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THE
HISTORY
O F
ENGLAND
FROM THE.
ACCESSION of JAMES I.
TO THAT OF THE,.
BRUNSWICK LIN E.
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V O L. II.
(Sawbridge)
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By CATHARINE MACAULA Y. balamo
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LONDON:
Printed for the AUTHOR;..
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And Sold by J. NOURSE, Bookfeller to his Majeſty, in the Strand¸
J. DODSLEY, in Pall-mall; and W. JOHNSTON, in Ludgate-ftreet..
MDCCLXV.
Up
CONTENTS.
CHARLES I.
CHA P. I.
Attempt to relieve Rochelle.Death of Buckingham.- Another
attempt to relieve Rochelle.- -Rochelle taken by the French
king.- Peace concluded with France.- Merchants impri-
foned. Wentworth bought off from the popular party.
New feffions of parliament.-Proteftation of the Commons.—Impri-
Jonment of feveral members. Diffolution.
CH HA
A P. II.
Page I
The King's declaration.Proclamation.--Proceedings against
the members of parliament. Death and character of Sir John
Elliot.Peace with France.-Peace with Spain.--Eng-
lift conful infulted.Tonnage and poundage levied with rigor.
Affairs of Ireland.Meafures to advance the hierarchy.
Perfecution of Miniſters.-- -Leighton's cruel ufage-
Innovations in religious ceremonies.-- Acts of power.Impofi-
tions and monopolies.-
Affairs of Germany. Proclamations.
·Acts of power.
CHA P. III.
+63
The King's journey to Scotland.Tranſactions there. -Death of
Abbot.- Advancement of Laud.His fchemes and arbitrary
proceedings.- Profecution of Prynne.Wentworth's beha
viour as prefident of the council of York, and deputy of Ireland.
Affairs of that country, Project of hip-money.
Death of Sir Edward Coke.--Scheme of a reconciliation with the
church of Rome.--Impofitions.
CHA P. IV.
133
Trial concerning Ship-money. Arundel's fruitless negotiation in
Germany. -Pacific meafures of the miniftry.--Profecution
of Williams bishop of Lincoln.Profecution of Prynne, Bur-
ton,
CONTENTS
ton, Baftwick, and others.Refolution of many to quit their
native country.
C. HA P: V
2202
State of religion in Scotland. Commotions in that kingdom.
The King and the Scots prepare for war.Conduct of the de-
puty of Ireland. Arbitrary oaths impofed there and in Eng-
land.- The King's forces retreat before the Scots.- -Paci
fication. -Naval engagement in the Downs -- ·Diffemula-
tion of Charles.- -Scotch tranfactions. -Preparations for an-
other war.- and Parliament in Ireland. Parliament in Eng-
land.--Diffolution. Acts of power.Convocation.
Impofitions. -The Scotch army enters England.- -Retreat of
the English forces.-Council of Peers. Treaty of peace.
C H HA P.
VI.
H
{
255
}
Parliament. Strafford impeached of high-treafon, And
others.Windebank flies.Laud accufed. Wren and
Pierce profecuted.--Patents for monopolies cancelled.
cancelled.Ship-
money declared illegal.- Finch accufed of high-treafon:
Flies. ·Judges accufed. -Judge Berkeley fent to prison.
Bill for triennial parliaments. Trial of Strafford.-
tempt to debauch the army.- Plot difcovered. -Proteftation.
Bill for continuing the Parliament. Strafford's execu-
tian.
His character:
At-
380
4
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ADVERTISEMENT.
TH
✔
HE Author would be wanting in that due re-
ſpect which every individual owes the public,
if ſhe did not acknowledge her grateful ſentiments of
the very favourable reception they have given her firſt
Volume. The beft return ſhe can make to the friends of
Liberty and the conſtitution is a diligent perſeverance
according to the plan laid down in the introduction.
She Aatters herſelf that the fecond Volume will be
received with the fame candor as the firft, knowing that
ir hath coſt her much more pains and labour, well be-
ftowed if they at all contribute to the ends propoſed in
this difficult attempt.
The period of time in this Volume is ſhort; but the
judicious will perceive the difficulty of drawing theſe
important tranſactions into a narrower compaſs, with-
out depriving the reader of neceffary information, and
defeating the great intention of the work.
St. James's Place,
Jan. 10, 1765.
´ER RAT A.
}
Page 7. line 15. after a man, add, of memorable infufficiency as a ftatefman and a foldier ;
-p. 46. 1. 19. after cuftomers, add, but-Appendix, p. xxii. 1. 43, for onerari read onerare.
3
+
1
7
+
S
H
*
I
S
THE
TOR Y
O F
EN GL AN D.
་
CHARLES I.
'
CHAP.
I.
Another
Attempt to relieve Rochelle.. Death of Buckingham.
attempt to relieve Rochelle. Rochelle taken by the French
Peace concluded with France.. Merchants impri-
foned.Wentworth bought off from the popular party.
New feffions of parliament. Diffolution:Impriſonment of
king.
Several members of parliament.
T
HE Petition of Right, though it did not pro- Ann. 1628.
duce a change in the conſtitution, yet it con-
firmed to the fubject every privilege which
their anceſtors had, for any length of time, enjoyed,
fince the Norman Conqueſt had given the fatal blow to
that enlarged fyftem of liberty introduced by the Sax-
ons. Notwithſtanding the importance of this event, no
lefs threatening were the ſymptoms at the breaking up
of this parliament, than had been thoſe that attended the
preceding ones: A precipitate conclufion of the feffions;
VOL. II.
B
anger
១.
HISTORY OF ENGLAND.
{
Ann. 1628. anger and diftruft on both fides; a remonftrance com-
poſed of diſgraceful truths, that fet in a full light the
infamous practices, and contemptible management of
the government. Had Charles given his extorted affent
to the Bill of Rights with a feeming alacrity, the Com-
mons would have been inclined to have thrown the
mantle of oblivion over paft offences; but his evaſions
and delays had not only excited a dangerous jealoufy,
but had taken away all pretence of merit from the
forced compliance. This head-ftrong prince, notwith-
ſtanding he had received the greateſt fubfidy that was.
ever granted to any king of England; notwithſtanding
the manifeſt indications which the parliament had ſhewed
that they intended to give him a legal right to the "reve-
nue arifing from tonnage and poundage; concluded the
feffions with indecent warmth, becaufe the Commons-
had declared that he had no right to fuch impofitions.
without confent of parliament. Had he fquared his.
conduct by the rules of common policy, on the remon--
ſtrance preſented to him on this fubject, he would have
offered to have prolonged the feffions till a bill of ton--
nage and poundage could have been perfected.
would have diſtreffed the popular members, who ſuf-
pecting that he would foon violate the laws he had
lately confirmed, when releafed from the fhackles of a
parliament, wanted to leave him in a fituation that
would render another meeting of this affembly necef-
fary; and had carefully avoided touching on this cap-
tious fubject till the Petition of Right was clearly paſſed.
This fagacious conduct in the Commons, no doubt,.
aroſe from the impolitic arguments which had been con-
tinually urged by the courtiers to bring them to comply
This
with
7
1
1
#
ኤ
CHARLES I
with the demands of the crown. They endeavoured to Ann. 1628.
intimidate, by reprefenting that if minifterial meaſures
were oppoſed, the king would affume every part of
the legislature, and govern without parliaments. Theſe
fuggeſtions might give warning, but could not ſtrike
terror. Such a government muſt ever be regarded as
a tyranny, and confequently its duration be very pre-
carious; whereas if, with a preſervation of the forms
of the conſtitution, the Commons had tamely yielded
to the King the power he had affumed, Liberty would
have been irrecoverably loft, and abfolute monarchy
eſtabliſhed by law.
THE numberlefs inftances in which Charles had vio-
lated the laws of the land, roufed the attention of the
nation to develop the real genius of the conſtitution;
and the accuracy with which the Commons at this pe-
riod examined the legal rights of the monarchy, may
be attributed to an impolitic exertion of power, that
crouded into one point of view all the oppreffive ufurp-
ations of the crown.
3.
relieve Ro-
THE firft military exploit which the miniftry engaged Attempt to
in after the diffolution of the parliament, was an at- chelle.
tempt to relieve Rochelle. At the preffing inftances of
the duke de Soubife, and deputies from this town, the
earl of Denbigh, with a fleet that confifted of ten ſhips
of the line, and fixty ſmaller veffels, was fent to fuccour
the befieged with a recruit of men and victuals.
complication of treachery, ignorance, and cowardice, that
appeared in the conduct of this expedition, rendered it
abortive;
B 2
A
史
​*
HISTORY OF ENGLAN D.
Ann. 1628. abortive; and Charles was either apparently betrayed
by his fervants and creatures, or himſelf an accomplice
in a deceit that muſt needs prove the fhipwreck of his
confcience and his honour, and the diffipation of that
treaſure which he had dearly purchaſed from the laſt
Du Cheyne. parliament. May the firft, the Engliſh fleet anchored at
Charleboy, in the road of Rochelle;. on the eighth day, by
the means of a high tide, and a ftrong favourable wind,
a fhallop, that carried the news of their arrival, got ſafe
into the harbour.
孳
​THE inhabitants, thus advertiſed of the approach of
their allies, erected fignals on the top of their towers,
and diſcharged their cannon, to fhew that they were
ready to attack the enemy, and favour, by a diverfion,
the entry of the deſtined fuccours. After an ineffectual
attempt to paſs a bar which the French had made to
prevent the paffage of the Engliſh fhips, a council of
war was called. The majority of the English captains
gave it as their opinion, that the Rochellers had deceived
them in their account of the facility of the enterprize.
The vice-admiral and another officer, named Car, ex-
claimed againſt the backwardneſs of the reft; and the
French hugonots in the fleet, whofe whole forces con-
fifted of two or three and twenty fmall veffels, offered,
with the affiftance of four merchant-fhips well armed,
and three fire-fhips, with a proportionable number of
foldiers, to fling fuccours into the place: With this offer
the Rochellers agreed to pay for all
that might miſcarry in the attempt.
himſelf on the impracticability of it,
the Englifh fhips
Denbigh excuſed
and on the words
of
}
1
A
CHARLES
5
I.
:
ana
of his commiffion, which were, not to fight unleſs pre- Ann. 1628.
viouſly attacked by the enemy. He obftinately refuſed to
give any affiftance towards the relief of the diftreffed town;
and notwithſtanding the tears and prayers of the deputies
from Rochelle, he fet fail and returned to England. On
the depofition of Andrew Le Brun, a Frenchman, con- Ephem. Parl.
p. 226, & feq.
cerning Denbigh's remiffneſs, a letter was fent by the coun-
cil to the lord high admiral Buckingham, fignifying, that
it was the king's pleafure that the earl of Denbigh, with
an addition to his fleet of other fhips prepared at Portf- Guthrie, vol.
III. p. 888.
mouth and Plymouth, fhould return back to relieve the
town of Rochelle. This mandate was diſobeyed. Den-
bigh remained at home; and Buckingham, who enter-
tained the project of appearing once more in a military
capacity, caufed ten fhips to be built, with other prepa-
rations towards the fitting out a naval armament that
fhould be equal to the dignity of the commander. The
earl of Marlborough, the preſent treaſurer, was diſmiſſed
from his office, as a man whofe frugal difpofition might
be a bar to the deftined expence of the expedition; and
Sir Richard Weſton, the preſent chancellor of the Exche-
quer, a notorious papift, and an approved creature of
Buckingham, was promoted to the treaſurer's ſtaff, with
the title of earl of Portland. On the vaft preparations
made for this expedition, it is reported that all the fub-
fidies given by parliament had been expended.
BUCKINGHAM had repaired to Portſmouth, in order to Death of
Buckingham
furvey the preparations for the intended embarkation,
when, on the twenty-third of Auguft, whilſt he was talk-
ing with warmth to the duke de Soubife, and other French
officers,
HISTORY OF ENGLAND,
*
Ann. 1628. officers *, on his inclining his head to give directions to
Sir Thomas Fryer, he received a deadly wound from an
unfeen hand, that ftruck a knife into his heart. He
withdrew the fatal inftrument, fell proftrate on the
ground, and expired inftantaneously †, to the furprize
and horror of the by-ftanders, who looked with fufpi-
cious afpects on the French gentlemen, whofe geſticula-
tions had been very vehement in this converſation. The
zeal of his attendants, who were running about with
drawn fwords, in queft of the affaffin, might have been
productive of miſchief, if, in the midft of the confufion,
a hat had not been found, in the inſide of which was
fewed a paper that contained part of that remonstrance
of the Commons which declared the defunct an obſtacle
to the peace and fafety of the kingdom, and the prime
cauſe of all its grievances. This diſcovery preferved the
foreigners from the danger of a maffacre. It was im-
mediately concluded that the owner of the hat muſt be
the murderer. In the midſt of the anxiety that the ap-
prehenfion of not overtaking the fugitive occafioned, a
man ſtepped forth, and preſenting himſelf to the com-
Rushworth, pany, faid, "I am the perſon who committed the ac-
vol. I. p. 635. tion; let not the innocent fuffer." This affaffin proved
1
1
* Buckingham had been communicating fome advices he had re-
ceived, as if a convoy had got into Rochelle. This he communicated
to the duke de Soubife, and the French gentlemen in his train, who
inſiſted with great vehemence that this advice was falfe, and only in-
tended to retard the expedition.
+ Clarendon, in his pompous hiftory of the civil wars, very ſeriouſly
tells a long ftory of the ghoft of Sir George Villiers, the father of
Buckingham, appearing feveral times, and prefaging the death of his
fon. Clarendon's History of the Civil Wars, fol. Ox. 1702, vol. I. p. 34.
to
ザ
​CHARLES I.
7
You
to be one John Felton, a man that was brave, honeft, Ann. 1628.
and confcientious; but melancholy, revengeful*, and
enthufiaftical. He had ferved in the ftation of a lieute-
nant under Buckingham, in his expedition to the ifle of
Rhee, and had conceived a perſonal averfion to him for
his having promoted an officer over his head t. The
loud complaints of the nation, coinciding with his pri--
vate refentment, inflamed the melancholy revengeful hu-
mours in his compofition to a black phrenzy, and his
enthuſiaſm prompted him to render himſelf, by an indi-
rect means, an inſtrument of juſtice on the declared enemy
of the public.
THUS, by the arm of a melancholy lunatic, fell this
object of almoft-univerſal hatred, George Villiers, duke
of Buckingham: a man, who, with no other eminent
qualities than what were proper to captivate the hearts
of the weakest part of the female fex, had been raiſed.
by theſe qualities to be the fcourge of three kingdoms;
and, by his peftilent intrigues, the chief caufe of that.
diſtreſs which the French proteftants at this time lan-
guiſhed under: a man, whofe extraordinary influence-
over two fucceffive princes, will ferve, among other ex--
amples of this kind, as an everlaſting monument of the
contemptible government that magnanimous nations.
* Felton having received an injury, cut off a piece of his little fin-
ger,. and fent it with a challenge to the gentleman who had affronted.
him, with this meffage: That he valued not the expofing his whole
body to deftruction, fo he might have an opportunity to be revenged.
Rushworth, vol. I. p. 638.
+ Befides this injury, he had long waited in vain for his arrears of
Ray. Complete Hift. of England, vol. III. p. 45..
muſt
!
1
8
HISTORY OF ENGLAND.
Ann. 1628. muſt ſubmit to, who groan under the mean, though op-
preffive yoke of an arbitrary fway, entrusted to the ca-
price of individuals.
R
THE expenfive parade of the courtiers in theſe times,
and the glitter that furrounded the minions of royalty,
can be by no fingle éxample fo fully illuftrated as by
the account of Buckingham's body-ornaments: The jew-
els he left behind him were eſtimated at three hundred
thousand pounds; a fum which, at the intereft that mo-
ney then bore, would have brought in an income of
twenty thousand pounds a-year. Charles was perform-
ing a public act of devotion when the death of his fa-
vourite was made known to him: The compoſure that
appeared in his countenance on the recital of this affaf-
fination, gave the by-ftanders a notion that he was not
diſpleaſed with an incident that rid him of the man who
effectually deprived him of the love and good opinion
of his fubjects. His after-deportment convinced the
public that he retained the fame fond affection to his
memory that he had ſhewn to his perfon. He not only
continued to heap favours on his whole tribe of kin-
dred, but on all thofe dependants which had attached
themſelves to his fortune; and paid a vaft debt which
he had contracted *, Felton was carried to London,
* Charles was within four miles of Portſmouth when the account
of his favourite's death was made known to him. He was on his
knees at prayers; no difcompoſure appeared in his actions, nor altera-
tion in his countenance, till the fervice was over, when he retired to
his chamber, and threw himſelf on his bed; where he gave vent to his
forrow in a flood of tears, and paffionate expreffions of regard to the
Clarend. Hift. vol. I. p. 25.
memory of the deceaſed.
It
*
9
CHARLES I
•
where he underwent feveral examinations before the Ann. 1628.
council. Laud, who had been lately promoted to the
bishoprick of London, fuggeſted a fufpicion that the Pu-
ritans were at the bottom of the miſchief, and threat-
ened the delinquent with the rack *. Felton told them
*
that if that was to be his cafe, he did not know whom
he might name in the extremity of torture; and if
what he ſhould then fay was to go for truth, he could
not tell whether his lordſhip the biſhop of London, or
which of the lords at the council-board, he might ac-
cuſe; for torture would draw unexpected things from
him. By a refolution of the King and council, the
judges were confulted on the queftion, whether Felton
might legally be put to the torture? The judges deter-
mined in the negative; and the King graciouſly declared,
that fince it could not be done by law, he would not, in
this point, uſe his prerogative. On Thurſday, the twenty- Rufhworth,
feventh of November, Felton was brought to his trial. Whitlock,
The unhappy enthufiaft felt fo exquifite a remorfe for fol. ed. 1682,
the crime he had committed, that on the court's paff-
ど
​It was reported.that Charles, to fhew his affection for his departed
favourite, gave a command for a magnificent funeral. The treaſurer
diverted the project by telling him, that the teſtimony of his favour
would be more lafting, if, inſtead of that tranfitory pomp, he was to
erect a ſtately monument to his memory. Charles affented to this pro-
pofition; but when he renewed the fubject of the monument, the
treaſurer evaded the King's intention by the following ſpeech :
6 Sir,
I am loath to tell your majeſty what the world will fay, both at home
and abroad, if you ſhould raiſe a monument for the duke before you
erect one for your father." The Reign of Charles, by H. L. fol. ed. 1665,
P. 91, & feq.
66
* He had been frequently examined concerning this queſtion, and
conftantly denied that he had any prompters to this action. Rushworth,
vol. I. p. 638.
VOL. II.
C
ing
vol. I. p. 640.
P. II.
HISTORY OF ENGLAND.
Ann. 1628. ing fentence of death upon him, he offered that hand
to be cut off which did the fact. Though the court dif-
claimed this requeft, as not within the compaſs of the
law, and out of their power to grant, Charles fent to
the judges to intimate his defire that Felton's hand might
be cut off before execution of the fentence of death.
The judges returned anfwer, that the king's will could
not be complied with; for in all murders the judgment
was the fame, unleſs when the ftatute of the 25 E. III.
altered the nature of the offence.
Rymer's Fœ-
dera, vol.
XVIII. p.
1043.
{
[ 1
1
On the death of Buckingham, the command of the
fleet deftined to the relief of Rochelle was given to the
earl of Lindſey. Notwithſtanding the money that had
been already expended, when the fhips ftores came to be ·
infpected, they were found deficient both in quantity
and quality; and the preparations were not ready till
the eighth of September, when the French had finished
a mole acrofs the harbour, which rendered the relief
of the town very difficult, if not impoffible. When the
fleet came before Rochelle, they made feveral vain at-
tempts on the mole; two days were ſpent in cannonad-
ing the works, without damage on either fide; and the
duke de Soubife began to fufpect that the English com-
mander, who had ſent ſeveral private meffages into the
French camp, was treating feparately with the enemy.
On receiving intelligence that the town could not hold
out above two days, he offered, with the French fhips,
to attempt the mole, if the English would promiſe to
follow him. The count of Laval propofed, with artifi-
cial mines, contrived in three fhips lined with bricks, to at-
tempt to blow it up. Both theſe propofals were rejected
in
*
CHARLES I
I I
}
in a council of war, and more time confumed in fruit- Ann. 1628.
lefs cannonading. The Engliſh captains in the fleet,
who had been all of Buckingham's nomination, and
who had hitherto refuſed to affent to any effectual me-
thod of combating the obſtacles that prevented the fling-
ing in relief to the town, at length determined, in a
council of war, to make one decifive attack. Before this Rochelle
could be put in execution, Rochelle was forced to capi-
tulate *. It exhibited a ſcene of mifery that even pride,
bigotry, and the luft of power, could not behold with-
out emotions of compaffion: The vain-glorious Richlieu, vol. I. p. 636.
taken.
Rushworth,
in the midſt of his exultations for the fuccefs of his
projects to forge everlaſting chains for his countrymen,
with his pupil-monarch, bred in the ſchool of defpotiſm,
and trained in thoſe principles of tyranny that render
confcience an accomplice to acts of cruelty and injuſtice,
on viewing this horrid theatre of human fufferings ex-
preffed fome marks of forrow and regret.
regret. Of
Of twenty-
two thouſand perfons who had been fhut up in the Sanderfon,
town, four thouſand alone furvived the hardships that Hift. of King
they had undergone. The living not being in number H. L. p. 93.
fufficient, or in a condition to bury the dead, vermin and
birds of prey fed on the expofed carcaffes.
The dying
carried their own coffins into the church-yards, and there
p. 127.
Charles, by
lay down and breathed their laft. Rats, dogs, cats, mice, Larrey, 8vo
ed. 1716,
human fleſh, and other diſtaſteful food, had been the only vol. I: p. 206,
* Guiton, the mayor of this town, who had made fo obftinate a de-
fence, going in his formalities to receive the conquerors, was told by
Richlieu, that he muſt diſmiſs his halberdiers, for the king would be
ſole maſter and mayor of Rochelle. He anſwered, with a ſpirit truly
noble, "If I had known you would not have kept your word with me,
the burghers ſhould have defended themfelves to the laſt man, and I
would then have buried myſelf under the ruins of the town." Larrey,
vol. I. p. 207.
G 2
proviſion
3
A
1
12.
HISTORY OF ENGLAND.
Ann. 1628. provifion on which theſe martyrs to the cauſe of Religion
and Liberty had for fome time fed. The few inhabitants
that furvived theſe miſeries appeared like the ſkeletons of
men. The ſtory of their fufferings fhews the mighty
influence that virtue has over a people actuated by a juft
ſenſe of freedom, that it not only over-ballances every
motive- of ſelf-preſervation, fubdues thoſe frailties that
are infeparable from humanity, but raiſes the mind
above the ſenſe of evils that are the moft infupportable
to the nature of man. Rochelle thus reduced in the face
of the Engliſh, their fleet failed home; and the French
monarch, with his minifter Richlieu, entered the con-
quered town, where they re-established the exerciſe of the
Roman Catholic religion, deſtroyed the fortifications, and
deprived the inhabitants of all the privileges they had
enjoyed from the edict of Nantes in the year 1598 *.
Lewis, who had obtained a compleat victory over a hand-
ful of brave men, fhut up within the walls of a town,
befieged by land and by fea with the whole force of the
French nation, returned to Paris, in which place he tri-
umphed with as much oftentation as if he had defended
his country from a formidable invafion.
THE reduction of Rochelle, the ftrongeſt town that
the French proteftants poffeffed, and the only remaining
bulwark of Gallic liberty, was an irrecoverable blow to
the reformed, and a neceffary ſtep towards the eſtabliſhed
deſpotiſm of the French monarchy. The bigotry of its
* The original edict was vefted in the hands of the Rochellers, who
preſerved it in their town till its deftruction, as a facred depofit. In
this fortrefs the reformed held their fynods, and all. thofe general af-
femblies in which they confulted on their common intereft.. Moreri,
vol. VII. p. 154, & feq.
fubjects,
*
13
CHARLES
I.
fubjects, notwithſtanding that the confequences of this Ann. 1628.
catastrophe were obvious, affifted their fovereign in this
fatal conqueft with an admired alacrity; one fenfible
Frenchman, the marefchal de Baffompiere, alone excepted, Echard, fol
who faid, "I think we ſhall be at laft fuch fools as to p. 440.
také Rochelle.
12
ed. 1720,
ON the return of the fleet to England, the earl of Rushworth
Lindſey made fundry complaints on the behaviour of
his officers, of the badneſs of the provifions, tackle, and
other neceffaries for the expedition. An enquiry was
ordered on the report of theſe particulars: After ſome of
the officers had been confined a ſhort time, and commif-
fions iffued to try others, the affair was entirely dropped.
Many hiſtorians have charged Charles with the guilt of
being an acceffary to the deftruction of the town of Ro-
chelle. If we acquit him of this black treachery, it
muſt be at the expence of his underſtanding. It appears
plainly that if his intentions were honeft, he was groſly
abuſed by the people he truſted. Whether the remiffneſs
of their conduct was occafioned by the intrigues of the
Queen his wife, who had now gained a mighty influ-
ence over him; whether it proceeded from Buckingham,
whom report avers to have facrificed Rochelle to the ca-
jolements of the court of France, and to the romantic
project of an amorous connection with the French
queen*, muſt be left to conjecture; fince record does
not afford fufficient authorities to warrant an hiftorian's
* An author, very partial to the Stewart family, relates, that in the
unfortunate expedition to the ifle of Rhee, Toras, the commander of
the French garriſon,, being much preffed with famine, fent a meffage
of furrender to Buckingham. Buckingham returned anfwer, that he
doubted not but they were too courageous, and of greater fidelity to
their
14
HESTORY OF ENGLAND.
1
Ann. 1628. giving either of the two reaſons for matter of fact. Whe-
Rushworth,
vol. I. p. 636.
Peace con-
cluded with
France.
Du Cheyne,
ther it proceeded alone from a palpable caufe that the
men trúfted with the execution of public affairs were in-
capable of performing any enterprize of importance, cer-
tain it is that the Rochellers had endured all their ex-
treme miſeries through the promiſes of Charles, and had
been prevailed on to commence hoftilities, not only by
the circumſtances of their affairs, but by the united force
of the moft earneft perfuafions, and the moſt flattering
affurances of protection from the king of England.
THE perfecution of the reformed churches was ſo vio-
lent, after the reduction of this fortrefs, that they were
again obliged to implore aid of Charles: this they did in
theſe terms; "That what they wrote was with their
tears and their blood." This emphatical expreffion had
no effect: A treaty of peace was now on foot between
the two crowns; it was concluded in the beginning of
the following year, without any ftipulations for the in-
p.1219,&feq. tereft or the preſervation of the French proteftants, though
the eleventh article of the treaty between Charles and
Id. p. 1211. the Rochellers is exprefly as follows: "And in cafe it
ſhall ſo happen that his majeſty ſhall hereafter lend an
ear to propoſals of peace with the Moft Chriftian king,
the ſaid people of Rochelle fhall be called to the confer-
ences, and no treaty fhall be concluded without exprefs
ftipulations that their privileges and immunities ſhall be
their king, than to render their caftle; but fince they were obliged to
yield to neceffity, they ſhould have honourable terms. On this an-
other meſſage was fent to Buckingham to name his conditions. He
deferred doing it, and the French found means to fling fuccours into
the caftle. Sanderfon's Reign of K. Charles, P, 91.
preferved
CHÁR LES I.
15
preferved to them, according to the inftructions they are Ann. 1628.
to furniſh on that head. His majefty farther obliges
himſelf to guarantee the faid treaty to them.” This
treaty of peace between the two crowns of France and
England, in which Charles fo bafely deſerted the Ro-
chellers, contrary to the articles of alliance, was in agi-
tation before the death of Buckingham; and it was with
a view to this treaty that he was appointed to ſerve in
the laſt expedition *. The Venetian minifter managed
the negotiation, and brought it to fuch a forwardnefs in
two conferences, one with the King and the other with
the duke, that the latter agreed to conclude the whole
before he failed; and the lord Dorchefter was fent to
him from the court the very morning on which he was
affaffinated, when going to take horfe to finiſh the buſi-
nefs in his mafter's clofet. This fecret negotiation, tranf-
acted without the knowledge of the Rochellers, at a time
when they expected, from the faith of promifes, written
with Charles's own hand †, a vigorous affiftance, is a
* On the ſubject of this treaty, the first miniſter of both kings were
to have an interview at the head of the fleets and armies of the reſpec-
tive nations. Hiftorical Preface to Sir Dudley Carleton's Letters, p. 31.
+ The following are two letters from Charles to the Rochellers, on
the return of that fleet which was fent to their fuccour under the com-
mand of the earl of Denbigh.
"Gentlemen,
"I have been troubled to hear that my fleet was upon the point of
returning without anfwering my commands, which were to force the
entry of your provifions, whatever came of it; and have given it new
orders to return into your road, and not ftir till it has relieved you
with victuals, or that I have fent them an additional ftrength, for
which I have caufed men to work with all diligence. Be affured that
I will
1
67
16
HISTORY OF ENGLAND.
Ann. 1628. very fufpicious circumftance, and renders it probable
that his intentions were not honeft with regard to this
fuffering deluded people, and that they were to be the
neceffary facrifice to the intended peace. The French af-
terwards inſiſted on the reftitution of Canada and Acadia,
taken from them in this year 1628; the only advantage
that Great Britain had gained in the courſe of this dif
graceful war.
•
THE unhappy fate of the Rochellers, and the mifera-
ble fituation of the reformed churches, could not fail of
exciting in the Engliſh a freſh difguft at the conduct of
the miniſtry: this was inflamed by many other cauſes
of complaint. Charles, who had in fome meaſure been
the means of fixing the French monarchy on the bafis
of an eſtabliſhed defpotiſm, ſeemed at preſent more than
ever determined to raiſe his own government to the ſame
fublime height of tyranny, and had digeſted his former
projects into a more regular plan of execution. The fol-
diers that returned from the Rochelle expedition were
I will never abandon you, and that I will employ all the force in my
kingdom for your deliverance, until it pleaſe God to blefs me with
giving you an affured peace."
"Gentlemen,
"Be not diſcomforted, though my fleet be returned; hold out to
the laſt; for I am refolved that all my fleet fhall perish, rather than
you fhall not be relieved; and to this end I have countermanded it,
and have ſent ſhips to make them change their defign that they had
taken to come back. I fhall fhortly ſend you fome number of ſhips
to reinforce it; and, with the help of God, the fuccefs will be happy
for your deliverance." Guthrie, vol. III. p. 887. Larrey, vol. I. p.
201.
not
CHAR LE S I
17
*
not difbanded *; bút quartered in different parts of the Ann. 1623.
kingdom; fome were fent into the Ifle of Wight, fome
into Effex, where they committed great outrages.
+
imprisoned.
SINCE the laſt feffions of parliament, ſeveral wine-mer- Merchants
chants had been committed to the Fleet for refuſing to ſub-
mit to an impofition of twenty fhillings on the ton; and
Charles declared in full council, that it was his abfolute
will and pleaſure that a new duty of two fhillings and
two pence the hundred on currants fhould be added to
the old one of three fhillings and four pence. Richard
Chambers, a merchant, was committed to the Marſhalfea
prifon for faying, "That greater impofitions were re-
quired of the merchants in England than in any other
place, and that they were more fcrewed up than the
Turk." Theſe words not having been expreffed in the
return of the writ, it was judged infufficient, and the
warden of the priſon directed to mend it: But the pri-
foner was adviſed by the court to fubmit to the lords of
the council, and petition them for his enlargement. Be-
fore this time and his fecond return, Mr. Jermyn, the
counſel for the priſoner, moved that he might be dif-
miſſed or bailed, as it appeared by the return he was
not committed for treaſon, and that the return did not
* About this time thoſe troops who had ferved abroad under the
command of Sir Charles Morgan, and who had a long time with great
bravery defended Stoad, fituated about twenty miles from Hambo-
rough, on the other fide of the Elbe, after its furrender were ſent to
the king of Denmark for the defence of Luckftat; and the thouſand
horſe levied in Germany, for the ſervice of Charles, entered into the
pay of the king of Sweden and the duke of Savoy. Rushworth, vol.
I. p. 637.
VOL. II.
D
fhew
T
18
HISTORY OF ENGLAND.
+
ง
*
Ann. 1628. fhew what the words were whereto, he might give, an-
fwer. The King's attorney defired that he might have
time to confider of the return, and be informed of the
words, and that in the interim the prifoner to attend
the council-table, and petition. The prifoner ftood upon
the juftice of the law, and the inheritance of the fubject.
On his importunity the court commanded him to be
bailed * ; but withal told him, that he was indebted to
the clemency of the court, it being in their power to
draw an indictment againſt him, if they would, for
contemptuous words. The judges, on account of the
bailing of Chambers, were fent for to attend the lord
keeper, the lord treaſurer, the lord privy-feal, and the
chancellor of the dutchy. The lord keeper declared to
them, that the enlargement of Chambers was without
due regard had to the privy-council, they not having
been previouſly made acquainted with it. The judges
excuſed themſelves by faying, that the lord chief-juf-
tice had acquainted the lord keeper in private, before
they had proceeded to bail the party; and moreover
added, that what they had done in that affair was ac-
cording to law, juftice, and confcience. On this they
1
were told, that it was neceffary for the prefervation of
the ſtate, that the power and dignity of the council-table
ſhould be preſerved, and that it could not be done with-
out a correſpondency from the courts of juftice.
attorney-general exhibited an information in the Exche-
quer against Samuel Vaffal, a merchant of London, for
The
* On a recognizance of four hundred pounds: four fecurities were
bound in a recognizance of an hundred pounds each. Rushworth, vol.
I. p. 640.
1.
refufing
1
19
CHARLES 1.
The goods
refufing to pay the new duty of five fhillings and fix- Ann. 1628.
pence on every hundred weight of currants * To this
information Vaffal pleaded the ftatute of Magna Charta,
and the ftatute de tallagio non concedendo; and that this duty
was impofed without affent of parliament. The barons
of the Exchequer refuſed to hear Vaffal's council argue
for him; and faid that the King was in poffeffion, and
they would keep him in it †. On this they fent Vaffal
to priſon, and gave judgment for the King.
of one Rolls, a merchant, and a member of parliament,
were likewife feized, and the fame judgment given againſt
him in the Exchequer. Thoſe groveling inftruments of
oppreffion, the officers of the cuſtoms, who, in propor-
tion to the baſeneſs of their education, are infolent in
office, faid, with unprecedented impudence, "If all the
parliaments were in you we would take your goods."
Divers merchandizes belonging to the fore-mentioned
Richard Chambers, having been ſeized in the fame man-
ner, he ſued forth a writ of replevin to regain poffef-
fion: The barons of the Exchequer fent an injunction
under the feal of their court, commanding the fheriff
not to execute the writ, or any the like writs of replevin
* The information fet forth, that king James did, by his letters pa-
tent, command the taking the ſaid impofitions; that his majeſty that
now, is, by his letters patent dated the 26th of June, 2 Caroli, did, by
the advice of his privy-council, declare his will and pleaſure to be,
that ſubſidies, cuſtoms, and impoft, ſhould be levied in ſuch manner
as they were in the time of king James, until it might receive a ſet-
tling by parliament; that the faid Samuel Vaffal, before the ift day
of October, 4 Car. did bring into the port of London 4638 hundred
weight of currants, for which he refuſed to pay duty. Rushworth, vol.
I. p. 641.
+Vaffal's goods had been ſeized and lodged in the cuſtom-houſe.
D 2
that
20
HISTORY OF ENGLAND.
{
Ann. 1628. that ſhould be afterwards fued forth for the delivery of
any goods in the like nature detained; and declared in
court that fuch goods were not repleviable by law. On
this the ſheriffs of London refuſed to execute the writ of
replevin. Chambers, finding it impoffible to obtain juf-
tice, offered to give fecurity for the payment of the du-
ties that were demanded. The court refuſed to take his
fecurity, and directed the officers of the cuſtoms to de-
tain double the value of the fums which had been by
them demanded, and to reſtore the refidue. To theſe
acts of violence committed againſt the London merchants,
the court gave another cauſe of difguft, by levying
an oppreffive fine on the occafion of a riot, in which
one Lamb, a fuppofed conjuror *, and a creature of the
duke of Buckingham, was killed.
{
DR. Manwaring's fermons were fuppreffed by procla-
mation † ; but himſelf, who had been difabled from ec-
* This Lamb was notorious for an ill fame. As he was coming
from the playhouſe one evening, the rabble gathered thick about him,
and reviled him with the appellation of witch, devil, and the duke's
conjuror. He took fanctuary at a vintñer's, who, fearing that his houfe
would be pulled down by the violence of the tumult, thruft him out;
whereupon the mob, feeing that the city-guard were coming to his
reſcue, fell upon him, and bruifed him in fuch a manner that he died
the fame night. The city of London endeavoured to find out the moſt
active perſons in this riot, but the aggreffors were ſo faithful to each
other that no witneſs appeared againſt any individual. The court,
who looked upon this action as an infult on the favourite, fined the
city 6000l. Complete Hift. vol. III. p. 45. Rushworth, vol. I. p. 618.
+ In the beginning of this proclamation the king declares, that
the grounds of the fermon were rightly laid to perfuade obedience
from the ſubjects to their fovereign, and that for confcience fake.
At the fame time came out two proclamations concerning recu-
fants:
1
CHARLES I.
21
Ki
<
*
clefiaftical preferments in the church of England by cen- Ann. 1628.
fure of parliament, was prefented to the rich endow-
ment of the rectory of Stamford-Rivers in Effex, and had
a diſpenſation to hold it with that of St. Giles in the
Fields *. About the fame time Mountague, the author
of that noxious performance entitled Appello Cæfarem †,
was preferred to the bishoprick of Chicheſter. A pro- Rym. Fod.
fants: One for the apprehending of Richard Smith, titular biſhop of
Calcedon, and other priefts and jefuits that had taken orders by au-
thority from the fee of Rome; and another declaring the King's plea-
fure for proceeding with Popish recufants, and directions to his com-
miffioners for making compofitions for two parts in three of their ef
tates due by law. Theſe proclamations gave little fatisfaction; the firſt
becauſe the delinquents taken were thought to be treated too favoura-
bly, and the ſecond for the fame reafon; viz. The recufants got off
upon eafy terms, by means of compofitions at under-value, and by
letters of grace and protection to the moſt wealthy. According to
Prynne, the proclamation against the bishop of Calcedon was pro-
cured at the earneſt folicitations of the regular priefts in England and
Ireland, who violently oppoſed Smith's epiſcopal juriſdiction. Ruſh-
worth, vol. I. p. 633. Rymer's Fæd. vol. XVIII. p. 1024, 1037. vol.
XIX. p. 6.
* He was afterwards promoted to the deanry of Worceſter, and
finally to the bishoprick of St. David's. Heylin's Life of Laud, p. 180.
+ This book was wrote on the following occafion: Two divines of
the Norwich diocefe, Yates and Ward, had informed againſt Mounta-
gue's dangerous errors of Arminianifm and Popery, diffeminated
through a work which he had publiſhed in anfwer to one that had been
wrote by the Papiſts, called the Gagger of Proteftants. Mountague
wrote this fecond work to vindicate his principles. He dedicated it to
the King, and entitled it Appello Cæfarem; applying the words
which had been once uſed to Lewis of Bavere, emperor of Germany;
Domine Imperator, defende me gladio, et ego te defendam calamo.
"Lord
Emperor, defend me with thy fword, and I will defend thee with my
pen." Fuller's Ch. Hift. ed. 1655, book 11. p. 119.,
vol. XIX,
P. 26.
}
}
clamation
22
HISTORY OF ENGLAND.
*
*
Ann. 1628. clamation was iffued to call in his book, with a pro-
hibition againſt preaching and writing pro or con on the
fubject. Before this was done, the edition of Mounta-
gue's book had been vended, and out of riſk of ſeizure;
but it effectually fuppreffed the feveral anfwers to it,
written by Dr. Goad, Dr. Featly, Burton, Ward, Yates,
Wotton, and Francis Roufe, Efq. Divers of the printers
of theſe performances were queftioned in the high-com-
miffion court.
་
Here a
LAUD was now, on the death of Buckingham, be-
come fupreme favourite t. Before the meeting of the
parliament, which had been prorogued from the twen-
tieth of October to the twentieth of January, Charles
held a confultation with his cabinet council.
fettled plan of action was determined for the enfuing
feffions, in what manner the fervants of the crown
were to behave in particular cafes. That if the houſe of
Commons urged the delivery of the merchants goods
before they proceeded on the bill of tonnage and pound-
age, then the anſwer of the privy-counsellors to be as
follows. That if the houſe intend to grant tonnage
and poundage to the king, as it hath been granted to
his predeceffors, it will end all difputes. If this anfwer
* To both Manwaring and Mountague was granted a royal pardon
of all errors heretofore committed by them, either in fpeaking, writ-
ing, or printing, for which they could be any way liable to be hereafter
queftioned. Complete Hift. of England, vol. III. p. 53.
+ William, earl of Pembroke, the chancellor of Oxford, to flat-
ter Charles, committed his power over the univerfity to Laud; who
this year framed ſtatutes for limiting the free election of proctors. Rub-
worth, vol. I. p. 637. Laud's Diary, in the Breviate of his Life, by Prynne,
p. 15.
•
$
did
1
>
f
CHARLES I
23
did not fatisfy, then the King was to declare, that if Ann. 1628.
they would paſs the bill in the fame manner as his an-
ceſtors had it *, he would graciouſly acknowledge the
holding it by grant of parliament. If this was refuſed,
then to avow a breach. To compleat this kingly plan,
a bill of tonnage and poundage was to be prepared by
the miniftry, before the parliament met. Other mat-
ters were likewife taken into confideration: That fhould
the parliament proceed to cenſure the actions of the late
duke of Buckingham; to accufe upon common fame
the King's fervants now living; to charge them with il
counſel to the King; to handle matters of religion, only
proper for his majefty and a convocation to determine;
to raiſe objections againſt his majeſty's ſpeech the laſt
day of the laft feffion, as trenching upon the liberty of
the ſubject; in theſe and the like caſes ſhould the houſe
proceed towards a refolution, then the privy-counſellors
who were of that houſe were to intimate that fuch de-
bates would tend towards a breach, and would not be
admitted: on this the king was to declare that he would
not fuffer fuch irregular courfes of proceeding.
It was not without fome grounds that the refolutions
of the miniſtry were thus arrogant and affuming. They
had at this time, with the bribe of a peerage, and the
prefidentſhip of the council in the northern parts, bought dera, vol.
off from the popular party Sir Thomas Wentworth †, a
* That is, without guarding the fubject from arbitrary impofitions,
not limited by parliament.
He was at firft created Baron Wentworth of Wentworth Wood
Houſe, and then a viſcount.
Rymer's Fo
XIX. p. 9,
'
man
·24
HISTORY OF ENGLAND.
'
Ann. 1628. man whofe principles of oppofition had been ftrongly.
ftimulated on an envious pique againſt Sir John Saville,
a neighbour of his, an avowed creature of the court
مجھے
* Sir John Saville had been formerly of the popular party. The
fame means had been taken to debauch him from a ſenſe of duty to
the public as were now practifed to entice Sir Thomas Wentworth ;
viz. loading him with court-preferment. He was first made comp-
troller of the houfhold, and then created a peer.
*
It appears by letters and diſpatches of Thomas Earl of Strafford,
publiſhed by William Knowles in 1739, that there had formerly fub-
fifted a kind of intimacy between the two families of the Savilles
and the Wentworths, and that this continued while they were both in
the oppofition. Sir John Saville, on fome threatenings from the
court, made a voluntary refignation of his place of cuftos rotulo-
rum to Sir Thomas Wentworth. When Sir John Saville was taken into
favour, on the terms of his apoftacy, Buckingham demanded of Sir
Thomas Wentworth that he ſhould yield this place again to Sir John
Saville. Hence arofe Wentworth's animofity to Saville, who from this
period till the apoftacy of the former, received, to the great diſguſt of
his rival, continued inftances of favour and partiality. The following
inſtance of Wentworth's inveteracy to Saville, fhews the character of
the former in a ſtrong light, that all his pretended notions of juſtice
and liberty were put on to indulge fome preſent paffion, or proſpect
of future advantage. Sir Thomas Wentworth and Sir George Calvert,
fecretary of ſtate, ſtood in the year 1620 for knights of the fhire of the
county of York. Sir Thomas Wentworth had heard that Sir John Sa-
ville intended to propofe himſelf to the county, and on this intelli-
gence writes in the following manner to Sir George Calvert: "Sir
John Saville is by his inftruments exceeding bufy, intimating to the
common fort, under-hand, that yourſelf, being not refiente in the
county, cannot by law be chofen; and being his majeſty's fecretary,
and a ſtranger, one not ſafe to be trufted in the country: but all this,
according to his manner, ſo cloſely and cunningly, as if he had no part
- therein; neither doth he as yet further declare himſelf, but only that
he will be at York the day of election: And thus finding he cannot
work them from me, labours only to fupplant you. I endeavour to
meet with him as well as I may, and omit nothing that my poor un-
derſtanding tells me may do you fervice. My lord prefident hath writ
-
to
CHARLES I.
25
1
whofe favour from Buckingham had given Wentworth Ann. 1621.
fuch diſguſt, that he put himſelf at the head of the
to his freeholders on your behalf, and feeing he will be in town on
the election-day, it were, I think, very good he would be pleaſed to
fhew himſelf for you in the Caſtle-yard, and that you writ unto him a
few lines, taking notice you hear of fome oppofition, and therefore
defire his preſence might fecure you of fair carriage in the choice. I
have heard that when Sir Francis Darcy oppofed Sir Thomas Lake in a
matter of like nature, the lords of the council writ to Sir Francis
to defift. I know my lord chancellor is very fenfible of you in this
buſineſs: A word to him, and fuch a letter would make an end of
all."
The following letter of Sir Arthur Ingram to Sir Thomas Went-
worth fhews, that the latter had at this time a view of making uſe of
his intereſt in the country, to render himſelf of confequence enough
to be bribed by the court.
Sir Arthur Ingram to Sir Thomas Wentworth.
"I find your and my good friend removed from his place, and the
feal given to Sir Thomas Coventry. By this you and I both have loft
a worthy and good friend, but it is eaſier in theſe times to loſe a good
friend than to get one: But theſe be things of the world, in which a
man's beſt help is patience. Another good friend of yours, which is
my lord-marſhal *, hath the hand of the great duke upon him, who
hath brought the King that he will hardly ſpeak to him. The man del.
that hath done you much wrong, both to the King and him, is the chan-
cellor of the dutchy; but, on my creed, you are much beholden to the
chancellor of the Exchequer, who hath done you good offices with the
King, and will continue the fame upon all occaſions.”
The good friend firſt mentioned was Williams, at this time lord
keeper. He had made feveral propoſals to Buckingham to engage
Sir Thomas Wentworth to his party, by granting him court-fa-
vour: Theſe propofals Buckingham rejected with difdain, and the
decline of the keeper's influence retarded the meaſure till after the
death of Buckingham. Sir Thomas Wentworth, in a letter to Sir Ri-
chard Weſton, chancellor of the Exchequer, relates, "That at the
diffolved parliament at Oxford he had been moved from and in behalf
VOL. II.
E
of
* Lord Arun-
}
•
26
HISTORY OF ENGLAND.
Echard,
vol. II. p. 82.
Ann. 1628. country intereft in that county, and being a good fpeaker,
Wentworth's had great fway in the Houfe. The frail man was at firſt
apoſtacy.
aſhamed of his apoftacy *, and concealed his change of
fentiments; but at length pretended to juftify himſelf by
condemning the principles of his former affociates. Mr.
Pym bad him be at no pains to excufe his conduct.:-
"You have left us, fays he, but I will not leave you.
whilft your head is on your ſhoulders †."
-
བ
of the duke of Buckingham, with promiſe of his good eſteem and fa--
vour; that he had anſwered, he honoured the duke's perfon, and was
ready to ſerve him in the quality of an honeft man, and a gentleman.
You are privy," writes he to Sir Richard Wéfton, "how I performed
what I promiſed. The confequence of all this was the making me
fheriff the winter after. It is true the duke, a little before Whitfun-
tide laft, at Whitehall, in your prefence, faid it was done without his
grace's knowledge; that he was then in Holland.. At Whitehall, Eaſter
laft, you brought me to the duke; his grace did before you contract,
as he pleaſed to term it, a friendſhip for me; all former miſtakes laid
afleep, forgotten. After I went, at my coming out of town, to receive
his commands, to kifs his grace's hands, where I had all the good
words and good ufage that could be expected, which bred in me a
great deal of content, a full fecurity. Now the confequence here again
is, that even yeſterday I received his majeſty's writ for the diſcharging.
me of the poor place of cuftos rotulorum, which I held here." Went-
worth, thus diſappointed in his hopes of preferment, returned again to
his patriotifin: His ſtiff refufal of the loan, and his fpirited conduct
in that parliament memorable for the paffing the Petition of Right, was
after this period. Strafford's Letters, fol. ed. 1739, vol. I. p. 11, 13;
28, 34, & feq. Heylin's Life of Laud, p. 194.
*This black crime of proftituting public virtue to private gain was
not in theſe days countenanced by the number of the offenders..
+ When he was about making his peace with the court, he defired
an interview with Pym; difcourfed with him on the danger they were
likely to run, and what advantages they might have if they would but
liften to fome offers that would probably be. made them from the
court. Wellwood's Mem. p. 48..
ON
•
CHARLES I.
27
New feffions.
ON the meeting of the parliament *, the first act of Ann. 1628.
the Commons was to revive all their committees †. They 20 Jan.
next proceeded to take into confideration ‡ in what par-
ticulars the liberty of the fubject had been invaded, con-
trary to the Petition of Right. It was ordered that Mr.
Selden and others fhould fee if that Petition and the an-
fwer were inrolled in the parliament-rolls and courts at
Weftminſter, according to the promiſe his majeſty had
made laſt feffion. On Mr. Selden's report that the King's
ſpeech on the prorogation of the parliament was entered
together with the Petition, the Houſe went into an im-
mediate debate, notwithſtanding a motion of Mr. Pym
that it might be deferred till Thurſday, on the account
of the thinness of the affembly: "This matter," faid The Proceed-
Sir John Elliot," concerns the honour of the Houfe, and bates of the
ings and De-
the liberties of the kingdom. It is true it deferves to Commons,
be deferred till a fuller Houſe, but it is good to prepare by Sir Tho-
things, for I find this to be a point of great confequence.
I defire, therefore, that a felect committee may both en-
ter into confideration of this, and how other liberties of
this kingdom have been invaded. I find in the country
the Petition of Right printed indeed, but with an anſwer
that never gave any fatisfaction. I defire a committee
may confider thereof, and prefent it to the Houſe; and
that the printer may be fent for to give fatisfaction, and
to be examined about it, and to declare by what war-
edt tails geb od: perh
Y
}
The parliament had been prorogued from the 20th of October to
the 20th of January
*
+ On privilege, on religion, on courts of justice, on grievances, on
trade. Journals of the Commons, vol. I. p. 920.
70.0
†The whole Houfe was refolved into a committee. Journals of the
Commons, vol. I. p. 920.
*
E 2
rant
Houſe of
mas Crew,
ed. 1707, p.2,
& feq.
28
HISTORY OF ENGLAND.
1
Ann. 1628. rant it was printed. "For this Petition of Right, faid
Mr. Selden, it is well known how lately it hath been
violated fince our laft meeting. Our liberties for life,
perfon, and freehold, how have they been invaded?
Have not fome been committed contrary to that petition?
Now we know this invafion, we must take notice of it.
For liberties in eftate, we know of an order made in the
Exchequer, that a fheriff was commanded not to execute
a replevin; and mens goods are taken away, and muft
not be reſtored. No man ought to lofe life or limb but
by the law, and hath not one lately loft his ears *? Next
they will take away our arms, our legs, and our lives.
Let all fee we are fenfible of this. Cuftom creeps on
us. Let us make a juft repreſentation to his majeſty."
The Houſe having given way to Sir John Elliot's motion;
Norton, the King's printer, was called to the bar, and
examined concerning the additional fpeech printed with
the Petition of Right. Mr. Selden and four other mem-
bers, on a command of the Houſe, went home with Mr.
Norton, and informed themfelves of the warrants by
which he had acted. They reported, that on their exa-
mination of Mr. Norton and Mr. Bill, the King's prin-
ters, they found that the clerk of the Houfe of Lords
had ſent the original Petition of Right, with the King's
fecond anſwer to it; that during the fitting of parlia-
ment they had printed about fifteen hundred copies,
of which few were divulged; that the day after the fef
fion was ended, Mr. Attorney fént for Mr. Bill to his
chambers, and told him, by his majefty's command,
•
* This feverity was inflicted on one Savage, by order of the Star-
chamber.
#
that
}
CHARLES I.
29
that theſe fhould not be publiſhed, and that the lord Ann, 1628.
privy-feal told him as much; that foon after he was fent
for to court, where Mr. Attorney told him, he muſt print
the Petition of Right, with his majefty's firſt anſwer to
it, and his laſt ſpeech.
Commons,
Parl.Hift.vol.
VIII. p. 247.
"By this Crew's De-
& feq.
ON Thurſday the twenty-fecond, Mr. Rolls, a mem- Journals of
ber, informed the Houſe that his goods were ſeized for vol. 1. p. 921.
not paying the cuſtoms demanded, although he offered
to pay what the law adjudged to be due.
information, ſaid Sir Robert Philips, you fee the mif- bates, p. 5, ¡
fortunes of theſe times, and how neceffary it is for this
affembly to meet to ferve his majefty, and preſerve our-
felves: I am confident we came hither to do both. Great
and weighty things wound deep. Caft your eyes which
way you pleaſe, you ſhall fee violations on all fides:
Look on the liberty of the fubject, look on the privi-
leges of the Houfe; let any fay if he read or faw the
like violations by inferior minifters that over-do their
commands. They knew the party was a parliament-
man; nay, they faid, If all the parliament was in him,
they would do the thing, and juftify it. If we ſuffer
the liberties of this Houſe to wither out of fear, we ſhall
give a wound to the happineſs of this kingdom.
courſe of juſtice was interrupted. Order was made in
the Exchequer for the ſtay of the goods; fince this there
has been a feizure to the amount of five thouſand
pounds, for pretended duties of two hundred. In the
firſt of king James, by reaſon of a ficknefs, the parlia-
ment was prorogued, and then there was fome boldneſs
to take tonnage and poundage; and then we queftioned
the men that demanded it, for there was no right to
demand
*
+
१
The
30
HISTORY OF ENGLAND,
Ann. 1628. demand it.
Journals of
Commons,
Let us proceed with perfeverance in our du-
ties to make up breaches; let a committee be appointed
to confider of theſe duties."
$
HERE fecretary Cook made a fpeech, recommending
moderation. To this Mr. Littleton made the following
reply: “We have had moderation preached to us in par-
liament, and we follow it. I would others did the
like out of parliament. Let the parties be ſent for that
violated the liberties of parliament, that they may have
their doom."
their doom." Before the Houfe came to a refolution on
vol. I. p. 921. the ſubject, they were interrupted by a meffage from the
King, which intimated a defire that farther proceedings
ſhould be forborn till the morrow, when his majeſty was
refolved to ſpeak with both Houſes in the banqueting-
houſe at Whitehall.
Crew's Pro-
ceedings of
the Houſe of
Commons,
P. 9, & feq.
ACCORDING to the refolutions of the privy-council,
previous to the meeting of the parliament, Charles ad-
dreffed the Lords and Commons in the following manner:
"The care I have to remove all obftacles that may hin-
der the good correſpondency, or caufe a miſunderſtand-
ing, betwixt me and this parliament, made me call you
hither at this time, the particular occafion being a com-
plaint lately moved in the lower Houſe. And as for you,
my lords of the higher Houſe, I am glad to take this,
and all other occafions, whereby you may clearly un-
derſtand both my words and actions; for as you are
nearer in degree, ſo you are the fitteſt witneſſes for kings.
The complaint I ſpeak of, is for ſtaying of mens goods
that deny tonnage and poundage. This may have an
eaſy and ſhort conclufion, if my words and actions are
rightly
A
CHARLES
3. I
I
'
་
rightly underſtood: for by paffing the bill as my anceſtors Ann. 1628.
have had it, my paft actions will be concluded, and my
future proceedings authorized; which certainly would
not have been ftrucken upon, if men had not imagined
that I had taken thoſe duties as appertaining unto my
hereditary prerogative, in which they are much deceived;
for it ever was, and ftill is my meaning, by the gift of
my people to enjoy it. And my intention in my ſpeech
at the end of the laſt feffion was not to challenge ton-
nage and poundage as of right, but de bene effe; fhewing
you the neceffity, not the right, by which I was to take
it until you had granted it unto me; afſuring myſelf,
according to your general profeffions, that you wanted
time, and not good-will, to give it me: wherefore, hav-
ing now opportunity, I expect that, without lofs of time,
you make good your former profeffions; and fo, by
paffing the bill, to put an end to all queſtions ariſing
from this fubject; efpecially fince I have removed the
only obſtacle that may trouble you in this bufinefs."
Charles ended his fpeech with blaming the Commons
for enquiring into the infractions of the Petition of Right,
and recommended a mutual confidence, that this feffion
might end in a perfect and good correfpondency between..
them...
2
14
IT has been already obferved, that the Commons af-
fèrted their right of affent to this tax with a view to op-
pofe the illegal pretenfions of the crown, and to reſtrain
the power it had ufurped of making arbitrary impofitions
on the ſubject. This could no otherwife be effected than
by making tonnage and poundage a temporary tax, or
by paffing the bill in a manner that ſhould indiſputably
fix
32
HISTORY OF ENGLAND.
}
Ann. 1628. fix the rate of cuftoms as limited by parliament.
For-
mer fovereigns ftrictly kept to the fenfe of the obliga-
tion. It had never been violated from the time of Ed-
ward III. till the reign of Mary. This princefs's exam-
ple of laying on one arbitrary impoſition had been fo
much improved by her fucceffors, as to have become a
heavy burden on trade, and rendered the revenue of the
crown too much independent of the parliament for the
fafety of the conftitution.
{
THIS hiftory, perhaps, does not furniſh us with any
fingle example that more fully expofes the fhallowneſs of
the miniſtry, than the attempt to impofe this ridiculous
expedient mentioned in the King's fpeech, of fettling the
preſent weighty point in difpute. Had the parliament
paffed the act in the manner that Charles had dictated,
and without reftitution of the goods taken in the inter-
mediate period, they would not only have given up the
means of redreffing the most important grievance of the
nation, but would have effectually authorized an exam-
ple, that rendered this unlimited revenue as independent
of parliament, as any other of the moſt indiſputable ap-
pendages of the crown. If the parliament will accede
to the power of laying on impofitions, Charles graciouſly
promiſes to acknowledge that he holds it by ſuch a con-
ceffion: But this is a privilege I cannot want, ſays he;
it is neceffary to the freedom and grandeur of the mo-
narchy; your obftinacy in this point juſtifies the taking
that from you by force, which it is in your option to
make your own act and deed. Might not the fame pow-
erful arguments be uſed for the taking ſubſidies, or any
other violation of the conftitution? and might it not be
8
faid,
3
33
CHARLES I.
བརྙ
A
faid, according to this cafuiftry, that it was the fault of Ann. 1623.
K
the parliament if any illegal acts were committed by the
government, fince it was in their power to authorize ty-
ranny, and give the ftrength of law to ufurpation. Give
me your purſe, and you will no longer fuffer the injury
of violence. Surrender willingly your liberty, and what
you now complain of as tyranny will become law.
*
ceedings and
the Commons,
p. 13, & feq.
THE Commons took no immediate notice of this con-
ciliating propofal. They rejected a motion of fecretary
Cook, that the bill of tonnage and poundage might be
read, and entered with great warmth on the important
point of religion. This debate was opened by Mr. Sher-
land. It was purſued by Mr. Roufe *, Mr. Pym, and Crew's Pro-
others. "We have of late entered into confideration of Debates of
the Petition of Right, faid Mr. Roufe, and the violation
of it; and upon good reafons: for it concerns our
goods, liberties, and lives. But there is a right of an
higher nature, that preferves us far greater things, even
the eternal life; our fouls, yea, our God himſelf; a right.
of religion derived to us from the King of Kings, con-
firmed to us by the kings of this kingdom, and enacted
by laws in this place, ftreaming down to us in the blood
of martyrs, and witneffed from Heaven by miracles, even
miraculous deliverances. This right, in the name of
this nation, I now claim; and defire that there may be
deep and ferious confideration of the violations of it.
Lower natures being backed by higher, increaſe in
courage and ftrength; and certainly man being backed
This was, in all probability, the author of one of thoſe anſwers
to Mountague's book which had been fuppreffed by the miniſtry.
*
VOL. II.
F
with
磁
​2
34
HISTORY OF ENGLAND.
1
Ann. 1628. with omnipotency, is a kind of omnipotent creature.
All things are poffible to him that believeth; and where
all things are poffible, there is a kind of omnipotence.
Wherefore, let it be now the unanimous confent and
refolution of us all, to make a vow and covenant from
henceforth to hold faft one God and one religion; and
then we may expect profperity. To this covenant let
every one fay Amen."
In the courſe of this debate, Arminianiſm was termed
the fpawn of Popery; it was affirmed, that the fuccefs of
this doctrine was more to be feared than a fecond Spaniſh
invafion. Mr. Pym afferted, that regulations in religious
matters could no where ſo well be determined as in parlia-
ment; that the convocation had not fuch a power, becauſe
it was but a provincial fynod; that the high-commiffion
could not, becauſe it had its authority from parliament,
and the power of the derivative was inferior to that of
the original. Sir Francis Seymour obferved, that his ma-
jefty's name was uſed to ſtop proceedings againſt Papifts,
contrary to his public profeffions, nay, to his own procla-
mations, and inftructions to the judges. "Whatfoever,
added he, is done in the country is undone above.”
}
Calendar of BOTH Houſes agreed to petition the King for a faft* on
the Journals of
the Houfe of the deplorable fituation of the reformed churches. Their
Lords, MSS. cafes, fays the petition, we do with bleeding hearts com-
miferate. The King granted this requeſt, but in a man-
P. 264, ner that did not help to conciliate the affections of the
folio.
Parl. Hift.vol.
VIII.
& feq.
* At the keeping of this faft, three fermons were preached before
the Houfe. Part. Hift. vol. VIII. p. 310.
VHL.
*
* 14
}
par-
CHARLES I
35
parliament. The chiefeft motive of your petition, Ann. 1628.
faid he, being the deplorable ftate of the reformed
churches abroad, is but too true; and our duty, ſo much
as in us lieth, is to give them all poffible help. Yet cer-
tainly fighting * will do them more good than fafting;
and though I do not wholly difavow the latter, yet I
muft tell you that the cuſtom of fafting every feffion is
but lately begun; and I confeſs I am not ſatisfied with
the neceffity of it at this time: yet, to fhew you how
ſmoothly I defire your buſineſs to go on, efchewing as
much as I can queftions of jealoufies, I do willingly
grant your requeſts herein; but with this note, that I
expect that this fhall never hereafter be brought into a
precedent for frequent fafts, except upon great occafions;
and for the form and time, I will adviſe with my lords
the biſhops, and then fend a particular anſwer to both
Houfes."
A REPORT was made from the committee of religion,
that a remonftrance on that fubject had been com-
manded away by the King, for want of which the com-
mittee could not proceed. Secretary Cook returned this
remonftrance to the Houſe, with a meffage from the King
to the following purport: That he hoped they would
proceed with tonnage and poundage, and give prece-
dency to that buſineſs, to put an end to farther diſputes
between him and ſome of his fubjects. Sir Walter Earl
moved, that religion ſhould have the precedency of all
"But let no man miſtake me, ſaid he, as if
matters.
* The recent examples of the expeditions to the Iſle of Rhee and
Rochelle fhew that fighting, under the management and directions of
Charles and his miniſtry, had been of little ſervice to them.
F 2
I were
4
1
$
36
HISTORY OF ENGLAN D.
Ann. 1628, I were lefs fenfible of the violations of the fubjects li-
berties than any man elfe that fits here, whofoever. he
be. No, Mr. Speaker, I know full well that the cauſe
of juſtice is God's caufe, as well as the cauſe of religion.
But what good will thoſe rights and liberties do me or
any man elſe that refolves to live and die a Proteftant ?
Nay, what good will they do any man that refolves to
live and die a freeman, and not a flave; if Popery and
Arminianiſm, joining hand in hand, as they do, be a
means, together with the Romiſh hierarchy, to bring in
a Spaniſh tyranny among us? under which thoſe laws
and liberties muft of neceffity ceaſe.' The Houſe af-
fented to Sir Walter Earl's propofal; and moreover, on
a fpirited ſpeech of Sir John Elliot, in which he af-
firmed, that their faith and religion were in danger by
the late declaration publiſhed in the King's name *; they
""
* By the advice of Laud, the book of articles was re-printed and
publiſhed, with a prohibition prefixed to them, that no doctrine fhould
be taught that differed in the leaft from the faid articles. A declara-
tion that follows this prohibition is what Sir John Elliot alludes to.
The offenfive paffage is as follows: "That we are fupreme governors
of the church of England, and that if any difference ariſe about the
external policy, concerning injunctions, canons, or other conftitutions.
whatſoever thereunto belonging, the clergy in their convocation is to
order and fettle them, having firſt obtained leave under our hand and
feal fo to do; and we approving their faid ordinances and conftitutions,
providing that none be made contrary to the laws and customs of the.
land. That out of our princely care that the churchmen may do the
work which is proper unto them, the bishops and clergy from time to
time in convocation, upon their humble defire, fhall have licence un-
der our broad feal to deliberate. thereof, and to do all fuch things, as
being made plain by them, and affented to by us, fhall concern the
fettled continuance of the doctrine and diſcipline of the church of Eng-
land eſtabliſhed, from which we ſhall not endure any variation or part-
ing in the least degree."
From-
1
CHARLES I
37
1
Commons,
came to a refolution to make the following protefta- Ann. 1628.
tion *:"We, the Commons now in parliament affem- Journals of
bled, do claim, profeſs, and avow for truth, the fenfe vol.I. p. 924-
of the articles of religion which were eſtabliſhed in par-
liament in the reign of our late queen Elizabeth, which
by public act of the church of England, and by the
general and concurrent expofitions of the writers of our
church, have been delivered to us; and we do reject
the ſenſe of the Jefuits and Arminians wherein they dif
fer from us.' On a ſecond meffage from the King con- Crew's Pro-
cerning the precedency of tonnage and poundage, Sir ceedings of
Thomas Edmunds, the treaſurer of the houfhold, at- p. 41, & feq.
tempted to advance the buſineſs, and reproved the Com-
mons for their delay. He was ſharply anſwered by Mr.
Coriton; and the Houfe fent up a kind of apology to the
throne, in which they complained that there had been
"2
Commons,
"From this declaration, faid Sir John Elliot, we are in danger to be
ruined and overwhelmed. I befeech you mark, the ground of our re-
ligion is in the articles. If there be any difference of opinions con-
cerning the fenfe and interpretation of them, the bifhops and clergy in
convocation have a power admitted to them to do any thing which
fhall concern the continuance and maintenance of the truth profeffed;
which truth being contained in theſe articles, and theſe articles being
different in the ſenſe, if there be any diſpute about that, it is in them
to order which way they pleaſe; and, for aught I know, Popery and
Arminianifm may be a fenfe introduced by them, and then it muſt be
received." Heylin's Life of Laud, p. 188, & feq. Crew's Proceedings of
the House of Commons, P. 37.
* On biſhop Laud and Mountague's being mentioned in the Houſe
as the adviſers of this declaration, Sir Humphry May, a privy-counſel-
lor, faid, "That though theſe two men had been cenfured by the Com.
mons as Armenians, yet they had on their knees before the King and
council, with tears in their eyes, proteſted they hated theſe novelties."
Parl, Hift. vol. VIII. p. 279.
33
an
38
HISTORY OF ENGLAND.
:
F
ទេ
Ann. 1628. an irregularity, contrary to their privileges, in the bring-
ing in the bill of tonnage and poundage; that the fre-
quent interruptions the King's meffages occafioned, forced
them to ſpend time in framing apologies, which might
be more profitably employed in fervices of his majefty
and the commonwealth, a duty they had with all dili-
gence applied themſelves to; and having found that re-
ligion was threatened with extreme danger, they thought,
and ſtill continued to think, that they could not, with-
out impiety to God, difloyalty to his majefty, and un-
faithfulneſs to thofe for whom they were put in truft,
retard their proceedings on this point, till fomething was
done to fecure that which they preferred above their lives,
and all earthly things whatſoever.
CHARLES, in his anſwer to this apology, affirmed,
that he had a prerogative to recommend bills, but dif-
avowed Cook's offering that of tonnage and poundage
in his name: he infifted on the ridiculous argument,
that the Houfe of Commons were the aggreffors in the
quarrel between him and his fubjects, fince it was in
their power to put an end to the difpute, by giving him
a right to what he was now obliged to take by violence;
and preſſed the giving precedency to tonnage and poun-
Pail. Hift.vol. dage in preference to religion. Charles's difavowal ob-
liged the officious fecretary to make an aukward excuſe
to the Houſe. He confeffed, that he had faid his majefty
defired the bill, and that he required it in his majefty's
name; but that he had made uſe of thoſe expreſſions to
cut all diſputes ſhort. The ſpirited, judicious Sir John
Elliot did not fail to make an advantage of this incident.
"I find, faid he, his majefty's ears open; and if theſe
things
VIII. p. 277,
& feq.
CHARLES I.
39
*
things be thus as we fee, that then he is not rightly Ann. 1628.
counfelled. I am confident we ſhall render his majeſty
an account of what he expecteth. But, Sir, I apprehend
a difference between his majefty's expreffion and thoſe
of his minifters. Firſt, that bill was here tendered in his
majefty's name, and now we find that his majeſty dif
avows it. What wrong is this done to his majeſty and
this Houſe, to prefs things in his fovereign's name, to
the prejudice and diſtraction of us all! I think him not
worthy to fit in this Houſe." Sir John Finch, the ſpeaker,
interfered in favour of Cook. His infignificant charac-
ter preſerved him from any farther attack; and the de-
bates of the Commons turned on the King's declaration
concerning uniformity in the doctrine of the church.
Mr. Coriton faid, that it was to fupprefs the truth; and
that, to the grief of all good men, the profeſſors of Ar-
minianiſm had the preferments in the church. The
pardons which had been granted to Mountague, Sibthorp,
Manwaring, and Coufins *, were noticed in the Houſe
* Coufins had written a book for the fuppofed uſe of the counteſs of
Denbigh, the fifter of Buckingham. She was fufpected of being much
inclined to Popery. The book was intitled, "A collection of private
Devotion, or the Hours of Prayer." There were in it prayers for the
firſt, third, fixth, and ninth hours, as alfo for the vefpers and com-
pline, known by the name of canonical hours. On the frontispiece of
this book was the name of Jefus, figured in three capital letters [IHS]
with a croſs upon them, encircled with the fun fupported by two an-
gels, and two women praying towards it. This work was looked upon
as a preparatory to uſher in the fuperftitions of the church of Rome.
It was encountered by Prynne and Burton. Prynne charged it for be-
ing framed in general according to the horaries and primers of the
church of Rome. Prynne dedicated this charge to the parliament, who
cenfured Coufins as a churchman tainted with Popish opinions. Hey-
lin's Life of Laud, p. 173, & Leq.
with
68
HISTORY OF ENGLAND.
Ann. 1628. with great diſapprobation; and it was ordered, that a
fub committee ſhould have power to fend for the records
and privy-feal, and other incidents belonging to the par-
don; that they ſhould ſend to the parties, and queſtion
Mr. Attorney about his knowledge therein, and by whoſe
inſtigation they were obtained. Mr. Attorney fignified,
that a warrant was fent to him, under the King's hand,
to draw a pardon; that after he had drawn it, the bi-
ſhop of Wincheſter ſent to fee it, and interlined it; and
whereas he had drawn it but for one, Mountague * put
+
* The Houſe attempted to annul Mountague's confecration, on fome
irregularities in the manner of it. It was an ancient cuſtom, that the
election of all biſhops in the province of Canterbury was folemnly con-
firmed by the archbiſhop, or his vicar-general, in the court of the
arches held in St. Mary's church in Cheapfide. At and before this
confirmation, there was public notice given, that if any perfon knew
any thing to object against the party elected, or the legality of his
election, he ſhould come and tender his exceptions. This fignifica-
tion being made, as Mountague ftood ready to be confirmed, one
Jones, accompanied with many more, excepted againſt him, on ac-
count of the Popery, Arminianifm, and other heterodoxies, for which
his books had been condemned in parliament; and chiefly on account
of the cenfures of that court, which had rendered him incapable of
church-preferment. Brent, the vicar-general, had devolved his, office
for that time on Dr. Reeves, the King's advocate, who evaded the in-
tention, by proceeding with the confirmation on pretence that the ex-
ceptions were deficient in point of form; viz. Not figned by the
hand of an advocate, nor preſented-by any of the proctors authorized
to attend that court. This difficulty over, Mountague haftened to his
confecration, which was performed at Croydon, Laud and Neile affift-
ing at it.
On theſe grounds the Commons objected to the legality of Mounta-
gue's confecration: this they waved on a motion of Sir Henry Mar-
ten, who affirmed, that by the common law the proclamation ſhould
only be at the cathedral church of the dioceſe where the biſhop was to
be elected; and that the dean, chapter, and clergy, were the only per-
fons
+
{
}
I
CHARLES I
41
four în it; viz. himſelf, Coufins, Sibthorp, and Man-Ann. 1628.
waring. On this occafion, Oliver Cromwell, a member
of the Houſe, fhewed how very active the biſhop of Win-
chefter had been in the favour that had been fhewn to
Manwaring, and that he gave countenance to minifters.
who preached flat Popery.
Parl.Hift. vol.
VIII. p. 289-
vol. I. p. 928..
WHILST the Commons were on theſe matters of reli-
gion, an information was brought in from Mr. Rolls, Journals of
that fince his laft complaint of the breach of the liber- Commons,
ties of parliament, his warehouſe had been locked up
by one Maffey, a purfuivant; and that the day before
he had been called forth from the committee in the Ex--
chequer-chamber, and ferved with a fubpoena to appear
in the Star-chamber; but the attorney-general had fince
Crew's Pro-
fent him word that it was a miftake. The Houfe voted ceedings of
this a breach of their privileges. Skemington, the mef- Commons,
fenger that ferved the fubpoena, was fent for. Mr. Sel-
den obferved, that the ill-judged lenity they had hitherto
fhewn was the occafion of the late affront *.
The grie-
vances of the other merchants were now enquired into.
Sheriff Acton, who had behaved in a contemptuous man-
ner, was fent to the Tower. On this cafe, Mr. Selden
J
fons that could legally except.. Befides, added he, I conceive it is
plain, that the King and the law have power to deprive him of his bi-
ſhopric, if he deſerve the fame: therefore it were good to decline
this diſpute for the prefent, and to feek to remove him. Heylin's Life ·
of Laud, p. 185, & feq. Parl. Hift. vol. VIII. p. 285. Fuller's Church
Hift. p. 131, & feq.
* Mr. Selden reported from the committee appointed to examine this
matter, that the proceſs againſt Rolls was made out by warrant under
Mr. Attorney's own hand. Journals of the Commons, vol. I. p. 929.
the Houſe of
p. 67, & feq.
25
VOL. II.
G
faid,
}
{
"
*
}
42
HISTORY OF ENGLAND.
Ann. 1628. faid, he remembered when the Houſe committed both the
fheriffs of London to the Tower for an abufe of a lefs
nature; only for countenancing a ferjeant in an arreſt
on a member of parliament, though they did acknow-
ledge their faults at the bar, which this man had not
done.
1
*
THE Houſe next took into confideration a petition of
the bookfellers and printers, concerning their having been
purfuivanted for printing orthodox books; and that li-
cenfing of books was now reſtrained to the biſhop of Lon-
don and his chaplains. Mr. Selden moved, that a law
might be made to remedy this evil. He faid, that there
was no law in England to prevent the printing of any
book; and no other authority for fuch a refraint but a
decree of the Star-chamber. That a man in this cafe
fhould be fined, impriſoned, and have his goods taken
from him, was a great invaſion on the liberty of the ſub-
ject. Mr. Kirton obferved, that Coufins had caufed the
book of Common-Prayer to be newly printed, and had
changed the word Miniſter into the word Prieft; and had
put out, in another place, the word Elect*; that his lord-
ſhip the bishop of Wincheſter, though he had leaped
Journals of through many bithoprics †, yet he had left Popery be-
Commons, hind him in every one. A complaint was preferred
Parl. Hift.vol. againſt this prelate by one Dr. Moore, who reported that
III. p. 293. the biſhop had told him,
the biſhop had told him, that times were altered; that
vol. I. p. 930.
* A felect committee was ordered to take confideration of the dif-
ferences in the impreffion of the thirty-nine articles, eſtabliſhed by act
of parliament, 13 Eliz. Journals of the Commons, vol. I. p. 926.
+ Rochefter, Litchfield and Coventry, Lincoln.
he
1
+
43
CHARLES I.
1
J
he muft. not preach againſt Papifts now; that he, Moore, Ann. 1628.
had a brother that preached againſt bowing at the name
of Jefus, which he liked not; and that the communion-
table ſtood as in an alehouſe, but he would have them
fet as high altars..
VIII. p. 293×·
THE Houſe began to grow warm on this fubject of Parl.Hift.vol.
religious grievance : "If we ſpeak not now, faid Sir & feq.
Walter Earl, we may for ever after hold our peace; when,
befides the Queen's mafs, there are two other maffes daily
in the Queen's court; fo that it is grown common in dif-
courfe, Will you go to mafs? or, Have you been at maſs
in Somerſet-Houfe? there coming five hundred at a time
from maſs. I defire it may be known by what warrant
the Jefuits, lately in Newgate, were releaſed?" Mr. Co,
riton moved, that the King's late declaration might be
•taken into ſerious confideration. Sir Richard Groſvenor,
after having related the proceedings againſt Popery laſt
feffion, with the King's feveral promiſes on that head,
fhewed, that all the evils then complained of were not
leffened but increaſed. "To theſe griefs and diſcou-
ragements, added he, I find an addition of that nature
that threatens the very ruin and defolation of us all:
This is the countenancing and preferring of a plotting,
undermining, and dangerous fect of upftart divines. You
remember, Mr. Speaker, what care and pains this Houſe
took (as a matter of great confequence) to frame a
charge againſt Mountague; yet was this man fhortly
after the ending of the feffions, dignified with the fa-
cred title of a biſhop; and biſhop of that fee wherein
his predeceffor* (a grave and orthodox prelate) had la- * Carleton. -
boured, bath by his pen and doctrine, to ftrangle thoſe
G₂
G 2.
errors
{
HISTORY OF ENGLAND.
44
+
A
Ann. 1628. · errors and confute Mountague. Another alfo of his own
profeffion, little better than himſelf, I mean time-pleaſ
ing Manwaring, hath alfo tafted extraordinary favour.
This man attempted to make his holy function a means
to ſeduce the King's confcience, to miſguide his judg-
ment, to disjoint his affection from his people, to avert
his mind from calling of parliaments: the particulars
of his damned doctrine are yet freſh in our memory.
They that go about thus to feduce and corrupt a prince
deferve to be hated of all men, as much as thofe that
attempt to poiſon a public fpring or fountain, of which
all drink. For this offence he received a juft but mode-
rate cenfure. One particular was, that he ſhould be dif
abled for ever from holding any ecclefiaftical dignity in
the church: Yet was this man, immediately after our
rifing, releafed from his impriſonment, obtained his par-
don in folio; was preferred to a rich living, and (if főme
fay true) cherisheth affured hopes of dignity in the church.
If theſe be ſteps to ecclefiaftical preferments, God be mer-
ciful to thoſe churches that fall under the government
and feeding of fuch a clergy."
1
SIR Robert Philips faid, that the increaſe of Papiſts
was by connivance from perfons in authority; that nine
hundred and forty of Engliſh, Scots, and Iriſh Papifts,
were maintained in the Netherlands by their brethren in
England.
An order paſſed, that all members of the Houſe who
had any letters, or copies of letters, written for ftay of
proſecution for proceeding againſt Papiſts, ſhould bring
them into the fub-committee for religion. Mr. Coriton
moved,
+
1
CHARLES I.
45
Journals of
moved, that they fhould, by fome law or act of ftate, Ann. 1628.
remove from their offices thoſe Papifts which they had the Commons,
vol. I. p. 932.
juſt cauſe to fufpect. On a motion of Mr. Selden's, the
Houfe went on an enquiry concerning an undue releaſe
of fome Jefuits that had been arraigned at Newgate, and
had formed themſelves into a fociety at Clerkenwell. In
this cafe, fecretary Cook; who, though an arrant court-
tool, feems to have been very averfe to the profeffors of
Popery, gave a detail of theſe Jeſuits, that inflamed the
refentment of the Houfe on account of the favour which
had been fhewn them. In the courſe of this enquiry,
the attorney-general, the earl of Dorfet, and the lord-
>
$
chief-juftice of the Common-Pleas*, fell under fevere Richardſon.
cenfures.
<6
NOTWITHSTANDING the warmth of theſe debates on
religious grievances, the Commons did not forget the
important point of privilege, and the illegal violence
which had been uſed in exacting tonnage and poun-
dage. At a grand committee on this queſtion, Mr. Co-
riton moved, that the goods which had been taken from
the merchants, fhould be reftored to them before they
went upon that bill. Kings, faid he, ought not, by
the laws of God, to oppreſs their fubjects. I know we
have a good King, and this is the advice of his wicked
miniſters; but there is nothing can be more diſhonoura-
ble to him." Mr. Waller obferved, that there was not
fewer than five hundred merchants threatened in this
dealing. Mr. Noy faid, that they could not fafely give,
unleſs they had poffeffion, the proceedings in the Exche-
quer nullified, alfo the informations in the Star-chamber,
and the annexations to the Petition of Right. " I will
not
}
HISTORY OF ENGLAND,
46
1
Ann. 1628.
}
Journals of
the Commons,
added he, unleſs thefe in-
That the King hath no
*
not give my voice to this bill,
terruptions be declared in it.
right but by our free gift: If it will not be accepted as
it is fit for us to give it, we cannot help it. If it be the
King's already, as by their new records it feemeth to be;
we need not give it." Mr. Selden feconded a motion of'
fending a meſſage to the Exchequer. He mentioned a
precedent of a meffage fent into the Chancery for a ſtay
of proceedings, and that the meffage was obeyed. "What
anfwer foever the judges return, adds he, it cannot pre-
judice us the law fpeaks by the records; and if theſe
records remain, they will to pofterity preferve the law."
"For the point of right, faid Mr. Littleton, there is no,
lawyer fo ignorant to conceive it, nor judge of the land
to affirm it: I am againft giving to the King, or going.
on with the bill. In this cafe, by the law, a man can-
not be put to a petition of right, but fhall recover with-
out petition." "The merchants, faid Sir John Elliot, are
not only kept from their goods by the cuftomers, but by
a pretended juftice. I conceive, if the judges of that cours
of Exchequer had their underftandings enlightened of
their error by this Houfe, they would reform the fame,
and the merchants thereby come by their goods." The
refult of the debate was a meffage fent to the court of Ex-
chequer, requiring them to make void their orders and.
affidavits in the buſineſs of the merchants,
1
*
1
་
ON a motion of Sir John Elliot, concerning the pri
vol. 1. p. 929. vilege of merchants, the Houſe paffed an order that a
man having a plaint depending there, he ſhould be pri
vileged in his perſon, though not freed from fuits; and,
that an intimation ſhould be given the lord-keeper, that
no
{
47
CHARLE E S S L
1
ceedings of
the Houfe of,
no attachment fhould go forth against the merchants *, Ann. 1628.
during the privilege granted them in parliament. The
barons of the Exchequer returned an anfwer, in which Crew's Pro-
they infifted that their proceedings had been regular ; Commons,
that they did not determine, nor any ways trench upon, p. 96, & feq.
the right of tonnage and poundage; that they had de-
clared the fame openly in the court at the making of
thoſe orders; that they had not, by the fame orders and
injunctions, barred the owners of the faid goods to fue
for the fame in a lawful courfe; but that writs or plaints
of replevin was no lawful action or courſe in the King's
cauſe, nor agreeable to the prerogative †. On the
On the report
of this meffage, the Houſe came to a refolution to fend
for Sir John Wolftenholme, Daws, and Carmarthen, the
three farmers of the cuftoms, to their bar.
formed them, that the King, a few days before, had or-
dered him to make no other anſwer but that the goods
were taken for fuch duties as were due in king James's
time. Sir John Wolffenholme pleaded the fame com-
mand; but moreover faid, that he fought not to farm
the cuſtoms; and had told the King, being fent for,
that he was not willing to deal therein, until the par-
liament had granted it. The other two acknowledged
the feizing the goods, though they knew that Rolls was
their bar.
Daws in-
Parl. Hift.vol.
VIII. p. 310,
& feq.
An information had been prefented againſt Mr. Chambers for re-
fuſing to pay tonnage and poundage, while his petition of relief was
lodged in parliament. Journals of the Commons, vol. I. p. 931.
+ Oldmixon makes a very apt remark on this anfwer of the barons
of the Exchequer ; "That the merchants had been impriſoned and
plundered for refufing to pay a tax which the judges durft not deter-
mine they ought to pay." Oldmixon's Hift. of the Stewarts, fol. ed.
1730, p. 104.
7
}
t
a par-
1
48
HISTORY OF ENGLAND.
}
4
Ann. 1628.
{
+
a parliament-man. They all three faid, that they did not
conceive any privilege of the parliament to lie againſt the
King* in that cafe.
ई
Y
3
THE Houſe foon put the King's name out of the quef
tion, and fell into a high debate concerning their privi
leges. Mr. Littleton argued, that all privileges were al-
lowed for the benefit of the commonwealth; that the
parliament's privilege was above any other, and the par
liament could only decide on the privilege of parlia-
Parl.Hift.vol. ment, not any other judge or court; that there was a
VIII. p. 313. law that made it high-treaſon to kill a parliament-man ;
and that all privilege was good, unleſs in cafes of high
treaſon, felony, or breach of the peace. Sir John Elliot.
declared, that the commonwealth received life from the
privileges of the Houſe of Commons.
It was refolved on the queftion, that Mr. Rolls ſhould
have privilege of parliament for his goods feized the
* On the examination of the customers, the King's warrant was.
read in the Houfe." Whereas the lords of the council, taking into
confideration our revenue, and finding that tonnage and poundage is
a principal revenue of our crown, and hath been many ages, have
therefore ordered, &c. Know ye that we, by the advice of the lords.
of our council, do declare our will hereby, that all thoſe duties be le-
vied and collected as they were in the time of our faid father, and in
fuch manner as we ſhall appoint. And if any perſon refuſe to pay,
then our will is, that the lords of the council, and the treafturer, fhall.
commit to prifon fuch fo refufing, until they conform themſelves. And
we give full power to all our officers to receive, levy, and collect; and
we command our barons and officers from time to time to give all af-
fiftance to the farmers of the fame, as fully as when they were collected
by authority of parliaments."
4
thirtieth
1
CHARLES
49
ĽI.
.
Journals of
vol. I. p. 932.
thirtieth of October *. When they were going to pro- Ann. 1628.
ceed on the delinquency of the farmers of the cuſtoms, Commons,
they were interrupted by fecretary Cook, who told them
from the King, that what had been done by his farmers
and officers of the cuſtoms had been done by his own
direction and commandment; and therefore he could not
in this fever the act of his officers from his own act;
neither could his officers fuffer for it, without high diſho-
nour to majeſty.
THIS meffage was received with fuch indignation,
that the Commons, with almoft a general voice, cried
out, “ Adjourn,
Adjourn, adjourn." On their re-meeting, on the
twenty-fifth of February, after reading certain articles + H. L. p. 15..
* When the queftion of privilege was argued, an order paffed the
Houſe, that no member ſhould go out of town without leave, and every
member after nine o'clock. fhould attend. Journals of the Commons,
vol. I. p. 929.
Hift. of
Among theſe articles were the following ones; viz. Erecting of
altars; changing the ufual and preſcribed manner of placing the com-
munion tablé, and fetting it at the upper end of the chancel, north
and fouth, in imitation of the high altars, adorning it with candle-
fticks, making obeifance by bowing to it; commanding men to ftand
up at Gloria Patri; bringing men to queftion and trouble for not obey-
ing that command, for which there is no authority; enjoining that no
women be churched without a veil; fetting up of pictures, lights, and
images in churches; praying towards the Eaft; croffing at Omnem mo-
tum & geftum; the fuppreffing and reftraints of the orthodox doctrine
contained in the articles of religion, confirmed 13 Eliz.; publiſhing
books, and preaching fermons, contrary to the former orthodox doc-
trine; the preferring thofe that are known to be unfound in religion,
inſtance, Mr. Mountague made bishop of Chicheſter; the late bishop
of Carliſle advanced to the bishopric of Norwich; a known Arminian
made biſhop of Ely; the bishop of Oxford, a long-fufpected Papist,
advanced to the biſhopric of Durham; Mr. Couſins advanced to dig-
VOL, II.
nity
}
H.
ร
Charles, by
•
1
50
HISTORY OF ENGLAND.
Ann. 1628. concerning the dangers of Popery and Arminianifm, they
were farther adjourned, by the King's command, till the
fecond of March.
Crew's Pro-
ceedings and
theCommons,
મ
恳
​+
On this day, Sir John Elliot, after prayers were end-
Debates of ed, addreffed the Houſe in the following manner: "The
p. 145, & feq. misfortunes we fuffer are many: Arminianiſm under-
mines us; Popery comes in upon us. They maſk not
in ftrange difguifes, but expoſe themſelves to the view
of the world. In the fearch of theſe, we have fixed
our eyes not on the actors, the Jefuits and priests, but
upon their maſters, thoſe that are in authority: thence
it cometh we fuffer; the fear of thefe makes our inter-
ruptions. You have fome prelates that are their abet-
tors; the great biſhop of Wincheſter, we know what
nity and a great living; Dr. Wren made dean of Windfor, and one of
the High-commiffion court. Parl. Hiſt. vol. VIII. p. 319, & feq.:
Dr. Wren was one of the chaplains whom James fent into Spain to
his fon, as a man whofe principles did not differ widely from the ce-
remonies of the Romish worship. The following curious articles are
among the inſtructions that were given him relative to his office: That
the room appointed for prayers fhould be adorned chapel-wife with an
altar, fonts, palls, linen-coverings, demy-carpet, candleftics, tapers,
chalices, pattens, a fine towel for the prince, other towels, for the
houfhold, a traverſe of water for the communion, a bafon and flaggon,
two copes; that every one be uncovered at prayer, kneeling at due
times, ſtanding up at the name of Jefus; that the communion be ce-
lebrated in due form, with an oblation of every communicant, and ad-
mixing water with the wine; the communion to be as often used as it
fhall pleaſe the prince to fet down; fmooth-wafers to be uſed for the
bread; that they carry the articles of our religion in many copies, the
books of Common-Prayer in feveral languages, ftore of English fer-
vice-books, the King's own, works in Engliſh and Latin. Heylin's Life
of Laud, p. 106.
P
3
he
CHARLES I.
5 I
he hath done to favour them.
ས
This fear extends to fome Ann. 1628.
others; the lord-treafurer, in whofe perfon all evil is
contracted, both for the innovation of our religion, and
invafion of our liberties: He is a great enemy of the
commonwealth. I have traced him in all his actions,
and I find him building on thofe grounds laid by his
mafter, the great duke: He fecretly is moving for this.
interruption. And from this fear they go about to
break parliaments, left parliaments fhould break them.
I find him the head of all that party, the Papifts; and
all the Jefuits and priests derive from him their ſhelter
and protection. And I proteft, as I am a gentleman, if
my fortune fhall be ever again to meet in this ho-
nourable affembly, where I now leave I fhall begin
again."
On this speech of Sir John Elliot, the fpeaker, fearing
that the Houſe would come to ſome ſpirited reſolution,
delivered from his chair a meffage from the King to ad-
journ till the Tueſday fevennight. Notwithſtanding this
interruption, Sir John Elliot offered a remonftrance on
tonnage and poundage *.
poundage *. The popular members object-
* This remonstrance, after fhewing the illegality of taking tonnage
and, poundage without grant of parliament, ends in the following man-
ner:
"And therefore moft humbly beseech your majeſty to forbear
any farther receiving the fame; and not to take it in ill part from
thofe of your majeſty's loving ſubjects who ſhall refuſe to make pay-
ment of any fuch charges, without warrant of law demanded; and as
by this forbearance your moſt excellent majeſty ſhall manifeft unto the
world your royal juftice in the obfervation of your laws, fo they doubt:
not but hereafter, at the time appointed for their coming again, they
fhall have occafion to exprefs their great defire to advance your majeſty's
honour and profit." Parl. Hift. vol. VIII. p. 330.
H. 2.
ed,,
!
T
52
HISTORY OF ENGLAND.
Ann. 1628.
Of Kent.
(
ed, that it was not the office of the fpeaker to deliver
any fuch command; that the adjournment of the Houſe
properly belonged to the Houſe itſelf*; and after they
had fettled fome things they thought convenient to be
Spoken of, they would fatisfy the King. The remon-
ftrance on tonnage and poundage was again offered to
be put to the queſtion; but the ſpeaker refuſed, faying,
he was commanded otherwiſe by the King. This drew
a fharp reprimand from Mr. Selden. Sir John Finch,
trembling, replied, that he had an exprefs command
from the King, fo foon as he had delivered his meffage
to riſe.
On this he left his chair, but was drawn to it
again by Mr. Hollis, fon to the earl of Clare, and Mr.
Valentine. Sir Thomas Edmunds, and other creatures
of the court, endeavoured to free the ſpeaker; the po-
pular party kept him in the chair, and Mr. Hollis fwore
he ſhould fit ftill till it pleaſed the Houſe to riſe.
not fay I will not, fays the ſpeaker, fobbing; I dare not.
Do not command my ruin. I dare not fin againſt the
command of my fovereign." Mr. Selden, with many
Atrong arguments, endeavoured to roufe a fenfe of virtue
in him; but he ftill refufed, though with extremity of
weeping and fupplicatory orations, to proceed on his duty.
Sir Peter Hayman, a countryman and relation of his,
told him, that he was forry he was his kinfman; that
he was the diſgrace of his country; and a blot to his
family; that all the inconveniencies that fhould follow
"I do
* The 12 and 18 Jac. the Houfe refolved, that it was in their power
to adjourn or fit. Sir Edward Coke faid, the King makes a proroga-
tion, the Houfe adjourns itſelf. A commiffion of adjournment the
Houſe never read; but fay, the Houfe adjourns itſelf.
1
(yea,
1
CHARLES I.
5.3
(yea, their deftruction) fhould be derived to pofterity as Ann, 1628.
the iffue of his bafenefs; that he would be remembered
with fcorn and difdain; that ſince he could not be per-
fuaded to do his duty, he thought fit he fhould be called
to the bar, and a new fpeaker chofen. Neither council,
entreaty, nor threats prevailing, Mr. Hollis was required Crew's Pro-
ceedings of
to read the following articles, as the proteftation of the Commons,
P. 157, & feq.
houfe; viz. *
of the Com-
mons.
"FIRST, Whofoever fhall bring in innovation in re- Proteftation
ligion, or by favour ſeek to extend or introduce Popery
and Arminianiſm, or other opinions difagreeing from the
true and orthodox church, ſhall be reputed a capital
enemy to this kingdom and commonwealth. Secondly,
Whofoever ſhall counſel or adviſe the taking and levying
of the fubfidies of tonnage and poundage, not being
granted by parliament, or fhall be an actor or inftru-
ment therein, fhall be likewife reputed an innovator in
the government, and a capital enemy to this kingdom
and commonwealth. Thirdly, If any merchant, or
other perfon whatſoever, fhall voluntarily yield or pay
the faid fubfidies of tonnage and poundage, not being
granted by parliament, he fhall likewiſe be reputed a
betrayer of the liberty of England, and an enemy to
the fame."
ER the paffing of theſe proteftations, the Houſe roſe†.
* The clerk, after the example of the fpeaker, refuſed to read the
articles, though he was commanded to read them by the Houſe. Parl.
Hiſt. vol. VIII. p. 327.
On the clofe of every one of theſe proteftations the Houſe gave a
loud applaufe. Saunderson, p. 131. Parl. Hift. vol. VIII. p. 332.
¿
THE
54
HISTORY OF ENGLA N D.
Ľ
Ann. 1628.
THE King having heard that they had continued to
fit, notwithſtanding his command for the adjournment,
fent a meffenger for the ferjeant with his mace: The
Houſe ſtayed the ferjeant, locked the door, and depofited
the key in the hands of one of their members. Not
only this meſſenger, but Maxwell, the ufher of the black
rod, having been denied entrance, Charles grew into a
rage, and directed the captain of the penfioners and
guards to force the door. The miſchief that this in-
tended violence might have occafioned, was prevented by
the fudden rifing of the Houfe, which was adjourned to
the tenth of March. In the intermediate ſpace, Denzil
Hollis, Efq; Sir Miles Hobart, Sir John Elliot, Sir Peter
Hayman, John Selden, William Coriton, Walter Long,
William Stroude, and Benjamin Valentine, Efqrs; were
ordered to appear before the council. Mr. Hollis, Sir John
Elliot, Mr. Coriton, and Mr. Valentine, attended; but re-
Impriſonment fufing to anſwer out of parliament, they were committed
members. cloſe priſoners to the Tower. Warrants were at the ſame
Rym. Fœd. time iffued for apprehending the reft, and for fealing up
their ftudies *
3 March.
of ſeveral
vol. XIX.
P. 64.
:
* The following are the interrogatories and anſwers that paffed on
this occafion at the council-board.
Mr. Hollis was aſked, why he, contrary to his former uſe, did that,
morning that the tumult was in the lower Houſe of Parliament, place
himſelf above divers of the privy-counſellors by the chair? Han-
fwered, that he at fome other times as well as then feated himself in
that place; and as for his fitting above the privy-counſellors, he took
it to be his due in any place whatſoever, unleſs at the council-board ;
that he came into the Houfe with zeal to do his majefty fervice; yet
finding his majefty was now offended with him, he humbly defired,
that he might rather be the fubject of his mercy than his power. You
meant
4:
C
55
HÁRÍEŚ
I.
Journale of
On the tenth of March, the King came to the Houfe Ann. 1628.
of Lords, where, without the ceremony of calling the Lords, MSS.
mean rather of his majeſty's mercy than his juftice, anſwered the lord-
treaſurer. I fay, of his majefty's power, replied Mr. Hollis.
Sir John Elliot was queftioned, whether he had not ſpoken fuch and
fuch words in the lower Houfe of Parliament? and fhewed unto the faid
Houfe fuch and fuch a paper? He anſwered, that whatſoever was faid
or done by him in that place, and at that time, was performed by him
as a public man, and a member of that Houſe, that he was, and always
would be, ready to give an account of his fayings and doings in that
place, whenfoever he ſhould be called unto it by that Houſe; where,
as he took it, he was only to be queſtioned.
Sir Miles Hobart being interrogated concerning his demeanour in the
lower Houſe of Parliament, and for fhutting the door; anfwered, that
he defired to know by what warrant he was examined to give an ac-
count in that place of his actions in parliament, being a member. He
believed it was a courfe without a precedent. That no council nor
commiffion could take notice of any thing done in parliament, but a
parliament itſelf. Nevertheless, he would not stick to confefs, that it
was he that ſhut the door that day, and when he had locked the door,
he put the key in his pocket, and he did it becauſe the Houſe de-'
manded it.
Sir Peter Hayman was aſked, why he reproved the ſpeaker fo fharp-
ly? He answered, becauſe he was the fpeaker, and fo the fervant of
the Houſe, and one that ought to have applied himſelf to the command
of the Houſe; he did it with the more freedom and deteftation, becauſe
he was his countryman; but yet fhould have done it to any other man,
that in the fame kind ſhould have deferved it as he did. On being far-
ther demanded, what he would have done himſelf on being ſpeaker, and
commanded by the King to deliver fuch a meffage to the Houſe? he an-
fwered, he would have thrown himſelf at his majeſty's feet, and having
given his majeſty to underſtand that, in refpect of his office, he was the
moſt improper and unfit perfon of any to deliver fuch a meffage, he
would have moſt humbly fupplicated his majefty to have elected fome
other to have performed that part. Parl. Hift. vol. VIII. p. 354, & feq.
The parliament was not diffolved when theſe members were commit-
ted prifoners to the Tower. Rushworth.
Commons
}
56.
HISTORY OF ENGLAND.
1
Diffolution of
the parlia-
ment.
Ann, 1628. Commons to the bar, he diffolved the parliament * In
the ſpeech he made on this occafion, he called the
party
in the oppofition vipers; beſtowed great praiſes on his
own adherents, and particularly on the House of Lords;
whom he commended for a dutiful demeanour. Indeed,
the behaviour of this body had been fo pacific and in-
offenfive, that in the whole courfe of this feffions, dur-
ing the fpirited exertions of the Commons, their pro-.
ceedings had been wholly confined to the framing a pe-
tition, concerning the old grievances of precedency to
Scotch and Iriſh titles. This, they alleged, tended not.
only to the differvice and prejudice of his majesty, but
Parl.Hift.vol. his realms. Charles fent a civil denial to the petition
and theſe important pretenfions continued yet undeter-
mined.
VIII. p. 250,
& feq.
Journals of
Lords.
AMONGST the animated meafüres of the lower Houfe›
that dignify the proceedings of this feffions, the warm
debates which the Commons had entered into on thoſe.
innovations in the doctrines and forms of religion which
had been introduced by Laud, Neile, Manwaring, and
other bigoted priefts, has been ſeverely cenfured by fen--
fible and candid writers.
HAD this circumftance been examined with that ac-.
curacy which the importance of it demands, theſe active
patriots, who, to ferve the best purpoſes, metamorphofed
themſelves into meer gownmen, would not only have.
* No acts paffed this feffions. A bill to enlarge the liberty of hear-
ing the word of God was among thoſe that went through the lower:
Houſe.
been
1
1
CHARLES I.
57
been juftified from acting on the narrow principles of Ann. 1628,
religious bigotry, but would, from this exertion of their
theological talents, appear poffeffed of an effential qua-
lification neceffary to form able legiſlators. Superftition,
that weakneſs infeparable from the mind of man, has,
from the first period of recorded time, been the quality
the moſt fatally inftrumental in degrading his nature to
an abject, yet willing dependence, on the creature of his
own rank; and overturning divine and moral law, has
fixed an acknowledged inferiority where God has marked
equality. Every eſtabliſhed form of worſhip has, for
theſe reaſons, been fubordinate to the purpoſes of policy;-
and the engine religion been ufed with never-failing
fuccefs to enslave the many to the few, and to fix on the
firm bafis of confcience, tyrannies irreconcileable to the
wiſdom of God, the dignity of human nature, and the
welfare of mankind. Modes of faith powerfully ope-
rate on eyery government; and the ecclefiaftical conftitu-
tion of a country has an irrefiftible influence on the
political. We must confider, therefore, theſe illuftrious
patriots as combating errors, which, however trivial they
may appear on a flight view, yet carried with them
alarming confequences to Liberty. The effential points
of faith in Arminianiſm or Puritaniſm had in them no-
thing repugnant to the freedom of the Engliſh conftitu-
tion; but the followers of the former were ftudiouſly
` bent to exalt the power of churchmen, and were wedded
to thoſe forms and ceremonies that degrade the pure fpi-
rit of religion into an idolatrous worfhip of the objects
of fenfe; and convert that contemplation of the Creator,
which elevates, refines, and enlarges the human mind,
into an implicit fubjection to the interefted opinions of
VOL. II.
I
men.
[
!
1.
58
Ann. 1628. men.
HISTORY OF ENGLAND.
•
In theſe reſpects, the innovations which the Ar-
minians were daily making in the religious worſhip,
was a proper object of parliamentary enquiry; and the
diſcipline of the church was in its confequences too im-
portant to be trufted to the direction of a prince who
had, like Charles, evidently manifeſted an inclination to
exalt the fovereignty, not only beyond the fpirit, but
the forms of the conftitution. In the firſt progrefs of
the reformation, thofe monarchies that had adopted the
ſpeculative doctrine of the reformed churches, retained
a great deal of that pomp of worſhip effential to the
Popiſh fuperftition, and agreeable to the pampered fenfes
of princes: neither had they relinquiſhed ſubordination,
nor that ecclefiaftical fervitude, that refignation of pri-
vate judgment, which is fo favourable to civil tyranny.
This was the ftate of church-government in England
after the Reformation had taken place; and, as I have
elſewhere obferved, it ftrengthened the tyranny of the
crown, by flinging into the ſcale of regal power that ab-
folute and unlimited jurifdiction which had been wreſted
from the biſhop of Rome.
THOSE refugees who had taken fhelter in the Low-
Countries from the terror of Mary's perfecuting fpirit,
brought with them, on their return to England at the
acceffion of Elizabeth, more enlarged and independent
notions than were agreeable to the views of this arbi-
trary princeſs; and fhe made uſe of that confidence the
Proteftants placed in her, and their fears of Popery, to
erect anew the court of High-commiffion. In the thirty-
fifth year of her reign, fhe fo entirely maſtered a pufil-
lanimous parliament, as to get an act paffed, that all
6
per-
!
CHARLES
59
I.
า
perfons above the age of fixteen, who were abſent from Ann. 1628.
church a month, or who by word or writing declared
their fentiments against the eſtabliſhed religion, fhould
be impriſoned till they made an open declaration of their
conformity. This if they refuſed during three months,
they were to abjure the realm; and if they either re-
fufed fuch abjurations, or ftayed in England beyond the
time limited, they were to fuffer as felons, without be-
nefit of clergy. Thus fhe involved the Romaniſts and
the Diffenters under the title of Recufants.
THE natural good ſenſe of the people of England,
ftrengthened by an increaſe of knowledge, could not
long languifh under this diabolical tyranny, without
feeking a remedy from the powers of the conſtitution :
And in James's firft parliament, the lower Houſe paffed
a bill againſt the eſtabliſhment of any ecclefiaftical ca-
nons without confent of Lords and Commons. The
higher Houfe, more open to James's cajolements,
rejected the bill. Notwithſtanding this difcourage-
ment, the active vigilant fpirit of the Commons exert-
ed itſelf during the reign of this prince in fuch a vi-
gorous oppofition to the fpiritual jurifdiction of the
crown, that this exertion, with the mild conduct of Ab-
bot, and feveral other rational and amiable prelates, en-
abled men openly to affert the natural right of exercif
ing their reafon. The literary diſputes this occafioned,
brought over great numbers to the caufe of freedom.
Charles and his priesthood endeavoured to reſtrain the
fubjects in that liberty they had exercifed during the
reign of James, and demanded a rigid conformity to
ceremonies which had been long laid afide, and which
I 2
were
бо
HISTORY OF ENGLAND.
1
Ann. 1628.
were at this time peculiarly obnoxious to the religious
opinions of the greateſt part of the nation.
Ir was to theſe pretences that the Commons in this
feffions of parliament oppoſed themſelves with the joint
force of reafon and eloquence; and fhewed that the ec-
clefiaftical authority Charles claimed, the ufe of which
he had already given a difagreeable fpecimen of, had
been all granted by parliament; that it muſt be fubor-
dinate to the power that created it, and the abuſe of it
liable to be corrected, and farther, limited, by the after-
reſolutions of that affembly *. The contempt which the
abettors of tyranny affected to fhew for the Houſe of
Commons, had irritated this illuftrious affèmbly, in fe-
veral inſtances, into an undue exertion of their authority.
* The Commons in this feffions declared, that the articles of Lam-
beth were the prefent eſtabliſhed doctrine of the church of England.
Theſe were fettled by the archbishop of Canterbury, and other biſhops
and divines, affembled at Lambeth in 1595, on the following occafion.
Calvin's opinions of predeftination, grace, and perfeverance, were then
received as the only true orthodox doctrine, and fo maintained in the
ſchools of Cambridge, till Peter Baro, a Frenchman, taught in his pub-
lic lectures a contrary perfuafion. He was complained of by the heads
of the univerſity unto Whitgift, the archbishop of Canterbury. He,
affembling at Lambeth with Fletcher biſhop of London, and Vaughan
elect of Bangor, agreed on nine articles to be fent to Cambridge to
compofe the controverfies. Matthew Hutton archbiſhop of York after-
wards affented to theſe articles; but the jealous, tenacious Elizabeth
was fo offended with the prelates for not calling in her authority, that
fhe threatened to attaint them all of a premunire; and commanded
Whitgift to call in and fupprefs the articles. They were produced by
Dr. Reynolds in the conference at Hampton Court, who ftiled them the
Nine Affertions Orthodoxall. Sanderson's Life of Charles, p. 128, & feq.
Heylin's Life of Laud, p. 204, & feq.
They
1
+
J
CHARLES A
6&I
I
They cenfured Lewis, Witherington, and one Burgefs, a Ann. 1528
prieſt, for trifling verbal offences *.
;
vol. I. p. 924.
Parl. Hift.vol.
VIII. p. 300..
SIR John Eppelley, a member of the Commons, defired
leave to anfwer a complaint againft him in the higher
Houſe. Mr. Selden objected, that ſuch a conceffion would Journ. Com.
affect the privilege of the Commons; that until the 18
of king James there never had been ſuch a precedent †.
The chancellor of the duchy and ſecretary Cook, though
two confummate courtiers, feconded Mr. Selden's motion.
Secretary Cook faid, "I am as careful to maintain a
good correſpondency with the Lords as any man; but
connivancy in this kind may overthrow the fundamental
rights and privileges of the. Houſe: Let it therefore be
feriously confidered of; for this not only concerneth the
right of this Houfe, but the liberty of the whole com-
monwealth." The refult of the debate was, that Sir:
John Eppefley fhould not have leave to anſwer.
A
THE Commons took into confideration a petition.
againſt lord Lambert, a member of their Houfe; who
being a colonel, had impofed four-pence on every foldier
く
​* Theſe kind of offences are feldom proved by undoubted teſtimo-
ny; and, if they are in themſelves criminal, are little formidable to
juſt authority and upright government; fince the multitude will be
determined in favour of that which contributes to their own happineſs,
and not biaffed by the petulant opinions of a few prejudiced or ill-
meaning citizens. There is not a more certain mark of an ill-defign-
ing or impotent adminiſtration, than attempts to reftrain the liberty of
fpeaking or writing. Virtue in high places is fure to gain the univerfal
plaudit of mankind.
The cafe that Mr Selden refers to is the trial of Sir Giles Mom-
peſſon, a member of the Commons roufe,
towards
62
OF ENGLAND.
HISTORY
~
Ann. 1628. towards his officers' charges. The petitioner refufing to
pay, was firſt ſet in the ftocks, and after, by the lord Lam-
bert, committed to a public prifon. Amongst the num-
ber of complaints that were brought before the Commons
this feffions, one was preferred againſt the lord-deputy of
Journals of Ireland and others, for appropriating the eſtate of the pe-
titioner to their own ufes *
the Commons,
vol. I. p. 931.
•
* The following black tranſaction will ferve as a fpecimen of the
kind of barbarity and injuſtice practiſed at this time in the kingdom
of Ireland. Sir Richard Graham, an officer in the army, got poffef-
ſion of part of the lands of Phelim Mac Pheagh Byrne, lord of the
Byrne's territory. On commiffioners having been appointed by James
to examine into this affair, Graham put a stop to their proceedings by
undertaking to prove, that the crown was entitled to the lands; and a
commiffion was eaſily obtained, that empowered him, and others in
his intereft, to enquire into the faid pretended title. Sir William Par-
fons got the lord-deputy's warrant to put him in poffeffion of part of
the lands, and fued Bryan, the fon of Phelim, in the Exchequer for thoſe
of which he ftill retained the poffeffion. Bryan maintaining his right,
he and his brother, on the information of. fuborned witneffes, were,
on March 13, 1623, committed clofe priſoners to Dublin-caſtle. One
of theſe having refuſed to be an evidence, was cruelly tortured till
he confented to accuſe the two brothers. On the information of theſe
witneffes, two bills were preferred againſt them. Two feveral grand-
juries, not finding the bills, were profecuted in the Star-chamber, and
fined. On king Charles's fending an order to the lord-deputy to paſs
the lands to Phelim and his fon, a new profecution was fet on foot.
The two brothers were committed cloſe prifoners to the Caſtle of Dub-
lin, loaded with irons, without any diet from the crown, or leave for
any friend to vifit and relieve them. The whole family was involved
in one common accufation of keeping company with, and relieving Mar-
rogh Baccogh Kevenagh, who had been engaged in a rebellion. Eight
men, who had incurred the penalty of the law, were the witneffes. A
grand-jury, conſiſting of men intereſted in the profecution, was impanelled
to try Phelim and his family. They found the bill; yet other witneſſes
were neceffary to the trial of the parties: to obtain theſe very illegal powers
were exérted. People were tried and condemned' by martial law, at a
ཀ
time
CHARLES I...
63
CH_A_P. II.
The King's declaration.Proclamation...
Elliot.
Proceedings againſt
the members of parliament.Death and character of Sir John
Peace with France.Peace with Spain. English
conful infulted.Tonnage and poundage levied with rigor.
Meaſures to advance the hierarchy.
Perfecution of minifters. Leighton's cruel ufage.
vations in religious ceremonies. -Acts of power
Affairs of Ireland.
tions and monopolies.
Acts of power.. -
Affairs of Germany..
Inno-
Impofi-
Proclamations..
HE violence uſed to the House of Commons, and Ann. 1628.
३
the commitment of the members during the fitting
of parliament, were outrages reſulting from the deter-
minations taken previous to its meeting, by the intereſted
individuals that compofed the cabinet and privy-councils..
*
*
*
time when the courts of justice were fitting: fome of theſe were exe-
cuted, and publicly declared, that they came to that fate becauſe they
could not accufe Phelim and his fons. The friends of the perf cuted
gentlemen made application in their behalf to the King and council in
England the chief of thefe friends who thus interpofed was Sir Fran-
cis Annefly, afterwards Lord Mountnorris. And this is the ground of
the imputation laid upon him by Clarendon, of being an enemy to
the deputies of Ireland. A commiffion was directed to the lord-› i-
mate of Ireland, the lord-chancellor, the archbishop of Dublin, the
lord-chief-juftice, and Sir Arthur Savage, who taking the depofitions
of a great number of witneffes, the truth of the above-mentioned cir-
cumftafices fully appeared. This reftored the gentlemen to their 1.berty,
but not to their eftates; a confiderable part whereof had been during
their impriſonment, paffed to Sir William Parſons, by a patent ded .
the.4 Auguſt, 4 Car. "Carte's Hift. of the Life of James, Duke of Ormond,
fol. 1736, p. 27, & feq.
31.2.
C
Of
2
64
HISTORY OF ENGLAND
in the Breviate
Prynne, p.15.
Ann. 1628. Of this noxious tribe, Laud, Neile, and Wefton, the trea-
furer, had moſt to dread from the enfuing feffion. Laud
in his Diary tells us, that the parliament broken up
Laud'sDiary, March 10th laboured his ruin. Weftonwas particularly
of his Life, by marked by Sir John Elliot as the object of an intended
proſecution. It is faid that the King, as he was diſrob-
ing after the diffolution of the parliament, with much
paffion vowed, that he would never put on thoſe robes
again. The court-parafites every where declaimed againſt
the reſpectable Houſe of Commons, as an affembly of
pragmatical, factious demagogues; and the noble fenti-
ments of Liberty, which had animated their proceed-
ings, were not at this time fo generally diffuſed as to
affect the public with a confternation equal to their im-
minent danger, in being expofed to the unreftrained
power of a projecting, wicked miniftry. It is affirmed,
that the courtiers at firft were fuccefsful in their endea-
vours to make the vulgar believe, that the Commons
Guth. p.896. ´were the aggreffors, after the King had paffed the Petition
of Right. Notwithſtanding this diſcouragement, together
with the lofs of that active patriot, Sir Edward Coke,
through diſability from age and infirmites, and Sir
Thomas Wentworth, through the means of bribery, the
oppofition kept firm. They were compofed of the greateſt
men England ever produced; well-founded in their prin-
ciples; poffeffed of almoſt all the polite learning that
was in the nation; intrepid in their conduct, from a
conviction of the goodneſs of their cauſe; united in their
counfels, from the fincerity of their intentions; and not
to be diverted by any difficulties from purſuing the laud-
able end they aimed at.
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SOME
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القصر
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CHARLES
65
I.
Rushworth,
SOME people of the lower fort, warm in the intereft Ann. 1628.
of the party, a few days after the diffolution of the par- vol. I. p. 66-
liament, threw two papers into the dean of St. Paul's
yard; one againſt Laud, to this effect: " Laud, look to
thyfelf; be affured thy life is fought, as thou art the
fountain of all wickedneſs. Repent of thy monftrous
fins before thou be taken out of the world; and affure
thyſelf, neither God nor the world can endure fo vile a
counfellor or whisperer to live." The other, againſt the
treaſurer Weſton, was to the fame purpoſe.
*
declaration,
CHARLES attempted to vindicate to the public his il- The King's
legal violent conduct in a declaration, fetting forth his
reaſons for diffolving the parliament. They were frivo-
lous and weak, full of affertions of his upright inten-
tions, without reconciling one of his meaſures to the
principles of the conftitution, or the Petition of Right;
replete with abufivè accufations of the patriot party in
the lower houſe; whilſt the matter of the accufations
fhew, that the grievances of the nation could no other-
wiſe be redreſſed than by the fpirited exertion which it
condemns. He acknowledges, that tonnage and poun-
dage was ever enjoyed by the authority of parliament,
and therefore it was agreeable to his kingly honour
to take it without the authority of parliament. The
*
A
Commons were charged with not obeying the adjourn-
ment immediately, and the King's power in that point
fuppoſed to be inconteſtable *. There is no mention of
* The power of adjourning, though it had not been formerly diſ-
puted, was a point of privilege that the Commons had by no means
given up to the crown: their right had been afferted by ſeveral of the
VOL. II...
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popular
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}
66
HISTORY OF ENGLAND.
ļ
→
Ann. 1628. the immediate cauſe of their non-compliance; viz. a
manifeft breach of the freedom of parliament, in the
fpeaker's refufing, by the King's exprefs command, to
put the question. The declaration finiſhes with an af
furance of good government; but that to depend on the
King, and not in the ftrength, vigor, and goodneſs of
the laws, to oppoſe a bad one. If Charles's moft inve-
terate enemy had penned an acrimonious libel on his ad-
miniſtration, it could not more fully have ferved the
purpoſe of ſowing the feeds of diſcontent, jealoufy, and
reſentment, than this impolitic endeavour to reconcile
the minds of the people to his tyrannical pretenfions.
1
vol. I. p. 660.
Rushworth,
The
THE Commons not having been called up, on the dif
Rushworth, folution of the parliament, a proclamation was iffued
to give notice to all the lords fpiritual and temporal,
knights, citizens, burgeffes, and others concerned in the
parliament, that they might depart about their needful
affairs, without attending any longer in London.
declaration ſetting forth the reafons for diffolving the
vol. II. p. 3. parliament had an effect fo different from its intended
purpoſe, that the people murmured highly for another
and faid, if there was not one preſently called all things
Proclamation. would be unfettled, and out of order,
On this a pro-
clamation was iffued for fuppreffing fuch difcourſes;
that it was prefumption in any to preferibe any time to
his majefty for parliaments, the calling, continuing, and
diffolving them, being always in the King's own power;
that his majefty will be more inclinable to meet his
;
popular members, and never contradicted by a refolution of the
houſe.
$
'
'
$
1
parliament
CHARLES
67
I
parliament again, when his people fhall fee more clearly Ann. 1628.
into his intentions and actions; when fuch as have bred
this interruption ſhall receive their condign puniſhment,
and thoſe who are mis-led by them, and fuch ill reports
as are raiſed upon this occafion, ſhall come to a better
underſtanding of his majefty and themſelves *
CHARLES was now determined to govern entirely by
his council, and to raiſe money by his prerogative. To
juſtify his proceedings against the impriſoned and ab-
fconded members, the judges were affembled on the
twenty-fifth of April, and certain refolutions † extorted
* The courtiers were fo emboldened by the King's openly avowing
an intention to call no parliaments till the people were rendered ſub-
miffive to his will, that one Atkinſon having fued a fervant of the King,
the earl of Montgomery, the lord-chamberlain, committed him for hav-
ing done it without his leave. Atkinſon was delivered on his Habeas
Corpus; and that very day Montgomery again committed him, in con-
tempt of the court. Hyde denied to grant a warrant for another Habeas
Corpus, but it was obtained from the reft of the judges. Before its re-
turn, Atkinſon was diſcharged from prifon. Whitlock, p. 13.
†The queſtions put by the attorney-general, and dictated by Laud,
with the refolutions of the judges.
To the queſtion, "Whether if any ſubject hath received probable
information of any treafon, or treacherous attempt againſt the King
and ſtate, that ſubject ought not to make known to the King, or his
majeſty's commiffioners, when thereunto he ſhall be required, what in-
formation he ſhall receive, and the grounds thereof, to the end that the
King, being truly informed, may prevent the danger? And if the faid
ſubject in ſuch caſe ſhall refuſe to be examined, or to answer the quef-
tions which ſhall be further demanded of him, for farther enquiry and
diſcovery of the truth, whether it be not a high contempt in him, pu-
niſhable in the Star-chamber, as an offence againſt the general juftice
of the kingdom?"
K 2
The
Ann. 1629.
68'
>
HISTORY OF ENGLAN D.
Ann. 1629. from them, calculated not only to juftify the proceedings
of the miniftry, but to awe any future parliament' from
The judges anſwered, that it was an offence puniſhable as aforefaid;
fo that it did not concern himſelf, but another, nor draw him to dan-
ger of treafon or contempt by his anſwer.
"Whether it be a good anfwer or excufe, being thus interrogated, to
fay, that he was a parliament-man when he received this information,
and that he ſpake thereof in the parliament-houfe; and therefore, the
parliament being now ended, he refuſed to anſwer to any fuch quef
tions but in the parliament-houſe?"
The judges gave a private anſwer to Mr. Attorney, that fuch an ex-
cufe was in nature of a plea, and not an error of judgment; therefore
not puniſhable till over-ruled.
“Whether a parliament-man, committing an offence againſt the King
or council, not in a parliament-way, might, after the parliament ended,
be puniſhed?
The judges anſwered, he might, if he be not punifhed for it in
parliament. They agreed, that he could not regularly be compelled,
out of parliament, to anſwer things done in parliament in a parlia-
mentary courſe; but it was otherwife where things were done exorbi-
tantly, for thoſe were not the acts of a court.
"Whether if one parliament-man alone ſhall reſolve, or two or three
fhall covertly confpire, to raiſe falfe flanders and rumours againſt the. ·
lords of the council and judges, not with intent to queſtion them in a
legal courfe, or in a parliamentary-way, but to blaſt them, and to. ·
bring them to hatred of the people, and the government into con-
tempt, he be puniſhable in the Star-chamber after the parliament be
ended ?”
The judges anfwered, that the fame was punishable out of parlia-
ment, as an offence exorbitant committed in parliament, beyond the
office, and beſides the duty, of a parliament-man.
To the following queftion put by Mr. Attorney, "whether if a par-
liament-man, by way of digreffion, and not upon any occaſion arifing
concerning the fame in parliament, fhall fay, the lords of the council
and the judges had agreed to trample upon the liberty of the fubject,
and the privilege of parliament, he were puniſhable or not?" the judges
defired to be ſpared to make any anfwer, becauſe it concerned them-
felves in particular. Rushworth, vol. I. p. 662, & feq.
difputing
CHARLES
69
I.
7
•
*
diſputing the will of the court. Judge Whitlock, not- Ann. 1629.
withſtanding that he gave his affent with the reſt of his P. 13.
brethren, ſaid, if Laud went on to get previous determi-
nations to juftify all his arbitrary meaſures, he would
kindle a flame in the nation. Chambers, for the words Ruthworth,
he had ſpoken at the council-board, that the merchants
in England were more fcrewed up than in Turkey, was
fined in the Star-chamber 2000l. and to acknowledge
his offences at the council-board, the Star-chamber bar;
and the Exchange. Notwithſtanding his plea that theſe
words were only ſpoken in the preſence of the Privy-
council, and not abroad to ftir up difcord amongst the
people, and with no other view than to introduce his
juſt complaints againſt the inferior officers, the fine was
thought very moderate by this court: fome of the mem-
bers voted it to be 3000 l.; of this number was biſhop
Laud: When the draught of the fubmiflion was read
to Chambers, he thus fubfcribed it: "All the abovefaid
contents and fubmiffions, I Richard Chambers, do utterly
abhor and deteft,, as moſt unjuſt and falſe; and never
till death will acknowledge any part thereof *.”
Cham-
bers put in a plea in the court of Exchequer againſt
paying the fine; that the faid fine was impofed by the
King and the council, and not by a legal judgment of
his peers, nor by the laws of the land, nor according to
the manner of his offence, nor faving his merchandize,
&c.
To this plea he annexed a petition to the lord
* The fubftance of the fubmiffion was as follows: That Richard Cham-
bers having been convented before the lords and others of his majeſty's
moſt honourable privy-council board, did then and there, in infolent,
contemptuous, and feditious manner; falfely and maliciously fay and
affirm, &c. Rushworth, vol. I. p. 672.-
chief
་
A
+
70
*
HISTORY OF ENGLAND.
Ann. 1629. chief baron, and the other barons, humbly defiring the
filing the plea, with other reafons, in the manner of a
motion at the bar, becauſe council would not move,
plead, nor fet hand to it. On the repreſentation of Mr.
Attorney, that this plea was frivolous, infufficient, and
derogatory to the honour and jurifdiction of the Star-
chamber, the court over-ruled it, and the petitioner was
impriſoned fix years for not fubmitting to the fentence
of the court.
Proceedings
against the
parliament.
ON Eaſter-Term Mr. Stroud and Mr. Long, two of the
members of imprisoned members, brought their Habeas Corpus to be
admitted to bail. The judges, intimidated by a warrant
the King had fent under his own hand for their deten-
tion, remanded them *; but before the next term they
Vide p. 54.
Whitlock,
P. 13.
* Mr. Aſk of the Inner-Temple was of council for Mr. Stroude,
and Mr. Mafon of Lincoln's-Inn for Mr. Long. Mr. Long argued,
that the words in the warrant, " notable contempts againſt our govern-
ment, and ſtirring up ſedition againſt us," were too indefinite and ge-
neral for the prifoners to be remanded on fuch a return; that there
were in the law many contempts of different natures, which had dif-
ferent degrees of puniſhment: every contempt made to the King was
notable againſt our government; and that it appeared not to the court
of what nature the contempts mentioned in the King's warrants were;
that befides, the King cannot impriſon any man, becauſe no action of
falſe impriſonment lies againſt the King; that there were no ſuch
words in the law-books as fedition, but taken adjectively, as feditious
books, feditious news, &c.; that in the ftatute of the firft and fecond
of Philip and Mary, the penalty impoſed on ſuch fedition is but a
fine. Here Mr. Afk quoted law-cafes, to fhew that a general accuſa-
tion of a mutinous and feditious man was not adjudged actionable.
Mr. Maſon faid, he would not argue the firft warrant committed by
the King and privy-council, becauſe the infufficiency of fuch a return
was claimed as an ancient right pertaining to the fubject in the Petition
of Right, whereto the King had given his confent. For the fecond
8
warrant,
1
CHARLES
71
I
I.
Rushworth,
ſent a letter to the King, in which they repreſented, that Ann. 1628.
by their oaths they were to bail the prifoners;
but vol. I. p. 665,
warrant, for ſtirring up fedition againſt us and our government: Sedi-
tion is not any determined offence within our law. Our law gives de-
finitions and deſcriptions of other offences; to wit, of treaſon, mur-
der, felony, &c. but there is no crime in our law called Sedition. Be-
fore the ſtatute of Ed. III. cap. 2, it was not clear enough what was
treaſon, what not, by which ſtatute it is declared what ſhall be faid
treaſon; and that the judge fhall not declare any thing to be treaſon
that is not contained within the ſaid ſtatute; and that ftatute ſpeaks
not of fedition; nor the ftatute of the firſt of Henry IV. cap. 10, which
makes fome things treafon that are not contained within the ſaid ſta-
tute of 25 Ed. III. The ftatute of 1 Ed. VI. cap. 12, takes away all
intervening ſtatutes which declared new treafons; and the faid act de-
clares other things to be treafon, but mentions not fedition. Sedition
is the quality of an offence, and is oftentimes taken adverbially or ad-
jectively. Here Mr. Maſon quoted law-cafes to prove, that fedition
was never taken as a fubftantive; and alledged, that the prefent cafe
was clearly within the Petition of Right, in which Magna Charta and
the ſtatutes of the 25 and 28 Ed. III. were recited. The grievance ·
there was, that divers have been impriſoned without any caufe fhewn
to which they might make anfwer according to law; and upon this
return nothing appeared to be objected to which he might make an-
ſwer. It appears not what that act which is called Sedition is. This
is the grief intended to be remedied by that ſtatute. To this he can-
not anſwer according to law: It appears not whether this were a fedi-
tious act, trefpafs, or flander, or what it was at all. Serjeant Barckley
argued for the King, that the return was fufficient in law to detain
them in priſon; that the cafe was not fo general as it had been made,
but particular upon this particular return. To the objection, that the
commitment was by the lords of the privy-council, and the fignifica
tion of the cauſe by the King-That the lords of the council do it by
the command of the King, and they only purſued his command. To
the objection, that Markham ſaid to king Edward IV. that he cannot
arreſt a man for fufpicion of treaſon or felony, becauſe if he do wrong
the party cannot have his action-That the book there is to be under-
ftood of a wrongful arreft, for there is fpoken of an action of falfe
mpriſonment; and a wrongful arreft cannot be made by the King.
Το
& feq.
•
72
HISTORY OF ENGLAND.
Ann. 1629, thought fit, before they did it, or publifhed their opi-
nions therein, to inform his majeſty thereof, and hum-
bly to adviſe him, as had been done by his noble pro-
genitors in the like cafe, to fend a direction to his juf-
tices of the bench to bail the prifoners. Charles told
the judges, that he was diffatisfied with the contents of
their letter, and ordered them to take no ſtep in bailing
the prifoners till they had adviſed with the judges of the
other benches. During this delay, the
During this delay, the prifoners were
removed into other prifons; the King fending a letter
to the judges to acquaint them, that the removal was
occafioned by their infolent carriage at the bar of the
Star-chamber, and at the bar of the King's-Bench *.
To the objection, that the return was general and uncertain-That the
council of the other fide had divided the words of the return. Nota-
ble was a word obfervable in the law; and that though fedition in it-
felf might be a general offence, yet fedition against us and our go-
vernment made it particular; that there were many writs more uncer-
tain than this return, and yet good; that the writ concerning the tak-
ing an apoftate was general, yet there were feveral forts of apoftacies
that on the writ concerning the remove of lepers the words were ge-
neral, yet there were two kinds of lepers. To the objection, that by
the ſtatute of 25 Ed. III, the parliament ought only to determine what
was treaſon, what not-That upon the ſaid ſtatute the poſitive law had
always made explication and expofition. It was fit to reftrain the pris
foners of their liberty, that the commonwealth might not be damni-
fied. It was lawful to pull down a houſe to prevent the ſpreading mif-
chief of fire. It was lawful to reftrain a furious man. Rushworth,
vol. I. Appendix, p. 18, & feq.
7
* The firſt day of Trinity-Term, Mr. Selden having been brought
on an Habeas Corpus to the bar of the King's-Bench, Mr. Littleton
argued, that the cauſe of the return being the fame which had been
brought with the other prifoners, it was infufficient, and againſt the
Petition of Right; that in the warrant of the King, as certified by
the return, there was not a fufficient cauſe for detaining the priſoner.
For
CHARLES I.
73
IT was
not till Michaelmas-Term following, that Ann. 1629.
Charles was brought to confent that the prifoners ſhould
not.
For the firft part of it," For notable contempts by him committed
againſt ourſelf and our government." For contémpts, all contempts
are against the King mediately or immediately, and againſt his govern-
ment. Notable is all one with notorious and manifeft, as appears by
the ſtatute of Weſtminſter 1, cap. 15, and 26 Ed. III. 71. Notable is
but an emphatical expreffion of the nature of the thing, and alters it
"Againſt us." All riots, routs, batteries, and trefpaffes, are
againſt us, and againſt our crown and dignity. Contempt againſt our
court of justice is a contempt against us. But if the return were, that
he was committed for a contempt made in Chancery, the party fhall
be bailed, as it was refolved in this court in Michael Apfley's cafe,
and in Rufwell's cafe, 13 Jac. Mr. Littleton quoted a good many
ftatutes and law-cafes to prove, that fedition was not an offence of it-
felf, but the aggravation of an offence; and no indictment was ever ſeen
of fedition fingly by itſelf on the entire return. He faid, the King
joined fedition with notable contempts, mentioned in the firft part of
the return, fo that it made it but a contempt. Here Mr. Littleton
quoted the cafe of Peter Ruffel, in the 9 Ed. III. who was bailed on a
return of having committed divers feditions againſt the lord the King.
"It has been affirmed, faid Mr. Littleton, that there can be no con-
viction as this cafe is, therefore there ought to be coercive power to
reſtrain the priſoners. This is ftrange news to me, that there ſhall be
an offence for which a man cannot be convict. If there be no con-
viction, it hence follows there can be no offence; and if there be no
offence, there ought by confequence to be no puniſhment. The caſe
of the 14 Henry VII. 8. hath been objected, that a juftice of peace
may commit rioters without bail. I confefs it; for this is by force of
a ftatute that ordains it. It hath been objected, that if a houſe be on
fire, it is lawful to pull down the neighbour's houſe for the prevention
of farther miſchief: and the cafes of 22 Aff. and 22 Ed. IV. that every
man may juſtify the coercion of a madman. I anſwer, that thoſe caſes
are true, for of neceffity, and no other evaſion; but here bail is prof-
fered, which is body for body. Fire is ſwift, and cannot be puniſhed,
and no caution can be obtained thereof. But obferve the true inference
and confequence of this argument: If my houſe be on fire, my neigh-
bour's houſe muſt be pulled down: Mr. Selden is feditious; ergo, Mr.
VOL. II.
Herbert,
L
74
HISTORY OF ENGLAND.
1
Ann. 1629. be bailed, provided they gave fecurity for their good be-
haviour. This was a point of law in favour of the
Herbert, his neighbour, muſt be impriſoned. It hath been objected,
that the cafe is out of the Petition of Right, becauſe in this return
there is a cauſe fhewed; but the grievance, whereupon the Petition of
Right was framed, was where no caufe was returned. It is true that
the grievance goes no farther but where no caufe was returned, for
that was the grievance at that time; but the words of the Petition of
Right are farther, without being charged with any thing to which they
might make anſwer by the law, which implies, that fuch cauſe ought
to be contained in the return, which being put into an indictment, the
party may have his anſwer thereto. It was objected, that the return
ſhall not be conftrued and expounded by fractions. I anfwer that we
need not make fuch an expofition, for the joint conftruction thereof
makes more for us than the feveral, as is fhewed before. It has been
objected, that a general return is fufficient, and that it need not have
terms of art in it, as an indictment ought to have. For anſwer, I
confefs it; but I affirm, as above, that a return ought to be fo parti-
cular that the nature of the offence appear out of it: and it is not to
be compared to general writs, Apoftata capiendo, Idiota examinando, Le-
pros amovendo, and the like; for thoſe writs are good enough, becauſe
they contain the very matter. It hath been objected, out of 30 AM.
p. 19, that the King would have one drawn or hanged for bringing
into England the bulls of the Pope'; but the book anfwers itſelf, for
he was not drawn or hanged. The ſtatute of Weſtminſter was object-
ed; but as often as that ftatute is objected, I will always cry out, The
Petition of Right, the Petition of Right, as the king of France cried
out nothing but France, France, when all the feveral dominions of
the king of Spain were objected to him. I will remember one cafe,
which perhaps may be objected, and fo conclude: 11 Rich. II. Parlia-
ment-Roll 14, in the printed ſtatute, cap. 3 and where it appears,
that divers queſtions were propounded by the King to Trefilian and
Bealknap, the two chief-juftices, and to the other juftices; one of
which queſtions was, How they are to be puniſhed who refift the King
in exercifing his royal power, &c.? The answer of the judges was,
una voce, that they are to be puniſhed as traitors; and 2 Rich. II. cap.
21, this opinion was confirmed; but afterward, in the 1 Hen. IV. cap.
and 4, and 1 Hen. IV. in the Parl. Rolls, numb. 66 and 67, the
judges
3
I
5,
1
C
75
HALES I
crown, which the judicious Mr. Selden, with a ſpirit Ann. 1629.
truly magnanimous, refuſed to affent to; fince giving
judges being queftioned for their opinion in parliament, they anſwered,
that they were threatened and enforced to give it, and that they were,
in truth, of the contrary opinion. Bealknap faid, that he proteſted
aforehand to the earl of Kent, that his opinion was always to the con-
trary. The parliament was not content with theſe excuſes, and they
were all adjudged traitors.'
"5
Sir Miles Hobart, Benjamin Valentine, Denzil Hollis, Efqs; were
at the bar upon an Habeas Corpus directed to the ſeveral priſons, and
their council was ready to have argued the caſe, but the fame return
being made for them as was made for Mr. Selden, they all agreed to
rely upon the arguments which had been urged by Mr. Littleton.
Sir Robert Heath, the attorney-general, argued, that the return was
good, and that the priſoners ought not to be bailed; that the firſt ge-
neral warrant by command of the lord the King was in former times
held a very good return, when due reſpect and reverence was given to
government—but, tempora mutantur; that this return was not weak-
ened by any latter opinion: for notwithſtanding that, the firſt commit-
ment of a man might be general; for fhould the true caufe be revealed
to the gaoler, the complices of the fact might eſcape: but when the
cauſe was returned in court, more certainty was requifite; for then, as
it had been objected, fomething ought to be expreffed, to which the
party might make anfwer, and to this purpoſe the Petition of Right
had been much infifted on; but the law was not altered by it, but re-
mained as it did before. Here Mr. Attorney ridiculouſly and treaſonably
afferted, that the King's declaration after the paffing the Petition of Right,
that he had granted no new, but only confirmed the ancient liberties of the
fubject, rendered it not effective in this cafe; and he ſhould confider how
the law was taken before the Petition. "It feems, faid he, that there is
fuch a crime contained in this return, which is a good caufe for de-
taining the priſoner. It is true, that it was confidently urged in par-
liament in 3 Car. that general returns that were committed by the lord
the King were not good, &c. and that thoſe arguments remain as mo-
numents on record in the upper houfe of parliament; but I will not
admit them for law; but I will remember what was the opinion in for-
mer times." Here Mr. Attorney quoted Newton, and faid, that the
contrary opinion was grounded on Magna Charta, which was a general
L 2
law,
76
HISTORY OF ENGLAND.
Ann. 1629. bail for good behaviour was a punishment, and im-
plied an offence, that yet remained to be tried and
law, and literally had no fenfe to that purpoſe; that it was contrary to
the ufual practice in criminal cafes, in which the impriſonment was al-
ways lawful until the trial, although made by a juſtice of peace or con-
ſtable. Mr. Attorney quoted law-cafes, and faid, that there were in-
numerable precedents to this purpoſe; that it was the opinion of that
court in 3 Car. that the law was not altered fince, and he hoped the
opinion of the judges was not altered. Mr. Attorney farther argued,
that fedition was a word well known in the law, and of dangerous con-
fequence; that out of the ftatutes enacted against treafon, it appeared
there was a narrow difference between it and treaſon, if there was any
at all. To the objection, that the gentlemen had been a long time im-
priſoned, and no proceeding againſt them-" It is well known, faid
Mr. Attorney, there have been fome proceedings againſt them, and they
declined them; and alſo, more than three months is requifite for the
preparations of ſuch proceedings; and the King intends to proceed
againſt them in convenient time. If any injury be done to the pri-
foners, they themſelves are the cauſe of it, for not fubmitting them-
felves to the King. And for the inſtance which Mr. Littleton ufed, of
the judges in the 2 Rich. II. although they fuffered for their opinions
given to the King, I defire that the time when their opinion was de-
livered-may be confidered, to wit, in the time of Rich. II. and the time
when they ſuffered, to wit, in the time of Hen. IV. And it was the
faying of a noble gentleman, the lord Egerton, that Bealknap fuffered
rather by the potency of his enemies, than the greatneſs of his offence.
And yet it is to be confeffed, they might have. given better counfel:
But there was no time to difpute the juftnefs of their counfel, when
the fword was in the hands of the conqueror. It hath been relied
upon the refolution of all the juftices in England in 34 Eliz. which re-
folution is now regiſtered in the upper house of parliament, at the re-
queft of the Commons, in tertio Caroli regis; but I. leave it to you, as
that refolution ſhall fway your judgment. The faid refolution is, that
the cauſe ought to be certified in the generality or fpeciality and here
the general caufe is certified at leaſt, if the ſpecial be not fo. Upon
the whole, matter, the bailment of theſe priſoners is left to your difcre-
tion; and I have fhewed to you the difcretion of your predeceffors:"
and if any danger appear to you in their bailment, I am confident that
*
.
·
ye
?
CHARLES I
77
proved *. The rest of the priſoners, animated by Mr. Ann. 1629.
Selden's example, determined to defend this conſtitutional
point, at the expence of their perfonal liberties. On their
refuſal to find bail for their good behaviour, they were
remanded to the Tower, and an information lodged
againſt them in the King's-Bench for fedition and con-
ye will not bail them if any danger may enfue. But first you are to con-
fult with the King, and he will fhew you where the danger refts. There-
fore, upon the whole matter, I pray that they may be remanded.
When the judges were ready to have delivered their opinions on the
grand Habeas Corpus for Mr. Selden and others, the priſoners were
not brought to the bar, according to the rule of the court: therefore
proclamation was made for the keepers of the ſeveral priſons to bring
in their prifoners. None of them appeared but the marshal of the
King's-Bench, who faid that Mr. Stroude, who was in his cuftody, was
removed yeſterday, and put in the Tower of London, by the King's
own warrant. And fo it was done with the other priſoners: each was
removed out of his priſon in which he was before. Notwithſtanding
this, it was prayed by the council of the priſoners, that the court would
deliver their opinion for the matter in law. But the court refuſed to do
that, becauſe it was to no purpoſe; for the priſoners being abfent, they
could not be bailed, delivered, or remanded.
*
The laſt day of the Term, a letter came to the court from the King
himſelf, to inform the court concerning the reaſons wherefore the pri-
foners were not fuffered to come at the day appointed, for the refolu-
tions of the judges; yet that Selden and Valentine fhould appear the,
next day. About three hours after, the judges received other letters,
intimating that neither Selden nor Valentine ſhould appear. Rushworth,
vol. I. Appendix, p. 28, & feq. Rushworth, vol. I. p. 680, & feq..
*
* The judges, to prevail with the priſoners to affent to this illegal de-
mand, affured them, that one bail ſhould fuffice, and all ſhould be writ-
ten on one piece of parchment. They were every one fo refolute in their
denial, that when Afhly, the King's ferjeant, offered his own bail for
Mr. Hollis, who had married his daughter and heirefs, the court was
obliged to reject it, becaufe Mr. Hollis refufed to be bound in the obli-
gation. Baker's Chronicles, p. 445. Rushworth, vol. I. p. 683.
tempt;
4
7 8
HISTORY OF ENGLAN D.
Ann. 1629.
1
This
tenipt; and againſt Mr. Long for that he, being chofen
fheriff of the county of Wilts, and by his oath to keep
within his county, unleſs he had the King's licence to
the contrary, yet he did come to parliament, and ſerve
as a member there, and in the time of parliament re-
fided out of his county *. All the parties under profe-
cution excepted to the jurifdiction of the court.
exception in the cafe of Long was treated as a deroga-
tion of the jurifdiction of the court: He was fentenced
to be committed to the Tower, there to remain during
the King's pleaſure, to pay a fine of two thouſand
marks to the King's ufe, and to make humble fubmif
fion and acknowledgment of his offence, both in the
court of Star-chamber and to the King, before his en-
largement.
*Mr. Long had been profecuted for this offence in the Star-cham-
ber. His plea there was, that the oath of a fheriff to refide in his
county does not exempt him from obeying the King's command out of
the county, when the King requires it; and that by the King's com-
mand in his higheſt capacity, he, being chofen a member of parliament,
was obliged, as well by the King's command as by a truſt repoſed in
him by his county, to ferve as a member of parliament.
Mr. Long's council might have added, that the queſtion had, in Sir
Edward's Coke's cafe, been determined in favour of the defendant;
fince on that patriot's having been made high-fheriff of Buckingham-
ſhire, to impede his ferving his country in parliament, he had never-
theleſs been elected a member, and his election had been refolved to be
good by the Houſe of Commons.
L
It is faid, that when Mr. Long's council pleaded ancient records to
exempt members of parliament from the jurifdiction of that court in
matters concerning the parliament, that biſhop Harfnet replied, "Don't
trouble us with moth-eaten precedents; we fit here not to be guided by
precedents, but to make them."
To
CHARLES I
79
Rushworth,
vol.I. Appen-
dix, p. 51.
To the other exceptions againſt the juriſdiction of the Ann, 1629.^
court, notwithſtanding that the council for the prifoners
had proved, that there never was a precedent of fuch
offences having been puniſhed in that court, where any
plea was put in, the judges agreed, that the court had Rushworth,
juriſdiction, though the offences were committed in par- & feq.
liament; and that the members imprifoned ought to an-
ſwer *. They ftill refufing to plead before the court,
the following judgment was given againſt them upon a
Nihil Dicit:
"THAT every of the defendants fhall be impriſoned
during the King's pleafure. Sir John Elliot to be im-
A
* The four judges were, the lord-chief-juftice Hide, Whitlock,
Crooke, and Jones. Hide gave an opinion, that offences committed
in parliament might be puniſhed out of parliament, and no court more
proper for that purpoſe than the court of King's-Bench. Jones ar-
gued, that the privilege of parliament did not hold in three cafes:
Treaſon, felony, and in fuit for the peace; and that this laft was the
caſe in queſtion. To theſe arguments Whitlock added the following
ridiculous diſtinction: That the prefent queftion was between private
members of the Houfe of Commons and the King, and not between
the King and the parliament; that that which is done in parliament by
the conſent of all the Houſe, fhall not be puniſhed elſewhere; but if
any private members put off the perfons of judges, and cloath them-
felves in the perfons of malefactors, they are feditious. Charles faid
of Whitlock, that he was a ftout, wife, and a learned man, and one
who knew what belonged to uphold magiftrates and magiftracy.
Whitlock, p. 11.
Juſtice Crook, as. abfurd as Whitlock, faid, that all offences againſt
the crown were to be puniſhed in the court of King's-Bench. Indeed,
what was done in a parliamentary way could not be puniſhed there;
but what was done falfely and unlawfully could not be a parliamentary
courſe, and therefore fuch offences were puniſhable out of parliament.
prifoned
vol. I. p. 686,
80
HISTORY OF ENGLAND.
Ann. 1629. priſoned in the Tower of London, and the other defen-
dants in other prifons.
เ
"THAT none of them ſhall be delivered out of priſon,
until he give fecurity in this court for his good beha-
viour, and have made fubmiffion and acknowledgment
of his offence.
"SIR John Elliot, inaſmuch as we think him the
greateſt offender and ring-leader, ſhall pay to the King a
fine of two thouſand pounds; Mr. Hollis a fine of two
thouſand marks; and Mr. Valentine, becauſe he is of leſs
ability than the reft, fhall pay a fine o f five hundred
pounds *"
* Whitlock informs us, that about this time fome conftables, and
other men of low condition, were committed by the council; and
bringing their Habeas Corpus, were removed from purfuivant to pur-
fuivant, and could have no benefit of the law. The proceedings of
the High-commiffion court were carried fo high, that one Huntly, a
parfon in Kent, having difobeyed an order to preach a vifitation-fer-
mon, was committed to prifon by the High-commiffion court: the re-
turn on his Habeas Corpus being default in his canonical obedience, he
was firſt bailed, and afterwards delivered upon this reafon, becauſe
breach of canonical obedience is an offence punishable by the ordinary,
by ecclefiaſtical cenfures, and not by the commiffioners eccleſiaſtical, bý
fine and impriſonment.
Huntly brought his action againſt the keeper, and fome of the com-
miffioners by name. The attorney-general moved, that the action
might lay againſt the gaoler only, and not againſt any of the perſons
of the High-commiffion. The court ordered, that two of the commif-
fioners ſhould anſwer. Laud infinuated to the King, that it would
much prejudice the authority of his High-commiffion court, if the
judges of it were expofed to perfonal actions. Charles fent his advo-
cate, Dr. Ryves, to the lord-chief-juftice, requiring him to proceed nó
farther in the cauſe till he had ſpoken with him. On the receipt of
the
8
!
CHARLES
81
I
1
Elliot.
THE impriſonment of theſe illuftrious fufferers was Ann. 1629.
long, their treatment under confinement rigorous and
cruel they were denied the ufe of pen and ink, and,
even in their fickneffes, all communication with their
wives and families. Under thefe oppreffions died Sir
John Elliot.
It is the peculiar duty of hiſtory to do juf- Death of
tice to injured and afperfed virtue. The merits of Sir
John Elliot demand a particular attention, as the firſt
martyr to the pre-eminent caufe of Liberty. It is, per-
haps, the early exit of this undaunted patriot that has
left his memory rather a prey to calumny, than diſtin-
guiſhed by thofe ftrong lines of virtue that marked the
real man. Notwithſtanding the pains that monarchical
writers have taken to wound his private character, they
have never produced a fingle anecdote againſt him,
grounded on any good hiſtorical proof. In his public
life, he eminently appeared an independent agent for
the people, a faithful truſtee of that facred charge com-
4
the mandate, the judges came to a refolution, that a meffage which
commanded an indefinite ſtay of a cauſe between party and party, and
might ſtop the courſe of juftice as long as the King would, did not
ſtand with their oaths. They farther declared the doctor to be no fit
meffenger, all meffages from the King to them, in caufes relating to
the adminiſtration of juſtice, being ufually by the lord-keeper, or the
attorney-general. On this, Charles fent for the judges, and laid an
expreſs command upon them, that they fhould not put the commif-
fioners to anſwer. The general odium excited by the power that theſe
ecclefiaftical officers had affumed, changed the fubmiffive difpofitions.
of the judges: they ftoutly replied to the King, "That they could
not, without breach of their oaths, perform his commands." It was
determined after at the council-table, that the judges had done their
duty, and that the commiffioners ought to anfwer. Kennet's Complete
History of England, vol. III. p. 58. Whitlock, p. 12, 13.
VOL. II.
M
mitted
His character.
}
82
*
HISTORY OF ENGLAND.
'
1
+
Wood Athe-
nae Oxonien-
fes, fol. ed.
1721, vol. I.
P. 543.
*
Ann. 1629. mitted to a reprefentative by his conftituents, an intre-
pid affertor of the privileges of parliament, and a zeal-
ous defender of the liberty of the fubject; determined.
in his oppofition to the unconftitutional pretenfions of
the crown, and the arrogant and dangerous encroach-
ments of favourites and minifters. By this fteady, manly.
conduct, he gained fo much of the efteem and confidence.
of the public, that from the year 1618 to the year 1628.
he was always elected a knight of his county, or a bur-
gefs for fome borough therein, to ferve in all parlia-
ments. The enemies to his virtues would infinuate, that
his ſpirited exertions in the caufe of Liberty had no other
fource than private pique to Buckingham; but his ani-
mated conduct in the parliament fucceeding the de-
ceaſe of that favourite, evidently confutes that affertion..
He poffeffed a bold, fpirited, and nervous elocution, a
lively imagination, and a ready wit*.. He was a more
Cornwall.
1
* There is in the Britiſh Muſeum a very valuable MSS. entitled,
"The Monarchy of Man, a treatiſe philofophical and moral, compoſed
by Sir John Elliot," whilft a prifoner in the Tower. The fame fpirit
of liberty, the fame juft notions of government, animated the writer as..
animated the orator. After afferting, from Theodofius and other au-
thorities, that kings are fubject to laws, he obferves, "It is their ma-
jefty, their honor, their exaltation, fo to be: the reafon is, that the
law is the ground of all authority; - all authority and rule dependent on
the-law." The following paffage is a lively picture of the miferable
fervitude of the times in which Sir John Elliot lived, and under the ty-
ranny of which he died, with the ſmall profpect there then was that
this country would ever attain to that glory and freedom which it has
fince enjoyed. "The queftion, whether laws have an influence on
princes, is a queſtion involved in difficulties, as lying within that myf
tery, the prerogative of kings, which is a point fo tender it will hardly
bear the mention: we may not handle it with roughneſs, left it reflect
new beams of terror on ourſelves. If we turn our diſquiſition, and
thus
to
}
1
5
CHARLES
I.
1.
83
J
;
forward leader of oppofition than any of his cotempo- Ann. 1629.
raries, and the molt daring champion for the public
cauſe *
+-
thus ftate it, What power the King has upon the laws? there is fuch
a confluence of flattery conducing to our prejudice; fuch labour to
make a monarchy unlimited, an abfoluteneſs of government without
rule; fo much affection, or corruption rather, fpecified, fuch diftor-
tion and perverfion of authorities to that end; learning made pro-
titute to fallacy, religion turned to policy; Heaven brought down to
earth; light transformed to darkneſs; as to attempt againſt it is now
to row againſt the tide, againſt the ſtream and current of thefe times to
feek a paffage unto truth.To confute thoſe who inculcate the doc-
trine of tyranny unto princes were not a taſk of hardneſs, if the dan-
ger did not exceed the trouble; but the infection of thefe times is in-
compatible with fuch labours, when ſcarce the leaft difeafe is curable."
The treatiſe concludes with a panegyric on the independence of the
mind: « The affections being compofed, and the actions fo directed,
the perfection of our government, that fummum bonum in philoſophy,
the bonum publicum in our policy, the true end and object of the Mo-
narchy of Man." Br. Muſeum, MSS. numb. 2228.
N. B. This treatiſe contains 240 folio pages, fairly written, with this
motto: Deus nobis hæc otia fecit.
น
}
Wood, in his Hiftory of Oxford-writers, tells us, that Sir John
Elliot, after having ſtudied three years at the univerſity of Oxford,
finiſhed his education at the inns of court, and was there made a barri-
fter. The ſtudy of the common law of England was, in theſe days,
confidered as a very neceffary part of education for the men of fortune
who aſpired to the honour of ferving their country in the important
function of members of parliament. Modern education is on a very
different plan the tour of Europe fucceeds the univerſity, and com-
pleats the fine gentleman; whilst his attention to faſhions, and to all
the trifling parts of foreign manners, take place of the more drudg-
ing fcience of the law, the ſtudy of politics, and the conftitution of
his country. To this change, perhaps, may be juſtly aſcribed part of
thoſe misfortunes which are intirely imputed to the venality of the
fent times.
M 2
pre-
THE
1
1
+
?
:
1
1
-84
Ann. 1629.
Peace with
France.
HISTORY OF ENGLAN D.
THE forementioned. feverities practifed on theſe gen-
tlemen of refolved and ftubborn virtues, were not the
only endeavours uſed to break and difunite the party.
Thoſe eminent parliament-men that were of a pliant
temper were all preferred: Sir Dudly Diggs was made
mafter of the rolls, Noy was made the King's attorney.
and Littleton his folicitor †.
2
CHARLES, wholly engaged in quelling the obftinacy
of his Engliſh fubjects, and fettling on a firm bafis his
plan of arbitrary power, liſtened with pleaſure to pacific
propoſals from the French court. Richlieu knew that
both the Engliſh king and miniftry were eager for peace
and though he had now entertained a project of dïmi-
niſhing the power of the houſe of Auftria, and Lewis
was on the point of being engaged in a war with Italy,
yet he disdainfully rejected the mediation of the king of
Denmark and the States-General, agreed to by Charles,
and infifted that the Venetians fhould interpofe their good
offices between the two crowns. The articles of this
treaty were trifling. The peace was concluded at Suſa, on
the fourteenth of April, and publiſhed on the twentieth
of May, before Privas, a Proteftant town, at this time be-
fieged by the French king. On the fame day Privas was
fummoned to furrender: it held out till the twenty-ninth:
* Sir Robert Heath, the late attorney-general, was preferred to a
judge's place, in the room of Sir John Walter, who was diſcharged from
his fervice becauſe he did not give a fatisfactory anfwer to the queries
concerning members of parliament. Whitlock, p. 16.
It is faid, that Sir John Elliot had been tampered with, but that
he was found proof againſt all temptation. Rapin, note, vol. X. p. 263.-
THE
>
1
1
ходи
Í...
G. HA
H A R L E S
E S I.
8 5
Rushworth,
THE first fruits of the new-fworn amity between the Ann. 1629.
two monarchs was, the importation of twelve capuchin- vol. II. p. 25,
friars to ſerve in the Queen's chapel, and the releaſe of & feq
Du Cheyne,
certain prieſts and recufants, delivered to the French am- P. 1226.
baffador Chateauneuf, who came to receive Charles's ra-
tification and oaths. The next meaſure taken by the mi-
niftry was to enter into a treaty of peace with Spain.
The overture was made by Rubens, the Flemiſh painter,
at the inftance of the arch-duchefs Eugenia. Don Car-
los de Colonna was fent from the court of Madrid into
England to conclude the negociation. The views of
Spain were at this time turned towards Italy and France;
and the great object of the politics of the king of Spain's
favourite, Olivares, was to humble Richlieu. Charles
eagerly embraced a propofal fo propitious to the defigns
he had formed againſt his own fubjects. The articles of
the peace were figned at Madrid, the fifth of November, Peace with
1630. They only confirmed former treaties, and were
equally difgraceful as were the articles of the lately-con-
cluded treaty with France. In the one, no ftipulations
were demanded in favour of the Hugonots, who, con-
trary to the moft folemn promiſes of protection, were
abandoned to the will of their fovereign*; in the other,
Spain.
+ The duke de Rohan implored the performance of theſe promiſes.
in the following pathetic letter:
«Sir,
"The deplorable accident of the lofs of Rochelle, which God hath
pleaſed to permit, to humble us under his hand, hath redoubled in the
fpirit of our enemies the paffion which they have for our ruin, and the
hopes to attain thereunto: but it hath not taken away from thoſe
churches of the provinces that courage or affection of oppofing, by a
juſt and vigorous defence, their unjuſt deſigns. This is that which
hath
-
།
86
,
HISTORY OF ENGLAND.
1
Ann. 1629. no conditions were made for the Palatine, though his
reftitution was the only object of the war. Nor were
-
-
hath made them take up a refolution, and affemble themſelves toge-
ther, and to ſtand in a body amidst thoſe commotions, to affift me with
their good counfel, and provide with me means for their deliverance.
And becauſe the moſt powerful mean which God hath raiſed them
upon earth is the aid which our churches have received, and do expect
from your majefty, the general affembly have defired that my letter
(which folely hitherto reprefented the intereft of the public caufe)
might be joined to the moſt humble fupplication, which they repre-
fent. I do it, Sir, with fo much the more affection, becauſe I am wit-
nefs that this poor people breathe after your affiftance, having once
laid down their arms, which the oppreffion of the enemy made fo ne-
ceffary; and, becauſe they knew it was your defire, took them up
again, when they learned that your majeſty obliged them to it by your
counſel, and by your promiſes. Upon this fole affurance, they have
expoſed themſelves to all dangers, overcome all obftacles, confumed
their goods, and are ftill ready to fpill their blood,,even to the laſt
drop. Your good will they have found more dear than their lives; and
notwithſtanding the promiſes and menaces which their enemies have
made uſe of to move them, they have not been induced to make any
breach of thoſe oaths by which they were tied never to hearken to any
treaty, but with your majeſty's confent. All the churches of this king-
dom, which are linked together to an unexampled fidelity, are glorious
objects of your charity and power: you are, Sir, defender of that faith
which they profefs. Do not fuffer it to be unjustly oppreffed. You
have ſtirred up their affection by your royal promifes, and thofe facred
words, that your majefty would employ all the power of your king-
doms to ſhield thoſe churches from the ruin that threatened them, and
have been, next to the favour of God, the only foundation of their
hopes. They thought it to be one of the higheſt crimes they could
-commit to doubt of the performance thereof. If the beginning of
their miferies hath moved your compaffion, this fad fubject hath in-
creaſed upon them with fo much violence, that there is nothing but
your aſſiſtance can prevent their abfolute deſtruction: for at this day
the greateſt miſdemeanors which our enemies accufe us of, and publiſh
that it cannot be expiated but by our blood, is the imploring and hop-
ing
مرغ
6
{
CHAR LE S I.
87
}
the States confulted in this pacific meafure, tho' Charles Ann. 1629.
had entered into a treaty with them to check the ambi--
tious views of the Spaniſh monarch..
*
THE difgraces which the Britiſh arms had lately fuf-
tained, funk the reputation of England to fo low an ebb,
that he was infulted by all nations. In the port of
ing for your affiftance. Our goods for this are-confifcated and de-
ftroyed; our farms. defolate and burned to afhes; our heads expoſed to
the block; our families baniſhed; our temples demoliſhed; and every
where, where the cruelty of our ruinous enemies can extend, men
and women beaten to maſs with ftaves. In fhort, the horror and per-
fecution we fuffer is fo great, that our words are too weak to expreſs
them.
66
Furthermore, we fee even at our doors powerful armies, which
only wait the time to deſtroy thofe retiring-places that are left, and
after that baniſh the exerciſe of religion, and maffacre the faithful.
throughout the kingdom.. Hereupon, if I fhould entreat your majefty
not to abandon. us, I fear by theſe words to offend a great king, fo
powerful and fo faithful: but I will take upon me the boldneſs, by
reaſon of our preffing neceffities, to fupplicate your ready affiſtance to
hinder our falling under the ftrength of our enemies. Your majefty
need not ſearch elſewhere but in your own profound wisdom and expe-
rience, to render your fuccour redoubtable to thoſe that deſpiſe it, and
advantageous to thoſe people that expect it.. By this means you will
gain the greateſt glory that can be defired: You will free from fire and
fword 300,000 families, which pray to God continually for your pro-
fperity; will preferve a people whom God hath purchaſed by his blood,
and have kept their faith towards God and man, amidst the greateſt
diſtractions and cruel fufferings; will place the fidelity of your word,
the reputation of your ſtate and your armies, in a point worthy of fo
much grandeur; and in checking the boldness of thoſe who undertake
to blaſt it daily with unworthy reproaches, will add to your title that
of the reſtorer of the moft innocent people in the world, and the moſt
inhumanly perfecuted." Rushworth, vol. II. p. 4, & feq.
Alexandria,
4
www
88
HISTORY OF ENGLAND.
& feq.
Ann. 1629. Alexandria, before the treaty with France was concluded,
Rushworth, four Engliſh men of war pillaged three fmall veffels of
vol. II. p. 27, Marſeilles.
On the complaint of the French conful to
the baſhaw of Aleppo, the Engliſh merchants were im-
prifoned, and their magazines and merchandize feized.
Moreover, the grand vizier, at that time encamped at
Aleppo, in his way to Babylon, fent for the Engliſh con-
Engliſh con- ful, and after ufing him with great indignity, ordered
ful infulted. him to be hanged, with his interpreter. The interpreter
was immediately put to death. The conful, after hav-
ing lain fome time in a dungeon, obtained his life and
liberty, at the price of 30,000 ducatoons.
It does not
appear, that this injurious outrage was ever reſented by
the Engliſh court: The heroifm of Charles and his mi-
niftry was totally confined to the triumphs they daily
obtained over the laws and conftitution of their country.
Tonnage and The duties of tonnage and poundage were now preſſed
poundage le-
vied with
with fuch unremitting violence, that the opulent merchants
Rushworth, began univerfally to take the alarm, which was greatly
8. encreaſed by the ſeverity of the orders * iffued from the
council-board to that effect.
rigour.
vol. II. p. 8.
& feq.
1
* That warrants fhould be directed to the officers of the cuſtoms
in the ports of London and elſewhere, to feize and detain the goods of
any that ſhould attempt to land without warrant till the cuſtoms were
paid; that fuch merchant-goods as remained on ſhip-board be removed
into ſtore-houfes at the cuſtom-houſe-quay, and, for want of room,
into the Tower; to remain there till his majefty's duties, and the freight
due to ſhip-maſters, were fatisfied. And whereas attempts were made,
by replevin directed to the fheriff of London, to obtain thoſe goods
out of the ftore-houſes, the meffengers of the council were appointed
to detain them in their keeping, and to apprehend and keep in fafe
cuſtody all perſons that ſhould make reſiſtance. Letters of command
were
Y
CHARLES I.
89
To prevent the danger of a mutiny, directions were Ann. 1629.
fent to the lord-lieutenants of the refpective counties,
and to the lord-mayor of London, to put the militia on
a formidable footing. The farce of proclamations and
orders from the council-board againſt recufants, was again
played over, and the biſhop of Chalcedon was hunted out
of England by the regular priefts, who had for fome time
feverely perfecuted him; he was received and cheriſhed
by cardinal Richelieu.
#
Rufhworth,
& feq.
IRELAND abounded with fuch enormous grievances, Affairs of
that an offer was made to Charles from that diftreffed Ireland.
people of a releaſe of 150,000l. which had been bor- vol. II. p. 16,
rowed of them, with a grant of three fubfidies to be
paid in three years, on condition that certain oppreffions
ſhould be redreſſed, and a parliament called to provide for
fuch things as fhould be found neceſſary for the good of
the commonwealth. The conditional favours that were
granted the Iriſh on the acceptance of this offer, fhew the
illegality of the government that had been hitherto ex-
erciſed over this people *
were fent to the officers and magiftrates of the ports of the kingdom,
to affift the officers of the cuftoms in cafe of oppofition.
Another ſtrict order was made, enabling the meffengers of the
council to enter into any fhip or veffel, houſe, warehouſe, to ſearch
in any trunk or cheft, to break any bulk whatſoever, in default of the
payment of cuſtoms; and to apprehend all perfons that ſhould give
out any ſcandalous fpeeches againſt his majeſty's fervice, or caufe any
diſturbance.
* In conſequence of the terms obtained from the Engliſh court by
the Iriſh deputies, the following inftructions were fent to lord Falk-
land, then deputy, and to the council of Ireland: That provifion
fhould be made againſt the laying any burthen upon the Iriſh for the
VOL. II.
N
pay-
1
90
HISTORY OF ENGLAN D.
Ann. 1629.
To the regulations, calculated for the general good
and quiet of the realm, was added one in favour of Ro-
payment of foldiers, except in cafes of inevitable neceffity; and againſt
the granting protection to perfons against whom judgment had been
given in any of the courts of law; to refume, or limit in their exer-
ciſe, ſeveral grants and patents for the felling of aqua vitæ, wine, and
other commodities; regulations to be made in the commiffions for re-
ftraining the oppreffions of foldiers, in the manner of collecting the
King's rents, of laying affeffments for robberies, of granting reprieves
to malefactors, of fummoning grand-juries, and impofing fines upon
the abfent; the fees of officers of courts, fheriffs, and clerks of the
market, to be moderated; the number of provoſts-marſhal to be re-
duced to one in a province, their power reftrained, fo as not to execute
any perfons that might be brought to a trial at law, unleſs in time of
rebellion; witneffes in private cauſes not to be bound over to the Ca-
ftle-chamber, nor jurors to be bound over to any court, but upon very
apparent fufpicions of corruption and partiality; cuftodiums of lands
granted upon out-lawries to be diſcharged immediately upon fight of
certificates of the reverfal thereof; the teftimony of perfons notoriouſly
infamous, and capitally convicted, not to be admitted for the condem-
nation of any fubject, but under certain reſtrictions; fpeedy juftice to
be done to the poor; the court of wards to be regulated; certain rules
to be obſerved for the better diſcharge of the paftoral care; certain in-
dulgencies to be granted for the advancement of trade, fuch as the
tranſporting out of the kingdom, tallow, hides, freſh beef, and pork
in cafk, without licence; for the better fecuring the fubjects in the
quiet enjoyment of their lands, the King to take no advantage of any
title accruing to him antecedent to the term of fixty years; the Scots
of the undertakers in Ulfter to be made denizens, and all of them to
be confirmed in their eftates, on doubling their rents, and paying a
fine of thirty pounds for every thouſand acres. To quiet the minds
and ſecure the poffeffions of the lords, gentlemen, and freeholders of
Connaught and Clare, they were admitted to inrol the furrender made
in the laſt reign; and fuch as had a mind to make new furrenders,
were to have the fame accepted and inrolled, and new patents paffed
to them. The lords and gentlemen of the province of Connaught
and the county of Clare, had, on a compofition, furrendered their
eftates into the hands of Elizabeth, but had neglected to inrol their
fur-
}
}
CHARLES I.
91
man Catholics; that the lawyers, and fuch as held in Ann. 1629,
capite of the crown, fhould be diſpenſed with in regard
of the oath of fupremacy, and, on their taking an oath
of allegiance to Charles as lawful king of the realm,
allowed to practife, and fue their liveries outer les mains.
On this and other indulgencies, the Popiſh party grew
fo affuming, that they openly profeſſed their religion in
every part of Ireland. They founded a new univerſity
at Dublin, to breed up the youth in an entire devotion
to the Pope; erected friaries, monafteries, and nunne-
ries, and repleniſhed them with votaries; faid maſs in
the churches, excommunicated thoſe who, even in ma-
trimonial caufes, applied to the Spiritual-court, and raiſed
a tumult at Dublin on the magiftrates attempting to ap-
prehend an officiating prieft. On the lord-deputy's iffu- Guthrie,
iffu-Guthrie,
ing out a proclamation, commanding them to forbear
the public exercife of their Popiſh rites, they carried
their complaints to court againſt the government of Ire-
land. The King had the complaiſance to recal the deputy,
1
furrender, and to take out letters-patent for them. Theſe were granted
them in the thirteenth year of king James; but not being inrolled in
Chancery, their titles were ſtill defective. This omiffion was occafioned
by the neglect of a clerk entruſted by them. They had paid near
three thouſand pounds to the officers at Dublin for the inrolment. Not-
withſtanding that an act of ftate had paffed in their favour in the year
1618, and that they had paid great fums of money for it, the crown
entertained a project of refumption. It was laid afide on the danger
that might accrue from making fuch an experiment on a province,
ftrong from its fituation, and from the number of its inhabitants. For
a farther fecurity to all the proprietors, their ſeveral eftates to be con-
firmed to them and their heirs by the next parliament to be held in the
kingdom, in which an act was to be paffed for a general pardon.. Carte's
Life of Ormond, vol. I. p. 47, & feq.
N 2
and
vol. III.
92
HISTORY OF ENGLAN D.
Ann. 1629.
Heylin's Life
of Laud,
Meaſures to
advance the
hierarchy.
and appointed Loftus the lord-chancellor, and the earl of
Cork, the lord-treaſurer, to manage the affairs of that
kingdom. Theſe, it is faid, had private orders to flacken
the perfecution which was intended by the council of Ire-
land againſt the Roman Catholics.
WHILST, from the neglect or connivance of govern-
p. 199, & feq. ment, the Papifts thus triumphed in Ireland, fome im-
portant fteps were taken to improve the hierarchical
ty-
ranny in England. Laud, and Harfnet archbiſhop of
York, drew up a paper for the benefit of the church:
after it had received the King's approbation, it was fent
to the archbiſhops, by them to be communicated to the
bifhops of both provinces. It contained nine articles,
called Regal Inftructions: they are precautions againſt the
Puritans, or any diffenting from the doctrine approved of
by authority. Laud wrote letters to all the archdeacons
in his diocefe, exhorting them to the performance of what
the King required, at the peril of lofing his majeſty's fa-
vour, or whatſoever elfe might follow *.
In confequence of this exhortation, and the aforefaid inſtructions,
one Palmer, a popular minifter, was filenced by the commiffioners, on
the accufation of Dean, archdeacon of Canterbury, That he read
prayers againſt the miniftry's will, and not according to the canon ;
that in the catechifing he took upon him to declare the King's mind in
his inftructions; that he had never heretofore read prayers, or uſed the
furplice in the church; that he preached a factious fermon in the ca-
thedral-church, and detracted from divine fervice there; that factious
parties in all the pariſhes in the town were his auditors. Abbot, the
archbiſhop of Canterbury, who diſliked the limitations concerning lec-
turers, in the King's inftructions, with other articles tending to eftab-
liſh Arminianifm, and knowing the worth and innocence of Palmer,
authorized him, and one Udnay, another filenced minifter, again to
preach, and inhibited the archdeacon from his jurifdiction. Many
other
:
!
}
}
CHARLES I.
93
}
As a reward to the minifters of the city of York for Ann. 1629..
their punctuality in obferving the late inftructions to the
clergy, an addition was made to their yearly mainte-
nance, by an arbitrary tax laid on the rent of houfes in
York, Davenant, bishop of Sarum, was called before
other minifters were fufpended, and enjoined recantation, for lightly
touching on any points contrary to Popery, or the new doctrine.
A patent having paffed the great feal for a collection towards the re-
lief of the exiled Palatine minifters, Laud objecting to a particular
claufe in it, the patent was cancelled, and a new one granted, with the
offenſive paffage left out. The claufe was as follows: "Whofe cafes
are more to be deplored, for that this extremity is fallen upon them
for their fincerity and conftancy in the true religion, which we, toge-
ther with them, do profefs, and which we are all bound to maintain to
the utmoſt of our powers; whereas theſe religious and godly perfons,
being involved amongſt others their countrymen, might have enjoyed
their eſtates and fortunes, if, with other back-ſliders, in the time of trial
they would have fubmitted to the antichriftian yoke, and would have
renounced or diffembled the true religion.
*
སྙ
>>
Prynne tells us, that when the patent with the above claufe was
fhewed to Laud, he fell in a great paffion, and protefted, that were it
not for his refpect and engagement to the queen of Bohemia, the Pa-
latine miniſters fhould have no collection; that he could find in his
heart to quash it; however, he would have a patent drawn in another
form. After this, fecretary Cook and the lord-keeper Coventry were
fent for to the King: They acquainted him, that the patent was made
according to the former precedents; that they had his majefty's hand
and royal affent thereto; it had paffed the great feal, and could not
now be altered. To this the King anfwered,
"It muſt be altered;
the archbishop will have it fo; draw another according to his mind."
So great was this prelate's care left the Engliſh church ſhould be fullied
with the principles of the reformed religion, that on the prince pala-
tine's coming into England in the year 1637, a declaration of the faith
and ceremonies of the Palfgraves churches being publiſhed, they were
ftrictly called in, and feized by the High-commiffion purſuivants. Trial
of Laud, by Prynne, p. 391, & feq.
7
the
}
94
HISTORY OF ENGLAND.
Ann. 1629. the council, and feverely reprimanded for having, in a
fermon preached at court, flightly touched on the points
prohibited in the King's declaration. The univerſity of
Oxford vied with its rival, Cambridge, in complaifance
to the royal inclinations: on the death of the earl of
Pembroke, which happened in the beginning of this
year, they elected Laud their chancellor *, who ruled the
こ
​* There was not a general conformity among this learned body to
the humours and defigns of the court. Ford of Magdalen-college,
Thorne of Baliol-college, and Hodges of Exeter-college, being con-
vented before the vice-chancellor, Dr. Smith, for preaching againſt the
King's inſtructions, appealed from him to the convocation: The proc-
tors received the appeal. By the means of Laud, the matter came be-
fore the King and council, who paffed a ſentence that Ford, Thorne, and
Hodges, ſhould be baniſhed the Univerſity, and that both the proctors
fhould refign their offices. Dr. Prideaux rector of Exeter-college, and
Dr. Wilkinſon principal of Magdalen-Hall, received a ſharp admonition.
for their behaviour in this buſineſs. The town of Plymouth fhewing an.
intention to chufe Ford their lecturer, they were required not to do it,
on pain of the King's diſpleaſure, and the biſhop of Exeter was enjoined.
not to admit him in that capacity.
Mr. Hodges, on an abject fubmiffion in the following preſcribed form,
was reftored to the Univerfity: 1ft, A public recantation-fermon in
St. Mary's church in Oxford, confeffing his great offences in preaching
contrary to his majeſty's declaration. 2dly, A fubmiffion and recanta-
tion in the convocation-houſe, before the whole affembly of doctors,
proctors, &c. In this he was to acknowledge, that he fell upon the de-
livery of thoſe points which, by his majeſty's royal injunctions, were for-
bidden him to meddle with at all; and that he let fall fome paffages
which might be taken to the diſparagement of the government of the
church; for which offence he had deferved the ſharpeft of cenfures, and
fevereſt of puniſhments; and therefore his royal majefty juftly rewarded
him for the fame. He was to implore the pardon of the Univerſity in
general, and more eſpecially of the moſt honourable chancellor of that
Univerfity. Rushworth, vol. II. p. 110, & feq. Heylin's Life of Laud,
p. 215. Prynne's Trial of Laud, p. 174, & feq.
con-
CHARLES
95
I.
confcience of his pious mafter with a defpotic tyranny. Ann. 1529.
He was his fpiritual and political guide, and from this
circumſtance had an entire ſway in the High commiſſion
court, the Star-chamber, and the Privy-council; which laft
had now erected itſelf into añ abſolute court.
minifters.
of Laud,
MR. Bernard, lecturer of St. Sepulchre's, London, Perfecution of
preached a fermon at St. Mary's in Cambridge, in which
were ſome paffages againſt the introducing of Pelagian
errors, and Romiſh fuperftitions, into the church of Eng-
land. On his refufing to make a public recanta ion,
penned for him, he was fined in the High-commiffion
court one thouſand pounds, fufpended from his mini-
ſtry, condemned in cofts of fuit, and committed to pri-
fon, where he died: The confequence of his impriſon-
ment, it is faid, fhortened his life. One Workman, lec- Prynne's Trial
turer in the liberty of Gloucefter, was, for the offence p. 103, & feq.
of preaching againft images, fufpended from his office,
excommunicated, ordered to make recantation of his er
roneous and fcandalous doctrine, condemned in coſts of
fuit, and imprifoned. The corporation of Glouceſter,
approving much of this man for his diligent perform-
ing the duties of his function, had, on account of his
great family, granted him an annuity of twenty pounds
per ann. under their common feal. For this act of ge-
nerofity, Laud fummoned the mayor, and other of the
aldermen, before the council-table, as delinquents. The
deed was cancelled, and two of the defendants fined ten
pounds apiece, though their council alledged, that the
grant ought firſt to have been proved illegal, and the
whole corporation, whofe act it was, made parties to
the fuit. The unfortunate Mr. Workman, thus deprived
of
96
HISTORY OF ENGLAN D.
•
Ann. 1630. of his annuity, having, after fome months imprifon-
ment, obtained his liberty, taught children in private:
Laud forbid him to follow this occupation. He then
practifed phyfic for the fupport of his family; but the
mercileſs Laud prohibiting him this reſource, the diſtreſſed
man funk under his poverty and affliction, and in a ſhort
time died.
Leighton's
cruel ufage.
A
THESE exceffes, when compared to what follows,
were but moderate abuſes of that abfolute fovereignty
which Charles had affumed, and delegated `to Laud.
Alexander Leighton, a doctor of divinity, a Scotfman,
and a zealous Puritan, by the defire of fome of the party,
had written and publiſhed a book, called, "Zion's Plea
againſt Prelacy." It contained fome warm, imprudent
invectives againſt the prelates, and the conduct of thoſe
in power.
Soon after the publication of the work,
without an information upon oath, or legal proof *
who was the author, Leighton, as he was coming from
church, was arrefted by two High-commiffion purfui-
vants. They dragged him to the houſe of Laud, where
he was kept till feven in the evening, without food..
Laud returning home at this time in great pomp and
ftate, with Corbet biſhop of Oxford, Leighton demanded
to be heard. The haughty Laud did not deign to fee
him, but fent him to Newgate: He was clapped into
irons, and confined in an uninhabitable apartment,
where, notwithſtanding that the weather was cold, and
the fnow and rain beat in, there was no convenient
place to make a fire. From Tueſday-night to Thurſday-
* The book was printed beyond fea.
>
į
noon,
CHAR L
AR LE S
E S I.
97
1
At
II.
P• 55• .
noon, he was unfupplied with food; and in this infer- Ann. 1630.
nal dwelling was kept fifteen weeks, without any friend,
not even his wife, being fuffered to come near him.
His own houſe was in the mean time rifled by the of-
ficers of the High-commiffion court; his wife and child
treated by theſe ruffians with great barbarity; himſelf
denied a copy of the commitment; and the fheriffs of
London refuſed to bail him, on his wife's petition.
the end of the fifteen weeks, he was ſerved with a ſub-
pœna. Heath, the attorney-general, on an affurance
that he ſhould come off well, extorted a confeffion from
him, that he was the author of the book. An infor-
mation by Heath being lodged in the Star-chamber, Ruworths,
he confeffed the writing of the book, but with no & feq.
fuch ill intention as the information ſuggeſted. He
pleaded, that his aim was to remonftrate againſt cer-
tain grievances in church and ftate, under which the
people fuffered, to the end that the parliament might
take them into confideration, and give fuch redreſs as
might be for the honour of the King, the quiet of the
people, and the peace of the church. This anſwer not
being admitted as fatisfactory, the following cruel ſen-
tence, by the unanimous confent of all the members of
this tyrannical court, was pronounced againſt him,
though fick and abfent: "That he ſhould pay a fine of
ten thouſand pounds to his majefty's ufe; and in re-
ſpect that the defendant had heretofore entered into the
miniſtry, and the court of Star-chamber did not uſe to
inflict any corporal or ignominious puniſhment upon
any perfon fo long as they continued in orders, the
court referred him to the High-commiffion, there to be
degraded of his miniſtry; that done, for farther puniſh-
VOL. II.
O
ment,
9:00
98
HISTORY OF ENGLAND.
L
Ann. 1630. ment, and example to others, the delinquent to be
brought into the pillory at Weſtminſter (the court fit-
ting), and there whipped; after his whipping, to be fet
in the pillory for fome convenient ſpace; to have one of
his ears cut off, his nofe flit, and to be branded in the
face with S. S. for a fower of fedition; then to be car-
ried to the priſon of the Fleet; and at fome other con-
venient time afterwards to be carried into the pillory at
Cheapfide upon a market-day, to be there likewife whip-
ped, then fet in the pillory, have his other ear cut off,
and then be carried back to the priſon of the Fleet, there
to remain during life, unleſs his majeſty be graciouſly
pleaſed to enlarge him *."
This fentence was given at
the end of Trinity-term. It was not till Michaelmas-
term following, after the degradation, that it was put
in execution. The evening before the intended day of
fuffering, Leighton eſcaped out of prifon. He was ap-
prehended in Bedfordſhire, and brought again to the
Fleet †.
ON Friday, November the fixteenth, part of his fen-
tènce was executed in this manner: In the New-Palace-
* It is faid, that when this fentence was pronounced, biſhop Laud
pulled off his cap, and gave God thanks for it.
+ Laud, the fuperintendant of all the cruelties committed at this
period, made on this incident the following memorial: "Leighton
was degraded at the High-commiffion, Tueſday the ninth of Novem-
ber. That night Leighton broke out of the Fleet. The warden
fays, He got, or was helped, over the wall; and moreover profeſſed,
he knew not this till Wedneſday-noon: He told it not me till Thurf-
day-night. He was taken again in Bedfordſhire, and brought back to
the Fleet within a fortnight." Laud's Diary by Prynne, p. 16.
Yard
CHARLES I
99
4
Yard at Weſtminſter, in term-time, he was feverely whip- Ann. 1630.
-
ped, then put in the pillory, where he had one of his
ears cut off, one fide of his nofe flit, branded on one
cheek with a red-hot iron with the letters S. S. and
afterwards carried back again prifoner to the Fleet, to
be kept in clofe cuftody. On that day ſevennight, his
fores upon his back, ears, nofe, and face, not being
cured, he was whipped again at the pillory in Cheap-
fide, and there had the remainder of his fentence exe-
cuted upon him, by cutting off the other ear, flitting
the other fide of the noſe, and branding the other cheek.
Dr. Leighton, in his own account of this horrid execu-
tion, adds, that the hangman was made half-drunk, and
enjoined to perform his office with ferocity; that he
ſtood, after receiving the puniſhment of the laſh, almoſt
two hours in the pillory, expoſed to froſt and ſnow, and
then fuffered the reft; that being with theſe miſeries dif-
abled from walking, he was denied the benefit of a coach,
and carried back to prifon by water, to the farther en-
dangering his life. Elphinſton and Anderſon, two of his
friends and countrymen, who helped to procure his ef
cape, were for this act of humanity fined in the Star-
chamber five hundred pounds a-piece, and committed to
the Fleet during the King's pleaſure.
·
I HAVE been more particular in the account of this
barbarous exertion of power, becauſe almoft every other
hiftorian, either from tenderneſs to the character of the
government, or from motives of abhorrence to the na-
ture of the offence given by the wretched fufferer, has
paffed it over in a very flight manner. It muſt be own-
02-
ed,
7
HISTORY OF ENGLAN D.
Ann. 1630. ed, that Leighton, fired by an ungovernable zeal, and
provoked by the mischievous conduct of the people in
power, had made a very bold attack on the ecclefiaftical
conftitution as maintained by Charles, and had been bit-
ter in his reflections on the Queen, who, from the in-
fluence ſhe had now gained over her huſband, was ge-
nerally regarded as the principal cauſe of his unpopular
government. Notwithſtanding all that may be faid
againſt the conduct of this unfortunate enthuſiaſt, his
offence was by no means adequate to his puniſhment ;
his treatment and profecution notoriouſly inhuman and
illegal; the judgment paſſed againſt him was by an ar-
bitrary court, whofe juriſdiction was unconſtitutional,
in a manner created by the crown, and cheriſhed as a
never-failing engine of defpotifm. The tyranny it at
prefent exerted outwent every example of former ages:
It was the ready minifter of vengeance to all that op-
pofed the weak and wicked defigns of a bigoted, arbi-
trary monarch; and entirely influenced in its conduct
by the perfecuting furious ſpirit of an arrogant ufurp-
ing prieft, who was purſuing with the utmoſt violence
the plan of an abfolute, independent, ecclefiaftical go-
vernment. The ſentence it had lately paffed againſt the
unhappy Leighton was directly contrary to the humane
fpirit of the Britiſh laws; and the fingle inftance of ſuch
an execrable barbarity would have difgraced the govern-
ment of an abfolute monarch.
4
THE public were ſtrongly affected by this impolitic
act of cruelty. Laud increaſed the popular clamour by
feveral Popiſh fopperies which he introduced on his con-
fecration
1
1
f
C
IOI
HARLES I.
Rushworth,
& feq.
fecration of St. Katherine's Creed's Church, which had Ann. 1630.
been new built by the parishioners, and for fome time vol. II. p.76,
prophanely made ufe of for religious offices, without the
ceremony of a new confecration. This coming to the
pious prelate's ears, he ſuſpended it from all divine fer-
vice till he had performed this office, which he did with
much folemnity, to the furprize of an infinite number
of fpectators, who were ignorant of the neceffity of
fuch a ceremony *. The communion-table was removed
66
* On his coming to the Weft-door of the church, feveral loud
voices, previouſly prepared, cried out, Open, open, ye everlaſting
doors, that the king of glory may come in." On the doors opening,
the biſhop entered the church, and fell on his knees; then, with his
eyes lifted up, and his arms expanded, he uttered theſe words: "This
place is holy; the ground is holy; in the name of the Father, Son,
and Holy Ghoft, I pronounce it holy." Then going towards the chan-
cel, he ſeveral times took up the duft, and threw it in the air. When
he approached the communion-table, he bowed frequently towards it;
and returning, he and his attendants went round the church in procef-
fion, repeating the hundredth pfalm; after this the nineteenth pfalm;
and then faid a form of prayer, which concluded thus: We confe-
crate this church, and feparate it unto thee as holy ground, not to be
prophaned any more to common uſes." After this, the biſhop, at the
communion-table, pronounced imprecations on all that ſhould pollute
that holy place, by muſters of foldiers, keeping prophane law-courts,.
or carrying burthens through it. On the conclufion of every curſe he
bowed towards the Eaft, and faid, "Let all the people fay -Amen."
When the imprecations were ended, he poured forth bleffings on all
thoſe that had any hand in framing or building that facred and beauti-
ful edifice, and on thofe that had given, or fhould hereafter give to it.
any chalices, plate, ornaments, or utenfils. On the conclufion of
every benediction he in like manner bowed towards the Eaft, and faid,
"Let all the people fay Amen." A fermon fucceeded. Then the bi-
ſhop confecrated, and adminiftred the facrament in the following man-
ner: As he approached the communion-table, he made many low re-
verences, and coming up to that fide of the table where the bread and
wine
7
#
102
HISTORY OF ENGLAN D.
1
An³, 1630. from the middle of the area, where it had hitherto ſtood
in all churches, except in cathedrals: it was placed in
the Eaſt-end, and denominated an altar. It is difficult
to imagine how violent the zeal of this man was to in-
troduce theſe kind of innovations. In adminiftring the
facrament, kneeling at the altar and ufing of copes were
rigorously infifted on; the crucifix refumed its confe-
quence; and the churches were ornamented with pictures
that were to be found in the maſs-books *
wine were placed, he bowed feven times. After reading many prayers,
he approached the facramental elements, and lifted up the corner of
the napkin wherein the bread was laid. When he beheld the bread,
he fuddenly let fall the napkin, ſtarting back a ſtep or two, bowed
three feveral times towards it, then drew near again, opened the nap-
kin, and bowed as before. Then he laid his hand on the cup, let it
go again, went back and bowed thrice towards it, then drew near and
lifted up the cover; on ſeeing the wine, he let fall the cover, again re-
tired back, and bowed as before. After this ceremony, he received the
facrament, and adminiftred it to others. Many prayers followed, which
concluded the folemnity of the confecration.
The fame was acted over at the church of St. Giles's in the Fields:
and Laud after this confecrated two new-built churches; the one at
Hammerſmith, and the other at Stanmore Magna in the county of
Middleſex, with divers chapels, obliging the ſeveral pariſhes to pay
fees to himſelf and officers for performing thofe ceremonies. Heylin's
Life of Laud, p. 212, & feq.
* Sherfield, the recorder of Saliſbury, was profecuted in the Star-
chamber for having, in the windows of St. Edmund's church in that
city, deſtroyed, by an order of the veſtry, fome panes of painted glaſs
that repreſented the Creation. To the information lodged againſt him
in this court, he argued, that the church was a lay-fee, exempted
from the juriſdiction of the bishop of the dioceſe; and that the pa-
rifhioners had lawful power, without fpecial licence from the biſhop,
to take down the glaſs of the window, and repair it with white glafs.
He farther pleaded, that the window was not fair and coftly, as the
information ſet forth, but of very rude work; that it was of four
lights
CHARLES I
103
To give to religion that external magnificence agree- Ann. 1630.
able to the defigns of the Arminian prelacy, the active
lights only, and not any of the fair windows in the church. He de-
nied the riotous breaking of the window: He took a few fmall quar-
ries of it down, in a quiet and peaceable manner; that it was not a
true hiſtory of the Creation, but a falſe deſcription of the fame, wretch-
edly executed; that the painter, to exprefs God the Father, had
painted the forms and pictures of divers little old men, feeming bare-
footed, and clothed in long blue coats; that he held it ungodly, and
altogether unlawful, to frame any image or fimilitude of God the Fa
ther, Creator of Heaven and earth, and the firſt perſon in the Holy
Trinity; that this his belief was the doctrine of the church of Eng-
land eſtabliſhed by act of parliament in 13 Eliz.; that according to an
act of parliament, ann. 1 of this queen's reign, injunctions were pub-
liſhed, whereby all that had cure of fouls were commanded to inftruct
their parishioners to deftroy pictures and monuments of idolatry and fu
perſtition, that no memory thereof might remain in walls, glaſs win-
dows, or elſewhere; that it was to be enquired of in the vifitations whe-
ther all images, pictures, paintings, and other monuments of idolatry,
were removed; and that theſe injunctions being grounded on the ſtatute
of the 1 Eliz. were yet in force.
Notwithſtanding this plea, the court pronounced fentence, That
Mr. Sherfield ſhould be fined five hundred pounds, and removed from
his office; that he ſhould repair to the lord-biſhop of his dioceſe, and
make acknowledgment of his offence and contempt, before fuch per-
fons as the biſhop ſhould call unto him; and that he ſhould be bound
to his good behaviour.
Biſhop Laud, who was very vigilant in this profecution, made a
long ſpeech, in which he endeavoured to prove, that the cuſtom of fet-
ting up images was not only inoffenfive but laudable. "God the Fa-
ther, in the prophet Daniel, was called the Ancient of Days; and
images had been uſed in the earlieſt times of the church. However
that might be, the act which Mr. Sherfield had committed was highly
criminal, becaufe done in contempt, or at leaft in neglect, of the au-
thority of the church. If it had been the idol of Jupiter, and the
people had profeſſed divine worſhip to it, it would have been criminal
in Mr. Sherfield to deface it, without lawful authority, as could be
proved from ſcripture." Laud complained, that there had been many.
info--
104
HISTORY OF ENGLAND.
?
Ann. 1630.
Rushworth,
vol. II. p. 88,
& feq.
s
Laud undertook the repairing and rebuilding of St.
Paul's. His devout maſter, by his authority and coun-
tenance, encouraged the expenfive project, and, with all
infolencies committed in that church: A bishop's bones had been taken
up, and all to bury a tanner's wife. 'Mr. Sherfield had been guilty of
breaking a confecrated thing: It pleafed God to give him a fall upon
the place; yet theſe things had not wrought him to confeffion that he
had done amifs. Laud finiſhed his harangue with prophefying, that the
time would come in this kingdom when all thoſe who defpifed the church
would be brought low.
Neile, archbishop of York, made an elogium on the ufe of images
and the crucifix; he reprimanded the defendants for afferting, that the
authority queen Elizabeth had to reform, and ſet forth her injunctions,
were given her by parliament: The ftatute of the firſt of Elizabeth, he
ſaid, was but an act declaratory, not to be taken as if the Queen, with-
out it, had no power to meddle with the things of the church. He that
faid, Per me reges regnant, giveth this authority to the King.
Lord Cottington gave a fevere fentence againſt Sherfield, as did the
lord Arundel, who alleged, that it was not unlawful to exprefs God
the Father by reprefentation. The earl of Dorſet faid, that in the text
of Daniel was meant God from eternity, and not God to be pictured
like an old man, creating the world with a pair of compaffes. He and
all the temporal members, who differed from the prelates in this fen-
tence, made many profeffions of their veneration for the power of the
church; that Sherfield was highly criminal in not paying due refpect
to its authority, and ought to make acknowledgment to the biſhop.
State Trials, vol. I. p. 377, & feq.
Smart, prebend of Durham, having complained to the Commons in
the
year 1628, that Dr. Cofens had introduced in that cathedral ſeveral
Popiſh innovations, he was, after the diffolution of the parliament, fuc-
ceffively brought into the High-commiffion courts at Durham, Lambeth,
and York, deprived of all his ecclefiaftical livings, impriſoned ſeveral
years, and his preferment given to others.
From the acceffion of Charles to this period, the plague had conti-
nued to rage with more or leſs violence in the city of London. It car-
ried off this year 1317 perfons. Rushworth, vol. II. p. 80.
*
the
C
105
HARLES I
power.
the oftentation of royal parade, made a vifit to this ca- Ann. 1631.
thedral; where, after divine fervice was performed, he
folemnly promiſed not to be wanting in the piety of his
beſt endeavours to the repair of thofe ruins which time,
the cafualties of weather, or any other accident, had
brought upon it. Legal juftice was a virtue that made Ads of
no part of the religious or moral character of Charles:
fo, in the execution of this new fcheme, power ſupplied
the defects of law, and every obftacle to the undertak-
ing was removed by an exertion of that unlimited au-
thority which he had affumed over his fubjects. By an
order of the privy-council, St. Gregory's church, being
an impediment to the work in hand, was, at the great
expence of the inhabitants, removed. Houfes and fhops
were pulled down, and the proprietors obliged to accept
fuch a compenfation as ſhould be adjudged adequate by
commiffioners appointed by authority. In thofe counties
where there was found a flownefs in contributing to the
briefs iffued forth under the great-feal, perfons of wealth
and influence were quickened by reprehenfions from the
council-table*.
Sir Francis Knowls and Sir Thomas Vachel, two juftices of peace
for the county of Berks, received letters wherein they were taken to
taſk, "for delaying to publiſh his majeſty's commiffion, and forbear-
ing to expreſs their own liberalities to fo pious a work; and were en-
joined, for the redeeming of opportunity already let flip, to redouble
their diligence, and to return an exact account of the money given by
themfelves and others, that the King, being therewith acquainted,
might diftinguifh between fuch as were forward and well-affected,
and fuch as were flack and remifs in doing God and him fervice.”
To fhew the expence requifite to repair this cathedral, and orna-
ment it according to Laud's plan, it may not be improper to relate,
that from the zeal of that faction devoted to the church, and mo-
VOL. II.
Р
ney
*
:
106
Ann. 1631.
Preface to
vol. II.
[
HISTORY OF ENGLAN D.
WHILST Laud was thus exalting the crofier, render-
ing his mafter the fubftitute of metropolitical power,
and the privy-council the executioners of ecclefiaftical in-
folence and cruelty, Charles was ftudying the means to
Rushworth, raiſe a fum of money that ſhould provide fufficiently for
the ſupport of the crown, without the affiftance of par-
Impofitions. liament. The firft expedient practiſed was not only to
continue tonnage and poundage, but alſo to enhance
the book of rates upon feveral merchants goods; and
the collection of fuch rates to be enforced out of the
courfe of the ordinary courts of ´juftice. The next was
a proclamation, in which every man that had been pof-
feffed of forty pounds a-year for three years, and had
not been knighted at the King's coronation, was fum
moned to compound, as well for their fines and con-
tempts, as for their reſpite to take that order upon them *
Many were put to great expence in the Exchequer and
Star-chamber, for refufing to pay the compofition-mo-
'
:
ney extorted by various ways from the reſt of the fubjects, the publis
contributions amounted to upwards of 101,3301. The King gave up-
wards of 10,000l. and the fines and commutations in the High-com-
miffion and ſpiritual courts were commonly affigned to this ufe: A ge-
neral murmur arofe, that penalties were impofed for a tax to St. Paul's.
The public was not only diffatisfied at the arbitrary manner in which
this buſineſs was conducted, but at the many new images and ornaments
with which this ftately edifice was adorned. Complete Hift. vol. II. p. 67.
Whitlock, p. 17. Heylin's Life of Laud, p. 222, & feq.
* This was an exceffive degree of oppreffion, becauſe Charles had;
on account of the plague which raged in London at the time of his co-
ronation, in a manner diſpenſed with the attendance of fuch fubjects as
were qualified to be knights. There is reaſon to believe, that money
was extorted from people that were not in poffeffion of forty pounds.
a-year. Vide Strafford's Letters, &c. vol. I. p. 419..
ney,
+
CHARLES I.
107
Franklyn's
ney*, required to be one third and a half as much as Ann. 1631,
the perfons compounding would be rated in the gather- Annals,
ing of a tax of three fubfidies and a half.
James Malverer, of Arncliffe in the county of York, fubmitted
to the judgment of the court of Exchequer, what fine they ſhould
think fit to impofe on him. The court refufed that courſe of impofing
a fine, and put the party fubmitting to compound with commiffioners
in the county. Malverer complained, that afterwards, upon writs of
diftraint from the Exchequer, feveral exceffive fines were returned upon
his lands, amounting to the fum of two thouſand pounds, a great part
of which he paid. In like manner the lord-chief-baron, and the reſt
of the barons of the Exchequer, did order the fame undue proceedings
againſt Thomas Moyfer, Efq; and againſt ſeveral other his majeſty's fub-
jects, in different parts of the realm, to the undoing of many of them:
Rushworth, vol. II. p. 135, & feq.
It is faid, that above an hundred thousand pounds was brought into
the Treaſury, extorted on this bufinefs of knighthood. The impofi-
tion was fo univerfelly difliked, that many of the fheriffs neglected to
execute their orders, and return the names of perfons qualified. The
attorney-general was directed to proceed, by information in the Exche-
quer, againſt the fheriffs that ſhould appear to have been moft negli-
gent. Rushworth, vol. II. p. 70.
This impofition was grounded on a ftatute made in the first year
of Ed. II. called Statutum de Militibus. It exempted thofe from taking
knighthood that were not poffeffed of twenty pounds a-year; thofe that
were not of age, and thoſe whofe land was held in manors, that were
ancient demefnes of the crown, which land was obliged to pay talliage;
thofe clerks in holy orders which held lay-fees, and thoſe which held
burgage-land; thofe who had held their lands but a fmall time; thofe
who pleaded great age, default of their members, or any other incurable
infirmity, as charge of children, or of fuits, were admitted to compound
on reaſonable fines. Vide Statutes at Large.
This ftatute was enacted when the fyftem of feudal fervices in per-
fon during war, exiſted; and though it was now aboliſhed, yet as this
ftatute, which had been made whilft it was in full force, remained un-
repealed, Charles's miniftry pretended, that the right of impofing the
honour remained ſtill with the crown; and that the King might oblige
P 2
all
.p. 381.
108
HISTORY OF ENGLAND.
1
Ann. 1631
In order to exerciſe the militia, and put them on a
formidable footing, each county was affeffed at a certain
fum for the entertainment of à mufter-mafter appointed
for that fervice. Compofitions were again openly made
with recufants, notwithſtanding a ſtatute enacted, in the
laft parliament of James's reign, againft the difpenfa-
tion of penal laws. The fame ftatute had aboliſhed mo-
nopolies, but had left an exception in favour of new in-
Monopolies.. ventions.
Under the pretext of theſe, and of erecting
new companies and corporations, monopolies were again
revived on all forts of commodities: foap, falt, wine,
vol. II. p. 12, leather, fea-coals, pins, ftarch, even to tlie fole gathering
of rags *
Rushworth,
Preface to
vol. II. and
& feq.
A LARGE revenue was raiſed by theſe oppreffions †.
Proclamations continually iffued from the council, en-
all perfons to be knighted, or to pay compofition: the qualification to
be forty pounds a-year..
Befides the palpable injuſtice of receiving a tax founded on a ſyſtem
that did not now exift, twenty pounds a-year in the time of Ed. II. was
equivalent to two hundred in the ſeventeenth century.
* An office was erected for the fealing of cards and dice, a new il-
legal tax. A patent was granted to one Francis Tucker, gentleman,.
and others, giving them power to dig or delve in any place in England
and Wales for hidden treaſure, on their paying to the crown the fourth
part of what they fhould find, and making fatisfaction according to the
valuation of the next juftice of peace. Another patent was granted to
one David Ramſey, for the fole privilege of ſeparating metals, on con-
dition that one third of the profit ſhould be paid to the crown. Rush-
worth, vol. II. p 103, & feq. Rymer, vol. XIX, p. 157, 201..
Soap-boilers were prohibited the trade, unless they entered into
the new-erected corporation. It paid 10,000l. in advance, and 81. per
Moreover, an office was erected with full powers to fuperintend
the faid corporation, and to mark fuch foap as fhould be thought fit.
ton.
for
CHARLES I
109
J
joining what was not enjoined by law; and the Star- Ann. 1631.
chamber cenfured by heavy mulcts and impriſonments.
any difobedience to thefe proclamations *
?
for fale: The fubject was prohibited to fell any faap unleſs fo marked.
It is eaſy to fee the evil confequences to trade that fuch an oppreffive
power, exerciſed by the crown, muft produce: Like other national
evils, it affumed pretenfions to public utility-the preventing the
bringing any bad foap to market. An information was prefixed in the
Star-chamber, by Noy, the attorney-general, againſt fixteen ſoap-mnak-
ers, defendants, charging them with feveral offences contrary to letters-
patent and proclamations touching the making and uttering of foap,
and uſing the trade of foap-makers. The defendants fet. forth feveral
acts of parliament, letters-patent, charters, cuftoms, and acts of com-
mon-council of the city of London,, and others matters materially con-
ducing to their defence, and in conclufion pleaded Not Guilty. The
court of Star-chamber referred to Sir Robert Berkley, one of the juf-
tices of the court of King's-Bench, to confider of the impertinency,
as it was termed, of the defendants anfwer. Berkley certified the
ſaid court, that the whole anfwers, excepting four words, and the ten
laft lines, fhould be expunged, leaving no more ſubſtance than the
plea of Not Guilty. On another reference to Sir Robert Berkley, on
the pretended impertinency of the interrogatories, and depofitions of
witneffes taken on the defendants part, he certified, that the faid in-
terrogatories should be fuppreffed.. By reaſon of this certificate, the
fixteen defendants were, by a. fentence of the court of Star-chamber,
committed to the Fleet, difabled from ufing their trade of foap-mak-
ing; one of them fined in the fum of 1500l.. two of them in 1000 1.
a-piece, and four of them in 1000 marks a-piece. The corporation
of ftarch-makers covenanted to pay into the Exchequer, for the firſt
year the fum of 1500l. for the fecond year the fum of 2500l. and
after the faid two years the fum of 3500l. per ann. A furveyor and
commiffioners were alfo appointed by the crown to fuperintend this
company. Rushworth, vol. II. p. 12, & feq. p. 136, 165. vol. III. Ap-.
pendix, p. 109,
* This court, on every pretext, condemned to exceffive fines for the
King's ufe all thofe that were cited before them. The printers of a new
edition of the book of Common-Prayer fuffered a large pecuniary mulēt
for leaving out one letter,.
1
:
One
ΙΙΟ
HISTORY OF ENGLAND.
Ann. 1631
THE old obfelete laws of the foreft were revived, by
which not only great fines were impofed, but great an-
nual rents intended to be fettled by way of contract.
The better to effect the fame, examples were made, by
fentence in the Star-chamber againſt ſeveral perſons for
depopulations, nuiſances in building, pretended encroach-
ments upon the forefts; with other things of the like
Proclamation. nature *. A proclamation was iſſued to inform the pub-
•
One Allinſon, for faying that the archbishop of York had afked a
limited toleration for the Papifts, was condemned to a fine of 10001,
to be committed to prifon, to be bound to his good behaviour during
life, to be whipped, to be fet in the pillory at Weſtminſter, and at
York, Ipfwich, and Yarmouth.
1
Lord Morley was fined 11,000l. for quarrelling in the court of
Whitehall with Sir George Theobalds, one of the King's fervants.
Laud gave his vote that this cenfure fhould be 20,000l. Rushworth,
vol. II. p. 269. Strafford's Letters, vol. I. p. 335.
One Maud was fined 5000 1. for faying, that he heard the King went
to maſs with the Queen. Pickering, for faying the King was a Papift
in his heart, was deeply fined, fet in the pillory in two ſeveral places;
and loft both his ears. Strafford's Letters, vol. II. p. 180.
One Greenville was fined 4000l. and to pay 40001. damages for
faying that the earl of Suffolk was a baſe lord. Rushworth, vol. III.
Appendix.
Sir Richard Wiſeman, for fome offences of the fame kind againſt the
lord-keeper, was deeply fined, both to the King and to that lord, was
fet in the pillory, and degraded from his rank of a baronet. Strafford's
Letters, vol. II. p. 180.
One Bennet was fined 1000l. to the King, and 1000l. to the earl of
Marlborough, for faying, that the faid earl had dealt bafely with him,
in not paying him 30l. which was due upon bond. Strafford's Letters,
vol. II. p. 128.
* On the authority of fome old ftatutes, which had been repealed
in the twenty-firſt of James, againſt depopulations, or the converting
arable lands into paſture, Sir Anthony Roper was fined 4000. This
fevere, illegal ſentence terrified others into compofitions, which brought
in
"
}
CHARLES I.
I II
il
vol. XIX..
p. 168.
fic, that his majeſty had renewed a commiffion to fome Ann. 1631.
lords, judges, and council learned, to fell, grant, and
confirm to them, all poffeffions to which their titles were Rym. Fœd.
any way defective, by making fuch compofitions as the
faid commiffioners fhould approve and accept. Letters
were fent to the juftices and barons of the Exchequer to
frame orders for an office of receiver and collector of
fines and forfeitures, erected by the late King, and con-
firmed by the prefent. On the meeting of the judges,
they concluded that the patents for this office were
againſt law and the King's profit. Nor was the beha-
viour of the judges of Weftminſter-Hall fo condeſcend-
ing as it had been *: They ftrenuouſly refuſed to com-
in a large fum. Like compofitions, or heavy fines, were exacted for en-
croachments on the King's Foreſt, the limits of which, by parliamentary
decrees, had been eſteemed arbitrary and unjuſt: They were now ex-
tended much beyond the ufual bounds. The foreft of Rockingham was
increaſed from fix miles to fixty; and the encroachers were fined. The
earl of Saliſbury 20,000l. the earl of Weſtmoreland 19,000 l. Sir Chri-
ftopher Hatton 12,000l. Sir Lewis Watfon 4000l. lord Newport 3000l.
Sir Robert Banniſter 3000l. with many other lefs fines. Strafford's Let-
ters, vol. I. p. 335, 337. vol. II. P. 117.
The Foreſt buſineſs was fo highly refented, that many hundreds of
the ordinary fort underwent heavy fines for refifting thoſe that encloſed
for his majeſty's ufe according to the new claim. Rushworth, vol. III.
-Appendix et cu
qli
On the authority of a ftatute of the 3r Eliz. a commiffion was exe-
cuted againſt poor cottagers who had not four acres of ground laid to
their houſes. This was even more burdenfome to the poor than the tax
of fhip money. Strafford's Letters, vol. II. p. 117.
ati
*Sir Giles Arlington was questioned by the High-commiffioners for
having married his niece: He pleaded, that it was not within the Le-
vitical interdict, and brought the affair into the Common-Pleas. The
court of Common-Pleas granted two rules; one, requiring the. High-
commiffioners to fhew caufe why a prohibition fhould not be granted,.
and:
112
HISTORY OF ENGLAND.
Ann. 1631. ply with the royal commands, not to grant any more
prohibitions againſt the Prerogative-court, of which Sir
Henry Martin was judge *.
and the other intimating, that if they proceeded a prohibition ſhould
follow. Charles ſeverely chid the judges for this encroachment, as he
termed it. On Laud's proteſting, that he would excommunicate them
in his own dioceſe, and denounce it himſelf at St. Paul's, if the arch-
biſhop of Canterbury did not do it in his province, they defifted. Sir
Giles was forced to fubmit to the High-commiffion court: He was fen-
tenced to pay a fine of 12,000l. to the King, to give 20,000 l. fecurity
never to cohabit with his niece, and to be imprifoned, or give fufficient
bail, till himſelf and bride had done penance at St. Paul's Croſs, and
St. Mary's Church in Cambridge.
* This command was in compliance with the dictates of a paper pre-
fented by biſhop Laud to the King, entitled, Confiderations for the
better fettling the Church-government.
گھر
The nation was kept in continual alarm by the vifible advances
Charles and his favourite Laud were daily making towards the over-
throw of the conftitution. Some time before this, a paper had been
handed about, entitled, A Propofition for his Majefty's Service, to bri-
dle the Impertinence of Parliaments. It confifted of two parts; the
firft was to fubdue the power of parliaments, and the other for in-
creafing the royal revenue. The reader may fee the propofal at large
in Rushworth, vol. I. Appendix, p. 12, & feq... Many of the particu-
lars have, to the misfortune of this country, been fuccessfully and
fubftantially carried into execution by the minifters who fucceed-
ed theſe times. They were but too congruous to the practices of
Charles, to his arbitrary levies of money, to his declarations againſt
parliaments, his infringement of their privileges, and avowed refo-
lution not to acquiefce in their determinations. When they were
communicated to the public, they fet the nation into fuch a flame,
that the court found it neceffary to endeavour to vindicate them-
felves. The earl of Bedford, the earl of Somerfet, the earl of Clare,
Sir Robert Cotton, Mr. Selden, and Mr. St. John, were committed to
priſon, and profecuted in the Star-chamber, for being the authors and
publiſhers of the libel. In the courſe of the trial it appeared, on the
- oath
2
2
CHARLES I.
113
'
}
WHILST England, in regard to foreign affairs, en- Ann. 1631.
joyed a perfect calm, whilft its fubjects were totally en-
gaged in making feeble defences againſt the vigorous
attacks of the crown and hierarchy, Germany exhibited Affairs of
an active ſcene of a different nature. The authority the
houſe of Auſtria had gained in that continent threat-
oath of Sir David Fowlis, that the ſcheme had been written fome time
ago by Sir Robert Dudley, a diſcontented Papift refiding in Tufcany,
who, in right of his grandfather, had taken upon himſelf the title of duke
of Northumberland. This fcheme he had fent to James, on the differ-
ences between him and his parliament; "concluding, as the ingenious
Mr. Walpole, in his Catalogue of Royal and Noble Authors, ſuppoſes,
no method ſo eaſy or fure of recovering his own right, as to inſtruct the
King how to ufurp upon the rights of his fubjects." Sir Robert Peyton
avers, that the written project was taken out of the King's cabinet by a
fervant of the houſhold, and carried to Carr earl of Somerfet, who ſhewed
it to the earl of Clare, Mr. St. John, and Mr. Selden.
The defendants denied their having any concern in the publication, and
pleaded that they ought not to be queſtioned for it, being written in the
time of king James, and not in reference to his majefty's government,
which they had not the leaſt thought or intention to ſcandalize.
Before the determination of the caufe, Charles fent a meffage to the
court, to ſtop farther proceeding againſt the defendants, on account of
the Queen's being brought to-bed of a fon: this happened on the twen-
ty-ninth of May, 1630. The King rode with extraordinary pomp to
St. Paul's, to give God thanks for the public bleffing. A ftar happen-
ing at the fame time to appear in a clear fky, the court-flatterers infifted
much on the incident; medals were ftruck in honour of the prince's
nativity, repreſenting the ftar at his birth, and the following motto:
Hactenus Anglorum nulli. Monarchical writers complain, that the people
in general teftified little joy on this occafion: they rather mourned the
increaſe of a family that had fhewed themſelves fuch enemies to the free-
dom of the conftitution; and the birth of a prince who would fuck in
ſuperſtition with his milk, and from education and example imbibe thofe
principles of arrogance and tyranny that rendered his parents formida-
ble to the peace of the kingdom. Rushworth, vol. II. p. 51, & q.
Echard, vol II. p. 93. Guthrie, vol. HI. p. 907, & feq.
fq.
Germany.
;
VOL. II.
encd
114
HISTORY OF ENGLAND.
In
Ann. 1631. ened the entire fubverfion of the free conftitution of the
empire; and was become fo formidable to the neigh-
bouring potentates, that the houfe of Bourbon began to
enter into deep and ferious fchemes for abating the grow-
ing power of that rival family. The oppreffion of the
Rushworth, Proteftants raged with an exceeding violence *: Ferdi
vol. II. p. 36,
& feq.
nand declared, that there fhould be none but Catholic
magiſtrates through all his hereditary dominions.
the circle of Suabia, orders were given that they ſhould
be deprived of their poffeffions, and the Catholics rein-
ftated in the goods of the church. In confequence of
this mandate, the Proteftant churches were ſhut up; the
adminiſtration of the univerfity of Prague vefted in the
hands of the Jefuits; the paftors of the reformed religion
not only ordered to forbear the exerciſe of their faith,
but to leave the country, and live in a perpetual baniſh-
ment. The fame feverities were exercifed in the town
of Halberstadt. Wallenftein, the general of the Impe-
rialiſts, was invefted with the dukedoms of Mecklen-
burgh, and a declaration publiſhed by the emperor againſt
the legal poffeffors, accufing them of high-treaſon. The
court of Vienna no longer diffembled its deſigns to fup-
prefs the Proteftant religion, extinguiſh the liberties of
the empire, and render the Imperial crown hereditary in
the houſe of Auftria. Wallenftein openly boafted, that
the electors would foon be reduced to the condition of
Spaniſh grandees. An edict was publiſhed at Vienna,
commanding the Proteftants to reſtore, without lofs of
time, the ecclefiaftical benefices in their poffeffion, parti-
* The Proteftant married women of Bohemia were perfecuted in an
extraordinary manner. Vide Harte's Life of Guftavus Adolphus, 4to. 1759,
vol. I. p. 121, & feq.
cularly
}
CHARLES I.
115
cularly the archbishoprics, bishoprics, prelacies, hoſpitals, Ann. 1631.
and all the other effects of the church, occupied by them
fince the treaty of Paffaw in the year 1555.
2
ON this momentous occafion, the eyes of all men were
fixed on Gustavus Adolphus, king of Sweden, whoſe war-
like genius had rendered him the moſt diſtinguiſhed mo-
narch of that or any other age. He was at this time en-
gaged in a war with the king of Poland. The kings of
England and France joined their good offices to mediate
a peace*, in hopes of engaging Guftavus to undertake
the defence of the liberties of Europe. From the per-
fuafions of theſe princes, and the invitations of the Ger-
man proteftants, Guftavus undertook the invaſion of that
country. The king of England agreed to furniſh him
with fix thouſand men; but that he might preſerve the
appearance of neutrality, they were levied in the mar-
quis of Hamilton's name.
2
DURING thefe fecret negotiations, the emperor con-
voked a diet at Ratifbon, in order to prevail with the
princes to elect his fon king of the Romans. He had
already invefted him with the kingdom of Hungary,
and the crown of Bohemia, which he now confidered as Rushworth,
vol. II. p. 64;
an indefeaſible inheritance of the houſe of Auftria. Fer- & feq.
dinand endeavoured to vindicate himſelf from being the
author of a war that had fo long ravaged the empire,
and laid the whole blame on the princes of the Evange-
lical league, but particularly on the Palfgrave. He pro-
pofed to the diet, to paſs an act that he ſhould continue
A truce was agreed on for fix years between Sweden and Poland.
Rushworth, vol. II. p. 35.
iQ2
a ba-
}
116
Ann. 1631.
1
2
HISTORY OF ENGLAN D.
a baniſhed man, and that the princes there affembled
ſhould never entertain peace or amity with him. He
then excufed himſelf concerning his feizing the duchy
of Mantua on the death of its prince, pretending that
it was only to maintain the authority of the empire in
Italy. He propoſed, that if a treaty then on foot, touch-
ing a difference between him and the king of Sweden,
did not fucceed, that the princes of the empire fhould
provide money for maintaining a ſtanding army; that
they ſhould take meaſures to reſtore martial difcipline,
to eſtabliſh proper regulation for the quarters and paf-
fages of foldiers; and that the king of Sweden ſhould
be threatened with the whole power of the empire. In
anſwer to theſe propofals, the princes electors laid open
the grievances of the empire. The elector of Saxony,
protector of the Augſburg Confeffion, preffed him to re-
peal his edict, reftore the city of Augſburg to the frui-
tion of its ancient liberty, and compel his officers to re-
fund the contributions they had levied in almoft all the
provinces of the empire. His old ally, the elector of
Bavaria, dreading the confequence of his growing great-
nefs, had privately folicited cardinal Richelieu to un-
dertake the defence of the liberties of the empire; and
now declared, that the deliberations of that affembly
could not be free whilft the emperor had an army of
150,000 men at his devotion. The greateſt part of the
Catholic princes exhorted him to divert the Proteſtants
from an union with the king of Sweden, by granting
to them, for a term of forty years, the enjoyment of the
ecclefiaftical benefices they had poffeffed fince the treaty
of Paffaw.. Farther they gave him to underſtand, that
as a previous ſtep towards the accompliſhment of his
fon's
毒
​i
1
1
}
C H ARLES
A RLE S I.
117
fon's election, it would be neceffary to diſband the greateſt Ann. 1631.
part of his troops, and take the command of his army
from Wallenftein, to whofe large commiffion, given with-
out their confent, they attributed great part of the out-
rages and injuries they had fuffered during the courſe of
the war. Ferdinand yielded to theſe remonftrances, dif-
miffed Wallenftein from his fervice, obliged him to refign
the inveftiture of the duchy of Mecklenburg, and retained,
of all his army, but 40,000 troops.
*
On the meeting of this diet, Charles gave orders to
Sir Robert Anftruther, his refident at the court of Den-
mark, to apply to the emperor in favour of the reftitu-
tion of the elector-palatine to his dignity and patrimony.
The ambaſſador pleaded, that nothing could affect his
maſter more than the confideration of the daily calami-
ties undergone by his brother-in-law, the prince-elector,
his wife and children; that no place was more expedient
to treat of peace, reconciliation, and re-eſtabliſhment,
than in the diet: therefore he made it his ardent requeſt
to his Imperial majefty, that having regard to the many
interceffions of his late father, and other kings and
princes, he would remit the diſpleaſure conceived againſt
his brother, and recal the preſcription iſſued out againſt
him. True it was his brother had offended, and was in-
excufably guilty, unleſs the raſhneſs and precipitation of
youth might fomewhat plead for him; but others had
been as culpable, whom yet his Imperial majefty had re-
ceived into favour; and would he be pleaſed to extend
to him the fame clemency, it would oblige his maſter to
demonftrations of the greateft gratitude, and raiſe a glo-
rious emulation in others to imitate fo excellent a pattern;
that
1
118
HISTORY OF ENGLAND.
¡
Ann. 1631. that the Palfgrave would entertain his favour with a
heart fo firmly devoted to his fervice, fo as all the inten-
tions of his fpirit fhould be difpofed to compenfation
and reparation of his former miſcarriages; that his ma-
jefty of Great Britain held nothing fo dear as the ffec-
tion of his Imperial majefty, and eſtabliſhment of a dura-
ble
peace between them; and as upon all occafions he
had been forward to repreſent himſelf folicitous for it
fo at this time he was ready to give more ample teftimo-
ny, if his Imperial majefty was pleaſed to incline to a
treaty. The anfwer returned to this humble interceffion
was, that if the prince would aſk pardon, renounce the
crown of Bohemia for ever, and his own electorate for
himſelf and his heirs, and enter into no farther intrigues,
either with German princes or foreigners; on theſe con-
ditions he promiſed, from motives of bounty and cle-
mency, to reſtore to him part of a province, and allow
him a penſion. Frederic rejected theſe propoſals with ſpi-
rit, notwithſtanding the king of England had given An-
ftruther powers to become refponfible for his fubmiffion.
Charles was fo amufed with the emperor's propoſals, that
it prevented him from entering into an avowed alliance
with the king of Sweden, tho' he had taken fome pains
to bring that prince into Germany.
THE Proteftant princes, after the breaking up of the
diet, obtained leave to hold one for themſelves at Leip-
fick, on pretence of concerting meaſures for an accom-
modation with the emperor touching the edict of refti-
tution The deliberations of this affembly turned upon
the grievances of the empire. They unanimously re-
folved tɔ levy an army of forty thouſand men, and to
form
1
CHARLES I.
119
form a ftanding council. They fent a declaration to the Ann. 1631.
emperor, importing, that notwithstanding their refolution
to raiſe troops, they fhould be perfectly well diſpoſed to
preſerve the peace, if the grievances they complained of
were redreffed. After the conference at Leipfick, all par-
ties prepared for hoftilities.
ON the landing of Guftavus, he was immediately
joined by the duke of Mecklenburg, and other Pro-
teftant princes. The Imperial troops were in a ſhort
time driven out of the iſland of Pomerania, and from
this period a continued feries of victory attended the
arms of the Swediſh hero. In an important battle fought
at Leipfick, the experienced general Tilly, and his army
of veterans, were totally defeated by the valour of the
Swedes, and the conduct of their leader. The affairs of the
houſe of Auſtria began to grow defperate: Half of Ger-
many was fubdued by the victorious Swede; the duke of
Saxony had made himſelf mafter of Bohemia; the land-
grave of Heffe had caft himſelf on the fide of the con-
queror; and the duke of Bavaria was inclining towards
the ſcale of fuccefs. In this turn of fortune, the em-
peror had again recourfe to his old general Wallenftein,
whom he inceffantly preffed to refume his command; at
length Wallenftein complied, and undertook to raiſe an
army of eighty thouſand men, provided that during his
fervice he was fole and abfolute, not to be commanded
by the king of Hungary, the emperor's fon, or directed
by the councils of Vienna. This experienced officer foon
changed the face of affairs: He recovered Egra, Prague,
and all the kingdom of Bohemia. A battle was fought
at Lutzen, between him and the Swedifh monarch, who
perifhed
120
HISTORY OF ENGLAND.
Ann. 1631. perifhed in the midſt of the conteft *. To the almoſt
fingular honour and reputation of his troops, they ob-
tained a compleat victory, notwithſtanding the loſs of
their leader.
Harte's Life
of Guſtavus
Adolphus,
SOME time after the battle of Lutzen, Wallenftein, by
the dictates of the treacherous councils at Vienna, was
vol. II. p. 52. privately profcribed by the emperor, and himſelf and
four colonels under his command, who were particularly
attached to his perfon, bafely murdered at Egra. The
bloody deed was perpetrated by fome Scotch and Iriſh
officers, the Germans and Italians having refuſed to im-
brue their hands in their general's blood. After his
death the emperor feized on all his effects. Thus he re-
warded the man who had facrificed every confideration to
his fervice †, and by whoſe military endowments he had
been enabled to tyrannize over Germany.
By the fagacity and conduct of that diftinguiſhed po-
litician Oxienſtern, who governed the affairs of Sweden
during the minority of their young queen Chriſtina, the
war was kept alive in Germany for feventeen years. The
French contributed their aſſiſtance, and after the death of
Guftavus openly declared war againſt the houſe of Auſtria.
Notwithſtanding a jealoufy and divifion among the al-
lies, a treaty of peace was concluded at Munfter, much to
the advantage of France, Sweden, and the Proteftant in-
* Puffendorf, in his Hiftory of the Swedes, fays, that Guftavus was
killed by his ally, Francis-Albert duke Lawenburg, who had been
bribed by the Imperialifts to commit this infamous act.
+ Wallenftein had been bred a Proteftant.
?
tereft
CHARLES I
121
*
२
tereft, and to the great weakening of the power of the Ann. 1631.
Auftrian family.
THE unhappy elector-palatine, foiled in every at-
tempt to re-eſtabliſh his broken fortune, had reaped
no fruit from the uninterrupted ſeries of fucceſs which
had attended the king of Sweden. The manner in
which the king of England had affifted him, rather
diſguſted than obliged this monarch. The Britiſh aux-
iliaries, commanded by Hamilton, in his own name,
fhewed Charles either afraid or aſhamed to eſpouſe the
cauſe of Liberty, and had caſt a damp upon the Proteſt-
ant intereft. The States General refufed to engage in the
in the Rushworth;
quarrel, unleſs the king of England would declare him- vol. II. p. 62.
ſelf a contracting party; and the princes of Germany
grew cold and reſerved. Guftavus expoftulated on this
conduct, and required that the Britiſh monarch ſhould
fend over ten thouſand men, to be paid by himſelf as a
party against the emperor: If this was agreed to, the
marquis of Hamilton fhould be general in chief, and
no peace concluded with the emperor till the elector-
palatine was reinftated. Charles, inſtead of immediately
cloſing with this advantageous propofal, fent over Sir
Henry Vane to negotiate a treaty *. He had been
fo Rushworth,
long in determining the point, that Guftavus told his vol. II. p.1gi.
ambaffador, It was too late to enter into engagements
for the reftitution of the Palatinate. He could not ftipu-
* Sir Thomas Roe, who had been fome time agent at Guſtavus's
court, was recalled, becauſe he fhewed himſelf forward and zealous for
Charles's contributing a powerful affiftance. Sir Henry Vane was fent.
in his place, as a man more inclined to peace, and whofe opinions were
more congruous to the king of England's councils.
VOL. II.
C
R
late
122
HISTORY OF ENGLAN D.
t
Ann. 1631. late to make war upon Bavaria for the prefent, having
juſt concluded a treaty with the French, by which they
were to furniſh him a yearly penfion of 1,200,000 li-
vres during the continuation of the league; he having,
on his part, obliged himſelf to grant a neutrality to the
duke of Bavaria. That his mafter had too long depended
on the Spanish treaty, which was a fault had prejudiced
the cauſe much. "If, added he, we had concluded be
fore the arrival of the French ambaffador, I could have
attacked Bavaria, but I cannot undertake to war againſt
the houſe of Auftria, France, and the Catholic league."
He afterwards propofed, that the king of England ſhould
furniſh an addition of twelve thouſand men, and twenty-
five thousand pounds per month for their maintenance;
that he ſhould engage to enter into a war with Spain, if
Sweden was attacked from that quarter; and moreover,
that the Lutheran religion fhould be eſtabliſhed in the
Palatinate. On thefe conditions, he faid he would en-
gage never to ſheath his fword till the Palatinate fhould
be re-conquered, and delivered to its lawful poffeffor.
Guſtavus moreover made it his requeſt, that Frederic
fhould repair immediately to the Swedish army, and
march with it into his own dominions. Theſe pro-
pofals were in a manner rejected by Sir Henry Vane.
Guftavus, totally difgufted with the politics of Charles,
whom he had fo often in vain preffed with many argu-
ments to furniſh an effectual affiſtance *; and, perhaps
you
* At the end of a letter he wrote to inform Charles of his victory
at Leipfick, he fays, "We doubt not, but you will receive the news
of this victory with affection and joy; that
will confider the pre-
fent opportunity as a circumftance not to be neglected, directing your
whole attention to this fingle object, and making it your royal care to
advance
簿
​CHARLES I.
123
elated with that torrent of fuccefs which had attended his Ann. 1631.
arms, in a farther conference with the ambaffador, talked
in the following high terms concerning the reftitution
of the Palatinate,
"THAT the Palſgrave ſhould hold his dominions as a
donative of the king of Sweden :
"THAT he fhould make no martial levies without
the Swede's confent:
"THAT during this war he fhould furnish the Swede
with fo many thouſand men upon his own pay:
" THAT two of his chiefeft towns fhould ftand cau-
tionaries for the performing of covenants:
THAT he should make no league nor article with
any other prince, without the Swede's confent."
Rushworth,
vol. II. p.166.
the duke of
fol. ed. 1677,
Harte's Life
SIR Henry Vane propofed, on the part of the king of Memoirs of
England, that Hamilton fhould have the complement of Hamilton,
Swediſh foldiers which had been firft ftipulated to him; p. 21.
that they ſhould be paid with Engliſh money, and aug- of Guftavus,
mented with a body of troops from Great Britain, that vol. I. p. 357,
fhould make a large army, to be led by Hamilton into
the Palatinate. Guftavus, who was now determined not
to admit Charles but in the quality of a fubordinate ally,
advance the good of the Chriftian world, and promote the welfare of
your own relations, by affiftances in men and money, and by magnani-
mous refolutions." Harte's Life of Gustavus, vol. I. p. 412, & feq.
R 2
rejected
& feq.
}
124
HISTORY OF ENGLAND,
[
Ann. 1631.
rejected the propofal with diſdain, and ordered the nego-
tiations to be broke off. Sir Henry Vane and the mar-
quis of Hamilton were recalled. What remained of the
Engliſh troops, reduced to two regiments, were left be-
hind, and continued to ſerve the king of Sweden.
+
HAMILTON, by the concurrence of unfortunate ac-
cidents, had gained neither honour to the Britiſh arms,
nor advantage to the king of Bohemia. On his in-
terview with the king of Sweden, immediately before
the battle of Leipfick, it was determined that he ſhould
guard Cuftrin, Frankfort, Lauſberg, and the other paf-
fages on the Oder, that if a battle was loft the Swedes
might make a ſafe retreat. On his arrival at Frank-
fort, the plague carried off one-third of his army. Af-
ter the battle of Leipfick, he was ordered to march
into Silefia, with a reinforcement of two hundred horfe,
and three hundred foot. He relieved Croffen, furprized
Guben, and was preparing to attack Glogaw, when he
received diſpatches from the king of Sweden, informing
him, that the elector of Saxony had undertaken the con-
queft of Silefia. Hamilton was commanded to march
back again, through the fame defolated countries he had
left in Lower Saxony, in order to befiege Magdeburg *,
a well-fortified town, which had three thouſand men in
garrifon. His
His army confifted of his Britiſh troops, now
diminiſhed to fifteen hundred men, three thouſand Ger--
* This place had been taken the year before by Tilly. The Impe
rialiſts committed execrable cruelties: The whole city was reduced to
aſhes, except the cathedral, and a few fiſhing huts on the banks of
the Elbe. Above thirty thouſand of the inhabitants periſhed in the
carnage.
蔬
​man
$
HARLES I.
125
man foot, and one thouſand Swediſh horſe.
Guſtavus Ann. 1631.
fent him a reinforcement under general Bannier, that in-
creaſed the number of his forces to feven thouſand men.
Magdeburg, after having been reduced to great difficul-
ties, was upon the point of capitulating, when the gar-
rifon was unexpectedly relieved with a recruit of thirteen Ann. 1632.
hundred men; and Pappenheim, with a body of Impe-
rial forces, was coming to its affiſtance. Hamilton ftre-
nuouſly infifted on fighting the enemy: Bannier differed
in opinion, and produced a commiffion from Guſtavus,
appointing him general of the Swedes and Dutch in that
army, together with orders not to hazard an engagement.
Hamilton was forced to fubmit, and to draw off his
troops from the town. Pappenheim carried off the gar-
rifon of Magdeburg, with all the rich effects that Tilly
had brought together from the plunder of his victories.
On his retreat, Hamilton took poffeffion of Magdeburg.
After this expedition, he got fo little affiftance from the
king of Sweden, who was determined not to indulge
him with an independent command, that he was obliged
to incorporate his remaining forces into the German
troops; whilſt he himſelf, till he was recalled, ferved as-
a volunteer under Guftavus *..
* This German expedition of Hamilton's, which turned out fo ins
differently, had ſubjected him to a whimſical accufation of treaſon.
From motives of refentment, either on the fufpicious death of his fa--
ther, whom, it was vulgarly noiſed, died by poiſon, or from hatred to
Buckingham on another fubject-the being forced to marry his niece
by the countess of Denbigh, he had retired from court. In this private
way of life he continued from the laſt year of James's reign till the
death of Buckingham, when, by the repeated folicitations of Charles,
he accepted of the place of mafter of the horſe, gentleman of the bed-
chamber, and was made privy-counſellor of the kingdoms of Scotland
and
126
HISTORY OF ENGLAND.
2
Ann. 1632.
THUS Charles loft a fair opportunity of fharing the
glories and the conquefts of the king of Sweden, that
i
and England. Soon after this, by the advice and direction of Charles,
he entered into the forementioned engagements with the king of Swe-
den, for the levy of the ftipulated contingency. Charles not only fur-
niſhed him with a large fum of money, but granted him a leafe of the
cuftoms of the wines in Scotland for fixteen years. Thefe and other
extraordinary marks of royal favour raifed fo much envy amongſt the
creatures of the court, that one Ramfey, a man employed by Hamilton
in the buſineſs of levying foldiers, having talked to the lord Reay, a
general officer in the Swediſh ſervice, in a loofe unguarded manner con-
cerning the tyrannical conduct of the Britiſh miniftry towards the Pu-
ritans, with other expreffions of diftafte to the government, Reay pre-
tended Ramſey had acquainted him, that the levies which were going
on under the marquis of Hamilton were to be employed in afferting
his claim to the crown of Scotland; that he was to be joined by the
earls of Haddington, Roxburgh, and Buccleugh, who were to furprize
the forts, impriſon the royal family, and ftrike off the heads of the
chief minifters, both in Scotland and England. This the lord Reay
carried to the lord Ochiltree, the lord Ochiltree to Wefton the high-
treafurer, who magnified it in fuch a manner to the King, as to alledge
a probability that the marquis, if admitted into the King's bed-cham-
ber, might murder him. Charles, who was not apt to entertain fuf-
picions against his favourites, treated the matter flightly, admitted Ha-
milton to his prefence, and diſcloſed to him in a very friendly manner
the accufation which had been charged against him. The marquis de-
fired to be immediately tried, and offered himfelf to reftraint till he
was cleared. To this the King would not confent; and, as a farther
mark of an extraordinary confidence, commanded him to lie in the
bed-chamber that night. When Ramfey was called upon, he abfolutely
denied the converfation with which he was charged by Reay. There
being no proof on either fide, and the King being fond of every thing
that was pompous, confented that they fhould be admitted to clear
themſelves in the ancient way of combat. A court of chivalry was
erected, and Robert earl of Lindſey made, for the occafion, conftable
of England. The whole proceedings of the trial, the pétitions and
anſwers, with all the farcical folemnities ufed by this court, are enter-
taining they may be found at length in Rufhworth; but are too long,
2
and
1
4
CHARLES I
127
prince having offered to wage war till the reftitution of Ann. 1632.
thé Palatinate, if he would have avowed himſelf a party
againſt the houſe of Auftria. Unhappily for Charles,
his ambition was entirely confined to the making him-
felf defpotic at home. Had he avoided all diffentions
with his own fubjects, he might, at this period, have
rendered very important fervices to the Proteftant caufe,
and not only reinftated his brother-in-law in his former
poffeffions, but added to them fome of the Imperial
fpoils. The unfortunate Palfgrave, after a long feries
of difappointments, died at Mentz, a few months after
the battle of Lutzen. He followed Guftavus's fortunes,
and had fo great a reliance on his honour, as to depend
on being reſtored to his territories by his means: He
was fo fanguine in this notion as to tell both Vane and
Hamilton, that he believed he ſhould ſpend his Chriftmas
at Heidelberg, his capital. Nor was it without reafon Harte's Life-
that he relied on the honour of this illuftrious prince: Adolphus,
vol.II. p.108.
Guftavus had ever fhewed himſelf fincere in all his pro-
feffions, and open and candid in all his treaties. It is
true he would not bind himſelf in
any formal engage-
ment with the king of England for the reftitution of the
Palatinate, becauſe that monarch had continually refuſed
-
of Guſtavus
and of too trivial a nature, to be inferted here. A day was awarded
for the combat. The champions mounted the ſtage * in rich dreſſes: * Tothill-
When the combatants were going to engage, the King's order inter- Fields.
pofed, and the bufinefs was ftayed. A revocation of their letters-pa-
tent for trying this caufe was brought to the lord-conſtable and mar-
fhal, and thus the affair ended. The lord Ochiltree was carried to
Scotland, and after a trial for the part he had acted, he was con-
demned to perpetual impriſonment. Burnet's Memoirs of the Duke of
Hamilton, p. 7, 10, 21, & feq. Rushworth, vol. II. p. 112, & feq. GH-
thrie, vol. III. p. 910, & feq.
to
1 28
吓
​HISTORY OF ENG LAN D.
Ann, 1632. to bear any part of the expence or hazard; but Gufta-
vus, in a converſation with Vane, declared, that thở' he
Rushworth,
vol. II. p. 184,
& feq.
筝
​was tender of promifing one iota more than he could
perform, yet he would at all events diſcharge the duties
of a man of honour, and reſerve to himſelf the glory
of executing more than he had promifed. He ſolicited
ftrongly the French king to co-operate with him in re-
ftoring the Palatine; and alleged, that his anceſtors had
ſupported Henry IV. againſt the enemies of the houſe of
Bourbon. He afterwards took Frederic under his im-
mediate protection, when the king of England had re-
linquiſhed his intereft, and gave him as magnificent a re-
ception as if he had been in poffeffion of the crown of
Bohemia. The news of Guftavus's death was fuch an af-
fliction to this unfortunate prince, that it at once put an
end to his hopes and his life. After his deceafe, Charles
invited the queen of Bohemia, with her family, to refide
at his court: She excuſed herſelf on the account of her
great grief, which rendered her incapable of taking a long
journey. Some time before this, Sir Harry Vane had been
inſtructed to ſet before her, in the ſtrongeſt colours, the ex-
pediency of permitting her eldeſt fon to be bred a Papiſt in
the court of Vienna, with a view to match him with one
of the daughters of the houſe of Auftria. To this propoſal,
it is faid that the queen made the following refolute reply:
"That rather than be guilty of fo irreligious and mean
a condefcenfion, fhe would be her fon's executioner."
BESIDES the auxiliaries which Charles had fent-into
Germany, he gave the emperor of Mufcovy leave to
raiſe a regiment of two thouſand men, to be employed
againſt the Poles. The emperor's defign was againſt
Smo-
CHARLES
129
I
Smolenſko. Whilft difpofitions were making for the at- Ann. 1632.
遍
​rack, Sanderſon, the commander of the British troops,
was murdered in the trenches by one Leſley *, a Scotch-
man. The Poles taking advantage of the diſtraction
which this accident occafioned, fell upon the enemy,
and put them to a total rout. The Mufcovite was con-
ftrained to accept of a peace upon very diſhonourable
térmist!
}
*
To return to the affairs of England: Charles and his
prime-miniſter, Laud, continued to indulge themſelves
in the exerciſe of an unlimited power. Proclamations Proclama-
ſupplied the defects of law ‡, and the High-commiffion
Leſley was fent over a prifoner into England, but eſcaped juftice
becauſe he could not be tried for a murder committed in a foreign
country. He returned to Mufcovy, where, for fufpicion of treaſon,
he was thrown from the top of a tower on fharp fpikes; and in that
torture endured a lingering death. Rushworth, vol. II. p. 185.
† After the Ruffian general returned home, he had his head cut off.
His fon, the lieutenant-general, was whipped to death, and his family
banished into the country of Siberia, there to catch fables for the empe-
ror's profit. Rufhworth, vol. II. p. 185.
All things relative to the civil government of the country were
fettled by proclamations. The unbounded power the King exerciſed
in this particular, was in effect that of taxation. The fale of tobacco
was reltrained by proclamation: this produced from all the towns and
villages in England a certain price for a licence to fell the prohibited
drug; and a confiderable revenue was extorted from the ſubject.
The lord-treaſurer Portland had infifted with the vintners, that they
ſhould ſubmit to a tax of a penny a-quart upon all the wine that they re-
tailed. On their refuſal, a decree was made in the Star-chamber, forbid-
ding them to fell or drefs victuals in their houſes. To compound this
matter, they were obliged to give the King 6000l. and ſubmit to pay half
the duty that was demanded of them. After this the vintners, for a
rent of 30,000l. a-year to the King, obtained a licence to raiſe wines one
penny and two pence a-quart more than they were ufually fold at.
.. VOL. II.
A pro-
S
1
tions.
130
HISTORY OF ENGLAND.
Ann. 1633. court perfecuted as Puritans all who refuſed to ſubmit to
deſpotic government. This drove many that were well
嚚
​A proclamation declared, that no hackney-coaches ſhould be fuffer-
ed, and that no perſon ſhould go in any kind of coach in the ſtreets of
London and Weſtminſter, except the owner of the coach conſtantly
kept four able horſes fit for his majefty's fervice whenfoever his majefty's
occaſions ſhould require, upon pain of his majeſty's high diſpleaſure and
indignation, and fuch pains and penalties as might be inflicted for the
contempt of his majeſty's royal commands.
Commiffioners were appointed to make a certificate to the council-
board, or in the court of Star-chamber, of thoſe that, contrary to for-
mer proclamations, had enlarged the city of London by new buildings,
or had divided houſes into feveral dwellings: 500 l. 2000 l. fines were
ſet on thoſe tranſgreffors againſt the letter of the proclamations, though
they had taken the precaution to procure licences.
Ray, having tranſported fullers earth, contrary to a proclamation, was
fined in the Star-chamber 2000 1. and fet in the pillory. Like fines were
levied on Terry, Eman, and others, for diſobeying one that forbad the
exportation of gold. Rymer. Rushworth. Strafford's Letters.
Lords, gentlemen, clergymen, and others, whofe ftay in London
was not abfolutely neceffary, were ordered to refide in their reſpective
counties. An information was lodged in the Star-chamber againſt ſe-
veral hundreds of people of quality and fortune, for that they had un-
lawfully agreed together how they might withſtand his majeſty's procla-
mation, and royal pleaſure therein expreffed.
An order was fent to the juftices of the peace to prefent all noble-
men, that had not particular leave of the King, who ſhould be found
in town; and to impriſon all gentlemen. This was inflicted on one
Palmer, who was committed to the Fleet, and fined 10001. Rushworth,
vol. III. Appendix, p. 51.
There were more reafons than one for prohibiting people of fortune-
to refort to town: The oppreffions of the times were become, in every
focial meeting, the univerfal topic of converſation,
All the fubjects likewife were forbid to depart the realm, without
licence from the King, or fix of his privy-counſellors.
There had been many of theſe kind of proclamations in the laft
reign. This was fo far from being an acknowledged prerogative of the
crown, that by a temporary act of parliament it was granted to Henry
2
VIII.
"
CHARLES I.
131
1
affected to the Church of England into the neceffity of Ann. 1633.
fiding with that party, to enable them to oppoſe the ar-
bitrary meaſures of the court; and Puritaniſm, notwith-
ſtanding the endeavours of the church and King, daily
gained ground. The Preſbyterians, to ftrengthen them-
ſelves againſt the defigns of their enemies, had entered
into a project to ſet up ftipendiary lectures in feveral mar-
ket-towns, and had raiſed a ſtock to buy in fuch impro-
priations as were remaining in the hands of the laity.
A fociety was eſtabliſhed, under the title of Feoffees for
buying in of impropriations to be bestowed on preaching
minifters. Twelve popular and religious men were
erected into a kind of corporation to manage this bufi-
nefs; and the fcheme received fo much encouragement
and applauſe, that the jealouſy of Laud was at length
rouſed. The feoffees were profecuted by Noy, the attor-
ney-general, in the court of Exchequer, under pretence
that they ufurped upon the King's regality. The feoff-
ment was condemned; the impropriations purchaſed
confifcated to the King's ufe; and the merits of the
caufe referred to a farther cenfure in the Star-cham-
ber. New formalities were continually fuggefted by
Laud, and approved by the King: A form of divine
ſervice was introduced in the fuperftitious, whimfical
ceremony of performing the cure of fcrophulous dif-
cafes by the royal touch. With theſe fantaſtical no- Complete
velties, more important encroachments marked the po- vol. III. p.60.
tent influence of this arrogant prelate. The following
queſtions were propoſed to the judges concerning the li-
berties and exemptions of the clergy: "Whether clergy-
VIII. with a faving the lives and properties of the ſubject. The act
was repealed in Edward VI's time.
$ 2
men
Hift. of Eng.
132
HISTORY OF ENGLAN D.
1
Q
Ann, 1633. men were bound to find watch and ward day or night
whether clergymen might be compelled to take appren
tices by the ftatutes of the poor?" To the firft of thefe
interrogatories the judges did not think fit to give a po
fitive anſwer, but defired leave to inform themſelves of
the practice of the feveral counties of England. To the
fecond they agreed, that no man was exprefly out of the
ftatute; but there was a difcretion in that point to be
ufed by the juftices of the peace.
Acts of
power.
Rym. Foed.
vol. XIX.
AMONG the exertions of abfolute fovereignty recorded
in the tranfactions of this reign, there is one of an enor
p. 280, & feq. mous nature, unnoticed by hiftorians. A commiffion was.
granted to the archbishop of Canterbury, and the other
members of the privy-council, for regulating the jurifdic-
tion of the courts of juftice. Theſe commiffioners were
to examine all queftions, controverfies, and debates, arif-
ing about the jurifdiction of the courts ecclefiaftical and
civil. They were conftituted with powers to call before
them, as often as they would, any of the judges of the
faid courts, or parties contending; to examine upon oath
the officers and clerks; to hear and debate the queftions
and caufes; to confider and advife on the fubject; and
then to lay before the King the faid confiderations, that
he might determine by his authority the matter in
diſpute *.
* In the preamble to this extraordinary commiffion the King afferts,
that the fovereignty of justice was entirely in him by virtue of his.
kingly office; that for the eaſe and benefit of the fubject it was dif
penfed and limited to other perfons and courts, according to fuch or-
ders as have been approved and eſtabliſhed by ancient cuſtom and law
or as the King had, or fhould think fit to direct and appoint: Which
power,
CHARLES I.
1·33
3
THE earl of Warwick, taking no notice of a com- Ann. 1633.
miffion of this fort, which had been given to determine
on appeals from the court of Admiralty, appealed, on a
judgment of this court, to the court of Chancery. This
produced an order, that the earl of Warwick's cauſe ſhould
be heard and judged by the commiffioners which had Rym. Feed.
been appointed by the crown for the purpoſe of deter+ p. 300.
mining on the aforefaid appeals.
C HA P. II.
The King's journey to Scotland. Tranſactions there.Death of
A Abbot. Advancement of Laud.His fchemes and arbitrary
•proceedings. Profecution of Prynne.Wentworth's beba-
vicur as prefident of the council of York, and deputy of Ireland.
Affairs of that country.- Project of hip-money.- Death
of Sir Edward Coke Scheme of a reconciliation with the church
of Rome
Impofitions.
CHARLES had ruled England four years defpotically;
that is, had exerciſed by his fingle authority every
act of legiflation. He had not only ufurped the power
of raising money without confent of the people; can-
celled the right of property in the bufinefs of the feoffees;
impoſed, by the judgment of his Star-chamber, rigorous.
and arbitrary penalties on offences not legally puniſha-
ble: He had not only difpenfed with confirmed ftatutes,
but his proclamations were confidered by the miniftry as
power, fays the preamble, is not only our undoubted and hereditary
right by our royal prerogative, but alſo agreeable to the practice of
our royal progenitors in this our kingdom, and to the equity and true
intention of our laws."
vol. XIX.
fo.
134
HISTORY OF ENGLAND.
}
Ann. 1633.
fo many new ones; the breach of which was as feverely
puniſhed as was the breach of the eſtabliſhed laws of
the realm. Notwithſtanding an ufurpation fo violent
and unnatural, the people, who have a kind of dread
and reverence for eſtabliſhed power, though unfupported
by an adequate force, and being deprived of the protec-
tion of their reprefentatives in parliament, legally in-
vefted with authority to oppofe openly and boldly the
ufurpations of the crown, had in a manner feemingly
fubmitted to the yoke of fervitude. Though difcon-
tent fat viſible on the public brow, yet there was no like-
lihood of its ripening into a civil commotion. Charles
had not only freed himſelf from the expence of war,
but had recruited his coffers with the pillage of his peo-
ple. The venal tribe that furrounded. him flattered him
on the proſpect of his affairs, on his principles of go-
vernment; and inftilled into him the pernicious notion,
that though fome turbulent individuals might complain,
yet the people in general found themſelves eafy and
happy under his adminiſtration. In this funſhine of his
fortune, he undertook a journey to his kingdom of Scot-
land. Two important objects, befides the fingular plea-
fure of a coronation, excited him to this expedition to
get money of a parliament, and to reduce the kirk of
Scotland to a perfect conformity to his plan of church-
government. In the year 1621, James, by the increaſe
of the power he had gained on fucceeding to the crown
of England, found means to reſtore epifcopacy in Scot-
land, and give to biſhops their ancient jurifdiction over
the church. Charles was determined to render them
powerful; and to this purpoſe entered into a defign of
refuming all the church-lands which had been granted
during
CHARLES I.
135.
+
-
Друг
He bought the abbey of Ann. 1633.
Burnet's Hift.
Times,
vol. I. p. 20,.
& feq.
during his father's minority.
Aberbroth, and the lordſhip of Glaſgow, from the fa- of His Own
milies of Hamilton and Lenox, and added them to the fol. ed. 1724,
two archbiſhoprics. Burnet relates, that in the third
year of his reign, the earl of Nithſdale * was not only
fent down with a power to receive the furrender of thoſe
that would willingly pay this extraordinary compliment,
but to affure others, that the King would take rough
courſes if they did not fubmit their rights to his dif
pofal. The alarm that aroſe on the report of this inten
tion occafioned fuch a heat, that Nithfdale was deterred
from opening his inftructions, and the attempt was re-
tarded for ſome time. Charles having hitherto carried
things with an high and fuccefsful hand in England;
and, fpurred on by the impatient Laud, who looked upon
all moderation as a betraying the dignity of the church,
now determined to attempt in his own perſon certain
points neceffary to eftablish ecclefiaftical matters on the
true hierarchical principles in Scotland.
*
•
The King's-
journey to
Rushworth,.
THE parade of majefty was not neglected on this im
portant occafion. The King was attended by the prime Scotland.
of the Engliſh nobility, who vied with each other in the vol. II.p 178,
fhew of equipage. The fame abfurd emulation took & feq.
place among the Scots. The creatures and dependents of
the court feaſted the King fo fumptuouſly during his
grefs, that it is faid the earl of Newcaſtle expended on
the occafion ſeveral thouſands of pounds. Though the
pro-
*The earl of Nithfdale had married a niece of the duke of Buck-
ingham. He was at this time believed a Papiſt, and before his death.
profeffed himſelf one. Burnet, vol. I. p. 20.
journey
136
HISTORY OF ENGLAND.
1
f
Ann. 1633. journey was commenced May the thirteenth, it was not
till the fifteenth of June that Charles reached Edinburgh.
His entry and coronation were managed with fuch pro-
fufion, and ornamented with fuch coftly pageantry, that
the whole country felt the importance of their vifitor.
Laud, the director of the King's confcience, was not for-
gotten: He was made a privy-counfellor of Scotland, the
very firſt day of the King's arrival at Edinburgh, and
was fo arrogantly officious at the ceremony of the coro-
nation, that Lindſey, the archbishop of Glaſgow, 'thro'
moderation having avoided the putting on the gaudy
robes of his order *, Laud forcibly thruſt him from his
place at the King's left-hand, and fupplied it with Max-
well biſhop of Rofs, faying, "Are you a churchman,
and want the coat of your order?" The whole conduct
of the intended reformation was intrufted to this impru-
dent zealot, who acquired fuch an influence over the
Scots biſhops, that they flung off their former modera-
tion, and not only adopted his principles, but his vio-
lent meaſures. All the vacant church-preferments were
filled up with his own creatures. Edinburgh was erected
into an epiſcopal fee; and one Forbes, whoſe religious
opinions were little fhort of Popery, appointed the firſt
biſhop.
Tranfactions
there.
<
THE parliament of Scotland was not only munificent
in their grants to the King †, but complimented him
}
* The robes of his order were embroidered. Rushworth, vol. II.
p. 182.
+ Concerning the grant given by the parliament, Charles thus ex-
preffes himſelf: "He was pleafed to accept of it as the mite of their
humble affection, in teftimony of their thankful gratitude for fo great
a bleffing
I
IC HAR LE S. I.
137
}
1
+
Franklyn's
4
with paffing every act that he propofed, two only ex- Ann. 1633..
cepted. The firft was, the regal prerogative eſtabliſhed Annals,
as it had been afferted by a ftatute made in the year
P. 432, & feq.
Guthrie's
1606; to this an addition was made of another act General Hift.
of Eng, vol.
paffed in the year 1609, giving the crown a power of III. p. 919.
prefcribing habits to ecclefiaftics. The fecond was a re-
fumption of thoſe church-lands and tythes which had
been alienated in the minority of the former reign. The Rushworth,
vol. II. p. 183.
majority of the Nobility and Commoners that compofed Burnet, vol.I.
the parliament *, agreed to all that the firſt act contained P. 21, & feq.
relating to the King's prerogative afferted in the ftatute
of 1606; but diffented from his power of impofing
upon ecclefiaftics their habits
ecclefiaftics their habits; and defired that the acts
might be divided. Charles, who was preſent at the de-
bate, pulled out of his pocket a lift of all the members
that compofed the houſe, and infifting that the two acts
ſhould not be disjoined, added, "Gentlemen, I have all
your names on this paper, and I will know who will
do me fervice, who will not, this day." Notwithſtand-
ing the King's impetuofity, the bill was rejected by the
major part of the affembly; but the clerk of the re-
gifter, who gathered the votes, removed this difficulty by
declaring, that it was carried in the affirmative. The
earl of Rothes afferted the contrary; but the King took
up the matter, and infifted that the clerk of the regiſter's
declaration ſhould be held good, unleſs the earl of Rothes
would go to the bar, and accuſe him of falfifying a re-
a bleffing as the perfonal prefence of us, their facred lord and fovereign."
State Trials, vol. I. p. 409.
* The King, Nobility, and Commons, fit together, and make but
one houſe..
A VOL. II.
T
t
cord
+
་
138
HISTORY OF ENGLAND.
.
Ann. 1633. cord of parliament *, which was punishable by death;
and the earl of Rothes, if he had failed in the proof,
was liable to the fame penalty. He did not chufe to
venture on the dangerous accufation, and the King car-
ried his point. This outrage on the moſt important point
of the conftitution, in that folemn feat of juftice the fe
nate-houſe, in the face of the whole people affembled in
their repreſentative body, made the nation conclude, that
all their liberties were fubverted; that a parliament was
become a piece of idle pageantry, fince it was in the
power of a corrupt individual, the clerk, to declare
and determine the majority of votes: This was not
the only inftance which Charles fhewed the Scots off
his arbitrary, violent difpofition. Hague, who, though:
the King's folicitor, was zealous for the freedom of his
country, drew up a paper; fetting forth the public grie-.
vances, and particularly what related to the tranſactions
in the laſt parliament. This was to be figned by the
anti-miniſterial lords, and by them preſented to the King.
Bishop Gu. The earl of Rothes, from a motive of court-complai-
moirs, fance, gave it to Charles to perufe, before it was to be pre-
8vo.ed.1702, fented in form. Charles, having read the paper, return-
ed it, faying, "No more of this, my lord, I command
yout." This authoritative expreffion fo intimidated the
party, that they dropt the bufinefs. Balmerino fuffered
thrie's Me-
P. 9, & feq.
* Burnet relates, that the King knew the bill, was rejected by the
majority, for he had called for a lift of the members, and had marked
'every man's vote..
The King at the fame time rejected a petition, preſented to him
by ſeveral miniſters, fetting forth. the diforders and innovations which
had crept into the church. Rushworth, vol. III. Appendix, p. 143..
2
it
}
CHARLES I.
139
}
*
It to remain ſome time in the poffeffion of one Dun- Ann. 1633.
moor, a lawyer: it fell into the archbiſhop of St. An-
drew's hands, who carried it immediately to the King.
Balmerino acknowledged, that he was in poffeffion of
the original draught. There was a law in Scotland that
made it high-treaſon to ſpread lies of the King or his
government, commonly called leafeing-making. This
law was enforced by a ftatute made in the late King's
time; and the ſeverity of it increaſed by an addition,
that it ſhould be likewife treafon to know of any that
did it, without fpecifying the nature of thofe lies. The
words of the act were ſo general, that it was as bad as
the leſa majeftatis amongſt the enslaved Romans; that en-
gine with which Tiberius rooted up the remaining
virtue in Rome. This law, which prevents all fug-
geſtions against an adminiſtration, however badly exer-
cifed, rendered the legal conftitution of Scotland an
abfolute tyranny, without other redrefs than from the
native fpirit of the people, which, when rouſed and
provoked beyond the bounds of manly fuffering, often
had recourſe to natural juftice, by affembling in bodies,
and executing thoſe ftatefmen, judges, or juries, from
whom they had received injuries. Balmerino's offence
was thought within the forementioned ftatute: An or-
der was fent for his commitment, and a ſpecial commif-
fion came down for his trial: He was profecuted for
high-treaſon, and condemned to die *. The malevolence
* Charles let flip no opportunity of teaching his fubjects their duty
to majefty; and in theſe documents he always fuppoſes himſelf inveſted
with abfolute ſovereignty. In his charge againſt Balmerino there is
the following paffage: "In fo far as albeit by the law of God, and
laws of all nations, the perfon of the fupreme and fovereign prince is
T 2
and
140
HISTORY OF ENGLAN D.
Ann. 1633. of the profecution, and the injuftice of the fentence, were
fo highly refented by the Scots, that they had affociated.
and ought to be facred and inviolable, and he ought to be reverenced,
honoured, and feared, as God's lieutenant on earth; and that all fub-
jects are bound and tied in conſcience to content themſelves in humble
fubmiffion to obey and reverence the perfon, laws, and authority, of
their fupreme fovereign." The whole charge is in fo peculiar a ftyle,
that it is worth perufal. State Trials, vol. I. p. 407, & feq.
•
The fubftance of Burnet's account of Balmerino's trial is as follows.
In Scotland there is a court for the trial of peers, diftinct from the jury,.
who are to be fifteen, and the majority determine the verdict: the fact..
is only referred to the jury, the law is judged by the court. If the
majority of the jury are peers, the reft may be gentlemen. The earl of
Traquair, the prefent lord-treaſurer, was thought the moft capable. man:
for buſineſs, and the beft fpeaker in the kingdom.. He was charged:
with the lord Balmerino's trial. Hague owned himſelf the author of
the petition, and withdrew into Holland. In the naming the judges,,
there appeared a defign to have the lord Balmerino's life, for they were
very weak or very poor. Much pains was taken to get a jury of the
proper complection. It was long confidered, on what the prifoner.
ſhould be tried: His hand interlining the paper, plainly foftening the
matter, was not thought evidence that he drew it, or was acceffary to
it, and they had no other proof against him; nor could they from that.
infer that he was the divulger, fince it appeared it was only fhewed by.
him to a lawyer for counfel; fo it was fettled to infift, that the paper.
tended to alienate the ſubject from their duty to the King, and that he,
knowing who was the author, did not diſcover him. The lord Balme--
rino pleaded, that the ftatute for diſcovery had never been put in exe-
cution; that it could never be meant but of matters that were noto--
rioufly feditious; that till the court judged fo he did not take the pa
per to be of that nature, but confidered it as full of duty, defigned to
fet himſelf and fome others right in the King's opinion; that he com-
municated the matter to the earl of Rothes, who told the King of the
defign; and that upon the King's faying he would receive no fuch pe-
tition, it was quite laid afide. A long debate had been much infifted
on, whether the earl of Traquair, or the King's minifters, might be of
the jury or not? the court gave it in his favour. When they were
fhut
I-
1
HAR LE SI
1 41
to execute juftice after the old Scotch faſhion, and to cut Ann. 1633.
in pieces the judges and the eight jurors. Charles was on.
this account obliged to grant Balmerino a pardon.
4
fhut up, Gordon of Bucky, who forty-three years before had affifted in
the murder of the earl of Murray, and was thought on this occafion
to be a fure man, excufed his prefumption in being the firſt that broke
filence, but defired they would all confider what they were about; it
was a matter of blood, and they would feel the weight of it as long
as they lived he had in his youth been drawn in to fhed blood, for
which he had the. King's pardon, but it coft him more to obtain God's
pardon; it had given him many ferrowful hours, both day and night.
As he ſpoke this, the tears ran down his face; a ſudden damp was
ftruck on the affembly: but the earl of Traquair taking up the argu-
ment, faid, they had it not before them whether the law was a hard
law or not, nor had they the nature of that paper before them which:
was judged by the court to be leafing-making; they were only to con-
fider whether the priſoner had diſcovered the contriver of that paper
or not. Upon this, the earl of Lauderdale, who, though a profeffed
enemy to the lord Balmerino, took up the argument againſt what the
earl of Traquair had. urged, and, faid, that ſevere laws never executed
were looked on only to terrify; that tho' after the court had judged
the paper to be feditious, it would be capital to conceal the author,
yet, before fuch judgment,, the thing could not be thought ſo evi-
dent that the party was bound to reveal it. On theſe heads the mat-
ter was debated. many hours; but when it came to the vote, Balme-
rino was caft by one. This occafioned fuch a general diffatisfaction,
that it was reſolved to force the priſon to ſet him at liberty; and if
that failed, to revenge his death both on the court and the eight ju-
rors. The earl of Traquair gave the King to underſtand, that the
lord Balmerino's life was, in his power, but that the execution was in
no fort adviſeable, and thus procured his pardon, "My father, con-
tinues the author of this account,, knew the whole fteps of this matter,
having been the earl of Lauderdale's moſt particular friend. He often.
told me, that the ruin of the King's affairs in Scotland was in a great
meaſure owing to that profecution." Burnet's Hiftory of His Own Times,
fol. ed. London, 1724, p. 22; & féq..
*
The manner in which the lord Balmerino's life was put into the
hands of the court, would fingly be a fufficient example of the impor--
سم
tance
1
1
142
Ann. 1633.
HISTORY OF ENGLAND.
NOTWITHSTANDING the cordial reception the King
had received from his countrymen, yet the averfion
they had fhewed to innovations in their religious wor¹
fhip, or to any extenfion in the royal prerogative, gave
ſuch a diſtaſte, that immediately after the diffolution of
the parliament Charles poſted in all hafte out of Scot-
Rufhworth, land. The non-conformifts had been treated with fo un-
vol. H. p. 183,
& feq.
favourable an aſpect, that when the provofts of Stirling
and Linlithgow, each of them, prefented the King with
a piece of plate, one of them being a Preſbyterian was
not admitted to kifs his hands. The nobility and gen-
try of Fife had propofed a magnificent entertainment
for him; but the greateſt part of them being Preſbyte-
rians, he took another road to avoid accepting their in-
tended civility.
WHILST the King was thus venting his diſguſt in theſe
childish expreffions of refentment, Laud was appointed
to preach in the royal chapel, which had been fitted up
and ornamented according to his own directions, where
he made violent declamations in favour of conformity
to religious difcipline and ceremonies. Charles, before
tance of that privilege which the conftitution of England gives to its
ſubjects; viz. that the jury, compoſed of men of an equal condition
with the perſon proſecuted, are judges as well of the law as the fact.
This may be pronounced the great bulwark that defends the life, pro-
perty, and perſonal freedom, of every Engliſh ſubject from the exor-
bitant exertions of monarchical power. May this important confi-
deration have its due weight with the public! May no plaufible ora-
tions from a time-ferving judge feduce an Engliſh jury to give up,
on any occafion, a right on which alone their own fecurity, the fecurity
of their fellow-citizens, the fecurity of their pofterity, fo evidently
depend!
he
•
CHARLES I.
143
he left Scotland, created the archbishop of St. Andrew's Ann. 1633:
chancellor of the kingdom*, and admitted ſeveral pre-
lates to feats in the privy-council, and in the college of
juftice. Thus the Scots, could they have had any doubt
of the King's inclination, were by this conduct thoroughly
convinced that material alterations were intended. in their
church-government †
A
Abbot.
THE firft ftep that he took on his return to England
was to appoint Laud to the metropolitical dignity of
the fee of Canterbury. The death of the pious, learn- Death of
ed, and moderate prelate, George Abbot, happened on
the fourth of Auguft, this year. He was fingular for Hischaracter:-
preſerving his honefty, and ſome ſmall degree of dig-
nity; though a courtier, was never exceffively fond of
power, or defirous of carrying the prerogatives of the
church to any extraordinary height; this prudent mode-
ration drew upon him many malevolent reflections from
feveral bigoted hiftorians of his own time. Among theſe,
*This office had never been in the. hands of a churchman, fince-
the pope's authority had been fuppreffed in Scotland. Clarendon, vol. I..
P. 67..
+ The courtiers had been at great pains to have it believed in Eng-
land, that thoſe Scots who had received favours, from Charles and his
father were men of the greateſt intereſt in their country; but the Eng-
liſh who attended Charles in this journey, and who were willing to
know the real ſtrength of his: party, quickly perceived the falfhood of
this fuggeftion. They faw the Scots in general behave with great con-
tempt towards the royal favourites of their own nation; and that the
men of weight were in an intereſt againſt the court. This produced the
foundation of a correſpondence between the principal men of the two
kingdoms. Charles appeared to be fenfible of this; it was the occafion.
of his quick return into England. Guthrie, vol. III. p. 909.
Héylin,.
{
144
HISTORY OF ENGLAND.
Britannica,
P. 16.
·
Ann. 1633. Heylin, a creature of Laud, taxes him with the want of
Biographia benevolence, when nevertheleſs this good archbishop was
fol. ed. 1747, eminent for a munificent hofpitality*; and a well-di-
vol. I. note, rected charity. The true incentives to this, and other
unjuft and acrimonious aſperſions, are, that Abbot had
ever oppoſed the preferring Laud, on account of his fu
rious opinions, had fometimes fcreened the non-confor-
mifts from unjuft and illegal profecutions, and laſtly,
endeavoured to eſtabliſh, as a fundamental principle in
ecclefiaftical concerns, that the clergy fhould attract the
reverence of the laity by the fanctity of their manners,
and the uprightneſs of their morals, rather than to claim
it as a prerogative due to their function.
Advancement
of Laud.
LAUD, now raiſed to the higheſt dignity in the church,
was enabled to enforce with rigor that ecclefiaftical dif-
cipline which he could not fully eſtabliſh during the life
of his worthy predeceffor t. Very exceptionable orders
were fent into Scotland, as a prelude to a general refor-
mation ‡. In England, arbitrary oaths were impofed by
and arbitrary the biſhops on the church-wardens, who were to dilate
any one who acted contrary to the articles that were en-
His ſchemes
proceedings.
* He had been reproached by fome of the high-church party for this
virtue, that he lived too high, had too much company, and became
thereby too popular. Rushworth, vol. I. p. 454.
+ The non-conforming divines, having loft in Abbot all protection
from the fury of Laud, fled into Holland, into New-England, and other
colonies. Prynne's Trial of Laud, p. 361, & feq.
‡ For theſe inſtructions vide Ruſhworth, vol. II. p. 206. An article
relative to the coronation-ſervice gives rife to a fufpicion, that Laud
had been altering, or adding to, the form of that ceremony, as he had
before done in England.
forced
CHARLES I.
145
forced by authority *. Farther, to exclude Preſbyterians Ann. 1633.
from getting into the church, and render miniſters more
2
<
*The following are fome of the articles preſcribed by Mountague
biſhop of Chicheſter, and Wren biſhop of Norwich, at their feveral
vifitations.
Has your chancel afcents up to the altar? Have you two fair fur-
plices, that no point of divine fervice may be done but in miniſterial
-veſtments? Do your parishioners uncover their heads, fit bare all fer-
vice-time, bowing towards the chancel and communion-table, and uſe
thoſe ſeveral poftures which fit the feverál acts and parts of divine fer-
vice? Do they ftand alſo at the reading of the gofpel, and bend or bow
at the glorious, facred, and fweet name of Jefus? Does your minifter
read the fecond or latter fervice at the communion-table? Is the grave
made Eaſt and Weft? Is the body buried with the head to the Weſt?
Doth any married woman neglect after child-bearing to come to church
to give thanks? Doth fhe come veiled in a decent manner, kneeling
nigh to the communion-table? Are all the pews and feats in the church
fo ordered, that all they that are in them kneel down with their faces
towards the Eaft? At the end of every pfalm do they ſtand and ſay,
"Glory be to the Father, &c.?" Have you in your parish any that do
not reverendly behave themſelves entering into the church; that is, by
bowing towards the altar? Does your minifter perform all the fervices
of the church in his.furplice, and never omit the wearing of the fame,
or of his hood if he be a graduate? Amongst other injunctions, the
-communicants were to come up and receive the facrament at the new
rails kneeling.
The following is a copy of the oath adminiftred to the church-wardens.
J
That you ſhall duly confider, and diligently enquire of all and
every of theſe articles given you in charge, and tendered unto you;
and that all affection, favour, malice, hatred, hope or reward, gain,
diſpleaſure of great men, malice, or other finifter reſpect, ſet aſide, you
ſhall faithfully diſcharge your duty, and truly prefent all and every ſuch
perſon of and in your parish as hath made any default, or committed
any offence in or againſt thoſe articles, or that be vehemently fufpected
or defamed of any fuch offence or crime; wherein you fhall deal up-
rightly, truly, and fully, preſenting all the truth, and nothing but the
truth, without partiality, having God before your eyes, and an earneſt
VOL. II.
Chriſtian
U
"
'
148
HISTORY OF ENGLAND:
}
Ann. 1633. dependent on the biſhop, ftrict rules were made, whereby
no lecturer whatfoever was admitted to be a canonical ti-
tle. All ordination of miniſters to fupply lectures were
totally excluded, nor any chaplainship to a nobleman's
family allowed to be a fufficient title. By this means new
interrogations were introduced, and orders denied in cafe.
of diffent: Such as, whether the church had authority in
matters of faith? whether bowing towards the altar ata
approaching it, or at coming in, or going out of the
church, &c. were commendable*?
น
Chriſtian zeal to maintain truth, order, and religion, and to fupprefs the
contrary. So help you God, and the contents of this book."
+
At this time all lectures and fermons were in a manner fuppreffed ;-.
even the miniſters that enlarged on the queſtions and anfwers in the
catechiſm, were ſharply reproved and enjoined penance for the offence..
So fearful were the prelates left the people fhould exert their right of.
reaſoning in matters of religion. Of one Leigh, a prebend of the
church and college of Wolverhampton in the diocefe of Litchfield,
Laud writes thus: "If you can faften any thing upon him whereby
he may be justly cenfured, pray fee it be done, and home; or bring
him to the High-commiffion court, to answer it. there. But however,
let him not obtain any licence to preach any lecture there, or in ano-
ther exempt place hard by (Tettershall), whither thofe of Wolver
hampton do now run after him out of their pariſh.-For the church:
hath not much need of fuch men, Prynne's Trial of Laud, p. 93, & feq.
P. 278, & feq.
>
* The communion-table of St. Gregory's having been, by the dean.
and chapter of St. Paul's, removed from the middle of the chancel,.
and placed altar-wife, the parishioners, in an appeal to the court of
arches, complained of the innovation, and pleaded that the book of
common-prayer, and the eighty-two canons, gave liberty to place the
communion-table where it might stand with moft convenience; that
by a general cuſtom it had been determined towards the body of the
church, or the bottom of the chancel.. Laud brought this queſtion
before the King and council. The King declared, that he well ap--
proved and confirmed the act, and required it to be confirmed by the
dean.
7
CHARLES
147
I
+
1
IN the year 1627, according to an act which had Ann. 1633.
paffed in the firſt parliament of Charles's reign, chief-
A
•
dean of the arches, if the parishioners fhould proceed in their appeal.
The council for the parish having quoted bifhop Jewel, and other di-
vines, (whoſe books were enjoined to be kept in all churches for the
perufal of the people) that the communion-table ought to ftand in
the middle of the church, archbishop Laud got up in a fury, and ſaid,
"If this be the uſe they make of theſe books, Jewel and Fox, I de-
fire they may be taken out of churches." The decree of the council
concerning St. Gregory's declares, that all churches ought to be guided
by the cathedral mother church. Theſe kind of innovations occafioned
the like difputes to arife in many pariſhes. The archbishop gave par-
ticular directions to the archdeacon of Canterbury, that within that
city all galleries and raiſed feats which were level to the high altar,
-fhould be taken down. His brother prelates, whom he had raiſed for
this purpofe, were no lefs affiduous in their diocefes. The church-war-
dens of Beckington in Somerſetſhire were excommunicated by the bi-
fhop of Bath and Wells, for refufing to remove and rail in the com-
munion-table, and pull down the feat that ſtood above at the Eaft-end
of the church. Having been excommunicated a whole year, they were
-impriſoned in the common gaol; where after lying a long time, they
·were at length releaſed, on their public fubmiffion and repentance, ac-
knowledging, that they had grievouſly offended the divine majefty of
Almighty God, and the laws eccleſiaſtical of the realm of England, in
not having obeyed the command of their right reverend father in God
the lord biſhop of Bath and Wells. The churchwardens of other pa-
rifhe's being profecuted in the fame manner, were obliged to fly into
New-England. It would be tedious to relate all the examples of a like
nature that happened on the oppoſition that theſe innovations met with.
Several miniſters were fufpended and impriſoned, and enjoined fubmif
fion and recantation. Hundreds of fcrupulous people were excommu-
nicated in almoft every diocefe in England, for refufing to receive
the facrament at the new rails. Miniſters were perfecuted in the High-
commiffion court, for adminiftring the facrament to fome of theſe con-
ſcientious people. Notwithſtanding the extreme rigor with which this
ceremony was exacted, biſhop Mountague, in a letter to Laud, owns,
that he knew of no law, article, advertiſement, canon, or injunction,
that required it; nor could he tell where or by whom it came up, only
U 2
that
148
HISTORY OF ENGLAND.
Heylin,
Rushworth,
vol. II. p.191,
& feq.
Prynne'sTrial
of Laud,
p. 128, & feq.
Ann. 1633. baron Walter, and Denham one of the puifne barons
p. 255, & feq. Of the court of Exchequer, made an order at the fum-
mer-affizes held at Exon, for fuppreffing all revels, which
had been uſed upon the Sunday, requiring the juftices
of the peace to fee the fame put in execution; and that
every miniſter in his pariſh-church ſhould read the faid
order yearly, on the first Sunday in February. Richard-
fon, the chief-juftice of the King's-Bench, on being im-
portuned with many enormities that had happened at
country-feafts, made, at the Lent-affizes in the county of
Exon, a fevere order againſt all wakes and revels, accor-
ding to a ſtatute which had paffed in the fifth and fixth
of Edward VI. This was repreſented as a fuppreffing of
religious ceremonies; fuch as feafts of dedication, en-
joined by former popes; and if the people ſhould be
deprived of theſe recreations, they would either go into
conventicles, or into tippling-houſes, and talk of mat-
ters of the church and ſtate. Laud took fire, and com-
plained to the King, that an encroachment was made on
the ecclefiaftical power, in impoſing on men in holy or-
ders the publiſhing of warrants and commands from
the fecular judges. On this complaint, Richardſon was
commanded to revoke his order: He, knowing that he
was obeying the dictates of two confirmed ftatutes, dif-
regarded the injunction, and at the next affizes publiſhed
the fame in a more peremptory manner than before. On
this he was commanded to appear before the council ;
where he was fo roughly treated for his former con-
tempt by archbiſhop Laud, that on his difmiffion he com-
that it was the practice of the Roman church, at leaſt in Italy and Rome.
Prynne's Trial of Laud, p. 89, & feq. p. 96, & feq.
plained
CHARLES I.
149
plained that he had been almoſt choaked with a pair of Ann. 1633.
lawn fleeves. He was directed to revoke his order, which
he did in the following manner: That he was com-
manded by his majeſty to repeal his former order; which
being warranted by fo many precedents, he conceived
he had no power abſolutely to reverſe, but he did, as
much as in him lay, revoke it. This produced a peti-
tion, figned by all the juftices of the peace upon the
bench, defiring leave to fupprefs unlawful affemblies.
Laud engaged the King to ratify a former declaration
made by his father, which revived and enjoined the ob-
ſervation of wakes and feaſt of dedications, and licenſed
fports on the Lord's Day. This ratification was contrary
to the expreſs purport and words of the fore-mentioned
act, and was ſo adverſe to the prevailing opinions of the
age*, that it occafioned a greater murmuring than al-
moft any other illicit exertion of power which had hap-
pened in this reign †.
* Charles paid fo little attention to the opinion of the public in re-
gard to keeping Sunday, that civil affairs were uſually debated at the
council-table; and that day was allotted for masks, plays, and fuch
other amuſements. Hift. of K. Charles, by H. L.
p. 129.
+ Many hundreds of clergymen, for refufing to publiſh the King's
licence, were fufpended from their miniſtry, fequeftred from their liv-
ings, excommunicated, and profecuted fo feverely in the High-commif-
fion court, that they were forced to leave the kingdom. Mr. Laurence
Snelling, miniſter of St. Paul's Cray, in the county of Kent, having
been deprived for this offence, objected to the authority of the court in
a cafe merely civil. Laud, who prefided, gave order not to accept his
anſwer, infolently adding, that whoever ſhould make fuch a defence,
it ſhould be burnt before his face, and he laid by the heels for his pains.
Prynne's Trial of Laud, p. 151.
THE
150
HISTORY OF ENGLAND.
Ann. 133.
THE Dutch, the Walloons, and the French, who had
taken refuge in England from that torrent of perfecution
that deluged almost every other part of Europe during
the fixteenth century, had obtained from former kings
the liberty of celebrating divine fervice after their own
manner. Laud was now determined to deprive them of
that privilege: Having previouſly obtained the conſent
of the King and council, he fummoned their miniſters
to appear before his vicar-general, who delivered them
two injunctions. First, that all the natives of the Dutch
vol.II. p.272, and Walloon congregations in his grace's dioceſe, fhould
Heylin, repair to thoſe feveral pariſh-churches where they inha-
.p.276, & feq. bited, to hear divine fervice and fermons, and perform
Rushworth,
& feq.
all duties and payments required in that behalf. Se-
condly, that the minifters, and all other of the Dutch
and Walloon congregations who were not natives, and
born fubjects to the King's majefty, or any other ſtran-
gers that ſhould come over to them, while they remained
ftrangers might have and uſe their own difcipline, as
formerly they have done; yet it was thought fit that
the Engliſh liturgy ſhould be tranſlated into French and
Dutch, for the better fettling their children to the Engliſh
government. Such injunctions were as a thunderftroke
to theſe ftrangers, who had hitherto found in England an
happy afylum from all degrees. of perfecution. They pre-
ented a petition and remonftrance to the archbiſhop, fet-
ting forth, that the injunctions now impofed were oppofite
to all the privileges which had been continued to them
during the reigns of king Edward VI. queen Elizabeth,
and king James, and confirmed to them by his now ma-
jeſty's regal word. Laud returned anſwer, that his ma-
•
jefty
1
CHARLES I.
151
jeſty was refolved his inſtructions fhould hold; and far- Ann. 1633. ·
ther added, in the true ftyle and fpirit of a perfecuting
zealot," For my part, I doubt not but yourfelves, or
་
your pofterity at leaſt, fhall have caufe to thank both
the ftate and the church for their care taken of you:
But if you refufe (as you have no cauſe to do) and I
hope you will not, I fhall then proceed againſt the na
tives according to the law and canons ecclefiaftical."
Theſe threats were fo feverely executed, that thoufands Coke, p. 311,
of families were driven out of this country into Holland Echard.
and New England; to the great damage of all kind of
*
manufactures *.
萝
​‹ * Coke relates, that one hundred and forty families of the workers
of the woollen manufactory, which fupplied Hamburgh and the coun-
tries within the Sound, went into Holland, where the Dutch for ſeven
years eſtabliſhed them free of houſe-rent and excife; and from theſe
exiles became inftructed in the woollen manufactory, which they were
before unacquainted with..
The city of Canterbury had petitioned in behalf of the French and
Dutch congrégations dwelling with them; infifting, among other
things, on the great charge they fhould incur, if the relief of the poor
French, which had hitherto been maintained on the common purſe of
that church, ſhould be cast upon them; and the great want of work
which would happen to their own poor, if the manufactures of the
French fhould be difcontinued. This produced no other effect than
the following claufe added to the injunction: That the natives fhould
continue to contribute to the maintenance of their miniftry, and the
poor of their church; and that an order ſhould be obtained from his
majefty, if it were defired, to maintain them in their manufactures,
againſt all fuch as fhould endeavour to moleft them by informations.
& feq.
It is faid, that Richlieu made the following ſpeech on this exacted!
conformity. "If a king of England, who is a Proteftant, will not
permit two difciplines in his kingdom, why fhould a king of France,
who is a Papift, admit two religions ?"
The
152
HISTORY OF ENGLAND.
Ann. 1633.
Heylin,
P. 274, & feq.
To render the church of England, formed after the
new model, as much marked and as much diffuſed as
the church of Rome, Laud adviſed, that the Engliſh li-
turgy, with all the new rites and ceremonies preſcribed,
ſhould be impoſed on the regiments and trading compa-
nies abroad. The King's ambaffadors in foreign coun-
tries had orders to withdraw themfelves from the com-
munion of the Hugonots: And thus was entirely loft to
the crown of England the honour and the advantage of
being eſteemed the head and the fupport of the Refor-
mation. On Laud's tranflation to the fee of Canterbury,
vol. II. p 273, the chapels of Lambeth and Croydon were fuddenly
adorned with all the trappings of Popery *. The ftories
of the old remains of paintings in the windows were
made up according to the Roman miffal. The furniture
and ornaments of the communion-table were adequate
to the windows; and as thefe were to be the leading ex-
amples to all the other churches, copes in adminiftring
the facrament were conftantly worn, bowing towards the
altar was punctually obſerved, with all the other puerile
ceremonies which made up the effentials of Laud's reli-
Rushworth,
.& feq.
/
C
A
The following was king Charles's anfwer to the deputies of the fo-
reign churches, the thirtieth of April, 1625. "I affure you, that I
will continue to you the fame favour which the King my father did
fhew unto you; and I hope that my marriage fhall not be any damage
to you, but rather occafion much good to your countrymen Coke,
vol. I. p. 311, & feq. Heylin, p. 279, & feq. Trial of Laud, by Prynne,
P. 397.
""
* A rich large crucifix, embroidered with gold and filver, was hung
up in the King's chapel, over the altar; to which, as Prynne tells us,
the chaplains were ordered to make their beſt bows. Laud fet the ex-
ample at his ingreſs and egrefs, a lane being made for him to fee the
altar, and do his reverence to it.
gion.
;
CHARLES I.
153
gion. So indefatigable was this prelate in introducing Ann. 1633.
theſe innovations, which refembled the Romish ritual,
that not only the fubjects of Great Britain, but all Eu-
rope, believed the church of England to be relapfing faft
into the true orthodox fuperftition. The court of Rome
entertained hopes of regaining its authority; and, in
order to forward Laud's pious intentions, made him
twice an offer of a cardinal's hat. He declined accept-
ing it, faying, "That fomething dwelt within him which
would not fuffer his compliance, till Rome were other
than it is."
LAUD's objection was to the pretenfions of the Pope :
He did not chufe to fubject his metropolitical power to
the court of Rome. It is very plain, that the genius of
his religious opinions were very much the fame with
that of the Romiſh faith. If himſelf or his mafter had
any objection to Popery, it arofe, in the one, from the
authority the Pope claimed over princes, and from the
king-killing principles of the Jefuits; in the other, from
the defire of enjoying a papal authority in Great Britain.
The fame profound veneration was demanded to the ſa-
cerdotal character as the church of Rome exacted the
fame abfolute fubmiffion to the creeds and decrees of
ecclefiaftical councils; the fame pomp was affected in
worship; and the fame fuperftitious regard to ceremo-
nies, days, poſtures, meats, and veſtments. This fuper-
ftition, which as much defiled the purity of religion,
and was as noxious to civil liberty, as Popery, both the
King and Laud avowed, and attempted by force to ef
rabliſh; appealing to the unfettled opinions of half-con-
verted prelates on the early dawn of Reformation, and
VOL. II.
X
+
;
to
Laud's Diary,
of his Life, by
in the Breviate
Prynne, p.18.
154
HISTORY OF ENGLAND.
T
Ann. 1633. to the authority of fathers who wrote in ages when
the Chriſtian church more than inclined to an idolatrous
ſuperſtition, and was deeply fullied with the drofs of
time.
·
:
WHILST all England trembled at the power Laud ex-
erted, from his influence over the council-table, Star-
chamber, and High-commiffion court; whilft the terrors
of Leighton's puniſhment hung yet on the mind of the
public; the courage, or rather hardineſs, of William
Prynne, a barrifter at law, gave rife to a ſcene of almoft
equal butchery. This man was a Preſbyterian, as obſti-
nate, as zealous, and as limited in his opinions, as Laud
himſelf. His religious affections were much fhocked at
the increaſing profligacy of the times, excited and en-
couraged by a fwarm of theatrical performances, whofe
numbers had in a manner deluged the age. The wor
thy purſuits of fcience were, with never-failing watch-
fulneſs, barred from the fubject by thoſe Argufes that
guard tyranny, the licenfers of the prefs. Thus ex-
cluded from the uſeful paths of literature, the people of
genius and fancy applied themſelves folely to the writing
of plays, and fuch kind of compofitions, which, tho'
they gave no offence to power, were very deftructive to
the morals of the people, who purſued theſe amuſements
with an eager, uncloyed appetite. The King, the Queen,
and the whole court, entered with glee into a ſpecies of
entertainment, which, whilft it varied the action of the
idle buſineſs of a monarchical life, helped to diffipate
that reflection in the public which is fo formidable to
ill-defigning princes. Mafks and mummings, drolls and
dancings, were now the chief occupation of life; and
Charles,
d..
:
CHARLES
ช
·
I.
•
155
:
Charles, who from his infancy had imbibed a taſte for Ann. 1633.
romances, made one with the Queen, the noblemen, the
ladies, and other followers of the court, in theſe exhibi-
tions * In the midft of this general rage for what was
called pleaſure, Mr. Prynne took up the pen, and wrote
a book, levelled againſt the darling diverfions of both
King and fubject. He tells us, in his dedication to the
law-fociety of Lincoln's-Inn, that he was incited to this
daring act on having feen, in four feveral plays, great
wickedneſs and lewdnefs; that fome young gentlemen
of his acquaintance, who frequented play-houſes, from
being civil and chafte, became fo vicious and prodigal,
that they were difinherited by their parents; that the
number of players, play-books, and play-houſes, were
ftill encreaſing; that above forty thoufand play-books
were printed within two years; that two old play-houſes
were lately re-edified and enlarged, and one new one
erected; that the multitude of London play-haunters
were ſo augmented, that all the ancient play-houſes, be-
ing five in number, were not fufficient to maintain their
troops; that a fixth was now added to them: whereas,
even in Nero's reign, there were but three ftanding the-
atres in Rome. Mr. Prynne's great zeal to reform the
age made him fwell this performance to one thouſand
pages, being a collection of all the paffages againſt the-
atrical performances he had found in the fathers, and
other grave authors, with his own prolix remarks. This
ftupendous work was entitled,
entitled, “ Hiſtrio-Maſtix.”
It ap-
* They were allegorical repreſentations of deities, heroes, elements,
feaſons; ſometimes the glories of the reigning family were fung and
danced in theſe pieces; with other flattering fubjects of this fort.
X 2
peared
}
5
156
HISTORY OF ENGLAND.
+
Ann. 1633. peared fo inoffenfive, that he got it formerly licenſed by
archbiſhop Abbot's chaplain. Six weeks after it came
out, the Queen acted a part in a paftoral. Laud, who
was a great enemy to Prynne*, fhewed this book to
the King and Queen, laying a malicious ftrefs on a re-
ference in the table of the work, "Women-actors noto-
rious whores." Prynne was confined to the Tower. Dr.
of Prynne. Heylin, Laud's creature, was fet to collect all the fevere
paffages in the performance; and Noy was charged to
profecute the offender in the Star-chamber t.
Profecution
Noy truly
*For having detected him in his endeavours to impoſe Arminian
tenets as the orthodox opinions of the church of England; on account
of his publication againſt the neceffity of epifcopacy, againſt the inno-
vations introduced in religious worship; and becauſe of his fuccefs in
procuring prohibitions to Laud's proceedings againſt him in the High-
commiffion court. Prynne in this performance afferted, that biſhops:
ought to invite the poor to their tables, to have part of the ſcripture
read at meals, and preach conſtantly once a-day; that minifters ought
not to meddle with fecular affairs, nor bear fecular offices. Prynne's
Trial of Laud.
+ The behaviour of the individuals that compofed this infamous
court of Star-chamber, on the judgment they gave againſt Prynne, is
fo puerile, infolent, and unbecoming the denomination of a court of
juſtice, that it is proper in an hiftory of thoſe times to expoſe it to the
contempt of the public.
题
​The first that ſpoke was lard Cottington. He declared, that Mr.
Prynne, in that libellous book, had expreffed a malice againſt all man-
kind, and the beſt fort of mankind, kings, princes, peers, prelates,
magiſtrates, and governors; that he was affifted immediately by the
Devil himſelf, or rather, that he had affifted the Devil. Among other
curious paffages in Cattington's fpeech, he, addreffing the affembly,
faid, 66
My lords, fhall not all that hear theſe tidings think that it is
the mercy of the King that Mr. Prynne is not deftroyed? Have not
we ſeen men condemned to be hanged and quartered for far lefs mat-
ters? One Pinchman, I was myſelf employed with others in the exa-
mining him: He confeffed, that the writing for which he was quef-
tioned
:
•
CHARLES I
157
performed the part of the King's attorney, inflaming Ann. 1633.
his charge with forced conftructions and aggravating
tioned was a fermon, which he did intend to preach; the words were
against the perfon of the King, yet he never preached it; yet becauſe
he had written it with an intention to preach it, he was brought upon
this point, and condemned to die. But this book is in print: It is
againſt all magiftrates, and particular againſt our fovereign and his
bleffed confort. And yet, my lords, it pleaſeth his majefty to let Mr.
Prynne have his trial here. Mr. Attorney noted unto your lordships,
that you ſhould fee how neceffary it was that Mr. Prynne fhould be
clean cut off, as one that had a long time endeavoured to move the
people againſt the King. So I fay with Mr. Attorney, it is high time
that Mr. Prynne may be cut off, fo far as may go with the cenfure of
this court. My lords, Mr. Prynne is better dealt withal than he would
have princes dealt with: he has had fair trials.”
The next perſon who fpoke was the lord-chief-juftice Richardſon.
"My lords, faid he, every man taketh upon him to underſtand what
he conceiveth, and thinks he is nobody unleſs he is in print. We are
troubled here with a monster (monftrum horrendum informe ingens). I
do not think that Mr. Prynne is the only actor in this book, but that
there were many heads and hands in it befides himſelf. I would to
God in Heaven that the Devil, and all elfe that had their heads and
hands therein befides Mr. Prynne, were, &c. for I think that they are
all ill-willers to the ſtate, and deferve puniſhment as well as Mr. Prynne
doth. For the book, I do hold it a moft fcandalous, infamous libel
to the King's majefty-a moft pious and religious King; to the Queen's
majeſty—a moſt excellent and gracious Queen; fuch a one as this king-
dom never enjoyed the like, and I think the earth never had a better.
I ſaid, it was a feditious libel: This point of fedition is the only thing
that troubles me; and it is that which I fhall offer to your lordships;
for I do know it, the good opinion, heart, will, and affections of the
King's ſubjects, are his greateſt treaſure. Now if this be fo, for any
man cunningly to undermine thefe things, to take away the hearts of
the fubjects from the King, and to bring the King into an ill opinion
among his people, this is a moft damned offence; and if I were in my
proper place, and Mr. Prynne brought before me, I ſhould go another
way to work. I proteſt unto your lordships, it maketh my heart to
fwell, and my blood in my veins to boil (fo cold as I am) to fee this
of
158
HISTORY OF ENGLAND.
Ann. 1633. terms, till general invectives againſt plays were mounted
to a treaſonable libel, of dangerous confequence to the
or any thing attempted, which may endanger my gracious fovereign:
it is to me the greateſt comfort in the world to behold his profperity.
Mr. Prynne writeth, that Tribellius Pollio relates, that Martian, Hera-
clius, and Claudius, three worthy Romans, confpired together to mur-
der Gallienus the emperor, a man much befotted, and taken up with
plays, to which he likewife drew the magiftrates and people by his lewd
examples; as Flavius and others confpired Nero's murder for the ſelf-
fame caufe. Now, my lords, that they ſhould be called three worthy
perfons that do confpire an emperor's death (though a wicked empe-
ror), it is no Chriftian expreffion. If fubjects have an ill prince, marry
what is the remedy? They muſt pray to God to forgive him; and not
fay they are worthy fubjects that do kill him. If they were worthy
acts, Mr. Prynne, I can tell what you are. No man will confpire to
murder a king, that can be a worthy actor; for the very thought of it
is high-treafon. He ſpeaketh of theſe three, that they were three wor-
thy Romans that did confpire to murder Nero. This is moſt horri-
ble; and here can be no manner of expofition, but in the worſt fenfe.
For his excufe, he hath made none at all, only that it was not his
intention."
CC
Now, my lords,
power,
power, and
The earl of Dorſet, the Queen's chamberlain, was the laſt man that
fpoke: He ran out into an elogium on his miſtreſs.
faid he, as he hath wounded his majeſty in his head,
go-
vernment, and her majeſty, his majeſty's dear confort, our royal queen,
and my gracious miftrefs, I can fpare him no longer; I am at his heart.
Oh, quantum! &c. If any caft afperfions and cenfures on our Queen
and her innocency, filence would prove impiety, rather than ingratitude
in me, that daily contemplate her virtues. I will praiſe her for that
which is her own; fhe drinks of the fpring-head, whilft others take up
with the ſtream. I fhall not alter the great truth, that has been faid
with a heart as full of devotion as a tongue of eloquence, the other
day, as it came to his part, Sir John Finch: "My lords, her own ex-
ample to all virtues, the candor of her life, is a more powerful mo-
tive than all precepts, than the ſevereft laws; no hand of fortune or of
power can hurt her; her heart is full of honour, her foul of chaſtity;
majeſty, mildneſs, and meekneſs, are fo married together, and ſo im-
paled in her, that where the one begetteth admiration, the other love.
Her
CHARLES I.
159
realm and ſtate. Prynne having owned himſelf the au- Ann. 1633.
thor, the following cruel fentence was paffed upon him:
Her foul of that excellent temper, fo harmoniouſly compoſed; her zeal
in the ways of God unparalleled; her affections to her lord fo great,
if ſhe offend him it is no fun-fet in her anger; in all her actions and
affections fo elective and judicious; and a woman fo conftant for the
redemption of all her fex from all imputation which men fometimes
lay on them; a princefs for the fweetneſs of her difpofition, and for
compaffion, always relieving fome oppreſſed foul, or rewarding fome
deferving fubject. Were all fuch faints as fhe, I think the Roman
church were not to be condemned. On my conſcience, fhe troubleth
the ghoſtly father with nothing, but that the hath nothing to trouble
him withal. And fo, when I have faid all in her praiſe, I can never
ſay enough of her excellency; in the relation whereof an orator can-
not flatter, nor a poet lie." When the earl of Dorſet had finiſhed his
exalted panegyric, he gave his fentence againſt Mr. Prynne in the fol-
lowing low, illiberal, abufive terms. "Mr. Prynne, faid he, I do
declare you to be a fchifm-maker in the church, a fedition-fower in
the commonwealth, a wolf in ſheep's cloathing; in a word, omnium ma-
lorum nequiffimus. I fhall fine him 10,000l. which is more than he is
worth, yet leſs than he deſerveth. I will not fet him at liberty, no
more than a plagued man, or a mad dog, who, though he cannot bite,
he will foam. He is fo far from being a fociable foul, that he is not a
rational foul; he is fit to live in dens with fuch beaſts of prey as wolves
and tigers like himſelf; therefore, I do condemn him to perpetual im-
priſonment, as thoſe monſters that are no longer fit to live among
men, nor to fee light. Now, for corporal puniſhment, my lords, whe-
ther I ſhould burn him in the forehead, or flit him in the noſe; for I
find that it is confeffed of all, that Dr. Leighton's offence was lefs than
Mr. Prynne's-then why fhould Mr. Prynne have a lefs puniſhment?
He that was guilty of murder was marked in a place where he might
be ſeen, as Cain was: I fhould be loth he ſhould eſcape with his ears,
for he may get a perriwig, which he now fo much inveighs against,
and fo hide them, or force his confcience to make ufe of his unloveiy
lové-locks on both fides; therefore, I would have him branded in the
forehead, fit in the nofe, and his ears cropt too, my lords. My lords,
I now come to this ordure, I can give no better term to it, to burn it,
as it is common in other countries; or otherwife we fhall bury Mr,
2
Prynne,
160
HISTORY OF ENGLAND.
Ann. 1633.
Sentence on
Prynne,
>
"To be put from the bar; to be excluded from the fo-
ciety of Lincoln's-Inn, and degraded at Oxford; to ftand
in the pillory at Weſtminſter and Cheapfide, with a paper
Prynne, and ſuffer his
burning of the book.
ghoſt to walk: I fhall therefore concur to the
But let there be a proclamation made, that who-
foever ſhall keep any of the books in his hands, and not bring them to
fome public magiftrate to be burnt in the fire, let them fall under the
fentence of this court."
The earl of Dorſet, in the beginning of this harangue, ſaid, that
he ſhould do that which a judge ought to do; viz. affift the priſoner at
the bar.
Mr. Prynne had lain a whole year in the Tower before he was brought
to this court to receive fentence. In the following year he was again
profecuted for having written a letter to Laud, with very free animad-
verfions on the ſeverity of his treatment: He eſcaped a ſecond puniſh-
ment by dexterously getting the letter in his hands, and thus deprived
the archbiſhop of evidence. Noy opened the charge by ſaying, that he
had had much more favour fhewn him than he deſerved; he had been
mercifully dealt withal. He had been in priſon, he had been degraded,
he had had his ears cut off, he had undergone all ſhame.
*
There is a paffage in lord Cottington's fpeech, on his fentence given
againſt Prynne, which gives rife for ſuſpicion that there were cruelties
practiſed by Charles and his miniftry, againſt the oppofers of the court,
which are unknown to pofterity. One Pinchman was condemned to
die for writing a fermon he never intended to preach. I believe there
is a miſtake in the printing this name, and that the fact Cottington
mentions relates to one Edmund Peachum, who, in the twelfth of
James, was tried in Somerſetſhire for the aforefaid offence, and
brought in guilty of high-treafon: He had been kept in priſon a
whole year before his trial. In priſon, he had been racked ſeveral
times, as has been obferved in the first volume of this hiftory. James
was fo defirous of obtaining his condemnation, that he fent his fer-
jeant and folicitor down to profecute him. In this reign, I find an
inſtance of a man impriſoned and racked on a falſe information of
treaſon. Rushworth, vol. II. p. 247, & feq. Vol. III. Appendix, p. 34.
Letters, Speeches, &c. by Dr. Birch, p. 47, note. State Trials, vol. I.
P. 396, & feq.
7
on
A
161
CHARLES
.
1I.
1
on his head, declaring his offence to be an infamous li- Ann. 1633.
bel against the King, the ftate, and the government; to
loſe an ear in each place; to have his book burnt be-
fore his face by the hands of the common hangman;
to be fined five thousand pounds to the King; and to
fuffer perpetual impriſonment." Michael Sparkes, the
publiſher and printer of the book, was fined five hun-
dred pounds, and to ftand in the pillory.
chaplain, who licenfed it, fifty pounds.
with this lenity becauſe he avowed to the court, that he
approved of all the ceremonies then uſed in the church
church-mufic he did allow of, and bowing at the name
of Jefus.
Buckner, the
He was uſed
;
THE illegal, barbarous puniſhment that had been in-
flicted on Prynne, inftead of roufing the half-fubdued
ſpirit of the Engliſh, gave rife to a pompous perform-
ance of the fame fort which the unfortunate barrifter had
with fo much hardinefs condemned. Noy the attorney-
general, Sir Edward Finch the fpeaker of the Houſe of
Commons, and other dependents of the court, had fo
much influence on their brethren, as to inftigate them
to offer a maſk to the King and Queen, to wipe off the
ftain of being thought difaffected to their favourite
amufement. To the ridicule of every perſon of com-
mon ſenſe in the kingdom, the four grave focieties of the
inns of court threw afide their law-ftudies and attached
themſelves with earneftnefs to the important buſineſs
of a mafk, the regulating of which was entruſted to
committees and fub-committees appointed for that pur-
pofe. Neither pains nor coft was neglected: It is faid
that this compliment coft the lawyers upwards of
21,000l.
VOL. II.
Y
162
HISTORY OF ENGLAND.
Ann. 1633. 21,000 1. *
21,000 1.* The King and Queen were fo delighted
with the ſhow, that, according to their defire, it was
again repeated in the city, at the expence of the lord-
mayor, who entertained them with a magnificent din-
ner; and the city had the complaifance to preſent the
vol. I. p. 207. Queen with a jewel worth four thousand pounds. They
had offered a prefent of two thouſand pounds; but that
was rejected by the Queen's chamberlain, as a gift not
coftly enough †.
Strafford's
Letters,
* The lawyers fhewed their diſlike to patents and monopolies by a
piece of fatire introduced in the maſk. Patents were ridiculed by a
man riding on a little horſe with a great bit, himſelf wearing a bit,
head-ſtall, and reins, and begging a patent that none in the kingdom
might ride their horfes but with fuch bits as they ſhould buy of him.
Monopolies were ridiculed under the character of a man with a bunch
of carrots upon his head, and a capon on his fift, begging a patent of
monopoly, as the firſt inventor of the art of fattening capons with car-
rots. Whitlock, p. 18, & feq.
+ Among the proclamations of this year, one enjoined the ufe of
the bow and pike in military difcipline. Another was publiſhed for
prizing of wines: The price of the beſt French wine was fixed at one
fhilling a-quart. Another reſtrained the fale of tobacco; and another
limited the prices of victuals within the houfhold: This order was exé-
cuted by an officer nominated the Clerk of the market of his majeſty's
houſhold, who not only fet arbitrary rates on provifions, but regulated
the buſineſs of weights and meaſures, and all abuſes therein. So very
monarchical was the practice of theſe times, that this officer was in-
vefted with a power to inflict not only pecuniary but corporal puniſh-
ment on offending and refractory perfons. Farther to fhew the power
which the King and privy-council exerciſed to dictate in all matters re-
lative to the police of the country, an order of the council was hung
up in a table near St. Paul's and the Black Friars, to command all that
reforted to the playhouſe to fend away their coaches to difperfe abroad
in St. Paul's church-yard, and other places, not to return to fetch their
company, but they to go on foot to their coaches.
་
A
A com-
;
$
CHARLES 1.
163
THE most active fecond of Laud in all his arbitrary Ann. 1633.
practices was the lord viſcount Wentworth *. This man,
fince he commenced courtier, had become fo great a tool
of monarchy, and given fuch way to his vanity, and
other contemptible paffions, that he feems to have facri-
<
ر
behaviour as
the council of
ficed with his virtue all pretenfions to common ſenſe.
During his preſidentſhip. of the council of York, he ex- Wentworth's
erciſed his power not only unjustly, but with a childish prefident of
infolence. Sir David Fowlis, one of the council of York, York.
a deputy-lieutenant, and juftice of the peace; Sir Tho-
mas Layton, fheriff of the county; and Henry Fowlis
Efq; were by him brought into the Star-chamber for
diſcouraging people from paying their compofition-mo-
ney in the matter of knighthood. Tho' the charge was
frivolous, and amounted to nothing but fome trifling
cenfures of the preſident, and juſt reflections on the au-
thority of the council of York; after afferting the pre-
rogative of the crown in the buſineſs of knighting, the
A commiffion was given to the archbiſhop of Canterbury, the biſhop
of London, and others, for the compounding of differences between
debtors and their creditors. This act of arbitrary fovereignty had been
exerciſed both by Elizabeth and James.
*
Among the numberless proclamations of this reign, there is one againſt
merchants, fiſhermen, and mariners, who having in king James's time
been prohibited to trade with the favages of New-England, did barter
away to thoſe ſavages fwords, pikes, mufkets, match, powder, ſhot,
. with which they deftroyed the Engliſh who fold thoſe weapons to
them. Strafford's Letters, vol. I. p. 175, & feq. Rymer, vol. XIX. p. 210,
228, & feq.
* Wentworth's firft advice in council was, that the King ſhould take
tonnage and poundage as belonging to his prerogative, if the parlia-
ment refuſed to grant it; and to protect the farmers of the cuſtoms in
defiance of that affembly. Lloyd's Worthies, fol. ed. London, 1668,
P. 22.
Y 2
court
164
HISTORY OF ENGLAND.
Ann. 1633.
court fined Sir David Fowlis, as the principal offender,
five thousand pounds to the King, and to acknowledge
his great and feveral offences to his majefty and the lord
viſcount Wentworth, not only in the court of Star-cham-
ber, but in the court of York, and likewife at the open
affizes in the fame county, where the decree was to be
publicly read; moreover, to pay three thouſand pounds
to the lord Wentworth. As the council urged no proof
againſt Sir Thomas Layton, he was difmiffed without cen-
fure. Henry Fowlis was committed to the Fleet, and to
pay five hundred pounds to the King's ufe *.
*In the following manner did Wentworth prejudge the caufe, and
folicit his fellow-counſellors for a ſentence flattering to his vanity and
his revengeful difpofition. To lord Cottington he writes thus: "The
fentencing this man (Fowlis) fettles the right of knighting bufinefs
bravely for the crown; for in your fentence you will certainly declare
the undoubted right and prerogative the King hath therein, by com-
mon law, ftatute law, and the undeniable practice of all times: And
therefore I am a fuitor by you to his majefty, that he would be gra-
ciouſly pleaſed to recommend the cauſe to the lords, as well in his own
right, as in the right of his abfent poor fervant, and to wish them all
to be there. You are like to begin the fentence; and I will be bold
to tell you my opinion thereon: You have been pleafed fometimes, as
I fat by you, to aſk me my conceit upon the cauſe then before us; ad-
mit me now to do it upon my own caufe; for by my truth I will do
it as clearly as though it concerned me not. First, I defire you to re-
member how Greenfield was fined for calling my lord Suffolk only
bafe lord; how a jury gave three thousand pounds damages to, my
lord Say for the fame words; and then balance the flander moſt ignomi-
niouſly and maliciously put upon me by Sir David and his fon, and let
me not be lefs valued than other men, when I conceive that I merit
to be more regarded than they: For, firft, I fuffer merely for my zeal
in his majeſty's fervice, never having given him the leaft perfonal of-
fence in all my life. Secondly, I was then in the heat of his majeſty's
bufinefs, which might by this means, taking away my credit, have
been deftroyed: I was (albeit unworthy) in that place chief governor
6.
under
?
CHARLES I.
165
7
}
>
THE Council of York had been erected by Henry VIII. Ann. 1634.
without any authority of parliament, under the fpecious
pretence of eafing thoſe ſubjects who had not money to
幾
​३
under his majesty, his lieutenant, and prefident of his council there,
which makes this a direct mutiny, and ſtirring up a fedition againſt
the regal authority, as well as me. Thirdly, it is the moft untrue, as
well as malicious calumny, that ever was fet on a man. Much more I
could fay, if I were in the Star-chamber to ſpeak in fuch a cauſe for
my lord Cottington. But I will conclude with this, that I proteft to
God, if it were in the perfon of another, I fhould, in a caufe fo foul,
the proof fo clear, fine the father and the fon, Sir David and Henry
Fowlis, in two thouſand pounds a-piece to his majefty, and in two-
thousand pounds a-piece damage to myfelf for their fcandal; and they
both to be ſent down to York, and there publicly, at York-affizes next,
to acknowledge in the face of the whole country the right his majeſty
hath to that duty of knightings, as alfo the wrong he hath done me ;-
humbly craving pardon of his majefty, and expreffing his forrow fo to
have mifreprefented his majefty's moft gracious proceeding, even in that
courſe of compounding, where the law would have given him much.
more, as alfo for fo falfly flandering and belying me without a caufe..
For Sir Thomas Layton, he is a fool, led on by the nofe by the two
former; nor was I willing to do him any hurt, and fo let him go for a
coxcomb.as he is; and when he comes home, tell his neighbours it was
well for him he had lefs wit than his fellows."
On Wentworth's compliments on this account to Laud, he returned
anfwer, That whereas he (Wentworth) ferved the church fo heartily,
church-men would be much to blame if they did not ſerve him.
Wentworth brought a yet more childish complaint againſt Henry Bel-
laffis, fon to the lord Falconberg. He was called before the council-
board to anſwer his not having pulled off his hat to the lord-prefident.
Notwithſtanding he pleaded he was talking to the lord Fairfax, and
that his face was turned another way, he was committed to the Gate-
houſe, till he had on his knees made an acknowledgment to the offended
prefident. Strafford's Letters, vol. I. p. 145, 212, & feq. Rushworth,
vol. II. p. 8..
pro-
166
HISTORY OF ENGLAND.
1
$
Ann. 1634. profecute their fuits in the courts of Weſtminſter.
The
jurifdiction of this unconftitutional court extended over
Yorkſhire, Northumberland, Cumberland, and Weſtmore-
land, the bishopric of Durham, the counties of the ci-
ties of York, Kingſton upon Hull, and Newcaſtle upon
Tyne. At the firft, it acted according to the rules of
other criminal courts; but king James, in the very firft
year of his reign, by his commiffion to the lord-prefi-
dent, made it depend on inftructions which the King
fhould fend; its bounds to be limited or enlarged accor-
ding to the conveniencies of ftate. Charles, who im-
proved upon every plan of ufurpation which had been
traced out by his father, at the defire of the lord Went-
worth, renewed the commiffion to him, with ſuch exor-
bitant powers that it made the council of York a court
of equity, with an extenſive civil juriſdiction, independent
of the courts of Weſtminſter, and every rule of law in
Rym. Fod. the kingdom. Among other matters, the prefident and
P.414, & feq. council were to puniſh divers offences, whether the fame
was provided by act of parliament or not, fo as the fines
impoſed were not lefs than were appointed by parliament.
Likewiſe, to hear and determine, according to the courſe
of proceedings in the court of Chancery, all manner of
complaints, and to ſtay proceedings in the courts of com-
mon law, by injunctions or otherwife, as is uſed in the
courts of Chancery; that no prohibition fhould be grant-
ed at all, but in cafes where the prefident exceeded the
limits of his inftructions; and that if a Habeas Corpus
was granted, the party not to be diſcharged till he per-
formed the decree of the court; if any fine or amercia-
ment ſhould be fet for not freeing fuch perſons com-
mitted
vol. XIX.
#
CHARLES I.
167
k
mitted before the decree was performed, the treaſurer Ann. 1634.
and barons of the Exchequer were by the inftructions or-
dered to diſcharge it. And if any commiffion of rebel-
3
lion againſt the decree of the faid court fhould be fued
out of the court, and the party ſhould happen to fly
out of the juriſdiction of the faid court, the ferjeant
at arms attending the lord-prefident or vice-prefident, or
any other they ſhould authorize in that behalf, were to
attach the perſon ſo offending in any parts of the realms
of England *. "And whereas, added the inſtructions,
we perceive that mildneſs and favours do much bolden
the evil-diſpoſed, we earneftly require the ſaid lord-prefi-
dent and council, for ſome convenient feafon from hence-
forth to uſe ſeverity againſt notable offenders, and to pu-
niſh them without long delay, not only by pain of body
and impriſonment, but alſo by good fines and amercia-
ments, fo as the opinion and report of ſeverity may work
that by force which is, and hath long been ſeen will not
be obtained by favour and gentleneſs +."
* Theſe inſtructions were even more arbitrary than thoſe that were
given to the lord-prefident of the principality of Wales. The govern-
ment of this country had been thought fo oppreffive, that Jamės had
been continually petitioned by the Commons, though in vain, to give
up this part of his prerogative, and admit that the Welch fhould be
under the fame jurifdiction as were the fubjects in England.
+ Theſe additional clauſes were added on the lord Wentworth hav-
ing exerted a tyranny beyond the bounds of his inftructions. One
Vaux procured a prohibition: He was arreſted by a warrant from the
lord Wentworth, and afterward refcued. Another warrant was directed
for the bringing the refcuers from London to York, where they were
impriſoned: Wentworth faying, that whofoever brought a prohibition
there he would lay them by the heels; that he would try the juriſdic-
tion of the court of York; and if the judges did not remand the cauſe
back again, he would appeal to the King. Mr. Thorpe, a lawyer and
juſtice
E
168
HISTORY OF ENGLAND.
Ann. 1634-
THE attention of the miniftry for the first five years
of Charles's reign had been fo entirely directed to the
1
{
22
juſtice of peace, on obtaining a prohibition, was put out of his office.
He having, at the quarter-feffions, declared he would appeal from that
court to the judges, Wentworth brought him upon his knees to make
fubmiſſion; ſaying, that he would teach him there were other men for
him to complain to, the prefident and council. Wentworth was angry
with Thorpe for not continuing long enough on his knees, and bound
him over to his good behaviour, and to make fubmiffion at the feffions
for having defended his client's caufe with warmth, though he appealed
to the King's council whether he had ſpoken any thing contrary to law.
This was not the only perfecution Thorpe met with from the angry
deputy: One day, as he attended a caufe in the Star-chamber, Went-
worth accofted him thus: "I command you not to depart the town.
In compliance with this injunction, Thorpe attended fome time, with-
out being told the nature of his offence, only that he did oppoſe the
lord Wentworth, and he ſhould attend. At length, by the intereſt of
the lord Goring, he was difmiffed into the country, with an order to
pay knighthood-money, though he had not been in poffeffion of forty
pounds a-year three years before the coronation, as mentioned in the
writ. Another offender having been arreſted by a ferjeant at arms, and
kept eighteen weeks in confinement, appealed to the King at the coun-
cil-table. Wentworth being prefent, fell on his knees, and beſought
the King to let him leave his fervice, if his inftructions might not be
fo good as to bring in a delinquent that had ſtepped over the water:
The prefident complaining to Cottington that the Exchequer-men
had fent out warrants to bind all recufants to their good behaviour,
writes, “And to help this matter the better, juftice Vernon openly
in his charge at York-affizes delivered, as he ſaid, my lord-keeper's di-
rections, and the King's command, concerning recufants; that his ma-
jelty's pleaſure was, that the juftices of the peace ſhould execute all
the ftatutes upon them, which was obſerved to be very faintly and re-
miſsly performed, and eſpecially that of twelve-pence a-Sunday; and
preſſed it fo far as to make their former neglect of execution diſloyalty,
if not perjury. It feems, either did my lord-keeper very effectually
deliver his majeſty's pleaſure to the judges before the circuit, or this
juſtice Vernon very dutifully obferve it. Betwixt them, I am fure they
have made all the recufants ready to run from their compofitions,
thinking
CHARLES I.
169
ſubject, Ann. 1634.
To the Affairs of
fubduing the determined fpirit of the Engliſh
that Ireland had been in a manner neglected.
Irish plantations, undertaken by king James, Scotland
thinking that there is no faith to be kept with them on this earth; and
fo hazards the overthrowing a greater ſervice than they, put them both
together, will do his majeſty, I believe, this feven years. Nor was
Mr. Juſtice Vernon lefs peremptory with his majeſty at Durham: For
being on the bench, hearing a Nifi Prius, there were offered by the
one fide certain depofitions to be read, taken before the prefident and
council; the judge rejected them. It was replied, by the King's in-
ftructions they were commanded to be read; and offered to fhew that
article in the inftructions under the great feal of England, which fo
ordains it: But my gentleman, he knew of no fuch matter-the in-
ftructions were nothing to him-and fo would not fuffer either the
reading of the depofitions or articles. If this were not a goodly exam-
ple, in the face of a country living under the government of a prefi-
dent and council, for the refpect and obedience due to the authority
fet over them by his majeſty, of that awful reverence and duty which
we all owe to his majeſty's declared good will and pleaſure, under the
great feal, I am much miſtaken. I do therefore moſt humbly beſeech
this judge may be convented at the council-board, charged with theſe
two great mifdemeanors; which if he deny, I pray you fay openly in
council, that I am the perfon will undertake to prove them againſt
him; and withal affirm, that by theſe ftrange extravagant courſes he
diftracts his majeſty's government and affairs more than ever he will be
of uſe to them; and that therefore I am a moft earneſt fuitor to his
majefty and their lordships, that he be not admitted to go that circuit
hereafter: And indeed, I do moft earneftly befeech his majefty by you,
that we may be troubled no more with ſuch a peeviſh, indiſcreet piece
of flesh.
"I confefs I difdain to fee the gown-men in this fort hang their
nofes over the flowers of the crown, blow and fnuffle upon them, till
they take both fcent and beauty off them; or to have them put fuch
a prejudice upon all forts of men, as if none were worthy to be trufted
with honour, and adminiſtration of juftice, but themfelves." Ruſh-
worth, vol. II. p. 158, & feq. Strafford's Letters and Dispatches, vol. I.
p. 129, & feq.
VOL. II.
Z
had
Ireland.
.
170
HISTORY OF ENGLAND.
?
Collier's
Ann. 1634. had tranfplanted the greateſt number of adventurers:
Ecclefiaftical Thefe planters gave the tinct of Calvinifm to the re-
History, formed religion in that country. In the year 1615, by
vol. II. p.708. the management of the learned Dr. James Ufher, then
fol. ed. 1714,
provoft of Dublin-college, and afterwards lord-primate,
the whole doctrine of Calviniſm was received as the pub-
lic belief of the Irish church, and ratified by the lord
Chichefter in the King's name. James having earneftly
engaged in the controverfy with Vorftius, could not im-
mediately reject thoſe opinions which he had counte-
nanced, and in a manner fupported, in Holland. Laud
was now determined to introduce in Ireland the belief
and diſcipline he had eſtabliſhed in England. The re-
venue of that country was not fufficient to fupply the
expence of the government, and to maintain the addi-
tion of troops which had been eſtabliſhed on Charles's
acceffion *.
•
>
STANDING armies are always agreeable to the views
of arbitrary princes. The infolence of the Iriſh Papifts,
who had been hitherto favoured by the miniſtry, fur-
niſhed a pretence for the augmenting the military force
in that kingdom. To effect this, and thereby to model
the frame of the government on the true prerogative
footing, to raife the revenue to a height that ſhould not
only render that crown lefs burdenfome to the monarch,
but furniſh an overplus to fupport the magnificence of
*He had increaſed his army in Ireland from 1500 men to 5000
foot and 500 horſe, and had quartered them in feveral troops and com-
panies upon the counties and towns of the kingdom, to maintain them
in their turns for three months at a time, with money, cloaths, and
victuals. Carte's Life of the Duke of Ormond, p. 50.
his
جام
CHARLES I. ·
171
his ftate in England, became the prime object of Charles's Ann. 1634.
council. To execute theſe great defigns, none was
thought ſo proper as the viſcount Wentworth: His info-
lent behaviour whilft he prefided in the council of the
North, was mifconftrued by the King into a maintain-
ing his dignity; the inflexibility he had fhewn in the
illegal courfes which had been prefcribed to him, was
regarded as a fulfilling the duties of a miniſter, and an
honeft attachment to the rights of the crown. In the year
1631 he was appointed deputy of Ireland.
His powers,
at his own requeſt, were enlarged beyond thoſe of any
of his predeceffors; with liberty to raiſe as numerous an
army as he pleaſed *.
of Ormond,
THUS invefted with a plenitude of authority, he un-
dertook to perform wonders in Ireland, and to more than
fatisfy all the expectations of the Engliſh miniſtry. The
folly and infolence of his carriage, on his entrance into Carte's Life
his office, was of a piece with his behaviour in Eng- vol. 1. p. 58,
land. He treated all the men of rank and fortune in
the country with a fupercilious ftate, and the council as
if they had been his fervants †. The revenue of Ireland
*The following were two of the propofitions made by Wentworth
on his acceptance of this office; they were agreed to by the King:
viz. That no particular complaint of injuftice or oppreffion be admit-
ted againſt any, unleſs it appear the party made his firft addrefs to the
deputy.
That the places in the deputy's gift, as well of the civil as the mar-
tial, be left freely to his difpofe; and that his majeſty will be graciouſly
pleaſed not to paſs them to any, upon fuit made to him here. Strafford's
Letters, vol. I. p. 66.
+ The firſt council he fummoned was only a particular number that
Z 2
were
& feq.
172
HISTORY OF ENGLAN D.
Ann, 1634. was, on the commencement of Wentworth's government,
under vaft anticipations, and moreover loaded with a
were the moſt diſtinguiſhed by the dignity of their offices: Thefe he of
fended by making them wait two hours before he came to them.
As trifling anecdotes are often of fervice to inveftigate the true cha-
racters of men, I ſhall notice the following ceremony Wentworth uſed
on his return from his inauguration: Paffing thro' the prince's cham-
ber, he ſtopped at the chair of ſtate, and there he made a low and fo-
lemn reverence. He was fo fondly attached to, and defirous of, being
treated with all the foppiſh formalities of ſtate, that he wrote to the King
and council of England for leave to extend the ceremonies. "The
meetings and proceedings of this council, writes he, albeit much for the
better fince I came, yet are they not with the civility and dignity which
thould become the honour of his majefty's fervice, and the place: there-
fore I defire that the orders fet down for the privy-council of England
might be fent unto us, with this. addition, that no man ſpeak covered,
fave the deputy, and that their ſpeech may not be directed one to an-
other, but only to the deputy.
"I am commanded by my inſtructions, to call upon the nobility
and others to attend the deputy upon all folemn proceffions to church,.
and fuch-like. This is not fo well obferved as it ought; and they
grow generally more negligent than is fit they were: not truly, I truſt
in any diſtaſte to me for to my perſon they give as much reſpect as.
I defire from them; but I know not how, in point of greatnefs-fome
of them thinking it too much, perchance, to be tied to any thing of duty
--rather defirous it might be taken as a courteſy. It would do therefore
very well his majeſty were graciouſly pleaſed by letter to fignify what
the attendance is he requires at their hands; viz. that the noblemen,
biſhops in their rochets, and counſellors, attend the deputy upon their
foot-cloths, or otherwife on horſeback, the judges and his learned.
council likewiſe upon theirs, upon fuch folemn days as formerly have
been accuſtomed; and the captains and gentry which are not coun-
fellors, to go on along with the reft of the company before the de-
puty which I will caufe to be entered in the council-book, and obeyed
accordingly.
"The rooms of this houfe are almoft become common, every or-
dinary gentleman thinking it a diſparagement to ſtay any where but in
the drawing-chamber; which indeed is occafioned in part by fuffering
the
:
CHARLES I
173
debt of 106,000 1. In theſe circumftances it was ne- Ann. 1634.
ceflary to raise an immediate fupply. Wentworth, by
the promiſe of a parliament, procured the continuation
of the voluntary contribution *. The inhabitants of the
county of Cavan, and Bedell the bishop of Kilmore at
their head, remonftrated against the continuance of this
impofition, and the exceffes committed by the foldiers.
This Wentworth confidered as an infolent attack on his
authority, and expreffed great indignation againſt the
bishop; but felt the neceffity of remedying the diſorders
the prefence to be fo familiar, that for the most part it is filled with
the fervants, whilft the maſters are within. Left, therefore, the King's
greatneſs, albeit but in the type, become lefs reverenced than truly it
ought to be, I pray to receive the like commands, that upon days of
meeting none but noblemen come farther than the drawing-chamber;
the gallery only free for thoſe that be of the council; and that all their
fervants ſtay in the great chamber, where they and all others are to be
bare, as well as in the preſence, there being there a ſtate as well as in
the other." Carte's Life of the Duke of Ormond, fol. ed. vol. I. p. 56, & feq.
Strafford's Letters, vol. I. p 200, & seq.
}
*The lord Balfour and others having refuſed a former contribution,
they were proceeded againſt as delinquents. On this bufinefs, Went-
worth, who had not yet taken poffeffion of his government, writes thus
to ſecretary Cook: "When I come on the other fide, believe me I will
teach both them and others better grounds of duty and obedience to
his majeſty than they have ſhewn in this wanton and faucy boldneſs of
theirs And fo much the more careful muft we be to correct this pec-
cant humour in the firft beginning, in regard this is a great revenue,
which his majeſty's affairs cannot fubfift without; fo that we muſt either
continue that to the crown, or get fomething from that people of as much
value another way: wherein I conceive it moſt neceffary to proceed moſt
feverely in the puniſhment of this offence, which will ftill all men elfe for
a many years after; and therefore, if the King or yourſelf conceive other-
wife, help me in time, or elſe I ſhall be fure to lay it on them foundly.”
Strafford's Letters, vol. I. p. 88..
that
174
HISTORY OF ENGLAND.
Ann. 1634. that were ſpecified in the complaint.
He was fo induf-
trious in reſtoring diſcipline, that the ignorant Iriſh, who
had only confidered the army as a grievance on account
of the violences committed by the foldiers, now chear-
fully fubmitted to that formidable inftrument of tyranny,
a ſtanding military force.
THE Voluntary contributions were to be continued but
for two years; it had already exifted ten, and the people
were under great uneaſineſs left this ſhould be eſtabliſhed
by cuſtom into a perpetual tax*. A large fum of mo-
ney was neceffary to accompliſh the deſign of rendering
the crown independent, and confequently abfolute. This
was propoſed by Wentworth to be done by a parliament.
Property was at this time very precarious in Ireland:
Many proprietors of land could derive no title from the
crown; the letters patent of others were infufficient in
law, defective, doubtful, or not plain enough to pre-
vent difpute. The fubject longed to be made eaſy by an
act of parliament which ſhould bind the crown, and
give them an abſolute ſecurity in their eftates. This
was agreeable to the defigns of the deputy, who could
advance his mafter's revenue by the compofitions, and
Subjects ought to be very careful how they give way to bad prece-
dents: The moſt noxious privileges of princes are often eſtabliſhed on
no better foundation. Charles and his minifter Wentworth looked on
this contribution, though a voluntary one, as the King's right. The
deputy affures him, that tho' he were fuccefsful to procure from the par-
liament a compenfation in lieu of the contribution, he ſhould take care
not to conclude his majefty's prerogative to theſe kind of levies for the
future. Strafford's Letters, vol. I. p. 245.
obtain
CHARLES
175
I.
obtain from the parliament a confiderable grant in re- Ann. 1634.
turn for fcreening them from farther moleftation in the
poffeffions of their eftates: Befides, the two factions of
Papifts and Proteftants, more intent on thwarting each
other than in maintaining their mutual rights, were an
eafy prey to the views of a minifter. A parliament was
refolved on.
Wentworth's next care was to name pro-
per fheriffs, and other officers, who fhould manage the
elections in a manner that the two parties of Roman-
Catholics and Proteftants being equally balanced, the
fervants of the crown fhould throw the fcale upon the
fide of royalty *. As he was defirous that the large fum
of money he hoped to obtain from the Commons ſhould
not be clogged with conceffions from his maſter, he de-
* " I ſhall endeavour, writes Wentworth, the lower houſe may be
ſo compoſed as that neither the Recufants, nor yet the Proteftants, fhall
appear confiderably more one than the other, holding them as much
as may be upon an equal balance; for they will prove thus eaſier to
govern than if any party were abfolute. Then would I, in private dif-
courſe, fhew the Recufants that the contribution ended in December
next; if
your majeſty's army were not ſupplied fome other way before,
the twelve-pence a-Sunday muft of neceffity be exacted upon them:
and ſhew the Proteftants, that your majeſty muſt not let go the twenty
thouſand pounds contribution, nor yet diſcontent the other in matters
of religion till the army were fome way elfe certainly provided for;
and convince them both, that the prefent quarterly payments are not
fo burdenfome as they pretend them to be, and that by the graces
they have had already more benefit than their money came to. I will
labour to make as many captains and officers burgeffes as poffibly I
can; who having immediate dependance upon the crown, may almoſt
ſway the buſineſs betwixt the two parties which way they pleaſe. In
the higher houſe your majefty will have, I truft, the bifhops wholly
for you; the titular lords, rather than come over themſelves, will
put
their proxies into fuch fafe hands as may be thought of on this fide."
Strafford's Letters, vol. I. p. 186, & feq.
6
termined
$76
HISTORY OF ENGLAND.
Ann. 1634. termined to make two feffions of this parliament: One
to fecure the ſupply, and the other to paſs thoſe bills
he deemed proper for the crown to affent to *.
A par-
liament in Ireland was an excellent object for minifterial
Rushworth, craft to work on. The natives had been ſo long deprived
vol. II. p.209, of this privilege, and fo negligent of their records, that
they were obliged to fend into England for precedents
concerning the cuftoms of parliament †.
& feq.
*
"There being fome of your majeſty's graces, writes Wentworth,
which being paſſed into laws might be of great prejudice to the crown:
And yet it being to be feared they will prefs for them all, and it is
uncertain what humour the denying any of them might move in their
minds, I conceive, under favour, it would be much better to make
two feffions of it, one in fummer, the other in winter; and in the lat-
ter to enact ſo many of thofe graces as in honour and wiſdom ſhould
be judged equal; when the putting afide of the reit might be of no ill
confequence to other your royal purpoſes. If the parliament fhould
meanly caft from them the mighty obligations the nation owes to your
majeſty, your majeſty's affairs can never fuffer leſs by their ſtarting afide,
when the general peace abroad admits more united counfel in your ma-
jeſty, and leſs diſtracted thoughts in your minifters, to chaſtiſe ſuch a for-
getfulneſs, to call to their remembrance, and to inforce from them other
and better duties than theſe."
+ Wentworth gives the following account of the manner in which he
abridged the privileges of the fubject: “Previous to the meeting of
parliament, the lord-chancellor had moved, that the lords of the pale, ac-
cording to the cuſtom of former parliaments, might be conferred withal
concerning the matters therein to be propounded: I prefently filenced
it by a direct and round anſwer, that ſhould we do fo, I feared his ma-
jefty might judge we had exceeded our directions, opening his council
to any but ourſelves, without his fpecial warrant. Within fome four
days after, the earl of Fingal told me, the report went there would be
a parliament, and that their lordships of the pale had been accuſtomed
to be confulted with before thofe meetings, to affemble and take ad-
vice together what to propound for the good of the people. My an-
fwer was quick: I told him, that the calling of parliaments was the
peculiar of kings, and fo locked up in the facred breaſt of his majeſty,
4
as
CHARLES
177
I.
ON the first meeting of the parliament, the deputy, Ann. 1634-
in a very magifterial manner, acquainted both houſes
as it were want of good manners in me his fervant to pry into, or im-
part his councils, fooner than fhould in his own good time be revealed
unto me; that I muſt tell him, I conceived his majeſty might judge it
with ſome more reafon a high preſumption in him, or any other pri-
<vate man, to elect themſelves inquifitors over his gracious purpoſes
towards his fubjects, which were fet with fo much love and juſtice, in
fo much height and perfection, as could not by them all put to-
gether be fo well difpofed and guided as they were already by thoſe
clearer lights of his own wifdom and goodness; that affuredly his ma-
jefty would reject with ſcorn and diſdain all fuch foreign inftructions
between him and his people: neither muſt his lordſhip or any other
expect his majefty would confult, in the calling of his people, any, or
in other manner than he fhould judge fit and convenient; that there-
fore himſelf and the reft were to wait the times and the feafons, and
not think of applying any thing in the calling of parliaments to them-
felves, as not belonging to them, nor indeed the appointing of any
other meetings, or other conferences, to be had by any fubjects in
thofe public affairs, but in their open affemblies of parliament, which
his majeſty would graciouſly vouchfafe to hear, containing their dif-
courfe within the bounds of fobriety and moderation; and to give
them fuch anſwers as were fit for the reft: His own councils were fuf-
ficient to govern his own affairs and people, without borrowing from
any private man whatſoever; whofe duty it was not altum fapere, as to
look upon theſe deep myfteries of ftate before thereunto called by his
majeſty."
Wentworth had in this buſineſs of an Irish parliament recommended
an inviolable fecrecy to the council of England, that he might have
an eaſier prey of this unguarded people, and afcertain his future fa-
vour from eſtabliſhing government on the King's own principles in Ire-
land: But he did not find the council fo abjectly devoted as to be
very forward to deftroy their own liberties to the advancement of his
private defigns. He writes, he was fain to work off fome little diffi-
culties; that underſtanding, by the mafter of the rolls and Sir George
Radcliff, that the council grounded their opinion much upon pleafing
the people; that they moved to have the bill of monopolies pro-
VOL. II.
pounded;
A a
178
HISTORY OF ENGLAND:
Ann. 1634. what was expected from them*: That 100,000l. debt
was to be diſcharged, and a yearly revenue of 20,000 I.
pounded; divers other bills of grace; and infifted much upon having
the general pardon go over with the fubfidies, as good inducements to
content the houſes; that they were not inclinable to fend the bill of
fubfidies with blanks, but to grant two in certain; that upon eftimate
made of an entire fubfidy to be thirty thouſand pounds, they grew to
forecaſt, that in cafe thefe fubfidies were anfwered by one in a year,
whereas now the contribution was but twenty thousand pounds, there
would be ten thousand pounds above the ordinary charge; and fo,
confequently, for fear all furplufage fhould be fweeped away upon fuit.
in England, the coin tranſported, to the impoverishing the kingdom,
that it was neceffary to proportion the ſupply fo even as there might.
not be any to fpare, which might be effected by enacting the payments.
to be but one third part half yearly.
"I, added Wentworth, not knowing what this might grow to, went:
inftantly unto them, when they were in council; told them plainly, I
feared they began at the wrong end, thus confulting what might pleaſe
the people in a parliament, when it would better become a privy--
counſellor to confider what might pleaſe the King, and induce him to
call one; that albeit I had not in particular as yet to refolve them
what it was his majefty would propound, yet I knew, as all other
great and wife princes, his majefty expected to be trufted-nor did
ever any deſerve it better from his people; that he would not in any
cafe admit of conditions, or be proceeded withal by way of bargain
or contract; that he would be provided for as the head, and care for
his people as members, through all the expreffions of a gracious and
good king, but ftill according to the order of reafon, nature, and con-
fcience-himſelf firft, his people afterwards; that as for the bill of mo-
nopolies, it was not to be granted at all—the other bills of grace not
feaſonable now.
1
\
* As fome of Wentworth's popular fpeeches have been quoted in:
this hiſtory, the reader perhaps will not be diſpleaſed to be acquainted
with his eloquence in the minifterial ftrain. He began his oration to the
parliament in the true prerogative ftyle, after the manner of the Stewart
family. Albeit, faid he, the reaſons leading and refolutions fet in
affembling of parliaments be the hidden fecrets, the privileged pecu-
(6
liars
2
CHAR LE S I.
179
***
With this he in- Ann. 1634.
fettled for the payment of the army.
timated the King's refolution to make two feffions; the
liars of kings, for which they are in no kind accountable, nor ought
any fubject, uncalled, to intermeddle; yet is his majefty graciouſly
pleaſed that I thus fet forth the grounds of this prefent meeting faith-
fully and evidently before you; and if temples conftituted by Jupiter
and the Pagans to their Apollo, and thofe other gods of the greater vo-
Jume, were (as the architect rules it) to be left fub dio, without any
other than Heaven for a covering, quoniam horum Deorum, & fpecies
effectus in aperto mundo atque lucente præfentes videmus; then fure, with
far better reafon than thoſe their fictitious gods, are the princely and
juft intendments of my gracious and great mafter to be by us all this
day celebrated under the fun, confidering that if we, who have the
happineſs to gather the bleffed fruits of his
government, could prove
fo ingrate as not to acknowledge them, yet fhall their own weight and
pięty convey them along, proclaim him aloud to future ages famous
even among the beft of kings." After this bombaft flourish, Went-
worth ftated the debts of the crown, and condition of the revenue; hẹ
urged the great merits of the King in his government, and the obli-
gations that lay upon the parliament for granting a fupply." There
must be a ftanding revenue, continued he, (mark it well) provided by
you to fupply and fettle the conftant payments of the army: For it is
far below my great maſter to come at every year's end, with his hat in
his hand, to entreat that you would be pleafed preferve yourſelves.-
Next let me adviſe you, fuffer no poor fufpicions or jealoufies to vi-
tiate your judgments; much rather become you wife by others harms.
You cannot be ignorant of the misfortunes theſe meetings have feen
of late years in England; ſtrike not therefore upon the fame rock of
diftruft which hath fo often fhivered them: For whatever other acci-
dent this miſchief may be affigned unto, there was nothing else that
-brought it upon us but the King's juft ftanding to have the honour of
our truft, and our ill-grounded obftinate fears that would not be ſe-
cured. This was that fpirit of the air that walked in darknefs, abuf-
ing both; whereon if once one beam of light and truth had happily
reflected, it had paffed over as clouds without rain, and left the King
far better contented with his people, and them much more happy (al-
beit as they are) thanks be to God and his majefty, they are the hap-
pieſt
A a 2
180
HISTORY OF ENGLAN D.
Ann. 1634. firſt for his own bufinefs, and the fecond for the public;
but withal gave ftrong affurances of his majefty's inten-
tion to comply with their defires, provided they tacked
no conditions to their fupply.
THE majority of this parliament feem to have been
deficient in abilities, rather than in inclination, to pre-
ſerve their power and independency. The Commons
were on the point of rejecting the recorder of Dub-
lin for their ſpeaker, who had been recommended by
the deputy, but did not infift on this point. Such.
was their ignorance of the privileges of parliaments,
that they fubmitted to the documents of Wentworth,
who in very arrogant language told them, it was
their duty to fubmit to the King's choice; and quot-
ed the example of the English parliaments for a con-
picft in the world.-Finally, I wish you had a right judgment in all
things; yet let me not prove a Caffandra among you, to fpeak truth
and not be believed: However, fpeak truth I will, were I to become
your enemy for it. Remember therefore that I tell you, you may eafily
make or marr this parliament. If you proceed with refpect, without
laying clogs and conditions upon the King, as wife and good fubjects
ought to do, you fhall infallibly fet up this parliament eminent to
pofterity, as the very bafis and foundation of the greateſt happineſs and
proſperity that ever befel this nation. But if you meet a great king
with narrow and circumfcribed hearts, if you will needs be wife and
cautious above the moon, remember again that I tell you, you ſhall
never be able to caft your miſts before the eyes of a difcerning king,
you fhall be found out; your fons fhall wish they had been the chil-
dren of more believing parents; and in a time when you look not for
it, when it will be too late for you to help, the fad repentance of an un-
adviſed breach fhall be yours, lafting honour ſhall be my mafter's."
Strafford's Letters, vol. I. p. 286, & feq.
ftant
'.
GHAR DE S I..
181
1
A
*
ftant acquiefcence in this point. The divifion on the Ann. 1634...
firſt queſtion convinced him, that he had fucceeded
in his plan of balancing equally the two parties of
Roman Catholics and Proteftants; the Recufants rang-
ing themſelves on one fide, and the Proteftants on
the other. The queſtion was moved by the Recufants :
It was for purging the houſe; and was carried againſt
them by eight voices only. On this diſcovery, Went-
worth writes, that he grew confident of fuccefs, and
moved for the fupply the next day, having previouſly
prepared the council, and directed them in what manner
to behave; withal charging them to ſpeak earneſtly for
fix fubfidies, and to prepare their friends to uſe all their.
power and credit to gain the point. Each man's beha-
viour, he faid, in this buſineſs he ſhould tranſmit to the
King. On this unexpected propofal, the Recufant party
moved a ſtay. till. the houſe fhould be purged of thofe
members who had, by fraud and connivance, gained an
undue election; but the Proteftant party, determined to
thwart their enemies, cloſed in with the propoſal, and
the fupply was carried by twenty-eight voices. This im-
portant point gained, the deputy and his dependants:
found means to ſpin out the feffions without concluding.
any thing, or paffing other laws than the acts of fubfi-
dies, and one more, which was alfo to bring money to.
the crown, the confirming compofitions which fhould be...
made upon defective titles..
THE Lords, according to the gentle nature of nobi-
lity, were not behind-hand with the Commons in tefti-
fying their obedience to the crown, and obfervance of
the deputy; nor did the deputy fhew lefs infolence of
office,
·
182
1
HISTORY OF ENGLAND.
·
4
Ann. 1634. office, or treat them with lefs arrogance, than he had
ufed to the Commons. They had paffed laws, and given
orders to the attorney-general to draw them up in form
to be tranfmitted for the King's approbation. Wentworth
fired at this encroachment on his authority, but fup-
preffed his refentment till the bill of fubfidies had paſſed
both houſes: He then, in a tone of high fuperiority,
gave the Lords to underſtand, that they had proceeded
beyond the limits of their power; he intimated, that he
imputed it to their ignorance, and not to any indirect
purpoſe; he ſhould content himſelf with entering his
proteſtation against it on the King's behalf, which he
required might be recorded in the houſe; and defired
them for the future not to exceed the power that was
left them by Poyning's Act *.--a liberty only to offer by
petition to the deputy and council fuch confiderations as
they ſhould think good for the commonwealth, by them
•
* Noy the attorney-general had given his advice, that the parliament
fhould have power to paſs acts, and tranfmit them to England. Went-
worth oppoſed this popular meaſure, and repreſented to the King, that
it would be a great injury to his prerogative, gotten by the wiſdom
of former ages: For now fhould they grow importunate in their pro-
pofals, the deputy might filence them by giving them to underſtand,
that they incurred danger by difcourfing on matters to which they
were not authorized by his majefty's warrant. Carte, though a man of
moſt arbitrary principles, reaſons thus of this ftatute, called Poyning's
Act: The Iriſh may think themſelves downright flaves by this act,
which reftrains them from making any law, or taking any meaſures,
to redress their grievances; fubjects them to the will of perfons who
have different interefts from theirs; difables them from making appli-
cation to the King, but by the intervention and mediation of his mi-
nifters, generally fent from another kingdom, too jealous of the pro-
fperity and commerce of Ireland." Strafford's Letters, vol. I. p. 269.
Carte's Life of Ormond, vol. I. p. 80.
:
to
1
CHARLES
183
I.
to be tranfmitted or ftaid.
The Lords, far from fhew- Ann. 1634.
ing themſelves angry at the manner or the matter of
the deputy's oppofition, acquiefced with his dictates, and
declared it had not been their intention to offend. Both
houſes had preffed much for the graces, eſpecially the
law of England for threefcore years poffeffion to con-
clude the rights of the crown: In the lower houſe, ſome
had ventured to urge the King's promife; the Commons
had named a committee to attend the chancellor, and
other law-officers appointed by Wentworth, to make
ready thoſe laws, which were to be tranfmitted at the
next meeting. This credulous affembly imagined they
were on the point of reaping the fruit of their genero-
fity and unlimited complaifance to the crown, and in-
ceffantly importuned the deputy and council for the per-
formance of what had been largely promiſed in the
King's name. The deputy called the council together,
and finding them complaifant enough to ſhare with him
the odium of being guilty of a bafe deceit, plainly told
the committee, that they fhould not give way to the
tranſmitting of the law of threeſcore years, nor any other
of the graces that were prejudicial to the power of the
crown *
+
·
* Wentworth, in his account of the tranfactions of this parliament,
writes, that there fell a breach between the two houſes, which kept
them aſunder all the feffions: The Commons would not confer with
the Lords, unleſs they might be covered as well as their lordſhips,
which the other would by no means admit.. "For my part, adds he,
I did not lay it very near my heart to agree them, as having heretofore
feen the effects which follow when they are in ftrict underſtanding, or
at difference among themfelves. Befides, I faw plainly, that keeping
them at diſtance I did avoid their joining in a petition for the graces,
which infallibly they would have done, which now comes only fingly
from
184
HISTORY OF ENGLAND.
1
Ann. 1634.
1
#
I HAVE thought it neceffary to be full in my quota-
tion of the account Wentworth gives of the manage-
ment of this parliament, fince it expofes to the public
the infamous artifices of ſtateſmen, and fhews that par-
liaments are noxious things when they become the dupes
of minifters; that affemblies invefted with fuch autho-
rity ought carefully to weigh and examine the fpecious
pretences of thoſe tools of power, left, deluded by the
bafe arts of king-craft, they become the fuicides of their
from the Commons. I conceive it will be very eafy, the next feffions,
either to agree or keep them ſtill aſunder: I defire there may be a thought
beſtowed upon it at fome leifure, and let me have my directions."
In the fecond feffions of this parliament, the Lords having proceeded
ſome ſteps to bring one Sir Vincent Gookin, an offender, to juſtice,
Wentworth told them, that they might not affume a judicature of any
thing which had not been firſt tranfinitted as good and expedient by the
deputy and council; for fo Poyning's Act preſcribed, not only in all
acts, but in every ordinance of parliament.
•
"Thus far I went, added he, to prevent their gaining of judica-
ture, wherein I did believe his majefty was not fo fully refolved in the
convenience and fitneſs thereof by any effect it hath produced, fince it
was reſtored to the houfe of parliament in England. Yet I do fee
that unleſs ſome ftrict courfe be held againſt him to bring him to judg-
ment, they will be much diſcontented; that the offence will bear a
deep fine to his majefty; and that Sir Vincent Gookin, a very rich
man, will be able to undergo it. Therefore, to ftill them from farther
prying into the powers and uſage of parliaments, I do humbly adviſe
that there may be diligence uſed on that fide to fend down a ferjeant
at arms to apprehend him; and that he may under ſafe cuftody be
brought back to us here, where the attorney will have an information
ready to put in against him in the Caftle-chamber. So may he in a
fho.t time come to fentence: and yet by this means the queftion in
a parliamentary-way be altogether filenced, with fatisfaction to them,
and with honour and benefit to his majesty." Strafford's Letters, vol. I.
P. 279, 349.
own
C
185
HARLES IDE
I.
own liberties, and the fatal inftrument of deſtroying thoſe Ann. 1634.
rights they were conftituted to defend.
THE deputy thus obtained from the parliamenta
fum beyond his fondeft expectations, and that with-
out any conditions ftipulated for the juft privileges
and honours of that affembly, or laws paffed for the
eafe and welfare of the people. The graces on which
they had already forgiven a debt of 150,000 1. and
contributed 160,000l.; the graces, on the hopes of
which being refolved into confirmed laws they had
moreover parted with fix fubfidies; were almoſt all en-
tirely laid afide *, and the King rendered abſolute by
the uncertain ftate of their conftitution, and the inde-
pendence he had attained by their indifcreet bounty. Of
all the graces, that which excluded the King's title after
threefcore years poffeffion, according to an act which had
paffed in the Engliſh parliament in the twenty-firſt of
James's reign, was the moſt eagerly defired by the Iriſh,
and particularly mentioned in the addreſs of the Com- Strafford's
mons to the deputy as the King's exprefs promife. This vol. I. p. 311.
was rejected by Wentworth, as a peculiar diſadvantage
to his farther defigns on that country. Nothing paf-
fed in the ſecond feffions, but fome laws to regulate
the police, fome relative to the undertakers in the feve-
Among this number was that which excluded the accufations and
teftimonies of perfons notoriouſly infamous, and convicted of capital
offences, for convincing evidence to condemn any fubject. We have
already ſeen how this power was exerted to the deſtruction of the fa-
mily of the Byrnes; the denying, therefore, the paffing the defired grace
into a confirmed law, fhews as corrupt and inordinate an affection for
unbounded power, as can be inftanced in hiſtory.
VOL. II.
B b
ral
Letters,
+
186
HISTORY OF ENGLAND.
Ann. 1634. ral plantations, the denization of the Scots, fome fa-
vourable to the church *, and two ftatutes of ufes and
wills, which encreaſed the King's power and profit in
one of the moſt exceptionable branches of his preroga-
tive, of wardſhip t. The infamous treatment this par-
liament met with, after they had yielded the full grant
of what was demanded of them from the crown, and
this on the faith of minifterial affurances, illuftrate the
propriety and utility of that cautious diffidence, which,
during the firft period of this reign, marked the counfels
of the Engliſh ſenate; a conduct which has been attacked
in a moſt wanton and unjuftifiable manner by many
writers of thoſe times.
This
THE manner that fubfidies had been raiſed in Ireland
was after the ancient cuſtom of theſe taxes in England:
A certain fum impofed upon the ploughed lands.
Wentworth, by an exertion of power, abolished; and
appointed commiffioners to levy the fubfidies out of
lands and goods. The frighted Commons, not know-
ing to what fum their grant, by this manner of levying,
might amount, offered to raiſe each fubfidy from thirty
to forty thouſand pounds a-piece, exclufive of the nobi-
* One of theſe was to enable reftitution of impropriations, tythes,
and other ecclefiaftical rights to the clergy, with a reſtraint of alienat-
ing the fame, and direction of preſentation to churches. Carte's Life of
Ormond, vol. I. p. 72.
+ Wentworth writes thus of them: "Howbeit we fet a fair ftyle
upon thefe laws, as beneficial only for the commonwealth, yet are there
of them concerning fraudulent conveyances and wills, which, I dare
confidently affirm, will be worth the King at leaſt four thousand pounds
a-year in his court of wards and alienations; a point my maſters of the
Houſe dream not of."
lity
CHARLES I.
187
lity and clergy, provided they might have liberty to raiſe Ann. 1634.
them by commiffioners of their own *. With this large
*This being the courfe, wrote Wentworth, which I did defire to
lead them to, I gave them encouragement to go on with the confide-
ration thereof, fo as being haftened with their own fears, they come to
that at the firft word which I ſhould have been glad might have been
wrought at laft with all our labours. I told them I would adventure
to accept of their offer for the firſt four fubfidies, but for the laſt two,
in regard there was to be but one of them paid in one year, I would
expect they ſhould make them up forty-five thousand pounds a-piece,
provided they ſhould make it up neat money for the whole fix fub-
fidies: All which the next day the houſe, with all imaginable alacrity,
affented to, leaving them the whilft the beſt contented that is poffi-
ble, and ourſelves free from their ſcandal and out-cry. We have like-
wife proceeded to the taxing the nobility, which comes to fix thouſand
pounds fterling; the clergy will, I truft, be about three thoufand
pounds, fo as by this time you fee thefe fix fubfidies will be three
hundred thousand pounds fterling good in his majeſty's Exchequer ;
and the fubfidy, which was never yet aſcertained in this kingdom, will
now fettle at fifty-four thousand pounds fterling; and I did purpoſely
draw them up for the two laſt fubfidies to five thousand pounds more
a-piece than the reft, that I might fo leave them precedents to the crown
for future times.'
The Houſe being divided into two factions of Proteftants and Pa-
pifts, was the apparent caufe that enabled Wentworth to carry every
point for the crown in fo triumphant a manner. He was fo con-
fident to render this parliament fubfervient to all the defigns of the
crown, that he adviſed the keeping it on foot by a prorogation, to give
a fanction to other important projects. "It can do no hurt, ſaid he,
conſidering it can exerciſe no power during the prorogation, and may at
any time before the meeting be blown over with the leaſt breath from
his majefty." To this the council of England anſwered, that the King
held his refolution not to have it prorogued, but diffolved at Eaſter ;
it being a known experiment that parliaments never grow better by fit-
ting long. "As for that Hydra, wrote Charles, in a previous letter
to Wentworth, take you good heed, for you know that here I have
Bb 2
found
i
#
;
188
Strafford's
Letters,
vol. II. p. 8,
& feq. ·
HISTORY OF ENGLAN D.
Ann. 1634. grant, the greateſt that ever was known to be raiſed in
Ireland, Wentworth emancipated, the crown, from a debt
vol. I. p. 93, of more than one hundred thouſand pounds; bought
off all the incumbrances on the revenue, which, by the
commiffion on defective titles, licenfing ale-houſes, the
fale of tobacco, the tranſportation of pipe-ftaves, the mak-
ing the crown fole merchant of the commodities of
falt t, and the increaſe of the money arifing from the
court of wards, made an improvement of forty thou-
found it as well cunning as malicious. It is true that your grounds are
well laid, and I affure you that I have a great truft in your care and
judgment; yet my opinion is, that it will not be the worſe for my fer-
vice, tho' their obftinacy make you to break them, for I fear they have
fome grounds to demand more than it is fit for me to give." Strafford's.
Letters, vol. I. p. 233.
* This debt was paid with fcandalous- defalcations, and the Com
mons were again rendered the dupes to take off the odium from
the crown. "The Commons-houfe, wrote Wentworth, hath in their
fub-committee proceeded to confider all the debts of the crown, to-
gether with the ſeveral natures and conditions thereof; and by means
of fuch intelligence as I held amongst them,, concluded fuch an advice
in each particular as better could not be defired, ſo as I truſt we ſhall
diſcharge theſe debts better cheap than you could have looked for on
that fide, and yet not only draw his majefty, but ourſelves too, forth of
their blame or hard conceit, by fhewing them the opinion and pleaſure
of the Houſe, leading and concluding the courfe which is to be held in
the diſcharge thereof. So here's an end of this matter, and a very ex-
cellent uſe made of them to the advantage of the crown." Strafford's
Letters, vol. I. p. 402.
+ "Salt, writes Wentworth, is of fo abfolute neceffity, as it cannot
ftay upon his majefty's hand, but must be had whether they will or no,
and may at all times be raiſed in price,. fo far forth as his majefty fhall
judge to ftand with reaſon and honour; witness the gabell of falt in
France." Strafford's Letters, vol. I. p. 193.
1
fand
CHARLES I.
189
This buſineſs com- Ann. 16341 -
fand pounds in the yearly income *.
pleated, the next ſtep taken was to reſume the iniquitous
attempt on the lands in Connaught, Clare, and the other
provinces. This was directly contrary to the promiſe
preſcribed by the graces, for enrolling former furrenders,
and
paffing new patents of eftates, on the faith of which
the crown had already raiſed fo large a fum of money.
The fame project had been entertained by the miniſtry in
the reign of James; it was then laid afide as danger-
ous: but the crown had now a confiderable army on foot,
the Exchequer was full, and the deputy a man deter-
mined to run all lengths in rendering Ireland a fruit--
ful fource of riches to his maſter. The King's title was
afferted from the conqueft of Henry II. and the juries of
Rofcommon, Slego, and Mayo, on affurances that were
given them that they fhould have eafy compofitions,
found the right of the crown to thofe particular coun-
ties, as well as to the province in general. The county
of Galloway, fupported by the earl of Clanrickard, a
man of great property and power in thofe parts, refented
the indignant ufage, and proved refractory. The furious
deputy took fire at the affront, and caufed the jury to be
profecuted for a combination with the fheriff to defeat
the King of his right: They were tried in the Caftle- Carte, vol. I,
chamber, and fined four thousand pounds a-piece, fen- F. 82.
tenced to impriſonment till the fine was paid, and to
make an acknowledgment on their knees of their of-
fence t
:
According to Wentworth, the crown had got more by the laws
that were enacted this parliament than the fubfidies could be valued at.
Strafford's Letters, vol. II. p. 18.
+ The county of Galloway fending agents into England to folicit
their
1
190
HISTORY OF ENGLAND.
$
Ann. 1634.
THE terrors of this feverity made thofe of Clare and
Ormond * acknowledge the King's claim, and depend
on his mercy for the renewal of their patents, which
increaſed the revenue twenty thousand pounds a-year.
Moreover, the city of London was fued for non-perfor-
mance of articles in the plantation of Londonderry and
Colerain, fined in the Star-chamber feventy thouſand
pounds, and the lands adjudged to be forfeited; this was
again an addition of eight thouſand pounds a-year. The
crown rendered thus wealthy by the treachery and ty-
ranny of the deputy, his next ftep was to affert that vi-
gor the government had acquired, in over-turning the
conftitution of the church, eſtabliſhing the mode of its
faith, and exalting hierarchical power to the fame pitch
it had attained in England. By the fole authority of the
deputy, the High-commiffion court was erected immedi-
ately after the diffolution of the parliament. The zeal he
had expreſſed for the church was the loadſtone with which
he had drawn the attention and confidence of his maſter :
His fuccefs in it was the cement with which he hoped to
fix his affection. From the firſt of his apoftacy, he had
knit himſelf in a clofe confederacy with Laud, as the
man from whofe abfolute fway over the King he had
moft to dread, and from whoſe unbounded intereft he
had every thing to hope. Thus whilft he flattered Charles
Letters, vol.I. with the profpect of an uncontrouled, unlimited autho-
rity, he canted with Laud in his own ftyle; That facri
legious hands had carried away the patrimony of the
Strafford's
p. 151, 381.
their affairs, they were, on their return to Ireland, impriſoned by the
deputy for leaving the country without permiſſion.
* The lord Ormond was very officious and inftrumental to the de-
puty's fuccefs in this buſineſs.
church,
CHARLES I
191
church, and left God's portion naked to pofterity; that Ann. 1634.
?
it could not be recovered unlefs as violent and extraordi-
nary means were uſed for the raiſing it again as there
had been for the pulling it down. This was the kind
of language he continually uſed in his correfpondence
with this prelate; at the fame time conveying through
him intelligence to the King, and thoſe kind of infinu-
ations which moulded him to all the purpoſes of his pri- .
vate views. Wentworth, not only in paffing the new pa-
tents, took particular care of the church, but in the moſt
oppreffive manner obliged proprietors, by arbitrary deci-
fions in the Caſtle-chamber, to relinquifh the advantages Strafford's
they had gained by former leafes, after the affair had p. 380, 251,
been otherwiſe determined by a trial at common law;
and this by the fingle virtue of a letter of direction from
the King to proceed in all queftions concerning the patri-
mony of the church, and that fuch cauſes ſhould be de-
termined by commiffioners appointed by the deputy, and
not elſewhere *.
* The earl of Cork, a very opulent and powerful nobleman, was pro-
ceeded againſt in this manner in the Caſtle-chamber: He was not only
compelled to relinquifh upwards of two thouſand a-year to the church,
but underwent a fevere fine, and was commanded to pull down a very
fine monument which he had built at a great expence in the cathedral of
St. Patrick at Dublin, becauſe Laud took offence that it was too near,
and elevated above the high altar.
On this fubject of determining caufes Wentworth writes in the fol-
lowing manner: "I find that my lord Faulkland was reftrained by
proclamation not to meddle in any caufes betwixt party and party,
which certainly did leffen his power extremely. I know very well the
common lawyers will be paffionately against it, who are wont to put
ſuch a prejudice upon all other profeffions as if none were to be truſted
or capable to adminifter juftice but themſelves: Yet how well this fuits
with monarchy, when they monopolize all to be governed by their
year-
7
Letters, vol.I.
& feq.
}
166
HISTORY OF ENGLAN D.
Ann. 1634.
Carte's Life
..of Ormond,
vol. I. p. 77,
& feq.
!
Լ
/
THE Opulency of the clergy being thus provided for,
the next point was to bring the church of Ireland to a
perfect conformity in her doctrine and diſcipline to that
which was eſtabliſhed in England. A convocation being
called to manage this bufinefs, feveral members made
material objections to the body of canons they were re-
quired to fubfcribe. The lower houſe appointed a ſelect
committee to confider the matter.
matter. Wentworth under-
ſtanding that the judgment of this ecclefiaftical affembly
was not likely to be favourable to the defign in hand,
fent for the committee, and after reprimanding them
in an infolent manner for their prefumption in attempt-
ing to determine articles of faith without the privity
and confent of ftate or bishop, he enjoined dean An-
drews, chairman of the committee, not to report any of
their tranſactions to the Houfe of Commons, which was
then fitting; and commanded dean Lefly, their prolo-
cutor, that if any of them propounded ſuch a queſtion,'
not to put it to the vote, but break up the fitting.
•
On
this tyrannical proceeding, it was moved to petition for
year-books, you in England have a coftly experience: and I am fure
his majeſty's abfolute power is not weaker in this kingdom, where hi-
therto the deputy and council-board have had a ſtroke with them." "I
know no reaſon, writes Wentworth to Laud, but you may as well rule
the common lawyers in England as I, poor beagle, do here; and yet
that I do and will do, in all that concerns my mafter's fervice, upon the
peril of my head. I am confident that the King, being pleaſed to fet
himſelf in this buſineſs, is able, by his wiſdom and miniſters, to carry
any juſt and honourable action through all imaginary oppofition, for real
there can be none; that to ftart afide for fuch panic fears, phantaftic
oppofitions, as a Prynne or an Elliot fhall fet up, were the meaneft of
folly in the whole world." Prynne's Trial of Laud. Strafford's Letters,
wol. I. p. 201, 173.
a free-
*
CHAR LE S I.
i 93
1
a free fynod; but fuch was the terror that the deputy's Ann. 1634.
violence and ſeverity occafioned, that no one member
would take upon him to draw it up, or prefent it. Went-
worth not approving of the canons which the comply-
ing primate Uſher by his command had undertaken to
frame, drew them up himſelf, more exactly after thoſe
of England, obliged the primate to get it voted accord-
ing to this form in the upper houfe: and by the force
of his authority, and the pufillanimity of the members
of the lower houſe, it was carried there, one individual
only diffenting. Notwithſtanding fo outrageous an infult
on Law and Liberty, fuch was the confidence of this mad-
man, that he wrapped himſelf up in the opinion of an
entire fecurity, on the bare ſhelter of a letter from the
King approving thefe exploits.
$
THUS affured, his conduct during the courſe of his go-
vernment was an uninterrupted feries of exertions of de-
fpotiſm; and his whole behaviour favoured of the higheſt
ftrain of frantic infolence. He reprimanded the earl of
Kildare, the first peer of Ireland, for oppofing his pro-
pofitions to the parliament; and afterwards obliged him,
without any legal proceeding, to fubmit his title to an
eftate to his decifion, and impriſoned him a whole ycar
on this buſineſs. The lord Mountnorris, a nobleman
who had long held employments under the government,
an officer in the army, and now vice- treaſurer, be-
ing difgufted with the deputy's behaviour, fpoke fome-
thing flightingly of him at the chancellor's table *: He
was for thoſe words hurried before a court-martial, with-
* The charge againſt Mountnorris was this: On being told that a
kinſman of his had by accident hurt the deputy's foot, he having the
VOL. II.
C.c
gout,
194
HISTORY OF ENGLAN D.
Ann, 1634.
Carte's Life
of Ormond,
vol. 1. p. 86.
Rushworth,
vol. II. p.26.
Strafford's
Letters,
252, 307.
out knowing his crime, tried for mutiny against his ge
neral, and in the fpace of two hours condemned to die..
The King gave him his life, but he was difmiffed from
the army, obliged to make fubmiffion to the deputy, and
acknowledge the juftice of the fentence; he was impri-
foned for three years. Nor were theſe all the feverities
he met with from Wentworth, who in an illegal manner
put him out of the poffeffion of an eftate he had enjoyed
for ſeveral years.
SIR Piers Croſby had voluntarily ferved, with great re-
putation, in the expedition to the isle of Rhee; to him
was attributed the principal means of faving the Eng-
liſh forces in their retreat. He had for thefe reafons
vol.II. p.230, been made colonel of one of the ftanding regiments in
Ireland, and counfellor of ftate. This gentleman refent-
ing the high manner in which things were carried in
parliament, exerted himſelf vigorouſly againſt the mea-
fures of the crown. Wentworth fequeftered him from
the council-board; and a paper foon after coming out,
gout, the lord Mountnorris faid, Perhaps it was done in revenge of
that public affront my lord-deputy did him formerly; but I have a
brother that would not have taken fuch a revenge. The words fpoken
by this nobleman, according to Clarendon's relation, were as follows:
Wentworth had given Mountnorris's kinfman a blow for having acciden-
tally hurt his foot, which being fpoke before Mountnorris at the chan-
cellor's, he obſerved, that the gentleman had a brother who would not
have taken fuch an affront. Nalfon, vol. II, p. 59. Strafford's Letters,
vol. I. p.499, & feq. Clarendon's Hift. vol. I. p. 174.
Of the witneſſes againſt Mountnorris was the lord Moor, who
being of the court-martial, was at the fame time evidence and judge.
The King deprived Mountnorris of all his offices, and beſtowed the
vice-treaſurerſhip upon Sir Adam Loftus, a creature of Wentworth's,
and one who had been an evidence againſt Mountnorris.
which
CHARLES
I 95
I..
Ex
Sir
which reflected on the conduct of the deputy, Sir Piers Ann. 1634.
was by his order arrested by the captain of his guard,
and committed to prifon, whilſt Sir Philip Manwaring,
the fecretary of ftate, broke into his ftudy, rifled his
papers in hopes of finding a copy of the libel.
Piers was afterward, by the King's direction, removed
from the council-board*; and, on another fufpicion of
the fame kind, he and the lord Mountnorris, with the
lord Efmond and others, were profecuted by the deputy
in the Star-chamber in England t. The earl of Holland
being neceffitated, to his great regret, to give a teftimony
on oath on the converſation that had paffed between him
and Croſby on Wentworth's particular, a great fine and
damages, according to the cuftom of this court, was
given againſt him: He would have abfconded, but the
implacable deputy urged the King to iffue out a warrant
to apprehend him, and keep him in cuftody till he had Rushworth,
anſwered the information lodged againſt him in the Star-
chamber.
*The earl of Ormond, who had feconded with great zeal every mo-
tion from the court, was made a counſellor in his room.
+ The fubject of the proſecution was, that the defendants had ſpread
a report that one Efmond died of fome blows he received from the lord-
deputy. In Laud's fpeech in the Star-chamber on this occafion, he ſaid,
"That as kings were lively pictures of God drawn fhort, fo deputies were
repreſentations of kings. The ſtate could not be ſafe unleſs every one of
its officers were upheld in their authority; and thoſe who reported any
circumſtance againſt them ought to be punished, whether the report was
true or falfe." Finch, the keeper, faid fomething to the fame purpoſe.
This doctrine, that a libel is not lefs penal for being true, firſt broached
in the Star-chamber, has fince been introduced in the King's-Bench.
The fentences of Cottington, Finch, and Laud, were fevere againſt
all the defendants. The lord Mountnorris efcaped, becauſe nothing
could be proved against him. Rushworth, vol. III. p. 891, & feq.
Cc 2
7
ADAM
vol. II. p.332.
196
HISTORY OF ENGLAND:
}
Am. 1634.
Larrey,
vol. I. p.187.
*
ADAM Viſcount Loftus of Ely, a peer of Ireland, and
the chancellor of the kingdom, was impriſoned by Went-
worth, and obliged to deliver up the great feal, for not:
fubmitting to an arbitrary deeree of the deputy and
council, on a petition of the chancellor's father-in-law,
Sir John Gifford *. This act of power was even contrary
to his inftructions; for in them it was regulated, that
the chancellor might appeal from the deputy and coun-
cil to the King: But in all theſe undue exertions, Went-
worth was ftrongly abetted by the King, whoſe whole
conduct in regard to Ireland was directed by wires ma-
naged by the deputy, and drawn thro' the channel of
Laud.
1
THE Dutch were at this time making great advances
in commerce, and a kind of rivalſhip fubfifted between
them and the fubjects of Great Britain in the article of
trade; nevertheless, theſe republicans were ftrongly fa
voured by the anti-courtiers in England, and thoſe whoſe
bias was at all on the fide of Liberty. On the contrary,
the high monarchical and minifterial faction were as
much attached to Spain t. Charles ftill fondly inclined
*This petition was in favour of the chancellor's wife; on a differ-
ence between her and her huſband,, concerning the poffeffion of an ef
tate. Wentworth was accuſed of a love-intrigue with this lady, for
whom he exerted himſelf with fuch violence. On her death, feveral
amorous letters were found in her cabinet from him. Amongſt other
things which he alledged as heinous crimes againſt the chancellor, was
the giving a negative voice on the voluntary contributions for the army.
Rushworth, vol. II. p. 725.
+ The Spaniſh pirates taken on the coaft of Ireland were treated by
Wentworth with great lenity and indulgenc. Strafford's Letters.
ا
to
3
+
*
HAR LE S I.
;
I 9.7
to that admired feat of regal fublimity, and was fhocked Ann. 1634.
with the independent fpirit of the haughty Dutch; who,
notwithſtanding all prohibitions to the contrary, ftill per-
fifted to fifh upon the Britiſh coaft, and at length afferted
a right founded upon immemorial poffeffion. This pro-
duced a literary controverfy between the famous Hot
lander, Hugo Grotius, and the English Selden, two men
eminent for their learning, for their oppoſition to the
encroachments of power, and their fufferings from the
tyrannical government of their reſpective countries. The
book written by Grotius was entitled Mare Liberum; and
the anſwer to it by Selden, which afferts the exclufive
right the Kings of England had to the dominion of
the feas, Mare Claufum. Charles readily embraced the
plaufible pretext to quarrel with the Dutch, and at the
fame time to put the finifhing ftroke to that new mo-
del of government, which he, with his two miniſters
Wentworth and Laud, had in a manner eſtabliſhed in
Great Britain. This was no other than to graft on the
fubverted conftitution a right to levy money on the peo-
ple; and thus entirely exclude parliaments. Without
fuch a prerogative, the only pillar to fupport defpotifm,
he held a very precarious tenure in the tyranny he had
ufurped. The immenfe fums otherwiſe extorted from
his people were but barely fufficient to maintain the
more than Eaſtern ſplendor of his court, and defray the
neceffary expence of his government. Should any oc-
cafion then preſent itself that required an extraordinary
fupply, he muft perchance be enforced to demand it in
a legal manner of his people, by the old method in
parliament. This object of terror, like the fword of the
tyrant Dionyfius, hung fufpended over his head, and
thofe
"
i
•
?
198
HISTORY OF ENGLAND.
裴
​Aun,
Ann. 1634. thofe of his minifters, ready to cruth his affumed defpo-
tifm, and execute juftice on thoſe parricides...
Project of
Ship-money.
+
7
On this occafion, Noy, who ever fince he had been vefted
with office had ufed his drudging talents to fet a legal
colour on every miniſterial project, was referred to. Noy
fell again on the expedient of fhip-money, grounding his
opinion on obfolete ufages and cuftoms, for furniſhing
a certain number of fhips for defence of the feas, a bu-
fineſs for which, fince the more frequent uſe of parlia-
ments, thofe affemblies had ever allotted tonnage and
poundage, a tax never yet given on other pretexts. On
theſe authorities, produced by Noy, writs were iffued out,
fetting forth that the feas were infeſted with pirates, and
commanding the city of London, on their allegiance,
and under the forfeiture of all they could forfeit, to fit
out feven fhips of war: Power was given by the ſaid
writs to affefs all men in the city, and to impriſon thoſe
who ſhould be rebellious and contrary in the premiſes,
there to remain until farther orders fhould be given for
their delivery. Such writs were likewife directed to all
the counties of England *.
With theſe writs went in-
* Previous to the iffuing of theſe writs, two proclamations had been
publiſhed: One of them forbade any fea-faring men, fubjects to the
crown of England, to enter into the fervice of any prince or foreign
ſtate, or to be employed out of the realm, without his majeſty's li-
cence, or the licence of the admiral of England; and if any be in ſuch
fervice, that they return, under a great penalty. The other had in it
much of the character of the Stewart family: It prohibited the fub-
jects of any of the King's nations and kingdoms to prefume to carry
the union-flag in the main-top, or other parts of their fhips; but that
the fame union-flag be ftill referved as an ornament proper for the
King's own fhips, and fhips in his immediate fervice and pay, and no
others. And his majeſty's farther will and pleaſure is, that all other\
ſhips
7
CHARLES I
199
で
​per-
ftructions from the council to the ſheriffs of the feveral Ann. 1634-
maritime counties for affeffing and levying of fhip-mo-
ney Thofe who refuſed payment of their portion were
to be diftreffed, and their goods fold for the payment,
without any refpect of perfons, except clergymen, who
were to be treated with the deference due to their
fons and callings. If the conftables, bailiffs, and other
officers neglected to do their duty, they were to be bound
over to anſwer their fault at the board; and the fheriffs
were to appoint fuch inftruments as they fhould chooſe
to fee the bufinefs effected. Moreover, all fuch fums as
fhould be left unlevied by the fheriff, at the end of the
year, were to be levied upon him by his fucceffor.
Letters,
372, & feq.
THE City of London, on receiving their writ, fet forth,.
that by grants and acts of parliament they were exempt
from fuch a charge; and petitioned that they might en-
joy their privileges. On the mayor of London's receiv- Strafford's
ing a reprimand, with the city-counfel, who were ad- vol. 1. p. 358,-
moniſhed to take heed how they adviſed the city in a
cafe fo clear for the King, wherein his majeſty had firſt
confulted with his learned counſel and his council of
ftate, they yielded, tho' with great murmurings. Seve--
ral individuals would not pay till after impriſonment,
that it might ftand upon record they were forced to it.
Some oppofition likewife arofe in the counties of De--
vonſhire and Suffex ; but on the fheriffs beginning to
diſtrain, and on the deputy-lieutenants, and other gen-
fhips of his fubjects of England, or South-Britain, bearing flags, fhall:
from henceforth carry the red crofs, commonly called St. George's
Crofs; and that all the fhips of the King's fubjects of Scotland ſhall
from henceforth carry the white crofs, commonly called St. Andrew's s
Crofs. Rymer's Fadera, vol. XIX. p. 549.
tlemen
20
HISTORY OF ENGLAND.
j
Ann. 1634. Hemen who had figned a petition, being fent for up
appear before the council, and receiving a fevere repri
mand, they fubmitted, and paid their money.
Death of
Noy.
t
Noy the attorney-general, who countenanced this
meaſure, died before any progrefs was made in it.
Hischaracter. He had received no other favour from the crown but
the laborious office of attorney-general-a narrow re-
compence for the facrifice of virtue, honour, and a
good name. From being a great patriot, and an oracle
for precedents favourable to the powers of parliament,
he became ſo faſcinated to the defigns of the monarch,
through the feduction of court-folicitation, that he was
the moſt keen of all the minifterial gang in every ille-
gal meaſure that the times produced, in all oppreffive
proſecutions, the peculiar buſineſs of his office: Equal
to a place of this fort, he filled it with the higheſt de-
gree of infamy. As his demerits were great, fo was he
completely hated by the public: After languiſhing out a
long illness, he died without being regretted by his own
party, on account of his bodily infirmities, which pre-
vented his being fo active an agent as the buſineſs in
hand required; whilft, at the fame time, he lay under
the infernal odium of being the propounder of fhip-mo-
ney *. Sir John Banks was promoted to the office of at-
torney-general in his flead. Sir Robert Heath, the chief-
*Laud, to whom he had devoted himſelf, obferves thus of his
death: "I have loft a dear friend, and the church the greateſt ſhe
had of his condition, fince fhe needed any fuch." The public, on this
cataſtrophe, fported the following witticifms: That his body being
opened, there was found in his head a bundle of proclamations, in his
maw moth-eaten records, and in his belly a barrel of foap. Laud's
Life by Prynne, p. 18. Rushworth, vol. II. p. 213.
juftice
CHARLES I.
201
{
juffice of the Common-Pleas, whofe merits on the fide Ann. 1634.
of government have been recorded, was now found not
to have quite villainy or hardineſs enough for the preſent
deſigns: He was removed, and Sir John Finch, the Queen's
attorney, appointed in his place. It was refolved that
ſhip-money ſhould be extended to the inland as well as
the maritime counties, and made a general tax all over
England
THE very errors of the government were at this time
a favourable circumftance for furprizing the people into
a kind of acquiefcence to this exorbitant ftretch of
power: Shipping had been wholly neglected; the naval
force of England was on fo contemptible a footing, that
the commerce of the country was left unprotected. The
Dutch not only continued to fish on the Britiſh coaſt,
but infulted its fubjects. The Algerines paid yearly vi-
fits to the feveral iſlands in its empire, and committed
great depredations, carrying the natives priſoners to France,
and from thence fhipping them off to Algiers. This
made the merchants and people in general, whofe com-
mercial intereft was ftrongly affected, more patient in
the preſent circumſtances. This patience threw the court
and miniſtry into a perfect fecurity. Charles and his
Queen made a magnificent progrefs beyond the Trent,
where they were received by the vulgar with a joy and
expence as if no caufe of diffatisfaction had been
given t.
According to the rates on the new plan, this tax was to bring in
near three hundred thousand pounds.
+ On this occafion the marquis of Newcaſtle expended fix thouſand
pounds in an entertainment given to the King and Queen at his own
VOL. II.
Dd
houſe;
202
HISTORY OF ENGLAND.
Ann. 1634.
Death of Sir
IT was in this year that the nation fuftained the lofs
Edw. Coke. Of that diftinguiſhed patriot Sir Edward Coke, who died
in the eighty-fixth year of his age, at his manfion-feat
in Buckinghamſhire, where he had fpent the remainder
of his days from the year i 628-9, in a quiet retirement,
Hischaracter. univerfally beloved and refpected. From a juft fenfe of
the ſervices this great man rendered his country in the lat-
ter and more experienced period of his life, it were to be
wiſhed that all his failings had been buried in a total obli-
vion; but a ſtrict regard to truth, that catholic virtue in
houſe; an entertainment almoft equally expenfive by this nobleman,
on the King's journey to Scotland, has been already mentioned. This
voluntary tax to the pleaſures of his fovereign had not its motive from
the exuberance of fortune which he poffeffed, but from his peculiar
vanity, or ſome little perfonal civility he had received from the court.
He wrote to Wentworth on the following particulars: "That children
came on apace; that his weight of debt lay upon him; that Welbeck
that fummer had not recovered him of the prodigal difeafe; concern-
ing Wentworth's trying his friends in his behalf." To this letter Went-
worth returned the following advice and inftruction, "That on the
King's journey from Welbeck, Newcastle fhould gently renew a mo-
tion that had been made in his favour; that if the King declined grant-
ing it, he ſhould teſtify that he was ready chearfully to acquiefce in his
majefty's good pleaſure; that he fhould farther befeech the King to
reckon of him as a fervant that would lay down his life for him, when-
ever he ſhould pleaſe to require it; that he did not covet the favour
for any private bettering of his fortune, but merely that he might have
the happineſs to ſpend his life near that perſon whom he did not only
reverence as his ſovereign, but infinitely love and admire for his piety
and wiſdom." This anecdote, though a trifling one, illuftrates the hu-
mours of the nobility, the extreme paffion they had for a domeſtic
attendance on the perſons of the King and Queen: It farther fhews the
tranfcendant folly and vanity of Newcaſtle, in the ſpending upwards of
ten thouſand pounds with a view only to get a place at court. He was
fome time after this gratified in his defire, by being appointed tutor to
the prince. Strafford's Letters, vol. I. p. 101, 274.
an
I
CHARLES
203
I.
an hiftorian, renders it neceffary to enter into ſome parts Ann. 1634.
of his conduct, the defect of which is fo glaring that
nothing but a long fucceffion of patriotic exertions could
have refcued his memory from that pit of infamy to
which the baſe time-fervers of thoſe ages have fo de-
fervedly been condemned. Very early in life he was ef
pecially noticed by Burleigh for the admirable talents he
diſplayed at the bar, and was frequently confulted in the
Queen's affairs. Burleigh found ſo much ſolid judgment
in him, that he promoted him before his own kinſman
Bacon, whoſe law-learning he accounted fomewhat fu-
perficial*: Coke was made Queen's folicitor, and then
her attorney. In theſe capacities he was confulted by
the minifters in all points of difficulty; and he too of-
ten gave a legal colouring to the moſt tyrannical of their
practices. But the very exceptionable parts of his con-
duct were the profecutions of Effex and Raleigh, who
were to be wrangled out of their lives to fatisfy the in-
famous ends and caprices of a court. In theſe buſineſſes
he ſtuck not to take the moſt unjuſt and illegal methods
to compaſs the condemnation of the two fufferers. But
from the time that he attained a more exalted ftation in
the law; after he was made chief-juftice of the Com-
mon-Pleas, in the year 1606, he began to fhew himſelf
no friend to a boundleſs prerogative, objecting in the
points of proclamations, prohibitions, and other fuch
matters. His noble and dignified behaviour on king
James's calling him to account for his afferting the
rights of the courts of common law, and arguing the
*This was the ground of that hatred which Bacon ever bore to
Coke.
D d 2
point
204
HISTORY OF ENGLAND.
"
Ann. 1634 point of commendams, have been already mentioned.
When he began to find, in the experience of the unjust
ufage he had received, the venom that lay in préroga-
tive; when he began to confider the pretenfions of the
Stewart family; that the confequence of fuch claims, if
allowed and eſtabliſhed in the conftitution, would render
the line of law of no effect; that the very forms of it
would be fubverted to the ends and purpoſes of regal
tyranny; he from this time exerted in the Commons-
houſe * an unconquerable zeal for correcting abuſes, for
eſtabliſhing the authority of the law, and confining the
prerogative to its proper bounds. From theſe moſt laud-
able attempts he was not to be diverted, either by the
threats or cajolements of a court: For at the period that
he was much trufted and employed, after being re-taken
into favour, he was fo far from acting the part that on
theſe confiderations was expected of him, that in the parlia
ment which met in the year 16 21 he towered beyond all
preceding patriots in the abilities he fhewed in guiding
the counfels of that affembly, in the ftrength and pro-
priety of the arguments he urged for the authority and
privileges of parliament, turning by this conduct the
fmiles of the court into a commitment to the Tower, and
a rifling his papers. He, to his everlaſting honour, was,
in the fucceeding reign, the man that propofed and
framed the Petition of Right. The cares of the greateſt
part of his life were not only for the age he lived in,
but that pofterity might feel the advantages of his al-
moft-unequalled labours. He was the firft that reduced
* On James's diſpleaſure, Coke was difplaced from his office of lord-
chief-juſtice, and thus enabled to ſerve his country in parliament.
the
CHARLES I.
205
›
*
His Ann, 1634, .
the knowledge of the English laws into a fyftem.
voluminous writings on this fubject have given light to
all fucceeding lawyers; and the improvements that have
been made in this fcience owe their fource to this great
original The fervices he rendered his country in this
reſpect are invaluable. But whilft he laboured to his
very last moments to render the law intelligible, and
confequently ferviceable to his fellow-citizens, he conti-
nued to be oppreffed in the moſt illegal manner by the
government. Secretary Windebank, by virtue of an or-
2.
P. 309:
2
der of the council for feizing feditious papers, entered Coke, vol. F..
his houſe at the time that he was dying, took away his
Commentary upon Littleton, his Hiftory of that Judge's
Life, his Commentary upon Magna Charta, his Pleas of
the Crown, and Jurifdiction of Courts, with fifty-one
other manuſcripts, together with his will and tefta-
ment. This laft was never returned, to the great dif
traction of his family-affairs, and lofs to his numerous;
pofterity..
IN the year 1635, Charles fitted out a fleet of forty Ann. 1635..
fail of fhips, under the command of the earl of Lindfey,
and a ſquadron of twenty fhips, under the earl of Effex.
Their inftructions were to fecure the narrow feas, and
the trade of England. The conjoined fleets of the French
and Dutch, on the fight of this formidable armada, re-
tired towards their own harbours, and by this retreat
left the Engliſh undifputed mafters of the feas; the great
benefit whereof accrued to the Spaniards, for the Auſtrian
Netherlands were preſerved from being over-run by the
united force of France and Holland. Notwithſtanding
this ſervice, and the loan of an Iriſh regiment under the
.
com..
206
HISTORY OF ENGLAND.
*
Ann. 1635. command of colonel Prefton, which defended Bruffels
against the French, a treaty of peace was concluded at
Prague between the emperor and the elector of Saxony,
and nothing ftipulated in favour of the Palatine family:
Thus Charles, whilſt he infulted his own people, was
treated with ſcorn by foreign powers. Algernoon earl of
Northumberland, a perfonal favourite with the King and
Queen, was, on ſome diſtaſte that had been taken againſt
Lindſey, made lord-high-admiral, and a command given
him of fixty fail of large fhips; the greateſt fleet that
England ever had put to fea. A proclamation was iffued,
forbidding all who were not natives of Britain fiſhing
upon its coafts, excepting thoſe who ſhould obtain licences.
Some Dutch ſhips were furprized and funk; and that
people confented to pay thirty thousand pounds for the
privilege of fiſhing.
CHARLES Now feems to be in the meridian of what
he termed glory: He had fairly placed the yoke on the
neck of his own fubjects, and by the feizure of their
purfe had found means to humble the Hollanders, whoſe
independent, flouriſhing flate had ever been an eye-fore
to the Stewart family. Notwithſtanding the formidable
power of the English navy, the people looked with hor-
ror and diſdain on the means by which fuch a force was
acquired: A fleet was indeed a deſirable object; but was
it a recompence for the facrifice of all their conftitu-
tional rights? It would be impertinent to repeat the
obvious objections which lay level even to the eyes of
the vulgar, againſt the illegal means by which it was
fupported: Murmurs and oppofitions continually increaſed
againſt
CHARLES I.
207
2
Strafford's
vol. II. p. 86.
againſt Ship-money*. Several people fued the magistrates Ann. 1635.
and other officers appointed to levy it: Amongst thefe Letters,
was the lord Say, a nobleman who had ever been one of
the forwardeſt in all the firm and ſpirited meaſures which
had been taken by the parliament to ftop the progreſs of
defpotifm. Chambers, who had before fuffered fo ſe-
verely for his refufal to yield to the impofition of ton-
nage and poundage, was fent to prifon by Sir Edward
Bromfield lord-mayor, for refuſing to comply with this
tax: He again exerted ſpirit enough to appeal to the juf
tice of the long-ſuſpended laws, and brought an action
againſt Bromfield for a treſpaſs and falſe impriſonment.
Sir Robert Berkley, one of the juſtices of the court, would Rushworth,
not fuffer Chambers's counſel to argue against the le- & feq.
gality of ſhip-money, avowing, in the face of the court,
ferjeant Aſhley's doctrine, that there was a rule of go-
vernment which fuperfeded the rules of law. The lord-
keeper Coventry, who had been ſeverely reprimanded by
the King for once mentioning a parliament, was now,
on this correction, grown as pliable as was defired † :
He made a copious ſpeech to the judges of affize to the
following purpoſe: That they ſhould in all their charges
inftruct the people that they were bound in duty to con-
* In this year 1635 the elector-palatine, and his brother prince Ru-
pert, came over to England to concert meaſures with Charles for their
reſtoration; and the Queen was brought to-bed of a daughter, the pric-
cefs Elizabeth.
+ On this pliablenefs of the keeper, Wentworth makes this obfer-
vation: If it fhall pleaſe God his majefty begin to apply premium &
pana luftily and roundly, you will find he may have excellent ufe of him,
and fome others too; for I muſt tell you, a fow's ear may prove good
foufe, albeit no filken purfe." Strafford's Letters, vol. I. p 163.
tribute
vol. II. p. 323,
i
;
208
HISTORY OF ENGLAND.
}
Rushworth,
vol. II. p. 334.
Ann. 1635. tribute with alacrity to the tax of fhip-money. The city
of London petitioning an abatement of their quota, re-
ceived a threatening anfwer from fecretary Cook; and
Charles was now fo fure of the thorough fervility that
reigned amongst the expounders of the law, that to re-
move all objection he fent the following cafe to be re-
folved by the judges.
I
Whitlock,
P. 24.
"WHEN the good and fafety of the kingdom in ge-
neral is concerned, and the whole kingdom in danger,
whether may not the King, by writ under the great feal
of England, command all the fubjects of our kingdom,
at their charges to provide and furniſh ſuch a number of
ſhips with men, victuals, and munition, and for fuch
time as we ſhall think fit, for the defence and ſafeguard
of the kingdom from fuch danger and peril; and by law
compel the doing thereof in cafes of refufal or refracto-
rineſs? and whether, in fuch a cafe, the King is not the
fole judge of the danger, and when and how the fame is
to be prevented and avoided?"
FINCH diftinguiſhed himſelf as much about this bufi-
nefs as he had done before in the courfe of his office as
ſpeaker of the Houfe of Commons. He cloſeted the
judges, and at length, by the joint means of flattery and
threats, extorted from them the following opinion: "That
the King might, on the occafions ſpecified in the queftion,
compel the fubjects to furniſh aid; and that in fuch a
caſe he was the fole judge both of the danger, and when
and how the fame might be prevented." Hutton and
Crook were clearly of opinion that the King was not the
judge of the danger, and that this was one of thoſe
cafes
(
}
CHARLES I.
209
ง
cafes in which he was obliged by the conftitution to af- Ann. 1636.
ſemble and confult with his parliament; fince no man's
property could be taken away from him, other than by
the legiſlative authority, which the King by himſelf had
not. After a long and folemn argument, Hutton and
Crook feeing themſelves oppofed by the majority, at
length, to avoid danger, yielded, and fubfcribed the
opinion.
THIS point gained, Charles's next ſtep was to enter
*this opinion on record in all the courts at Weftminſter *
The lord-keeper Coventry by his orders affembled all the
judges in the Star-chamber, and, to the confufion and
amazement of the greateft number of them, read in full
court the queftion, with their opinion; and afterwards
addreffed the affembly in the following ftrain.
+
" MY LORDS,
"This being the uniform reſolution of all the judges
opinion, with one voice, and fet under their own hands;
I fay, this being fo refolved, as they do here expreſs
upon every man's particular ftudying of the cafe, and
upon a general authority among themfelves, it is of very
great authority; for the very lives and lands of the King's
fubjects are to be determined by the judgment of theſe
reverend judges, much more a cafe of this nature, which
God knoweth cannot be burdenfome to any, but is of a
* The making the extra-judicial opinions of the judges a law, by
which the courts of justice were to proceed in judging the fuits which
might afterwards be brought about this, affair, is one of the extraor-
dinary precedents peculiar to this reign. It was what had never been
done by any authority lefs binding than an act of parliament.
VOL. II
Ee
fingular
;
}
210
*
HISTORY OF ENGLAND.
Ann. 1636. fingular ufe and confequence, and for the fafety of the
whole kingdom. The commandment from his majeſty
is, that I ſhould publiſh this your opinion in this place;
and give order that it ſhould be entered in this court, in
the high court of Chancery, in the courts of King's+
Bench, Common-Pleas, and Exchequer ; for this is a thing
not fit to be kept in a corner. And his farther.command
is, that you the judges do declare and publiſh this gene,
ral refolution of all the judges of England, throughout
all parts of the kingdom, that all men may take notice
thereof, and that thoſe his fubjects which have been in
any error may inform themſelves, and be reformed. You
have great cauſe to declare it with joy, and you can
hardly do it with honour enough to the King, that in fo
high a point of his fovereignty he hath been pleaſed to
deſcend and communicate with you. his judges, which
fheweth that juftice and fovereignty doth in his majefty-
kifs each other. His pleafure farther being, that you let
all know, that it is not in his purpoſe by this refolution
to ſtop or check the actions or fuits which any have
brought, or ſhall bring, concerning this; for it is his
majefty's command, that all fuch as proceed in an action.
about the fame, fhall have equal and mete juftice, and
that they be fuffered to proceed in courſe of law, fo as
you call the King's learned counfel unto their proceed-
ings, that they may not be furprized. Now, my Lords,
I have little more to ſay; but this I am fure of, that if
any contrary opinion fhall remain among men, it muſt
proceed from thoſe that are fons of the law, or from
fome not towards the law. Of the latter will fay, Feli-
çes demum effent artes, fi de illis folum judicarent artifices. And
as to the former, you the judges of the realm are, and
•
ever:
CHARLES
21I
I
ever have been, accounted the fathers of the law; then Ann. 1635.
will it become the fon to difpute againft, or take upon
him to be wiſer than, the father? Having thus delivered
to you that which I received in commandment from his
majefty, as his majefty doth, fo do I, leave it to your
judgment."
COULD there be any aggravation of the injury the ſub-
ject ſuſtained by the violation of their rights in the exact-
ing of ſhip-money, it would be the provoking infult of
thus impofing it as the law of the realm. It is impof-
fible to conceive the joy this proftitution of juſtice gave
the miniſtry, how they triumphed, how they exulted, in
their fancied fecurity: "This forever vindicates the roy-
alty, faid they, from the conditions and reftraints of fub-
jects; this eſtabliſhes the King's throne in wealth, ftrength,
and glory, far above any of his progenitors *.
:
·
* The following are opinions written by Wentworth on this extraor-
dinary occafion: "It is plain indeed, that the judges declaring the
lawfulneſs of the affignment for the fhipping, is the greateſt fervice
that profeffion hath done the crown in my time. But unleſs his ma-
jeſty hath the like power declared to raiſe a land-army, upon the fame
exigence of ſtate, the crown feems to me to ſtand but upon one leg
at home, to be confiderable but by halves to foreign princes abroad.
Yet fure this methinks convinceth a power for the fovereign to raiſe
payments for land-forces, and confequently fubmits to his wifdom and
ordinance, the tranſporting of the money and men into foreign ſtates.
And if by degrees Scotland and Ireland be drawn to contribute their
proportions to theſe levies for the public, omne tulit punctum." Went-
worth perfuades the King ſtill to abftain from entering into the broils
on the continent; and fays, "That the people must be first accuſtomed
to theſe new levies, left they grow peevish and backward in their pay-
ments, when they find his majefty not at fo intire leifure to difcipline
their untowardness as in time of peace." Strafford's Letters, vol. II.
p. 61, & feq.
E e 2
THOUGH
212
HISTORY OF ENGLAND.
Ann. 1636.
Clarendon.
Heylin.
}
THOUGH Charles was from his difpofition and educa
tion infinitely attached to arbitrary principles in govern-
ment, yet he did not want for ftimulations to urge him
on towards his natural bias. The Queen, to whom he
was dotingly attached, entertained him continually with
the example of France. The uxorious monarch liftened
with pleaſure to the feductive tale, That that crown had,
contrary to the fundamental principles of the conftitu-
tion, acquired a power to impofe taxes and levy money
without parliaments; and by its refolute and wife con--
duct had entirely changed the nature of the government.
On the topic of French politics, the infinuated thofe
maxims that Charles held in the greateſt veneration, that:
the power, opulence, and authority of the French clergy
were the firm fupports of the crown. In this fhe was
well feconded by Laud, and Charles grew every day more:
fond of a religion whofe doctrine was fo favourable to
thefe good purpofes*. Thus encouraged; the Papifts
threw off all reftraint or decency of deportment: Not--
withſtanding the fevere laws ftill extant againſt priefts,
many Jeſuits openly appeared in that character; maſs was
* Orleans the Jefuit writes, that the Queen was very zealous for the
reftoring the Catholic religion in England;-and being full of that fpi-
rit which warms the blood of abfolute monarchs, a limited authority to
be uſed with art feemed to her no better than fervitude, which caufed
her to make the utmoft efforts to reſcue the King her husband and
herſelf from it; that fhe always kept about her a nuncio of the pope's,
and entertained correſpondency with the Catholic lords; that fhe ſtood
up
for every thing that regarded the church with authority, and fome-
times with heat; and having a confiderable number of clergymen about
her, who were reſtored to her by the peace, fhe had frequent controver-
fies with the zealous Proteftants, wherein the King, who loved her, gave
her full liberty, and fometimes fupported her. Father Orleans's Hift.
oct. ed. 1722, p. 22, & seq.
pub-
CHARLES I.
213
publicly reforted to at Somerset-Houfe, which was erected Ann. 1636.
into a kind of convent for the Capuchins. With theſe
infults, the Papifts entered into all thoſe projects which
were thought the moft grievous to the fubject: The cor--
poration of foap-makers were almoſt all of that fect.
Scheme of a
reconciliation..
with the
church of
vol. II. p.376.
THERE feems to have been this year a regular plan fet
tled of bringing about the favourite fcheme of a reconci-
liation with the church of Rome. One Gregorio Con, a Rome.
Scotchman, came into England in the character of the Rushworth,
Pope's nuncio *; and Sir William Hamilton, a Scotch--
man, was fent to Rome, as an agent for the Engliſh
court t. Laud had ſeveral private conferences with one
Davenport, who, under the name of Santa Clara, pub-
lifhed a work, in which he endeavoured to reconcile the
Proteftants to the church of Rome.. Popish primers and.
*Con brought over with him a large cargo of relicks of faints, and
medals of the pope, with other things of the fame kind. It is not to
be imagined how many people. of the higher rank, eſpecially women,
were made converts, by the Queen's influence, the affiduity of the
nuncio, and the effects which this trumpery wrought on their imagi- -
nations.
·
+Charles laid afide that formality he ufed to his own fubjects, and
grew familiar with Con; he admitted him in all his parties. Propofi-
tions were made on both fides towards the defired reconciliation, in a
book intitled, "The Engliſh Pope." It is affirmed, that when Con
undertook the management of that affair, matters began to grow to-
wards an agreement. This, Laud's own creature and bofom-friend,
Heylin, does not deny; but vindicates it in the following ftrain: "The:
greateft part of the controverfies betwixt us and the church of Rome,
not being in the fundamentals, or in any effential point in the Chriſtian
religion, I cannot otherwife look upon it but as a moft pious work to
endeavour an atonement in the fuperftructures." Heylin's Life of Laud,,
p. 412, & feq.
catechiſms,.
214
HISTORY OF ENGLAN D.
of Laud,
}
P. 349, 543, James.
& feq.
Ann. 1636. catechifms, and other books of the kind, were imported
Prynne'sTrial with impunity, contrary to the ftatute of the third of
At the fame time, the fevereft penalties were
impoſed on a cuſtom-houſe officer, who by negligence
Ibid, p. 252, had-fuffered a parcel of Geneva bibles to paſs unnoticed.
Paffages againſt Popery were expunged in all the books
whoſe publications were-licenſed *. Almoſt every thing,
& feq.
* Laud caufed a decree to be made in the Star-chamber, of which the
following is an abſtract: That all books concerning the common laws
fhall be licenſed by the lord-chief-juftice; all books of hiſtory belonging
to the ſtate by the ſecretaries of ſtate; books of heraldry by the earl-mar-
'ſhal; and books of divinity, phyfic, &c. by the archbiſhop of Canterbury
and bishop of London, or the chancellor or vice-chancellors of either of
.the univerſities; provided always, that the chancellor or vice-chancel-
lors of either of the univerſities fhall licenſe only fuch books as are to be
printed within the limits of the univerſities, not meddling either with
books of the common law or matters of ftate: That every perſon au-
thorized to licenſe books fhall have a copy of the intended publication,
which is to be kept in the public regiſters of the lord-archbiſhop, or with,
&c. &c. to the end they may be fecure that the copy fo licenſed be not
altered without their privity: That every importer of books, before they
expoſe any to fale, fhall give a true catalogue to the lord-archbishop of
Canterbury, or the. Jord-biſhop of London: That no importer fhall
preſume to open any parcel of books coming from beyond the feas,
nor any officer belonging to the Cuſtom-houſe ſuffer the ſame to paſs,
till the lord-archbishop of Canterbury, or lord-biſhop of London, ap-
point perfons to view the fame: That if there be found any offenfive
books, the lord-archbishop of Canterbury, and lord-bishop of London,
may cauſe the offender to be puniſhed: That every perſon that here-
after prints any books, ballads, charts, pictures, or any other things.
whatſoever, fhall put their names to the fame, and the name of the
author: That no perfon fhall import any Engliſh books, whether the
fame have been formerly printed or not: That no perfon fhall erect
any printing-houſe, or let any room for that purpoſe, without giving
firſt notice to the company of ftationers: That no workman fhall make
any printing-preſs, no founder caft any letters, no one import any
from beyond fea, nor buy any, without firſt acquainting the maſter and
·
wwardens
་
CH HAR
ARLE S I.
215
however grofs, was permitted that favoured the Romiſh Ann, 16.36.
tenets *. A re-publication of the old ftanding books
wardens of the company of ftationers. Farther to check publication,
this decree ordained, That there ſhould be but twenty maſter-printers.
allowed, except his majeſty's printers, and the printers allowed for the
univerſities: That the archbishop of Canterbury, and biſhop of Lon-
don, were to fill up vacancies: That every perfon allowed to have the
ufe of a prefs fhould be bound in three hundred pounds penalty not to
print any thing that was not lawfully licenſed: That no allowed prin-
ter fhould keep above two preffes, except the maſter-warden of the
company, who was permitted to keep three: That no perfon reprint
any book, though formerly printed with licence, without obtaining a
new licence: The mafter-warden of the company not to keep above
three apprentices; a mafter-printer of the livery of the company not
above two; and a maſter-printer of the yeomanry not above one: Be-
caufe a great part of the fecret printing is occafioned by the want of
employment for journeymen-printers, every journeyman-printer free of
the company ſhall be employed within the company, and the mafter-
printer ſhall be obliged to employ them, though their apprentices can
do the work: That no mafter-printer fhall employ any that have not
been apprentices to the myſtery of printing. The fame regulations
and reſtrictions were laid on the founders of letters, who were to be
but four in number. For the better difcovery of printing in corners
without licence, any printers appointed by the archbiſhop of Canterbury,
or biſhop of London, to have power and authority to take what affift-
ance they think needful, and ſearch any houſes and ſhops they think fit;
and bring the delinquents before the archbiſhop of Canterbury, or biſhop
of London: That no perſon ſhall land books coming from any place
beyond ſea, but in the port of the city of London. The penalty of
offending againſt the orders of this decree were to be whipping, dif
abling, fine, and impriſonment, what meaſure of puniſhment the court
of Star-chamber or court of High-commiffion fhould think fit to inflict:
Ruſhworth, vol. III. Appendix, p. 306, & feq.
Among other tenets of the fame kind that were broached at this
time, Mountague maintained, that faints had a peculiar patronage, and
that prieſts had an immediate power from God to forgive fins. One An-
thony Stafford, in language highly ridiculous, and even blafphemous,
extolled the invocation of the Virgin. Prynne's Trial of Laud, p. 215.
againft.
216
HISTORY OF ENGLAND.
:
Ann. 1636. againſt Popery was refuſed *. The laws were almoſt every
day fufpended in favour of Papifts †. A fevere paffage
againſt this ſect was omitted out of the ſervice compiled
for the fifth of November; whilft all the Proteftants who
did not conform to the new mode of worſhip were
treated with the utmoſt rigor t. Laud, who affumed
the character of univerfal biſhop, made a metropoliti-
cal vifitation in all the diocefes of England. He caufed
Heylin's Life all the communion-tables throughout the kingdom to be
p. 291, & feq. difpofed according to the new plan; and framed bodies
of ſtatutes for the government of cathedrals, where bow-
ing at the altar was by article enjoined, On the occafion
of this general vifitation, the two univerfities of Oxford
and Cambridge pleaded, that they were exempt from
other viſitation than from the King, their founder. Laud
reprefented this as binding up the hands of the church
from enforcing a reformation ; and the matter was re
of Laud,
**Jewel's Works, Practice of Piety, and the Book of Martyrs.
+ Letters of grace were often figned by the King's own hand. Pro-
tections were granted that the courts of juftice ſhould not proceed
againft certain Popish Recufants. Theſe were fignified by a letter from
a fecretary of ſtate to the judges of the court, that they fhould not be
eftreated into the Exchequer. One Grey, with other meffengers, were
by Laud and fecretary Windebank, his creature, threatened to be laid by
the heels if they molefted Popish Recufants. Rushworth, vol. II. p. 285.
Prynne's Trial of Laud, p. 449, & feq. 458.
At the fame time that Puritanism was with fuch rigor exterminated
from Oxford, friar St. Giles, a Romiſh prieſt, was maintained with a
royal penfion in that univerfity. Prynne's Trial of Laud, p. 456.
·
§ The heads of the univerfity of Oxford, and others of Laud's
creatures and dependents, in their addreffes uſed to give him the pope's
titles, Holiness and Moft Holy Father. Prynne's Trial of Laud, p. 194.
Heylin's Life of Laud, p. 316.
The archbishop urged, that there were three chapels in Cambridge
not confecrated; that they came into the chapels without furplices; and
other
CHARLES I. :
217
;
ferred to the King and council. Sir John Banks, the at- Ann. 1636.
torney-general, pleaded for the archbishop's rights; whilſt
the devout Charles argued the cafe, and gave judgment
against himſelf: Laud, thus feconded, behaved with great
infolence even to the monarch. The decifion went againſt
the univerſity, though the earl of Holland, chancellor of
Cambridge, offered to admit of Laud's vifitation by com-
miffion from the King*. The archbishop having thus
carried his point, the two univerfities were fupplied
with images, and the firſt queſtion aſked at the metro-
political vifitation was, "Is there due reverence paid to
the altar?" On entering the chapels at Cambridge,
none were permitted to approach it but in fandals, and
a confecrated knife was fet apart to cut the ſacramental
other dangers growing, that the univerfity would be paſt remedy before
any complaint was made. About this time the new ftatutes for the
univerſity of Oxford were finiſhed, and publiſhed in convocation: The
preface difparaged king Edward VI.'s times and government, declaring
the diſcipline of the univerfity was diſcompofed by the King's injunctions,
and that it did revive and flouriſh again in queen Mary's days, under car-
dinal Pool, when, by the much-to-be-defired felicity of thoſe times, an in-
bred candor ſupplied the defect of ftatutes. Franklyn's Annals, P. 473.
Rushworth, vol. II. p. 324.
1
*
*There are things faid by the King during the courſe of this contro-
verfy which may ferve to give the reader an idea of his character and
opinions. On Laud's advancing, that the exceptions to the archbiſhop's
vifiting the univerſity came from the pope, "I dare fay, ſaid the King,
that the pope doth as much to beat down biſhops as any Puritan doth
in England." Serjeant Thin, who was of counſel for the univerſity, hav-
ing faid that Richard II. in a particular cafe, had miſtaken the law, “I
will not grant, Mr. Serjeant, interrupted Charles, that my predeceffor
did miſtake the law-Perhaps he might be mis-informed of the law."
Rushworth, vol. II. p. 324, & feq.
VOL. II.
F f
''
bread.
218
HISTORY OF ENGLAND.
Ann. 1636. bread *. To compleat the triumphs of Laud, Juxon, his
creature, whom he had caufed to be made bishop of Lon-
don, was, on the death of the earl of Portland, promoted
to the treaſurer's ftaff. This brought Laud into great
reputation with his brethren: It was the higheſt encou-..
ragement to devote themſelves to his meafures, fince
they might afpire, through fö powerful a recommendá-
tion, to all the great offices in the kingdom t. Notwith-
ftanding the tax of fhip-money, the people were daily
plagued with various kinds of impofitions §; and as the
Impofitions.
* Laud, in a letter to the vice-chancellor, ordered divine fervice to
be performed at Oxford in the Latin tongue, and that the vice-chan-
cellor and thofe who officiated fhould be fure to wear furplices. In a
poſtſcript to this letter, Laud directs that all his letters of this nature
ſhould be regiſtred. In the margin is written, My letters of impor-.
tance to be regiſtred." Laud's Hift of his Chancellorship of Oxford, in the
Second Volume of his Remains, fol. ed. 1700.
CC...
Laud, in his Diary, obferves thus of this promotion: "Sunday,
William Juxon lord-biſhop of London was made lord-high-treaſurer of
England: No churchman had it fince Henry VII.'s time. I pray God
bless him to carry it fo, that the church may have 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." On
a previous promotion of this Juxon, Laud obferves," Dr. Juxon the
dean of Worceſter, at my fuit, fworn clerk of his majeſty's cloſet, that
I might have one that I might truſt near his majeſty, if I grow weak
or infirm-as I muſt have a time." Prynne's Breviate of Laud's Life,
P. 17, 20.
"The clergy are ſo high here, writes one of the newſmongers of
the court, fince the joining of the white fleeves with the white ſtaff,
that there is much talk of having a fecretary a biſhop, and a chancellor
of the Exchequer. This comes only from the young fry of the clergy:
There is not much credit given to it; but they fwarm mightily about.
the court." Strafford's Letters, vol. II. p. 2.
§ A place was erected for one Leſley out of the fines for prophane
curfing and fwearing. A fine was impofed on every fubject who de-
parted
L
CHARLE
219
S I...
}
E.
Rushworth,
opulence of the clergy was to increaſe with that of the Ann. 1636.
crown, an attempt was made to enhance the value
of vol. II. p.269,
parted the kingdom without licence from the King and council. The
Poft-office was rendered a job to one Wetherings. A new impofition of
-four fhillings per chaldron was laid on all fea-coal that was tranſported.
The King appropriated to himſelf the fale of gun-powder: The fubject
was forbid by proclamation to fupply himſelf otherwife than out of the
King's ſtores, at fuch rates as the King ſhould pleaſe to appoint. More-
over, arbitrary prohibitions were made concerning the not paving any
kind of out-houſes, which otherwife would be good nurferies for the
breed of falt-petre. Juftices of the peace and other officers were com-
manded to make fearch in all dove-houſes, cellars, vaults, out-houſes,
to prevent all deceit or evaſion of the orders contained in the proclama-
tion; that no ftables, other than the ftables of the lords fpiritual and
temporal, and of gentlemen of quality, be pitched, paved, or graveled,
where the horfes feet are to ftand.
One Hilyard was fined five thousand pounds for felling of falt-petre
against proclamation. Penalties were inflicted on heavy carriages that
travelled the high-ways. The fubject was again called upon to confirm
by money their reſpective titles and eftates. All proprietors were obliged
-to produce their titles, to which the commiffioners were fure to make
objections: This made many people, to avoid a law-fuit with the King,
compound with the commiffioners, and give a fum of money to fecure
their lands without farther trouble.
A patent was granted for the fole making of ſtrong waters through
England and Wales; and many other monopolies eſtabliſhed, to the
great detriment and vexation of the fubject.
An office was erected for the fole making of iron, and a furveyor ap-
pointed of all iron-works, furnaces, and forges, within England and
Wales, by letters-patent. The officers were appointed to have fees at
the time of furveying and marking; and all perfons were required to
permit the faid officers or their deputies to enter into their warehouſes,
iron-works, &c. The King declared, that his officers or their deputies
might enter into any woods or wood-grounds, where any woods were or
fhould be felled to be converted into coals for the making of iron or
iron-metal.
$
An office was erected for licenfing fubjects to travel in foreign parts.
F f 2
An
& feq.
1.
.
22.0
HISTORY OF ENGLAND.
1
Ann. 1636. tythes within the city of London, by fubjecting a quef.
tion in difpute between the clergy and the citizens to the
arbitration of the King and council.
CHA P. IV.
Trial concerning Ship-money.
Arundel's fruitless negotiation in
Germany.. Pacific measures of the ministry.Profecution
of Williams biſhop of Lincoln.— Profecution of Prynne, Bur-
ton, Baftwick, and others. Refolution of many to quit their
native country.
Ann. 1637. WHILST the nation impotently groaned under the
deepeſt wound the Engliſh conftitution ever had
received; whilft the two eftates of Lords and Commons
were precluded all hopes of ever re-affuming their rights,
privileges, and authorities; whilft law itſelf, conveyed
through the polluted channel of corrupt gown-men, was
rendered the inſtrument of defpotiſm; one man, the fame
who had before fuffered impriſonment, rather than con-
Rushworth, fent to an illegal loan, again ftood forth, and combated
this new ſtate-monſter, Ship-money.
vol. I. p. 428.
JOHN HAMPDEN, of an ancient family and confidera-
ble fortune, had been rated at twenty fhillings for an
An office was erected for the furveying and fealing of a reel ap-
pointed to be uſed by the manufacturers in cloth and yarn. This erect-
ing of new offices with fees was illegal: An office of of worited,
in Edward III.'s time, was adjudged void and repealed; and an office
of meaſurage, granted by Henry IV. was complained of in parliament as
againſt the ſtatute De Tallagio non Concedendo. Rymer, vol. XIX, p. 601,
& feq. Rushworth, vol. III. Appendix, p. 68, & feq. Rapin, vol. X.
p. 294. Strafford's Letters, vol. I. p. 446.
J
eftate
*
CHARLES I
221
money.
eftate which he held in the county of Buckingham: And Ann. 1637.
notwithſtanding the powers of the conftitution feemed to
be entirely fubdued by the rapacious encroachments of
monarchy; notwithſtanding there was no proſpect of re-
lief from parliament; notwithſtanding the miniſters of
Charles were armed with power, and held in one hand
the ſword, in the other the yoke, over the neck of their
helpleſs country; this illuftrious individual, by an appeal Trial con-
to the laws of the realm, refolutely ftood the refent- cerning hip-
ment of a tyrant, rather than tamely fubmit to the ille-
gal impofition. Mr. St. John and Mr. Holbourne, two
lawyers of great eminence, were of his counſel. After
many pleadings and traverſes, the cauſe was heard be-
fore all the judges in the Exchequer-chamber. Twelve
days were expended in the pleadings of the lawyers, and
the cafe was afterwards argued by the judges. Prece-
dents of writs as ancient as the Saxon times were pro-
duced: Theſe writs, when examined, were found only to
require the fea-ports, fometimes at their own charge,
fometimes at the charge of the counties, to ſend their
fhips for the defence of the nation.
But this power
which the crown had exercifed, to iffue fuch writs, was
entirely aboliſhed by the ftatute De Tallagio non Concedendo;
all the authority that remained was to prefs fhips into
the public fervice, to be paid by the crown. Yet not-
withſtanding this, and that Mr. Hampden's counſel un-
anfwerably proved the illegality of the tax, from the fun-
damental principles of the conftitution, and the poſitive
dictates of the Great Charter, and other conflitutional
acts, and to the Petition of Right, which had lately
been fo folemnly enacted by the concurrence of the
whole legiflature, the proftituted bench of judges, four
indi-
:
222
HISTORY OF ENGLAND.
Ann. 1637. individuals excepted, gave fentence in favour of the
‹ crown. The judges Wefton, Crawley, Berkley, Vernon,
Trevor, Finch, and Bramfton, for the King; Crook, Hut-
ton, Denham, and Davenport, for Mr. Hampden.
THE great Littleton, who had made fo noble a figure in
all proceedings againſt the ufurpations of the crown, and
in pleading the cauſe of the impriſoned members; had
cried out, “The Petition of Right, the Petition of Right;
was now funk into a folicitor-general, and argued on the
fide of tyranny with all the petulance, arrogance, pre-
varication, and fallacy, of a true crown-lawyer; who,
fafe under the royal banners, clamours nonferife and falf-
hoods at the bar with unlimited impunity. The point
in difpute was fo impotently contefted by the pleaders on
the fide of prerogative, that nothing could equal the ini-
quity of their intentions but the weaknefs of their ar-
guments. On the other fide, Mr. St. John. fupported his
with a great weight of authorities, and fhewed a depth
of learning, and ſtrength of reafon, equal to the impor-
tance of the occafion. Mr. Holbourne was manly and
rhetorical: He expofed the iniquity of the tax, upon the
principles of hiftory, law, and civil policy *: But when
at the greateſt diſtance he pointed towards matters of go-
vernment, he was checked and interrupted from the
bench by that confummate tool Finch, who in open court
!
* This work having been already enriched with a number of notes
neceffary to illuftrate or enforce the matter in the text-that the page
might not be disfigured with a very long one relating to this important
trial, the author has thought proper to add it by way of Appendix,
which the reader is earnestly defired to perufe.
reproached
CHARLES I.
223
reproached Crook and Hutton with having receded from Ann. 1637.
their opinions given in private *. In the fpeeches that
Hutton and Crook made, they excuſed the ſeeming dif-
ference in their judgments, affirming, that the former
opinion, which had been fubfcribed with their hands,
was extorted from them by their brethren, more ancient
than themſelves: They had affured them, that it was not
fit in cafes of a nature fo much concerning the King, for
fome to ſubſcribe, and others to forbear their ſubſcrip-
tion; and although they did fubfcribe, it did not fo
bind, but that if the cafe came in queſtion judicially be-
fore them, they might give their judgments as they
fhould fee caufe, after hearing the arguments on both
fides. Judge Hutton farther ſaid, that if he was now
of the fame opinion he had before fubfcribed to, yet
this writ did not purſue that direction; for it was then
agreed, that the King might charge in cafe of a gene-
ral danger, not a danger of pirates, but on imminent
neceffity and apparent danger, which could not otherwiſe
be avoided.
In the courſe of the pleadings, it had been confeffed,
that public and private danger might be fo imminent as
to occafion a neceffary ceffation of property, whilft the
parties were providing for their fafety: But how abfurd
was the plea of neceffity in the prefent cafe? Urgent dan-
ger must be obvious to the public eye, and men will
* Denham being abfent on account of fickness, Finch repaired to
his chamber, to urge him to retract his opinion; and on his refufal,
ufed fome threatning expreffions... Commons Charge against Finch, Rufb-
worth, vol. IV. p. 187.
then
224
HISTORY OF ENGLAND.
1
Ann. 1637. then readily fubmit to an irregular authority, when ex-
erted for their prefervation. What is there common be-
twixt fuch fuppofitions and the prefent condition of the
nation, faid the popular lawyers? England enjoys a pro-
found peace, and the enmity fubfifting between her neigh-
bours fecures her tranquillity. The writs which are if
fued for the levying of fhip-money pretend only that the
feas are infefted with pirates, and allow feveral months
for equipping the fhips: This must be a fpecies of ne-
ceffity that would admit of delay beyond the time requi-
fite for fummoning a parliament. It was farther re-
marked, that the pretended neceffity had continued, with-
out interruption, for three years; and during fo long a
time, had remained invifible to the whole nation.
}
i
THIS trial, which had been permitted in order to ob
tain a judicial record in favour of defpotifm, helped to
rouſe the public from that effeminate paffiveneſs which
riches and luxury had occafioned. A long peace, and
national induſtry, had greatly enlarged the commerce,
and encreaſed the opulence, of the people of England.
Theſe advantages, due alone to their diligence and vir-
tue, they now, by a logic which included all the pro-
perty in the kingdom, faw themfelves irrecoverably de-
prived of. The more the late tranfactions were canvaffed,
the more evidently did it appear, that the old conftitu-
tion was totally fubverted, and tyranny eſtabliſhed in its
ftead; the utmoſt violence exerciſed againſt mens per-
fons and property, under the pretence of law and reaſon :
If any thing could add to the indignity the public re-
ceived, it muſt be fuch a mockery of their underſtand-
ing.
་
1
!
CHARLES I
225
ing. The judgment in the cafe of ſhip-money bound Ann. 1637,
all men to a forced acquiefcence; for the queftion, whe-
ther the King could impofe taxes without conſent of
parliament, was never afterwards fuffered to be debated:
The lord Say endeavoured to procure a new trial on the
fame point, but was refufed. Juftice Crawley, at an Acherley's
affize in the Weſtern circuit, afferted, in the face of the tions, p. 373,
country, that the power of impofing was fo inherent in
the crown,
that no parliament could take it away. Juf-
tice Berkley, at the York-affizes, in the fame public man-
ner, declared, that the judges were in ſome caſes above
parliaments.
}
2
Brit.Conftitu-
THE zeal which thefe corrupt lawyers fhewed in the
cauſe of flavery could not be equalled but by the frenzy
of the clergy. One Harriſon, a well-beneficed divine,
and chaplain-extraordinary to bifhop Juxon the treaſurer,
took notes of judge Hutton's ſpeech in the caſe of ſhip-
money; and four days after preffed up to the bar of the
Common-Pleas, crying, he came to diſcover high-treaſon.
On being told, that the King's-Bench court was more
proper for that accufation, he faid, "No; the party fat Strafford's
in that court, and there he would charge him: It was vol.II. p.167,
judge Hutton." The croud about the bar faid he was
mad. "No, replied his curate, he will make good his
accufation." On being taken into cuftody and examined,
he juſtified his behaviour, and faid, that Mr. Juftice Hut-
ton, in his argument, had denied that fupremacy and
fupreme power which, by the orthodox opinion of all di-
vines, was inherent in the King, whereby he had power
to affefs what fum foever he in his confcience, between
God and him, thought fit, for the good of the common-
VOL. II.
G g
wealth,
177.
State Trials,
vol. I. p. 699,
& feq.
रु
226
HISTORY OF ENGLAN D.
Ann. 1637. wealth, notwithſtanding any ftatutes, laws, or cuſtoms,
to the contrary, that all the ftatutes were but favours
from the Kings of this realm, which they might break
at their pleaſure. The miniftry were ſo aſhamed of this
flight of Harriſon's, that they gave directions to proceed
againſt him in the King's-Bench, where, for the miſde-
meanor of infulting a judge in his office, he was fined
five thousand pounds, and to make an acknowledgment
of his offence.
Whitlock,
P. 24.
1
-
RELATIVE to this important trial and judgment in the
caſe of ſhip-money, I muſt remark an anecdote that does
honour to the female fex. Judge Crook, fearful of ex--
pofing himſelf to the refentment of a wicked and power--
ful miniſtry, had determined to give judgment for the
King; but his wife, a woman of true virtue, addreffed
him in a ſtyle of Spartan magnanimity; conjured him
not to err againft his confcience and his honour for fear
of incurring danger or poverty: For herfelf, fhe would
be content to fuffer want or any mifery, rather than be
the occafion of his acting againſt his judgment and his
conſcience. Crook, ftruck with the exalted fentiments,
and ftrengthened with the farther encouragements, of fo
dear and perfuafive a friend, altered his purpoſe, and not
only gave his opinion against the King, but argued with
a noble boldneſs and firmnefs on the fide of Law and
Liberty. That there is an example of this kind in the
hiftory of my country, gives me infinite pleaſure; that
there are few, I feel with a fenfible regret. Were the
principles of the generality of the fex as juft and as well
founded as were thofe of this refpectable woman, it
would have a very happy effect on the conduct of fociety:
*
We
+
CHARLES
227
I.
1
We ſhould not have to lament fo many melancholy in- Ann. 1637.
ftances of human weakneſs, nor, particularly in this
country, fuch a continued fucceffion of patriots falling
from the higheſt pinnacle of reputation into the pit of
ſhame and infamy, and facrificing the effential-fuperiori-
ties of virtue and honour to the fancied diftinctions of a
peerage and a ribbon!
*
berland.
Letters,
117.
SHIP-MONEY continued to be exacted with the utmoſt
rigor; and, to keep up appearances, a fleet for fome
time paraded on the feas: But, according to the opinion
of the lord-admiral *, it was of fo little fervice, that Northum
the King might have faved his charges, and kept it at Strafford's
home. Indeed, the miniftry feemed to confider its ufes vol. II. p. 84,
only as a colour to their pretences; for at this very time ¹¹7.
the Dutch re-affumed their claim, and refuſed to purchaſe
licences for fiſhing. The neutrality of the Engliſh ports
were not only violated by Spain, Holland, and France,
but the Engliſh merchant-men were frequently taken by
the fhips of theſe feveral powers; the paffage-boats car-
rying the King's packets were ſpoiled and arrefted by the
French. The earl of Leiceſter, ambaffador to that King, Sidney's State
writes to fecretary Cook, "That the feas were dangerous p. 375, 435,
by reaſon of the Dunkirkers; that the French committed oldanixon,
frequent and infufferable infolencies upon the English;
that the King's purveyor having made proviſion of fo-
reign wine, part was taken by the Biſcayners, and car-
ried into Spain, and the other part ftayed in France." Sir
Philip Carteret, governor of Jerſey, complained, that
there was a general arreſt of all Engliſh ſhips and goods.
At this juncture, three Engliſh Eaft-India fhips were
taken by the Hollanders, the Bona-Efperanza, the Dra-
Gg 2
gon,
Papers, vol.II.
531, 533.
P. 128.
1
228
HISTORY OF ENGLAND.
the Turks.
Sallee de-
ftroyed.
'
Ann. 1637. gon, and Katherine, valued at 350,000l. The Alge-
Depredations
committed by rine pirates continued to infeft even the Britiſh Channel,
and made fuch captures that they were at one time in
poffeffion of between four and five thouſand ſubjects of
the crown of England. Sallee, a town fituated in the
province of Fez, on the coaft of Barbary, the great ren-
dezvous of theſe fea-robbers, revolting from the govern-
ment of the emperor of Morocco, that prince ſent an
ambaſſador to Charles to defire him to attack the town
by fea, whilst he affaulted it by land. Captain Rainfbo-
rough, an experienced fea-officer, was this year fent with
four fhips and two pinnaces, with inftructions to block
up the port of Sallee. It was at the fame time at-
tacked by a very powerful land-force, and foon reduced;
the fortifications were demolished, and the leaders of the
rebellion put to death. It does not appear, that the re-
duction of Sallee was of any very material fervice to the
Engliſh ſubjects, for the Turks continued their depreda-
tions many years after this event.
<
THE peace of Prague had diſcontented all parties, but
particularly the Swedes, who, abetted by the French and
Dutch, invaded the elector of Saxony's dominions. This
contention among almoſt all the great powers in Europe
rendered Charles of fome confequence: He had been
courted in turns by the three ftates in confederacy againſt
the houſe of Auftria---Holland, France, and Sweden. Of
the increaſing power of the French and Dutch he had
conceived a jealoufy, and was fo cold towards entering
into any alliance with the Swedes, that the chancellor
Oxienftiern's fon, who had been fent by his father into
England to profecute the project of the negotiation
which
:
t
CHAR LE S I.
229.
which had been broken off by Vane, was fo little re- Ann. 1637.
garded, and treated in fo flighting a manner, that he
left the kingdom in great difcontent, not even accepting
the prefents that were made him in the character of am-
baffador. Charles neglected all the offers of affiftance that
thefe powers tendered him towards the reftitution of the
Palatinate family, and chofe fill to depend on the houſe
of Auftria, who, at this crifis, he imagined would be
glad to purchaſe his friendſhip. At the acceffion of the Arundel's
new emperor, the earl of Arundel was fent into Germa- gotiation.
ny, to negotiate the reftoration of the elector's patri- vol. II. p.364>
}
fruitless ne-
Rufhworth,
mony. The ambaffador received an anfwer fo little fa- & feq.
tisfactory to the defires of the court of England, that
he returned home in great difguft, without taking leave *.
Charles, inflamed by the account which the earl of Arun-
del gave of his fruitlefs embaffy, began to liften to pro-
pofitions that were made him by the French king, whofe
Country was at this time. invaded by the arch-duke.
For
the affiftance of the Engliſh fleet, and fome levies of men,
Charles was to have a fhare in all the conquefts gained
from the Auſtrian family, and no peace to be concluded
before the prince-elector was reftored to his poffeffions
and dignities †.
* The duke of Bavaria plainly told him, that what he had gained by
the fword, he would keep by the fword. Rushworth, vol. II. p. 365.
There was at this time an effort made to get money from the Pu-
ritans, under pretence that the prince-elector, who was yet in Eng-
land, was defirous of being in action, and would attempt an expedition
against Spain. This did not take: The people of England were too
much exaſperated with forced impofitions to come into the fcheme of
a voluntary contribution. Strafford's Letters, vol. II. p. 49.
6
THERE
+
230
HISTORY OF ENGLAND.
晶
​Ann. 1637.
fures of the
miniftry.
THERE were at this time two factions in the court;
1
one of them favoured the houfe of Auftria*, and the
other inclined to the French and Dutch. The firſt had
drank deep of the intoxicating cup of tyranny, and
had planned all the meaſures which had been purſued
Pacific mea to fubvert the conftitution: They found their fafety de-
pended on preſerving a profound peace, and uſed all
their influence to prevent their mafter from engaging
himſelf in the quarrel on the continent, or entering too
far into the intereft of his fifter and his nephews. The
other faction had kept well with the court, for the fake
of places and preferments; but at the fame time impa-
tiently expected an occafion which would drive Charles
and his cabal into the neceffity of fummoning a parlia-
ment: This event, they hoped, would prove a means of
freeing their enflaved country, and confounding the hi-
therto-fucceſsful ſchemes of her enemies. They continu-
ally repreſented to the King the deplorable fituation of
the queen of Bohemia, and that now was the favourable
crifis to recover by honourable means the Palatinate, and
revenge the indignities the Stewart family had received
from the houſe of Auſtria †.
* Northumberland, who was of the council, wrote word to Leiceſter,
Charles's ambaffador in France, that Laud, Hamilton, and Wentworth,
who were the people that abfolutely governed, were as much Spaniſh
as Olivares; that there was not any body about the King more Spaniſh
than Wentworth. Moreri accufes him of being a penfioner to Spain.
Sir Thomas Roe wrote out of Germany, that he had good intelligence
there, that fecretary Windebank betrayed the counfels of the Engliſh
court to the Spaniards and Imperialiſts, and that he was their penfioner:
Sidney's State Papers, vol. II. p. 617, 621.
+ Wentworth perfectly understood the aims of this faction, and ex-
pr:ffed his fears to Laud. "Good my lord, writes he, if it be not
•
too
CHAR LE S I.
23.1
:
2
Letters,
THE prefent appearance of a war ftruck the cabal of mi- Ann. 1637..
nifters and all their adherents with confternation: A par-
liament, that object of terror to wicked ftateſmen, repre-
fented itſelf to their imagination, armed with all the pow-
ers of the injured conftitution; and their guilt made them
fenfible that they had nothing to hope from the ſevere
but equitable juftice of that affembly. The alarm ran Strafford's
thro' the whole miniſterial faction: Tho' Charles affured vol. II. p. 53,
Wentworth that his warfare ſhould be by fea, not by
59, & feq.
land, that he was determined not to meddle with land-
forces, and that by this management he ſhould keep
free from the neceffity of calling a parliament, yet this
did not calm the apprehenfions of this ſelf-convicted crimi-
nal: He repreſented in a very preffing manner," the dan-
ger the King ran of entering into foreign engagements
till the crown was diſcharged of debts, the royal coffers
filled, and the fovereignty fet upon its right foot through-
qut the three kingdoms; but that this foundation laid,
nothing could ſhake the monarchy, or ſtay the career of
his majeſty's triumphs. It was to be confidered how far
his majefty was obliged to interrupt the profperity of his
own affairs, for the reftitution of the prince-elector his
nephew; how far anſwerable in piety towards his ſiſter
·
too late, uſe your best to deliver us from this war; it will neceffarily
put the King upon all the high ways poffible; and if theſe fail, the next
will but be the facrificing thoſe that have been his minifters therein. I
profefs I will lay down my life to ferve my mafter; but it would fome-
thing trouble. me to find even thoſe that drew and engaged him in all
theſe miſchiefs bufy about me themſelves in fitting the halter about my
neck, and in tying the knot ſure that it ſhould not flip; as if they
were the perfons in the world the moſt innocent of guilt, howbeit in
truth as black as Hell itſelf, and on whom the puniſhment ought to lie.”
Strafford's Letters, vol. II: P. 66.
and
232
HISTORY OF ENGLAND. ·
Ann. 1637. and his nephews, having fo royal and plentiful an iffue
of his own to be provided for according to their great-
nefs, and that in the firſt place, whereas by this means
they ſeemed poftponed; it was to be confidered, whe-
ther ſhip-money would be brought in fo readily this
year as it was the laft, or whether his majefty's being
engaged in a war might embolden the ill-affected to
grow more backward in their payments, finding him
not at fo entire leifure to difcipline their untowardneſs
as in time of peace. Should the fleet going out fall into
any misfortune, what likelihood that the fubject would,
without heſitation, make up the breach by a fecond levy?
that failing, what other means had the crown to enforce
it but by parliament? and what wifdom did advife the
fummoning one in a time fo conditioned? Were it not
more opportune to endeavour the reftitution by treaty, to
fatisfy the duke of Bavaria and other pretenders with
two or three hundred thoufand pounds amongst them,
rather than to enter into a war accompanied with uncer-
tainties, inconveniencies, and dangers? It might be afk-
ed, where was fo great a fum to be had? Of the fub-
jects of England; and thus infenfibly gain a precedent,
and fettle a right in the crown to levies of fuch a na-
ture, which drew after it many advantages, more proper
to be thought of at fome other feaſon than the prefent."
To thefe confiderations Wentworth added, that the confe-
quences of a war would be the decreafe of the cuftoms
of Ireland * ; it would prove an obftacle in the fettling
* By the means of many oppreffive impofitions, the receipt of the cuf
toms in Ireland was raiſed two thouſand pounds a year. Wentworth had
a great ſhare in theſe farms, and was accuſed of putting more money in
his own pocket by thefe improvements than he did in his mafter's.
plan-
1
CHARLES I
233
:
}
plantations, and that all the propofitions given to his Ann. 1637.
majefty for the advancement of his revenue would be at
a ftand,
Papers,
vol. II. p.394)
q•
ARGUMENTS of this nature could not fail of having
their due weight. The entering into a league with the
fore-mentioned confederate powers was entirely laid afide,
and Charles affured his minifters, that nothing ſhould in-
cite him to meddle with war. He refused to enter into Sidney': State
an offenfive and defenfive treaty with France, and flighted fled. 1745,
every propofition of alliance with that court. Lewis refented & feq.
this behaviour, and told the earl of Leiceſter, the English 445, 451+
ambaffador, that his mafter's embracing or rejecting the
amity proffered depended on the refolutions of the court
of Vienna, and that he had made ufe of a pretended treaty
with France to render the emperor more compliant to his
demands. Lewis farther complained, that the King of Eng-
land openly affifted the enemies of France, the Spaniards,
and earneſtly adviſed Charles to break off all correfpon-
dence with the emperor, for he was affured that the houfe
of Auſtria would never give him any kind of fatisfaction.
FROM the circumftances that have been mentioned it
is eaſy to gather what were the true reaſons for Charles's
obftinate neutrality during the contest between the houſes
of Auftria and Bourbon, when almoſt all the other flates
in Europe were engaged on the one fide or the other.
On this occafion, moft writers have complimented him
with a fagacity and difintereſtedneſs, which make no part
of his character; they have given him the merit of un-
derſtanding the true intereft of Europe, of foreſeeing the
formidable greatnefs of the Bourbon family, and acting
"
·VOL. II.
Hh
!
by
1
234
HISTORY OF ENGLAN D.
:.
Ann. 1637, by this knowledge on the fteady principles of juft policy.
To fuch fuppofitions it may be objected, that Charles's
government was of a nature that obliged him to keep
out of every war, but that which he was making on
the Engliſh conftitution; that the balance of power was
at this time apparently in the houſe of Auftria, a family
who had in a manner deftroyed both the civil and reli-
gious liberties of Germany; that had the king of Eng..
land, by an upright government, united his fubjects in-
tereft with his own, he would have been affifted in a
manner that would have rendered him one of the moſt
confiderable principals in the war. The houſe of Auftria
might have been deſpoiled of fome of that power it had
fhamefully abufed; and the Palatinate family, not the
French, come in for a great part of the plunder: where-
as, by permitting Lewis to become the head of the Pro-
teftant confederacy, one of theſe two inconveniencies
were likely to follow either the houfe of Auftria get
the better, and thus become more formidable by the con-
tention; or be worfted, and the houfe of Bourbon ac-
quire a great acquifition of power.
Hacket's Life
of Williams,
fol. ed.
Id. oct. ed.
Church Hift.
·
WILLIAMS biſhop of Lincoln, notwithstanding many
fervile efforts to recover power and influence, continued
Rufhworth. ftill the object of difgrace: The inplacable Laud, who
Fuller's had conceived an infuperable jealoufy of his abilities,.
perfecuted him with repeated injuries. Buckingham's
enmity and fufpicions have been related on the diffolu-
tion of the affembly at Oxford. Williams attempted to
ward off the expected blow, by putting into the King's.
hand the hiftory of his conduct: That he had never
fpoken with any of the ſtirring members but with Phi-
+
lips
CHARL LE S · I.
235
lips, and with Wentworth for the fervice of the duke; Ann. 1637.
that he did crofs the popular way more than any of the
council, in adviſing his majefty to referve to himſelf the
execution of laws againft Recufants, in poftponing the
bill against them, and in ftaying the bill of tonnage and
poundage, which was promoted by lord Say *; that he
had offered his fervice to his majefty for the executing
of any directions that fhould be given to him in pri-
vate; that he had waited on his majefty and the duke
feven times for fuch commands, and had received none;
that as the duke was endeavouring to ruin him in par-
liament, he could not ftickle at that time without em-
ployment from his majeſty.
Wil-
CHARLES was fo fatisfied with William's juſtifying him-
felf from having any honeft intentions, that he received
him graciouſly; but Buckingham and Laud were too ear-
neftly intent on his ruin to fuffer him to fave his plumage:
He was deprived of the feals, under pretence that they were
given him by James but for the term of three years, and
were defigned by that King to be kept triennially.
liams pleaded, that he had been by his late maſter permit-
ted to keep his office above that term, and that Charles had
continued him in it without any condition or limitation
of time; he deſired leave to ſpeak with the King, which
was granted him, on condition that he would not prefs
his majeſty to yield reafons for removing him from the feals
and from the council-board. In this interview he made
feveral petitions, which the King, who wanted to get rid
of him, promiſed to grant, but fell fhort in the perfor
* This was a bill of tonnage and poundage for a limited time, ſent
up by the Commons, and rejected by the Peers.
Hh 2
mance;
1
!
i
་
}
'
X
236
HISTORY OF ENGLAND.
Ann, 1637. mance; and the bifhop was farther mortified with orders
to confine himſelf to his epifcopal fee, not to appear at
the coronation, nor to attend the next parliament. In
the third parliament of this reign he was called up by
an exprefs direction from the Houfe of Lords, and dif-
played fuch a zeal for the court in the buſineſs of the
Petition of Right, on the cenfure of the commiffion to
raiſe money, and in urging the paffing a bill of ton-
nage and poundage, that he obtained a private audience
with the King and duke. On fome advice that he gave
how to allay the animofity of the Commons, it was de-
termined that a degree of indulgence fhould be fhewed
to the Puritans. This inflamed Laud's malice to fuch a
height, that Williams was perfecuted without ceafing by
the tools of this prelate, and at length a Star-chamber
bill was drawn up againſt him, on pretence that he had
betrayed the King's counfel, in telling to Sir John Lamb,
Drs. Sibthorp, Burden, and Allen, four of Laud's creatures,
and officers in the ecclefiaftical courts *, that it was the
royal pleaſure the Puritans (hould be treated with fome.
condefcenfion †.
* Sir John Lamb was dean of the arches. He owed his fortune-
to Williams, and had by his intereft efcaped parliamentary cenfure.
Fuller's Church Hift. B. XI. p. 155.
+ The biſhop put in an anſwer that this was a confpiracy and com-
bination of the perfons named in the bill; viz. Sir John Lamb, &c.
from an intent to advance themſelves, and hatred they bore to him for
not permitting them to get money out of the King's fubjects in Leicef-
terfhire, by hauling them into their nets, ex officio mero, under an ima-
ginary colour of Puritanifm. All that made for the defendant in this
anfwer was expurged by the court, on pretence that none muft im-.
peach the credit of the King's witneffes, who depofing pro domino rege
muſt be reputed holy and facred in what they aver. Fuller's Church Hift.
B. XI. p. 156, & feq.
А сома
}
}
G HAR LE S I.
HARLES
237
A COMMISSION was fet on foot to enquire if he took Ann. 1637–
any bribe whilft he kept the great feal. The prebenda-
ries of the church of Weftminfter were prevailed on to
prefer articles of mis-government againſt him *. A kind
of bargain was carrying on, that Williams fhould part
with four thousand pounds, his deanry, and two com-
mendams, or pay eight thouſand pounds to the King's
ufe. Laud, unwilling that he fhould come off at fo
eafy a rate, brought another falſe and frivolous charge
into the Star-chamber against him, for tampering with
the King's witneffes, and fuborning people to fupport,
by perjury, the credit of a man who was prefent when
the converſation paffed between him, Lamb, and Sib-
thorp, and was to give teftimony in his favour. This
ridiculous accufation was in the cafe of a baftard-child;
an offence that could not poffibly affect the judicial tef-
timony of the offender. Though it was apparent that
the profecution was a malicious confpiracy againſt the
liberty and property of the biſhop; though it was ma-
naged by tools notoriously profligate; yet it employed
the members of the Star-chamber nine days: and at laft
fentence was given, That Williams fhould pay ten thous
fand pounds to the King; fuffer impriſonment during
* A very unequal tax was laid upon him in the levy of ſhip-money.
When he requeſted Cottington to inform him what he fhould do to ob-
tain his peace, Cottington anfwered, that his majefty did not like he-
fhould be fo near a neighbour to Whitehall-he would be better con--
tented if he would part with his deanry; that the luftre in which he liv-
ed, the great company which reforted to him, and his profuſe hoſpitality,
were objected; it being not the King's meaning, that one whom he had
plucked down fhould live fo high. Hacket's Life of Williams, oct. ed.
p. 184, & feq..
pleaſure;
238
HISTORY OF ENGLAND.
'
}
',
;
Ann. 1637. pleaſure; be fufpended from his ecclefiaftical function *
delivered over to the High-commiffion court; and more-
over to pay one thouſand marks to one Sir John Munſon,
whom he had accuſed of mal-practices againſt hìm †.
*
I
During Williams's fufpenfion, Laud exercifed every kind of eccle-
fiaftical jurifdiction in the dioceſe of Lincoln. He fent a warrant to
the prebendaries of the collegiate church of Weſtminſter, to act and
paſs all orders during the fufpenfion of their dean. Thefe were to go
in the dean's name. This commiffion was deemed by the lawyers irre-
gular and illegal. Baker's Chronicle, p. 457. Whitlock, p. 25.
†The plague having broke out in London, and all proceffes at
law fufpended, by a proclamation, till Hilary-term, the bishop
claimed the privilege that his caufe might be deferred till then.
The lord-keeper Coventry told him, that the proclamation was clear
on his fide, but he had ſpecial directions that he ſhould have no bene-
fit of it.
Before the members of the Star-chamber fat in judgment on this
cauſe, they debated in another room concerning the puniſhment they
fhould inflict on Williams; and it was with fome difficulty that the
more moderate members, who feared the buftle that fuch a bufinefs
would make, prevented his being degraded, with a view of inflicting
on him corporal puniſhments, whipping, branding, cropping ears, and
the pillory. Finch and Windebank, two of Laud's moſt devoted
tools, declared that if others would have concurred, they would have
laid fome ignominy on Williams's perfon. Laud's malice got the bet-
ter of his zeal for the dignity of biſhops: He not only endeavoured
to inflict on Williams this bafe puniſhment, but juſtified his inftru-
ment, Kilvert, in publicly affronting him in the groffeft man-
Finch, to whom Lincoln had formerly been very friendly, al-
tered a certificate which he and fome of his fellow-judges had figned
in his behalf On being queftioned for this, he anfwered, that he
had been foundly chidden by his majefty, and would not deſtroy him-
felf for any man's fake. In this trial Finch declared, and the lord-
keeper Coventry joined with him in opinion, that it was not neceffary
in that court to have a truth proved by two or three witneffes: "For
my part, ſaid Finch, fingularis teftis fhall many times move and induce
4
me
CHAR L
AR LE S I. ·
23.9
?
Laud made a long pedantic fpeech on the occafion: He Ann. 1637.
laboured to perfuade the court, that he had endeavoured
on his knees, five feveral times, to ſerve the biſhop with
the King; but that his obftinacy in not owning his of-
fence had defeated all applications in his favour *. He
told a tedious impertinent ftory from St. Auftin concern-
ing St. Cecilia's trial; inveighed bitterly againſt the fin
of perjury; ran through the whole detail of its progref
fion; fhewed that the Holy Ghoſt had made no mention
of fuch a crime for the firft three thousand years of the
world; that the Holy Ghoft had refuſed to name Jeze-
bel's falfe witneffes, otherwife than under the character
of men of Belial; related the determination of councils
concerning the crime; infinuated that the ſentence was a
very merciful one-for the wiſeſt nations, on the like oc-
cafions, had inflicted death; therefore, though he much
compaſſionated the biſhop's fate, yet, conſidering his guilt
was fo great, he did agree with the heaviest cenfure.
P. 462..
KILVERT, a profligate man, and an eſpecial inftru- Echard,
ment of Laud, was appointed to levy the fine. In the
execution of this commiffion he did all poffible miſchief
to the property of the unfortunate prifoner: He felled
me verily to believe an act done, when more proofs are fhunned.”
Hacker's Life of Williams, oct. ed. p. 189,& feq. fol..ed. part II. p. 125.
Rushworth, vol. II. p. 416, & feq.
*The following paffage, in an account of this bufinefs written to
Wentworth by one of the court-parafites, fhews fully the ftyle of think-
ing and talking of thefe contemptible beings.. "The bishop's pride
and obftinacy in not fubmitting to the King in due time has undone
him; nay, fince his cenfure they fay he pleads to all his friends his in-
nocency, or elſe he is horribly belied." Strafford's Letters, vol. II.
P.87.
his
1
こ
​240
HISTORY OF ENGLAN D.
Ann. 1637. his timber, killed his deer, fold his goods for a twen-
tieth part of what they coft. The bishop's benefices,
lands, and leafes, were offered to be rented at four thou-
fand five hundred pounds a-year, with fufficient fecurity
to pay the King. Kilvert brought a letter from ſecretary
Windebank, to direct the jury to receive no evidence
against the King's profit, but to find the particulars at
half the rate, or lefs: The jury obeyed the direction,
and Kilvert and his gang lived upon the eftate, and col-
lected the rents at their pleaſure. Under all theſe mor-
tifications, Lincoln not fubmitting to certain propofitions,
Laud raiſed another profecution againſt him, for licenſ
ing a book called "The Holy-Table Name and Thing,"
of which he was the fuppofed author. Whilft in priſon,
a third information was lodged againſt him in the Star-
chamber, on the fhameful pretence of having concealed
a letter written by one Ofbaldiftone a ſchool-maſter, in
which mention was made of " a little great man, a little
urchin." This letter had been feized among Lincoln's fur-
niture and books; and, by inferencs and conftructions,
the epithets in it were applied to Laud. Williams was
tried for entering into a confpiracy with Ofbaldiſtone to
contrive and divulge fcandalous libels against the arch-
biſhop and the ftate. Notwithſtanding it was pleaded,
that the evidences that appeared againſt him were his
own fervants; that they had been lately cenfured for
tampering with witneffes, and were perfons expecting
the mercy of the court *; and moreover, that the wit-
nefs Walker, Lincoln's fecretary, had commiffion to open
*** They had been all cenfured; but their fines were commuted into
offices of ferving as witneffes againſt Williams. Echard, p. 462.
his
.3
{
*
*
:
CHARLES
I.
241
his letters in his abfence, and if thoſe letters were found Ann. 1637、
at his houſe they were laid up and concealed by the faid
Walker *; ; yet he was fentenced to pay five thoufand
pounds to the King, and three thouſand to the prelate.
Ofbaldiſtone to pay five thousand pounds to the King,
and five thousand to the archbishop, and to ftand with
his ears nailed to the pillory in Dean's-Yard, before his
own fchoolt. In the fpeeches that each member made in
paffing this fcandalous fentence, they took an occafion to
-run out in encomiums upon Laud. The earl of Dorſet
reviled Ofbaldiftone, who was a man of great eminence
in his profeffion, in the fame low ftyle as he had before
ufed to Prynne. Juftice Brampton faid, that he fhould
up
* The fubftance of the bishop's defence was denying the fact. Banks
*the attorney-general obferved, that from this circumftance he was guilty
of perjury, and that perjury was puniſhable in that court, though not
charged in the information. In the courſe of this trial, this fervile and
iniquitous doctrine was highly afferted, that if a libel was concealed
concerning a private perfon, it was no offence; but if it concerned a
public officer, the concealer to be puniſhed as a libeller. After Lin-
coln was fufpended by the High-commiffion, he was twice examined in
the Tower by two biſhops and three doctors, on articles that took
twenty-four fleets of paper written on both fides. They were all of
them of the following fort: Whether all books licenſed by his grace
of Canterbury's chaplain, as Manwaring's Sermons, &c. were not to
be prefumed by all true fubjects to be orthodox, and agreeable to found
religion; concerning biſhop Williams having ſaid, that all fleſh in Eng-
land had corrupted their ways; that he had called a book entitled “ A
Coal from the Altar," a pamphlet, &c. Though Lincoln gave very
wary anſwers to every one of the articles, yet on thefe examinations
he was reprefented to the King as much difaffected to the prefent go-
vernment. Rushworth, vol. II. p. 803, & feq. Fuller's Church Hift.
book XI. p. 159.
*
་
+ He faved his ears by abfconding, and keeping himſelf concealed.
VOL. II.
I i
not
1
3
5
242
HISTORY OF ENGLAND.
Ann. 1637. not ftand upon the validity of the witneffes, for he was
convinced that Lincoln was guilty. And the lord-keeper
obferved, that Lincoln had been thrice examined upon
the letter, which was a fhrewd argument to him that he
knew there was fcandalous matter contained in it *
Profecution
Baftwick, and
Prynne.
A
་
*
THESE Unjuft profecutions carried on against this bi
ſhop, notorious in their nature, were particularly the ob
ject of public attention and refentment, from that quick
fenfibility which was at this time among the people,
proceeding from the government having irritated them
without ceafing, not only by tyrannical acts, fubverfive
of the conſtitution, but by barbarous violations of all
laws, human and divine. It was for this reafon that
Lincoln met with great pity from the populace, who
thronged every day to the court of Star-chamber to at
tend his trial.
IMMEDIATELY before this bifhop was brought on the
of Burton, ftage, their attention had been riveted on an object of a
yet more intereſting nature. Burton a divine, Baftwick
a phyſician, and Prynne, the fame lawyer who had al-
ready been ſo cruelly handled in the Star-chamber, pro-
againit Pre- voked anew the furious Laud, by feveral publications
againſt the jus divinum of biſhops. Thefe books, though
Church Hift. they contained difagreeable truths, yet they were written
in fo fanatic and diffufive a ftyle, that nothing but the
extreme fcarcity of performances on this fide of the quef
Prynne
lates.
Fuller's
Rushworth.
* Finch and Windebank voted, that the bishop's fine ſhould be, ten
thouſand pounds. Rushworth, vol. II. p. 811.
tion
RL 243
ES I.
CCAH AR L
Η
tion, occafioned by the restraint on the prefs, with the Ann. 1637.
averfion the public had to the preſent pretenfions of the
church, could have procured them a tolerable reception.
Dr. Baftwick, for publiſhing a work entitled, Flagellum
Pontificis & Epifcoporum Latialium, had his houfe ranfacked
by a purfuivant, all his books and papers carried off,
himſelf accuſed in the High-commiffion court, there fined
one thousand pounds, excommunicated, debarred from
the practice of phyfic, his books ordered to be burnt,
and his body imprifoned till he ſhould make recantation.
Whilft under confinement, he wrote another book, taxing
the proceedings of the High-commiffion court. Mr.
Burton had not only publiſhed feveral books offenfive to
the hierarchy, but had preached a fermon on the fifth
of November, in which he pointed out many innova-
tions in the forms of the Engliſh worſhip *. Prynne,
though in prifon, had again employed his pen on the
fame fubject. Theſe men Laud brought into the Star-
chamber. The delinquents finding that the terrors of
the court had made their counſel fhy, they petitioned
that they might fign their anfwers themſelves ‡. This
*
+
·
J
The following are fome of the innovations with which he taxed
the prelates, in a book entitled, "News from Ipfwich:" That divine
fervice on the faft-days was enjoined to be without fermons; that
Wedneſdays were appointed for faft-days, on purpoſe to fupprefs the
lectures which were read on thoſe days; the changing the word "in"
for at the name of Jeſus every knee fhall bow." State Trials, vol. I.
P. 466, & feq.
+ A large number of Burton's parishioners having fent a petition to
the King to intreat for his pardon and liberty, the two people that car-
ried it were committed to prifon. Strafford's Letters, vol. II. p. 57.
+ Prynne pleaded, that it was
fwer at the time appointed by the
impoffible for him to put in an an-
court: for that in order to difable
Ii 2.
him
244
HISTORY OF ENGLAND.
:
Ann. 1637. requeſt being denied, they with great fpirit put in a
croſs-bill against the prelates, charging them with ufurp
ing upon the prerogative-royal with innovations; and
fet forth the fubftance of their anfwers *. The court of:
him in the profecution of his caufe, his friends were reftrained from
him; he was prohibited accefs to his counfel; debarred the ufe of pen,
ink, and paper; and moreover, his fervant, who ſhould folicit his bu-
fineſs, and help to copy and engrofs his anfwer, was by Laud's direc-
tion detained a clofe prifoner in a meffenger's hands. On the receipt
of this petition, counfel was ordered to repair to Mr. Prynne; but
when his anſwer was drawn up, it yet remained unfigned, for that his
counfel Holt was forbid to put his name to it. Moreover, Gardiner a
clerk belonging to the Tower, for writing the petition, was by a war--
rant from the archbishop apprehended by a purfuivant, and kept as
priſoner fourteen days. Prynne against Prelates, 4to ed. 1641, p. 29.
& feq.
I
·
* On this unexpected exertion, Laud obtained the following certifi
cate from the juftices of the court of King's-Bench, Common-Pleas,
and the barons of the Exchequer: "That proceſs may iffue out of
the ecclefiaftical courts in the name of the bishops; that a patent un-
der the great feal is not neceffary for the keeping the faid courts, or
the enabling of citations, fufpenfions, excommunications, or other cen--
fures of the church; and that it is not neceffary that proceffes eccle-
fiaftical in the faid court, or corrections of ecclefiaftical offences, be in
the King's name, or with the ſtyle of the King, or under the King's.
feal, or that their feals of office have on them the King's arms; and
that the ftatute of 1 Ed. VI. cap. 2, which enacted the contrary, is not
now in force. We are alſo of opinion, that the bishops, archdeacons,
and other eccleſiaſtical perſons, may keep their vifitations as ufually
they have done, without commiffion under the great feal of England
fo to do." This certificate was by the King's directions enrolled in
the courts of Exchequer, King's-Bench, and Common-Pleas, and re-
giftered in the courts of High-commiffion and Star-chamber. More-
over, a proclamation was iffued to ſtop the mouths of all unquiet per-
fons, that they ſhould not for the future prefume to cenfure his ma-
jeſty's ecclefiaftical courts in their juft and warranted proceedings.--
Charles, who was fo tenacious of power, thus difclaiming a preroga
tive
}
HAR LE S I.
245
Star-chamber refufed to receive the croſs-bill againſt the Ann. 1637.
biſhops *. Mr. Burton got one Holt a lawyer to draw
and fign his anſwer. Finch told Holt, that he deferved
to have his gown pulled over his ears for drawing it †.
All the answer was expunged, excepting the plea of Not
Guilty. Burton refufing to be examined, unleſs his an-
fwer was admitted; the court ordered the matter of the
information to be taken againft him pro confeffo, rejected
the anſwers of his co-defendants becauſe they could not
get lawyers to fign them in proper time, and proceeded
to pafs fentence. The three priſoners were condemned The fentence
to loſe their ears in the palace-yard of Weftminſter to them.
be fined five thousand pounds a-piece to the King's ufe;
to perpetual impriſonment in three remote places of the
kingdom, namely, the caftles of Carnarvon, Cornwal,
and Lancaſter ‡. Finch added to Mr. Prynne's cenfure,
***
tive allowed him by the major part of his fubjects, is a very remarkable
inftance of the potent influence theſe prelates, by flattery and cant, had -
gained over his vain and fuperftitious mind. Rymer's Fœdera, vol. XX.
P: 144, 156, 168.
* It was committed to the judges to give their opinions, whether
the three complainants might not be tried in the King's-Bench for their
lives for fedition? But the judges refolved that they could not, becauſe
the bill was tendered in a legal way, and might not in point of law be
refufed; the King's courts of juftice being open indifferently to all his
´ſubjects to fue and be fued. Prynne againſt Prelates, p. 20.
+ Mr. St. John of Lincoln's-Inn, upon a fufpicion that he had an
hand in drawing Burton's anfwer, had his ftudy fearched, and all his
papers carried off. Strafford's Letters, vol. II. p. 85.
The prifoners attempted to ſpeak for themſelves, but were com-
manded filence. Prynne endeavoured to expoftulate on his cafe, that
it was not in his power to compel his counfel to fign his anfwer, when
they refufed. The following dialogue, which paffed in the Star-cham-
ber
paffed on
:
1
246
HISTORY OF ENGLAND.
६
Ann. 1637. that he fhould be branded in each cheek with S. L. for
a feditious libelker. To this the whole court agreed.
Laud made a long ſpeech to excufe himſelf and brother-
prelates from the charge of introducing innovations; af
ferted that the King was the perfon principally abuſed
by the adverſe party; he fhewed, that zeal without know-
ledge was a dangerous quality, himſelf breathing
with ardor an enthufiaftic attachment to all the trifling
ceremonies he had with fuch an indifcreet rigor exacted;
he railed with the utmoft gall and bitterneſs againſt the
unhappy priſoners, whilft he magnified his own religious
patience in bearing injuries; laſtly, he fell upon the book
fuppoſed to have been publiſhed by the bishop of Lin-
coln, and faid that the author had abufed both himſelf
and his readers; and ended his fpeech with giving the
court thanks for their cenfure on the three prifoners*.
ber, is another curious fpecimen of the behaviour of the officers of
law and ſtate in this reign: The first time that Finch fixed his eyes on
Prynne he ſaid, "I thought Mr. Prynne. had had no ears; but it ſeems
he has ears, and fomething elſe." Mr. Prynne ſaid, " My lords, there
is never a one of your honours but would be forry to have your ears as
mine are.”6 In good faith, faid the lord-keeper, he is fomewhat faucy."
"I hope your honours will not be offended, replied Mr. Prynne: Pray
God give you ears. to hear." On this trial the biſhops declared in open
court, that they held their jurifdiction from God only. State Trials, vol. I.
p. 461. Whitlock, p. 22.
*This fpeech of Laud's pleafed Charles fo much that he ordered it
to be printed and publifhed. The archbishop prefixed to it a flatter-
ing dedication to the King, in which he afferts, that blafphemy againſt
God, and flandering the footsteps of his anointed, were joined together:
"For he that blafphemes God will never ftick at the flander of his
prince; and he that gives himſelf the liberty to flander his prince will
quickly afcend the next higheft, and blafpheme God." He magnified
the royal clemency in bringing the offenders to a court of mercy as
well
€ HARLES I.
247
11.
·
THE cruel fentence paffed on Prynne, Burton, and Ann. 1637.
Baſtwick, was yet more cruelly executed: The hangman
performed his bloody office with an approved barbarity.
Burton's ears were taken off ſo cloſe, that a conſiderable
branch of the temporal artery was wounded, and the
blood ſtreamed down the fcaffold. Prynne's were hacked
barbarouſly; he loft a large piece of his cheek with the
remainder of his ears, and the executioner applied the
burning iron twice to the branding of one cheek. The
patient and even magnanimous behaviour of the fuffer-
ers heightened the pity and inclination of the people:
They crouded with impatience round the fcaffolds, and
every wound given by the executioner produced an uni-
verſal groan and lamentation. The three heroes of this
tragic fcéne harangued the populace in their turns:
Prynne, with fome fenfe and dignity, told them, that
rather than have his caufe a leading caufe to deprive
the fubjects of their liberty, he had expofed his perfon
to be a leading example to bear that ignominious pu-
niſhment; he proved to them the illégality of the fen-
tence paffed on himſelf and fellow-fufferers; that there
was no law in the realm that authoriſed fuch tyranny,
the ftatute of queen Mary limiting the puniſhment of a
libeller, even of the King or Queen, to a fine of one
hundred pounds, and one month's impriſonment, no
corporal puniſhment, unleſs the delinquent refufes to
•
well as juſtice; and infinuated, that the times demanded greater ſeverity
than had been hitherto exerciſed. Laud's Remains, vol. II. p. 63, & feq..
State Trials.
In the courſe of his defence he was guilty of an abfurd overfight, in:
alleging that the King had no enemy, when at the fame time the ſhip,
writs fignified that the kingdom was in imminent danger.
!
pay
248
HISTORY OF ENGLAND,
4
Ann. 1637.
:
•
pay the fine; in the ftatute of Elizabeth, the penalty was
heightened to a fine of two hundred pounds, and three
months impriſonment, but no cenfure to be paffed un-
lefs it was fully proved by two witneffes, who were to
produce a certificate of their good demeanor, for the
credit of the report, or elſe the crime to be confeffed by
the libeller *. In the courfe of Prynne's harangue he
told the people, that the offence which himſelf and fel-
lows had committed was the not allowing the calling of
biſhops to be jure divino; that might he be admitted fair
difpute, he would maintain this point againſt all the pre-
lates in the world. On this his audience gave a loud.
The popularity theſe three men
and general fhout †.
From what Mr. Prynne here advances it is plain, that heavy fines,
long impriſonment, and thoſe ignominious puniſhments of whipping
and the pillory, for writing libels, are contrary to ftatute-law. That
they are inconfiftent with Liberty is obvious; fince it is incongruous
to the privileges of a freeman to be ſubject to theſe flaviſh corrections,
for other than for crimes that debafe his nature as a man.
ftitution of this country has never been purged from the venom with
which it was infected by the erection of the Star-chamber: Its infamous.
doctrine and ſervile difcipline have in many inftances been adopted in the
courts of common law.
The con-
+ Laud, whilft he was fitting in the Star-chamber, being told of the
nature of Prynne's harangue, moved, that he might be gagged, and have
fome farther cenfure laid on him. This motion the court did not contra-
dict, but waved it by telling Laud, that it was beneath him to notice
what men fpake when they were in pain on the pillory. Prynne against
Prelates, p. 44, & feq.,
Of this Laud complains to his friend Wentworth in the following
ftrain: What fay you that Prynne and his fellows fhould be fuffered
to talk what they pleaſed while they ftood in the pillory, and win ac-
clamations from the people, and have notes taken of what they fpoke,
and thofe notes fpread in written copies about the city? And that when
they
C HAR LE S I.
249
L
}
}
had gained by their fufferings was fo formidable to Laud, Ann. 1637.
that he procured an order for removing them from the
deftined places of their confinement to Guernſey, Jerſey,
and Scilly *, with ſpecial directions that they ſhould be
conveyed privately, and no one to come near them dur-
ing their paffage, they were forbid to have any but ca-
nonical books; reftrained the uſe of pen, ink, and pa-
per, and all communication whatſoever. The wives of
Baftwick and Burton were not permitted to ſet their feet
on the iſlands where their hufbands were confined †.
they went out of town to their feveral impriſonments, there were thou.
fands fuffered to be on the way to take their leave, and God knows
what elſe? When any thing comes to be acted, be it but the execu-
tion of a ſentence in which lies the honour and ſafety of all juſtice, yet
there is little or nothing done; nor fhall I ever live to fee it otherwife."
Wentworth, whoſe malice and miſchief was at leaſt equal to Laud, re-
turned anfwer, that the eyes of the triumvirate were not fealed fo clofe
as they ought to have been.
This profligate tool of power fpit his venom on a character that had
defervedly gained the applauſe of every good and unprejudiced indivi-
dual in the kingdom; this was the patriot Hampden; of whom he writes
to Laud in the following fcurrilous train: In truth, I wish that Mr.
Hampden, and others to his likeneſs, were well whipt into their right
fenfes. If that the rod be fo ufed as that it ſmarts not, I am the more
forry" Strafford's Letters, vol. II. p. 99, & feq. p. 119, 158.
འང་
•
•
-
-
Prynne to the caftle of Mont-Orgueil in the iſle of Jerſey; Bur-
ton to Caſtle-Cornet in the road of Guernſey; and Baftwick to St.
Mary's Caftle in the ifle of Scilly. During this their rigorous confine-
ment, they had no allowance of diet from the crown, but were kept
by the charitable contributions of their friends. About this time,
Leighton was alſo removed to one of the remoteft prifons in the king-
dom. Echard, p. 461. Prynne against Prelates. Strafford's Letters,
vol. II. p. 85.
+ Laud's malice againſt thefe men carried him fuch an abſurd length,
that fome few individuals of the town of Chefter having vifited Prynne
VOL. II.
Kk
in
250
HISTORY OF ENGLAND.
Wharton,
and others.
Rushworth,
vol. II. p.463,
& feq.
Ann. 1637.
THE next victims to Laud's infatiable rage were John
Profecution
of Lilbourne, Lilbourne and John Wharton, accufed in the Star-cham-
ber for publiſhing forbidden books. Thefe men refuf-
ing to take an oath to anſwer interrogatories, and plead-
ing that no Engliſhman was bound by the law to accufe
himſelf, they were condemned to be whipped, pilloried,
and impriſoned. While execution was performed on
Lilbourne, he harangued the populace, and declaimed
againſt the tyranny of biſhops. The Star-chamber or-
dered him to be gagged, and added to his former pu
niſhment, the lying in irons, and confinement in that
part of the Fleet where the baſeft and meaneft fort of pri-
foners are uſed to be put.
3
in his way to Carnarvon, they were profecuted by the High-commif
fion; their houfes broke open and ranfacked by purfuivants; fined
large fums of money; and to make public acknowledgment of their
crimes in the cathedral-church and in the town-hall of Chefter. All.
the lecturers and preachers in the city were enjoined, in their lectures
and fermons, to make public expreffion of their hearty. deteftation of
the offences for which the three offenders were cenfured. This order
was fo well obeyed by fome, that the churches for many days refounded
with the moſt bitter invectives. This did not fatisfy Laud: He de-
fcended to fo mean an inftance of malice as to perfecute a painter in
Cheſter who had drawn feveral pictures of Prynne. All the faid pic-
tures were, by a warrant from the High-commiffion, ordered to be
ſpoiled and defaced, and the frames to be publicly burnt. Prynne's
fervant, whom Laud had detained a priſoner, having been in vain at-
tempted by promifes and threats, and conftantly refuſing to accufe his
maſter, was articled againſt in the High-commiffion court; and for his
refuſal to take an ex officio oath before fight of the articles, the articles
were taken againſt him pro confeffo.. He was fined one thouſand pounds
to the King, condemned to pay cofts of fuits (though there was no pro-
fecutor affigned), excommunicated, committed clofe prifoner to the
Counter, and afterwards fent down to Wefbeck-Caftle. Prynne against
Prelates, 4to. paffim.
NEITHER
CHARLES
251
CHAR LE SI
P. 266.
NEITHER Women, lunatics, nor fools, efcaped the fury Ann. 1637.
of the archbishop's revenge and bigotry. On fome dif
agreeable news coming to court, Archibald Armstrong,
the King's jefter, feeing the prelate pafs by, called out,
"Whaw's feule now:" For this offence the harmleſs buf-
foon, who by his office had the privilege of paffing jokes
with impunity, was ordered, by a fentence of the coun-
cil, to have his coat pulled over his head, and to be dif
miffed the King's fervice. The lady Davies, a woman Heylin,
difordered in her fenfes, for having prophefied Laud's Sanderfon,
death, was profecuted in the High-commiffion court. And P. 105.
the lady Purbeck, Sir Edward's Coke's daughter, on the
ſuſpicion of having an intrigue with Sir Robert How-
ard, and for fome words fpoken in refentment againſt
Laud, was condemned to do penance bare-foot, was
committed to the Gatehoufe, and for the ſpace of fe-
veral years perfecuted fo hotly by that prelate, that fhe
was obliged to conceal herſelf in different parts of the
dominions, and at length made her eſcape in men's cloaths,
and fled to France; where yet fhe did not find repoſe
from the malice of her enemies. Sir Robert Howard,
who had been once refcued by the parliament from an
arbitrary feizure, was now, without any regular proceed-
ing paffed against him, committed to prifon, and there
ordered to lie till he fhould produce the perfon of the
abfconded female. He was at length releaſed on his
giving a bond of one thouſand pounds that he would
never ſee the lady Purbeck again. The poor woman's
perfecution did not ceaſe here: An expreſs meſſenger with
a privy-feal was fent after her, to fummon her into Eng-
land, under pain of being farther proceeded againſt.
4
-
:
K k 2
ONE
252
HISTORY OF ENGLAND.
Ann. 1637. ONE Bowyer, who was half mad, for having fpread
Ruthworth,
Appendix, a report of Laud, that he was under cenfure for corre
vol.III. p.65. fpondency with the pope, was committed to clofe con-
finement to Bridewell during life; fined three thoufand
pounds; to be fet in the pillory at Weftminſter and
Cheapfide, with a paper on his head acknowledging his
offence; to be branded in the forehead with the letters
L and R, and to have his ears nailed to the pillory at
Reading.
Hume's Hift.
警
​C
SOME young gentlemen of Lincoln's-Inn having, on a
vol. I. p. 216. time that they were heated with wine, drank "Confufion
to the archbiſhop," the revengeful prelate cited them
before the Star-chamber.: They eſcaped, with difficulty,
the diſcipline of this court, by ſaying, that one of the
drawers, the only evidence againſt them, was miſtaken,
and that they had drank " Confufion to the archbishop's
enemies *":
Rushworth,
& feq.
AMONG the violations of the Petition of Right, there
vol. II. p.414, was at this time a complaint made, that Sir Robert Berk-
ley had refuſed bail or releafe upon their Habeas Cor
pus to Jennings, Pargiter, and Danvers, three men who
* Before I conclude this detail of the acts of violence and tyranny.
committed by Laud, and through his means, I must remark the cafe-
of one Foxly a divine, who had fhewed himſelf zealous in the buſineſs
of buying in impropriations. The houſe of this man was rifled by
virtue of a general warrant to fearch for Popish books and fufpected.
perfons; and himſelf, without any judicial proceeding againſt him, cloſe
impriſoned twenty months, to the great damage of his health, denied.
the uſe of pen, ink, and paper, and the company of his wife and friends..
Prynne's Trial of Laud, p. 387, & feq.
had
蔓
​GH AR LES I
253
:
had been committed by the King and council. Berkley Ann. 1637.
had denied writs of Habeas Corpus to feveral indivi-
duals who had demanded them; and when they had
been granted, he conftantly remanded the prifoners, tho'
they were by the law clearly bailable **
j
to leave their
try.
THE enormous, yet increafing height of monarchical Many refolve
tyranny which raged at this time in England, together native coun-
with the ſmall profpect of redreſs the times promiſed,
occafioned numbers of the natives to fell their eftates,
and to ſhip themfelves off for America, there to enjoy a
Liberty loft to the inhabitants of Great Britain †. But
thoſe avowed deftroyers of all the rights of humanity,
* The monopolies and other impofitions of this year were, The erect-
ing a company of maltfters and brewers, with a prohibition that none
but the inhabitants of the city of London, and the out-dwellers for
four miles extent, fhould, without a licence to be had of the faid com-
pany, make malt or brew beer.
A fpecial commiffion for licenfing the keeping of hackney-coaches
and horfes, granted to the marquis of Hamilton.
An office erected for the fealing of butter, with a power to the com-
miffioners to go and enter into fairs, markets, fhops, warehoufes, ports,
harbours, ſhips, veffels, and other places whatſoever, to fearch and dif-
cover butter put to fale unbranded, or branded with any counterfeit.
brand:
Another commiffion was erected for the marking of cafks, with the
fame power of entrance into fhops; warehoufes, houfes, and cellars,
Rymer's Fadera, vol. XX.
In the year 1635, the lord Say and Seal, and the lord Brook,' ſent
one Fenwick to prepare a retreat for them and their friends on the
continent of America. In confequence of this commiffion, a ſmall
town was built, and called by their joint names, Saybrook. Walpole's:
Catalogue of Royal and Noble Authors, ed. 1759, vol. I. p. 206.
:
1
the
254
HISTORY OF ENGLAN D.
Ann. 1637. the bofom-friends and minifters of Charles, unwilling
that their fellow-citizens fhould any where poffefs the
bleffings of Freedom, prevailed with their mafter to iffue
out a proclamation, debarring the adventurers accefs to
thoſe uncultivated fhores, Eight fhips lying in the
Thames, and ready to fail, were ftayed by an order of
the council *. Embarked in theſe were Sir Arthur Ha-
zelrig, John Hampden, and Oliver Cromwell, three men
of fpirit, who refolved for ever to abandon a country
where the laws had loft their power to protect, and fly
to the other extremity of the globe, there to endure a
painful folitude in wild defarts, rather than ſubmit to a
government that degraded their fpecies beneath the con-
dition of beaſts †!
?
*
A warrant was likewife given to the lord-admiral torremand back
thoſe miniſters who had already left England without the approbation
of the archbiſhop of Canterbury, or bifhop of London.
+ Laud expreffes to Wentworth his furprize at this inclination, on
the latter's having complained that he wanted men to compleat the
plantations of Ormond and Clare: I am forry that you want men to
"I
fill that marvellous great work for the honour and profit of the King,
and ſecurity of the nation. This is the more confiderable a great deal,
that
you fhould want men in Ireland, and that the while there fhould
be here fuch an univerfal running into New-England. But thus it is,
when men think nothing is their advantage but to run from govern-
ment." "Strafford's Letters, vol. II. p. 169.
CHAP.
CHARLES
255
I.
CHA P. V.
•
State of religion in Scotland. Commotions in that kingdom.
The King and the Scots prepare for war. Conduct of the de-
puty of Ireland.. Arbitrary oaths impofed there and in Eng-
land.The King's forces retreat before the Scots.--Paci-
fication. Naval engagement in the Downs. Diffimula-
tion of Charles Scotch tranfactions.. Preparations for an-
other war. Parliament in Ireland. --Parliament in Eng-
land. Diffolution Acts of power. Convocation.
Impofitions. Retreat of the English forces Council of
peers. Treaty of Rippon
4
THE
HE grievances under which England laboured were Ann. 1637.
fo oppreffive, that the nation may juftly be re-
proached for its feeming infenfibility. Life, freedom of
perſon, and poffeffion of property, were held by a pre-
carious tenure. The laws, difarmed of their wonted
power to protect, lay proftrate at the foot of the throne,
to be trampled upon with impunity: Nor was the condi-
tion of any individual in the kingdom great enough to
fecure him from the laſh of royal and ecclefiaftical pre-
rogative. Notwithſtanding a fervitude thus miſerable and
ignominious, the patriot party found it impoffible to
roufe the heavy multitude to action, or engage them to
refift the growing evil. The patient herd yet waited their
redreſs from parliament, though there was not at this
time a profpect that the King would ever be reduced to
the neceffity of calling one. Not the moft diftant hopes;
of relief fubfifted, when a fmall cloud began to rife in
the North, increafing its ominous appearance, till it pro-
duced
1
256
"HISTORY OF ENGLAND.
1
Ann, 1637. duced a ftorm which ſpread itſelf all over the Britiſh de-
: minions, and at length defcended with memorable exe-
cution on that complicated fabric of imperious power
which had many years domineered in this country.
State of reli-
*
THE Scots had a long time murmured at the innova-
tions made by Charles and his father in their ecclefiafti-
cal and civil liberties: Thefe murmurs, by repeated pro-
vocations, arofe to a mutiny, and that mutiny to an
avowed affociation to defend the conftitution of their
country againſt the dangerous invafion of the crown. To
fhew the nature of thofe injuries which urged this brave
and fpirited people to arm in defence of their violated
rights, and thus to lead the way to Freedom and to Glory,
it will be neceffary to take the fubject up higher than the
prefent period, and fhew the illicit fteps of power that
were taken in the preceding reign.
/
*
{
THE government of the reformed church of Scot-
gion in Scotland was, by the ftate of that kingdom, fettled on the
plan of the churches of Switzerland; and the preſerva-
tion of its diſcipline was committed to the care of pref-
byteries, provincial and national fynods. Nor did the
prelates obtain other favour, than leave to enjoy their
revenues, on the condition that they fhould embrace
Spotswood, the reformation, and maintain minifters. Queen Mary,
affifted with the Popish party in the kingdom, found
means to prevent the parliament from paffing an act
whereby epifcopacy ſhould be exprefly aboliſhed. Never-
thelefs, the national fynod, or general affembly, to whom
from their firft inftitution was entrusted a great autho-
rity, folemnly approved of the Geneva difcipline, and pa-
P. 175.
rity
!
i
CHAR LE SI
257
1
Nalfon, vol.I.
vity among minifters. In 1587, after many ftruggles Ann. 1637.
of the court to re-eſtabliſh epifcopacy, and after fome
acts of parliament had been obtained in favour of bi-
fhops, the parliament annexed to the crown all the lord- Id. p. 365.
ſhips and baronies appertaining to archbiſhops, biſhops, p. 162, & feq.
abbots, &c. In 1592, all the acts in favour of prelacy
were repealed, and the jurifdiction of biſhops aboliſhed.
This act was confirmed in 1593; and in 1594 the au-
thority of prefbyteries was folemnly acknowledged. King
James, who was continually entering into projects to en-
large his power, found that epifcopacy was a neceffary
eftate in parliament, and carried an act in 1597, which
granted the privilege of a voice to the whole church, and,
under that name, to biſhops and abbots, even as in times
of popery; but this was to be no prejudice to the eſtab-
difhed diſcipline and juriſdiction of the church.
-A
P. 458, & feq.
To filence the oppofition which this occafioned, James Spotfwood,
called a general aſſembly, held in Montroſs in the year Rapin, vol.X.
1600, and prefiding himſelf, he preffed fo earneftly the P. 319, & feq.
confirming the act which the parliament of 1597 had
granted in favour of bishops, that the affembly, rather
than fuffer the inconveniency of a rupture with a prince
who was every day growing more powerful, complied
with his requeft, under the following conditions: "That
the bishops fhould obtain a commiffion from the gene-
ral affembly, to whom they fhould be accountable for
the diſcharge of their office; that they fhould move no-
thing without an exprefs order from the church, nor
be filent when its liberties were in queftion; that they
fhould fubmit their conduct to the cenfure of the na-
tional fynod, without appeal; that they fhould not en-
VOL. II.
deavour
L1
•
258
HISTORY OF ENGLAND
2
Ann. 1637. deavour to enlarge their benefices, to the burden of mi--
nifters, nor fuffer them to go to decay, nor difpofe of
any thing belonging to them, without the confent of the
King and general affembly; that they should exerciſe the
functions of paſtors in their own congregations, be fub-
ject to the cenfure of their own prefbyteries, the provin
cial and general affembly, like the reſt of the minifters
that were not commiffioned; that they fhould ufurp no
power or jurifdiction beyond others; and that they should
not be members of the general affembly, unleſs they were
exprefly deputed by their prefbyteries."
WHEN James acceded to the throne of England, hẹ
acquired fuch an additional influence over the Scotch
parliaments, by the emoluments he was enabled to be-
flow on the individuals of that nation, that in 1606 the
act of annexation was annulled; and in 1609 the autho-
rity, privileges, and jurifdiction, of prelacy was restored,
and the bishops took poffeffion of the government of
the church, notwithſtanding the conditions of the Mon--
trofs affembly, none of which had ever been performed
by them.
The general affembly protefted against the
act, and affirmed the parliament had no power, with--
out their confent, to restore a fpiritual office which had
been aboliſhed. This having a great effect upon the
people, James called a generalaffembly, to be held at
Glaſgow; and by the help of the biſhops, who had now-
a great influence in elections, he gained before-hand ar
majority of votes, and accordingly the corrupt affembly
gave its voice, that the bishops fhould refume their ſpi-
ritual function, and the government of the church. In
1 617, the parliament, which was now entirely at the devo
+
tions
}
CHARLES 1.
259
I
tion of the crown, ordained that bishops fhould be elected Ann. 1637,
by chapters, and confecrated by the accuſtomed rights.
*F
2
AFTER epifcopacy was thus fully reftored, James, who
had contracted an averfion for every thing that belonged to
Calviniſm, and entertained a vehement defire to introduce
into Scotland the doctrine, as well as the diſcipline of
the church of England, impofed upon that kingdom the
five articles which have been mentioned in the hiftory of
his reign. The bishops now bore an abfolute fway in
prefbyteries; and by making themfelves moderators, the
general affembly was compofed of deputies of their own
-election: This new innovation, therefore, was confirmed
by one held at Perth in the year 161,7*. James, who
now drove on at a furious rate, fet up in Scotland, by
his own authority, a High-commiffion, though the Scots
had never even complimented their King with being fu-
preme head of the church. If any oppofition yet re-
mained, it was conquered by the feverities which this
new court of judicature exercifed; and an affembly at
Aberdeen agreed, that it would be proper to draw up a
liturgy to be ufed in every church in Scotland.
THE pallion James had for rooting out Calvi-
nifm was at length diverted by an object which en-
gaged his whole attention, the matching his fon with a
daughter of Spain; and the church of Scotland, defaced
* To vender the church more at his devotion, James, when in pof-
feffion of the regal revenue of England, made an addition to the fti-
pends of the minifters; which, on their fhewing a reluctance to com-
ply with this innovation, was ſtopped for a whole year before this af
fembly was called. Spotfwood, p. 536.
L12
in
7
200
HISTORY OF ENGLAND..
Ann. 1637. in its form, and innovated in its difcipline and faith, was
fuffered for fome time to remain in repofe: It was left
to the more zealous and more inflexible fon to compleat
what the father had left unfiniſhed..
Clarendon,
CHARLES, when he had, as he thought, firmly eſtab
liſhed an uncontroled, unlimited power over Great Bri
tain, ſeriouſly entered into the project of bringing about
in the three kingdoms a perfect conformity to that
form of worſhip he deemed moft agreeable to abſolute
monarchy. We have feen that James, in his fcheme of
enlarging his authority, endeavoured to corrupt the de-
mocratical powers in church and ſtate, and render them
the means of their own deftruction: The more un-
daunted Charles kicked them out of the conftitution,
and as he had entirely difcarded parliaments in Eng
land, ſo he never ſuffered a national fynod, to meet in
Scotland.
I
"
IN the year 1 633, when he returned from that king,
dom, he left in charge with the bishops there to com-
vol. I. p. 83. pile a. liturgy and a book of canons: Theſe were to be
tranſmitted into England for Laud's approbation, who
called to his affiftance Juxon biſhop of London. and Wren
bishop of Norwich, this laft equalled the primate in bi-
gotry, and in fournefs of difpofition. Notwithſtanding
the ſeeming triumphant ſtate of the monarch, the men
of power and intereſt in Scotland did not fo readily yield
to his pretenfions as they had fubmitted to the encroach-
ments of his father. The fplendor of his eſtate, at his
acceffion to the triple crown of Great Britain and Ireland,
had, by its novelty and brilliancy, dazzled their eyes;
the
;
CHARLESNI..
263
*
*
-
*
the abjectnefs of the English nobility had infected them Ann, 1637-
with a like tinct of fervility; the prófuſion of favours
which the prodigal James had laviſhed on them ren-
dered them for fome time blind to the concerns of their
real intereſts; but many circumftances now concur-
red to take away that film of venality which had fo
long obfcured their judgment. Thoſe golden dreams of
continuing the fpecial favourite of a powerful monarch,
of being conftantly fed with the riches of England,
whilft they yet enjoyed their own conftitution, were now
vanifhed, and the difmal profpect fucceeded of their
country finking into a province to a flate governed by
tyrannic ſway. The weight of the yoke which they
had helped to fix on their own necks grew infupporta-
ble. The biſhops, who enjoyed the largeſt ſhare of the the Duke of
pious King's favours, exerted their new-acquired autho- Hamilton,
rity with a provoking imperiouſneſs: Not fatisfied with
the general High-commiffion, they produced warrants
from the King for fetting up fuch a jurifdiction in their
feveral dioceſes; this was put in practice by the biſhop
of Galloway. They exacted a new oath of intrants, in
which they were obliged to obey the articles of Perth *
and ſubmit to the defigned liturgy and canons. They
got one Learmonth, a minifter prefented abbot of Lin-
dores, and entered into a project, which was counte-
nanced by the King, to get the ftate of abbots, with the
revenue and power belonging to it, reftored into the
hands of churchmen. Not contented with fuch a pleni-
tude of fpiritual jurifdiction, they voraciously grafped
1
=
*At the paffing the articles of Perth, it had been exprefly condi--
tioned, that none ſhould be obliged to conform to them.
the
Memoirs of
p. 30, & feq. -
262
HISTORY OF ENGLAND.
*
*
Ann. 1637. the civil offices, which were dealt out to them with a
bountiful hand by their bigored mafter. Spotfwood,
archbishop of St. Andrew's, was created chancellor, nine
biſhops were privy-counfellors; they poffeffed places ´in
the Exchequer, and an attempt was made to revive the
-firſt inftitution of the college of juftice, half of which
were to be churchmen. Befides thefe grievances, which
were highly refented by the Scotch nobility, the manner
in which Charles had impofed on them the law of re-
fumption of the crown-lands; and the law which en-
larged his power in ecclefiaftical matters, and confirmed
religion in its preſent ftate, rendered them quite defperate.
They concluded very judiciouſly, that the phyfic muſt be
violent which reftored the conſtitution to its natural health
and beauty. Theſe fentiments were concealed with the
utmoſt caution; they waited with impatience the oppor-
tunity when Charles, by an act of apparent illegal power,
fhould convince the multitude that the times demanded
a determined oppofition.
:
?
*
$
THE nature of the canons and liturgy that were to be
impoſed on the nation was no fecret to them; and it is
faid that both fides eagerly expected their publication; the
biſhops to poffefs an addition to their power, and the no-
bility and diſcontented minifters the occafion that ſhould
provoke the already-enraged multitude to mutiny *
+
>
So wanton were Charles and Laud in the exercife of
their power, fo much did they defpife any fuppofed op-
1
* The extreme feverity with which the non-conformists had been
lately uſed in England, inflamed the averfion which the Scots had to
the government of bishops. Larrey, vol. I. p. 336.
pofition,
C H AR 263
R.
LE 8 I.
!
pofition, that the canons, which ordained a punctual Ana. 1637-
compliance with the liturgy, were published a whole
year before the people were fuppofed to know what that
liturgy was. The canons themſelves were of the moſt
offenfive kind, containing matters fo fuperftitious and ar-
bitrary, that they left no doubt in the minds of the
people what part it behoved them to act on the intro-
duction of the liturgy. They afferted, that the King's
power and prerogatives were in every thing equal to
thoſe of the Jewish kings, abfolute and unlimited. They
ordained, that no ecclefiaftic fhould become bound for
any man; that no affembly of the clergy fhould be:
called but by the King only, that ecclefiaftical perfons,.
dying without heirs of their body, ſhould leave a good
part of their eftate to the church, and tho' they ſhould
have children, yet to leave fome to the church; that the
clergy should have no private meetings for expounding
the fcriptures; that they fhould not pray extempore, but
be obliged to pray by the printed form preſcribed in the
Liturgy that whofoever fhould affirm that the form of
worſhip inferted in the Book of Common Prayer, and
Adminiſtration of the Sacraments, did contain any thing
repugnant to the fcriptures, or were corrupt, fuperfti-
tious, or unlawful, in the fervice and worſhip of God,
fhould be excommunicated, and not be reſtored but by
the bishop of the place, or archbiſhop of the province,
after his repentance and public revocation of that wicked
error; that no one fhould teach fchool without a licence
from the bishop of the diocefe; that neither excommu-
nication ſhould be pronounced, or abfolution given, but
by approbation of the bishop; that prefbyters fhould !
nor reveal what they received in confeffion, except their
•
J
lives
264
HISTORY OF ENGLAND.
I
Ann. 1637.
lives became forfeited by concealment, that no perfon
fhould be admitted in holy orders, or perform any eccle-
fiaftical function, without firft fubfcribing theſe canons.
·
"NOTWITHSTANDING the effect that this publication
muſt have on a people averfe to flavery, and who ab-
horred the moft diftant approach towards Popery, yet
fuch was the excellent order in which the multitude were
kept by thoſe who guided the popular counfels, that no-
thing like a mutinous fpirit appeared in the nation for
the whole year that theſe were promulged before the
reading of the liturgy. The general difquiet was vented
in fuch low murmurs, that the biſhops exulted in a fan-
cied fecurity that the royal commands would meet with
an obfequious obedience. The liturgy intended to be
impoſed on Scotland was copied from that of England,
except fome alterations which feemed to approach nearer
the doctrine of tranſubſtantiation *.
26
•
*One of the alterations was in the confecrating prayer. Sanctify
by thy word and ſpirit theſe creatures of bread and wine, that they
may be to us the body and blood of thy beloved fon." One of the
reafons which Charles, in a declaration, gave for thefe alterations, was,
that the Roman party might not upbraid us with any material differ-
ence in our liturgy. Mad. Motteville, a domeftic of Ann of Auſtria,
in her Memoirs of that Princefs's Life, fays, That Charles put the
ſervice-book into his Queen's hand, telling her, he would have her pe-
rufe it, that he might fee how near they came to the faith. Guthrie
the hiftorian obferves, that Laud had a view to farther refinements in
the English liturgy, in compiling a new one for Scotland, which had in
it, both in the doctrinal and exterior part, more of Popery than that
which was at this time obferved in England. May's Hiftory of the Par-
liament of England, fol. ed. 1647, p. 31, & feq. Fuller's Church Hift.
book XI. p. 160, & feq. Guthrie's General Hift. of England, vol. III.
P. 93.5.
:
ON
+
265
CHAR LE S I.
5
""
The biſhop
in that king-
On the fixteenth of July 1637, the minifters in Edin- Ann. 1637.
burgh intimated from their pulpits, that the next fab-
bath the new fervice-book would be read in all the
churches: This intelligence was received by their feve-
ral congregations with an apparent compofure; and, on
the appointed day, the bishop of Edinburgh came in
great ftate from Holyrood-houfe to affift at St. Gyles's,
the cathedral-church of the city. No fooner was the fa- Commotions
tal book opened, and the dean arrayed in his furplice dom.
began to read, than the multitude raiſed a frightful out-
cry, clapping their hands and exclaiming,
"A pope! a
pope! antichrift! ftone him! ftone him!'
then mounted the pulpit, and prepared to reprove the
people; but an old woman flinging a ftool at his head,
he quickly retreated from that place of eminence *. Spotf-
wood the chancellor commanded the provoft, and the
other magiftrates of the city, to fupprefs the diſorders:
They turned the moft clamorous of the multitude out of
the church, and the dean proceeded to read the liturgy.
He was not at all attended to by the remaining congre-
gation; and thoſe that were without broke the windows,
and continued to pelt the reverend paſtors with ſtones and
dirt: It was not without difficulty that the bishop got
home in a whole ſkin.
"
IN this firft onfet there appeared no actors but of the
lower fort of people †. Traquaire the treaſurer, who had
been the only layman confulted in thoſe matters, in his
* Bishop Guthry fays, that it was concerted among Alexander Hen-
derſon and other miniſters, that the women fhould begin the tumult.
Guth. Mem. p. 20, & feq.
† The populace were wittily compared to Balaam's afs, whofe mouth
the Lord had opened. Smollett's Complete Hift. vol. VII. p. 148.
VOL. II.
M m
dif-
266
HISTORY OF ENGLAND.
*
I
Ann. 1637. diſpatches to the court, laid great blame on the biſhops
for the violence and forwardnefs of their conduct, and
feemed to infinuate, that the King's commands might,
with a more circumfpect carriage in the prelates, be
eafily accompliſhed, without farther refiftance. At the
defire of the magiftrates of Edinburgh, the council in-
terdicted the reading the liturgy till the people ſhould
be more diſpoſed to receive it; and all things continued
in a ſtate of quietnefs for fome time: But on the feven-
teenth of October, when the harveft was over, people
from all parts of the country flocked to the metropolis
to petition against the fervice-book; and now the men of
rank and property avowed their difcontent. Mr. Alex-
ander Henderſon and Mr. James Bruce, two minifters
who had been charged to read the liturgy under pain
of horning, fupplicated the council for a fufpenfion of
their charge, pleading, that in matters of God's wor-
fhip they were not bound to a blind obedience; and
that the reformation of religion was, by the independent
conftitution of the church of Scotland, left to the care
of general affemblies. The council, to the great morti-
fication of the bishops, difmiffed the minifters without
any marks of diſpleaſure, and moreover promifed to re-
fer their petition to the King. In vain did the council
iffue out proclamations to difperfe the multitude: They
befet the council-houſe, and threatened to kill all within,
unless they engaged to join in oppofition to the fervice-
book, and to reftore to their pulpits three filenced mini-
fters, Ramfay, Rollock, and Henderfon..
•
*
THESE tumults were fucceeded by an orderly deputa-
tion of commiffioners to prefent two petitions to the
council
"A
267
**
CHARLES I
*
council against the fervice-book and book of canons; Ann. 1637.
one from the men, women, children, and fervants in
Edinburgh, and the other in the name of the noblemen,
gentry, minifters, and burgeffes. Charles was little in-
clined to give fatisfactory anfwers to the petitioners, the
moft forward of whom he was determined to puniſh ſe-
verely. He commanded the privy council to put out a
proclamation, avowing a deteftation of Popery and fu-
perftition, and that nothing fhould be allowed within
his dominions but what tended to the advancement of
true religion, as at prefent profeffed; nor was any thing
intended against the laudable laws of that kingdom.
This was little calculated to appeaſe the growing difcon-
tent, fince" religion at prefent profeffed contained the
hierarchy; and every body knew that the King under-
ftood that the laws of the kingdom gave him a power
to impofe on his fubjects what alteration in the forms
of religion he pleafed. The earl of Traquaire went to
London to lay the ſtate of affairs fully before the King,
and to endeavour to make him defift from his attempt.
IN
In every circumftance of this national difcontent, fymp-
toms had appeared which threatened a dangerous infur-
rection ; yet was the King inflexible; no arguments could
prevail on him to give his people affurances that they
ſhould not be preffed to conform to any farther innova-
tions in matters of religion. All that he could be
brought to was, to iffue a proclamation, in which he Ann. 1638.
pardoned all paft offences; but forbad them to affemble
again on pain of high-treafon; and that no perſon ſhould
prefume to approach Stirling, whither the council was
removed, without permiffion. He commanded all no-
blemen,
Mm 2
&
;
268
HISTORY OF ENGLAND.
Ann. 1638. blemen, gentlemen, and others, not belonging to the
council or court of juftice, to quit that town in fix hours,
otherwiſe they ſhould be declared traitors. The day af-
ter publiſhing this proclamation at Stirling, the earls of
Home and Lindſey read a proteftation, in the name of
the people, againſt it: This was afterwards repeated at
Lithgow and Edinburgh. From this crifis the oppofition.
carried a very formidable appearance. The mutineers
became fo enraged, that they talked of putting the chan-
cellor (Spotfwood) to death, a fate which had attended
Hamilton, one of his predeceffors in the archiepifcopal
fee of St. Andrew's. Spotſwood was fufpected of Pope-
ry *, and was detefted on the account of the officious
part he had acted in the proſecution of the earl of Bal
merino.
THE multitude were diverted from an attempt on his
life by their leaders; and an excellent order fucceeded,.
the party forming themſelves into four tables: One con-
fifted of nobility, another of gentry, a third of burgeffes,
and a fourth of minifters. The table of gentry was di-
vided into fubordinate ones, according to their ſeveral
counties. Each table confulted on matters to be propofed
to a general table, compofed of commiffioners chofen
from the other four. Orders were iffſued out from this,
which were every where obeyed with the utmoſt punctu-
ality. A folemn league and covenant was the firſt act
that this admirable fyftem produced: It was fworn to
with the utmoſt alacrity by the whole party; and con-
* He had been formerly profecuted for having been openly at maſs
in France. Oldmixon, p. 117.
fifted,
}
>
$
R
CH AR LE SI.
269
fifted, first, of a renunciation of Popery, formerly figned Ann. 1638.-
by James in his youth; to this was annexed a bond of
union, by which the fubfcribers obliged themſelves to
refift innovations in religion, and to defend each other
against all oppofition. Zeal was expreffed for the King's
perfon and government; but this was conditional, it be-
ing always joined with the maintenance of the true re-
figion of the church of Scotland. There could not, there-
fore, be a more politic machine invented to unite people
of every kind of difpofition; all ranks, all ages, and fexes,
flocked to fubfcribe; the King's minifters and counſellors
followed the example; and none but the confirmed tools-
of the court, or men infected with Popery, withdrew
themſelves from what was eſteemed fo falutary, and fo
pious a combination..
7
SCOTLAND now grew too hot for the prelates. The
hated biſhop of Galloway had been purfued with exe-
erations, and obliged to take fhelter in the council-room.
The archbishop of St. Andrew's had a very narrow eſcape
at Stirling. They fled in a body to London, from the
fury of the covenanters; and Charles, who looked upon
no fin to be equal to that of diſobedience to monarchs,
was furpriſed at the increaſe of power and influence-
which the party in oppoſition had gained. He began to
apprehend the confequences; and fent the marquis of
Hamilton as his commiffioner to treat with the cove-
nanters: The covenant was required to be renounced;
and he thought he made very confiderable conceffions,.
when he offered to fufpend the canons and liturgy till,
in a fair and legal way, they could be received; and fo
toy
1
}
↑
2.70
HISTORY OF ENGLAND.
Ann. 1638. to model the High-commiffion that it ſhould no longer
be a juft grievance.
:
IT is a question whether fuch general declarations
would ever have given content; but in the preſent cir-
cumſtances they were treated with the utmoft contempt.
Hamilton, in an anſwer to the King's demands, was told,
that they would fooner renounce their baptiſm than the
covenant; and he was invited by the minifters to fub-
ſcribe it: They had taken care that the commiffioner
fhould not be in a fituation to give himſelf airs of au-
thority, for his vaffals were forbid to attend him during
his ftay in Scotland; and having been invited to refide
at Holyrood-houſe, the chief covenanters met him with
fixty thouſand followers in their train *. He was told
by the earl of Lindſey, that the people infifted on hav-
ing the articles of Perth annulled, epifcopal authority
aboliſhed, and that if a free general affembly and par-
liament were not called by the King, they would call one
themſelves. In the mean time they had not been idle:
Two large fhips came loaden into their ports with arms
and ammunition; by a decree of the tables, the keys
of the city were taken from the magiftrates of Edin-
burgh; a guard of fifteen hundred men fet upon its
avenues, and another ftrong guard prevented the rein-
forcing the caſtle. When Hamilton talked over the ftate
of affairs with the council, he found that if he proceeded
to any meaſures that were difagreeable, he would not
* The covenanters fent Hamilton a prohibition againſt reading the
fervice-book in the King's chapel. Abort View of the Troubles of Eng-
land, by Sir William Dugdale, fol. ed. 1681, p. 47.
only
CHARLES I.
271
only be affronted in the exerciſe of his authority, but be Ann. 1638. ~
deſerted by the majority of the council: He endeavoured
to prevail on the eminent lawyers and judges of the ſef-
fion to declare the covenant unlawful; but they excufed
themſelves on pretence that they feared the refentment of
the people...
1
In this fituation he found himſelf obliged to fupprefs;,
in a declaration he had brought down with him, that
part which required the ſubjects to renounce the cove-
nant; as this declaration ftill ran on the general ex-
preffions of the King's averfion to Popery, and his ftea-
dinefs in the true religion, promifing nothing more than
what had been already tendered. It was met by a very
fenfible proteftation, which avowed, that they never doubt-
ed his majeſty's orthodoxy, and therefore defired to in-
form him how far the innovations, which the enemies of
their religion attempted to introduce, were full of Popiſh
errors; and farther complained, that his majeſty's pro-
clamation took no notice of their fupplications and juſt
grievances, but under the name of the great increaſe of
diforders, faults, and mifdemeanors.*.
T
+
* This declaration, which gave fo. little content to the covenanters,
was but a copy of Charles's countenance, till his military prepara-
tions, which he was at this time providing with great fecrecy, were
complete. He writes word to Hamilton, that he is content that he for-
bears infifting on the covenant's being given up till he hears that his
fleet is ready to fet fail for Scotland; that he gave him leave to flat-
ter the party with what hopes he pleaſed, provided that he did not con-
fent to the calling a parliament or general affembly till the covenant was
given up; that though the ruin of his people for fome time would be
a lofs to him, yet when he confidered that his crown and reputation
were at ſtake, he had rather fuffer the firft, which time would help,
than:
-
272
HISTORY OF ENGLAND.
庸
​Ann. 1638.
シ
​HAMILTON's next care was to get an act figned by
the council, approving the King's declaration, with an
opinion that the people ought to reft fatisfied with it.
This was obtained craftily, in the abfence of members
who had publicly avowed their difapprobation; but, the
next day, many of thoſe who had been prevailed with
to fign told him, that upon fecond thoughts they found
>they had wronged their confciences; therefore defired he
would call a new council, that they might retract what
had been too haftily determined. In vain were Hamil
ton's endeavours to divert this humour: He was told,
that another way would be found to make the retracta-
tion known; and was at length obliged, the act not
having been yet regiſtered, to tear it. According to the
King's direction, the party was gratified with the bring-
ing back the feffions to Edinburgh; and the commif-
fioner returned to court, leaving the covenanters in hopes
that he would be back again in three weeks or a month
with a favourable anfwer to their demands. He more-
over made them a kind of promife of fummoning, at
his return, a general affembly; but with the following
reftrictions: That no laicks fhould have voices in chuf-
ing the miniſters to be fent from the feveral preſbyteries
to the general affembly, nor any but the minifters of the
fame preſbyteries; that the affembly ſhould not go about
to determine of things eftabliſhed by act, or otherwife
than by remonftrance or petition to the parliament. The
tables rejected thefe conditions; and in the abſence of the
T%
than the laſt; and that he would fooner die than yield to their imperti-
· nent and damnable demands. Burnet's Memoirs of the Duke of Hamilton,
P. 55, & feq.
com
CHARLES I.
273
commiffionér refolved, that a general aſſembly ſhould be Ann. 1638.
held on the twenty-fecond of September.
HAMILTON repreſented to the King, in its full light,
the fituation of his affairs in Scotland, the ftrength and
firmnefs of the covenanters; he convinced him, that he
was deceived in the imagined forwardneſs of his mili-
tary preparations, and that it was neceffary to keep on
the maſk of condefcenfion till he had collected a fuffi-
cient force to give the law to his Northern fubjects. Ha-
milton's council was followed; he was again fent down
with farther conceffions: the diſcharge of the ſervice-
book, the book of canons, and the High-commiſſion.
Moreover, to break that perfect union which the cove-
nant had effected in Scotland, and to remove the ill opi-
nion the Scots had adopted concerning the religious
fentiments of their King, it was propofed, that the con-
feffion of faith eſtabliſhed at the Reformation ſhould be
renewed, with a general bond preſcribed by the King *.
This expreffed to the fovereign an abfolute duty, without
any conditions of good government, or the weal of the
church and ftate.
IT was not without reafon that the minifters from
the pulpits had warned the people to beware of truſting
to appearances, and falling into the fnare of the enemy;
they declaimed violently againſt the new covenant, which
*This was a very mean hypocrify in Charles, fince this confeffion of
faith which he figned was not only a violent renunciation of the mate-
rial part of Popery, but of the Arminian tenets, the confecration of
churches, and many other particulars which Laud had, by his approba-
tion, introduced into the church of England.
VOL. II.
Nn
after
27.4
HISTORY OF ENGLAN D.
Ann. 1638. after it had been figned by the council, with an order
for a general fubfcription, was followed by a proclama-
tion for fummoning a general affembly at Glafgow the
twenty-first of November, and a parliament at Edinburgh
the fifteenth of May the year following; the fervice-book
and canons having been previously difcharged. The co
venanters were fo far from avowing themselves fatisfied
with theſe feeming conceffions, that they erected as fcaf
fold under the crofs at Edinburgh, and mounting it with
their fwords in their hands, protefted against the new
covenant as a machine of ftate, invented to deſtroy the
efficacy of the old one, to entrap them into a ſelf-con-
demnation, as if their own fubfcription, not urged: by:
authority, was unlawful, and thus ftigmatife the like
laudable courfes in the like neceffity to be taken by po-.
fterity. They affirmed, that the fubfcription and oath
attempted to be impofed on them might confift with all
the corruptions which had lately crept into the church.
They cavilled at the nature of the King's proclamation,
which only diſpenſed with the practice of the articles of
Perth, but yet declared an intention that thoſe acts of
the general affembly and parliament which ordained
them, fhould ftand. They objected likewife to the di-
rections concerning the oath to be given to miniſters
at their entry, it fuppofing that the office of bishops
* It was with great difficulty that Hamilton prevailed on the council
to fign the King's covenant. Memoirs of the D. of Hamilton, p. 180.
+ In the King's declaration, before the confeffion and bond which
was now required to be fubfcribed, it was afferted, that that which
had been previouſly taken muſt be null and void in itſelf, becauſe not
taken by royal leave and authority. Memoirs of the Duke of Hamilton,
P. 67, & feq.
was
?
CHARLES I.
275
$
was unquestionable; but above all, his majefty's declar- Ann. 1638.
ing that he would admit no innovation therein; his
fummoning all prelates to be prefent at the enfuing par-
liament and national fynod; his warning all archbi-
ſhops and bishops to be preſent, as having place and voice
in that affembly, contrary to the caveats, acts of the
church, and the declinator, which had been offered againſt
them. They complained that the King, by reftrictions,
additions, and ambiguous claufes, rendered of no effect
all his conceffions, referving to himſelf a liberty to main-
tain, at a more convenient feafon, all thofe novelties he
feemed to depart from.
•
BEFORE the innovations made in the laft reign, it had
been ufual for each prefbytery to fend to the aſſembly,
befides two or three minifters, one lay-commiffioner; the
boroughs and univerfities fent likewife commiffioners.
James, who dreaded ſuch an alloy to the corruption he
had found among ecclefiaftics, abolished this inftitution.
It was now revived by the covenanters; and as the fuc-
ceſs of their caufe depended on the integrity of the com-
*miffioners, by an edict of the Tables it was ordained,
that a lay-elder from each parifh fhould attend the pref-
bytery, and give his vote in the choice of commiffioners.
Every commiffioner was allotted four or five lay-affeffors,
who had leave to interpoſe with their advice on the mat-
*ters to be agitated in the affembly.
THE mal-contents having thus taken every neceffary
ftep to render the tranfactions of this meeting agreeable
to their views, on the appointed twenty-firft of Novem-
ber the affembly met at Glafgow; and as James, by his
corrupt
Nn 2
:
276
HISTORY OF ENGLAND.
Ann. 1638. Corrupt management, had taken care to get every thing
paffed which he defired, fo the Tables now turned the
tide upon the crown, and took certain means to get all
thoſe pernicious tranfactions annulled. Hamilton had
given Sir Thomas Hope the King's advocate, orders to
follow him to Glafgow, and prepare himſelf to defend
epifcopacy, and prove it to be according to the laws of
Scotland. This man, who though a fervant of the
crown, was honeft, and loved the liberties of his coun-
try, anſwered, That it was against his confcience fo to
do; that he judged epifcopacy to be contrary to the
word of God, and to the laws of the church and king
dom. The lord Lorn, whofe father, the earl of Argyll,.
a Roman-catholic, being lately dead, was now at full li-
berty to declare his principles, avowed the cauſe of the
mal-contents, and affifted in the bufinefs of the aſſembly.
Argyll's example was followed by that of the lord Are-
fkyn, eldeſt fon to the earl of Marr, and three more
of lefs note, who defired to be admitted to receive the
covenanta
*
*
*
.A
THE fate of the bishops was the firſt thing the affem-
bly decided: A charge was brought, accufing them of
perjury, in the not obferving the cautions of the Mon-
trofs-affembly, to which they had folemnly fworn; and
likewiſe of herefy, fimony, bribery, cheating, fornica
* He came to the affembly in quality of affeffor to the commiffioner..
Guthry's Memoirs, P. 40.
+ General complaints had been made of fimoniacal pactions with the
biſhops fervants; in which practice, as they had never been reftrained
by their maſters, the crime was imputed to them. As for the other
offences, it was alleged, that they had all been committed by fome one
or
+
CHARLES I.
27.7
A
tion, adultery, inceft, fwearing, drunkenneſs, gaming, Ann. 1638:-
and breach of the fabbath. The biſhops declined * the
authority of the affembly, and the commiffioner, who
had orders from the King merely to fuffer the affembly
to meet as a literal performance of his promife, pro-
teſted againſt it, as illegally conſtituted, and in the King's
name diffolved it †. This meaſure gave no diſturbance
to the matters in hand, the court continued to fit, and
to finiſh their bufinefs, firft entering a proteftation, in
which they proved, by the records of the general affemr-
•
or other of the body, and therefore it might juftly be put into a gene-
ral charge, in which it was impoffible to ſtate the particular crimes of
each individual. Though the offences in point of morality which were
charged againſt theſe biſhops are doubtless much aggravated, yet it is
acknowledged by all impartial hiftorians, that the lives of the prelates
were not fo pure as were, in theſe times, thofe of the generality of the
miniſters..
* In the biſhops declinator, they difclaimed the holding their call~··
ing, from commiffion by the act of the Montroſs affembly, but by his
majeſty's confent and approbation; that they acknowledged him only
Deo minorem, next unto God in all caufes, fupreme governor over all
perſons ſpiritual and temporal; that it was abfurd, and contrary to the
practice of all Chriftian churches, that archbiſhops and biſhops ſhould
be judged by prefbyters; that the act of parliament abrogating in ec-
clefiaftical caufes, did not infer the abrogation of that authority which
they received, not from the parliament, but from Chrift, who intruſted
to them the fpiritual overfight of the clergy under their charge, whereto
belongeth the preſidentſhip of all affemblies for matters fpiritual, al-
ways with due fubmiflion to the ſupreme governor. Nalfon, vol. I.
P. 109, & feq.
+ The King having appointed: fix privy counſellors to be affeffors
to his commiffioner, the affembly abfolutely refuſed to admit of their
fuffrages. At the fame time they declared, that if the King himſelf
was prefent, he fhould have but one voice, and that no negative one.
Echard, P. 469.-
blics,
278
HISTORY OF ENGLAN D.
Ann. 1638. blies, and in particular by the example of one held in
the year 1582, a right of fitting notwithstanding any
command to the contrary,
1
Baker's Chro.
P. 465.
*
THEY then proceeded to annul the acts of every af
fembly fince the year 1605; the fervice-book, the book
of canons, the book of ordination, the High-commiffion
court, and the articles of Perth, were condemned, epif-
copacy aboliſhed, and the bishops all depofed and excom-
municated, except four, who never having approved of
the conduct of their brethren, acknowledged the autho-
rity of the affembly, and fubmitted to return to the
rank and calling of ordinary prefbyters. The book of
canons had been pretended by the King to be no other
than an abftract of the acts of all the national fynods;
it was for this reaſon that the real acts were with
great
care collected by the covenanters, and produced in this
affembly. Before the fynod broke up, they ordained an-
nual meetings, and appointed one to meet at Edinburgh
the firft of July 1639.
66.
'
:
WHEN the lords of the council figned the King's co-
venant they made an act, declaring, that they ſubſcribed
the confeffion of faith according to the tenor and date
of that of the fecond of March 1580. This was not
agreeable to Charles's views, who intended by the word
preſent”. all thoſe novelties in religion which had been
introduced by himſelf and father. The covenanters not
having been able to prevent the confeffion of faith, with
the obligatory clauſe annexed to it by the King, from
being figned by many people, laid hold on the explana-
tion which had been made by the privy-council, and de-
clared
:
CHARLES I
279
clared the prefent covenant to be the fame with that Ann. 1638.
which had been allowed in the year 1580 by king James,
and that epifcopacy was by the former abjured. This
was protefted againſt by Hamilton in the King's name,
alleging," That all oaths must be taken according to
the intention of that authority which exacteth the oath;
and that it was never by his majefty intended, that epiſ-
copal government fhould be abjured, or any thing elſe
which was eſtabliſhed by acts of parliament or acts of
the church now in force, and which were ſo at the time
of the taking the oath." This was followed by a procla-
mation, forbidding, in very high terms, the ſubjects to
pay any obedience to the dictates of the Glaſgow-affem-
bly, and the prefbyteries, feffions of the kirk, and mi-
nifters, to prefume privately or publicly to authoriſe, ap-
prove, juſtify, or allow, the ſaid unlawful meeting.
IT has been alledged by many authors, that Charles's
conceffions were fuch as ought to have fatisfied the Scots,
though that is a point that cannot be granted by any
rule of good policy; yet certain it is, that the Scots
knew that thofe conceffions were not fincere; that he
only waited the opportunity to retract them; that he had:
been all the time fecretly making warlike preparations
to put himſelf in a condition to punifh the heads of the
covenanters, and to fecure himſelf from any oppofition
to his farther defigns on their country. The earl of Ar-
gyll was a man of good fenfe, and being well acquainted
with the King's real fentiments, knew that the future li-
berty of Scotland depended on the vigorous and deter-
mined conduct of the covenanters; that if the party
was divided, they muft from. henceforth take the law
from
1
2.8.0
HISTORY OF ENGLAND.
Ann. 1638. from Charles and his cabal. It was for this reaſon that
the fell entirely in with the mal-contents, and was the
foremoſt in all the fpirited meaſures that were taken
againſt the crown*.
** The buſy officious. Wentworth wrote Argyll feveral letters of ad-
vice concerning his conduct, with many abufive animadverfions on the
carriage of the Scots, and on thofe points of difcipline on which they
fo rigidly infifted: Thefe were anſwered by the earl with great temper
and prudence, giving Wentworth, at the fame time, a check for his
meddling with the conftitution of a church and ftate of which he was
not a member, and in which he had no concern. In the firft of
Wentworth's letters he tells Argyll, that "It is his intereft, as a no-
bleman, to be active in upholding the prerogatives and full dominion
of the crown."
ས་ས༈ ་
Nothing can be a 'ftronger picture of the man, nor of thofe mean
principles which actuated him, than this fentiment; his whole ambition
was now centered in being the fatellite of a tyrant: But the wiſer Ar-
gyll could not be affected by this weak argument; his jufter politics
concluded, that the greater the property and the privileges of a fubject
were, the more it behoved him to keep the power of the crown in its
due bounds; fince when the prerogative of an individual is unlimited,
nobles, like the meaneft-conditioned plebeian, are liable to be infulted
and trampled on, not only by the tyrant, but by his minions: The
deputy's behaviour in Ireland to many men of rank and property, was
a recent example of this kind. Wentworth is very high in his anſwer
to Argyll's rebuke: His majefty, writes he, hath by his royal pro-
clamation declared to the whole world his own moft.excellent judgment
of the fact. For my part, I fo deeply reverence. my mafter's approved
wiſdom, that I ſhould condemn it in myſelf as a high prefumption, to
difcourfe any farther a queftion refolved by royal fentence and autho-
rity. Thus we have been taught, and thus we practiſe; ſo as for the
time to come. I fhall perfectly. obey, as you are pleaſed to wiſh I fhould,
to wit, meddle little; yea in truth, not at all, with a point thus clear-
ed; fo as neither the difobedience, nor yet the thought of it, by the
grace of God, ſhall ever enter farther into my heart, but, quieted in
myſelf, intirely and attentively execute as his majeſty ſhall ordain for
me. Finally, my prayer and truft is, that God fhall of his grace give
3.
us
*
}
$
1
←
CHARLES I.
28 £
Both Charles
war.
P. 367.
THE tranfactions of the Glasgow-affembly cauſed both Ann. 1638.
fides to pull off the mask, and openly prepare to defend and the Scots
by arms their ſeveral pretenfions. The beginning of the prepare for
year 1639 was fpent in vigorous preparations againſt Ann. 1639.
the Scots. Charles fummoned all the Engliſh nobility
to meet him at York on the firft of April following.
In this he affected the ancient manner; but in this, as
in all other acts of adminiftration, he was very defective
in point of law: for the poffeffors of certain crown- Rapin,vol.X.
lands lying in Northern counties were the only people
• obliged to furnish troops for the Northern borders. This
was not the only unpopular method taken to ſupport the
deſtined war: the Papifts fhewed great zeal againſt the
Covenanters ; and the Queen, defirous of ingratiating her
party of Recufants yet more into her huſband's favour,
wrote circular letters to the whole body, requiring them
to contribute largely towards the King's neceffities.
chief agent was Sir Kenelm Digby, whofe father had
been executed for the Popish plot. A kind of emulation
appeared between the Papifts and the Engliſh clergy, who
had been ftimulated by Laud, to out-do each other in
contributions towards the war againſt the Scots *. This
circumftance helped to cool the zeal of the reft of the
Her
us a right underſtanding to pay thofe duties to thofe Gods on earth he
hath commanded; and were there no law, yet might his majeſty's own
perſonal piety perſuade us all thereunto." Theſe letters, with Argyll's
anfwers, were all fent by Wentworth to the King. Strafford's Letters,
vol. II. p. 210, 246, 290, 299.
The civilians alfo contributed their fhare. Laud had procured
fome privileges from the King in behalf of this body: That half of
the maſters in Chancery ſhould be always civil lawyers, and that they
fhould ferve as mafters of Requeſt.
VOL. II.
Oo
English
282
HISTORY OF ENGLAND.
1
Ann. 1639. Engliſh ſubjects, who called it "the bishops war," and
in ridicule tèrmed Charles" the archbishop of Canter
bury's knight."
7
>
ON the fame of thiefe proceedings in England, the
Scots feized on the caftles of Edinburgh and Dumbarton,
and on the arms and ammunition they found in the
King's magazines; they made levies, formed an army,
and appointed Alexander Lefslie their general, an expe-
rienced officer, who had ferved with great reputation un-
der the King of Sweden. The care of the coaft adjacent
to Ireland was committed to the earl of Argyll*; and
Aberdeen, the univerſity of which had declared for the
King, to the earl of Montrofs. They fortified Leith,
the fea-port of Edinburgh: As this was a place of great
confequence, the works were carried on with rapidity,
not only the inferior fort, and thoſe who affifted for pay,.
performed the drudgery of manual labour, but nobles,
gentry, women of all ranks, laid afide the effeminacy of
their manners, and, emulating Grecian virtue, intermin-
gled with the low herd, and carried on their fhoulders
the materials requifite for completing the fortifications.
* The earl of Antrim, a weak, bragging man, who had married
the duchefs-dowager of Buckingham, pretended a title to part of the
earl of Argyll's eſtate. Charles had the imprudence, before this no-
bleman had declared himſelf, to promife. Antrim affiſtance in a ſcheme
of invading Argyll's territories in Scotland. This ferved no other pur-
pofe than to give Argyll the alarm, and fürniſh him with a vindication,.
if he had wanted one, for the part he acted; fince Antrim, though a
grandfon of Tyrone, and one of the heads of the Popish party in Ire-
land, was, from the poverty of his circumſtances, and the weakneſs of
his abilities,, unable to fulfil any part of his engagements.. Strafford's:
Letters, vol. II. p. 325.
ľ
The
-
HAR LE
CH A
I.
28 3
The covenant was fworn to by almoſt all the Scots in fo- Ann. 1639.
reign parts, and the officers who had acquired reputation
in the German war repaired home to affift their country
in her preſent neceffity.
He
the deputy
THE moſt active agent againſt this brave and deter- Conduct of
mined people was the deputy of Ireland, a man who of Ireland.
had entirely devoted himſelf to the worſt deſigns of the
court, and had run lengths that no Engliſh fubject had
ever yet done without paying the forfeit of his life.
was, from thefe circumftances, as much perfonally en-
gaged in the quarrel as Charles himſelf. Not only the
maintaining that ftation in the government, to the pre-
carious enjoyment of which he had facrificed his ho-
nour, the liberties of his country, and the liberties of
his pofterity, but even the fecurity of his life, depended
on the power of his mafter. He was fo great a dupe to
his own vicious affections, and had fo little knowledge
of the difpofition of the Engliſh people towards the go-
vernment, and their real fentiments on the important
occafion of the intended war with Scotland, that he fan-
cied the jealouſy which had hitherto exifted between the
two nations, and which had flamed out violently on the
partiality James had fhewed to fome of his Scotch ſub-
jects, would have made the Engliſh, notwithflanding
the infults and provocations they had received from the
Stewart family, notwithſtanding the fubjected ſtate of
their once-free conftitution and the deprivation of all
their privileges and immunities, affift their King in
his pretenfions on Scotland; and for the fake of dif
treffing a people who had never done them any in-
jury, exalt their real enemies, fix the yoke on their own
:
002
necks,
284
HISTORY OF ENGLAND.
I
Ann. 1639.
Strafford's
Letters,
& feq.
necks, and become equal flaves with the people they
affiſted to conquer. Deceived by theſe idle notions, he
gave the King the moſt violent counfel, indeed fuch as
his circumſtances would not permit him to practice; viz.
the anſwering the demands of the covenanters with a true
vol. II. p.191, monarchical imperiouſneſs---attaching the perfons of the
preſbyters, and holding them in clofe impriſonment; but
above all, not to fubmit to any effential conceffions
"For fhould, argued he, theſe rude fpirits carry it thus
from the King's honour to their own churlish will, it
would have a moft fearful operation upon England;
therefore God Almighty guidé his majesty's counfels and
ftrengthen his courage, for if he maſter not them, and
this affair ſo much tending to the tranquility of his.
kingdoms, to the honour of Almighty God, I fhall be to
feek for any probable judgment what is next like to be--
fal us."
Id. p. 250.
Arbitrary
oaths impoſed
in Ireland
:
WHILST Wentworth thus advifed the King to main--
tain to the utmoſt his affumed 'prerogatives, he was not
wanting in his efforts to fecond theſe pretenfions with a
competent force. By the means of the ftanding army,
he had made himſelf abfolute mafter over Ireland, and
had drawn down a body of men towards the fea-coaft
oppofite to Scotland, which prevented a junction between
the covenanters in that country, and the Scotch Prefbyte
rians fettled in Ireland. By the terrors of the fame ar
arbitrary oath on that people; viz.
"That they would maintain the King's power and au
thority, never take arms againft it, nor proteft againft
any of the royal commands, but fubmit themfelves with
all due obedience; that they would not enter into any
and England. my, he impofed an
1d. p. 345.
Cove
t
1.
CHARLES I.
285
covenant, oath, or bond, without his majeſty's fovereign Ann. 1639i
and regal authority; and that they renounced and ab-
jured all covenants, oaths, and bonds whatſoever, con-
trary to what they had in that oath fworn, promiſed, and
profeffed."
THE King approved highly of this act of power, and
impoſed the fame oath on the Scots refiding in England:
He found them a more refractory body, for many fub-
mitted to impriſonment rather than comply with fo ille-
gal an injunction. Not only thoſe who did not conform
to the worſhip which had been newly eſtabliſhed in Ire-
land were impriſoned, but the churchwardens were per-
fecuted for not impeaching their fellow-parishioners *.
A well-appointed regiment of five hundred men was fent
from that country to garriſon the town of Carliſle.
had provided three hundred men for the relief of the caſtle
of Dumbarton, furniſhed the magazines with arms and
ammunition for eleven thouſand men, and by the vaſt in-
creaſe of the King's revenue was enabled to tranſmit thirty
thousand pounds in money, with large quantities of provi-
fions for victualling the frontier-towns.
He
Beſides this, a Id. p. 293.
thouſand troops were raiſed in Ireland, and tranſported over
to join the King's troops in the North. The lords-lieu-
tenants of the feveral counties received orders for levying
*Archibald Adair, a Scotchman, bifhop of Killala, for having re-
fuſed to prefer one Corbet, a Scotch parfon, who had written a libel
against his countrymen the covenanters, and for having dropped fome
fentiments in favour of that party, was by Wentworth's directions
brought by a purfuivant before the High-commiffion court at Dublin, 、
and fentenced to be fined, impriſoned, and deprived. He was fucceed-
ed by John Maxwell, one of the moſt hot-headed of the Scotch biſhops..
Carte's Life of Ormond, vol. I. p. 95, & feq..
foot;
;
:
HISTORY OF ENGLAN D.
286
1
•
Ann. 1639. foot; the trained bands were muftered; and the officers
who had gained experience in foreign fervice were or-
dered home. By thefe methods an army was raiſed,
conſiſting of fix thouſand horſe and twenty thouſand
foot, befides a fquadron of ſhips with five thouſand men
on board, under the command of the marquis of Ha-
milton, who was to land in the Frith of Edinburgh, and
endeavour to join the marquis of Huntley, a noted Pa-
piſt, and a great partizan of the royal cauſe, to whom,
with other noblemen, commiffions had been fent im-
powering them to raiſe men for the King; whilft the
fleet, under the command of the earl of Northumber
land, was to ftop the trade of the Scots, and make a
diverſion for guarding the coaft. The earl of Arundel,
a man thought to be very inveterate against the Scots,
and fufpected of Popery, was for theſe reaſons, notwith-
ftanding his total ignorance of military affairs, appointed
general of the army. The
The generalfhip of the horfe
was taken from the earl of Effex, to his great difcon-
tent, and, through the intereft of the Queen, given to
the earl of Holland. Effex was made lieutenant-general
of the army*. Notwithſtanding the neceffary prepara-
...
* Notwithſtanding the enormous fums of money which the King had
by various means extorted from his people, yet fuch was his diffipa-
tion, that he had at this time no provifion of money to fupport a war:
This appears by the following paffage in a letter of the earl of Nor-
thumberland's to the deputy of Ireland. "The martial preparations
here have made a great noiſe; but I affure your lordſhip, we are in as
ill a poſture to invade others as we were a twelvemonth fince. The
difcontents at home do rather increaſe than leffen. The King's coffers
were never emptier than they are at this time; and to us that have
the honour to be near about him, no way is yet known how he will
find means either to maintain or begin a war, without the help of his
people.”
CHARLES I
287
tions which had been made by the covenanters to de- Ann. 1639.
fend their Liberty, yet they ftill kept up appearances,
and fent a letter to the King with an account of the
tranfactions of the affembly, accompanying it with a pe-
tition written in very fubmiffive terms, nevertheleſs juſ
tifying their proceedings; the legality of which, they
faid, would appear in the enfuing parliament. At the
ſame time they complained, that their enemies, with an
intention to ruin them, had fpread reports that they de
figned to invade England.
THE King publiſhed two declarations, containing a
full narrative of the rife and progreſs of the tumults in
the North; but as they contained high encomiums of
the difcipline introduced into the church of England,
with fevere cenfures on the deformity of the Scotch wor
fhip, affertions againſt the covenanters, with a juftifica-
tion of the royal conduct, but without bringing any
proof that it was conformable to the laws of Scotland;
they could only convince thofe who, like Charles, were
bigoted to Laud's new model of church-difcipline, and
who believed, with their prince, that infallibility was at-
tached to fovereignty. At the end of the declaration *;
people. Northumberland, in a letter to his brother-in-law the earl of
Leiceſter, fays, that fuch was the poverty of the court, that no fervant
of the King's, of what condition foever, could get either wages or pen-
fion paid. Strafford's Letters, vol. II. p. 267. Sydney's State Papers,
vol. II. p. 636.
*One of the paragraphs in what is called the leffer declaration is fo
true a picture of Charles's fentiments concerning the facredness of his
office, that it is worth inferting. ' They have treacherously, faid he,
induced many of our people to fwear to a bond againſt us; which bond
and covenant, or rather confpiracy of theirs, could not be with God, be--
caufe
"
288
HISTORY OF ENGLAND.
Ann. 1639. the King endeavours to convince his English fubjects, that
the intentions of the covenanters are, under the fpecious
pretext of redreffing religious grievances, to invade Eng
land, and enrich themfelves with the fpoils of the inha-
bitants of South-Britain.
"
→
፡
..
THE Scots, on their fide, difperſed in England a great
number of papers, in which they fet forth their griev-
ances, and the King's intentions; difavowed having any
purpoſe to moleft the English; and intimated, that it
· concerned them, no leſs than themſelves, to withſtand
the arbitrary power that Charles was grafping at in Eng-
land as well as in Scotland. On the twenty-feventh of
March, the King fet out to join his troops at York, in
which place he revoked fundry monopolies, licences, and
commiffions, granted by his letters-patent *.
A
This was
บ
cauſe againſt us, the Lord's anointed over them. But it was and is a
bond and covenant pretended to be with God, that they may with the
better countenance do the works of the Devil, fuch as all treaſons and
rebellions are."
* This act, intended to conciliate the minds of the exafperated peo-
ple, was a very injudicious piece of politics, as it gave the public a
tafte of the advantages they received from the diftreffed fituation of
their King; and convinced them of the utility of keeping him in a
ſtate of dependence on their good-will, fince it was only on occafions
that he wanted the affiftance of his fubjects to maintain his power, that
he could be brought to do them juftice. The following are fome of -
the monopolies and commiffions that were called in, noted here be
cauſe they have not been yet mentioned in this hiftory. A commiffion
touching ſcriveners and brokers. A commiffion for compounding with
offenders touching tobacco. A commiffion for compounding with of
fenders for tranfporting of butter. A commiffion for compounding.
with offenders in the importing and ufing logwood. A commiffion to
compound with fheriffs, and fuch as have been fheriffs, for felling
their
CHAR LE S
ARLES I.
289
K
intended as a popular act, but it was followed by ano- Ann. 1639.
ther that was quite the reverfe; the impofing on all the
chief officers in the army, and the nobles affembled in
the camp, by way of teft, an oath profeffing loyalty
and obedience to the King, and diſclaiming and renounc
ing the having any intelligence, or holding any corre-
fpondence with the rebels. This oath was taken by all
the Scots and others in the King's train, excepting the
lord Say and the lord Brook, who had the ſpirit to refuſe
it, as an unconſtitutional exaction: On this refufal they
were confined to their houſes *,
for
their under-ſheriffs places. A commiffion for compounding for deſtruc-
tion of woods in iron-works. A commiffion for concealments and en-
croachments within twenty miles of London. A licence to tranſport
· ſheep-ſkins and lamb-ſkins. A commiffion to take men bound to dreſs
- no veniſon, pheaſants, or partridges, in inns, alehoufes, &c. A com-
miffion touching the ufe of wine-cafks. A commiffion for licenfing of
brewers. A licence for the fole tranſporting of lamperns. A grant
weighing hay and ſtraw in London and Weſtminſter, and three miles
compaſs. An office of regiſter to the commiffion for bankrupts in di-
vers counties of the realm. An office or grant for gauging of red-
herrings. An office or grant for fealing bone-lace. A grant of privi-
lege touching kelp and fea-weed. An office or grant of factory for
Scottiſh merchants. An office or grant for the fearching and fealing
of foreign hops. An office or grant for the fealing of buttons.
grants of fines, penalties, and forfeitures, before judgment granted,
mentioned to be granted, by letters-patent, privy-feals, fignets, fign-
manual, or otherwife. The feveral grants of incorporation made unto
hatband-makers, luteftring-makers, fpectacle-makers, comb-makers, to-
bacco-pipe-makers, butchers, and hörners. Rushworth, vol. III. p. 915,
£ feq.
All
*The examples of the lord Say and the lord Brook occafioned other
lords, who had taken the oath, to make a proteftation of what ſenſe they
took it in. This proteftation was fo offenfive to the court, that the oath
was not offered afterwards. Strafford's Letters, vol II. p. 351.
VOL. II.
}
P P
THE
290
.
HISTORY OF ENGLAND*
Ann. 1639.
THE Scots fent addreffes to the King at York, in which
they defired to be admitted to his prefence, and lay their
grievances at his feet. They obeyed a proclamation
publiſhed in Scotland to forbid them to approach within
ten miles of the borders of England; and by this judi
cious behaviour, congruous to their profeffions, they
convinced the Engliſh that the quarrel was entirely the
King's, and that they were called out, not to defend
their own property, as the courtiers endeavoured to make
them believe, but to affift a wicked adminiftration in the
moft unjuſtifiable defigns, againſt a people to whom
they were in a manner united by the parity of circum-
ftances, and fimilarity of grievances. If Charles had
already claimed a fuperiority over the laws of Eng
land, how fatally might he make thofe pretenfions good
when he had reduced Scotland to a conquered province,
when he could pour forth armies of diſciplined flaves to
feed on the paftures of thoſe who ſhould venture to op;
poſe him in the reſt of his dominions? It was in this
view, and in theſe circumstances only, that the Scots
were to be dreaded by their Southern neighbours. On
the contrary, whilft they maintained a free and indepen-
dent fpirit, their generous example and affiftance might
encourage England to purfue the glorious track, and re-
cover, by the way of arms, her loft Laws and Liberties.
Thus argued the chief officers in the Engliſh army.
CHARLES, who was fanguine in all things that con
cerned his authority, imagined that the Scots obeyed
him through fear, and detached the earl of Holland,
with three thouſand foot and a thouſand horſe, to march
into Scotland by the way of Kelfo; the earl of Effex had·
C
been
CHARLES
291
I.
•
+
Lefley Ano. 1639.
forces retreat
Scots.
been fent before to take poffeffion of Berwick.
advanced, at the head of four or five thousand men, to
meet Holland: Favoured by his fituation, he drew up
his forces in a manner that made them appear double
their real number, and Holland received intelligence that
there were yet twenty-four thouſand behind. On this
he diſpatched orders to ſtop the march of his foot; and
returning back, ſpread through the whole camp the
alarm of the enemies great force. On the retreat of The King's
Holland, the Scots, inftead of advancing, modeftly drew before the
back, and fent letters to each of the Engliſh generals,
affuring them, that they had not the leaſt thoughts of
entering into a war againſt England, their only intent
being to defend their Rights and Liberties till they might
have acceſs to his majeſty to expoſe their complaints to
him. Soon after this, the Scots fent the earl of Dum-
fermling with a petition to the King, entreating him to
appoint commiffioners to negociate a peace. This was
feconded by the voluntary advice of almoſt all the no-
bility which furrounded the camp; and Charles was in
a manner obliged, contrary to thoſe ſchemes of conqueft
he had projected, to enter into treaty with the Scots, and
countermand the orders he had fent to Hamilton to do
what miſchief he could to the rebels*: Hamilton has
been much condemned by the violent royalifts and pre-
latifts for the moderate part he acted in the execution
•
*He wrote to Hamilton, that he must now keep upon the defen-
five, for he was clearly and fully fatisfied in his own judgment that
what paffed in the gallery betwixt them had been too much verified
on this occafion; viz. That the nobility and gentry of England would
never incline to invade Scotland, and thereby begin an offenfive war.
Nalfon, vol. I. p. 231.
Pp 2
of
292
ENGLAN D..
HISTORY OF
1
Ann. 1639. of his orders againſt the Scots.
}
1
ས
This nobleman, though
Charles's minion, and fattened with the oppreffions of
the people *, had not yet arrived to the profligate felfiſh-
nefs of a Wentworth. He could not look without hor-
ror on the profpect of his country conquered by Charles,
and taking the law from a triumvirate †, with whofe
arbitrary principles he was thoroughly acquainted. Full
of theſe apprehenfions, he was far from being in a
hurry to perform the violent commands of his mafter,.
and always repreſented the ftate of the covenanters in a
very formidable light, but particularly when fent down
with a force that, many authors are of opinion, might
have brought the mal-contents to any terms of ſubmiſ
fion; it was from theſe repreſentations that he received
commands not to act on the offenfive, but to amufe the
covenanters with the profpect of a treaty, till Scotland
ſhould be invaded by the King's army ; and it was at
the time that Holland had received orders to attack the
Scots, that he was commanded to commence hoftilities...
He obeyed fo punctually the King's directions to keep.
on the defenſive, that the commiffion of lieutenancy he
fent to the zealous Huntley was fo full of thefe cautions,
%/5
Many of the oppreffive commiffions, monopolies, and licences,.
had been granted to him.
+ The King, Laud, and Wentworth.
After Hamilton had entered the Frith, he received a proclamation
from Charles, offering pardon to the rebels who ſhould lay down their
arms, with orders to perfecute all with fire and fword who ſhould re-
fufe. By Hamilton's reprefentations, thefe orders were countermand-
ed, and directions given to keep on the defenfive till the King fhould.
invade Scotland with his army. Memoirs of the Duke of Hamilton,.
P. 123.
that
CHARLES I.
293
that Huntley parleyed with the enemy, and was fent pri- Ann. 1639.:
foner to the caſtle of Edinburgh for refufing to fign the
covenant.
BESIDES the compunctions which a man of any de--
gree of virtue muſt have in Hamilton's affecting circum--
ſtances, an interefting occafion excited his humane feel-
ings. The covenanters, after the example of the Ro-
mans in the fame exigencies, fent Hamilton's mother to
try her influence over her fon: She was a pious woman,
and a warm covenanter, and no doubt made uſe of thoſe
ftrong arguments the fubject would admit, to make him
forbear from any hoftile attempts on his country. What-
ever might be his refolutions on entering the Frith, like
Coriolanus he could not refift the united folicitations of
two parents, nor break through that double tie of filial-
duty with which he was bound both to his country and
the fair negotiator. In this fituation of mind he receiv-
ed, no doubt with infinite pleaſure, Charles's orders to
repair to Berwick, and affift with his advice in the in-
tended treaty. He obeyed this command with ſuch ala-
erity, that the earl of Airly, and Aboyne, Huntley's fon,
who had taken up arms in the North, were facrificed by:
his abrupt departure...
THE King infifted, before the negotiation was en-
tered on, that the proclamation, which the covenanters
would not ſuffer to be read at Edinburgh, fhould be
publiſhed at the head of the Scotch army: On this punc-
tilio being complied with, commiffioners were named
for the treaty. On the King's fide were the earls of
Arundel, Effex, Holland, Saliſbury, Berkshire, and fecre-
•
4.
tary.
、་
7
i
294
HISTORY OF ENGLAND.
*
Ann. 1639. tary Cook; on that of the Scots, the earls of Rothes,
Dumfermling, and Lowdon, Sir William Douglas the
fheriff of Teviotfdale, and two minifters, Johnſon and
Henderfon. When the commiffioners had met in the
earl of Arundel's tent, and were on the point of enter-
ing on the treaty, they were furpriſed with the fudden
appearance of the King, who addreffing himſelf to the
Scotch deputies, told them, that underſtanding they gave
out they could not be heard, he was come to hear them
in perſon. This proceeding fhocked the commiffioners ;
they concluded that the treaty was never intended by the
King to be a fair one, fince himſelf, the fovereign of
both people, and a principal party concerned, over-awed
by his prefence free debate. The earl of Rothes evaded
entering into particulars, and faid in general, that all
they defired wrs to be fecured in their religion and li-
berties. The earl of Lowdon, younger than Rothes, and
full of ardor, was entering into an harangue; but he
was interrupted by Charles in the following high ſtrain:
Sir, I will not admit of any of your excufes for your
by-paſt actions; but if you come to fue for grace, ſet
down your defires particularly in writing, and you ſhall
receive your anfwer." On this, the Scotch deputies fet
down the following demands, with conftitutional reafons
and grounds for them: "That the acts of the late af
fembly at Glaſgow fhould be ratified in the enfuing par-
liament; that all matters ecclefiaftical fhould be deter-
mined by the affemblies of the kirk, and matters civil
by parliament; that his majeſty's fhips, and forces by
land, be recalled; that all perfons, fhips, and goods, ar-
refted, be reftored; and that all excommunicated perfons,
incendiaries, and informers againſt the kingdom, who
(
ל
had
CHARLES I
295
1
had caufed thefe commotions for their own private ends, Ann. 1639.
might be given up, to fuffer their deſerved cenfure and
puniſhment."
THE King was now in the utmoft perplexity: He had
gone too far to retreat without giving great diſtaſte to
the Engliſh, who feemed extremely defirous that the Scots
fhould be fatisfied in all their reaſonable demands. The
demands they had made he did not chuſe to grant, yet
he could not deny but they were confonant to the prin-
ciples of their conftitution. After he had publiſhed the
horrible rebellion of the Scots, after having levied a
powerful army and fitted out a fleet to defend England
againſt their attack, theſe reputed rebels, theſe barbarous
robbers and invaders, in a pacific manner fling them-
felves at his feet, and implore leave to enjoy their civil
and religious rights, and that thofe incendiaries who
had endeavoured to fet two neighbour-kingdoms, united
under one fovereign, at variance, might be tried by the
laws of their country, and receive the puniſhment they
deferved. The reaſonableneſs of theſe defires could not
be difputed; were they peremptorily refufed, it would
fully convince the public how grofly they had been
abuſed by Charles's repreſentation, and that the Scots had
more reaſon for their oppofition than he chofe to allow.
Hampered with thefe difficulties, he concluded a fudden
pacification, without other than general ftipulations :
* In the courſe of the negotiation, the Scots told the King, that
if he would give them leave to enjoy their religion and their laws,
they would, at their own expence, tranfport their army to affift in the
recovery of the Palatinate-a memorable circumftance, unnoticed by
hiftorians. Sydney's State Papers, vol. II. p. 602.
That
Pacification,
}
296
$
HISTORY OF ENGLAND.
*
Ann. 1639. That the King ſhould withdraw his fleet and army; thre
Scots difmifs their forces; the King's forts be reftored to
him; that there fhould be no meetings among his fub-
jects but fuch as were warranted by act of parliament;
and that a general affembly and parliament fhould be im-
mediately fummoned to compofe all differences.
·
་་ ་
·
THE King's anſwers to the demands of the Scots were
fo ambiguous and equivocal, that it appeared plainly
both fides eagerly embraced an opportunity to get out of
their preſent fituation, and avoid coming to extremities.
It is not to be fuppofed that the Scots would have been
content with general ftipulations, had they not found the
King, contrary to their expectation, accompanied with
an army of twenty-two thouſand men. They had ima-
gined that the general diſcontent of the Engliſh nation
would have rendered it impoffible for him to bring any
confiderable force againſt them: To their great aftoniſh-
ment they found themſelves deceived; and moreover,
their trade was entirely ftopped by the King's fleet.
thefe circumftances the Scotch deputies thought it expe-
dient to accept of terms, expreffed in a manner that
would bear a very favourable interpretation for them,
when a proper opportunity offered to diſcuſs the point.
The King, though his army was infinitely fuperior to
that of the Scots, was not without fufpicions that they
might have a purpoſe to betray him; if not, it was a
very doubtful point whether they would venture their
1
In
*It was generally believed in England, that the nobility would have
refuſed to attend the King in his expedition againſt the Scots. Sydney's
State Papers, vol. II. p. 591.
lives
CHARLES
297
I.
!
lives in his quarrel; and the lofs of a battle might be Ann. 1639.
the lofs of his three kingdoms. He therefore did not
་
heſitate to promiſe, that the Scots fhould enjoy their re-
ligion and liberties according to the ancient laws of that
kingdom, determining to conftrue thefe terms in a fenfe
that ſhould do no injury to his pretenfions.
A
Y
WHEN the deputies returned to their camp, their
`principals were much diſappointed to find that in the ſti-
pulations no mention was made of the abolition of epif-
copacy, nor acknowledgment of the Glafgow-affembly.
On this difcontent, the deputies drew up a paper con-
taining certain qualifications, which they afferted ought
to have the force of pofitive ftipulations. Whether theſe
were inferences drawn from Charles's ambiguous expref-
fions, or whether they were pofitively mentioned in the
courſe of the treaty, is uncertain; fince Clarendon, a co- Clarendon.
vol. I. p. 98,
*
temporary hiftorian, a profeffed panegyrift of Charles, and & feq.
a violent enemy of the Scots, obferves, that what paffed
in the treaty before figning the articles was verbal, very
little material being committed to writing, and that no two
'who had been prefent agreed in the fame relation of what
was faid and done. The fame author farther acknow-
ledges, that though every body difavowed the contents of
the paper the Scots publifhed, yet nobody would under-
take to publiſh a copy in contradiction to it.
THE Scots, on the encouragement they had met
with in their intercourſe with the Engliſh noblemen,
entered a public proteftation, that they did not intend
to vacate any of the proceedings of the late general
VOL. II.
affem-
Q I
298
HISTORY OF ENGLAND.
→
P. 277.
›
An 1639. affembly at Glaſgow, by which prelacy was aboliſh
ed, and the bishops excommunicated; and declared,
that the acts of the approaching feffion of the college
of juſtice ſhould be null, becauſe it was appointed with-
out a legal notice, to their great prejudice. Charles's
pride was hurt by not having been able to chaftife
the Scots, or to have reduced them to fubmiffive ac-
knowledgments; and foon repented having concluded
on terms he thought much too honourable for rebels *
Theſe refentments, on his return to London, were much
inflamed by the Queen and Laud; the Queen upbraided
him with cowardice for having loft the opportunity of
eruſhing rebellion in its bud, and, by an example of
vengeance on the Scots, deterred others from attempting
to oppoſe royal authority. Laud was quite furious in
·
1
* He had determined to be prefent at the general affembly and
parliament, which, by the terms of the pacification, were to be held in
Scotland. He flattered himſelf, that the Scots would have been una-
ble to withſtand the beams of majefty, and that he would have influ-
ence enough, by his prefence, to get epifcopacy eſtabliſhed, and the
ecclefiaftical canons received. The conduct of the Scots, and the per-
fuafions of Wentworth, made him return to London to take other
counfels; Wentworth ftill flattering him with the hopes, that England
and Ireland would, if rightly managed, furniſh him with an affiſtance
fufficient to oblige the Scots to conform to his will. Nothing, fays
he, ought to be yielded to them, which, by precedent, may encourage
the Engliſh to conteft your royal commands, or the laws already eſtab-
lifhed." He farther adviſed the King to keep ftrong garrifons in Ber-
wick and Carliſle, to perfect the fortifications of Leith, and, if poffible,
to furnish it with a large body of men approved for their loyalty to his
fervice. "As for myſelf, faid he, I fhall ufe all diligence in taking the
oath of the Scots, to allay the pofitive demands your majefty may meet
with in the next affembly of covenanters, when they find all are not
minded to dance after the pipe." Strafford's Letters, vol. II: p. 362, 372:
Nalfon, vol. I. p. 240, & feq.
his
?
299
CHARLES I
i
his rage, and ſtigmatized all thoſe who had any hand in Aan. 1639.
the pacification. The army was disbanded with marks
of diſpleaſure; Arundel, Saliſbury, and Pembroke, were
treated coldly; Holland, though ſupported by the Queen,
could hardly maintain a footing in the court; and Ef
fex, who had obeyed every direction that had been given
him with the utmoſt punctuality, and whoſe behaviour
in this buſineſs is commended by the courtiers, was not-
withſtanding diſcharged in the croud, without ceremony
or any ordinary civility paid him; and fome time after
refuſed the command of the foreft of Needwood, a fuit
he had made with earneſtneſs, becauſe the foreſt was con-
tiguous to his eftate.
+
SECRETARY Cook, that old drudge of the court, and
tool of every adminiſtration, was made the facrifice to
appeaſe the Queen's anger and the King's chagrin: Tho'
near fourſcore years of age, he was turned out of his of
fice, on pretence that he inferted fomething in the treaty
which he ought not to have done. This diſgrace put on
the old man was much against Wentworth's inclination,
whoſe creature Cook had ever profeffed himſelf: Moreover,
the deputy was farther mortified by Vane's being appoint-
ed to the fecretary's office, a man whom he utterly deteft-
ed, whoſe advancement he had fometime ftopped, and for
whom the Queen and the marquis of Hamilton were fain
to exert all their intereſt.
•
•
THE King next vented his difpleaſure on the paper
published by the Scots, alleged to be the grounds and
fubftance of the treaty: It was ordered to be burnt, and
QI 2
a pro-
3.00%
HISTORY OF ENGLAND.
·
Ann. 1639. a proclamation was iffued, commanding all perfons who-
had any copies to deliver them to the juftices of peace
This gave fuch a general alarm to the Scots, that though.
the King had difbanded his troops without referve, they
took ſuch precautions in difmiffing their forces as made
it eafy to draw them together again, and continued the
authority to their Tables, alleging it was neceffary they,
ſhould act till all danger was blown over.
FROM the firft figning the pacification, Charles had
expreffed uneafinefs concerning what might be agitated
in the approaching general affembly and parliament in
Scotland. He wanted to gain over fome of the heads.
of the popular party; and for this purpofe fummoned
fourteen of the covenanting lords to attend him at Ber--
wick, to confult on the affairs of their country: The
Scots apprehended treachery, and would not permit above
three of their chiefs to obey the mandate; thefe were
Montroſe, Lowdon, and Lothian. The two laft reſiſted
all the temptations they met with in this interview; but
Montroſe, a young, giddy, hot-headed nobleman, of no
fixed principles, whofe refentment on fome mortifications ·
received from the ftiff, formal carriage of. Charles had
been his only inducement to enter into the oppofition,"
was immediately gained over by the affected ſmiles of a
}
* Guthrie the hiftorian obferves, that Charles was fo little cured of
his execrable notions of government by the difficulties he had met with
from the Scots, that he minuted this order in the council-book by the
name of an A&t of State, a term introduced by him, and which im-
plied, that it ought to have the force of an act of parliament. Guthrie,
vol. III. p.968.
ز
court.
渗
​L
CHARLES I
301
:
}
court, and foon convinced his party that he was not a Ann. 1639.
man in whom they could place any confidence.
.
trade, ed.
DURING the interval of peace an incident happened Lettres d'Ef--
which equally alarmed the ſubjects of England and Scot- Lond. 1744,
land. Cardinal Richlieu had concerted meaſures with
+
:
#
+
•
:
tome I.
p. 12, & feq...
& feq.
the prince of Orange to make a vigorous attack on the
dominions of the king of Spain.. The Dutch, with a
French fubfidy, were enabled to fit out a very large fleet
to go against Antwerp, whilft France undertook to be-
fiege St. Omers. The court of Spain having intelligence
of the intentions of theſe powers, fitted out a fquadron ·
confiſting of fifty fhips, with twelve thouſand foot on
board, which was to join another fquadron lying in the
port of Dunkirk. The vigilant Richlieu gave advice of Id. p. 39,
this armament to the prince of Orange, who received
intelligence from a fpy, chief clerk to the government
at Bruffels, that the Spaniſh general, Antonio Doguendo,
was inftructed to put himfelf under the protection of
the Engliſh fleet, and to land his men on the coaſt of
Flanders. In the ftraits between Dover and Calais, the Burchett's
Spaniſh fleet was met by Van Tromp, the Dutch admiral,
who, with a very inferior force, engaged them, and
forced them into the. Downs. The prince of Orange:
ſeized the opportunity of revenging the infults his coun-
try had lately received from Charles: He fent the Dutch
admiral, Van Tromp, a ftrong reinforcement, with or-
ders to purfue and fight the enemy, tho' fheltered un-
der the protection of England. Van Tromp fignified to
the Engliſh admiral, that if he took part with the Spa--
niards his orders were to fight both fleets. In vain did:
the Spaniards demand the affiftance they had fought:
from
5
Naval Hift.".
3:02
HI'S TORY OF EN GLAN D.
•
Ann. 1639. from their profeffed friend the king of England.
Charles's fleet, notwithſtanding the heavy tax he had ex-
acted on the pretence of fhipping, was in very bad or-
der, nor could he be certain of the obedience of the
-failors, who, with the rest of his fubjects, were im-
preffed with a notion that the Spaniards were come to
affift him in his fchemes of government, and to fubdue
all oppofition to the tyranny of prieſthood. The Spaniſh
fleet was ill provided, and though confifting of fixty fe-
ven fhips, was much inferior in number to the Dutch,
whofe mighty force was no lefs than an hundred large
veffels. In theſe diftreffing circumſtances, Charles en-
deavoured to maintain the appearance of impartiality,
and fent orders to Sir John Pennington, who lay in the
Downs with thirty-four men of war, to join that fleet
which ſhould be firſt attacked. At the fame time, he
adviſed the Spaniards to flip away with the firft fair
wind, for he could not be anfwerable for the fuccefs of
an engagement if they were attacked by the Dutch,
Charles's fcheme was fruftrated by Van Tromp, who be-
gan the attack on pretence that the Spaniards had vio-
gagement in lated their privilege of protection by killing a feaman
on board his own barge. This circumftance furniſhed
Pennington with an excufe to keep the defired neutrality.
The Spaniards, who had found means to run over twelve
of their ſhips to Dunkirk, were hemmed in on all fides
by the Dutch, who forced them to run twenty-three veffels
a-ſhore, ſeven of which were deftroyed; of the reft of the
fleet, fixteen ſhips were taken, two burnt, and fourteen loft
near Bulloign and Calais; the remaining number of the
twenty-three forced afhore, after having been deferted by
the Spaniards, were manned by the Engliſh, and delivered
Naval en-
the Downs.
:
•
1
"
to
CHARLES
303
I.
1
to their owners.
In this complete victory, the Dutch loft Ann. 1639,,
but ten fhips; and thus the naval armament of Spain,
to the great joy of the Engliſh fubjects, who had con-
ceived an inexpreffible terror at their firſt appearance, met
with an irrecoverable blow, though fheltered in a man-
ner in the very arms of their fecret ally the king of
England *. Charles complained loudly of this infult, and ´
made uſe of it as an argument to exact with redoubled
ſeverity the tax of fhip money.
THE marquis of Hamilton, who found that Charles
did not intend to be fincere in his dealings with the
Scots, and that he was determined againſt the total abo-
lition of epifcopacy, the only conceffion that could con-
tent the covenanters, declined acting again as high-com-
miffioner. On his refufal, the earl of Traquaire was in
veſted with that office. Traquaire's inftructions were very
minutely drawn up among other articles were the fol-
lowing concerning bifhops: "For the better facilitating
our other ſervices, and the more peaceable and plaufible
progrefs in all bufineffes recommended to you, we allow
you, at any time you fhall find moft convenient after
opening the affembly, to declare, that notwithſtanding
our own inclination, or any other confiderations, we are
contented, for our people's full fatisfaction, to remit
epifcopacy and the eftates of bishops to the freedom of
the affembly; but fo as no refpect be had to the deter-
-
* Northumberland writes to the earl of Leiceſter, that his majefty's
defigns were a little to be wondered at, that he fhould endanger the
receiving an affront, and expofe his fhips to much hazard, rather than
command both the Spanish and Holland fleets out of the Downs: Syd
neyjs State Papers, vol. II. p. 61200
612004700
mination.
304
HISTORY OF ENGLAND.
"
•
Ann. 1639. mination of the point in the laſt affembly. But in giv-
ing way to the abolishing epifcopacy, be careful that it
may be done without the appearing of any warrant from
the bishops; and if any offer to appear for them, you
are to enquire for their warrant, and carry the diſpute
fo as the concluſion ſeem not to be made in prejudice of
epifcopacy as unlawful, but only in fatisfaction to the
people, for fettling the prefent diforders, and fuch other
reaſons of ftate; but herein you muſt be careful that our
intentions appear not to any."
Diffimulation
of Charles.
ON the perufal of theſe articles, an unobſerving reader
would imagine, that Charles intended to leave off trifling,
and anfwer to the full the expectations and wifhes of
his Scotch fubjects. This was far from his intention:
The appearance of a conceffion, contrary to the dictates
of his confcience, and his principles of government, was
a meer fubterfuge, and never intended but to deceive.
At the fame time that theſe inftructions were given to
Traquaire, a letter was fent to the biſhops, with direc-
tions to give in to the commiffioner a proteftation againſt
the affembly and parliament, not to be read or argued
in the affembly: પ But, fays the letter, to be repreſented
to us by our commiffioner, which we promiſe to take ſo
into confideration as becometh a prince fenfible of his
own intereſt and honour, joined with the equity of your
defires. And you may reft fecure, that though perhaps
we may give way for the prefent to that which will be
prejudicial both to the church and our own government,
yet we ſhall not leave thinking in time how to remedy
both: We do hereby affure you, that it fhall be ftill one
of our chiefeft ftudies how to rectify and eſtabliſh the
•
་
govern-
•
CHARLES
I.
305
government of that church aright, and to repair your Ann. 1639.
loffes, which we defire you to reft fatisfied with."
骶
​CHARLES imagined that a proteftation from the bi-
fhops would effect both the conclufions of the affembly
and parliament: For as bishops, in his opinion, had a
right which they could never be deprived of but by
their own confent, fo the determinations of a parlia-
ment, from which they were forcibly excluded, would
of courſe be invalid; and thus, when a proper opportu
nity prefented, its acts might be declared vacate, though
they had obtained the royal affent
actions.
THE Scots either had very good intelligence of all the Scotch Tranf-
fchemes plotted at court, or feem to have had a thorough
knowledge of the King's difpofition and temper: Though
after the pacification they quitted the form of an army,
yet they kept together in bodies, and retained all their
officers in pay; they carried on their fortifications, and
bought up large quantities of arms in foreign ftates.
Thus prepared, when the fynod met, they declared all
thoſe aſſemblies null which had been condemned in the
laft meeting, and paffed an act, which was ratified by
the commiffioner, with a promiſe that he would ratify
the fame in parliament, imputing the troubles of the
kingdom to the following caufes: The liturgy, the ca-
nons, confecration, ordination, the five articles of Perth,
the change of the church-government into epiſcopacy,
the introduction of ecclefiaftics into civil offices, and
* It was the earl of Traquaire that fuggefted this to the King. Me-
moirs of the Duke of Hamilton, P. 149.
VaL
- VOL. II.
Rr
the
306
HISTORY OF ENGLAND.
Ann. 1639. the interruption of general affemblies. The covenant
was commanded to be fubfcribed, with a new explana-
tion, and another affembly was appointed to meet at
Aberdeen, in the month of July in the following year
On the new explanation of the covenant, it was taken
by the commiffioner and the reft of the council +. Tho'
the explanation was favourable to the royal authority,
and was a great point gained, as matters then flood, yet
Traquaire incurred the refentment of his maſter for a
compliance which ſhocked both his pride and his prin-
ciples ‡,
* During the fitting of this affembly, the bishops of Dunkeld and
the Orkneys abjured epiſcopacy, as having no foundation in the word
of God, and which had had pernicious confequences in many parts of
Chriſtendom, and particularly in Scotland. Monteth, p. 50, & feq.
+ Explanation of the covenant. "We do fwear not only our mu-
tual concurrence and affiftance for the caufe of religion, and to the ut-
moſt of our power, with our means and lives, to ſtand to the defence
of our dread fovereign and his authority in the prefervation and de-
fence of the faid religion, liberties, and laws of this kirk and king-
dom, but alſo in every cauſe which may concern his majeſty's honour,
we fhall, according to the laws of this kingdom, and duty of good
fubjects, concur with our friends and followers, in quiet manner or in
arms, as we ſhall be required of his majeſty's council, or any having
his authority." The following claufe was prefixed to the names of the
fubfcribers: "We fubfcribe this covenant according to the explanation
it hath received from the general affembly; that is, as declaring the five
articles of Perth, the government of the church by biſhops, and the
beſtowing of civil places on churchmen, to be unlawful in this church.”
Traquaire avowed, that he figned the covenant as a fubject, not as his
majeſty's high-commiffioner. Nalfon, vol. I. p. 253. Rapin, vol. X. p. 387.
Monteth, p. 50.
Part of Traquaire's inftructions were, to have an efpecial care that
the bond ſhould be the fame as was in James's time, and that he gave
no
.0 ℃ *
307
HAR LE S I.
}
عليكم
ہو
THE conduct of the parliament was no leſs animated Ann. 1639.
than that of the general affembly. The covenanting
party ſhone forth in the meridian of their glory; and
fuch was the influence of the fpirit of Liberty, that
theſe Northern chiefs, the inhabitants of an hitherto-un-
civilized country, had conducted their oppofition to ty-
ranny with a regularity and judgment that would have
graced the councils of an eſtabliſhed commonwealth.
And when by wife and vigorous meafures they had ex-
torted from their unwilling fovereign a parliament, to
fettle the civil and religious rights of the nation, they
exerted talents that rivalled the reputation of Grecian le-
giflators. The ſcheme of the party was to rectify and
fix the conftitution of Scotland, till now inconfiftent, pre-
carious, and unfettled; and this fagacious parliament,
compofed of the chief members of the oppofition, feem
in their purpoſed model to have had an eye to fome of
the pureft and the firmeſt fundamentals in the fyftem of
the Engliſh monarchy. Their firft attempt was to abo-
lish the lords of the articles, and thus reinftate the par- claration.
liament in that authority which had, by the means of Rushworth,
this inftitution, been entirely engroffed by the crown. p.1c25,&feq.
They prefented to the high-commiffioner an act, declar-
ing, that nothing done, or to be done, in parliament,
ſhould be valid, except the form of electing articles
heretofore obferved were altered, and every eftate allowed
to chufe their own articles *. The act of the general
no affent to the farther interpretation of it than what might ſtand with
the King's intentions, well known to him.
* They for this time gave way to the commiffioners, chufing eight
noblemen in the place of the biſhops; but they voted it fhould be no
example for the future. Whitlock, p. 29, & ſeq.
Rr 2
affem-
King's De-
vol. III.
308
HISTORY OF ENGLAND.
Ann. 1639.
Whitlock,
P.. 30.
Rufhworth,
vol. III.
1
affembly concerning epiſcopacy was ratified; and on the
commiffioners demanding, that the third eſtate ſhould
be repreſented by fourteen lay-abbots of the King's chuf
ing, it was rejected with fpirit; and a vote paſſed, thar
the third eſtate fhould be completed by ſmall barons, to
be elected by the commonalty.
*
THE next bufinefs the parliament undertook was to
p.1003,&feq. abridge the power of the crown in the point of coin, a
P.1027, &feq.
privilege which rendered property precarious and depen-
dent on the monarch. To fecure the fubject from this
grievance, they paffed an act ordaining, that the coin
fhould not be meddled with but by advice in parlia-
ment. The King having made two Englishmen gover-
nors of the caftles of Edinburgh and Dumbarton, the
Scots took the alarm, and, that they might not be bri-
dled with foreign garrifons, prefented an act ordaining,
that no ftrangers fhould be intrufted with the keeping
any caftles, nor other perfon put in them, but by advice
of the eſtates. The next act ordained, that no patent of
honour ſhould be granted to any firanger, but fuch as
had a competency of land-rent in Scotland: This was
very important to the fecurity of the country, fince, with-
out this reſtriction, Charles might have filled the parlia-
ment with Engliſhmen, the creatures of his court. The
fixth act ordained, that no commiffion of jufticiary or
lieutenancy fhould be granted but for a limited time.
And the feventh protefted against the precedency of the
lord-treaſurer and lord-privy-feal, becauſe not warranted
by law *. There were other falutary acts paffed of the
* The parliament were fo jealous of being treacheroufly dealt with,
that they deſired leave to appoint fame of their members to fit by the
clerk,
CHARLES -309
I. I.
·
f
vol. III.
fame naturê ; fuch as fettling the book of rates by˜ ad- Ann. 1639..
vice of parliament; limiting the power of the Exche-
quer ; demanding that the council fhould be cenfurable
by parliament; an act touching proxies and ward-lands,
with a fupplication that the authors of the book called
"The Large Declaration," in which the Scots had been Rushworth,
grolly abufed, fhould be delivered up to the juftice of p. 960..
the kingdom *. Charles receiving intelligence of thefe
proceedings, ordered his commiffioner to prorogue the
parliament till the fecond of June 1640; and if he met
with oppoſition, to declare that the members who ſhould
continue to fit were guilty of high-treafon †.-
clerk, and fee that the votes. were rightly taken. Rushworth, vol. III.
P. 1010.
* It was penned by Balcanqual dean of Durham. Memoirs of the
Duke of Hamilton, p. 116.
+ The following directions, which the King wrote to Traquaire on
the buſineſs of the parliament, furniſh a fresh proof of the infincerity
of his intentions in regard to the Scots. "As we have formerly written
to you, we cannot confent to the refcinding any acts of parliament
made in favour of epifcopacy; nor do we conceive that our refuſal to
aboliſh thofe acts is contradictory to what we have confented to, or to
what we were obliged to.. There is lefs danger in diſcovering any fu-
ture intentions. of ours, or at the beſt letting them gueſs at the fame,
than if we ſhould permit the refcinding thofe acts of parliament
which our father with fo much expence of time and induſtry eſtabliſh-
ed, and which may hereafter be of great ufe to us. And though it
ſhould perhaps caft all loofe (as you exprefs) yet we take God to wit-
nefs, we have permitted them to do many things in this affembly, for
eſtabliſhing of peace,, contrary to our judgment. And if, on this point,
a rupture happen, we cannot help it; the fault is on their part, which.
one day they will fmart for. We likewife wrote formerly to you, that
we thought it not fit at this time that the power of the lords of articles
ſhould be refined, and that you are to avoid the fame, and to be fure
not to confent, thereunto." Memoirs of the Duke of Hamilton, p. 158,
& feq.
THE
310
HISTORY OF ENGLAND.
I
Ann. 1639.
Rushworth,
vol. III.
P. 956.
Id. p. 1031,
& feq.
Id. p. 992,
& feq.
*
THE parliament drew up a declaration, fetting forth
the irregularity of thefe proceedings; that the commif
fioner had infringed their privileges in many articles,
and that the prorogation of the parliament, without their
own confent, was contrary to the ufage of the kingdom;
and that though they were willing to break up, to give
the King a proof of their obedience, yet they thought it
neceffary to leave a committee of each eftate to prefent
a remonftrance to his majefty, and attend his gracious
anſwer.
THE earls of Dumfermling and Lothian were the
perfons fent up to prefent this to the King, and to de-
mand the royal affent to the acts that had paffed this
parliament. The King refuſed to give the deputies au-
dience, on pretence that they came without a warrant
from his commiffroner. When the earl of Traquaire
arrived, he was ordered to report to the Engliſh council
what had paſſed in Scotland fince the pacification. The
council, without being acquainted with the conftitution
of the kingdom, the legality of the paffed tranſactions,
the rationality of the claims, precipitately declared, that
it was abfolutely neceffary to reduce the Scots to their
duty by the force of arms * The committee at Edin-
burgh at length obtained leave to fend deputies to juſtify
the conduct of the parliament. Theſe refuſed to plead
before a committee of the council, and alleged that
* The earl of Morton faid, that as the King had given the Scots
leave to petition in parliament for redrefs, there was not fufficient
ground for war till their reaſons were heard. On this the earl of Straf-
ford peremptorily afferted, that there was ground enough for war. Nal-
fon, vol. II. p. 82.
they
- C
311
HARLÉSI
M
1
+
& feq.
they were ſent to the King and not to the council of Ann. 1639.
England, who had no jurifdiction over the Scots. The
King at length vouchsafed to give them a perſonal au-
dience, in the preſence of the appointed committee. The
earl of Lowdon was the mouth of the deputation: He
vindicated all that had been done in Scotland, and inſiſt-
ed, in a very decent though determined manner, on the
confirmation of the conftitutional points. Charles pre- Id. p. 1033,
tended to believe, that the deputies were come to treat
with him about conceffions: He firft afked them, how
he could be fure they were fent by the people they pre-
tended to repreſent and then what power they had to
give him fatisfaction? The deputies, after fhewing their
authorities, anfwered, if what they had to propofe was
agreeable to law, they were convinced his majeſty would
be fatisfied. Who is to be judge of that, faid the King?
The law returned the deputies, is fo clear, that there
is no need of a judge. Charles, after trifling in this
manner, declared, that the deputies were not inveſted
with proper authority to treat about an accommodation;
that their application was undutiful; and that enough
had been done already to give the Scots fatisfaction *
* Laud, who was one of the members of the committee, en-
tered into a diſpute with the deputies, and alleged, that the King
was not obliged to ratify the conclufions of the affembly; the de-
puties affirmed that he was. In the courſe of this difpute Laud
grew warm, and faid, that the clergy of England in their convocation-
houſe did not affume fuch authority as the general affembly of Scot-
land. To this the deputies anſwered, with great fpirit, that the com-
pariſon would not hold; for the convocation-houſe, which did only
confiſt of prelates, and a part of the clergy, was of a different nature
from their general affemblies, where his majefty or his commiffioner
fat and where the whole congregations and parishes of the kingdom
were
312
HISTORY OF ENGLAND.
Ann, 1639.
claration.
vol. III.
4
DETERMINED ON war, he publiſhed a declaration to
vindicate his own conduct and accufe the Scots: In this
he endeavoured to ftir up the reſentment of the Engliſh
King's De. against them, on the objection made to the intrufting
Rushworth, of important charges in the hands of ftrangers; and at-
p.1027, &feq. tempted to fhew that all their demands were not only il-
legal but abfurd. His arguments on this head are pue-
rile, and can only convince thofe who, like himſelf, ide-
lized monarchical power. Traquaire, who was hated
by the prelates on a fufpicion that he had betrayed them *
and who had incurred the King's refentment for the mo-
deration with which he had behaved in the character of
were repreſented by their commiffioners from prefbyteries, fo that
what was done by them was done by the whole church and king
dom. At this Laud exclaimed, with great heat, "That the con-
vocation-houſe in England was as eminent a judicature as the gene-
ral affembly in Scotland; that the clergy and himſelf had been a long
time members of the parliament; and that neither the English nor any
reformed church had lay-elders as the Scots had in their affemblies,
and he would lofe his life before they should have them." Rushworth.
vol. III. p. 998, & feq.
* It has been faid by fome authors, that on the bishops writing to
Laud to prevail with the King to have the fervice-book kept back till
the nation was better prepared to receive it, that Traquaire, with a
defign to ruin the bishops, rode poft to London, and affured Laud,
that there was no danger to be apprehended, and that himfelf would
undertake to carry the buſineſs through without any difturbance. The
credulous archbishop was fo affected with thefe promifes, that he com-
manded the bishops to proceed in the work at all hazards, and that
they ſhould acquaint the earl of Traquaire with all their proceedings. To
thefe commands Laud added, that no biſhops fhould prefume to fuffer
any faſt to be kept on the Lord's-Day; and if the canons were not al-
ready printed, they ſhould make one on purpoſe againſt that unworthy
cuſtom. Rushworth, vol. II. p. 314.
2
!
his
'
j-
2
HAR LE S I.
313
his commiffioner*, found that he could no otherwiſe Ann. 1639.
ftand his ground but by humouring the inclination of
the court for a war, and inveighing with great animo-
+
Memoirs of
fity against his countrymen. He repreſented, that they Hamilton,
were not to be fatisfied; that the circumftance of the p. 160.
King's ftrength in Scotland was fuch, that if a better
concerted invafion was fet on foot, Ruthwen, the gover-
nor of the caſtle of Edinburgh, would foon teach them
their duty †. To furniſh the King with a pretext for
hoſtile refolutions, he put into his hands a letter he had
picked up, written by feven of the covenanting lords to
the king of France, defiring his protection and affiſtance.
This letter, on the pacification, had been reſerved, and
never fent.
Previous to his being intruſted with this office, he had been put
under arreft for his too eafy giving up the caftle of Dalkeith, in which
were lodged the Scotch regalia. The prelates had repreſented his con-
duct as proceeding either from cowardice or treachery; but he made it
appear that the place was indefenfible. At the fame time this happen-
ed, the earl of Roxborough, a ftaunch friend and creature of the court,
was confined becauſe his fon had joined the covenanters.
+ A little time after this, a great part of the walls of Edinburgh-
caftle, mounted with cannon, fell down of themſelves, and the cove-
nanters very prudently prevented their being rebuilt.
It was as follows:
Sir, Your majefty being the refuge and fanctuary of afflicted
princes and ſtates, we have found it neceffary to fend this gentleman,
Mr. Colvill, to reprefent unto your majefty the candor and ingenuity,
as well of our actions and proceedings, as of our intentions; which
we defire to be engraved and written to the whole world, with a beam
of the fun, as well as to your majefty. We therefore moſt humbly
befeech you, Sir, to give faith and credit to him, and to all that he
ſhall ſay on our part touching us and our affairs, being moſt affured,
Sir, of an affiftance equal to your wonted clemency, heretofore and fo
VOL. II.
S f
often
4.
314
1
HISTORY OF ENGLAND.
Ann. 1639.
To the aſtoniſhment of the English court, now, for
the firſt time, was diſcovered the real fource from whence
the Scots had obtained their affiftance of men and mo-
ney.
Charles had attributed it to the Dutch, or to the
party of Calvinifts fpread over Europe: It never once en-
tered his head that the reformed, whom he, a Proteftant
prince, had treated with the utmoſt rigor, at the fame
time that he was courting the triple crown at Rome,
could receive encouragement from a prelate of the Romish
church; and fo much was he impreffed with his father's
notion of a fympathetic amity among fovereigns, that
he imagined brother-monarchs bound by every tie moral
and political to affift each other against rebellious fub-
jects. It was the part he had always acted, when he
followed the impulfe of his own inclinations in the
quarrel between the king of France and the Proteftants
of that kingdom. The falfe light in which he viewed
theſe things, rendered him obnoxious to the revengeful
fpirit of a vindictive prieſt..
to to vis
To fecure the fuccefs of the ſcheme which Richlieu,
with the ſtates, had formed on the Auftrian Netherlands,
it was neceſſary at leaſt to obtain a neutrality from the
often fhewed to this nation; which will not yield the glory to any other-
whatſoever to be eternally, Sir, your majefty's moſt humble, moſt obe-
dient, and moſt affectionate fervants, Rothes, Montrofe, Lefley, Marr,
Montgomery, Lowdon, Forrefter.”
Biſhop Burnet ſays, that this letter was propofed and dictated by the
earl of Montrofe; that when it was brought to the earl of Lauderdale
to fign, he objected that it was written in falfe French; and that on this
objection it was laid afide for fome time. Burnet's Hiftory of His Own
Times, vol. I. p. 30.
1
king
[
(ČAH
ARL E SI I.
315
d'Ef- Ann. 1639.
Lettres d'EL
with trade, ed.
Lond. 1743,
king of England. To bring about this bufinefs,
trade was fent by the cardinal to the English court,
inftructions to offer the King his own terms. Richlieu tome I.
(who had been long on an ill footing with the queen of P. 1, & feq.
England, through the means of madam de Chevreuſe,
who had reprefented him as a devil in the part he had
acted againſt Mary de Medicis, the queen-mother, of
France) gave d'Eftrade particular directions to make his
firſt applications to Henrietta, to endeavour to remove
the prejudice he had taken againſt him, and to make
profeffions on his part of a paffion to ferve her, and to
deftroy by his actions the ill offices that had been done
him by madam de Chevreufe. Henrietta received the
cardinal's civilities with all the haughtiness that could
be expected from her inexperience, pride, and paſſionate
temper: She not only filenced d'Eſtrade on his offering
to enter on a vindication of Richlieu's conduct, but
moreover told him, that ſhe wanted nothing of that mi-
nifter, and was determined never to have any friendſhip
for him. The anſwer that Charles made to the propo-
fal of the ambaffador was as open and fincere as was
that of the Queen: On d'Eſtrade's aſſuring him, that if
he would comply on the ſubject of the defired neutrality,
the cardinal would prevail with the French king to ſend
him affiftance againſt fuch of his fubjects as might have
rebellious views, he anſwered, that he had no occafion
of foreign aid to reduce his fubjects; and ſhould be ſo
far from obferving a neutrality, that he was determined
to have a fleet in the Downs with fifteen thouſand
troops on board, ready to land in Flanders in cafe of
need. Richlieu received the intelligence of the manner
in which his offers and civilities had been refuſed with
S f 2
all
1
}
}
HISTORY OF ENGLAND.
316
Ann. 1639
all that indignant fpirit of revenge which might have
been expected from a man confcious of his power, abi
lities, and confequence.
14
THIS happened at the beginning of the breaking out
of the commotions in Scotland. D'Eftrade received im-
mediate orders to withdraw into Holland, to perfuade:
the prince of Orange to attack Antwerp, with intelli-
gence that Richlieu would fend his almoner, a Scotch-
man, to Edinburgh, to encourage the Scots in their un-
dertakings againft Charles, and to promiſe them the af
fiftance of the king of France. "It was proper and ad-
vantageous, wrote he in his difpatches to d'Eftrade, to
difcover the fentiments. of the king and queen of Eng-
land: If they had had the addreſs to conceal them, they
would have perplexed us greatly. But before the end of
the twelvemonth they fhall repent their having refuſed
the offers which you made them from his majefty. You
could not have ſpoken better, nor could you have better
anſwered the king of England on my account: He fhall
foon know that I am not defpicable."
1
驴
​ALL Charles's panegyrifts, and many candid authors,
who have been willing to add light to a character almoft:
totally fhaded with prejudice and vice, have taken the
opportunity, on this part of his conduct, to beftow infi-
nite praiſes on what they term patriotifm and heroiſm.
They ſuppoſe he had at length acquired a juft idea of
national intereft; and give him great merit on his refuf-
ing to be biaffed by the proffers made him of affiſtance
againſt the rifing fpirit of his fubjects. If the motives
affigned by theſe authors had been the real ones that
>
actuated
8
CA AHO ARLE STI.
317
actuated him on this important occafion, nothing would Ann. 1639.
be more unjuſt than to deprive him of the praiſes due
to a refolution at once fpirited and difintereſted: Charles
had not at this time any idea of wanting a foreign af-
fiftance; and it must be remembered, that the Scotch
tumults were at firft held very contemptible by the Eng-
lifh court; that the King was naturally fanguine in all
conteſts that concerned the royal authority, which he
thought could not but meet with fupport from every in-
dividual that had fenfe or honeſty; beſides, he was en-
tirely governed in this affair by Henrietta his wife, who
mortally hated Richlieu, and had, with her mother Mary
of Medicis *; who was at this time entertained at the
English court, efpoufed the Spaniſh faction. The du-
chefs of Chevreufe had been obliged to fly her country
for intriguing with the Spaniards; Henrietta invited her
*Her intrigues in France had made that country no place of abode
for her. She fled to Bruffels, where fhe was much careffed by the
cardinal infanta; but fhe was fo hated by the people, that for fear of
violence to her perfon fhe removed to Holland, from whence fhe was
invited into England by the queen her daughter; where fhe arrived.
October 1638, with a great train of Popish attendants, and was con-
ducted in high ftate through the streets of London. The public ex-
preffed great diffatisfaction at this event. Whitlock, p. 28. Echard,
fol. ed. 1720, p.467.-
-
The king of France expoftulated with the Engliſh ambaſſador on the
admittance of the queen-mother into England. He faid, that ſhe was
altogether Spanish, and would try all means to hinder a conjunction be-
tween the courts of France and England. Lewis farther complained,
that all the Roman-catholics in England were Spaniſh; and argued, that
the expence of keeping the queen-mother in England, if otherwiſe
employed, might recover the Palatinate; and that he had in her train
people who would caufe diforders in the court of England. Sydney's
State Papers, vol. II. p. 461, 518, 530, 576.
L
ཟ
Strafford's
Letters,
vol. II. p.115
148, 156.
{
1
over
318
HISTORY OF ENGLAN D.
Ann. 1639. Over into England*, where the was fumptuously enter-
tained, and a large allowance appointed her. Father
Orleans fays, that many of the French mal-contents took
Orleans,p.44. refuge in England; that it was not queftioned in France
but that fo many difgufted women would confpire to
unite the King of England with the houſe of Auſtria,
whoſe miniſters had daily conferences with the Queen,
and the King himſelf was prefent. Charles, through fe-
male influence, was fo deeply engaged with that court †,
that had he had the inclination, it would have been im-
poffible for him to have acted the part of neutrality that
was demanded of him by the French king.
Memoirs of
Hamilton,
On the diſcovery of the letter, Colvil and the earl of
p. 160, & feq. Lowdon were fent to the Tower. Lowdon vindicated
himſelf on the following plea: That the letter was
written before the pacification, and for that reaſon
was buried in oblivion. He offered to be tried by his
peers in Scotland, from which place, he faid, he came
on his majesty's warrant, and ought to be returned
back again a freeman. It is reported, that Charles was
much inclined to deprive him of his life; but was dif
* Henrietta was fo fond of this intriguing woman, that the permit-
ted her to fit in her prefence. This was a privilege which it feems was
denied not only to the French ambaffadrefs, but to the women of the
firſt quality in England. This important point was formally debated
on by the Engliſh ambaffador and the court of France. Sydney's State
Papers.
+ Charles was at this time liftening to propofals of a cross-marriage
between two of his children and a fon and daughter of the king of
Spain. The treaty was carried on by madam de Chevreufe. Sydney's:
State Papers, vol. II. p. 636.
fuaded
7
HARLE
319
S I.
3
coli
fuaded from this violent meaſure by the marquis of Ha Ann. 1639.
milton, who was fenfible of the mischief the King
would bring on himſelf by ſuch a procedure
The
enraged party at court, being determined at all hazards Ann. 1640.
to reduce the Scots to obedience by the force of arms,
began to take meaſures to raife a numerous army: The
counties were taxed for their quotas, and fhip-money, Preparations
with the arrears due, was exacted with the utmoft ri- war.
gor. All this being very infufficient to fupply the exï-
gencies of a war, Wentworth, lately created earl of Straf-
*
*The following is the ftory told by Burnet, from a paper written
by Dr. White Kennet biſhop of Peterborough. Charles, in a fit of
paffion, fent a warrant to Sir William Balfour lieutenant of the Tower,
to execute the prifoner Lowdon for high-treafon. Balfour, at the de-
fire of Lowdon, confulted with the marquis of Hamilton on what was
to be done in the prefent exigence. Balfour and Hamilton went im-
mediately to the King, whom they found in bed: Balfour fell on his
knees, and uſed many arguments to perfuade the King to fufpend the
execution of a warrant which could not be legally proceeded on. The
King faid, the warrant was his, and it fhould be obeyed. On this the
marquis of Hamilton entered the chamber, and told the King, that if
he was fo determined, himſelf would ride poft for Scotland, and tell
his countrymen, that he had no hand in it. The King was fo ftruck
with this peremptory declaration that he tore the warrant. Appendix. to:
the Enquiry into Glamorgan's Tranſactions, p. 15.
'
Before the conclufion of the year 1639, the prince-palatine, who
having raiſed a ſmall army in Holland, was beat by Hatzfield, one of
the emperor's generals, in Weftphalia, made another vifit to his uncle
the king of England, to folicit a fupply. Charles was not in a condi-
tion to grant the requeſt, and fent the young prince incognito through
France to the allied army, which had promifed, on his appearance, to
acknowledge him general in the room of duke Barnard Saxe-Weymar
lately deceaſed: He was difcovered at Lyons, and, by an order from.
the court of France, confined as a prifoner.
for another
a
ford,
啼
​320
HISTORY OF ENGLAND.
:
Ann. 1640. ford*, who had been fent for over on this preffing oc-
cafion, together with Laud and Hamilton, the three men
whom Charles confulted on important points, encou-
raged by an opinion that a general averfion and indig-
nation against the Scots, raged through the whole king-
dom; and depending much on the circumftance of the
intercepted letter, adviſed the King to recede from his
determined plan; and once again try the old conftitu-
tional expedient of a parliament,
}
}
,
1
WHEN this refolution was told to the council, they
gave an univerfal voice of approbation: But Strafford,
whom confcious guilt rendered fufceptible of doubts
and jealouſy, and whofe fate was wound up with
that of his mafter's, was determined, if poffible, to
render him capable of making his own terms, and
ſubſcribed twenty thousand pounds as a free loan; the
duke of Richmond, a young nobleman of no confidera-
ble parts, gave the fame fubfcription. The example in-
fluenced many other great officers in church and ſtate †,
and the King found himſelf in a condition to proceed
with his armament without waiting for a fubfidy. Pre-
fuming on this unexpected fupply, he determined to
* He had often folicited this dignity; but Charles, who was flow in
granting favours even to his moſt determined tools, had poftponed the
indulging his defires till this period, when his appearing with a new
luftre in Ireland might render that people the more complying to his
demands in this preffing neceffity of the crown. Strafford's Letters.
+ Whitlock fays, that the judges and officers of the courts of juſtice
ecclefiaftical and civil were affeffed by the council according to the qua-
lity and profit of their places.
fhew
C. H A RL ES I.
321
fhew the parliament they were not convened out of ne- Ann. 1640.
ceffity, and that he thought himſelf on a footing to
treat them in his ufual ftyle. Ship-money was conti-
nued to be levied, altho' the grand jury of Northamp-
tonſhire had the fpirit to prefent it as illegal *. An un-
mitigated rigor was uſed in the ecclefiaftical courts †. On
the death of Coventry ‡, which happened about this time,
the obnoxious Finch was preferred to the great feal, and
created baron of Fordich. He began the exercife of his
office with calling the judges together, and giving them
a charge to promote, in their circuits, the ready chear-
ful payment of ſhip-money; and had the imprudent pre-
fumption to declare, on a demurrer put into a bill then
before him, which had the authority of an order of the
lords of the council, but no equity in it," That whilft
--
* Sir Chriftopher Yelverton, high-fheriff of Northamptonſhire, hav-
ing fent to the council a copy of this prefentment, was fharply repri-
manded, and ordered to do his office on pain of exemplary puniſhment.
Rapin, vol. X. p. 398, & feq.
+ Some tenants of the church of Durham having combined toge-
ther, and raiſed money to carry on a profecution againſt the dean and
chapter for raifing their fines exorbitantly, contrary to a decree of the
court at York in the time of Elizabeth, they were called before the
council, and Grey and Smith, two men who had been the moſt buſy
in this affair, were, by a motion of Laud's, committed to the Gate-
houſe. Laud faid, that the dean and chapter would do well to proceed
againſt the proſecutors in the Star-chamber, and never renew the leaſes
to them or their children; he was confident it was a practice againſt the
church, and that there was a farther deſign in the bufinefs. Rushworth,
vol. III. p. 1051, & seq.
Coventry died with the following document in his mouth, or ra-
ther requeſt to the King: That he would take all diftaftes from the par-
liament with patience, and not end it with an unkind diffolution.
Clarendon,
vol. I. p. 58.
VOL. II.
Tt
he
3.2.2
HISTORY OF ENGLAND.
Ann. 1640. he was keeper, no man fhould be fo faucy as to difpute
thoſe orders, but that the wisdom of that board ſhould
be always ground enough for him to make a decree in
Chancery."
}
THE parliament was fummoned to meet on the thir-
teenth of April. The pleafure this news gave to the
lovers of Liberty baffles all defcription: "What, cried
they in their mutual congratulations, are our tyrants
at length unexpectedly drove into the neceffity of calling
a parliament, after their ufe has been fo long and fo
fuccefsfully laid afide? and this when our hopes are
grown languid; at a time when the remembrance of
that auguft affembly, when the veneration its conduct fo
justly acquired, is grown faint on the minds of the vul-
gar." The exultation of the public began to fhew itſelf
on feveral occafions: The prefentment of the Northamp-
tonſhire jury againſt the illegality of fhip-money; the
ſpirited exertion of one Bagfhaw, a lawyer, reader of
the Middle Temple, who argued againſt the lawfulness
of the feat and jurifdiction of bifhops in parliament *
Notwithstanding theſe favourable omens, there was at
་
*
He argued on the ftatute of 25 Ed. III. and divided his matter
into feveral parts, allotting a cafe for every day in which he was ap-
pointed to read. His arguments being reported to Laud, he was com-
manded not to proceed. He applied to Finch the lord-keeper, who
fent him to Laud, telling him, it was good law, but he could not pro-
ceed without a licence. Laud told him, he had fallen on an unfit fub-.
ject in an unfeaſonable time, which would ftick by him as long as he
lived. He was again commanded filence, on which he went out, of
town. Forty or fifty gentlemen of the inns of court, to do him honour,
and fhew their approbation of his intention to inftruct his audience, at-
tended him on horfeback. Whitlock, P. 31, & feq.
this
CHARLES I.
323
ཝཱ
this time too much leaven of priesthood, and other fla- Ann. 1640,
grant prejudices in the nation, for the Puritans, the great
oppofers of the late tyrannical proceedings, to carry the
majority of elections. On this important occafion, there-
fore, many members were chofen who had too ſcrupu-
lous a regard for what they called the dignity of the
crown and church, to engage heartily with that party in
correcting the abuſes and reforming the corruptions of
either.
Ireland.
Letters,
& feq.
PREVIOUS to the meeting of the English parliament, Parliament in
Strafford was fent over into Ireland with the title of
lord-lieutenant, and the ornament of a blue ribbon, to
gain from that eafy credulous people a fum of money
fufficient to execute the defigns which had been concerted
between him and his maſter. A parliament was accor-
dingly called in that kingdom, which anfwered fo well Strafford's
the hopes of the miniftry, that they immediately granted vol.II. p.400,
four fubfidies, expreffed a violent zeal for the cauſe,
drew up a declaration containing an acknowledgment of
favours and benefits enjoyed under his majeſty's happy
and gracious government, with a promife for a farther
fupply to the utmoſt of their abilities, if the King's oc-
cafions ſhould require it. This was not only entered
into the Engliſh council cauſes, and copies diſperſed
abroad, but mentioned at the end of the King's decla- Rushworth,
ration against the Scots, with an intimation that the fub- p. 1039.
jects of England would do well to follow fo good an
example
*Such was the fubjection in which the Irish parliament was held by
the lieutenant, that he procured the following claufe to be inferted in
their
Tt 2
vol. III.
324
HISTORY OF ENGLAND.
}
Ann. 1640.
Parliament of
England.
& feq.
L
1
APRIL the thirteenth, the parliament met *. Eager
expectation took poffeffion of almoſt every Engliſh breaſt;
nor were the Scots lefs free from this turbulent affection,
feeing that their fuccefs or ruin entirely depended on the
refolutions of this affembly. After a fhort preface from
Parl.Hift.vol. the King, the lord-keeper Finch made a long fpeech to
VIII. p. 397, both houſes; this performance out-did his uſual bom-
baft: He began with highly extolling his maſter's con
defcenfion in calling a parliament. "His majeſty's
kingly refolutions, faid he, are feated in the ark of his
facred breaft; and it were a prefumption of too high a
nature for any Uzziah, uncalled, to touch it Yet his
majeſty is pleafed to lay by the fhining beams of ma-
jefty, as Phoebus did to Phaeton, that the diftance be
tween fovereignty and fubjection fhould not bar you of
that filial freedom of acceſs to his perfon and counfels
only let us beware how,, with the fon of Clymene, we
Finch's
ſpeech.
-
their declaration :" And particularly in placing over us fo juft, wiſe,
and vigilant a governor as, &c. who by his great care and travail of
body and mind, fincere and upright adminiſtration of juftice without
partiality, &c." Wentworth having obtained this claufe to be thruſt
into the declaration of the Iriſh parliament, boaſted much of his inte-
reft in that kingdom. "I have left, wrote he in a letter to fecretary
Windebank, the Iriſh people as fully ſatisfied as can poffibly be wiſhed
for, notwithſtanding the philofophy of fome amongſt you in the court,
who must needs. have it believed, that people are infinitely diſtaſted
with the preſent government, and hating of me; which error I can
eaſily remit unto them, confidering that thereby the truth will be more
clearly underſtood unto all, and in conclufion the fhame fall unto
themſelves." Carte's Life of Ormond, vol. I. p. 95. Strafford's Letters,
-vol. II. p. 403;
* Wren bishop of Ely, one of the moſt obnoxious prelates in the
kingdom, preached before the King on this occafion at Weſtminſter..
Nalfon, vol. I. p. 306.
..
aim
CHARL E S I.
LE
325
•
aim not at the guiding the chariot, as if that were the Ann..1640.
only teftimony of fatherly affection. But let us ever
remember, that though the King fometimes lays by the
beams and rays of majefty, he never lays by majeſty
itfelf." After this introduction, Finch expatiated on
the King's goodneſs in eafing the parliament of the
trouble of giving advice concerning the bufinefs of the
nation, and the having for twelve years taken that bur-
den on himſelf. He then proceeded to invectives againſt
the Scots, who, he faid, defigned to introduce an army
of foreigners into their country, fo that there was an
abfolute neceffity to make preparations for the defence
of England. He gave an account of the zeal the Iriſh
parliament had expreffed for the King's fervice, ran out
in a high-flown panegyric on the King and his govern-
ment, on the Queen, and the reft of the royal family:
He introduced the old topic of tonnage and poundage,
which he ſaid the King would graciously accept as a
gift from the parliament; and ended with an exhorta-
tion to the Commons to grant a liberal fupply. After
this empty harangue, Charles produced the letter which
had been fent by the covenanters to the French king,
and informed the houſe, that he had fent the lord Low-
don and Mr. Colvil prifoners to the Tower *.. Finch had
told both houſes, that in the diſpute between the King
·
*Finch endeavoured to aggravate this imputed crime by infifting
much on the trifling circumftance of the fuperfcription of the letter;
a ſtyle, he ſaid, never written by any Frenchman but to their King.
However, the fuperfcription was denied by the parties concerned, who
afferted, that it was added, with a view of blackening them, after
their enemies had gotten poffeffion of the letter. Parl. Hift. vol. VIIIS.
P. 406.com
and:
326
HISTORY OF ENGLAND.
Ann. 1640. and the Scots, his majefty would not admit any one to
interpofe an office of mediation.
Serjeant
Glanville's
speech.
2
THE Commons chofe ferjeant Glanville for their
fpeaker*, a man of fome abilities, and at this time not
very diſpleaſing to any party in either houſe. In his
ſpeech to the throne, he expatiated on the excellence of
monarchy royal and hereditary, and beftowed great en-
comiums on the King's government, on his piety, and
his other perfonal virtues. After this incenfe, he en-
tered on the ſubject of the prerogative, which, he ſaid,
could do no hurt, provided it admitted the temperament
of law and juftice. He explained what he called the
higheſt prerogative, "The King can do no wrong," a
maxim in law which had ever been fo abfurdly and in-
famouſly miſreprefented by crown-lawyers. Every unjuſt
command, faid he, is made void by this privilege; and
therefore, though the King in his perfon is innocent, the
actors of thofe abuſes ftand liable and expoſed to ſtrict
examination and juft cenfure. He then infinuated the
neceffity of enacting plain ftatutes, that the fubject might
be enabled to underſtand what is expected of him, and
what he may call his own. "Were we never fo valiant,
concluded he, never fo wealthy, if love and unity be not
* The perſon who brought the ſpeaker-elect the meſſage to attend
the King in the upper houfe was of no better condition than a quar-
ter-waiter: The neceffary ceremony on this occafion was neglected
laft parliament, and noticed by that affembly as an affront to their
houfe. Glanville commanded the waiter to tell Maxwell, the gentle-
man-ufher of the houfe of Lords, that it was his duty to have come
and brought the meffage himfelf. Journals of the Commons, vol. II.
P. 3.
}
amongſt
-
}
2
CHARLES
I.
327
amongſt us, what good will our wealth do to ourſelves Ann. 1640.
or to your majeſty? He that commands a heart in love,
he and he only commands affuredly the purfe to pay
and the hands to fight."
THE Commons, according to the cuftom of feveral:
parliaments, previous to their entering on matters of im-
portance, conferred with the Lords concerning the peti-
tioning the King for a faft, with the uſual buſineſs of
fettling elections, and determining matters of privilege *.
The firſt days of the feffions were fpent in reading peti-
tions poured in by feveral counties in England againſt
ſhip-money, projects, monopolies, the tranfactions of the
Star-chamber, the High-commiffion court, and other
grievances. The King, who imagined that the Commons
would be in a flame on the ſubject of the letter that was
written to the French king †, fent them a meffage by
fecretary Windebank, enlarging on the affronts and in-
dignities the Scots had, by fuch an appeal to a foreign
prince, put on their fovereign. The Commons were at
this time fo taken up with their own grievances, that
they took no notice of what had fallen from fecrètary
Windebank. The debate on the national oppreffions
was opened by Harbottle Grimftone, member for Effex:
"The bufinefs that had been recommended to their con-
fideration by his majefty, he ſaid, was a weighty bufi-
It was this feffions determined, that every member fhould have pri-
vilege for fixteen days before the beginning, and fixteen after the end-
ing, of parliament. Journals of the Commons, vol. II. p. 10.
1
+ The lords had been fo complaifant as to vote, that the lord Low-
don ſhould be detained a priſoner in the Tower till farther evidence
ſhould appear in this affair. Whitlock, p. 32.
4.
nefs,
328
HISTORY OF ENGLAND.
Ann. 1640. nefs, and very worthy the adviſement of that great coun-
cil; but there was a cafe at home of as great a confe-
quence, and ſo much the more dangerous, becauſe it
was home-bred, and ran in the very veins of the body
politic: That cafe was the violation of Magna Charta;
itſelf but a renovation and reftitution of the ancient
laws of the kingdom; a charter which had been con-
firmed above thirty times, and in his prefent majeſty's
reign more than confirmed by an act declaratory, inveſted
with the title of Petition of Right. What expofitions,
added he, contrary to that Law of Right, have ſome men
given, to the undermining the liberty of the ſubject,
with new invented, fubtle diftinctions? affuming to them-
felves a power to make void the laws of the kingdom.
The commonwealth hath been maffacred, all property
and liberty fhaken, the church diſtracted, the goſpel and
profeffors of it perfecuted, and the whole nation over-
run with ſwarms of projecting canker-worms and cater-
pillars, the worst of all the Egyptian plagues. As the
cafe ftands, I conceive there are two points very confide-
rable in it: the firft, what hath been done any way to
impeach the liberties of the fubject, contrary to the Peti-
tion of Right; the fecond, who have been the authors
and cauſers of it."
·
THE next who ſpoke after Mr. Grimftone was Sir
Benjamin Rudyard, an honeft, plain, well-meaning coun-
try-gentleman, a man of good fenſe, but neither of depth
of underſtanding, or knowledge enough in the ways of
men, to cope with the vicious politics of a court. He
lamented the heavy grievances the nation had ſuſtained
in the intermiffion of parliaments; he afferted, that if
par-
C
329
HARLES
I.
f
-
parliaments were gone all was gone; and pathetically Ann. 1640.
recommended to the houſe, to ingratiate themſelves by
their carriage, that the race of parliaments might not
be rooted out. The laſt member that ſpoke in this im-
portant debate was Mr. Pym, a man in the prime of
his age, but old in the fervice of parliaments; much
noted for his abilities, but yet of greater weight with
his party from the ſteady uncorrupted uniformity of his
conduct in the important office of a fenator; to the re-
putation he had acquired in this particular was united a
life moral and pious, a religion totally free of the pre-
vailing corruptions of the times: This procured him the
reſpect of all the good and moderate men in the king-
dom, and from his reputed knowledge in theology, the
houſe had ever appointed him the manager of all the
bufinefs which concerned religion. This excellent pa-
triot, in a difcourfe which held above two hours, but in
which there was no word without its weight, enume-
rated all the oppreffion of the times *.
·
* When Mr. Pym mentioned the long intermiffion of parliaments,
he told the houſe, that by two ſtatutes, not yet repealed, a parliament
ought to be held once a-year. On the ſubject of impofition, he ob-
ſerved, that impofitions were not only multiplied upon merchants
goods that were exported out of, and imported into, the kingdom, but
that there was a growing miſchief in plotting for the impofition of
goods not of the produce of England, nor ever brought into it, but
that were conveyed from one foreign country to another by Engliſh
merchants, a courſe never before heard of. In treating of the grievance
of fhip-money, he afferted, that though there was a judgment given for
it, it was againſt all former precedents and laws; it was a grievance
that had no limits either for time or proportion; and whoever endea-
voured to defend it muſt be ſenſible that both his reputation and con-'
ſcience lay at ſtake in the defence. In expatiating on the fervile doc-
trine at this time preached by the clergy, he faid, that Dr. Manwar-
VOL. II.
U u
ing
330
HISTORY OF ENGLAND.
斧
​Ann. 1640.
PYм never harangued in vain: The houſe came to a
refolution, and ordered that the records and proceedings
in the Star-chamber and King's-Bench, concerning feve-
ral members of the houſe in the laft parliament, ſhould
be fent for immediately; that a felect committee be ap-
pointed to meet to report their opinion to the houfe
touching the violation of the privilege of parliament, the
laft day of the laſt parliaments; that the records, enroll-
ments, judgments, and proceedings in the Exchequer,
and all courts whatſoever, concerning ſhip-money *, ſhould
be fent for.
·
•
ON the question concerning the behaviour of the
ſpeaker, the houſe refolved, that the fpeaker's refuf
ing to put the queſtion, after a verbal command from
his majefty, fignified by the ſpeaker to the houſe, to
adjourn, and no adjournment made by the houſe,
is a breach of the privileges of the houſe. Though:
the Commons had fat but a few days, yet as they had
taken little notice of the bufinefs recommended to them
by the lord-keeper, Charles grew impatient, and ordered
ing had for that fault been brought upon his knees the laſt parlia-
ment: "He did not think, that being brought fo low, he would
have leaped fo foon into a biſhopric." Parl. Hift. vol. VIII. p. 432,
& seq.
* In the courſe of the debate concerning grievances, one Peard a law-..
yer, with fome warmth of expreffion, called fhip-money an abomination.
He was reprimanded by Herbert the Queen's folicitor, whofe reprehen-
fion, as Clarendon afferts, was thought to have ſo much weight in it, that.
Mr. Peard very hardly eſcaped a fevere reprimand; "Which I mention,
adds this pompous courtier, that the temper and fobriety of that houſe
may be taken notice of, and their diffolution, which ſhortly after fell out,
the more lamented." Clarendon, vol I. p. 105, & feq.
6
both
CHAR LE S
331
I.
Finch, the per- Ann. 1640.
"It was a
MS. Journ.
both houſes to attend him at Whitehall.
fon whom they had juft cenfured as the violator of their of the Lords.
liberties, by the King's directions, acquainted them, that
the army was now upon its march; that it coſt an hun-
dred thousand pounds a month; and that without an
immediate fupply the honour of their prince and nation
would be loft. He attempted to palliate the tax of ſhip-
money, as neceffary to maintain the reputation of the
Britiſh flag, and made a ridiculous diftinction on the
objection that tonnage and poundage were uſed to be
given for the maintenance of a fleet at fea.
tax never intended, he faid, but for ordinary prefervation
of the fea, not for extraordinary." He next fet before
the Commons the example of the two laft Iriſh parlia-
ments, and boafted what great advantages they had gained
by their dutiful behaviour. To crown the whole of this
extraordinary harangue, he told the houſes, that his ma-
jefty could not this year forbear to levy fhip-money, but
expected their concurrence in the raifing it for the future.
He concluded with magnificent promifes, in the King's
name, to give them fatisfaction in point of ſecurity for
their liberties, provided they would firſt fatisfy him in
the matter of ſupply.
*
THE Commons referved the confideration of this
fpeech to the next day, when Edmund Waller, a young
man of a good eftate, and promifing parts, in a very
ſenſible manner, anſwered the arguments that had been
urged by the keeper, and that in a ftrain of elo-
quence which procured him the attention and ap-
plauſe of the whole affembly. The purport of his ſpeech
was to perfuade the houſe to infift on the redreſs of
grievances
U u 2
332
HISTORY OF ENGLAND.
✓
Ann. 1640. grievances before they gave a fupply: This, he faid, was
the cuſtom of all parliaments, and now particularly re-
quifite; he acknowledged that his majeſty's occafions for
money were evident, for the calling of a parliament was
an effect which no light caufe could have produced; he
cenfured the conduct of the clergy in a very fhrewd man-
ner : I am forry thefe men, faid he, take no more
care to gain our belief of thofe things which they tell us
for our fouls health, while we know them fo manifeftly
in the wrong in that which concerns the liberties and
privileges of the fubjects of England: But they gain pre-
ferment, and then 'tis no matter though they neither be
lieve themſelves, or are believed by others. Yet fince
they are ſo ready to let looſe the confcience of the King,
we ought the more carefully to provide for our protec
tion againſt this pulpit-law, by reinforcing the munic
pal laws of the kingdom. It is worthy the obferving
how new this opinion, or rather this way of rifing, is,
even among themfelves. Mr. Hooker, who was no re-
fractory man (as they term it) thinks, that the firſt go-
vernment was arbitrary, till it was found that to live by
one man's will became all men's mifery; and if we look
farther, our hiftories will tell us that the prelates of this
kingdom have often been mediators between the King
and his fubjects, to pray redrefs of their grievances. They
then had love and reverence from the people."
-
MR. Waller's motion, that the redrefs of grievances
fhould precede the fupply, was affented to by the Houſe,
and it was ordered that the Lords ſhould be conſulted
on this fubject. Matter was prepared for the conference,
and the grievances divided into three claffes, according
to
*
G HAR LE S
S I.
333
Journals of
vol. II. p. 11.
to the order Mr. Pym had uſed in his ſpeech: Firft, con- Ann. 1640.
cerning innovations in matters of religion; fecondly, Commons,
property of goods; thirdly, liberties and privileges of
parliament *. Charles, hearing what was going forward
in the lower houfe, went to the Lords in a great rage;
told them, that the Commons had put the cart before
the horfe; that inftead of performing his occafions, they
had held confultations of innovations in religion, pro-
perty of goods, and privileges of parliament; that as
for religion, his heart and confcience was with the reli-
gion now eſtabliſhed in the church of England †; that
if the Houſe of Commons would but truſt him, he would
make good what he promiſed by the lord-keeper ‡.
" I
conjure your lordſhips, added he, confider your own ho-
nour, and the prepofterous courfe of the Commons; and
defire that your lordships will not join with them, but
leave them to themſelves. I defire you to be careful in
this point; elfe, if the fupply come not in time, I will
not fay what mifchief may and must follow."
THE Lords, confiding on the large promiſes made by
the King, or overcome by his importunity, or depending
14
* Mr. Pym was appointed for the firſt claſs, and to make the intro-
duction to the whole bufinefs; Mr. St. John for the fecond; and Mr.
Holbourne for the third. Parl. Hift. vol. VIII. p. 456.
* The fopperies of Laud's religion, which Charles had eſtablifhed in
the church, was one of the prime grievances that the Commons com-
plained of:
By what may be gathered from the hints which fell from the King
and the lord-keeper, the graces Charles was to grant to his people, after
the obtaining a ſupply, were, that if the Commons would grant him the
tax of fhip-money, with tonnage and poundage, he would accept them
as a gift, and not raiſe them by virtue of prerogative.
on
334
HISTORY OF ENGLAND.
Ann. 1640. on the fuperior virtue of the Houfe of Commons, de
termined to put the talk of a refufal on them: They
voted, that the fupply fhould have precedency, and be
refolved upon before any other matter whatſoever and
;
that there fhould be a conference with the Houſe of
Commons, in order to difpofe them thereto *
The King
MS. Journ.
of the Lords.
*
·
fent to thank the Lords for this refolution, and to affure
them, that nothing was more agreeable to him than to
have a good underſtanding with their lordſhips. Their
advice on this fubject was no fooner reported to the
Commons, than that temper, or rather lukewarmnefs,
which had hitherto appeared to have infected their coun-
fels, entirely vanished; they grew warm, and with una-
nimous conſent voted it to be fo high a breach of privi-
lege, that they could not proceed upon any other matter
until they had firſt received fatisfaction from the upper
houſe.
THE next day Mr. Pym, in the name of the Com-
mons, gave the Lords to underſtand, that it was not their
province to meddle with the matter of ſupply till it
ſhould be moved to them by the Commons; that if they
had taken any notice of orders in their houſe concern-
ing religion, property, and privileges, that theſe were to
precede a fupply, that then they would freely join with
the Commons in thoſe things; but, for the future, they
1
* One Edward Bradshaw, for felling falfe protections, was by the
Lords committed to the Fleet, fentenced to ftand in the pillory at two
places, fined one hundred pounds, and fent to the houſe of correction
till he found fureties for his good behaviour; as he was a gentleman
born, they remitted the puniſhment of whipping. MS. Journ. of the
Lords, vol. I.
defired
}
CHARLES I..
·
335
defired them to take no notice of what fhould be debated Ann. 1640.
in their houſe till themfelves fhould declare it to their
lordships*. The Lords feemed at firft determined to re-
fent the free expoftulations of the Commons, but at
length became fenfible of their error, and acknowledged
the privileges of the Commons in this point, withal in-
treating them not to let their difference be an occafion of
wafting time; but that they would proceed in their own
way on the weighty affairs of the kingdom †. The manner
in which this acknowledgment was made being not full
enough, or in other particulars not pleafing to the Commons,
they were preparing a proteftation to be ſent up to the Houſe & feq.
of Peers, and to be entered in their own Journal, when
* In this difpute the Commons infifted, that the money-bills, after
they had paffed their Houſe, and were confented to by the Lords, ought
to be re-delivered, and by their fpeaker prefented to the King, as their
free gift and donation. Parl. Hift. vol. VIII. p. 462.
+ The Lords began the feffions with a very different fpirit from what
they fhewed in the important point of fupply. They objected to Man-
waring bishop of St. David's fitting among them; read over the decla-
ration of the Commons, and their own fentence againſt him; and put
that buſineſs into the hands of a committee; when the King fent to
affure them, that he had given command that Manwaring fhould not
fit in parliament, nor fend a proxy. The earl of Middleſex petitioned
them for leave to take his feat amongst them: This the houſe did not
this feffions determine in his favour, though the King had fent him a
writ of fummons. Thefe fpirited proceedings were pufhed on by the
popular party in the Houſe, but when affairs began to grow to a criſis,
and the miniſtry found it neceffary to make ufe of threats and pro-
miſes, thoſe peers who were by fortune and inclination entirely indepen-
dent of the court, found themſelves too inconfiderable a body to make any
oppoſition to that undue influence which prevailed in the upper houſe.
MS. Journals of the Lords, vol. I.
Clarendon,
vol. I. p. 106,
!
they
336
HISTORY OF ENGLAND.
Saturday,
May 2.
Ann. 1640. they received, by Sir Henry Vane fecretary of ftate, and
treaſurer of the houfhold, a meffage from the King, im-
porting, that he had by divers ways acquainted the houfe
with his urgent neceffity for a fupply, and had hitherto
received no anfwer; he did again defire them to give
him a preſent anfwer concerning this bufinefs *. After
a long debate on this meffage, the houſe came to no
other refolution than that the debate fhould be refum-
ed on Monday in the next week, and defired that his
majeſty might be acquainted with their determination.
On the day appointed for farther debate, they received
another meffage, to the following purport: That his ma-
jefty, the better to facilitate their refolutions, thought fit
to let them know, that of his grace and favour he was
pleafed, upon their granting twelve fubfidies, to be pre-
fently paffed, and to be paid in three years, with a pro-
vifo that it ſhould not determine the feffions, not only
for the preſent to forbear the farther levying of fhip-
money, but would alſo give way to the utter aboliſhing
it by any courſe that themſelves fhould like beft; and
for their grievances, his majeſty would, according to his
Parl. Hift.vol. royal promife, give them as much time as could be
now, and the next Michaelmas: He expected a preſent
and pofitive anſwer, upon which he might rely, his af
fairs being in fuch a condition as could endure no longer
VIII. p. 467.
1
* Clarendon tells us, that in one of the King's meffages to the Com-
mons he took notice of what had paffed in their Houſe concerning fhip-
money, and concerning the difference that fubfifted between them and
the Lords; a circumſtance which, this author admits, might have given
room for exceptions in point of privilege, the King not being allowed,
by the cuſtom of parliament, to obſerve on what paſſes in either Houſe
till the fame ſhould be declared by themſelves in due form.
delay.
:
CHARLES
337
I.
}
}
ނ
delay. It is affirmed by Clarendon, who was at this Am. 1640.
time a member of the lower houſe, that the majority of
the Commons feemed greatly difpofed to grant a fupply,
tho not in the fame proportion or manner as was dic-
tated in the King's meſſage *: Many obſerved, that to
purchaſe the releaſe of the impofition of fhip-money
would be acknowledging a right in the crown to exact
it; they wished that matter might be examined and de-
clared void, and then what they prefented to the King
would appear a gift, not a recompence. Every other
member in the houſe but thoſe who were fupported by
the court, excepted against the largenefs of the demanded
fum +.
>
-
THE affembly being greatly agitated by theſe two ob-
jections, they adjourned the debate till next day ‡, when
* This attempt to engage the parliament to buy off a tax the King
had no right to impofe, had fucceeded in Ireland.
+ Some men, who were thought to underſtand the ſtate of the na-
tion, affirmed in the Houſe, that the amount of twelve fubfidies was a
greater fum than could be found in all England; fuch was the happy
ignorance and inexperience of thoſe times, fays Mr. Hume, in regard
to taxes. Hume's Hift. vol. I, p. 241.
!
·
Theſe were the objections publicly declared; the private difcourfe
in the Houſe was in a different ftrain. The King, they ſaid, preffed the
neceffity of a ſpeedy fupply; yet if the meeting of the parliament had
not purpoſely been delayed till fo near the commencement of military
operations, there had been leifure fufficient to have redreffed all na-
tional grievances. Others plainly faid, that the King demanded fup-
plies to carry on a civil war; that the authors of thofe grievances of
which the Scots complained, and which had driven them into fuch de-
fperate courſes, were the caufers of the grievances under which the
Engliſh nation had long groaned; and the cutting off thofe incendia-
VOLRII.
•
X X
ries
338
HISTORY OF ENGLAND.
Į
“
*
{
Ann. 1640. Mr. Hampden, whofe patriotic exertions in the cafe of fhip
money, had obtained him an almoft-univerfal popularity,
obſerving the temper of the Houſe, very judiciouſly put a
queſtion that would meet with both the objections that had÷
been made to the King's meffage: Whether the houſe would
confent to the propofition made by the King, as it was con-
tained in the meffage? Hampden's queftion was called for by -
many; when Serjeant Glanville the fpeaker, who at this time
had fome dependence on the courtiers*, earnestly preffed
the houſe to comply with the King's request. He endea
voured to prevail with thoſe who thought the proportion
too large, by ſpecifying the ſmall fum which he himfelf
ſhould pay towards this tax out of a large eftate which
he poffeffed. In the warmth of his diſcourſe he could
not help flinging out fome fevere expreffions againſt ſhip-
money; which, notwithſtanding the zeal he had fhewed?
for gratifying the King, according to Clarendon, fhook:
his intereft at court. Glanville's fpeech having made
fome impreffion on the houſe, Mr. Hyde a lawyer, who-
was afterwrrds created earl of Clarendon, and who at
this time was eagerly looking towards preferment, being
intimate with Laud, and a favourite of that prelate on
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ries would be the only fafe, eaſy, and honourable cure; that what the
Scots had done for the recovery of their Liberty ought not to be deemed
illegal; that nothing could be more unjuft than to fubdue them to.
flavery by Engliſh forces, and would terminate in fupporting that
unlimited power which was fet up in England. Hume, vol. I. p. 241.
May's Hift. of the Parliament of England, ed. 1647, p. 60. Acherley's Bri-
tannic Conftitution, ed. 1727, p. 396.
* Glanville had been a great oppofer of the illegalities of the admi-
niſtration; but Whitlock tells us, he had engaged to be a good fervant.
to the King this parliament. Whitlock,. p..32.
--
account
F
CHARLES
339
I
<
account of his high-church principles*, objected to the Ann. 1640.
→queſtion put by Hampden, as a captious one, and pro-
pofed that it might be only put, "Whether they ſhould
give the King a fupply or not?" If that was carried in
"the affirmative, another queſtion might be put on the
proportion and the manner. Whilft the Houſe was di-
*vided between the different queftions propoſed by Mr.
Hyde and Mr. Hampden, fome calling for one, ſome for
*the other, Sir Henry Vane ftood up, and ſaid, "He could
affure the Houfe that the putting and carrying Mr. Hyde's
queftion could be of no ufe, for that he had authority to
tell them that the King would accept of nothing that
was not in the proportion and manner contained in his
meffage." Upon this the Houfe aroſe. The King being
told, that if they came together again, they would not
only endeavour to abolifh fhip-money, and other illegal
branches of the revenue, but declare a difapprobation of
the intended war againſt the Scots, haftily determined to the parlia-
diffolve them: This he did the next morning t.
ment, 5 May,
>
•
He performed fome fervices for the archbishop in the bufinefs of
raifing money towards the building of St. Paul's. He tells us, in the
Hiſtory of his own Life, that Laud's patronage procured him the coun-
tenance of all the judges at Weftminſter-Hall; and in another place of
this work, that the favour of the archbishop of Canterbury, the lord
Coventry, the lord-privy-feal, the lord-chamberlain, the lord Holland,
and other, perfons of intereſt in the court, made people think that he
would make what progreſs he deſired in his profeffion. Life of Claren-
don, ed. 1761, vol. I. p. 27, 60, & feq.
+ Such was the King's fear that the Commons would proceed to fome
fpirited declaration, that he fent for the ſpeaker in the morning before
the Houſe met, and would not fuffer him to go out of his fight till after
he had diffolved them.
Diffolution of
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AFTER
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HISTORY OF ENGLAN D.
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Ann. 1649...
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"
AFTER many gracious expreffions to the Lords on the
complaifant part they had acted this feffions, he told
them, "That the Commons had infifted much on grie
vances; that there might be fome, but he could con-
fidently affirm that there were not by many degrees fo
many as the public voice did make; that out of parlia
ment he ſhould be as ready, if not more willing, to
hear any juſt grievance, as in parliament. There is one
thing, added he, much ſpoken of; I mean as to matters
of religion; concerning which, albeit, I expreffed my-
felf fully the laft day in this place: Yet I think it fit
again to tell you, that as I am concerned, fo I fhall be
moft careful to preferve that purity of religion which, I
thank God, is fo well eſtabliſhed in the church of Enge
land; and that as well out of as in parliament, I will
end as I have begun, in giving your lordships thanks for
the care you have of my honour and affairs, defiring:
you to go on, and affift me in the maintaining of my go-
vernment, and the liberties, of my people, that they now,
ſo much ſtartle at: For, my lords, no king in the world
fhall be more careful to maintain the property of their
goods, the liberties of their perfons, and the true religion,:
than I fhall be.Ӭ
*
•
IT must be owned, that this fpeech carries with it
ftrong marks of that obftinacy of opinion which is fo
glaring in the character of Charles, at the fame time.
that it fully fhews that falfe light in which he viewed
all the illegal meaſures he had purfued; a delufion
which muſt ever have prevented him from correcting.
the errors of his government. He was certainly fincere.
when he declared himſelf ready to redreſs any juft
grievances
10
GHA
CHARL
341
RL E S I
.
*
:
grievances out of parliament; becauſe he did not reckon Ann. 1640.
impofitions, or the enlarged power of the arbitrary courts;
under the denomination of juft grievances. He spoke
>
•
+
with truth when he faid he ſhould be careful to preferve
the purity of the church of England; for he thought
that confifted in the power and grandeur of prelates, and
thoſe innovations which had with fuch feverity been im-
pofed by Laud. It was in this view of things that he ſo
often promiſed, by the lord-keeper, that if the Commons
would grant him a fupply he would not be deaf to their
reaſonable demands; but certainly thoſe reaſonable de-
mands would have been reduced to fuch a trifling, equi-
vocal clafs of grievances, that the miniftry might have
parted with them on much eaſier terms, than a ſupply:
fufficient to reduce the Northern dominions to the defired
ftate of flavery. It would have been the utmoſt folly in:
the Commons to have put out of their hands the only
weapon with which they were armed to defend them-
felves and..the conftitution againſt the venom of thoſe
arbitrary principles which had viſibly taken deep root in
the King and his council; yet, according to Clarendon's.
account, the King had the majority of this parliament in
his favour, and the partizans of Liberty were obliged
to have recourſe to art to prevent a good underſtanding
from fubfifting between the court and the Houſe of:
Commons.
:
THE heads of the popular party being fenfible that
all was at stake, and having perhaps entered into deep
communication with the Scotch covenanters, like men.
who had every thing to lofe, were anxious for the fuc-
cefs of the event, though the odds were viſibly in their
·
favour.
t
342
HISTORY OF ENGLAND.
Ann. 1640. favour.
&
+
>
·
+
{
It is alſo reaſonable to believe, that they ex-
erted all their abilities to bring on conclufions that would
diſappoint the hopes of their enemies; and that they re-
joiced in the diffolution of an affembly which did not
appear properly affected with the preſent fituation of af-
fairs, or properly warmed against the fpoilers of public
Liberty *.
But can it be imagined, that an English Houfe
of Commons, who all this reign, and the greateſt part
of the preceding one, had fo vigorously defended their
own peculiar privileges, and the liberties of their coun-
try, had fo magnanimoufly and refolutely withftood both
the threats and entreaties of the court, and ftrenuouſly
maintained that conftitutional maxim, "No redrefs of
grievances, no money" Can it be imagined, that, after
they had declared their liberties violated in the moft ef-
fential point, by the tranfactions immediately preceding
the 'diffolution of the laſt parliament, and by the fucceed-
ing imprifonment of their members, after an almoft
twelve years intermiffion of parliaments, at a period
when defigns were manifeftly formed for the entire fup-
preffing the liberties of the nation: Can it be imagined,
:
፦፦
น
* Clarendon relates, that within an hour after the diffolution of the
parliament, he met Mr. St. John, that eminent lawyer who had pleaded
fo ably for Mr. Hampden in the cafe of fhip-money; that though Mr.
St. John had naturally a cloudy afpect, he then wore a moſt chearful
one, and perceiving that Mr. Hyde was melancholy, he afked what
troubled him? Hyde replied, the fame that troubled him, he believed,
troubled moſt good men; that in fuch a time of confufion, fo wife a
parliament, which alone could have found remedy for it, was fo un-
feafonably difmiffed. Mr. St. John anſwered with fome warmth, that
all was well; that things must be worfe before they could be better;
that parliament could never have done what was neceffary to be done.
Clar. Hift. vol. I. p. 110, & feq.
:
#
1
31 Jay,
CHARLES I.
343
fay, that they would fo bafely degenerate from the vir- Ann. 1640,
tue of preceding affemblies, as to become dupes to the
very men who had been the moſt criminally inftrumental
in altering the nature of the government, and rivet their
own fetters by impofing chains on the Scots? :
:
:
"
THE temper with which the counfels of this parlia- -
ment had been conducted, is no well-grounded affurance
of its flexibility in this point, fince other parliaments
that have begun with great moderation have ended with
rigor. The King, on being affured that the Commons
were on the point of granting him a ſupply, immediately
repented a meaſure which he had been hurried into by
the fury of the Queen and archbiſhop Laud*, as well as
by the intemperateness of his own difpofition, and the
artful infinuations of thoſe of his attendants † who wiſhed i
well to the popular caufe...
✔
•
* Clarendon tells us, that on his hearing fome difcourfe among the
courtiers as if the King would diffolve the parliament, he went over to
Lambeth to his friend the archbishop, and earneftly perfuaded him to
ufe his influence with the King to prevent the diffolution of a parlia-
ment as well conftituted and difpofed towards the prefent government
in church and ftate, as ever Houfe of Commons was or would be;
that the number of the difaffected was very finall; and though they
might obftruct for fome time the quick refolving of what was fit, they
would never be able to pervert their good inclinations and defires to
ferve the King. This affurance of the difpofition of the Houſe had no
effect on the archbishop, who peevishly anfwered Mr. Hyde, " that he
had not fo. good an opinion of the affection of the Houſe as to perfuade
their longer fitting if the King was inclined to diffolve them." Claren-
don's Life, vol. I. p. 74, & feq.
It is faid that Hamilton, who about this time obtained the releaſe
of Lowdon, out of tender.regard to his country, promoted the diffolu-
tion of the parliament.
SIRE
3.44
HISTORY OF ENGLAND.
Ann. 1640.
SIR Henry Vane did not efcape cenfure on this occa
fion: He has been accufed of demanding twelve fubfi-
dies; and afterwards, without proper authority, affert
ing to the Houfe, that the King would not accept of lefs.
This ftateſman had been long at enmity with the earl of
Strafford, who had lately highly offended him by infift-
ing on being created baron of Raby, a houſe then be-
longing to Sir Henry Vane. It is fuppofed therefore, that
he was induced to act this politic part in order to dif-
folve a parliament whofe conduct did not promife vigor
enough to bring to juftice the culprits of the ftate, among
whom Strafford ftood the foremoſt in almoſt every man's
opinion. Though private enmity, and other mean paſ-
fions, are too often the motives that induce men to ac-
tions leading to public utility, yet from feveral circum-
ſtances it is probable, that this charge againſt Sir Henry
Vane was without foundation, and proceeded entirely
from the rancor of a diſappointed faction; fince, as it is
obſerved by a very judicious hiftorian now living, that
meffages of confequence are always delivered to the Houſe
in writing, after they have been thoroughly debated in
the cabinet. When Vane affured the Commons, that
Clarendon, lefs than twelve fubfidies would not be accepted, he was
v vol. 1. p. 109.
feconded by Herbert the Queen's folicitor, whofe beha-
viour, through the whole feffions, had fhewed him a very
officious tool to the court. Add to this, the privy-
counſellors were all prefent, and not one of them op-
poſed or contradicted what had been advanced by the fe-
cretary. It is to be imagined, that Vane, and many
others of the King's fervants who wiſhed to ſee revive
in their country the almoft-extinguiſhed fire of Liberty,
were far from exerting themſelves to effect a good un-
derſtanding
Guthrie,
vol. III.
P: 977•
·
:
"
نو
;
:
C
HARLES I
345
derſtanding between the King and Commons; but that Ann. 1640.
he ſhould not have authority to juftify him in what
he fo confidently afferted is difficult to believe, fince his
enemy Strafford, a man of a moſt implacable difpofi-
tion, would not have miffed fuch an opportunity to
have obtained his immediate difmiffion from the King's
fervice.
vol. III.
CHARLES attempted to apologize, in a declaration to Rufhworth,
the public, for this fourth premature diffolution: As p.1160,&feq.
ufual, he laid the blame of what had happened on a
few feditious perfons in the lower houſe of parliament,
which affembly, he faid, he had called together, hoping
that time and experience had made his loving ſubjects ſen-
fible of the distemper the whole kingdom was like to be
put into by the ill-governed actions of thoſe men. The
declaration ends with an invitation to the ſubjects who had
any juft caufe of grievances to addrefs themſelves by hum-
ble petitions to his facred majeſty, who would give ſuch
fitting redreſs that his people fhould have juſt cauſe to
acknowledge that no perfons or affemblies could more pre-
vail with his majeſty than the piety and juftice of his
own royal nature, and the tender affection he did and
ever ſhould bear to all his people.
}
2
*The King, when he began to reflect on the fituation of his affairs
after the diffolution of the parliament, blamed Sir Henry Vane, and
faid, that he knew well that the reputation of his fubjects affifting him
in that conjuncture was all that he defired. This is no contradiction to
Sir Henry Vane's having a proper authority for what he afferted in the
Houſe; fince it might have been refolved in the cabinet, that lefs than
twelve fubfidies would not fupply the neceffity of affairs, or be a fit
recompence for the abolition of hip-money; and Sir Henry Vane might
juſtify himſelf on that refolution. Clar. vol. I. p. 11.
VOL. II.
Y Y
THIS
;
$
1
·3.46
Ann, 1640. :
HISTORY OF ENGLAND,
4
THIS declaration, intended to conciliate the affections
of the public, is written in the ftyle of an Eaftern fove
reign. The King's pretenfion to be the fole judge and
the fole redreffer of grievances is, perhaps, as great an
infult as ever was put on a free people, who had claim
to any kind of legiflative capacity, or to any protection
from the authority of their laws. Charles, in declaim...
ing on the ill conduct, as he termed it, of the parlia-
ment, fully expofed the unconftitutional notions he had:
conceived of the nature of that affembly; and his grofs
ignorance of the many inftances in the annals of the
Engliſh monarchy, in which they had exerted very ample:
authority, remonftrated with their princes in the freeft
manner, and refufed fupplies when thoſe remonftrances
were not properly regarded. "Whereas, faid he, theſe
meetings and affemblies of his majeſty with the Peers
and Commons of this realm were, in their firft original,
and in the practice of all fucceeding ages, ordained and
held as teftimonies of affection between the King and
his people; the King, for his part, graciously hearing
and redreffing fuch grievances as his people in humble
and dutiful manner fhould reprefent unto him; and the
fubjects, on their part, as teftimonies of their duty, fup
plying his majefty upon all extraordinary occafions, for
ſupport of his honor, and fovereignty, and for preſerving
the kingdom in glory and fafety. Thoſe ill-affected
members of the Houfe of Commons, inftead of an hum-
ble and dutiful way of preſenting their grievances to his
majefty, have taken upon them to be the guidés and di-
rectors in all matters that concern his majefty's govern-
ment, both temporal and ecclefiaftical; and, as if. Kings
were bound to give an account of their regal actions,
and
X
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1
[
❖
CH
HARLES I.
347
and of their manner of government, to their ſubjects af- Ann. 1640.
fembled in parliament, they have, in a verý audacious
and infolent way, entered into examination, and cenfur-
ing the prefent government, traduced his majeſty's admi-
niftration of juftice, and, as much as in them lay, ren-
dered odious to the reft of his majeſty's fubjects not only
the officers and minifters of ftate, but even his majefty's
government itfelf; which hath been fo juft and gra-
cious, that never did this or any other nation enjoy more
*bleffings and happineſs than hath been by all his ma-
jefty's fubjects enjoyed ever fince his majefty's accefs to
the crown *"
>
}
HAD the people of England been ever fo ignorant of
their rights and privileges, had they been ever ſo much
inclined to take the King's word for the fuperlative nature
of his royal power, yet fair promifes without actions
would not have been a remedy for that general diffatis-
faction which blazed out on the diffolution of the parlia-
ment, a meaſure which convinced the public that the re-
drefs of their fufferings depended entirely on their own
vigor and refolute oppofition to the malice and power of
their governors.
THE very day after the diffolution of the parliament, Acts of
the houfes and perfons of the lords Warwick and Brook power.
The exordium to this declaration is as follows: The King's moſt
excellent majeſty well knoweth, that the calling, adjourning prorogu-
ing, and diffolving of parliaments, are undoubted prerogatives, infe-
parably annexed to his imperial crown, of which he is not bound to
render any account, but to God alone, no more than for his other regal
actions." Rushworth, vol. III. p. 1160, & feq.
Yy 2
were
348
•
HISTORY OF ENGLAND.
?
Ann. 1640. were ſearched for papers. Henry Bellaffis, knight of the
fhire for the county of York*, and Sir John Hotham, were
called before the council, and not making fatisfactory
anfwers to interrogations concerning paffages in the late
parliament, were committed to the Fleet. John Crew
Efquire was fent cloſe prifoner to the Tower, for refufing
to deliver up the papers that came into his hands, whilft
chairman for the committee of religion, and thus fcreen
ing from difcovery the names of fubfcribers to petitions
which complained of innovations in religion, and the
proceedings of the High-commiffion court t. Contrary
to the almoſt unvaried cuftom of the ecclefiaftical affem,
blies, which ever broke up with the parliament, the
Convocation convocation continued to fit: They not only exerted a
very dangerous independency by granting, without the
fanction of parliament, a benevolence to the King of
four fhillings in the pound for fix years; made canons
continues to
fit.
* The fame whom Wentworth had formerly profecuted for not mak→
ing him a bow.
He was committed without any caufe being expreffed in the war-
rant. Rushworth, vol. III. p. 1168.
Finch, Mancheſter, Littleton, and other court-lawyers, gave it as
their opinion, that the convocation called by the King's writ was not
to conclude but by the King's writ, though the parliament fhould be
diffolved. They continued, therefore, to fit as a convocation, and the
King granted them a new commiffion to frame canons. Heylin's Life of¹·
Laud, p. 429, & feq.
§ Several of which were contrary to the fundamental laws of the
kingdom, the liberty and property of the ſubject, and the right of
parliament. One canon was againſt Popish recufants; another exacted
the new ceremonies of placing the communion-table, and approved the:
bowing towards the Eaft; another condemned all fectaries to the
fame penalties mentioned in the canon againſt Popish recufants, and
all
፡
CHARLES I.
349
approving the new ceremonies of placing the commu- Ann. 1640.
nion-table, and bowing towards the Eaft; but framed
•
·
all thoſe to be excommunicated who ſhould make, import, print, pub-
liſh, or diſperſe, any book or writing againſt the diſcipline and govern-
ment of the church, and thoſe who ſhould maintain or abet any opi--
nion or doctrine againſt the fame, and all thoſe who reforted not to
church to join in public worſhip of God, but were content to hear fer-
mons only; a third ordained, that all ſhould be puniſhed who did not
keep holy, and come diligently and reverendly to church, the day of
his majeſty's moſt happy inauguration; a fourth concerned regal power.
Here Laud's rage and oppofition to the Scots, the paffion now upper-
moft in his breaft, occafioned him to allow in this canon; that the care
of God's church was entirely committed to kings; that if in the firſt
times of Chriſtianity prelates uſed this power, it was only becauſe in
thoſe days there were no Chriftian kings; and in cafe it was re-
quired, they were to fubmit their lives even to Pagan princes. For
any perſon or perſons to fet up, maintain, or avow, any independent
power, either directly or indirectly, to undermine the great royal of
fice, was to overthrow the moft facred ordinances which God himſelf
had ordained, was treaſonable againſt God, as well as againſt the King.
For fubjects to bear arms againſt their King, offenſive or defenfive, was
to refift the powers that were ordained by God; and though they did·
not invade, but only refift, as St. Paul tells them plainly, they fhall re-
ceive to themſelves damnation. This canon eftabliſhed every part of
Sibthorp's doctrine; refolved all diftinctions of regal power into the
abfolute monarchy of the Roman empire; and afferted, with a blaf-<
phemous extravagance, that Chrift came into the world to confirm fuch
tyrannies. In the preamble of the canon, it was required to be read
upon fome one Sunday in every quarter of the year; the minifter was
to be fufpended on neglect; and no biſhop, prieft, or minifter, was to
prefume to ſpeak of his majeſty's power any other way than was ex-..
preffed in the canon; all perfons who ſhould maintain any point or doc-:
trine contrary to the faid propofitions and explications, were to be pu-
niſhed with excommunication and a fufpenfion of two years, for the firft.
offence, and deprivation for the ſecond.
A
'
The convocation had taken other things into deliberation; fuch as.
a pontifical, which was to contain the form and manner of the King's
coronation, to ferve for a rule on the like.occafions; a form to be ob
ferved:
.
1
350
HISTORY OF ENGLAND.
Ann. 1640. an oath to be impoſed on the clergy and graduates of
{
the univerfity; by which they were to fwear they ap
proved the doctrine and diſcipline of the church of Eng-
land, and that they would maintain its government by
archbiſhops, biſhops, deans, chaplains, &c. This oath,
་
ſerved in the confecrating holy places; and a third for reconciling pe-
nitents who had done open penance, or who had revolted from the
faith; a fourth for confirmation; and a fifth for ordaining bifhops,
prieſts, and deacons. Laud alſo had made a motion for the new print-
ing the Common-Prayer in the Latin tongue; but theſe things could
not be brought to conclufion, for their fitting occafioned ſuch diſturb-
ance and clamour, that they were obliged to rife before they had per-
fected their work.
Among the arbitrary canons framed by this convocation is one enti-
tled, "Concerning Licences to marry." It contains the fame reftric-
tions in granting licences which have been fince adopted with addi-
tional rigor by the legislature, and univerfally complained of as a grie-
vance; viz. that one of the parties fhould be refident a whole month
in the juriſdiction of the ordinary immediately before the licence was
demanded: As the law now ſtands, one of the parties muſt be refident
a month in the parish where they are married, immediately before the
ceremony is performed.
This convocation was nominated the moft holy and facred fynod.
Laud opened it with a ſpeech in which he told the members, they were
much indebted to the King for empowering them with a privilege they
had not enjoyed for many years, the altering and making canons for
the better government of the church. All the clergy who from fear or
confcience abfented themſelves from this affembly were punished for
contumacy, and the bishop of Glouceſter, becauſe he would not avow
that he willingly fubfcribed to the new-made canons, was fufpended
from his ecclefiaftical function, and committed to the Gatehoufe. Be-
fides the canons which have been already mentioned, there was one
which ordained the obfervation of thofe abfurd articles which had been
lately introduced at vifitations. Heylin, p. 439. Fuller's Church Hift.
book XI. p. 168. Nalfon, vol. I. p. 371, & feq.
* The minifters were enjoined by the bifhops to take this oath kneel-
ing. Fuller's Church Hift. book XI. p. 171.
which
1
CHARLES I.
35.1.
which was defigned to make the ecclefiaftics of England Ann. 1640..
as much independent of the legislative power as the
Scotch covenant, fo much condemned by Laud, had made
their church, was confirmed and approved by Charles,
but met with infurmountable oppofition from every other
quarter. It was looked on with abhorrence by fome, be-
cauſe in their confciences they did not approve of the
prefent doctrine or difcipline of the church; by others,
becauſe they eſteemed fuch an impofition, not ratified by
conſent of parliament, illegal; and an oath which con--
tained an et cætera in the middle of it was ridiculed by
every one. On the prolongation of this ecclefiaftical af-
fembly, the King declared in council, that he had granted
fuch a commiffion for the remedying all juft grievances,
according to his gracious fpeech at the diffolution of the
laft parliament. All the forementioned canons were con-
firmed by letters-patent under the great feal of England,
with a command that they ſhould be read by the mini-
fters in the time of divine fervice; and that all who had
ecclefiaftical jurifdiction fhould take fpecial care that the
faid canons were in all points duly obferved, not fparing
to execute the penalties in them feverally mentioned, cn
all wilful tranfgreffors *. The difgufts which the people
had taken at the continued fucceffion of oppreffive acts.
of power, obviously contrary to the dictates, as well as
*The ratifying the illegal ordinances of this affembly; the act of
violence on the lords Brook and Warwick, in fearching their ſtudies.
and pockets for papers; with the unlawful commitment of the late
members of the lower houſe; were, according to Charles's fenfe of the fe
matters, an entire fulfilling the promiſes he had made of remedying
juſt grievances, and taking a proper care of the liberties of the fubject.
Rufpworth, vol. III. p. 1172.
the
;
3·5 2
HISTORY OF ENGLAND.
20
Ann. 1640.
Whitlock,
...P. 33.
"Rushworth,
vol. III.
p.1173,1182.
·
the ſpirit of the conftitution, were now come to matu
rity, and ſymptoms began to appear which threatened vi-
olent convulfions in the body politic. A large number of
apprentices, with others of the lower fort, befet the arch-
biſhop's houſe at Lambeth, and one of them, only be
cauſe there happened to be a drum in company, was
taken and tried for treafon, and, on the ftatute of 25 Ed.
III. condemned, and accordingly hanged, drawn, and quar-
tered, and his limbs fet on London-Bridge. Notwithſtand-
ing this fevére example, the King was obliged to appoint
both horfe and foot to fecure the paffages about Lambeth,
and guard the convocation, with a double guard to pre-
ferve them from the fury of the populace. A body of
two thouſand people entered St. Paul's cathedral, where
the High-commiffion court fat, and pulled down the
benches, crying, "No High-commiſſion!´ no biſhop ""
Y
1
SHIP-MONEY was every where difputed; the Theriffs
were not only threatened by the council, but the attor
ney-general was required to fend for the ſheriffs of the
counties of London, Middlefex, York, Berks, Surry, Lei-
cefter, Effex, and Northampton, to examine them, and to
proceed againſt them as he fhould fee caufe for their
contempt in fo important a fervice. The court and city
entered into clofe cabals. The King had his private
juntos, of which Sir Henry Vane, notwithſtanding Cla-
rendon's affertion that he was at this time fufpected of
treachery, was always one *; and the heads of the dif
?
+
►
i
* As a farther proof that a confidence was at this time, placed in Sir
Henry Vane, Charles, having a fufpicion that his fecret counfels
betrayed, iffued out a ridiculous commiffion to Sir Henry Vane, and
other his chief counsellors, to examine and enquire, by depofition of
witneffes
CHARLES I.
353
#
contented party had their meetings and councils with Ann. 1640.
*the agents of the covenanters. The King was now ob- Impofitions.
liged to have recourfe to his power to fupply his urgent
+
* neceffities; the money the convocation had granted him,
amounted to an hundred and twenty thousand pounds *:
But this, with the fum he had raiſed from his other
friends and dependents, being not fufficient to defray
the expence of the great preparations that were mak-
ing againſt the Scots, he attempted to force the city of
London into a loan of two hundred thouſand pounds.
The rifing fpirit of Liberty repelled the attack, and the
•
"witneffes upon oath, who were the people that revealed the King's fe
-crets. Guthrie. vol. III. p. 981. Nalſon, vol. I. p. 344.
* It is faid that the King found friends enough in the kingdom to
raiſe a fubſcription of three hundred thouſand pounds; but perhaps this
fupply, mentioned by ſeveral authors, is no other than the loan raiſed
previous to the meeting of the parliament; becauſe had he had in-
tereſt enough in the kingdom to obtain two fuch large ſubſcriptions,
he could not have been in the diftreffed circumſtances which it is very
<certain he was in at this time. Northumberland writes to the earl of
Leiceſter, that notwithſtanding the unhappy breach of parliament, the
King defigned to levy an army of thirty thouſand foot and three thou-
fand horfe: But, adds he, I cannot learn by what means we are cer-
tain to get one fhilling to pay the expence. It grieves my foul to be
engaged in fuch counfels." It is worth obferving, that fuch was the
diffipation of the English court, that at the time when Charles was in
great ftraits, when preparations were making for a war againſt the
Scots, the King and Queen began to practiſe a maſk: Northumberland
writes to the countefs of Leicefter, "I affure you their majefties are
¹ not leſs buſy now than you have formerly feen them at fuch exerciſes ;"
and in another place, "The King is daily fo employed about the maſk,
-that till that is over we fhall think of nothing elſe.". Fourteen hundred
pounds was appointed for the charge of one of theſe entertainments.
Sydney's State Papers, vol. II. p. 531, 621, 629.
VOL. II.
Z z
King
1
354
HISTORY OF ENGLAND.
†
་
Ann. 1640. King was obliged to content himſelf with the pitiful, yet
dangerous, revenge of impriſoning three aldermen for
refuſing to collect the names of thoſe who were able to
contribute towards the demanded fum; and profecuting
in the Star-chamber the lord-mayor and aldermen for
not diftraining citizens who had not paid fhip-money *.
The bullion in the Tower was feized, and forty thoufand
pounds forcibly borrowed from the merchants to redeem
the reft. All the pepper was bought of the Eaft-India
company upon truft, and fold again at a great diſcount
for ready money t. The refolution of debafing the coin,
by mixing two or three hundred thouſand pounds of
copper money with a fourth part filver, was with diffi
culty diverted by a very ftrenuous difcourfe of Sir Tho-,
mas Rowe, in which he ftrongly reprefented the many
inconveniencies and fatal confequences that might fol-
low. Coat and conduct-money was again exacted ‡; and
the city of London was ordered to furnish it for four
thouſand men. Knighthood-money was fet on foot,
with the commiffion of array, and thofe who held lands
in capite of the King, were fummoned to fend men, horfes,
and arms..
Rufhworth,,
vol. III.
p.1188, & feq.
➡
3
*An order was at this time iffted to take the fword from the lord
mayor. Memoirs of Edmund Ludlow, ed. 1721, P. 4.
+ The thought of a cross-marriage with the court of Spain was
again renewed, and an attempt was at this time made to procure a fum
of money from that king, Sydney's State Papers, vol. II. p. 655.
The payment of it was almoft every where refufed; and innume
rable warrants were fent from the council to commit refractory perſons,
and conftables and lower officers who had neglected to make returns.
Rushworth, vol. III. p. 1202, & seq..
1
THESE
Chei
}
CHARLES
i
I.
355
THESE various exactions occafioned a repreſentation Ann. 1640.
from the deputy-lieutenants, fetting forth, that the gentry
-did not know which fervice perfonally to apply themſelves
to; that which the commiffion of array required, name-
ly, the putting the trained bands in a readineſs to march,
or the other according to efcuage, and tenures in knight-
ſervice; and defiring to be informed how the money
ſhould be raiſed for the charge of the faid bands and
forces, when required to march. The council folved
theſe difficulties by the following directions: That the
fervice impofed upon the trained bands and other forces,
were to be performed by every man in his own perfon;
for the attendance on his majefty, required by the other
proclamations, according to the tenures in knights-fer-
vice, it might be done by deputy, or elfe by way of
compofition; and for the difficulty how to provide for
the charge of the forces, when they ſhould march,
they were to ferve at their own expence *. If the no-
blemen and gentry fhewed a kind of timid reſiſtance to
oppreffions that were every day multiplying, the brave
and ſpirited commonalty continued to exhibit ſymptoms
of a more formidable difpofition. Mutinies arofe among
the foldiers; they openly avowed diftafte to the cauſe Rushworth,
for which they were to fight, ran from their colours, and vol. III.
läid violent hands on ſeveral of their commanders, whom P-1194,&£q.
they fufpected to be Papifts †. Such was the general ap-
:
Theſe warlike preparations were required to be fo entirely at the
expence of the fubject, that they were obliged to buy all their gun-
powder at an exceffive rate of the King.
In the orders of the privy-council concerning thefe are complaints
that the deputy-lieutenants, and others to whom that buſineſs apper-
tained,
Zz2
356
HISTORY OF ENGLAND."
Ana. 1640. pearance of affairs in England; an appearance which›
might ſtrike terror to a lefs guilty adminiftration!
WHILE the King and council were thus bufied, the
Scots had not been idle in reforming the abufes of church
and ſtate, and making neceffary preparations to defend
their pretenfions*. Their parliament having been pro-
rogued till the fecond of June, on that day they affem-
bled. The King fent down an order for a fecond pro…….
rogation; but there being a deficiency of form in the
commiffion by which it was to be executed, the parlia
ment made ufe of this omiffion to finish their bufinefs ::
After pafling feveral falutary acts, they entered into
a bond for adhering to them, and profecuting the in-
cendiaries of the kingdom. They raiſed a more nume-..
rous body of troops than they were able to bring into the
field the laſt year, and exacted a tenth penny throughout
the land; large fums were borrowed upon truft, and the
Scotch-women, imitating the Roman matrons on a like
memorable occafion, gave up their jewels and ornaments:
to fupply the neceffity of their country. The Scotch
army, though more numerous, was fooner ready than
+
.
tained, were fo backward in affifting the officers in puniſhing and reduc-.-
ing the mal-contents, and in the raifing of hue-and-cries for the appre-
hending thoſe who ran away, that they ſeemed to foment, rather than
endeavour to fupprefs thefe mutinies. Rushworth, vol. III. p. 1191.
* So powerfully did the fpirit of order and unanimity reign among
this people during their ſtruggles for Liberty, that though neither coun--
cil nor feffions, nor any other regular court of judicature fat, and though
their meetings were very numerous, yet they had not been difturbed
either with tumult, riot, or excefs of any kind. Scots Declaration, Nak
fon, vol I. p. 521.
the
:
Į
+
}
al
&
357
CHARLES
1.
!
-
the King's: They befieged and took Edinburgh-caſtle, Ann. 1640..
and then marched towards the borders of England, un-
der the command of general Leſley.
-
>
THE army that Charles had raiſed to oppofe them con--
fifted of twenty thousand foot and two thouſand horſe.
All the generals which had ferved in the laſt campaign
were laid afide, becauſe they were not in friendſhip
enough with Strafford, who was the foul of this bufi-
The
nefs *, to enter with alacrity into all his counfels.
earl of Northumberland, who, though a great favourite
both of Strafford and Laud, had conducted himſelf in
a manner not to have loft all popularity, was for this
reafon appointed general. Strafford, after having raiſed
eight thouſand men in Ireland, which he left to the care
of his creature, the earl of Ormond, came over from that
country to command as lieutenant-general; and the lord
Conway, a great debauchee, notwithſtanding his charac-
ter as a foldier had fuffered in the expedition to the iſle
of Rhee, was, from the fole merit of being devoted to›
the court, and talking to Laud of church-matters in his›
own ftyle, appointed general of the horſe..
vol. III.
AMONG the other advantages of the Petition of Right,
it had aboliſhed court-martials, and the lawyers, who Ruffworth,
now began to think the day of reckoning might be near, p.1199,&feq.
had declared, that martial-law could not be exerciſed till
the Scots had invaded England. The generals, notwith-
ftanding this, had executed à mutineer, and applied for
*It was by Strafford's advice, that the generals who ſerved in the
laft.campaign were laid afide. Lloyd's Worthies, p. 29..
a par
}
f
358
HISTORY OF ENGLAND.
Ann. 1640. a pardon to the crown.
44
2.1.
On this occafion the forward
Conway gave it as his advice, that the King fhould grant
a commiffion for the execution of martial-law, on his
own authority; and if any lawyer was fo imprudent as
to diſcover the fecret of its illegality to the foldiers, it
would be neceffary to refute him, and hang the lawyer
himſelf by the fentence of a court martial: "For, faid
he, the foldier may bring the country to reafon on their
diſobedience in regard to fhip-money, but who ſhall com-
pel the foldier?'"
NORTHUMBERLAND fo much diftafted the being called
forth to act the moft confpicuous part in a bufinefs which
no good man in the kingdom reliſhed, that he made ufe
of a flight indifpofition to declare himſelf totally unfit
to perform the offices of his function *; and Strafford,
tho' really in an ill ftate of health, but too much in-
tereſted to be inactive, exercifed the fupreme command
in his ftead, but ftill with the title of lieutenant-general;
not caring, in this critical juncture, to affume that of
general, becauſe of the extreme envy and popular odium
that attended him.
•
፡
*Whilft affairs carried a different appearance, he attached himſelf
to Strafford and Laud, and had the art to infinuate himſelf ſo much into
their good graces as to make them the means of obtaining what he de-
fired of the King. Nevertheless, he had a diſlike to both his benefac-
tors: He writes flightingly of Strafford; and of Laud he fays, << That
for a man to think well of the reformed religion was enough to make
that prelate his enemy." When the popular party began to grow for-
midable, he withdrew himſelf from the ftate-cabal, and engaged with
the oppofite faction. Sydney's State Papers, vol. II. p. 623.
-+
THE
C H A R L E S
359
I.
A
army enters
THE Scots, notwithſtanding their warlike equipage, Ann. 1640.
continued to preſerve the utmoft decorum of language
and manner. On their entry into England, they dif- The Scotch
perfed two large remonftrances: In theſe they fet forth, England.
in a ſtrong manner, the nature of their provocations.
They had not only for many years patiently fuffered,
they ſaid, the tyranny and infolence of prelates, and
their continual oppofition to the truth and power of re-..
ligion, but alſo the violation of all their liberties, and al-
moft the total fubverfion of their religion; that when
grofs Popery was obtruded upon them in the book of
Canons and Common-Prayer, their petition to the King
on this head was utterly rejected, and they forbid to in-
fift under the pain of treafon; that when nothing lefs
than a total fubverfion of all their liberties would fatisfy
the pride and malice of their enemies, and when the King
was marching towards them with a great army, rather
than fall in ſeeming diſobedience to their fovereign, or
give the fmalleft diftafte to their brethren in England,
they complied. fo far with his majeſty's pleaſure, that,
notwithſtanding the determinations of their lawful af
fembly, they were contented that a new free aſſembly
and parliament fhould be appointed, where all things
concerning their religion and liberties might again be
confidered and eſtabliſhed: But when, according to the
articles of pacification, matters ecclefiaftical were deter
mined in the affembly, according to the conftitution of
the church, and his majeſty's high commiffioner had
promiſed to ratify them in parliament, the parliament
convened for perfecting the work was prorogued, contrary
to the laws and cuftoms of the kingdom; war was de- -
termined againſt them at the council-table of England,
without.
360
HISTORY OF ENGLAND.
:
Ann. 1640. without hearing what their commiffioners had to ſay in
their defence; the petition of their parliament was re
jected; their commiffioners reſtrained; one of their no
blemen impriſoned; garriſons of ftrangers fet over them,
who had exercifed cruelty even againſt women and chil-
dren; their fhips and goods taken and funk*; their own-
ers ſtripped naked †, and more cruelly ufed by the fub-
jects of their own King than by Turks and infidels;
great armies prepared againſt them, with a terrible com-
miffion to fubdue and deftroy them, their Religion, Li-
berty, and Laws.
+
•
THESE their intolerable evils and provocations, they
faid, proceeded from the biſhop of Canterbury, the lieu-
tenant of Ireland, with the Hifpaniolifed Papifts, a too
powerful faction in England, who had driven them to the
neceffity of this invafion, to ftir up the Engliſh againſt
them, that they might with their own fwords extirpate
their religion, and be made the authors of the flavery of
both nations: The purſuing thefe incendiaries, and de-
manding juſtice againſt them of the King and parliament
of England, was not coming againft England, as their
enemies would infinuate: That there could be no juſt
cauſe of a national grievance, feeing the kingdom of
England, convened in parliament, had refuſed to contri-
bute to any fupply against them; and this when the par-
* Their ſhips were arreſted in the ports of England and Ireland. In
their remonftrance they fay, that they forbore to make repriſals on the
fhips and goods of their dear brethren in England. Monteth's Hift. of
the Troubles of Great Britain, p. 55.
+ The garrifon of the caftle of Edinburgh committed acts of hofti-
lity upon the city and its inhabitants. Id. ibid.
liament
>
3
CHARLE
R LE S I.
361
Hament of Ireland had offered their perfons and eſtates Ann. 1640.
4
for that purpofe; when all plots and policies were fet
to work; when public declarations by authority were
made; when they were proclaimed traitors and rebels.
at every pariſh-church *: Yet, fo wife, fo grave, ſo juſt
was that high court of parliament, that no threatenings
nor fears, no promiſes nor hopes, no fineffe nor cun-
ningly deviſed fuggeftion, could move them to grant any
fubfidy for a war againſt their brethren; but rather, by
their ſpeeches, grievances, and complaints, as much as
in them was, did juftify the cauſe which they defended.
This recent favour did ſo bind their hearts, that if their
power was never fo great, they fhould judge them felves
the moſt unworthy of men, and could look for no leſs
than vengeance from the righteous God, if they ſhould
act againſt a nation fo repreſented to them in that ho-
nourable meeting. In this their thankful acknowledg
ment, they defired the city of London might have their
own large ſhare for the noble profeffions they had given
of their conftant affection for religion, and the peace of
both kingdoms, notwithſtanding the continual affaults of
the miſleaders of the King againſt them, always render-
ing them feditious in his ears. This was followed by a
folemn oath, that the Scots intended no enmity or ra-
pine, and that they would take no men's goods, or en-
gage themſelves in blood, unleſs they were forced to it;
that they would not take from their friends and bre-
thren, but for their own money and juſt payment. The
**The King publiſhed a proclamation, which declared the Scots and
their adherents rebels; and a prayer was publiſhed, and ordered to be
read in all churches, for the King's fuccefs in his expedition againſt the
rebels of Scotland. Whitlock, p. 33.
* VOL. II.
A a a
foul
3:62
HISTORY OF ENGLAND.
វ
Ann. 1640. foul of wiſdom taught, that both nations muft ftand or
fall together; that the devices of the enemy were for the-
oppreffing of both: They come among them very fenfi
ble of their paſt fufferings and prefent dangers, both in
religion and liberties, and moft willing to do them all
the good they could, for the help they had given them
at their Reformation, in freeing them from the French:
That in return they did expect, from the fenſe of their
intolerable diftrefs which forced them from their own
country, that the English would join and concur with
them in noble ways to obtain their juft defires; and when
their means were ſpent, would, upon a fufficient fecurity
of payment, provide what was neceflary for the enter
tainment of their army.
Į
1
THESE remonftrances ended with an affurance that-
the Scots would demand nothing of the King, but the
fettling and fecuring of the true religion and liberties of
their country, according to the conftitutions and acts of
the late affemblies and parliament, and what à juft prince
owed, by the laws of God and nature, to his grieved.
fubjects; that their abode in England fhould be no longer
than their juft grievances might be heard and redreffed
by the Engliſh parliament, and fufficient affurance given
them for the legal trial and puniſhment of the authors
of evil to the two nations, and for the fettling the reli-
gion and liberties of both in peace against the machina-
tions of Romiſh contrivance, acted by their degenerate
countrymen; that their return fhould be with expedi-
tion, peace, and order; that if the Lord ſhould blefs theirs
endeavours, and their intentions were not croſſed by the
oppofition of the English, the fruits would be fweet, and
the-
1
1
CHARLES I.
363
1
:
t.
the effects good to both nations and their pofterity, and Ann. 1640.
to the reformed churches abroad; Scotland would be re-
formed, as at the beginning; the Reformation in Eng-
land, long prayed and, pleaded for by the godly, would
be according to their wishes and defires, perfected in
doctrine, worship, and difcipline; Papifts, prelates, and
all the members of the antichriftian hierarchy, with their
idolatry, fuperftition, and human inventions, packed off,
and the names of Sects and Separatifts would no more be
mentioned,
Ir, when the laſt Engliſh parliament was fummoned,
there remained in the majority of the nation a tender-
nefs towards the power of their monarch, and the dig-
nity of the prelates, that difpofition no longer exiſted:
The diffolution of a parliament, which, during the twelve
years remiffion of thofe affemblies, had been fo impa-
tiently expected, and fo much depended on for the re-
drefs of grievances; the innumerable oppreffions which
had been crouded into the fhort fpace between that diffo-
lution and the invafion of the Scots; with the exorbi-
tances of the convocation; wrought fo powerful an ef-
fect on the minds of men, that the threatenings theſe ré-
monftrances breathed out againſt prelates were pleafing
to the generality of the English; and the ſharp expref-
fions againſt the form and difcipline of their church,
gave very few but the court-faction difguft. The whole
of theſe declarations tended fo much to gather the affec-
tions of men in their preſent ftate of diſcontent, that the
Scots were expected with impatience, and every accident
that retarded their march gave pain to the public. The
Counties of Nothumberland, and the bishopric of Dur-
4.
Aaa 2
ham,
i
3
364
Ann. 1640.
Strafford's
Letters,
vol.II. p.413.
HISTORY OF ENGLAND.
ham, which lay immediately expofed to the invafion, ab
folutely refuſed to lend money to pay troops, or to furniſh
horfes to mount the muſketeers; and the trained bands
would not ftir without pay.
เ
CONWAY, at the head of a thoufand horfe and five-
hundred foot, advanced to reconnoitre the enemy, but
was driven back to Newcaſtle. In a council of war held
at this place, it was determined to fortify the river Tyne.
at Newburn. Conway, who could not draw together
above five thouſand foot and two hundred horfe, when he
viewed the intrenchments judged it impoffible to guard
this paſs, and prepared to retreat yet farther back, when
he received a letter from the earl of Strafford, who, with
the King, was at this time arrived at York. Strafford
reproached Conway for not having fkirmifhed with the
enemy during their march, fpoke with great contempt of
the Scotch army, and conjured the general to redeem his
honour by fome notable action, and to give the enemy
battle upon their paffing the river. On this peremptory
advice Conway altered his refolution, and prepared his
troops to difpute the paffage.
THE Scots framed their behaviour to their profeffions:
They careffed every Engliſhman that came into their
camp; and Lefléy, in a very civil meffage, demanded li-
berty to paſs the river at Newburn with his countrymen,
that they might prefent their petitions to the King: On a
refufal, he prepared to force the paffage. The Engliſh fol-
diers, far from ſhewing any alacrity to engage the enemy;
began to murmur at the hardneſs of their duty; and it
was with the utmoft difficulty that their officers could
perfuade
CHARLES
E S I.
36.5
J
Newburn.
perfuade them to ftand the firft onfet. Engliſhmen fel- Ann. 1640.
dom ſtand in need of being exhorted to behave with ala-
crity in the buſineſs of fighting; but the arguments
commonly uſed on thefe occafions could little avail with
men who dreaded victory worſe than a defeat. On a Battle of
few of their fellows being flain by the artillery of the
Scots, the whole army fled to Durham, leaving the moft English forces
obftinate of their officers to be killed or taken by the the Scots.
enemy *.
The Scots took poffeffion of the town of New. Rushworth,
caftle, with the King's magazines of powder, ammuni- p. 1238.….
tion, and proviſion. They feafted with the mayor, drank
the King's health, and entertained the inhabitants with
three fermons, preached by their own divines..
retreat before
vol. III.
vol. 1. p. 114...
STRAFFORD, whoſe weak ftate of health † had hi- Clarendon,
therto prevented his entering into action, found the beaten
army at Durham: He behaved with fuch injudicious
haughtinefs on the firſt entering into his charge, that he
foon became the only enemy the army defired to over-
come. They openly vindicated their conduct at the fight
of Newburn; and faid, that no man could wiſh fuccefs
in the war againſt the Scots, without wiſhing England
to be, by the like illegal power, enflaved: So properly
did even the common foldiers, in this enlightened age,
judge of the important queftion. The prudent conduct
of the Scots fupported and increafed that good opinion
which was every where entertained of them: Far from
*. Burnet, in his Memoirs of the Dukes of Hamilton, fays, that the
lord Conway was not in the engagement. Hamilton's Memoirs, p. 178.
He was much ſubject to the ſtone, and was at this time juft reco-
vered from a violent attack of that painful diftemper.
fhew
366
HISTORY OF ENGLAND.
3
}
Ann. 1640. fhewing elation at their victory, they deplored the ne-
ceffity of being obliged to fhed the blood of their Engliſh
brethren, and treated the prifoners they had taken with
fuch extraordinary expreffions of love and civility, that
they made converts of all their captives; whofe reports
did them infinite fervice. Strafford being thoroughly ac-
quainted with the difpofition of the army, found it necef-
fary to bring them back to Yorkſhire; himſelf and the
King, who was advanced as far as North-Allerton, retired
to York *. In a fhort time, the King received a petition
from his Scotch fubjects, craving the redreſs of their
grievances, and that he would, by the advice of the
Engliſh parliament, re-fettle the public tranquility of the
ifland.
>
NOTHING Could be better calculated to pleaſe the pub-
lic than this well-timed application. The neceffity of the
King's affairs not only fubjected him to the mortification
of receiving the petition and the advice of thoſe he termed
rebels, but to fend them a civil anfwer: He required the
* Before Charles fet out on this fecond expedition against the Scots,
he iffued a proclamation to revoke the fame monopolies, licences, and
commiffions, which had been mentioned in his laft proclamation on the
like fubject. This fhews that the other had been only regarded as an
expedient, and never executed. At this time, a proclamation was if
fued againſt the abufes of his majefty's royal prerogative in the levying
of debts, and another for the better regulating the clerk of the mar-
ket and the King's water bailiff, and to reftrain the execution of the
charter of brick and tile-makers. By the matter contained in thefe
two laft proclamations, it appears, that in theſe points, as in others,
the fubjects had been greatly abufed in the exercife of the King's af-
fumed prerogative. Rapin, vol. X. p. 368. Rymer's Fadera, vol. XX.
P. 344, 401.
•
་་
peti-
1
•
'
++
CHARLES
367
I.
"
petitioners to exprefs the particulars of their defires, he Ann. 1640.
having been always ready to redrefs the grievances of
his fubjects. The Scots immediately returned anſwer,
That the fum of their defires was, that his majefty
would be graciouſly pleaſed to command that the laft
acts of parliament might be published in his name, with
the eftates of parliament; that the caſtle of Edinburgh
be furniſhed and ufed for the defence of the fubjects;
that their countrymen in his majefty's dominions of Eng-
land and Ireland, be freed from cenfure for fubſcribing
the covenant, and be no more preffed with oaths and
fubfcriptions unwarrantable by law; that the common
incendiaries, who had been the authors of the com-
buftions, might receive their juft cenfure; that their
fhips and goods, with all the damage thereof, might be
reftored; that the wrongs, loffes, and charge, which
they had ſuſtained, might be repaid; that the declara-
tion made againſt them as traitors might be recalled;
that, by the advice and counsel of the ftate of England,
his majeſty might be pleaſed to remove the garrifons
from the borders, and all impediments which flopped
free trade, and, with the advice of the faid parliament,
condefcend to all particulars that might eſtabliſh a per-
manent and well-grounded peace, for the enjoying their
religion and liberties..
•
THE King received thefe propoſals with all the indig- -
nant rage which could be expected from a man of his
difpofition and ftrong prejudices; but the confequences
of his imprudent adminiſtration began to prefs him now
on all fides: His Exchequer was empty; his revenues an-
ticipated; every expedient for fupply tried to the utmoft;
his
*
น
ફ્
է
'>
388
HISTORY OF ENGLAND.
•
Ann. 1640. his army undifciplined and difaffected; himself fur
rounded by people that fhewed difguft at all his mea-
fures; his bofom-friend Hamilton, and the tool of his
tyranny Finch, unable to adminifter any comfort, were
folely engroffed in the care of their own preſervation,
the ingratiating themfelves with thofe who were able to
protect them on the day of reckoning, when they fhould
account for their paſt crimes to a parliament, who pro-
mifed to be more formidable than any one that ever had
fat in England *.
1
:
STRAFFORD, whofe fituation was too defperate to ad-
mit of management, adviſed fighting t; but Charles
met with fuch freezing looks of diſapprobation to this
counſel in all the reft of the military officers who attend-
ed him, that he was again obliged to fubmit to the hu-
miliating circumftance of entering into another treaty
with his Scotch fubjects. Before he affented to this mor-
tifying condefcenfion, he tried the affection of the York-
*Hamilton was fo.inftrumental in bringing the King to affent readily
to pacific meaſures, that the popular party, both of Engliſh and Scots,
became from this period much reconciled to him.
+ Lord Herbert was the only man who ſeconded Strafford in this ad-
vice: He propoſed to the King the fortifying York, and making it a
garrifon-town, and fupported this opinion with feveral arguments that
had a very pernicious tendency. The reft of the people about the
King who dared to deliver their opinions on this point, were of fuch
different ſentiments from theſe two noblemen, that Charles being defir-
ous to throw into Stockton-caftle, a place of importance on the river
Tees, an additional force, he was earneſtly diffuaded from it, as a
meaſure that might give fufpicion and jealouſy to the Scots. Strafford
had given a commiffion to the earl of Worceſter, and his fon the lord
Herbert, to make arbitrary levies in the counties of England and Wales.
Rushworth, vol. III. p. 1293, & feq.
fhire
CHARLES
369
I.
-M
Rushworth,
Clarendon,
fhire gentlemen, and Strafford attempted to animate them Ann. 1640.
againſt the Scots by fhewing them, that if the invaders vol. III.
once tafted the fweetneſs of their foil, they would not be P1235
in a hurry to depart; with his, ufual warmth he told vol. I. p. 115.
them, that they were bound, out of their allegiance, to
attend his majeſty in this fervice; that it was little leſs
than high-treaſon; and they were no better than beafts
if they refuſed. This petulant harangue of Strafford's
had no other effect than to increaſe that refentment
which his tyrannical government of this country had
raiſed againſt him: Inftead of making the proviſion that
was required of them, they propofed petitions of advice
to call a parliament*, that the preſent differences might
be compofed, and a happy peace ſettled between the two
nations.
In this extremity of affairs, the King had recourſe to
an antiquated cuftom, which had never been practiſed
fince the time of Edward IV. of calling all the Peers by
writs under the great feal, to attend him at York. The
complaifant behaviour of the House of Lords the laſt par-
liament had undoubtedly filled him with hopes, that the
Peers would prefent him with a fum of money, or be fo
raſh as to raiſe fubfidies by their own authority †. This
* Previous to this, they had preſented a petition againſt the billeting
of foldiers, complaining of the enormous charge they had been put to
in the laſt year's expedition, and repreſenting, they could not draw to-
gether the trained bands without fourteen days pay from his majefty.
Strafford refuſed to preſent that petition in which they adviſed the King
to call a parliament. Rushworth, vol. III. p. 1214, & feq. 1230. Ra-
Smollett's Hift. vol. VII. p. 167.
pin, vol. X. p. 448.
+ Clarendon fays,
that one of the members of the council did make
fuch a propofal. Clarendon, vol. I, p. 116.
VOL. II.
B b b
expe-
370
HISTORY OF ENGLAND.
vol. III.
Ann. 1640. expedient cauſed fuch a general alarm, that petitions pour
ed in for the redrefs of grievances; againſt the bringing
in Iriſh troops into the kingdom*; for a treaty with the
Rufhworth, Scots; and fummoning a parliament. The firſt petition
p.1260,&feq. preſented to the King on this ſubject was figned by the
peers Bedford, Effex, Hertford, Warwick, Briſtol, Mul-
grave, Say and Seal, Howard, Bolingbrook, Mandeville,
Brook, Paget f. The fecond petition came from the city
of London ‡, to whom the Scots had very judiciouſly fent
* The Iriſh army, confifting of ten thousand foot and fifteen hun-
dred horſe, were to have invaded the Weſtern part of Scotland, whilſt
the Scots were attacked in the South by the Engliſh army. Ten thou-
fand men, under the command of the lord Herbert, were to be fent.
into the North of Scotland, and a fleet of fhips into the Frith. The
plan of the war was not ill-concerted, and could it have been fully
executed, it might have been attended with a fatal fuccefs: But the in-
ftant that Strafford turned his back upon Ireland, the parliament of
that kingdom, encouraged by the example of the Engliſh Houſe of
Commons, began to make objections to the new manner of levying
ſubſidies, and threw fuch interruptions in the way of the officers of the
crown, that the Irish army was not ready to march at the appointed
time. The diligence of the Scots, and the backwardnefs of the Eng--
liſh, prevented the execution of the rest of the plan. Strafford was to
have returned to Ireland to take command of that army, had not the earl
of Northumberland's pretended illneſs difconcerted the affairs in Eng--
land. Guthrie's General Hift. Carte's Life of Ormond...
+ The lord Wharton afferted, that himſelf and the lord Howard, for
delivering this petition, or a petition of the like nature, were put un-
der arreft; and Strafford moved, that they ſhould be fhot for fedition.
Burnet's Hift. of His Own Times, vol. I. p. 29.
The privy-council, hearing that the city was about to petition
againſt grievances, and for a parliament, fent them a long letter, in
which they endeavoured to perfuade them, that it was a very improper
time to fend fuch a petition, when his majefty was engaged in perfon
for the defence of the city; and that the demanding at fuch a time a
8 redrefs,
C
371
HAR LE SI.
a complaifant and affectionate letter, inviting them to Ann. 1640,
continue the Newcaſtle-trade, and affuring them of a per-
fect fecurity. Such being the loud, the univerſal cry of
the nation, Charles, to prevent the clamorous petitions
that were preparing in all quarters, at the firſt meeting
of the great council of Peers told that affembly, he was
refolved to call a parliament; weakly adding, that the
Queen had adviſed him to it. Thus he avowed to the
public what had been long fufpected, and much mur-
mured at, that he ſuffered his wife to have an influence
over his moſt important counſels.
༦、
Peers.
THE first thing determined on by the Peers was, that Council of
the King ought to enter into an immediate treaty with
the Scots. They named fixteen of their own members
for this commiffion, all of them popular men*, the
King having received the mortifying advice, that he muſt
not appoint any that were diſagreeable to the Scots, for
fear of fruſtrating the good effects intended by the treaty.
Charles added fix affiftants to the fixteen peers; the earls
of Traquaire, Morton, Lanerick, Secretary Vane, Sir
Lewis Steward, and Sir John Borroughs; men who he
faid were either verfed in the laws of Scotland, or had
been acquainted with the former paffages in this buſineſs.
The commiffioners were recommended to make the arti- Rushworth,
cles of pacification for laft year the grounds of their
redreſs, which they might be fure to gain from his majeſty's grace and
goodneſs, would be a juft cenfure upon them in future times. Rub-
worth, vol. III. p. 1262.
* Earls of Bedford, Hertford, Effex, Saliſbury, Warwick, Briſtol,
Holland, Berkſhire, viſcount Mandeville, lords Wharton, Paget, Brook,
Pawlet, Howard, Saville, Dunfmore.
Bbb 2
!
treaty;
vol. III.
p.1283,&feq.
:
372
OF ENGLAND.
HISTORY *
·
:
Ann. 1640. treaty; but not to yield to any of the new demands of
the Scots. York was the city the King deftined for
the meeting, that matters might be expedited by a quick
communication; but it was changed to Rippon, on the
Scots declaring that they could not truft their commiffion-
ers in a place where the lord-lieutenant Strafford ruled,
againſt whom, as a chief incendiary, they intended to
infiſt, who had declared them traitors in Ireland before
the King had done it in England, who defired the break-
ing up of the treaty, whofe commiffion was to deſtroy
them, and who had in his army a great many Papifts,.
who dreaded the pacification as productive of their ruin
and diffolution; that there were many ungodly perfons.
about the King, who waited the occafion of expreffing
their malice and revenge against the whole nation..
They objected alfo to the earl of Traquaire affifting at
the treaty, becauſe he was another of the grand incendi-
aries of whom they complained. This difficulty was
folved by a declaration, that the affiftants were not au-
thorized to treat with the commiffioners of Scotland, or
to have any voice or vote in the debating or concluding.
of any thing.
MATTERS being thus fettled, the Scots fent commiſ
fioners to the place appointed for the treaty. They ex-
cuſed their not being of numbers or quality equal to
thoſe they were to treat with, becauſe of the abſence of
their nobility from the army, and that themſelves were
* The earl of Dumfermling, lord Lowdon, Sir Patrick Hepburn, Sir
William Douglas, John Smith, Alexander Wedderbourn, Alexander
Henderſon, Archibald Johnſton.
*
but
CHARLE S I.
373
Je
A
but a ſmall committee from the parliament. After many Ann. 1640.
-friendly debates, or rather conferences, it was agreed on,
as the preliminaries of the treaty, that the Scots fhould
be allowed for their maintenance eight hundred and fifty
pounds a-day, a contribution they had laid on the counties
of Northumberland and the bishoprick of Durham, be-
fides what they had plundered from their declared enemies.
the Papifts and prelates: This maintenance was on con-
dition that the Scots would content themſelves with that
fum, and neither moleft Papifts, prelates, nor their ad-
herents; free trade and commerce was to be reſtored be-
tween the two nations; the victuals and other neceffaries
to fupply the army were to be free of cuſtom; no victuals,
arms, or ammunition, was to be imported into New-
caftle; and there was to be a ceffation of arms, accord-
ing to the particulars to be agreed upon. The com-
miffioners for the treaty had the addreſs to continue the
debates fo long upon theſe preliminaries, that it was the
twenty-fixth of October before the conditions of the truce
were determined: It was therefore impoffible to difcufs
the articles that were to be the ſubject of the treaty before
the third of November, the day appointed by the writs
for the meeting of the parliament. The King was very Rushworth,
defirous to have both armies difbanded; but this the
Scots would not agree to, nor to another propoſal which
had been made of diminiſhing the number of both
armies: He was fo earneftly preffed by his own com-
miffioners to remove the treaty from Rippon to London,
that he was obliged to comply with this, as well as to
the ceffation of arms, by which the Scots were affured of
the maintenance they had demanded; and the river Tees
was made the boundaries of both parties. To fupply
the
vol. III.
p. 1297.
374
HISTORY OF ENGLAN D.
1
Ann. 1640. the large fum that was neceffary to fupport two numerous
armies, and to preſerve the Northern counties from far-
ther depredation, a loan of two hundred thousand pounds
was borrowed of the city of London: This money was
willingly advanced by the citizens, the lords of the great
Rushworth, council of York having made it their requeft, with a
p.1279,&feq. promiſe that all the peers in the kingdom ſhould be bound
for the payment.
vol. III.
Treaty at
Rippon.
ON the firft meeting of the commiffioners of both
par-
ties, the Engliſh were accofted by the Scots with a very
unpromising referve and coldneſs. The furprize with
which they were ftruck with this behaviour was farther
encreaſed on the earl of Rothes upbraiding viſcount Man-
deville for not having fhewed themſelves more early in
the ſupport of the caufe: Mandeville appearing afto-
niſhed at this charge, Rothes pulled out of his pocket
a letter figned by the earls of Bedford, Effex, Brook, and
Warwick, with the lords Mandeville, Saville, Say and
Seal; in which they, in general terms, promiſed an
hearty concurrence with the Scotch covenanters, on their
entering with an army into England. The fix lords whofe
hand-writing had been counterfeited concurred in ſo ſo-
lemn an affurance that the whole was a forgery, that
Oldmixon's they at length fatisfied the Scots. The deceit was after-
wards found out to be a contrivance of the lord Saville :
p. 141, & feq. The Scots had written to their agents in London, to get
Hift. of the
Stewarts,
NO
fome folid affurance of affiftance from their friends in
England, on which they might more certainly depend,
than on general promifes; the lord Lowdon tranſmitted
this requeſt to the lord Saville; Saville fent his fecretary
to the fix lords above-mentioned, who every one of
them
:
CHARLES I.
375
►
1
:
:
,
•
them promiſed their good offices on every opportune Anni 1640.
occafion that prefented itſelf, but refufed to fign any
compact: Saville framed a letter on thefe good inten-
tions, and figned it with their forged names. He after-
wards wrote another letter in his own name to Lowdon,
in which he earneſtly exhorted him to perfuade his coun-
trymen to enter England with their army; gave him
many encouragements, which had fome foundation,
and, to make the profpect more flattering, many falſe
pieces of intelligence; he gave very judicious advice con--
cerning the conduct of the Scots after their entry into
England; which they feem to have followed exactly
Saville, who had taken all this pains to ftrengthen the
popular party in England by a conjunction with the dif
contented Scots, was a determined courtier, and a man
who had no private principle of honefty, nor a difin-
tereſted one in regard to the public: His fole inducement
to act this dangerous part was an invincible hatred he
bore to Strafford, who had overtopped him in regard to
court favour, and who had thwarted him on many oc-
cafions: The only way to ruin his rival effectually was
to bring in his potent enemies the Scots. Thus the pub-
lic is fometimes benefited by the vices as well as the vir
tues of particulars, and receives important advantages from
the irregular affections of the worst members of fociety..
:
4
;
}
THE difcovery that the fore-mentioned letter was an
impofture cleared up all matters of difference among.
:
* Beſides this, when the Scots were on the point of invading Eng-
land, they received another letter to encourage them in their enterprize,
and quicken them in their motions. Oldmixon, P. 145.
}
the
376
HISTORY OF ENGLAN D.
"
1
Ann. 1640. the commiffioners. The Scots highly careffed the English
lords, to whom they protefted what they had urged in
their declaration, that they had no other defign than to
concur with the English parliament; to bind the prero-
gative within due limits; to circumfcribe the high claims
of the clergy; to chaſtiſe the infolence of the Papiſts;
and to fettle on a firm eſtabliſhment the conftitution of
the two kingdoms, on free and equitable principles. To
theſe proteftations, of themſelves fufficiently perſuaſive,
the Scots added other endearments: They brought with
them, and delivered up, two officers of quality, Wilmot
and O'Neal, taken at the fight at Newburn; they had
treated them with great politeneſs, and had been at pains
to give them high ideas of their courage, refolution, dif-
cipline, good intention, and the juftice of their cauſe.
Wilmot and O'Neal were, from fome private injuries they
had ſuſtained, among the number of Strafford's enemies;
and their reports of what they had ſeen and heard in the
Scotch camp added to thofe prepoffeffions the Engliſh
had conceived in their favour, and increaſed the popular ·
odium againſt the hated Strafford; who, when almoſt
every mouth poured forth imprecations againſt him, had
ſhewed, in a moft improper manner, his courage and
zeal againſt the covenanters, by fending a party of horſe
to attack them in their quarters at Durham, whilſt mat- ›
ters were fettling concerning the ceffation, by the com-
miffioners at Rippon *.
* Notwithſtanding the treaty in hand, he advised the King yet to
fight the Scots, and committed this outrage to fhew how eafily they
might be drove out of the kingdom. He defeated feveral parties, and
took fome of the Scotch officers priſoners,
“
:
P
LESLEY
}
C HAR LE
R LES I
377
:
·
LESLEY complained loudly of this hoftility, faying he Ann. 1640.
had himſelf forborn to make any fuch attempt, out of
refpect to the treaty. The Engliſh commiffioners refented
it as an affront to them; and when it was known that
the officer who conducted the enterprize was a Roman
Catholic, it raiſed fuch an outcry that the King was ob-
liged to fend his pofitive commands to the general not
to give any more fuch orders. Before the ceffation of
arms, and whilft things remained in an uncertain ftate,
the Scots diſcovered, through the means of their friends
about the court that they were betrayed by the earl of
Montroſe, who had kept up a fecret correſpondence with
Charles; one of his letters were fent to Leſley. Mon-
trofe, on being taxed with holding intelligence with the
enemy, openly avowed the fact, and afked, who was the
man would affert the King was an enemy? This boldneſs
filenced the greater part of his accufers; but the more
valiant and more judicious Lefley gave it as his opinion,
that he ought to be tried and executed by a court-mar-
tial *. Charles's fituation was ſo deſperate, that he could
make no advantage of Montrofe's treachery; he was ob-
liged to ratify all that his commiffioners had concluded Ratification
on †, and prepare for his journey to London, there to
* An act had paffed in a committee of the Scotch parliament, that
none ſhould, under pain of death, write any letters to the court, but
fuch as were feen and approved by at least three of the committee..
Memoirs of the Dukes of Hamilton, p. 179..
;
The council of Peers with an unanimous voice determined, that
it was neceffary to ratify what had been concluded on, and proceed in
the intended treaty with the Scots: Even Strafford, overcome by the
general voice, declared, that it was not poffible to keep the counties of
Cumberland and Westmoreland from the Scottiſh power; that New-
castle was not to be gotten out of their hands this winter, if the King
VOL. II.
had
Ccc
of the treaty..
378
HISTORY OF ENGLAND.
Ann. 1640. meet a parliament, and to endeavour to fatisfy the im-
portunate demands of two enraged nations, whom he
had provoked with a variety of injuries, and with whoſe
power he was at this time in no capacity to contend.
Rushworth,
vol. III.
Guthrie,
vol. III.
?
It was
THESE were not all the difficulties that agitated him
p.1310,&feq. at this time: Himſelf and his beloved counſellor Laud
were alarmed at the pretended diſcovery of a plot among
P.986, & feq. the Papifts, which threatened both ther lives.
communicated to Sir William Bofwell, Charles's refident
at the Hague, by Andreas ab Habernfield, a domeſtic of
the queen of Bohemia, who pretended to have it from
a Papift converted to the Proteftant faith, and let into the
fecret on account of his fuppofed orthodoxy. The ftory
imported, that the pope and cardinal Richlieu were deeply
concerned in fomenting the troubles of Charles ; and that
meaſures had been taken by Con and Roffetti, two nun-
cios from Rome, for poifoning both the King and the
archbishop. This was fupported by a detail of cabals,
meetings, and characters, among the Popiſh faction, of
which it was affirmed the Queen, the earl and the coun-
teſs of Arundel, were patrons and directors. Laud was
the only perfon in England to whom this plot, under
the promiſe of an inviolable ſecrecy, was diſcovered. He
communicated it to Charles, with the fame cautions ;
and Charles chofe to fupprefs the matter, rather than
quarrel with his good friends the Papifts, who in this
time of his neceffity had advanced him large fums of
had an army on foot of an hundred thouſand men; that the boundaries
of Yorkſhire were not to be defended; and the King's army could not
be truſted. Rushworth, vol. III. p. 1308, & feq.
;
money,
+
C
CHARLES I.
379
money. It is likely he did not give much credit to the Ann. 1640.
tale, fince nothing could be more improbable than that
confpiracies ſhould arife from that quarter. Had it
been related of the Puritans, he would have been glad
of an opportunity to have feized their perfons, and ren-
dered them ſuſpected to the public. Without any im-
peachment of his underſtanding, he might treat very
flightingly an intelligence that involved in treaſonable
deſigns againſt his perfon both his beloved Queen, who
by the power ſhe had over him governed with an un-
controuled fway, and a party for whoſe fake he had in-
curred the reſentment of his whole people. The affair,
perhaps, had no foundation, but in the imagination of
the queen of Bohemia, who might have trumped up
this ſtory from public report and fecret intelligence, at-
tempting, by the alarming tale, to fet Charles againſt
a faction who had ever ſhewed themſelves her inveterate:
enemies.
**
Ccc 2
CHAP..
1
►
3-8.0
HISTORY OF ENGLAND.
Ann. 1640.
CH A P. VI.
Parliament. Strafford impeached of high-treafon, And others.
Windebank flies.Laud accuſed Wren and Pierce
proſecuted.__Patents for monopolies cancelled. Ship-money
declared illegal._____Finch accuſed of high-treason Flies.
-Judges accuſed.Judge Berkley fent to prifon.
priſon.Bill
for triennial parliaments.. Trial of Strafford. Attempt
to debauch the army.— Plot difcovered.Proteftation
Bill for continuing the parliament. Strafford's execution.
His character.
ENGLAND had for a long feries of years fuffered her
1
princes to exert a very unconftitutional authority over
her: The tyranny of Charles was borne with a patience
that gives us a deſpicable idea of the temper of the na-
tion during the first fifteen years of that prince's reign.
The Scots at length broke the chain of paffive obedi-
ence, which had fo long faſcinated their neighbours:
The ſpirit of the Engliſh conftitution, which had been
reftrained by the Tudors, and totally fuppreffed by the
Stewarts, burſt from its confined ſtate with energy; like
a mighty torrent, contemning the weak bounds of art,
it broke through regal reſtraint, and the people with one
voice demanded a parliament. This their privilege of
legiſlation extorted from the crown, they were careful in
whoſe hands they ſhould truft the precious depofit. The
court, notwithſtanding its utmoft efforts, was unable to
make any party in the enfuing elections: So ftrong was
the ſenſe the people had of their paſt ſufferings, ſo dear
to them the proſpect of recovering their loft Liberty, that
the
where of
་
C. H ARL E S I.
381
the votes univerfally ran in favour of thoſe whofe actions Ann. 1640.
and fufferings proclaimed their attachment to popular
privileges. On theſe principles, patriots were returned,
whofe number, virtues, and abilities, were greater than
had ever been convened together in any age or country.
On this parliament, which the people had chofen to re-
drefs their wrongs, and to execute popular plans, left im-
perfect by the abrupt diffolution of other affemblies; on
this parliament, ſummoned at a time of univerſal diſcon-
tent, did the King, by his neceffities, entirely depend.
STRAFFORD was fenfible of what irreſiſtable powers whitlock,
the leaders of the oppofition would be poffeffed; and P. 36.
earneftly requeſted the King to permit him to go back
to Ireland, that he might there take meaſures for his
majeſty's ſervice, and fecure his own perſon from the re-
fentment of his enemies. Charles, notwithſtanding the
mortifications he had undergone the last three months
of his reign; notwithſtanding the apparent union of the
Scotch mal-contents with the majority of his Engliſh ſub-
jects; yet fondly imagined, that there was fomething in
his kingly capacity, that could withſtand, if not over-
power, the
rage of the popular party. He told Strafford
that his counſel and prefence would be neceffary to him ;
that as he was King of England, he had power to ſecure
him from danger; and that the parliament ſhould not
touch one hair of his head. Strafford, contrary to his
own conviction, yielded to his maſter's entreaties, and con-
fented to come to London after he had fettled the necef-
fary affairs of the army *
* Clarendon tells us, that theſe affairs were to fupprefs the mutinous
ſpirit of the army, and to difpofe the county of York towards the
King's
1
382
HISTORY OF ENGLAND.
=
Ann. 1640.
Meeting of
In
ON the third of November the parliament met; and
Parliament. fuch was the active ſpirit of the times, that the Houſe of
Commons was almoft full at the very opening of the ſef
fions. The King, as if afraid and afhamed to meet the
public eye, refufed to ride in his accuſtomed pomp, and
went privately in his barge to the Parliament-ftairs.
his ſpeech to both Houſes, he reflected on the incredulity
of thoſe who refuſed to truft his perfonal affurances in
regard to the defigns of the Scots. He recommended,
with fome warmth, the chafing the rebels out of the king
dom; told them he was refolved to put himſelf freely
and clearly on the love and affection of his Engliſh fub-
jects; and promifed an hearty concurrence in redreffing
their juſt grievances: He offered them a full and circum-
ftantial account of affairs, if they defired it; he recom-
mended to them to provide for the payment of his army,
which muft otherwife be disbanded, whilft that of the
rebels was kept on foot; and lastly, conjured them to
lay afide all ſuſpicion; for it ſhould not be his fault if
this was not a happy parliament *. When the King had
1
}
King's fervice; that in both thefe bufineffes Strafford met with great
mortifications: The officers repaired to London to ferve in parliament,
in defiance of his authority, when he had denied them leave of ab-
fence; and thoſe gentlemen of the county who had moft depended on:
him withdrew their attendance, and entered into a combination with his:
enemies. Clarendon's Hift. vol. I. p. 126..
* This ſpeech of Charles breathes a greater air of franknefs than
he had ever before uſed; but it was not in the power of words to di-
vert the refolutions of this affembly. Clarendon tells us, that be---
fore the meeting the members made no fcruple to avow their inten-
tion of pulling up the cauſes of grievances by the roots; at the fame
ti ne declaring, that if all men would do their duty the event muſt be
happy.
8.
finiſhed
1
1
CHARLES
I.
383
finished his fpeech, the lord-keeper Finch began a long Ann. 1640.
detail of the state of affairs: He juftified the King, and
dwelt much on the ill behaviour of the Scots; but took
care to compliment the city of London on their readineſs
to advance the required loan: He concluded with expati-
ating on the dangers of the nation, and the mifery the
Northern counties must continue to fuffer, if the parlia-
ment did not effectually co-operate with the King *.
CHARLES had fixed on his creature Sir Thomas Gardi-
ner to be appointed fpeaker; but he had the mortifica-
tion to find that he was not returned to ſerve as a mem-
ber of the Houfe +. The election fell on Mr. Lenthall, a
lawyer of narrow drudging abilities, inoffenfive in his
conduct, and pitched on by the King, becauſe he had
never fignalized himſelf in oppofition to the government
of church or ftate.
* In this long harangue he did not omit to flatter the King and his
family with much fulfom panegyric: He told the Commons to wipe the
glafs, and wipe their eyes, and then they would ſee their king a king
of exemplary piety and juftice, of rare endowments and abilities of na-
ture, of unparalleled moderation in great affairs; his other part, the
Queen, was a mirror of virtue, from whom, fince her happy arrival, no
fubject ever received other than gracious and benign influence. In the
courſe of this elogium, he ran into the King's error, and avowed the in-
fluence the Queen had over the public counfels, by alleging, that none
could more co-operate to the happy fuccefs of this parliament than her
majefty. He adviſed the Commons to moderate counfels, in the fol-
lowing trope: "Sail, faid he, between the tropics of moderation, that
there be no declenfion from the pole of fecurity."
This man, though recorder of London, was rejected with difdain
by that city, and other places he had tried in vain. This is a ftrong
inftance of the activity and ftrength of the popular party.
LENTHALL,
384
HISTORY OF ENGLAND.
རྨ
Ann. 1640.
5 November.
6
LENTHALL, in his addrefs to the throne, expatiated on
the utility of parliaments: " They bound the crown to
the facred temples, he faid, and freed majefty from the
interpretation of mifdoing." He did not forget to put
the aſſembly in mind of the treafon intended to be per-
petrated againſt the two Houſes of Parliament by the Ro-
man-Catholics. In the courſe of his fpeech he aimed a
blow at the judges, whom he compared "to cifterns of
fair water, wherein each deviation, each wrinkle, was
difcernable."
1
{
THE King had very unadviſedly termed his Scotch fub-
jects rebels; and, notwithſtanding the treaty then in
agitation, recommended the chafing them home. When
the Commons were withdrawn, he defired the Lords to
relate to the lower houſe thofe great affairs for which
they were called together; and again termed the Scots
rebels; talked of making them know their duty, and
fending them home whether they would or no.
intemperance of ſpeech gave great offence to the majority
Parl. Hift.vol. in both Houſes. The Commons had no fooner ſettled the
IX. p. 33,
& feq.
This
ceremony of a faft, than immediately they entered. upon
bufinefs: Large committees were appointed for privileges,
for elections, for religion, for grievances, for courts of
juftice, for trade, and for Iriſh affairs. Such a multi-
plicity of complaints poured in upon them, that theſe
were fubdivided into forty leffer committees. Every hour
brought fresh proofs of the general diſcontent of the na-
tion, befides petitions in behalf of Burton, Prynne, Baſt-
wick, Lilbourne, Leighton, and other private fufferers,
which were all favourably received; not a county that
did
CHARLES
385
I.
1
did not fend up a long lift of grievances. Theſe were Ann. 1640.
prefented to the Houfe by their feveral repreſentatives.
THE lord Digby, member for Dorſetſhire, related the
diſcontents of that county by word of mouth: “I would
not have you think, faid he, that I ferve for a land of
Goſhen; that we live there in ſunſhine, whilft darkneſs
and plagues overfpread the reft of the land. As little
would I have you think, that being under the fame ſharp
meaſure as the reft, we are either infenfible, or that the
fhire wanteth a fervant to reprefent its fufferings boldly."
After enumerating the heads of thofe complaints him-
felf and partner had received from their conftituents on
the day of election, fuch as fhip-money, preffing of fol-
diers, military taxes, monopolies, and the new canons,
he thus purfued his difcourfe: "Doth not every parlia-
ment-man's heart rife to fee the prelates thus ufurp to
themſelves the grand pre-eminence of parliaments, the
granting of fubfidies; and that under fo prepofterous a
name as a benevolence, for that which is a malevolence
indeed? Who can think with patience on fuch an enfnar-
ing oath as that the new canons enjoin? where, befides
the fwearing fuch an impertinence as that things necef-
fary to falvation are contained in diſcipline; befides the
fwearing that to be of divine right which the learned.
never pretended was fo, as the arch things in our hie-
rarchy; befides the fwearing not to confent to the change
of that which the ftate may upon great reaſon think fit
to alter; befides the bottomlefs perjury of an et cætera ;
men muſt ſwear that they fware freely and voluntarily
what they are compelled unto; and laftly, that they
fwear that oath in the literal fenfe, whereof no two of
VOL. II.
Ddd.
the
38.6
HISTORY OF ENGLAND.
1
Ann. 1640.
·
·
the makers themſelves, that I have heard of, could ever
agree in the underſtanding. For thofe particular heads of
grievances whereby our eftates and properties are radi-
cally invaded, it hath been a metaphor frequent in par-
liament, and, if my memory fail me not, was made ufe
of in the lord-keeper's fpeech at the opening of the laſt,
that what money Kings raiſed from their fubjects it was
but as vapours drawn up from the earth by the fun, to
be diſtilled upon it again in fructifying fhowers. The
compariſon, Mr. Speaker, hath held of late in this king-
dom too unluckily: What hath been raiſed from the fub-
ject by thofe violent attractions hath been formed, it is
true, into clouds to darken the fun's luftre, and hath
fallen again upon the land, but in hail-ftones and mil-
dews, to batter and proftrate our liberties, to blaft and
wither our affections." Lord Digby concluded his fpeech
with a motion, that a remonftrance fhould be preſented
to the King, clearly pointing out the pernicious authors
of public calamities.
庸
​•
4
SIR John Colepeper, one of the members for Kent, ex-
patiated on the public evils, and the particular ones of
his county. Mr. Grimſtone obſerved, that this was the
age which produced Achitophels, Hamans, Woolffies, Emp-
fons, Dudleys, Treffilions, and Belknaps, monſters of all
forts.
Mr. Bagſhaw afferted, that the honor of a king
confifted in the wealth of his people; that to make a
people rich, they muſt have eafe and juftice; eaſe in their
conſcience from the bane of fuperftition, the tortures of
ftrange oaths; eafe in their perfons from illegal arrefts
and impriſonment; in their lands from forefts where ne-
ver deer fed; from depopulations where never farm was
*
decayed;
CHARLES I
38.7
" It
decayed; and from incloſures where never hedges were Ann. 1640,
made. They muſt have juſtice, or they could not fubfiſt;
if the ftreams of justice were by unrighteouſneſs turned
into gall and wormwood, or by cruelty into blood, the peo-
ple who drank of thoſe brooks muſt needs periſh. Mr. Bag-
fhaw obſerved on the ftrictneſs of the oath the judges were
obliged to take, and on the infringments of that oath,
will be never better times, faid he, if the authors of theſe
evils go unpunished; during parliament, like frozen ſnakes,
their poifon dries up; but let the parliament diffolve, and
then their poiſon ſcatters abroad, and does more hurt than
ever. What the plaifter will not do muſt be done with the
faw: Let them be cut off in their wickednefs who have
framed mifchief as a law; let the violation of the ftatute
of monopolies, and the Petition of Right, be made felony,
or premunire at the leaft; and in the interim let the au-
thors of our miferies be made examples of puniſhment.".
THE eminent fpeakers did not fail to repreſent the na、
tional grievances with the high colouring of the moſt
lively eloquence: But the Houfe, tho' fufficiently warmed
with the difcuffion of thefe topics, were at preſent too
much ingroffed on a very particular and interefting point
to come to any refolutions on theſe general heads. Sir
John Clotworthy, an Irish gentleman, on the very firſt day
of the Commons entering on buſineſs, had drawn fuch a
picture of the tyrannical adminiſtration of the kingdom
of Ireland, as increaſed the prejudices of the Houſe againſt
its already-detefted governor..
-
vol. I. p. 137-
On the eleventh of November, when it was certainly Clarendon,
known that Strafford was arrived in London, Mr. Pym,
Ddd 2
in
388
HISTORY OF ENGLAND.
1
ง
Ann. 1640. in a long diſcourſe in which he enumerated all the grie
vances of the nation*, faid, "If any thing could in-
creaſe their indignation againſt the enormous and crimi-
nal project which had been formed of fubverting the
laws and liberties of the kingdom, it would be to find,
that the conftitution had been endangered by the worft of
minifters under the reign of a pious and virtuous King.
We muſt enquire, added he, from what fountain theſe
waters of bitterneſs flow; and though doubtless many
evil counſellors will be found to have contributed their
endeavours, yet there is one who claims the guilty pre-
eminence, that is Strafford; a man who, in the memory
of many prefent, hath fat in this Houfe an earneſt vindi-
cator of the laws, and a moft zealous affertor and cham-
pion for the liberties of the people; but it is long fince
he turned from thefe good affections, and, according to
the cuſtom of apoftates, is become the greateſt enemy to
the liberties of his country, and the greateſt promoter of
tyranny than any age hath ever produced." Sir John
Hotham, a Yorkſhire gentleman, and others, fpoke to
the fame effect; and after many hours ſpent in inveigh-
ing againſt this notorious criminal, the doors having
been previouſly locked to prevent diſcovery of the intend-
ed purpoſe, when the reſentment of the Houſe was in-
flamed to its higheſt pitch, it was fuddenly moved, that
* In this enumeration, Mr. Pym mentions the fale of nuifances:
"The King, ſaid he, is to take care of the public commodities and
advantages of the ſubject, as rivers, highways, common-fewers, by or-
dinary writs ad quod damnum; but now it is done by a courſe extra-ju-
dicial, by enforcing compoſitions; ſo if a nuiſance is compounded for
it is a hurt to the people; if no nuifance, then it is uſed to the party's
prejudice. Parl. Hift. vol. IX. p. 65.
the
HAR LE S I..
389
'
?
the earl of Strafford fhould be immediately impeached of Ann. 1640.
high-treafon.
THIS motion was received with univerfal approbation;
nor had there been in the whole courſe of the debate one
perſon who offered teftimony in favour of the offender.
Lord Falkland, a man greatly bigoted to forms, propofed
that the particulars which had been mentioned ſhould be
digeſted by a committee before accufation; declaring at
the fame time, that he was fully fatisfied there was
enough for a charge. Pym foon removed this interrup-
tion by telling Falkland, that the delay he propoſed would
probably blaſt all their hopes; that the earl's power with
the King was fo great, that when he ſhould learn his
wickedness was difcovered, he would immediately pro-
cure the diffolution of the parliament, or attempt fome
other defperate meaſure for his prefervation; whereas, if
he was unexpectedly impeached of high-treaſon, the Lords
in juſtice would be obliged to commit him to fafe çuſto-
dy, and thus he would be fequeftered from having acceſs
to his majefty. The Commons, convinced by this argu-
ment, voted the accufation; and Mr. Pym was chofen to The Com-
carry it up; and, to fhew their unanimity on this point, Strafford of
almoſt the whole body attended the meffenger.
STRAFFORD was at this time in the Houſe of Peers:
It is conjectured, that he had an intention this day to ac
cuſe the lord Say and other members of both Houſes,
who were thought to have held a correfpondence with
the Scots, He found the Lords in a debate that took
them up a confiderable time*; and whilft he was wait-
*The debate was concerning the Scotch treaty.
ing
monsimpeach
high-treafon.
مرا
390
HISTORY OF ENGLAND..
Po--
Ann. 1640. ing for an opportunity to addrefs them, Mr. Pym ap-
peared at the bar, and, in the name of all the Commons-
of England, impeached him of high-treaſon, and defired
that he might be fequeftered from all councils, and be
put into fafe cuftody. No fooner was Mr. Pym retired,
than the Lords, with almoft one voice, called upon
Strafford to withdraw. He having obtained leave to be
heard, endeavoured to influence the Lords, by reprefent-
ing to them, that it would be of bad confequence to their
privileges and birth-right, if, upon fuch a general charge,
they ſhould ſuffer a peer of the realm to be committed
to cuftody, and deprived of his feat in parliament.
tent as theſe reafons muft appear to an ariftocratical af-
fembly, yet on this occafion they had not the intended
effect: The Lords, with very little debate, refolved he
fhould be committed to the ufher of the black rod, to
remain under his care till the Commons fhould bring in
a particular charge. Upon his knees, at the bar of the
Houſe, was this determination pronounced to him. The
ford-keeper having performed this office, Strafford was
taken away by the ufher; and Mr. Pym was called in,
and informed, that the Lords had complied with the de-
fire of the Commons.
•
1
*
LIBERTY had now begun her triumphant courfe; her
inveterate enemy was, on the firft attack, fubdued. The
arrogant Strafford, who the year before entered the up-
per houſe with the parade of a conqueror, and whilſt he
related the wonders of his Iriſh adminiſtration, was re-
ceived by the Lords with applaufe for the fuppofed wif
dom of his conduct, and who this very day had entered
that affembly with imperious thoughts, and diſdainful
་
M
1
fen
CHARLES I,
391
Š
+
fentiments againſt the Commons, was in an inftant, by Ann. 1640.
the enemies he defpifed, reduced as a criminal to receive
on his knees the fentence of impriſonment. The Com-
mon's fent over to Ireland for Sir George Radcliffe and
Sir Robert King, to appear as witneſſes againſt Strafford ;
but on being informed, that Radcliffe had been the tool
which Strafford had made uſe of to execute all his infa-
mous purpoſes, they likewife impeached him of high-
treafon*, and fecured his perſon. Mr. Pym, with his
ufual accuracy, in a conference with the Lords on this
fubject, made this diſtinction on the nature of the cor-
ruptions which had influenced theſe miniſters: "In the
crimes committed by the earl, faid he, there is haughti-
neſs and fiercenefs; in thoſe of Sir George Radcliffe more
of baſeneſs; having refigned and fubjected himſelf to be
acted upon by the corrupt will of another. The earl of
Strafford hath not been bred in the ſtudy of the law, and
having ftronger lufts and paffions to incite, and lefs
knowledge to reftrain, might more eaſily be tranſported
from the rule; but Sir George Radcliffe, in his natural
temper and difpofition being more moderate, and by his
education and profeffion better acquainted with the
grounds and directions of the law, was carried into his
offences by a more immediate concurrence of will, and
a more corrupt fuppreffion of his reafon and judgment."
*
*
**He had been already impeached of high-treafon by the Iriſh Com-
mons Houſe. Audley Mervin, who carried up his impeachment to
the Irish Peers, told them, that his treafons had tranſcended ſo much
all former ones, that they ſeemed to be "but petty-larcenies in reſpect
of his. In this ſpeech of Mervin he complains, that the claufe in the
Iriſh addreſs relating to Strafford was fraudulently inferted. Rushworth,
vól. IV. p. 214.
1
THE
}
1
392
Ann. 1640.
HISTORY OF ENGLAND.
•
+
THE proceedings of the Houfe of Commons were.
equally quick in regard to other criminals: They had
examined two meffengers, Newton and Gray, and the
keepers of the priſons about London, on the very day of
Strafford's impeachment; and fecretary Windebank was
ordered to anſwer for the many interruptions he had
given to the proceffes againſt priefts and Papifts. This
delinquent, who had been formerly Laud's creature, and
promoted to the office of fecretary by that prelate, had
fo entirely devoted himſelf to the Queen, that he became,
if not a Papiſt himſelf, a profeffed patron of that fect: He
not only protected priests in his houfe, but terrified the
meffengers by threats from molefting them. One of the
articles in his impeachment mentioned feventy-four let-
ters of grace to Recufants, figned by his own hand: an-
other was, fixty-four priefts difcharged from the Gate-
houſe, twenty-nine of the number by his verbal order.
Windebank was in the Houſe when theſe warrants of dif
charge were produced; whilft the matter was debated,
he was ordered to withdraw, and finding that the proofs
would be very strong againſt him, he retired to his own
houſe, and fled the kingdom the next morning. From
Calais he wrote a letter to the earl of Pembroke, wherein,
according to the cuftom of other offending minifters, he
vindicated himſelf on the unconftitutional plea of having
committed offences in obedience to his maſter's com-
mands *.
* Windebank had obtained a diſcharge from the King of all penal-
ties that he might incur from his conduct in regard to Recufants, He
got fafe out of the kingdom by a mandate, figned by the King, to fuf-
fer him to pafs without moleftation. His papers were fecured from
fearch by Cottington: Among thofe that came to light were found notes
relative
8
?
C
393
HARLES S I.
*
THE public did not long languiſh for a parliamentary Ann. 1649.
profecution against the object of their extreme hatred.
The prelate Laud, that declared zealot for tyranny and
perfecution, could not long eſcape in the ftrict fcrutiny
that was now making concerning grievances: After a
long debate on the new made canons, it was refolved,
that they did not bind either the clergy or the laity of
the land; that the faid canons and conftitutions con-
tained in them matters contrary to the King's preroga-
tive, to the fundamental laws and ftatutes of the realm,
the rights of parliament, the property and liberty of the
fubject; and were matters tending to fedition, and of
dangerous confequence: It was refolved alſo, nullo contra-
dicente, that the contribution granted to the King by the
clergy in the feveral convocations holden at London and
York in 1640, were contrary to the laws, and ought not
'to bind. In the debate previous to theſe refolutions, Sir
Edward Deering, one of the members for Kent, a man
who poffeffed volubility in ſpeaking, and who had taken
fome pains to attain a knowledge of the nature and
grounds of theſe pretenfions of the prelates that were
now become the fubject of difpute, made a long fpeech, Rushworth,
in which he expoſed all the palpable objections that lay vol. IV.
againſt the convocation or fynod, as they termed them-
felves. He called it a conventional, fynodical affembly
of commiffioners, a threefold chimera, a monſter to the
law of the land, and a Cerberus to the religion. He
entered into a deep difcuffion on fynods, and alleged,
that from the time of the apoftles they were ecclefiafti-
cal councils, chofen by the free voice of clergy and laity;
relative to an union with the church of Rome. Prynne's Introduction to
the Trial of Laud, p. 124, 131, 146.
Eee
VOL. II.
that
p. 100.
394
HISTORY OF ENGLAND.
1
Ann. 1640. that even the Roman-catholics acknowledged, that the
church could not be reprefented if the laity were ex
cluded; for the acts of national fynods being binding to
the whole nation, it could not juftly be fo if the laity had.
no ſhare in the confultation, or choice in the confulters.
canons.
He
MR. Nathaniel Fiennes, fon to the lord Say, a young
man of good parts and great reading, made a long, yet
judicious harrangue, on the enormities that were in the
In the firft, he ſaid, the convocation had affumed
a parliamentary power in a very high degree: They had
not only defined what the power of the King was, what
the liberty of the fubject, but had forbid perfons to ſpeak.
in any
any other way than according to their definition.
afferted, from the authority of their own text, the fa
cred fcriptures, that all magiftracy was the ordinance
of man: "But theſe divines, continued he, have an aim
in teaching that kings are an ordinance of God; for
then they muft receive the manner of their government
from the prefcript of God's word; and confequently, if
there is no text in either of the Teftaments, that kings.
may not make laws, nor lay impofitions without parlia-
ments, they may do it out of parliament. In the fecond
canon they have alſo aſſumed to themſelves a parliamen-
tary power, to appoint holidays contrary to the exprefs
words of the ftatute. In the canon against fectaries there
is an efpecial provifo, that it fhould not derogate from
any ftature or law made againſt them; as if their canons
had power to difannul an act of parliament. In the fourth
canon, againſt Socinianifm, they determine an herefy not
determined by law; a point exprefly referved to a par-
liamentary determination: In this canon, for the moſt
trifling
CHARLES I.
395
4
trifling offences, fuch as bringing a book over from be- Ann. 1640.
yond fea which differs from the difcipline of the church
of England, men are to be excommunicated ipfo facts,
and lie under the fame penalty as if they had main-
tained an opinion contrary to the moſt material point of
faith. In the fixth canon they have undertaken to im-
poſe new oaths on the ſubject, a power of an higher na-
ture than to make a law; for a law binds no longer
than till another law is made, or whilſt the perſon re-
fides in the land; whereas an oath binds for a man's life.”
Mr. Fiennes proved, that thofe canons which had the moſt
favourable appearance carried in them a great degree of
malignancy, and moved that the Houfe would proceed to
condemnation.
THE Committee appointed to prepare the votes con-
cerning theſe matters, had particular directions to confi
der how far the archbiſhop of Canterbury had been an
actor in theſe proceedings; and farther to examine what
part he had acted in the great defign of the fubverfion of
the laws and religion of the realm; and to prepare and
-draw up a charge againſt him, and fuch others as fhould
appear offenders in theſe particulars. This was the pre-
lude to Laud's impeachment: Complaints poured in on
all fides; he was accuſed by the Scotch commiſſioners of
being the prime caufe of thoſe innovations in their reli-
gion which had occafioned the prefent commotions; let-
ters were produced that had paffed between him and the
Scotch biſhops: Theſe proved, that he had for fome years
-directed the ecclefiaftical affairs of that kingdom; and,
by the force of menaces and promiſes, had maintained an
high degree of authority over the epifcopal order. On the
✓
*
Eee 2
report
1
396
HISTORY OF ENGLAND.
Ann. 1640. report of their committee, the Houfe of Commons did
not heſitate to accuſe him to the upper houfe of the crime
Laud accufed of treafon. Mr. Hollis was appointed to carry up the
meſſage, and the Lords immediately committed him to
the cuſtody of their uſher:
fon.
M
--
F
1
On this accufàtion, Laud defired leave to fpeak: He
entered into a proteftation of his innocency, and had the
imprudence to fay, that there was not a member of the
Houſe of Commons who believed in his heart he was a
traitor: For this unguarded expreffion he was fharply
reprehended by the earl of Effex. He defired to be pro--
ceeded with in the ancient parliamentary way, but was
checked by the lord Say for pretending to dictate to the
Houſe. He begged leave to recant what he had faid
but was refufed: And thus this arrogant churchman,
who had for many years directed almoft every court of
juſtice in the kingdom, was in a moment reduced to the
condition of a criminal, and denied thofe indulgencies
and civilities which a lefs detefted perfon of his age and
rank would have found in fuch mortifying circum-
ftances * Many bitter fpeeches had been made againſt
him in the lower houſe: Sir Edward Deering declared,
he had exerciſed a fupreme ecclefiaftical power in the
three kingdoms; and mentioned fome particulars con-
cerning his arbitrary proceedings; that he pleaded fair
备
​-
* The Lords fined him five hundred pounds for the impriſonment
of Sir Thomas Howard. Sir John Lamb and Sir Henry Martin were.
fined two hundred and fifty pounds a-piece for the fame caufe. Frank-
lyn's Annals, p. 881.
Laud, in his Diary, makes the following obfervation on this fentence:
"In fuch a cafe, fay the impriſonment were more than the law allowed,
what may be done for honour and religion fake?" Rubw.vol. III. p. 1087.
for
1
ཏཾ, ཀ?
$
HAR LE S I.
397
for a patriarchate; but if there muſt be ſuch a gover- Ann. 1640.
nor, a pope at Rome would do lefs hurt than a patriarch
at Lambeth. Mr. Grimftone faid, "that he was the fty
of all peftilential filth; that it was him that had infected
the ftate and government of the common-wealth; he
益
​was the author of all the miferies it now groaned under;
he had brought in the earl of Strafford *; given the fe-
cretaryfhip to Windebank; and promoted Montague,
Manwaring, and all thofe prelates who were fufpected of
popery; there was fcarce any grievance or complaint in
which he was not mentioned; like a bufy angry wafp,.
his fting was in every thing; he was the corrupt fountain
that had vitiated all the ftreams; till that was purged,
clear channels could not be expected." Laud petitioned
the upper house for liberty to take the air; this favour
was granted, with a provifo that he fhould do it in the
company of his keeper, and not be fuffered to ſpeak to
any body out of his prefence...
THE inftruments of this prelate's tyranny did not ef
cape the avenging arm of juftice, who had now fet up
her ftandard in both Houſes of parliament. Matthew
Wren biſhop of Ely, and Pierce biſhop of Bath and Wells,
were informed againſt for many high crimes and mifde-
meanors; fuch as practifing and enforcing fuperftition
and idolatry, and perfecuting thoſe who did not ſubmit
to theſe corruptions. At the defire of the Commons,
they were ordered by the Lords to give bail for ten thou-
fand pounds to ftand the judgment of parliament. Every
member of the late convocation was condemned to large
'
*Strafford was brought in by the
patronized and promoted by Laud.
earl of Portland, and immediately
Lloyd's Worthies, p. 22.
:
finess:
398
HISTORY OF ENGLAND.
Ann. 1640. fines; and numbers of ecclefiaftical delinquents were fe-
verely puniſhed by impriſonment, or otherwife, for being
guilty in their feveral cures of perfecution and idolatry *.
THE attack on the clergy did not ftop at the punila-
ment of the individuals of the order: A bill paffed the
lower houfe for difabling bishops or any clergyman,
from being privy-counſellors, or in the commiffion of the
peace, or to have judicial power in the Star-chamber, or
in any civil court. Mortifications of all forts overwhelmed
that body, who had been for fome time the church tri-
umphant. The name of the ſpiritual lords was left out
in acts of parliament, and the law ran in the name of
King, Lords and Commons †. On the day appointed for a
folemn faft and humiliation, the whole order of temporal
peers, contrary to former practice, in going to church took
Diurnal Oc. place of the fpiritual. Carlifle and Morton, two mo-
derate biſhops, were appointed to preach; and whilft the
fecond fervice was reading at the communion-table, it
was interrupted by the fudden finging of a pfalm.
Marſhal and Burgeſs, two clergymen who had been ſtig-
matized with the epithet of puritanical, preached ſeven
hours before the Commons; and, as a requifite prelimi-
nary to their receiving the facrament, the communion-
table was removed from the Eaft-end of St. Margaret's to
currences, ed.
1641, P•4•
-
* The ſeverity of juftice was fharpened from the reſentment of that
cruel ufage which the non-conformists had met with in this reign. One
Dr. Layfield pleaded, that he had privilege as a member of the convo-
cation-houſe; but the Commons refolved that he fhould be fent for as
a delinquent, notwithſtanding his plea. Rushworth, vol. IV. p. 59.
+ The clerk of the upper houfe, in reading the bills, turned his back
upon the bench of bifhops. Hume, vol. I. p. 264.
1.
F
the
CHARLES I
399
the middle of the area. This was a prelude to the fol- Ann. 1640.
lowing order: That commiffioners be ſent into all coun-
ties for the defacing, demolishing, and quite taking
away, all images or tables turned altar-wife, crucifixes,
fuperftitious pictures, monuments, and relicks of idola-
try, out of all churches and chapels. A committee which
was appointed by the Commons to take cognizance of
the offences of ecclefiaftics, and uſually denominated the
committee of fcandalous minifters, received daily accounts
of fuch follies and enormities committed by that body,
that the refentment of the Houſe was continually fupplied.
with new fuel t..
THE preſent temper of the Commons encouraged the
public to hope an entire releaſe from the ſpiritual tyranny
they had fo long endured. The citizens of London, to
the number of fifteen thoufand, fubfcribed a petition
againſt the hierarchy and government of the church of:
Williams dean of Weſtminſter told the committee of the Com-
mons: who came to him on this buſineſs, that he would readily obey the
Commons, and do the like on the requeſt of any parishioner in his
diocefe.
The lord-mayor, and the juftices of peace for Middlefex and Weſt-
minſter, received orders from the Commons, that the ftatutes concern-
ing the Lord's-Day ſhould be put in execution.. Ruſhworth, vol. IV.`.
P: 53, 223...
:
A complaint was made againſt a minifter for faying, that Puritans
were damned rogues becauſe they refufed the oath; he hoped they
would hang in Hell; and wifhed himſelf in Hell to be their hangman;
and taught in his pulpit, that every one ought to learn to dance, for
thoſe who could not dance would be damned. Another complaint was
exhibited, that in a certain parish in the Weft country two days were
fpent in the dedication of an altar-cushion and pulpit-cloth. Diurnal
Occurrences, p. 32, & seq...
England
400
HISTORY OF ENGLAN D.
4
Ann. 1640. England. To the petition was annexed twenty-eight
articles, containing objections to the epifcopal office:
Thoſe objections were founded on the unlawfulneſs of
the order, the vices of thofe who compofed it, and the
abufes with which it had been exerciſed. This petition
was preſented to the Houfe by alderman Pennington,
and was followed by three more of the fame kind; one
Smollett's
from Glocefter, one from the inhabitants of the county
Complete
Hift.vol.VII. of Kent, and another ſubſcribed by feven hundred mi-
Diurnal nifters. Theſe petitions were very warmly attacked by
P. 33. the lord Digby, and with much learning defended by
Mr. Fiennes: The Houſe had the complaifance to order,
Rushworth, that they fhould be committed, and in convenient time
P. 170, & feq. debated.
p. 167.
Occurrences,
vol. IV.
HITHERTO the King ſeemed to have refigned himſelf
to the fudden fate which had fo unexpectedly fallen upon
him----In one moment of time reduced, from governing
with an abſolute ſway, to be the moſt infignificant and
the moſt impotent part of the legislative power: But
rouſed by the danger which now threatened his beloved
epiſcopacy, he fent for the two Houfes to Whitehall,
and told them, that he intended to reform all innova-
tions in church and ftate, and to reduce matters of re-
-ligion and government to what they were in the pureft
times of queen Elizabeth; but that fome men, encou-
raged by the fitting of this parliament, more maliciouſly
than ignorantly, put no difference between reformation
and alteration of government: Hence it came that divine
fervice was irreverently interrupted, petitions were tumul-
tuouſly given, and much of his revenue detained and
diſputed. "Now, added he, I put great difference be-
twixt
CHARLES I.
401
1
+
:
twixt reformation and alteration of government: Tho' I Ann. 1640.
am for the firft, I cannot give way to the latter. I will
not fay that bishops may not have over-ftretched their
power, or encroached upon the temporal, which, if you
find, correct and reform the abuſe according to the wif
dom of former times; and fo far I am with you: Nay
farther, if upon ferious debate you fhall fhew me that
bithops have fome temporal authority inconvenient to
the ftate, and not fo neceffary to the church for the fup-
port of sepifcopacy, I fhall not be unwilling to perfuade
them to lay it down *. Yet by this you muft underſtand,
that I cannot confent to the taking away of their voice
in parliament, which they have anciently enjoyed under
fo many of my predeceffors, even before the conqueft,
and ever fince, and which I conceive I am bound to
maintain, as one of the fundamental inftitutions of this
kingdom."
:
ALL the partizans of the church-faction, and thoſe of
monarchical principles, have been very liberal in their
commendations of this fpeech, and in their cenfures of
the parliament for not feizing the opportunity fo gra-
ciouſly offered by the King, of effecting a thorough re-
conciliation of parties, of piecing up the machine of
government, and ſuffering it to run on quietly on its
*:
Rapin obferves, that the King feemed to banter the Commons in
'faying, that if they would fhew him the biſhops had any temporal au-
thority inconvenient to the ſtate, he ſhould not be unwilling to defire
them to lay it down; as if the parliament ought to have expected, from
the pure condeſcenſion of the biſhops, the reformation of an authority
prejudicial to the ſtate: A-maxim directly contrary to the principles they
then acted on. Rapin, vol. XI. p. 80, & feq.
1 VOL. II.
Fff
old
402
HISTORY OF ENGLAND.
督
​Ann. 1640. old axis. Such are the fentiments of thofe who hold in:
veneration the regal and hierarchical tyranny that fo long.
prevailed in this country. To the fenfible part of both.
Houſes of parliament furely it must have appeared highly
ridiculous to have heard the King, who, by his exercife
of the power he found the crown poffeffed of at his ac-
ceffion to the throne, had fully expofed the abuſe to which
it was liable; who, by the general deteftation his tyranni-
cal government had occafioned, was in a manner unking-
ed, and all his prerogatives at the mercy of an able po--
pular parliament: to hear him, at fuch a juncture, and
in fuch circumftances, offer, as a favour to his people, to
concur with them in meafures to bring things back to
their old channel, and to leave him in a fituation to run
another career of tyranny, with power to perfecute every
individual who had entered into any active meaſure againſt
the malignancy of his prerogative..
NEITHER House of parliament took any notice of the
King's fpeech: They joined in a remonftrance which
fhewed how many priests had been diſcharged within a
few years; that the pope had a nuncio or agent at Rome
refident in the city of London; that the Papists as pub-
licly reforted to hear mafs at the Queen's palace as others
did to attend their parish-churches. For theſe reaſons,
they infifted on the neceffity of the laws being put into
execution against jefuits and feminary priefts; and that
one Goodman, a prieft, fhould be left to the juſtice of
the law. To this the King thought fit to return anfwer,
that he would provide againſt jefuits and prieſts, by ſet-
ting forth, with all fpeed, a proclamation commanding
them to depart the kingdom, under pain of being pro-
ceeded
CHARLES I
403
}
✩
*
3
ceeded againſt according to law; that as to Roffetti, he Ann. 1640.
had no commiffion as a nuncio, but to entertain a per-
fonal: correfpondence between the pope and the Queen;
he would' perfuade her to remove him, fince the mifun-
derstanding of his condition gave offence; that he would
take care to reftrain his fubjects from reforting to mafs
at Denmark-Houfe, St. James's, and the chapels of am-
balladors; for Goodman the prieſt, he had reprieved him,
becauſe, as neither queen Elizabeth nor his father avowed
that any priests were executed merely för religion *, it
might be of bad confequence to his fubjects and the Pro-
teſtants abroad; but he remitted that particular caſe to
both Houſes. The Commons fent an order to all the
juftices of the peace of Weftminſter, London, and Mid-
dleſex, and all the counties in England and Wales, en-
joining them to command the churchwardens, and other
officers, to prefent the names of the feveral Recufants
within their pariſhes, that they might be proceeded againſt
according to law, notwithſtanding any inftitution or
reſtraint.
"THE circular letters written by the Queen, by Sir
Kenelm Digby, Mr. Mountague, and the body of Papiſts
in London, were laid before the Commons; and Digby,
Mountague, Sir John Winter, and Sir Bafil Brook, were
ftrictly examined concerning the difpofal of the monies
raiſed, and the authority which Con and Roffetti had from
the pope. The Queen fent a letter to the Commons,
informing them, that it was the who had written ef-
3
* If the law was a bad one, it ought to have been repealed, and not
always difpenfed with by the authority of the King,
Fff 2
fectually
404
HISTORY OF ENGLAND.
Ann. 1640.
fectually to the King to perfuade him to call a parlias
ment; that fince the has been willing to do all good of
fices between the King and the people, fhe would remove
Roffetti in convenient time; and for the reſort complained
of, would be careful not to exceed that which was con
venient and neceffary for her, religion. She farther ob-
ferved, that the parliament was not fatisfied with the
manner of raising money at her entreaty from the Ca
tholics; that he was moved thereunto by her dear and
tender regard to the King: If it was illegal, he was ig
norant of the law, but promiſed hereafter not to do any
thing that did not ſtand with the eſtabliſhed laws of the
realm. This meffage was intended to conciliate the af
fections of the Commons; perhaps there was a mixture
of female vanity in it: But furely the only probable ef,
fect it could have, was to convince the Commons of the
uxoriouſneſs of their monarch; that he did not act, on
the moſt important occafions, by the dictates of his own
judgment; but was entirely fwayed by the prevailing
paffion of the perfon to whom he had devoted his af
fection, No other anſwer was returned to the Queen's
letter, but that the Commons gave her majefty thanks
for her gracious expreffions..
·
?
SOME time after, the King fhewed to the upper house-
a letter he had received from Goodman the prieſt; where-
in he defired to be executed rather than live the fubject
of diſcontent between the King and people. The letter
probably had the effect for which it was written, and
excited feelings of compaffion in the parliament: The
Commons dropt the purfuit, and we hear nothing of
Goodman's execution. The profecution of other kind
of
3
C H H AR L
R LE
405
E S I.
!
#
of criminals took up, at this time, the attention of the Ann. 16404-
Houfe, The Commons having fecured the two noto-
rious offenders, Strafford and Laud, mortified the church,
and put the ecclefiaftical affairs of the kingdom in fome
train of reformation: They took into confideration the
general heads of their civil grievances; they cancelled Patents for
all the patents which had been granted for monopolies, cancelled,
as contrary to exprefs ftatutes; declared every one con- lifts cenfured.
cerned in them delinquents; and expelled all their mem-
On the grie--
bers who were monopolifts or projectors.
vance of monopolifts, Sir John Colepeper, member for
暇
​Kent, made to the Houfe the following ludicrous repre-
monopolies
and monopo-
vol. IV.
P. 33, & feq.
ſentation: "The monopolifts and polers of the people, Rushworth,
faid he, like the frogs of Egypt, have gotten poffeffion
of our dwellings, we have fearce a room free for them;
they fup in our cup, they dip in our difh, they fit by
our fire; we find them in the dye-fat, waſh-bowl, and
powdering-tub; they fhare with the butler in his box;
they have marked and fealed us from head to foot. Mr.
Speaker, they will not bate us a pin; we may not buy
our own cloaths without their brokage: Theſe are the
leeches that have fucked the commonwealth ſo hard that
it is almoſt become hectical. Some of them have a
vizard to hide the brand made by that good law in the
laft parliament. of king James; they fhelter themſelves.
under the name of a corporation.".
To fhew the privy-counsellors what the Commons
thought of their paſt conduct and pretenfions, one Mr.
Neville, a member of parliament, was committed to the
Tower for reporting to the council what had been ſpoken
in the Houfe. Sir William Saville was fent for as a de-
linquent
406
HISTORY OF ENGLAND.
Journals of
Commons,
vol. II. p. 46.
Writs of
fhip money
declared ille
i
*
Ann. 1640. linquent on the fame account. A committee was ap-
I pointed to take into confideration the breaches of parlia-
mentary privilege, both in the laft parliament, and that
of the third of this reign, and eſpecially the proceedings
againſt Mr. Hollis, Sir John Elliot,&c. to confider what
reparations were fit to be granted to the parties grieved,
and of fome courfe to prevent the like hereafter. On
the queftion, it was refolved, nullo contradicente, that the
charge impofed upon the ſubject for the, providing and
furniſhing of ſhips, commonly called fhip money, was
against the law of the realm, and the fubjects right of
property, contrary to former refolutions of parliament,
and to the Petition of Right; that the extra-judicial opi-
nions of the judges were contrary to the faid laws and
refolutions, and likewife all the writs commonly called
fhip writs; and the judgment in the Exchequer in Mr.
Hampden's cafe, both in matter and fubftance. A com-
mittee was appointed to go to the feveral judges, to en-
quire of them, in what manner, and by whom, they
were follicited or threatened to give any opinion or judg-
ment concerning fhip-money *.
gal.
Nalfon, vol.I.
i
:
THESE Votes of the Commons were fent up to the
¿P.705, & feq. Lords by Mr. St. John, who, in a very elaborate and ju-
dicious diſcourſe, fet forth the extreme malignancy of the
A committee was alfo appointed to draw up a charge againſt the
lord Finch, and the reft of the judges in this bufinefs; to enquire alfo
of the feveral denials of Habeas Corpus and prohibitions, their extra-
judicial opinions and proceedings concerning ecclefiaftical jurifdiction,
and the court of Admiralty, their denial of legal and ordinary proceed-
ing in caſes of juftice, and binding of the whole kingdom in one man's
particular cafe. Rushworth, vol. IV. p. 89, & feq.
•
impo-
C
407
HARLES I.
Be the Byt
•
1
impoſition of ſhip-money, determined by the judges in Ann. 1640.
favour of the crown. "The meffage the Commons
have entrusted me with, faid he, is of fo high and ge-
neral a concernment, that the whole body of the king-
dom, both peers and people, are intereſted in it. It is
not that fhip-money hath been levied upon us; but
it is that thereby fhip-money is claimed, which is the
gift and carneft penny of all we have. It is not that
our perfons have been imprifoned for payment of ſhip-
money; but that our perfons and our lives are, upon
the fame ground of law, delivered up to will and plea-
fure. It is that our birth-right is loft, and that there
hath been an endeavour to reduce us to a lower ftate:
than villainage... The Lord might tax his villain de haute
& de baffe; might imprifon him, but his life was his
own; the law fecured him that. But, my lords, as the
law is now declared, it is difputable whether it does fo
much for us. My lords, the fubject of this meffage is..
to preſent the fenfe of the Commons to your Lordſhips :
That the laws of the realm have been intrufted into fuch
hands as have endeavoured to force upon them a con-
trary end to that for which they were ordained; of de-
fenfive to turn them into offenfive; and inftead of pro-
tecting us, to make them the inftrument of taking from
us all we have." Mr. St. John produced the opinion of
the judges in the cafe of fhip-money, and obſerved that
they were enrolled in all the courts of Weftminster, in
perpetuam rei memoriam." My lords, proceeded he, if
their opinion extend only to fhip-money, his majefty
may take what he will, and when he will; but ſhip-
money is not the whole extent of them: Ship-money is
due becauſe his majefty is the fole judge of the danger
6.6
of
408
HISTORY OF ENGLAN D.
1
Ann. 1640. of the kingdom, and how the fame is to be prevented;
becauſe his majefty, for the defence of the kingdom,
may, at his will and pleaſure, charge his people. Upon
the fame reaſon, compulfion may be uſed for maintaining
armies, caftles, forts, bulwarks; it may be multiplied
ad infinitum. His majeſty, in caſe of refractorineſs, may
compel the doing of this; he is the fole judge of the
danger, and how the fame is to be prevented. Whether
perfonal compulfion may extend fo far as life; whether
the words, "How it is to be prevented," doth not leave
the matter of it wholly in his majefty's breaft; I leave to
your lordships confideration." Mr. St. John obferved,
that the fhip-writs gave authority to the ſheriffs of each
county to diſtrain and impriſon, and that the judgment
given againſt Mr. Hampden was a plenary execution
of the opinion of the judges, and of the ſhip writs, and
was fo binding to the fubject, that an honourable perſon
was denied any argument or debate, for no other reaſon,
but that it had been adjudged already in the Exchequer.
Mr. St. John related the votes of the Commons on theſe
proceedings; votes paffed nullo contradicente, on the confide-
ration of the tranfactions of the parliament held the third
of Charles, when the Petition of Right was framed. He
fhewed, that the King's levying money on the ſubject on
any pretence was in this parliament condemned; even
where not only the King's honour, but the ſafety, and
very exiſtence of the King and people, and of the true
religion abroad, were in apparent danger, and when the
fupplies could not ſtay for a parliament; when the *peo-
ple were affured, on the royal word of a King, that their
money ſhould be bestowed on thoſe public fervices,
wherein every one of them, their wives, children, and
་
*
4
+
pofte-
CH AR LE S I.
409
;
pofterity, had their common and perfonal intereft, and Ann. 1640.
this in a cafe where only binding of money was expref-
fed; but it became compulfory by the inftructions to
bind over to the board and impriſonment for refufal.
This was firft refolved in the Commons Houfe to be
againft law, afterwards by the Houſe of Peers, confented
unto by his majefty, and declared fo in the Petition of
Right.
AFTER Mr. St. John had thus proved the illegality of
fhip-money, he proceeded to fhew the heinouſneſs of the
offence the judges had committed in giving an opinion
againſt the plain dictates of the law: They did not only
break their own oath, but, being entruſted with the per-
formance of this part of his majeſty's oath, were guilty
of an infamous breach of truft, and, as far as in them
lay, blemiſhed the facred perſon of the King with the
hateful fin of perjury. Mr. St. John produced examples
where baniſhment, death, and forfeiture of lands and
goods, were adjudged the puniſhment of this offence,
even when the tranfgreffion was not fo dangerous to the
ſubject as the cafe in queſtion. Judgment of high-trea-
fon was, in a parliament of the eleventh of Richard II.
given againſt judges for an opinion contrary to what
had been ordained by act of parliament. Violence had
·
been offered to theſe judges, but fear and cowardice were
not thought fufficient pleas; it was but one act; if they
had been put to it a fecond time, perhaps, they had re-
pented, for two of them the next day declared their grief
for what they had done: But the judges now in queſtion
proceeded a peffimo ad pejus peffimo, declared their opinion
in their circuits with additions, and a year after con-
VOL. II.
Ggg
firmed
410
HISTORY OF ENGLAND..
1
Ann. 1640. firmed them by an indictment in the Exchequer. Mr. St.
John farther obferved, that in the parliament of the ele-
venth of Richard II. eighteen perfons of eminent rank
were condemned of high-treafon for acting contrary to
what had been ordained by parliament; that of the
eighteen eight were executed, three fled, and the reft were
pardoned the forfeiture of their lives, but banished.
•
THE intereft of the Lords was in this cafe too appa-
rently concerned to need the force of ftimulating argu-
ments: They did not hesitate to vote the illegality of
fhip-money, in the fame manner as the Commons; and
that, nemine contradicente, they ordered the records of the
Rushworth, extra-judicial opinion of the judges to be erafed out of
P. 194, & feq. all the courts wherein they had been enrolled, and the
vol. IV.
judgment in Mr. Hampden's cafe to be brought into their
Houſe, and cancelled in their prefence. They likewife
ordered, that a copy of what they had done fhould be
delivered to the judges, to be publifhed at the affizes, and
that an act of parliament fhould be prepared concerning.
this matter.
No one was more liable to cenfure on thefe points,
and indeed on all illegal meaſures, than the lord-keeper.
Finch; all his promotions had been owing to the mean-
nefs, corruption, and villainy of his conduct: He it was
who being ſpeaker in Charles's third parliament had
left the chair, and refuſed to obey the commands of the
Houfe; he it was who had declared publicly, that whilft
he was keeper an order of the council fhould always,
with him be equivalent to a law; he it was who by per-
fuafions and menaces had procured the extra-judicial
opinions
2
CHAR LE S I.
411
༥ *
笑
​A
opinions of the judges, in the cafe of fhip money, in Ann. 1640.
foreft-affairs; in all oppreffive practices, he had been
ever the moſt active agent. To appeafe, if poffible, the
rifing, anger of the Commons, which increaſed as theſe
matters were fcrutinized, Finch defired to be heard at
~their bar: This was an unprecedented thing, and it could
*not but be pleafing to the patrons of Liberty to fee one
of the fatellites of the crown, who had long infulted
-over the conſtitution, who had raiſed himſelf to an en-
vied eminence by trampling on the liberties of his coun-
try, reduced to plead before that democratical affembly,
whoſe authority, when their fervant, he had rejected, and
to whom he had very lately dictated. The keeper's re-
queft was granted with little heſitation: There was a
chair fet to make uſe of if he pleaſed, and he was of-
fered leave to put on his hat; he waved the acceptance
of both theſe civilities, laid his purfe upon a ſtool placed
for the purpoſe, and continued bare-headed and ſtanding
all the time he spoke to the Houſe.
+
J
He pretended to juftify his conduct, but had nothing
ftronger to urge than that he was not the author and ad-
viſer of thoſe things that were complained of; he de-
nied that he had ufed perfuafions or menaces to the
judges †; and pretended, that in his own opinion on
fhip-money he had followed the dictates of his conſcience,
and that he meant it fhould be taken in caſes of appa-
*He faid, he would make it good that all England ftood upon foreft-
laws, except three counties. Diurnal Occurrences, p. 10.
+ On the examinations of the judges, it appeared, that fome of them
had been folicited and threatened.
G g g 2
rent
412
HISTORY OF ENGLAND.
Ann, 1640, rent danger, when there could be no other refource. On
the foreft-bufinefs, he faid, he had gone by records of
Edward IV. * Unfatisfactory as this defence of Finch's
was, the humble manner in which it was delivered, with
the eloquence of the pleader, moved the Houſe to ſenti.
ments of compaffion.
*
MR. Rigby, fearing that the foftnefs which had in.
fected his fellow members, would incite them to drop
the intended profecution, honeftly told them, that their
pity was foolish, and their mercy cruel, if either extended
to that filver-tongued fyren, who had effected fuch mif-
chief in the kingdom, who had recorded his injuſtice in
every court in Weftminfter. "Shall we, faid he, like
little children, when we have been whipped and beaten,
be pleafed again with fweetmeats; when we have been
injured and abuſed, be gained again with fair words and
compliments. Some birds, in the fummer of parlia
ment, will fing fweetly; but, in the winter of profecu-
tion, will for their prey ravenouíly fly at all. We fee,
by the folemn appointments of our courts of justice,
what provifion the wiſdom of our ancestors has made
for the preſervation and honour of justice; witness our
-
*He would have acted more. prudently if he had gone by the fta,
tute of 27 and 28 Ed. I. In Effex, being of the King's counfel, he pro-
cured jurors to make undue returns, and ufed threatenings to obtain
a verdict for the King. People were fined or turned out of eftates they
had enjoyed for near three hundred years, for pretended encroachments
on the foreft. Afterwards, having been promoted to be chief-juftice
of the King's-Bench, he advised the juftices in eyre to refufe traverſa
offered by the country, and all evidence but what ſhould be verbally
delivered. Rushworth, vol. IV. p. 137,
: ' ;
terms,
1
j
2
C H
HARLES I.
413x
terms, feffions, and affizes; the pomp and ſtate of the Ann. 1640.
judges in their circuits; by the fheriffs, knights, and
juftices attended, for the hanging of a poor thief for
the fealing of a hog or theep; in fome cafes for the
ftealing of a penny; and very juftly too, in terrorem;
and fhall not fome of them be hanged that have robbed
us of all our property, have ſheared all our fheep?" Mr.
Rigby concluded with defiring the Houfe, not to be fo
merciful to theſe wicked inftruments, as to be mercileſs
to the whole kingdom. The good fenfe of the Commons.
could not oppoſe the dictates of this ſeaſonable ſpeech:
They voted that the lord Falkland ſhould go up to the
Houſe of Peers, and accufe Finch of high-treaſon, in that Finch accuſed:
he had endeavoured to fubvert the fundamental laws and fon.
government of the realm, and, inſtead thereof, to intro-
duce an arbitrary and tyrannical government. It was
fo late in the day when this vote paffed that the Peers
had riſen: The impeachment was by neceffity deferred; Flies beyond{
which gave the criminal time to eſcape beyond ſea..
:
•
CLARENDON accufes the Commons of partiality and
deſign in fuffering theſe two guilty minifters, Winde-
bank and Finch, to fly the avenging arm of juftice; and
infinuates, that they were either biaffed by perfonal fa-
your to theſe criminals, or, fearing that Sir Henry Vane
would be found. involved in their crimes, were glad
to get rid of them. Whatever was the reaſon for the
conduct of the Commons, whether thefe affigned by Cla-
rendon, or whether they feared the popular tempeft.
would be too foon appeaſed, and the people become fati-
ated with blood if all the ftate-malefactors were brought
to execution, certain it is, that if they had been delirous
of high-trea-
fea.
&
tq
&
414
HISTORY OF ENGLAND.
:
Ann. 1640.
A
i
1
'ን
to fecure the perfons of thefe offenders, they would have
uſed more caution and expedition in their proceedings,
againſt them. Finch's impeachment, which confifted of
ten articles, was, notwithſtanding his flight, carried up
to the Houſe of Peers, and enforced by lord Falkland:
He faid, that Finch had committed crimes of fupereroga
tion ; that high-treafon was but part of his charge;
theſe crimes purſued him through the feveral conditions
of his life, as a filent fpeaker, an unjuft judge, and an
unconscionable keeper. Falkland obferved, that Finch
had endeavoured to lay the fubject open to the worſt of
invafions, that of want and poverty, by deftroying Li-
berty, that protector of property and induftry; that, if
he had fucceeded in making himſelf parliament-proof, in
this wealthy and happy kingdom, there could have been
left no abundance, but of grievances and diſcontent, and
no fatisfaction but amongst the guilty.
His crimes,
faid he, are treafons as well againſt the King as kingdom;
for whatfoever is against the whole, is undoubtedly
againſt the head. They take from his majefty the ground
of his rule, the laws; they take from his majeſty the
principal honour of his rule, the ruling over free men;
Rushworth, they endeavoured to take from his majefty the principal
fupport of his rule, the hearts and affections of thofe
Diurnal Oc- over whom he rules, a better and furer ftrength to the
ed.4to. Lond. King than the fea is to the kingdom *
1641, p. 16.
vol. IV.
p. 139.
currences,
*Lord Falkland was the firft man in the Houfe of Commons who
moved that a fele&t committee ſhould be chofen to draw up a charge
againſt Finch: "If he fhall be found, faid he, guilty of tampering
with judges againſt the public fecurity, who thought tampering with
witneſſes in a private caufe deferving of fo great a fine; if he fhall be
found to have gone before the reft to this judgment, and to have gone
beyond
י
''
CHARLES I.
;
415
X
THE Commons next fent up an accufation againſt Sir Ann. 1640.
The judges
John Brampftone, lord chief juſtice of the King's-Bench, accufed.
Sir Humphry Davenport, justice Berkley, and juftice
Crawley. The Lords enforced them to enter into recog-
nizance of ten thousand pounds a-piece to appear and an-
fwer before the parliament: At the fame time they or-
dered, that judge Berkley, for taking infufficient bail,
fhould pay a debt of five hundred pounds, with intereft,
which was owing to a citizen by the lord Wentworth.
This infamous judge, having been found more guilty
than his brethren, was, on a ftricter examination of his
conduct, impeached of high-treafon, and, to the exalta-
tion of Liberty and juftice, and the confufion of evil mi-
nifters, by order of the Peers, taken off his tribunal in Judge Berke
ley fent to
the court of King's-Bench, and carried to priſon. Lord prifon.
Nalfon,
Falkland diſtinguiſhed himſelf by a very warm fpeech vol. 1. p. 654.
against the judges..
vol. IV.
A YOUNG member, whofe name is not recorded, Rushworth,
poured forth very animated fentiments on the fame fub- p. 130.
ject, and recommended to the Houſe the exerciſe of juſtice
rather than mercy. He obferved, that the examples of
Empfon and Dudley had a very happy effect on the reign
of Elizabeth; that to pafs by the guilty was equal in-
juftice as to puniſh the innocent; that an omiffion of that
duty would render them fhamed in hiftory, and curfed
by poſterity: " The revenues of the crown fold out-right,
beyond the rest in this judgment; that in the puniſhment of it the juf-
tice of this Houfe may not deny him the due honour to precede and
exceed the reft."
The fine lord Falkland alludes to was the fentence Finch gave againſt
Williams. Rapin, vol. XI. p. 56..
faid
416
HISTORY OF ENGLAND.
+
t
1
•
Ann. 1640.faid he, will ſcarce repay the loffes of this fuffering na-.
tion. It is, without all queftion, in policy that exem-
plary puniſhments conduce more to the fafety of a ſtate
than pecuniary reparations. The civility of our laws
tells us, that Kings can do no wrong, but the ftate is
alone fecure when the judges, their minifters, dare do
none. We fee the bad effect of their bold erroneous
opinions: What was at firft but corrupt law, is, by en-
couragement taken from their impunity, become falfe
doctrine. The people are taught in pulpits they have no
property; kings inftructed in that ruinous principle, that
all is theirs. It is thence deduced into neceffary ftate po-
licy, that he is no monarch who is bounded by any law :
By which bad confequences, the beſt of kings hath been,
by the infufion of fuch poiſonous pofitions, diverted from
the fweet inclinations of his own natural equity and juf
tice; the very effence of a king taken from him, which
is preſervation of his people. And whereas falus populi is
or fhould be fuprema lex, the power of undoing us is
marked under the ftyle of what ſhould be facred royal
prerogative. It is high time to make examples of this
fubverted law, bad counfel, worſe doctrine. Let no man
think to divert us from the purfuit of juftice, by poifon-
ing the clear ftreams of our affection with jealous fears
of his majeſty's interruption; if we look too high, ſhall
we doubt his juftice, becauſe we have need of great juf
tice? We may be confident the King well knows that his
juftice is the bond of our allegiance, the proof of his fo-
vereignty."
→
י
1.
THE whole of this fpeech, which is long, breathes the
fame fpirited indignation again the corruptions and cor
rupt
CHAR
ARLES I.
417
rupt minifters of the times. The young orator began Ann. 1640.
this addreſs to the affembly in a ſtyle too peculiarly mo-
deft and graceful to pafs unnoticed: "It was a cuſtom,
faid he, among the Romans (who, as by their power they
"once gave laws, fo, by the happy fuccefs of their long-
flouriſhing government, might they well give examples
to all the world) that in their fenates the younger men
fpake firft, partly that they might not have their weaker
notions anticipated by the more knowing fenators, and
partly that the fenate might not be diverted from the
mature refolutions of the more ancient, by the interpo-
fition of the younger men; they, as all free ftates, ever
allowing free members to exprefs themſelves according
to their feveral capacities: And methinks it was a happy
method; fo the opinions and inclinations of the affem-
bly being difcovered, and ripened to refolutions by fuch
gradations, the fentences of the fages founded as judg-
ment, not orations; their wisdom and gravity put a ſea-
fonable period to perhaps otherwiſe endleſs diſcourſes.
Their precedent encourages me : Children can point out
their pain, and infant graduates in parliament may
groan out the grievances of a difeafed commonwealth;
but they must be doctors in the art of government that
can apply apt remedies to recover it.”
+
nants, fheriffs,
DURING the late tyrannical adminiſtration, very illegal
powers had been exerted by the lieutenants and deputy-
lieutenants of counties: The perfons who had fo acted Lord lieute-
were declared delinquents. The fheriffs who had affeffed &c. employed
individuals on the writs for fhip-money, though obliged hip money,
to it under fevere penalties, incurred the fame cenfure. criminal.
This may be thought a very rigorous procedure; but as
Hhh
Vol. II.
the
in levying
declared
418
HISTORY OF ENGLAND.
C
Ann. 1640. the King, by the maxims of law, could do no wrong,
his minifters and fervants, of whatſoever degree, were by
thofe maxims culpable, in cafe of any violation of the
conſtitution. Cowardice, or the defire of fcreening one's
perfon or fortune from damage, ought never to be ad-
mitted as a fufficient excufe for crimes of that high na-
ture: On theſe principles, all the farmers and officers of
the cuſtoms who had been employed in levying tonnage
and poundage were declared criminal. They were glad
to compound for a pardon by paying a fine of an hun-
dred and fifty thousand pounds. Every arbitrary fen-
tence of the Star-chamber and High-commiffion court
was reverſed; whilft all thoſe who had any hand in
them were ordered to make reparation to the parties
wronged *. All perſons who had concurred in theſe op-
*
Among thofe perfons, whofe loffes and injuries the Commons en-
deavoured to repair, Leighton was given fix hundred pounds, and
made warden of Lambeth-houſe, converted into a place of confinement
for the ftate delinquents. Lilbourn, Prynne, Baftwick, Burton, and
others, were not only reinftated in their feveral profeffions, and their
ſentences reverſed, but great damages were decreed them. When the
three laft-mentioned fufferers landed in England, they were received
with the higheſt demonſtrations of affection, attended on the road
by a great confluence of people, and their charges born with magni-
ficence. On their approach to any town, the inhabitants welcomed
their arrival with fhouts of applauſe. Several miles from the city of
London, they were met by the zealots of their party; boughs were
carried before them, the roads were ſtrewed with flowers, and the air
refounded with, the acclamations of the people, who mingled with ex-
preffions of joy invectives against the prelates for their barbarous cru-
elty, exemplified in the perfons of the three triumphers. The recep-
tion of theſe men fufficiently marks that formidable refentment which
the public had fo juftly entertained againſt the government. Nalfon,
vol. I. p. 512. Hume, vol. I. p. 260.
preffions,
な
​CHARLES
I...
419
prèffions, were voted to be liable to the penalties of the Ann, 1640.
law.
THUS at length, by the genius of the conftitution, the
wifdom and perfeverance of the Houfe of Commons,
with the concurrence of other favourable accidents, royal
power, which had almoſt reached the fummit of abſo-
lute fovereignty, was in a moment crufhed, and the
maxims of rigid Law and Liberty eſtabliſhed throughout
the realm; and this without any violence or diforder.
The aweful tribunal, which was newly erected in the
land, ftruck the guilty with difmay. The miniſters and
tools of power, finding themfelves involved in the gene-
ral determinations of the Commons, were glad, by an
inoffenfive conduct, to compound for paft crimes. And
thus the dependants of the court, that contemptible yet
noxious tribe, were, by the fear of a deferved puniſh-
ment, deterred from making any oppofition to the new
fyftem of government.
To the honour of the upper houfe, it muſt be remem
´bered, that they had been more than paffive in this refor
mmation, as if they were defirous of fetting an example to
the Commons in vindicating the honour and privilege of
parliament: On the very first days of their entering on
bufinefs, a motion was made, that whereas two lords
of that high and honourable court had had their ſtudies
and pockets fearched for papers, confideration might be
had, whether it was not a breach of privilege; eſpe-
cially as it was done foon after the diffolution, and within
the time of privilege of parliament. On the relation
that the earl of Warwick and the lord Brook made of
Hhh 2
this
420
HISTORY OF ENGLAND.
**
Ann. 1640. this matter, the Houfe committed to the Fleet Sir William
Beecher clerk of the privy-council, and fent a meſſage to
the Commons to defire a conference with them on the
bufinefs, before they proceeded againſt their members
the fecretaries Vane and Windebank, by whom the war-
rants for fearching the two peers were figned. Buſineſs
of great importance crouding upon both Houſes, the af
fair was dropped. Befides this fpirited exertion, the
Lords ordered two books, written by Dr. Pocklington, en-
titled, Sunday no Sabbath, and Altare Chriftianum, to be
of the Lords. burnt; addreffed the King on the reſtraints laid on the
MS. Journ.
embarkation of the ſubjects for the new colonies; on his
having altered the tenure by which the judges held their
offices, from quamdiu fe bene gefferint to durante bene placito
noftro; ordered coat and conduct-money to be repaid;
made the petition for a parliament, prefented by the Lords
at York, an act of their Houfe, returned them thanks
for that fervice; and feconded every popular meaſure
which had been refolved on by the Commons *:
THE parliament having thus erected their jurifdiction
over every part of government, and repaired the damages
and loffes of thoſe who fuffered under the late tyranny,
were no leſs exemplary in their gratitude than their juf
* With theſe laudable exertions in favour of public liberty, they
were guilty of an unjuſtifiable act of tyranny, in ordering a bailiff, who
arreſted a fervant of one of the members of their Houſe, to ride to the
Old Exchange, with his face to the horſe's tail, and a paper on his head
denoting his offence. They alfo intereſted themſelves much on the tri-
fling circumſtance of anfwering on proteftation of their honour, in-
ſtead of the common practice of anſwering on oath. MS. Journal of
the Lords.
tice
*
2
علم
CHARLES I.
421
་་
tice. The Scots, from whofe commotions the nation had Ann. 1640.-
reaped fuch great advantages, were treated with an unli-
mited generofity: Their commiffioners, of whom the
moft confiderable were the earl of Rothes, and the lord
Lowdon, were lodged in the city, and entertained. there
with great refpect: Moſt of the city magiftrates, being
Preſbyterians, held an intimate correſpondence with them.
St. Antholin's church was affigned for their devotions, in
which they openly practifed the Preſbyterian form of wor-
fhip: Such was the propenſity of the people towards a
novelty from which they had been fo rigorouſly reſtrained
during the late power of the hierarchy, that multitudes
of all ranks crouded to this conventicle. People came
early in the morning, and kept their places the whole
day; whilft others who were excluded clung to the doors,
and windows to catch the moſt diſtant found of the voice
of the preachers, who were heard with as much ap
plaufe as if they had been indued with the eloquence of
St. Paul *. The parliament had fignified difguft at the
King's terming the Scots rebels; the Houfe of Commons
had called one of their own members to the bar for uſing
the fame expreffion; and were ſo far from finding fault
with the treaty at Rippon, that they allotted eighty thou:
fand pounds a month for the fubfiftence of the two ar
mies, and voted three hundred thouſand pounds as a fit
proportion for the friendly affiftance and relief of the
*Mr. Hume makes the following remark on this extravagance:
All the eloquence of parliament, now well refined from pedantry, ani-
mated with the ſpirit of Liberty, and employed in fuch important in-
terefts, were not attended to with fuch infatiable avidity as were theſe
lectures, delivered with ridiculous cant, and a provincial accent, full of
barbariſm and of ignorance. Hume's Hift. vol. I. p. 263.
霉
​}
loffes
1
:
:
422
HISTORY OF ENGLAND,
Ann. 1640. loffes and neceffities of their dear brethren of Scotland'
;
•
Several fubfidies, with a poll-tax, were from time to time
•
voted to anſwer this charge; and as large fums had been
advanced by individuals on the faith of parliament, they
ordered theſe taxes to be paid to commiffioners appointed
by themſelves. The diſpute in regard to tonnage and
poundage was now finally determined by the Commons:
In the preamble to the bill, in which they granted thefe
duties to the King, they afferted in the moft pofitive terms
their own right of beftowing them, and to diveft the
crown of the power to increaſe thefe impofitions at plea-
fure, they gave them only for two months, and after-
wards from time to time renewed their grant for very
fhort periodst.
'DURING the reign of Edward IV. it had been enacted,
that parliaments ſhould be held once every year, or more
frequently if neceffary: In former times this had been
the practice; but, during the reign of the Stewarts, thefe
affemblies had never been called but when the revenue
was unable to pay the expences of the government.
bring the conftitution back to its firft principles, to cruſh
the wicked deſigns of the miniſtry, and prevent any far-
ther attempt to reduce England to the ſtate of France, the
To
* An order was entered for calling them our brethren of Scotland.
The Scotch minifters who had been turned out of their livings by the
-covenanters were ordered to have no preferment, either in England or
Ireland. Smollett, vol. VII. p. 180. Rushworth, vol. IV. p. 153.
+ At the fame time that the Commons paffed this bill of tonnage
and poundage, they fent a meffage to the King, defiring leave to exa-
mine into his income and expences, that they might take meaſures to
fettle a competent revenue on him.
»
Commons
CHARLES I.
423
vol. IV.
Commons paffed a bill for triennial parliaments. It was Ann. 1640.
ftrongly enforced by the lord Digby in a very animated
fpeech: "If this bill miſcarry, faid he, I fhall have left Rushworth,
me no public hopes, and, once paffed, I fhall have no p. 146, & feq.
public fears.
I fhall be bold to fay, Mr. Speaker, that
an accumulation of all the public grievances, fince
Magna Charta, one upon another, unto that hour in
which the Petition of Right paffed into an act of parlia-
ment, would not amount to fo oppreffive, I am fure, not
to fo deftructive, an height to the rights and properties
of the fubject, as one branch of our enflaving fince the
Petition of Right. The branch I mean is the judgment
concerning fhip-money. Let him, Mr. Speaker, who, for
the unmatched oppreffion and enthralling of free fubjects,
in the time of the beſt King's reign, and in memory of
the best laws enacted in favour of Liberty, can find a
truer cauſe than the ruptures and intermiffions of parlia
ments, let him, and him alone, be againſt the fettling
of this bill for the frequent holding them.
'Tis true,
wicked minifters have been the proximate caufe of our
miferies, but the want of parliaments the primary, the
efficient caufe; il minifters have made ill times, but
that hath made ill minifters. Let his majefty hear our
complaints never fo patiently; let him purge away our
grievances never fo efficaciouſly; let him puniſh and dif-
pel ill miniſters never fo exemplarily; let him make
choice of good ones ever fo exactly; if there be not a
way fettled to preferve and keep them good, the miſchiefs
and they will grow again, like Sampfon's locks, and pulk
down the houſe upon our heads: Believe it, Mr. Speaker,
they will.
It hath been a maxim among the wifeft le-
giflators, that whofoever means to fettle good laws muft
proceed
424
HISTORY OF ENGLAND.
Ann. 1640.
"
proceed in them with a finifter opinion of all mankind,
and ſuppoſe that whofoever is not wicked, it is for want
only of opportunity: It is that opportunity, Mr. Speaker,
that we must take away; which can never be done but
by the frequency of parliaments. No ftate can wifely be
confident of any public minifter continuing good longer
than the rod is over him. Let me appeal to all thofe
who were preſent in this Houfe at the agitation of the
Petition of Right: Of whofe promotion to the manage
ment of affairs do they think the generality would, at
that time, have had better hopes than of Mr. Noy and
Sir Thomas Wentworth? in that buſineſs, moſt keen and
active patriots; the latter of them (to the eternal agra-
vation of his infamous treachery to the commonwealth
be it fpoken) the firſt mover and infifter to have this
claufe added to the Petition of Right, "That for the
-comfort and ſafety of his fubjects, his majefty would be
pleaſed to declare his will and pleaſure, that all his mi-
niſters ſhould ſerve him according to the laws and fta-
tutes of the realm:" And yet, Mr. Speaker, to whom
now can all the inundations upon our liberties and pro-
perties, under pretence of law, be attributed, more than
to Noy and can thofe, and all other mifchiefs whereby
this monarchy hath been brought almoft to the brink of
deſtruction, be attributed fo much to any, as to that
grand apoftate to the commonwealth, the now Lieutenant
of Ireland? The firſt I hope God hath forgiven in the
other world; and the latter must not hope to be par-
doned in this, till he be diſpatched to the other.
every man confider thofe men as once they were; the
excellent law, for the fecurity of the fubject, enacted
immediately before their coming to employment; the
Let
goodness
*
$
CHARLES I.
425
!
A
A
goodneſs and virtue of the king they ferved; and yet the Ann. 1640.
high and public oppreffions which, in his time, they
have wrought; and furely there is none but will conclude
with me, that as the deficiency of parliaments has been
the caufa caufarum of all the mifchiefs of the preſent times,
To the frequency of them is the fole Catholic antidote
that can preferve and fecure the future from the like dan-
ger. Let no man object any derogation from the King's
* prerogative by it: His honour, his power, will be as
confpicuous in commanding that a parliament fhall af
femble every third year, as in commanding a parliament
to be called this or that year; there is more of majeſty
in ordaining primary and univerfal caufes, than in the
actuating fubordinate effects. I doubt not but that glo-
rious king Edward III. when he made thofe laws for the
yearly calling of parliaments, did it with a right ſenſe
of his dignity and honour. The truth is, the kings of
England are never in their majeftic fovereignty but in
parliaments: Where is the power of impoſing taxes?
where is the power of reſtoring from incapacities? where
is the legiflative authority? Marry, in the King, Mr.
Speaker: But how in the King circled in and invertuated
by his parliament. The King, out of parliament, hath
a limited, a circumfcribed authority; but, waited on by
his parliament, no monarch in the Eaft is fo abfolute in
difpelling grievances. In chafing ill minifters, we do
but diffipate clouds that may gather again, but in voting
this bill, we ſhall perpetuate our fun, our fovereign, in
his vertical, his noon-day luftre."
1
THE bill found a ready paffage through the upper Bill for trien
houſe; and was at length, after fome heſitation, paffed
VOL. II.
Iii
by
nial parlia-
ments.
426
HISTORY OF ENGLAND.
*
Ann. 1640.
by the King, to the great and univerfal joy of the pub-
lic. It was entitled, " An Act for preventing Inconve-
niencies happening by the long intermiffion of Parlia-
ments," and bound the chancellor, under fevere penak
ties, to iffue out writs by the third of September in every
year: If the chancellor failed in his duty, any twelve
or more of the Peers to exert this authority: In default
of the Peers, the fheriffs, and other proper officers, were
to fummon the voters: And, in their default, the voters
were to meet, and proceed to the election of members,
in the fame manner as if writs had been regularly iffued.
from the crown,
BESIDES thefe conceffions, made to calm the rage of
the people, Charles thought of weakening the popular
party by beſtowing gratifications on their leaders. By
the advice of the marquis of Hamilton, a change of mi-
nifters was refolved on: 'The earls of Hertford, Bedford,
Effex, Briſtol, Warwick, with the lords Say, Saville,
and Kimbolton, were fworn privy-counfellors. Juxon
bifhop of London, a creature of Laud, who had feconded
all the arbitrary motions of his patron, both in the Star-
chamber and High-commiffion court, defirous to fereen
himſelf from particular cenfure, folicited leave to refign.
the treaſurer's ftaff: The earl of Bedford, a popular
leader of great authority, was appointed to fucceed him;
Hollis was to be made fecretary of ftate in the place of
Windebank; St. John folicitor-general in the place of
Herbert, who was made attorney-general in the room of
Banks, promoted to the Common-Pleas; Pym was to be
chancellor of the Exchequer, in place of the lord Cotting-
ton, an obnoxious minifter, and a fufpected Papift;
who
}
CH A AR LE S I.
427
7
who, to efcape proſecution, had refigned both that and Ann. 1640.
the office of mafter of the Wards; the lord Say was to
be gratified with this poft: The earl of Effex was to be
made governer, and Hampden tutor, to the prince. The
uncorruptible virtue that was found in theſe men put a
ftop to most of the intended promotions: St. John, who
was appointed folicitor-general, oppofed the court with
the fame vigour and firmnefs as before; and thoſe who
were newly admitted of the privy-council, inſtead of vin-
dicating the ufurped power of that board, and drawing
jurifdiction to themſelves, gave the King on all occafions
this honeſt advice, That he ought to be directed on every
important point by his great council the parliament.
CHARLES, finding that inftead of acquiring partizans
he fhould be furrounded by troubleſome monitors, if
the intended change took place, let the defign drop. It
is thought that the leaders became more perfonally exaf
perated againſt him from this diſappointment; but there
are no grounds for this fuppofition, fince Effex, who was
gratified with the place of chamberlain in the room of
Pembroke *, continued as firm as the reft to his princi-
ples and party.
SOME time in the beginning of this year the States-
General had fent a fplendid embaffy to Charles, to pro-
poſe fuch a league as ſhould be found conducive to the
intereft of both nations: At the fame time, the young
* Pembroke was turned out for uniting himſelf to the popular
party.
1
i 2
prince
4 28
HISTORY OF ENGLAND.
Ann. 1640. prince of Orange demanded the princefs Mary in mar
riage. Charles readily agreed to propofitions fo favoura
bly prefented to ingratiate himſelf with his people: He
had the complaifance to impart at this time the propofal
to the Houſe of Peers, and aſk their advice on it,
Peers teftified their full approbation, and the marriage
was concluded, to the general fatisfaction of the public.
The princefs at this time was not above twelve years of
age.
Ann. 1641.
Trial of
Strafford.
The
NOTWITHSTANDING the apparent reformation in the
King's conduct, he could not obtain the confidence of
the public: His character was totally deficient in the qua-
lities of honour and integrity; his word had been often
broken, or meanly evaded; and in all tranfactions with
his people he had attempted deceit. The conceffions he
had lately made were known to be oppofite to his prin-
ciples, his judgment, and his inclinations, and confidered
as the effect of his neceffitous circumftances.
The par-
liament was determined to make a proper uſe of thoſe
neceffities.
STRAFFORD's impeachment had been all this time pre-
paring, and was now carried up to the Houfe of Lords::
It confifted of twenty-eight articles, and regarded his con-
duct as prefident of the council of York, as governor of
Ireland, as counfellor and commander in England.
articles in regard to Ireland related to arbitrary acts of
juriſdiction, governing by martial law, billeting foldiers,
enforcing obedience to arbitrary decrees by military
power, deciding caufes before the council which ought
The
to
}
1
CHARLES I.
429
to have been decided in the courts of law *, iffuing pro- Ann. 1641.
clamations, and puniſhing their infraction, enforcing ar-
bitrary oaths †, fetting arbitrary impofitions upon mer-
chandize, granting exclufive licences for importing pipe-
ftaves, making monopolies of tobacco and other commo-
dities, and exerciſing cruelties on thoſe who diſputed theſe
points. He was charged with obtaining from the King,
that no complaint of injuftice done in Ireland fhould be
* Among other cafes of this fort, he was charged with having caufed
an order of the council to be entered against the lady Hibbots, by
which ſhe was obliged to relinquifh an eſtate which was conveyed to Sir
Robert Meredith for the ufe of Strafford. On the lady's hefitating to
perform the order, Strafford faid, "If you do not perform it by fuch
a day, I will fend you to the Caftle, and there you fhall lie a month,
at the end of which you fhall be brought to the board, and have five
hundred pounds laid on your head; at another month's end a thouſand
more, and you ſhall go back to the Caftle again; and after that, a third
month's impriſonment, and your fine increaſed. Your eftate, I know,
is very great, and if it were ten times bigger will make it crack.”
Ruſhworth, vol. VIII. p. 221, 227.
I
+ The oath impofed on the Scots was ushered in with the fpecious a
introduction of a petition from fome of the individuals of that nation,
that they might, by fuch a teftimony of their allegiance, purge them-
felves from the imputation of difaffection, which they might otherwife
incur from the treaſonable conduct of their countrymen the covenant-
ers. The procuring fuch a petition Strafford propoſed at the Iriſh coun-
cil-table; and the men of fortune of the Scotch nation were fent for
immediately to Dublin. On Strafford's telling them, that it was ex-
pected they ſhould do fomething to vindicate themſelves from any af-
perfions that might be flung on them, the bishop of Downe and Raffo
propoſed the petitioning that they might join in an oath. Sir James
Montgomery making fome objections to the flavifh conclufions in the
oath, Strafford anfwered, "Sir James, you may petition, or not, as.
you will; but if you do not, or who doth not, fhall do worfe." The
biſhop of Raffo drew the oath, and the bishop of Downe complained,.
that it was too cold and mean. Rushworth, vol. VIII.
-
reccived:
#
430
HISTORY OF ENGLAN D.
1
R
3
*
Ann. 1641. received in England, unleſs the party had firſt made their
application to him; and that, to prevent any moleftation
in his tyrannical courfe, he put out a proclamation, for-
bidding any to depart the realm without licence from
himſelf *: He was charged with raifing to his own uſe
an hundred thousand pounds a-year by fuch acts of op-
preffion †. He was charged with giving power to the
biſhop of Downe and Connor, by a general warrant un-
der his own hand, to attach and arreft the bodies of all
fuch of the meaner fort, who, after citation, ſhould either
refuſe to appear, or appearing fhould omit to fulfil, or
undergo the decrees given againſt them ‡. He was ac-
cuſed of reſtoring many Popish religious houfes, of raif-
ing an army of Papiſts, whom he paid punctually, and
admitted to exerciſe their religion, whilft the Proteftant
foldiers were unpaid. Theſe were the fubftance of the
articles that related to Ireland.
THE crimes that he was charged with as prefident of
the council of York, and counſellor, were, That he, be-
*
The committees from the Irish parliament could not obtain leave
to come over to England, till, by the defire of the Engliſh parliament,
the reſtraint which Strafford had laid on the inhabitants of that king-
dom was taken off, and a free communication opened between the two
nations. Rushworth, vol. VIII. p. 469.
+ After Strafford was impeached, the Iriſh Houſe of Commons feized
the books and accounts of the farmers of tobacco, of which the earl
. of Strafford was chief, diſcharged their officers and collectors, ordered
the keepers of their magazines to give a detail of the debts owing, and
confiſcated the whole, to the lord Strafford's damage above eighty thou-
fand pounds. Carte's Life of Ormond, vol. I. p. 127.
This commiffion was executed with the additional cruelty of
wounding, beating, and impriſonment. Rushworth, vol. VIII. p. 238.
J
ing
:
*
I.
CH HARLES I
431
ing made prefident of the King's council in the Northern Ann. 1641.
parts, had put into execution inftructions againſt law,
which never had been practifed by other prefidents, exer-
eiſed an exorbitant and illegal power over his majeſty's
fubjects in thoſe parts, and fined and impriſoned many to
their ruin; and that he might exerciſe this unjuſt power
with the greater licence, did procure farther directions, by
which he was inveſted with a more oppreffive and unlaw-
ful authority than any of his predeceffors. He was accuf
ed of faying publicly at the affizes held for the county of
York, that the King's little finger ſhould be heavier than
the loins of the law *. The twentieth and twenty-firft,
fecond, third, fourth, fifth, and fixth, articles of his im-
peachment related to his conduct in the capacity of coun-
fellor : That he had incenfed the King againſt the Scots,
adviſed him to an offenfive war, and againſt an accom.
modation; that he had told the King, if the parliament
did not anſwer his expectation, he would ferve him in
another way. He was accuſed of raifing, an army in
Ireland of eight thouſand foot and one thouſand horſe;
of publicly declaring in England, that his majeſty ſhould
try firft the parliament here, and if that did not fupply
him according to his occafions, he might ufe his prero-
gative as he pleaſed, to levy what he needed; he ſhould
be acquitted both by God and man if he ſupplied him-
ſelf, though againſt the will of his ſubjects: that he had
adviſed the King to diffolve the laſt parliament, and told
•
* It was on the occafion of his laying a command on Sir David Fow-
lis to repair a bridge :: Sir David told him, he could not do it by law.
On this Strafford replied, "Sir, fome are all for law and lawyers; but
you ſhall know that the King's little finger is heavier than the loins of
the law." Rushworth, vol. VIII. p. 7124.
him
1
432
HISTORY OF ENGLAND.
1
:
Ann. 1641. him, that having tried the affections of his people, he
*was abfolved from all rule of government, and might do
}
:.
3
what power would admit; that he had an army in Ireland
that he might employ to reduce this kingdom to obe
dience. He was alſo accuſed of advifing the rigorous le-
vying of ſhip money; of telling the aldermen of London,
that they deferved to be put to fine and ranfom, and
that no good would be done with them till an example
was made of them, and that they were laid up by the
heels, and fome of them hanged. The twenty-fixth ar-
ticle charges him with having counfelled the King to
feize the bullion and the money in the Mint *, and t0
debafe the coin, by mixing it with brafs; and that on
the officers of the Mint giving him reafons againft de
bafing the money, he told them, that the French king
did uſe to fend commiffaries of horſe with commiffion to
examine mens property, that they might know what to
levy on them; and that he turned to the lord Cotting-
ton, and ſaid, it was a point worthy his lordship's con-
fideration.
THE crimes charged againſt him as a commander in
the Engliſh army were, the levying by force, in the late
Northern expedition, eight pencet a-day from each
}
On feizing the money in the Mint, Strafford faid, that the mer-
chants ought to bear the damage; though they thought it a strange
buſineſs here, yet beyond fea it was not thought fo; if they ſpeeded
amiſs they might thank themſelves; they were more ready to help the
rebels than to give his majeſty his due: Fourteen thousand pounds
they owed for fhip-money. Rushworth, vol. VIII.
This tax was raiſed by military force. Warrants were given out
for paying it, on pain of death. Strafford pretended, that he acted in
this
+
$
1
<
2
امر
*
C. H HARLES I.
433
.
•
of the inhabitants of the county of York that were pof- Ann, 1641.
feffed of property; with having loft Newcaſtle by neg-
lect, and with being the cauſe of the defeat of the Eng-
lith at Newburn, by peremptorily commanding the lord
Conway to fight the Scots, though Conway had repre-
fented them to be much fuperior to the troops under his
command. The Commons had applied to the King,
that he would allow their committee to examine privy-
counſellors with regard to opinions delivered at the board:
This the King was perfuaded to affent to, left the denial
fhould occafion very black fufpicions *, but the con-
*ceffion had an effect he did not forefee: It ftruck an awe
on the licentious debates of that board, where every
member, without fear of enquiry and punishment, ufed
freely to propofe illegal and treaſonable expedients for
*the fupporting the tyranny of the crown,
►
STRAFFORD having, with his power, loft his influ-
ence over the parliament of Ireland, that affembly at this
period exerted a freedom of debate, and a vigour of
action, which they had never practifed: Each Houſe fent
over into England a committee to affift in the profecution
of their governor †; put a stop to the manner of levying
fubfidies, which had been forced upon them by Straf-
this affair with the confent of the council of Peers: The truth of this
affertion thoſe lords denied by a folemn proteftation in parliament.
Rushworth, vol. VII. p.,37, & feq. 616.
* The Lords had given leave, that the members of their Houſe
fhould be examined upon oath.
+ Not one individual of the Iriſh clergy had ſpirit enough to exhibit
a complaint againſt him for the arbitrary manner in which he enforced
the Engliſh canons on their church: So that black part of his conduct
was not in his charge.
VOL. II.
Kk k
ford;
;
434
HISTORY OF ENGLAND.
17
Ann. 1641. ford*; and carried up impeachments againſt Sir Richard
Bolton their prefent chancellor, Sir Gerard Lowther their
chief-juſtice, and Bramhall biſhop of Derry, all of them
the creatures of the lieutenant's promoting, and the tools
of his tyranny t
WESTMINSTER-HALL was pitched on by the parlia
ment for Strafford's trial: Scaffolds were erected, where
both Houſes fat; the Lords as the judges, and the Com,
mons as the accufers. The earl of Arundel, in the ab-
fence of the lord-keeper Littleton, who was fick §, was ap
* This tax, according to the manner of levying it, dictated by Straf
ford, was ſo heavy, that the earl of Cork in one year paid thirty-fix
hundred pounds for his own fhare. The Irish Commons Houfe hav-
ing made an order for the manner of levying fubfidies in future, Charles,
in imitation of the behaviour of king James to the English parliament,
commanded the order to be torn out of their Journals. He afterwards
thought fit to give way to reſtoring the order, and agreed that the fubfi-
dies ſhould be affeffed in the manner infifted on by the Commons.
Carte's Life of Ormond, vol. I. p. 100, 107; 118.
+ All the articles of grievances debated in the parliament of Ireland
were oppoſed by the whole bench of biſhops there. The biſhop of
Meath moved, that as all the lords fpiritual were againſt the grievances,
the naming them in their order might be fpared. Carte's Life of Ormond,
vol. I. p. 121.
The Commons fat bare-headed, whilft the Lords were covered.
This the Commons condefcended to for the following reafon: Becauſe
they fat as a committee only, of the Commons Houfe, whilft the Lords:
repreſented their whole Houſe. The Commons declared, they might
come as a Houſe if they pleaſed. They refolved, "That if the earl
of Strafford had liberty given him to fpeak in his defence, before the
managers appointed to manage the evidence entered into the manage
ment of it, they ſhould forbear to proceed till they had farther orders
from the Houſe." Rushworth, vol. VIII. p. 40.
§ On Finch's flight, he was promoted to the feals, and created a
baron.
pointed
3
1
CH HARLES S I.
435
J
pointed high-ſteward to preſide in the court*. He was Ann. 1641.
thought at this time to retain a ſharp reſentment againſt
Strafford for diſappointing him of fome lands in Ireland,
to which he imagined he had a family claim. The
Commons objected to the bishops having a voice in the
judgment given on Strafford, becauſe they were forbid by
an old canon to affift in any trial of life. This canon
had never yet been adhered to; but, on the preſent oc-
cafion, they did not think fit to irritate farther the an-
ger of the Commons, nor venture the rage of the public,
by openly ſupporting Strafford; of themſelves they thought
proper to withdraw: And thus the criminal loft an ad-
vantage, which might have put ſome ſtop to the proceed-
ings againſt his life. The Commons alfo voted, that the
new-created peers ought to have no voice at this trial,
becauſe the accufation. being agreed to whilft they were
Commoners, their confent to it was implied with that of
the Commons of England; and that they would be in
the double capacity of judge and accufer. This was a very
wife precaution, many Commoners having been made
peers. on purpoſe to favour Strafford. The majority of
this number affented to the determination of the Com-
mons; but Sir Francis Seymour, a quondam patriot, who
had gotten a title on this occafion, with ſome others, kept
their feats, and the matter was no farther debated †.
**The earl of Lindſey was high-conftable.
+ The Lords refolved, that no uſe ſhould be made of proxies on
Strafford's trial. It was determined, that council fhould not be ad-
mitted him as to matters of fact, but only as to matters of law. The
Lords referved to themſelves the liberty of judging what were matters
of fact, and what matters of law; and the Commons declared, that no
proceedings in this caſe ſhould be a precedent to their prejudice.
K kk 2
WEST-
436
HISTORY OF ENGLAND.
:
Ann. 1641.
WESTMINSTER-HALL was crouded with fpectators; a
cloſe gallery was prepared for the King and Queen, who
attended during the whole trial, which lafted eighteen
days. The managers for the Commons were, lord Digby,.
Sir Walter Earle, John Pym, John Hampden, Oliver St.
John, Jeoffrey Palmer, John Maynard, John Glyn, Efqs..
They ſupported the impeachment by a variety of parti
cular inftances of an exorbitant exertion of arbitrary
power.
The firſt day was fpent in reading the impeach-
ment; on the fecond day Mr. Pym opened the plead-
ings. "Strafford boafts, faid this fagacious nervous
orator, that he was a means of calling a parliament:
My Lords, parliaments without parliamentary liberties
are but a fair and plaufible way into bondage. Sir Pierce
Croſby, for fpeaking againft a bill in the Commons
Houſe, was fequeftered from the council-table, and com-
mitted to prifon. Sir John Clotworthy was threatened
that he fhould lofe a leafe he had. Mr. Barnwell and
two other gentlemen were threatened they ſhould have
troops of horfe put upon them for fpeaking in the
Houſe. Proxies by dozens were given. My Lords, par-
liaments, coming in with thefe circumftances, they be
grievances, mifchiefs, and miferies; no works of thanks
and honour. He fays, he has executed his commiffion
with moderation. When you find fo many men impri-
foned, fome adjudged to death, fome executed without
law; when you find fo many public rapines on the
ftate; foldiers fent to make good his decrees; fo many
whippings in defence of monopolies; fo many jurors
fined for not giving verdicts of his fide; men of quality
diſgraced, fet in the pillory, and wearing papers; can
you think there was moderation?
If you compare his
courfes
!
CHARLES I.
437
<
courſes with other parts of the world, he will be found Ann. 1641.
beyond all in tyranny and harſhneſs; but if you com-
pare them with his mind and difpofition, perhaps there
was moderation: The habit of cruelty in himſelf, no
doubt, is more perfect than any act of cruelty he hath
committed. If this be his moderation, I may truly fay
that is verified in him, "The mercies of the wicked are
cruel." For his honourable way of increaſing the King's
revenue; if monopolies, if vexation of the fubject, be
honourable ways, we fhall leave that to your Lordſhips
to judge. Moſt of his increaſes have been made upon
monopolies. It is true, there is another way of bar-
gaining; but it hath been mixed with rapine, rigour,
and injuſtice: Men have been driven to refign their.eftates.
Is this a juft way of improving a king's revenue? That
I ſhall ſubmit to your Lordships *
*Mr. Maynard, in his pleadings againft Strafford, afferted, that
treafon against the perſon of the prince fell fhort of the treaſons he had
committed: One prince might be fucceeded by another; but when Law
and Juſtice were taken from the throne, and Will placed in their ſtead,
there was no hope of remedy. Mr. Stroud faid, that to incite a prince
to tyrannical acts was a greater offence than to kill him: He might die..
otherwife with a fair reputation. Rushworth, vol. VIII.
Strafford was totally ignorant of the tranfactions which had paffed in
Ireland: When the Irish remonftrance was produced at his trial, and that
it appeared that the Houfe of Commons there had voted him guilty of
high-treafon, he exclaimed, in the bitterness of his diſappointment,
that there was a confpiracy to take away his life. He was reprehended
for this by the managers, and obliged to aſk pardon on his knees. Be-
fides thofe complaints of the Irifh fet forth in Strafford's impeachment,
the Lords, by a committee of their Houfe, complained to the King,
that they were obliged, on their ablence from parliament, to leave their
proxies with the officers of ſtate. Guthrie. Carte's Life of Ormond.
IN.
438
HISTORY OF ENGLAND.
Ann. 1641.
IN Strafford's charge, as delivered by the managers, it
appeared, that in all his employments he had exerciſed
very arbitrary acts of power, and his whole conduct
fince he had been invefted with authority had been highly
infolent. Even in Ireland, the government of which
**
Among the many inftances of imperious expreffions brought againſt
him are the following. On the occafion of a petition being preſented
to him, defiring the benefit of the graces, he faid in full parliament,
"You are a conquered nation, and muſt expect laws as from a con-
queror," adding, "The inftructions given in king James's time, for
the government of the courts of juſtice in this kingdom, are inftruc-`
tions contrived and procured by a company of narrow-hearted commif
fioners, who knew not what belongs to government." He told the
mayor and aldermen of Dublin, on a repreſentation of theirs that the
citizens of that town were by law exempted from the maintaining fol-
diers, that their antiquated, worm-eaten charters were nothing worth;
the King might do what he pleaſed. On lord Cork's commencing, a
fuit at law for the recovery of a poffeffion out of which he had been put
by Strafford's order, he faid to him, " Call in your writs, for if you do
not I will clap you in the Caſtle. I will not have my orders difputed
by law nor lawyers." On the fame nobleman's being profecuted for
breaking what was termed an Act of State, he pleaded, that the act
was made in king James's time; and as it had never been publiſhed,
nor had he ever heard of it, he conceived there could be no reaſon for
the proſecution: To this Strafford anſwered, "I tell you, my lord, as
great as you are, I will make you and all the ſubjects of Ireland know,
that any act of ftate, made or to be made, fhall be as binding to you
during my government as an act of parliament." One Martin a law-
yer, in his pleading a caufe at the, council-table, ſaid, he had the au
thority of an act of parliament for what he afferted: On this. Strafford
replied, "Sir, I will make you know that an act of this board fhall
be as good as any ftatute." On the Iriſh parliament flinging out an
act which made it felony to have gun-powder, without licence, Strafford
faid, “That he would make that, and other bills they had voted againſt,
afts of ſtate, which ſhould be as binding." Strafford declared publicly at
his own table, "That if he lived he would make an act of ſtate to be
of equal power with an act of parliament." Sir Pierce Croſby depofed,
that
AL
:
1
:
CHARLES I
4-3-9
*
had been ever tyrannical, he had out-gone former go- Ann. 1641...
vernors, and had been guilty of many unprecedented.
acts of power.
His answer is hardly plaufible, though drawn up
with art*: He could not deny the illegality of his actions,
that this declaration was the occafion of the breach between him and the
lieutenant. Strafford, on the fining Stewart and Grey very heavily, and
impriſoning them for not taking the oath he had impofed on the Scots.
in Ireland, publicly declared, "That they were favourably dealt with;
that it was high-treafon not to take the oath, and not to take it in the.
ſenſe that they were to be obedient to the ecclefiaftical ceremonies of the.
church, either eſtabliſhed or to be eſtabliſhed; that he would profecute
to the blood thoſe that refifted; the Scots that heſitated on the taking it
were traitors and rebels; and if the King would honour him fo much as
to fend him back, he would eradicate, root and branch, out of the king-
dom of Ireland, all of that nation who had any fuch fcruples."
-
Had the King fucceeded in his fchemes, Strafford would have had.
full power to execute his malicious intentions on the Scots; for, accord-
ing to Carte, he was, by commiffion under the great ſeal, made cap- -
tain-general of all the King's forces in Ireland, with power to lead them.
into Scotland, to attack and fupprefs the rebels, and pardon or de-.
ſtroy, as he ſhould think fit.. Rushworth, vol. VIII. Carte's Life of.
Ormond, p.103. -
* To his arbitrary decifions againſt law he pleaded, that they were
errors in judgment; and errors in judgment were not treafon. To the
charge of obtaining an enlargement of his jurifdiction, that it was a
chaſte ambition for a man to defire as much power as he could get, that
he might be enabled to do the more good. In excufe for what he had
afferted concerning the Dublin-charter, he alledged, the aldermen would
not be brought to obey the orders of the board, but flood on their char-
The managers for the Houſe of Commons replied, that this was a
confeffion that the charter of the fubjects liberty had been brought to
the council-table, and judged there, tho' the council had no power to
declare the validity or invalidity of charters. To the general charge of
words Strafford pleaded, that it was hard he ſhould be brought in judg-
ment for meer words, and many of thém fpoken a long time ago: This
ters.
was
440
HISTORY OF ENGLAN D.
Ann. 1641. · nor efface an air of infolence that ran through all his
proceedings. Nothing can be more puerile than his de-
was an abfurd plea, fince there was no other reafon for his not having
been brought to judgment, when thoſe offences were committed, but
his being at that time too powerful: The managers reminded him, that
he had condemned Mountnorris to death for words of little importance,"
ſpoken againſt himſelf, an individual; whereas the words with which
he was charged were treafon againſt the conftitution, and liberties of
the fubject. To the charge of impofing arbitrary oaths, he pleaded
the King's command; it was an act of obedience, and he had rather
fuffer in obeying his majefty than difpute his commands: If that act
of impoſing the oath was treafon, notwithſtanding the particular cir-
cumftance of the King's affairs, he ſhould be ready to fin again, if the
occafion offered: To this Mr. Stroud fhrewdly replied, he did believe
him, and that made him confider a heavy thing that once befel Eng-
land, when Gavefton had opportunity to repeat his bold offences. Mr.
Whitlocke obferved, that he had made his words good concerning an
act of ftate; for no power could legally impofe an oath but an act of
parliament. To the charge of fining, impriſoning, and whipping, for
difobeying proclamations, Strafford faid, that he conceived it was a
fair and equitable puniſhment for fo foul a crime. To the charge of
enforcing his commands by military power, he pleaded, that he had
-only done it to ordinary fellows. To the charge of his laying a tax
on the county of York, and that this, and the tranfactions of the like
nature in Ireland, were levying war on the King's fubjects, and confe-
quently conftrued, in the eye of the law, as levying war on the King,
he faid, he had done theſe things for the King's honour and authority,
therefore it could be no levying of war on the King. For his tranfac-
tions of that kind in Ireland, he ſaid, that a ftatute of 10 Hen. VII.
declared, that no war or peace fhould be made but by the deputy's li
cence, and that the deputy had power to make war whenever he pleaf-
ed: To the first plea the managers replied, that though there might
be no intent on the King's perfon, yet, if againſt his people, fuch a
levying of war was treafon; homicide of a mean fubject is againſt the
King's crown and dignity, becaufe againſt the protection and fafety of
his people: To the fecond, that it was true, in cafe of hoftility or re-
bellion, the deputy might make a defenfive war; but to do it in time
.of peace, on the King's fubjects under the government of his laws, was
:
S.
་
to
C HAR L
441
LES I.
*
*
fence on the main article, that of having adviſed the Ann. 1641.
King to proceed in the way of arms; and, if he was de-
nied money by parliament, to raiſe it by other means *.
to make war on the fovereign power that did protect them. To the
charge of adviſing the levying of fhip-money, Strafford alleged, that
he had adviſed no other than had been uſed three or four years before
his coming into the kingdom; there had been a judgment given for
it; it was not for him to diſpute the opinion of the judges, but with
humility to fubmit to better judgment than his own; he had learnt in
his own practice, by reafon of his weakneſs, not to be wifer than his
teachers, or to pretend to know more in other men's profeffions than
they knew themſelves: "We that are not bound to the profeffion of
the law, faid he, are not bound to ſpeak the law; we can tell what in
our hearts is honourable and juſt, but what is legal is another man's bufi-
nefs." Surely Strafford was not of this modeft opinion when he argued,
that gentlemen were as capable of prefiding over courts of juſtice as
lawyers; when he difdained to fee gown-men put fuch a prejudice upon
all forts of men, as if none were worthy to be trufted with adminiftra-
tion of juſtice but themſelves; when he adviſed Laud to rule the law-
yers in England as he did in Ireland. Vide p. 169, 192, of this vol.
* Ufher the lord-primate of Ireland fwore, that he found Strafford
of an opinion, that the King might ufe his prerogative if he pleaſed.
The lord Conway fwore, that he heard Strafford exprefs himſelf, that
the King might ufe his prerogative if he pleaſed. Sir Henry Vane
fwore, that to the beſt of his remembrance he heard Strafford ſay, that
if the parliament did not fucceed, he would be ready to affift his ma-
jeſty any other way. The lord Newburgh depofed, that he heard Straf-
ford fay, that as the parliament had not fupplied the King, he might
take other courfes for the defence of the kingdom. The lord Holland
depofed, that Strafford faid, that as the parliament had denied the King,
it gave him advantage to fupply himſelf other ways. The earl of Brif-
tol depofed, that he heard Strafford fay, that falus reipublice was fupre-
ma lex; the King muft not fuffer himſelf to be maſtered by the froward-
neſs and undutifulneſs of his people. Thefe different fets of words
have but one meaning, and amount to the principle, that the King
might raiſe money, and levy armies, on the ftrength of prerogative
alone. To this ftrong conviction Strafford had no other reply, than that
VOL. II.
L11
each
442
HISTORY OF ENGLAND.
1
Ann. 1641. Notwithſtanding the atrociouſneſs of the facts charged
againſt him, and proved by a number of able teſtimo-
ત
*
CL
My
each different ſet of words was only fworn by one evidence.
lords, ſaid he, on the words fworn by the primate it is to be believed,
and it were a great offence in any man to think otherwife, that in this
cafe any thing can pleaſe the King, he is fo gracious and good, but
what ſhall be juſt and lawful; and then there is no doubt but, fo far as
with juſtice and lawfulnefs, he may ufe his prerogative in cafe of immi-
nent danger, when other means fail." To the words fwore by lord Con-
way he ſaid, "
Truly, my lords, if I fhould acknowledge thefe words,
I do not fee how they can be capital in my cafe: It is a very natural
motion for a man to preferve himſelf, though it be to the difliking of
another; and why a king ſhould not do it as well as a ſubject, is ſuch
a prerogative of kings as I never yet heard of. For I thought, though
they had been gods on earth, yet they are men, and have affections as
men, and ſhould preferve themſelves, being not only accountable for
themſelves to God Almighty, but alfo for their fubjects, whofe good
and benefit is wrapped up in theirs." Strafford farther alledged in his
defence, that he thought the King had an abfolute power given him by
God Almighty for preferving himſelf and his people, which could not
be taken from him by others, nor by himſelf; The prerogative of the
crown was the firft in the table of the fundamental laws of the land;
it had ſomething more imprinted on it than the property of the fubject,
it had a divinity imprinted on it; kings were gods on earth; higher
prerogatives than can be faid, or found to be ſpoken, of the property
or liberty of the fubject. To the documents given at the council-table,.
that the King having tried the affections of his people, he was loofe
and abfolved from the rules of government, and might do what power
would admit; and that his majeſty had tried all ways and was refuſed,
and fhould be acquitted both before God and men; and that he had
an army which he might employ to reduce this kingdom to obedience;
Strafford acknowledged every part of the charge, but that of his ad-
vifing the King to land the Iriſh army in England, and this becauſe no
other counſellor at the table remeinbered thoſe words but Sir Henry
Vane. On this part of his charge lord Ranelagh depofed, that on di-
rections being left by Strafford to raiſe a large army in Ireland, his
creature and bofom-friend Sir George Ratcliffe faid, that the King had
an army, it was his own fault if he wanted money. Sir Thomas Bar-
rington
·
*
>
#y
CHARLES I
443
(
W
nies, and by the whole tenor of his conduct and conver- Ann. 1641.
fation; notwithſtanding the frivolouſneſs of his defence,
*
rington depofed, that Sir George Wentworth, Strafford's brother, im-
mediately after the diffolution of the laft parliament, declared, that the
commonwealth of England would never be well till it was conquered
again. And lord Ranelagh faid, that himſelf and other counsellors
had conceived great apprehenfions that the Irish army was to be uſed
to raiſe money forcibly in England. For the words he confeffed, in
their nature as treaſonable as thoſe he denied, he made the following
weak apology: That it was fpoken with a fecret refervation, that it
ought to be done fairly; that thefe were conditions underſtood when Rushworth,
we fpoke of the facred majefty of kings; that this implied it could
not be high-treafon to tell the King, that having tried the affections of
his people, he was looſe and abfolved from the rules of government,
and might do what power would admit: There, was an argument that
cleared the intendment and the meaning of the words, which was, that
nothing had been done by the King or the council againſt the laws and
cuftoms of the realm.
M
+
This childish argument, fupported by fo ridiculous an affertion, Straf-
ford, in the courfe of his pleadings, contradicts, by faying, that he ad-
viſed the King in a proper time to vindicate the property and liberty
of the fubject from any ill prejudice that might fall from fuch a prece-
dent, which advice, if true, implied an intention to fome unconftitu-
tional, violent act of power. Strafford faid, that he had heard an opi-
nion might make an heretic, but never that it could make a traitor.
This obfervation is little to the purpoſe, fince though the opinion of a
man, given by way of argument, cannot make a traitor, yet an opi-
nion given by a ſtateſman, as advice to a prince, may certainly be trea-
fonable. Strafford's plea on that atrocious fact of condemning the lord
Mountnorris turned against himſelf. He made martial-law, a thing
contrary to the Petition of Right, which according to the privileges of
the nation was to take place in Ireland, an inftrument of his vengeance
to effect what he acknowledges he thought cruel, and which could be
done by no other law. Thus he fatisfied his pride, and fhewed, that
no officer in the army, under his diſpleaſure, had other refource to fave
himfelf from death, but his clemency. Befides this fentence paffed on
Mountnorris, Strafford had by martial-law condemned and executed one
Denwit, a foldier, for ftealing a piece of beef, though he was adviſed by
Lil 2
many
vol. VIII.
P. 565.
444
HISTORY OF ENGLAND.
Ann. 1641. a certain blandiſhment of behaviour which he affumed
on this occafion; a certain air of importance mifcon-
ftrued into dignity; a certain fpecioufnefs of manner,
miftaken for decency and humility; thefe, with the par-
ticular circumſtances of his fituation, reduced in an in-
ftant from the fummit of power and fplendor, to plead
as a criminal at the bar of a court of juftice, produced
many members of the court-martial to try him by common law His
arbitrary proceedings againſt the late chancellor Loftus he endeavoured
to throw entirely on the King; appealed to an order he had obtained
from that eaſy monarch, that the caufe fhould be determined by the
deputy and council of Ireland; and alleged, that their decree had been
afterwards confirmed by his majefty.
To obtain the fanction of the royal authority for what he had acted.
againſt the chancellor, he made uſe of arguments which never failed to
have weight with Charles: "If the honour and juftice of this ftate, faid
he, be not vigorously borne forth againſt the chancellor's untruths and
incivilities, the regal authority will perchance be as much invaded, as
roughly dealt with, in this kingdom as in other places; whereas hi-
therto, God be praiſed, no king can be more abfolute than your ma-
jeſty is amongst us." Farther he told the King, that the chancellor's
offence was an high and immediate contempt againſt his majeſty's own
power and greatnefs; that his churlish will prefumed to contend for
maſtery with royalty; that he (Strafford) contended for his majefty's.
authority, unmixed with any private intereft of his own.
diftemper of the times to difpute, the higher powers; God and his.
majeſty were only able to correct and ſtay the madnefs. He affured the
King, that all his minifters took the buſineſs of the chancellor extremely
to heart, and refted confident his majefty would in his wifdom preferve
his greatneſs and authority. This cant had fuch an effect on the King,
that though he had given the chancellor leave to come over to make
an appeal, and receive his difmiffion by an eſpecial warrant from him-
felf, yet he countermanded this, and gave way to the deputy's keep-
ing the chancellor under reſtraint till he had aſked leave of the board to
repair to England, and had figned a fubmiffion and confeffion that he
had behaved ill and impertinently to the deputy. Rushworth, vol. VIII.
Strafford's Letters.
fen-
なら
​1
C
HAR LE S I.
445
1
*
fentiments in his favour from the weak part of the au--Ann. 1641.
dience: The women, in particular, not comprehending,
or inattentive to, the folidity of the arguments urged by
the Commons, deaf to the eloquence and ability of the
managers, attended with pity and partiality to the un-
happy prifoner. Befides the favourable fentiments which
he had the art to excite in his fpectators, through the
whole courſe of his pleadings he endeavoured to preju-
dice his judges in his favour: His expreffions were full
of veneration for the body of Peers, and he infinuated
that their privileges were intereſted in his fate. Mr.
Glyn noticed this management, and told the Lords, that
though the priföner had magnified the Peers of the realm
almoſt to idolatry; yet when he was in his kingdom in
Ireland, and had power over them, he fhewed the re-
fpect he had to the peers of the kingdom, judging fome
to death, committing others to prifon, and feizing their.
eftates,
THE Commons had unquestionably proved an inten-
tion in Strafford to fubvert the fundamental laws of the
kingdom: This is not within the defcription of treafon
in the ftatute of 25 Ed. III. They proceeded againſt him
on a falvo of that act, which provides, that the King and
parliament have power of determining what is treafon,
what not. They therefore voted, that the facts proved!
upon him were treaſonable.
ON the thirteenth of April, he was called to the bar,
and commanded by the Lords to fum up his evidence:
This he did in a long fpeech, the argumentative part of
which is certainly very weak; and his endeavour to ex-
tenuate
446
HISTORY OF ENGLAN D.
}
{
Ann. 1641. tenuate his crimes very impotent.
ཙྪཱན་
K
MR 201
His arbitrary, extra-
judicial acts, he called an over-exercifing of a juriſdiction.
It was not high treafon in a judge to enlarge his jurif
-diction. "But, my Lords, faid he, if all thefe had been
done without any manner of authority, it had not been*
a fubverfion, but rather a diverfion of the law; Yo long
as I keep the rule of the law, and do the fame thing
that another man does in a more legal way, I mean in
a more warrantable place, I fay, my doing of the fame
thing in an improper place, is not a fubverfion, but a
diverfion of the law *. If you will bring in the Thames
about Lambeth, to come in again below, the bridge, the
river is the fame, though the courfe be diverted to anó-
ther place: So the fundamental law is the fame, though
the courſe be diverted to another place. I fay, the fun-
damental law is the fame, only it is carried in another
pipe."
ཝཱ
AT AT
THE Conclufion of Strafford's fpeech, in which he en-
deavoured to repel the principal arguments on which the
bill depending in the Houfe of Commons was founded,
has been fo much extolled for its ftyle and weight of
reaſon, that the author of an hiftory of thefe times might
be accuſed of partiality in omitting it: "Where has
this fpecies of guilt been fo long concealed, faid he?
where has this fire been fo long buried, during fo many
centuries, that no ſmoke ſhould appear till it burſt out
at once to confume me and my children? Better it were
** To divert a legal and juft proceeding into an arbitrary one, Mr.
Glyn obferved, was not only turning but corrupting the clear and cry-
ſtal ſtreams of legal juftice to muddy waters of bitterneſs and death.
to
J
•
CHARLES
447
I.
1
to live under no law at all, and, by the maxims of Ann. 1641.
cautious prudence, to conform ourſelves the best we can
to the arbitrary will of a mafter; than fancy we have
a^law on which we can rely, and find at laft that this
law ſhall inflict a puniſhment precedent to the promul-
gation, and try us by maxims unheard-of till the very
moment of prófecution. If I fail on the Thames, and
Iplit my veffel on an anchor, in cafe there be no buoy to
give warning, the party fhall pay me damages: But if
the anchor is marked out, then is the ftriking on it at
my own peril. Where is the mark fet upon this crime?
where is the token by which I ſhould diſcover it? It
has lain concealed under water, and no human pru-
dënce, no human innocence can fave me from the de-
ftruction with which I am here threatened. It is now
full two hundred and forty years fince treaſons were de-
fined; and ſo long has it been fince any man was touched.
to this extent, upon this crime, before myſelf. We have
lived, my Lords, happily to ourſelves at home; we have
lived gloriouſly abroad to the world: Let us be content
with what our fathers have left us; let not our ambition:
carry us to be more learned than they were in thoſe kil-
ling and deſtructive arts. Great wiſdom it will be in
your Lordſhips, and juſt providence for yourfelves, for
your pofterities, for the whole kingdom, to caft from
you into the fire thefe bloody and myfterious volumes
of arbitrary and conftructive treafons, as the primitive
Chriſtians did their books of curious arts, and betake
yourſelves to the plain letter of the ftatute, which tells
you where the crime is, and points out to you the path
by which you may avoid it. Let us not, to our own de-
ftruction, awake thefe fleeping lions, by rattling up a com- -
pany
448
HISTORY OF ENGLAND.
if
Ann. 1641.
pany of old records, which have lain for fo many ages.
by the wall, forgotten and neglected. To all my af-
flictions add not this, my Lords (the moft fevere of any)
that I, for my other fins, not for my treafons, be the
means of introducing a precedent fo pernicious to the
laws and liberties of my country. However theſe gen-
tlemen at the bar fay they ſpeak for the commonwealth;
and they believe fo; yet, under favour, in this particu-
lar it is I who ſpeak for the commonwealth: Precedents
like thofe endeavoured to be eſtabliſhed againſt me, muft
draw along fuch inconveniencies and miferies, that in
a few years the kingdom will be in the condition ex-
preffed in a ftatute of Henry IV. and no man ſhall know
by what rule to govern his words and actions. Impofe
not, my Lords, difficulties infurmountable upon mini-
ſters of ſtate, nor diſable them from ferving with chear-
fulneſs their King and country. If you examine them,
and under fuch fevere penalties, by every grain, by
every little weight, the fcrutiny will be intolerable; the
public affairs of the kingdom muſt be left waſte, and no
wife man, who has any honour or fortune to lofe, will
ever engage himſelf in fuch dreadful, fuch unknown
perils. My Lords, I have now troubled your Lordfhips
a great deal longer than I fhould have done, were it not
for the intereſt of theſe pledges, which a faint in hea-
ven has left me. I ſhould be loth------ Here Strafford
pointed to his children, and his tears ftopped his ſpeech.
"What I forfeit for myſelf is nothing; but I confefs,
that
my indifcretion fhould forfeit for them, it wounds
me very deeply. You will be pleaſed to pardon my in-
firmity: Something I fhould have faid; but I fee I fhall
not be able, and therefore I fhall leave it.
""
And now,
my
A
C
OCH ARL ES I
449
►
my Lords, I thank God I have been, by his good blef- Ann. 1640. *
fing! fufficiently inftructed in the extreme vanity of all
temporary enjoyments, compared to the importance of
our eternal duration. And fo, my Lords, even fo with
all humility, and with all tranquility of mind, I ſub-
mit clearly and freely to your judgments; and whether
that righteous doom fhall be life or death, I fhall repofe
myſelf, full of gratitude and confidence, in the arms of
the great Author of my exiftence.”
,
STRAFFORD's fituation is very pathetically expreffed in
this conclufion of his ſpeech; but fure it is very deficient
in argument; fince it is apparent that a precedent of
fo great a criminal being condemned by the whole power
of the legislature, could not, in its confequences, be ſo
dangerous to the public, or the liberty of individuals,
as the example of crimes of ſo black a nature, and ſo
deftructive to the commonwealth, being committed with
impunity. An honeft and a wife man would never fear
the fevereſt ſcrutiny; and the weak and the wicked be-
ing deterred from accepting public offices, or, if they
did accept them, being kept within juft bounds by the
terrors of an after enquiry and puniſhment, muſt be of
infinite fervice to the well-governing the affairs of the
kingdom.
>
MR. Pym, in language manly and pathetic, breathing
fentiments that nothing but the fpirit of Liberty could
-inſpire, cloſed the pleadings of the Commons. He af-
firmed, that it had been clearly proved that the earl of
Strafford had endeavoured by his words, actions, and
counfels, to fubvert the fundamental laws of England
VOL. II.
M m m
and
450
HISTORY OF ENGLAND..
ง
Ann. 1641. and Ireland, and to introduce an arbitrary and tyranni-
cal government. He then proceeded to fhew the hein-
oufnefs of the offence: " The law, faid he, is the fafe-
guard, the cuftody of all private intereft.. Your honours,.
your lives, your liberties, your eftates, are all in the
keeping of the law. There cannot be a reafon more
pregnant or fruitful in treaſon, than that given by Straf-
ford for overturning law in Ireland*: It was a con-
quered country! No doubt, the conqueror may; give.
what laws he pleaſes to thoſe that are conquered; but
if the fucceeding pacts and agreements do not limit and
reſtrain that right, what people can be fecure? England.
hath been conquered, and Wales hath been conquered,
and, by this reaſon, will be in little better cafe than.
Ireland. If the King, by the right of a conqueror,
gives laws to his people, fhall: not the people, by the:
fame reaſon, be reftored to the right of the conquered,
to recover their freedom if they can?” In the courſe of
this excellent fpeech Mr. Pym. obferved, that the great-
nefs of a king did not confift in. domineering over his
ſubjects at home, but to incline and difpofe the affairs
of other ftates and nations for the good of mankind, and
the peculiar advantage of his own people; that this kind:
of greatnefs had been impaired by the late mifchievous
counfels.. "As, for induſtry and valour; continued he,
who will take pains for that wherein he hath no other-
intereft, but what is fubject to the will of another?
The ancient encouragement for men to hazard their per-
T
*Strafford in his defence had faid, that Ireland was a conquered
country, and that his illegal exertions there were to maintain the King's.
abfolute fovereignty.
fons
1
45 1
CHARLES
I.
fons in defence of their country was, that they fought Ann. 1641.
pro aris & focis, for their religion and their houſes; but,
by the arbitrary fway practifed in Ireland, and coun-
felled here, no man had a certainty either of religion or
a houfe. Befides, their tyrannical courfes have an ill
operation on the courage of a nation: A fervile condition
begets in men a flavifh temper and difpofition. Thofe
that live fo much under the whip and the pillory, and
fuch engines as' were frequently uſed by the earl of Straf-
ford, may have the dregs of valour, fullenneſs and ftub-
bornness, but thofe noble and gallant affections which
put men on brave attempts for the prefervation and en-
largement of a kingdom, they are hardly capable of.
Shall it be treafon to embaſe the King's coin, and muſt
it not be a greater treaſon to embaſe the ſpirits of his
fubjects, and to fet a ftamp of fervitude upon them?"
Strafford's crimes, Mr. Pym ſaid, were contrary to the
covenant between the King and his people, confirmed by
oath on both fides. He obferved, that juftice Thorpe
was put to death for bribery, becauſe in committing that
injuftice he had broken the King's oath, that folemn ob-
ligation which is the fecurity to the whole kingdom.
Strafford's offence was contrary to the end of govern-
ment, which was, to prevent oppreffions, to reſtrain the
violence of great men, to open the paffages of justice
with indifferency to all. The end of government was,
that virtue ſhould be cheriſhed, vice fuppreffed ; but
where arbitrary power was fet up, a way was open for
the advancement and encouragement of evil: Such men
as were apt for the exercife and maintenance of that
power were only capable of preferment, whilft honeft
men, who would not be inftruments of unjuſt and ille
Mmm 2
→
gal
452
HISTORY OF ENGLAND.
A
Ann. 1641. gál commands, were not only not paffable for employ
ment, but ſubject to jealouſy and danger. The end of
government was, that all accidents and defigns, all count
fels and events, fhould be improved to the public good
but arbitrary power was apt to difpofe all for mainte
nance of itſelf. The wifdom of the council table, the
authority of the courts of justice, the induſtry of the of
ficers of the crown, the learning of the divines, the jus
riſdiction of the bishops, had been all difpofed to that
effect. The royal power and majefty of kings was mot
glorious in the profperity and happinefs of their people;
the perfection of all things confifted in the end for which
they were ordained, in attaining whereof their happiness
confifted; but if the means and end were fet in oppofit
tion to each other, they must needs caufe a defect in
both.
On the abfurdity of Strafford's excufes Mr. Pym ob-
ferved, that it was true, Liberty belonged to counſellors;
but then thoſe matters which were good and beneficial
to the commonwealth were the proper fubjects of coun-
fels; not treafons, fuch as the fubverfion of its laws,
and violation of its liberties: They could not be jufti-
fiable by any circumftance or occafion. Strafford being
a counſellor made his fault more heinous, as being
committed against a greater truft, and in a way of
much miſchief and danger. Part of Strafford's apology
was, that his counfels were well intended: Sometimes
good and evil, continued Mr. Pym, truth and falfhood, can
hardly be diſtinguiſhed; matters hurtful and dangerous
may be accompanied with fuch circumftances as may
make them appear ufeful and convenient: In fuch caſes
good
$
CHARLES
*
I
#
453
good intentions will juftify evil counfels, but when the Ann. 1641.
matters propounded are evil in their nature, fuch as thofe
wherewith the earl of Strafford is charged, to break pub-
Lic faith, and fubvert laws and government, they can:
never be juſtified by any intentions, how good foever
pretended. He has often infinuated this, that his counfel
was for his majeſty's fervice, to maintain that fovereign
power with which he is trufted by God for the good of
his people. Doubtlefs, this is none of that fovereign
power, that by his own will he may lay taxes on his
people : This has been five times adjudged in parlia-
ment. He alleges, that his counfel was propounded
with divers limitations, and repairing the liberty of the
people: This implies a contradiction, to maintain an ar-
bitrary power, and yet to reſtrain it with limitations and
provifions; for even thofe limitations and provifions will
be fubject to the fame abfolute power, and to be dif
penſed with
with in fuch manner, and in fuch time, as itſelf
ſhall determine.” Mr. Pym concluded his harangue with
obferving, that the forfeitures inflicted for treafon were,
by the law of England, of life, honour, and eſtate, all
that could be forfeited; that nothing could be more
equal than that Strafford ſhould perifh by the juſtice of
that law he would have fubverted. "Neither, fays he,
will this be a new way of blood; there are marks
enough to trace this law to the very original of the king-
dom; and if it hath not been put in execution, as he
allegeth, for this two hundred and forty years, it was not
for want of law, but that all that period hath not bred
a man bold enough to commit fuch crimes as thefe;
which is a circumftance that aggravates his offence, not
makes him lefs liable to puniſhment."
1
THE
1
}
454
HISTORY OF ENGLAND.
*
Ann. 1641.
i
•
THE matters of fact being cloſed, Strafford demanded
to be heard by his counſel on matters of law. The
Commons oppofed this, becauſe they had, from the firft,
intended to proceed by bill of attainder after the clofing
the evidence of facts. The Lords were extremely unwil-
ling to give up the privilege of being the fole judges of
Strafford's guilt or innocence: They declared their refo-
lution of hearing his counfel on the point of law; and
Gardiner, the 'recorder of London, Loe, Lightfoot, and'
one Lane, attorney to the prince of Wales, were the men
appointed for this buſineſs. Lane's argument was an at-
tempt to prove that the ffatute of 25 Ed. III. was a de-
clarative law, and fo not to be interpreted as of confe-
quence, equity, or conftruction, but by the expreſs letter
only; and that an act had paffed in the fixth of Henry'
IV. which ordained, that the falvo fhould be holden
repealed in all times to come, and nothing to be eſteemed
treaſon, but what was contained in the flatute 25´ Ed.
III. **
The Commons thought it below their dignity to`
I
·
..
>
?
* One of the facts which Mr. Lane quoted, to prove his argument,
was the earl of Northumberland's cafe in the reign of Henry IV. but
he ſtated it diametrically oppofite to the truth. This earl was charged
with treaſon, ſaid Lane, and if the ftatute of 1 Hen. IV. cap. x. where-
by the provifo is repealed, had not intervened, no doubt he had
been condemned of treafon; but he was convicted of felony, and
that becauſe he could not be drawn within the letter of the ftatute
25.Ed. III.
+
The earl of Northumberland had been in arms against the King, and
confequently within the letter of the ftatute. Henry referred the con-
fideration of his puniſhment to the judges. This the peers in open
parliament proteſted against, and declared that judgment belonged to
them: They acquitted him of treafon and felony, and brought him in
guilty of a trefpafs, fineable to the King. This cafe is a ſtrong evi-
{
A
dence
CHARLES
455
I...
A
offer any anſwer to Lane's argument; but told the Lords, Ann. 1641.-
they would depute one of their members to fatisfy them
on the legality of their proceedings. They paffed votes,
that it was fufficiently proved, that Strafford had endea--
voured to fubvert the ancient and fundamental laws of
thefe realms of England and Ireland, and to introduce
an arbitrary and tyrannical government againſt law, and
that theſe endeavours were high-treafon..
A PAPER was produced in the Houſe, of notes taken by ·
Sir Henry Vane of a debate in council after the diffolution:
of the laſt parliament; the title of which was, " No dan-
ger of a War with Scotland, if offenfive, not defenfive."
The notes were as follows:.
King Charles. How can we undertake offenfive war, if
we have no money?
Lord Strafford. Borrow of the city one hundred thou-
fand pounds. Go on vigorously to levy fhip-money. Your
majefty having tried the affections of your people, is ab-
fölved and loofed from all rules of government, and to
do what power will admit. Your majefty having tried
all ways, and being refufed, fhall be acquitted before
God and man; and you have an army in Ireland that
you may employ to reduce this kingdom to obedience;
for. I am confident the Scots.cannot hold out five months.
S
dence in favour of what the Commons afferted, that former parliaments
affumed the privilege of declaring in matters of treaſon, and diſclaimed
the judgment of inferior courts in all cafes of this nature which came
before them, according to a déclaration of the parliament in 12 Ric. II.
Vide Guthrie, vol. II. p. 348, 414.
Arch-
456
HISTORY OF ENGLAND.
+
Anni 1641.
Archbishop Laud. You have tried all ways, and have al
ways been refuſed; it is now lawful to take it by force.
Lord Cottington. Levies abroad there may be made for
the defence of the kingdom. The lower houſe are weary
of the King and church. All ways fhall be juft to raiſe
money by, in this inevitable neceffity, and are to be uſed,
being lawful.
Archbishop Laud. For an offenfive, not defenfive war.
+
Lord Strafford. The town is full of lords: Put the com-
miffion of array on foot; and if any of them offer to ftir
we will make them ſmart.
THIS paper was fuch a corroborating evidence to what
the privy-counſellors had already depofed on this debate,
that a bill of attainder of the earl of Strafford paffed the
Houſe, without any greater oppofition than that of fifty-
nine diffenting votes.
THOUGH we admire that fpirit of refentment which
theſe notes kindled in the Commons againft the princi-
pal offender, yet it muſt be allowed they were guilty of
ʼn deficiency of juſtice in not fending up at the ſame time
an impeachment againſt Cottington, who was in this
debate as notoriouſly guilty of treafon as Laud and Straf-
ford. The partizans of tyranny pretend to palliate Straf-
ford's guilt by alleging, that changing the word this
into the word that, the advice of reducing the king-
dom could regard nothing but Scotland, and implies no
criminal counſel. Not to lay any ftrefs upon the ab-
furdity
!
out o
457
C
HARLES I
+
furdity of this argument*, the other parts of the dif- Ann. 1641.
courſe, acknowledged by Strafford himſelf to regard Eng-
land, are evidently treafonable †.
MR. St. John was deputed by the Commons to fatisfy the
Lords on the legality of their proceeding by bill of attain-
der. His difcourfe was very prolix, and contained great
weight of law and learning. He told the Lords, that the
Commons had found Strafford guilty of treafon within the
ftatute of 2 5 Ed. III. by levying war, upon the matter of the
fifteenth article of their charge‡. They found him guilty
of treafon by affeffing and laying foldiers § on the ſubjects
Since the queftion in debate being how to get money of the Eng-
liſh, the diſcourſe muſt be downright nonfenfe, if it did not mean the
employing violence to reduce the kingdom which denied money.
The notes either were, or were pretended to be, obtained clande-
ftinely by Sir Henry Vane's fon, out of a cabinet in which he had been
fent to fearch for other papers by his father. If this was only a pre-
tence, to fcreen Sir Henry Vane from being thought an inftrument in
expofing that which he had no mind to conceal, it was the moſt unne-
ceffary piece of hypocrify that ever was attempted. The difcovery
muſt have done him credit with every perſon who thought juftly; fince
it is inconfiftent with true honour, or the duty of a good citizen, tó
conceal treaſonable counſel againft the liberty of his country, wherefo-
ever projected or ſpoken. The pofition, that the oath of a privy-coun-
fellor binds him to be guilty of fo great a crime, is dangerous, illegal,
and abfurd.
* Mr. St. John fhewed, that the law made a diftinction between fub-
ject's levying of war againſt ſubject on matters of a private nature, and
the levying of war to enforce arbitrary power, and alter the laws, ſta-
tutes, and government of the realm.
§ This was inflicted by way of puniſhment for difobedience to the
deputy's orders. The foldiers that were thus affeffed on the ſubject
VOL. II.
Nnn
killed
458
HISTORY OF ENGLAND.
Ann. 1641. of Ireland, within the Irish ftatute of 18 Hen. VI. * and
laftly, they found him guilty of treafon by the common
law, in endeavouring to fubvert the fundamental laws
and government of the realms of England and Ireland,
and inftead thereof to introduce a tyrannical government
againſt law.
The ftrefs of Mr. St. John's, argument was,
that Strafford was guilty of treaſon by the common law
of the land, and that the ftatute of Hen. IV. was only
to regulate the common courts of juftice, not to limit
the power of parliaments. There feems to be a great
deal of reaſon in what he urged on this point. There
killed their cattle, and confumed their proviſion at their pleafure. This
burthen the ſubject was to fuftain till they conformed, in all things to
the deputy's pleaſure.
* Concerning this article Strafford pleaded, that by the ftatutes of
8 Ed. IV. and 10 Hen. VII. the Engliſh ftatutes were brought into Ire-
land, and confequently the Iriſh ftatute of 18. Hen. VI. was rendered
invalid by the 1 Hen. IV., which fays, that in no time to come treaſon
ſhall be adjudged otherwife than is ordained by the ſtatute 25, Ed. III.
This objection was little efficacious, becauſe an act of parliament,
enacted at the fame time of that of 10 Hen. VII. declares, that all the
Iriſh ſtatutes excepting two, whereof the Iriſh ſtatute 18. Hen. VI. was
none, fhould ftill be in force. To an objection Strafford made, that
he could not be tried in England for offending againſt the Iriſh laws,
Mr. St. John brought examples to prove that feveral deputies had been
tried in England for offences committed in Ireland; that the common
law, the expofitor of ftatutes, was the fame in both countries; and
that writs of error in pleas of the crown, as well as in civil caufes, had
been brought even in the inferior courts of Weſtminſter, upon judg-
ment given in the courts of Ireland; that writs of error lie in the par-
liament of England on erroneous judgment given in the Iriſh parlia-
ment; that acts of parliament made in Ireland have been confirmed by
the parliaments of England; and that there had been ſtatutes made in
England which concerned the lives of the Irish fubjects. Rushworth,
vol. VIII
have
CHARLES I.
459
have been precedents fince that time of men being con- Ann, 1641.
victed at common law, and impeached and attainted by
parliament, for treafons not fpecified in the ftatute of
25 Ed. III. Sir John Mortimer, after 1 Hen. IV. The
duke of Suffolk in Henry VI's time, for making an im-
proper peace with France; and Empfon and Dudley, in
Henry VIII's time, convicted at common law of high-
treaſon, for fubverting the laws of the land *. The fta-
tute of Ed. III. feems to have been framed with the laud-
able intention of protecting the fubject against the vio-
lence of kings and minifters, and therefore has with
great care enumerated treaſons that related perſonally to
the King, but meddles not with original ones, for which
Strafford was impeached; concerning treaſons againſt the
nation, ſuch as diminiſhing it's power, it's glory, or it's
intereſt in the way of trade: Concerning treaſons againſt
the conftitution and laws of the land it is entirely fi-
lent, and leaves their puniſhment to the diſcretion of the
legiſlative power. If theſe treafons were as well defined
as thoſe which relate merely to the perfon of the King,
it certainly would be advantageous to Liberty; but a to-
leration of them is totally inconfiftent with the fafety of
the conſtitution. St. John did not ftrictly confine his ar-
guments to points of law; his warmth betrayed him in-
to the indifcretion of advancing poſitions which have been
much cavilled at: That were the teftimony againſt Straf-
* The lawyers, in their pleadings for the profecuted members, Sir
John Elliot, & quoted the ftatute of 25 Ed. III. and alieged, that
the parliament was to determine what was treaſon, what not. The
lawyers for the crown alleged, that the pofitive law had always made
explication and expofition on that ftatute. Vide p. 72.
Nnn 2
ford
460
HISTORY OF ENGLAND.
{
Ann. 1641. ford not ftrictly what the law required, yet, in this way
of bill, private fatisfaction to each man's confcience was
fufficient; that the earl had no title to plead law, be
cauſe he had endeavoured to deftroy the law. "It is
true, added he, we give law to hares and deers, for they
are beafts of chace; but it was never accounted cruel nor
unfair to deſtroy foxes and wolves wherever they can be
found, for they are beafts of prey."
THOUGH it was highly imprudent to uſe theſe argu-
ments in a diſcourſe that ſhould have been merely con-
fined to matter of law, yet certainly there was reaſon in
what St. John advanced: A full conviction of crimes
may be obtained from a complication of facts and cir
cumſtances, the nature of which, as in this cafe, can-
not admit of two witneffes to every article; but every
article and circumftance may fo corroborate the charge,
as to amount to a more convincing proof than what is
required by the forms of the law: Thefe forms ought
never to be difpenſed with in any accufation of a private
nature; yet the man who would hefitate to profecute or
condemn a criminal, who it was rationally proved
had, like Strafford, been guilty of atrocious acts of
op-
preffions, and made bold attempts to enflave his country,
muſt be very lukewarm in the caufe of public juftice,
and have very narrow fentiments in regard to Liberty.
The arbitrary principles which it was apparent were dif-
fuſed through all his government, made him a more
noxious miniſter than a million of unjuſt acts which had
been clear of this tinct. Arbitrary principles deſtroy Li-
berty: The evil is univerfal and perpetual. Acts of
mere injuſtice are temporary evils, and affect but indivi-
duals.
CHARLESI
461
duals. Strafford preferred a petition to the Lords, that Am. 1641.
he might be heard again in point of law, to make a de-
fence against the bill of attainder. This the Lords, out
of refpect to the lower houfe, thought fit to deny.
CHARLES, who had been flattered that the Commons,
in their proceedings againſt Strafford, would find a firm
oppoſition from the Peers, was fo greatly alarmed at this
piece of complaifance, that he went immediately to the
upper houſe, and calling up the Commons to the bar,
made a ſpeech to both Houfes to the following effect:
"That he was convinced Strafford had been guilty of
fuch miſdemeanors, that he was not fit to ferve him or
the commonwealth in any place of truft; no not fo much
as to be a high-conftable. He had been prefent at the
hearing of his trial from one end to the other, and
could not in confcience condemn him of high-treafon.
He hoped they knew what a tender thing confciente
was; he would do great matters to fatisfy his people;
but that no fear nor refpect fhould ever make him go.
against his conficience."
THIS premature declaration ſet the Commons in a
flame. At their return to their Houfe, they fell into a
hot debate, in which it was faid, that his majefty had
in his speech plainly afferted, that an attempt to fubvert
the fundamental laws of the kingdom, and introduce an
arbitrary government, was not treafon; that if the King
might take notice of what bills were paffing in either
Houfe of Parliament, and declare his opinion, before
they came before him in a parliamentary courfe, it was
to fore-judge their counfels, which would prevent them
from
3:
462
HISTORY OF ENGLAND.
Ann. 1641. from applying remedies to the commonwealth fuitable
to the diſeaſes it laboured under. On theſe arguments
+
་
the Houſe voted, that this act of the King's was the moſt
unparalleled breach of privilege that had ever happened *.
The bill of attainder met with fo great an oppofition
amongſt the Peers, that the Commons would have
found it a difficult matter to fucceed in this important
point, had they not been affifted by feveral favourable
occurrences arifing from the King's imprudence, or ra-
ther treachery. The facility with which the parliament
had hitherto obtained what they demanded of the King,
had been owing to his extreme defire to get rid of fo
troubleſome a fet of counfellors: He every day expected
that they would difband both armies; and, according
to what they had artfully flung out in feveral ſpeeches,
fettle on the crown an ample revenue on an indepen-
dant footing. In this fituation he flattered himſelf, that
he ſhould be able to get rid of thoſe fetters which his
forced conceffions had impofed on the monarchy. But
finding, contrary to his hopes, that the Commons, dif-
trufting his fincerity, were determined, notwithſtanding
the expence, to detain their Scotch friends till they had
perfected a reformation on a ſolid conftitutional baſis, he
became inflamed with anger and impatience, and at-
tempted a very criminal expedient to free himſelf from
a fituation which his pride could no longer endure.
* Strafford either being fenfible of the bad effects which the King's
interfering might have on his fate, or difgufted with the expreffions he
threw out concerning his conduct, was fo much hurt with this ftep, that
he wrote a letter to the King, fignifying his wishes that he had left him
to the justice of the Lords. ·
THE
1
463
CHARLE E S I.
!
THE two armies remained ftill in the Northern parts, Ann. 1641.
and were ſupplied from time to time with money from
the parliament. On one particular occafion that the
Scots had made very preffing demands, ten thouſand
pounds were fent to them out of fifty thouſand which
had been defigned for the Engliſh army. The English
army, without attending to circumftances, or compre-
hending the difficulties the Commons lay under, fhewed
fymptoms of great diſpleaſure. Commiffary Wilmot, a
member of the lower houſe, told the ſpeaker, that if the
Scots could get money for fending a piece of paper, he
did not doubt but the Engliſh officers would fall upon the
fame expedient. This coming to the King's ears, he en-
deavoured to turn this accident to his advantage, and at-
tach the army to himſelf. In all his converfation with
the general officers, he lamented the partiality of the
parliament to the Scots, and promiſed if the Engliſh of-
ficers would be faithful to him, he would pawn his
jewels to feed them and their foldiers. The earl of
Northumberland and other principal officers being in
London, the army was commanded by Sir Jacob Aſhley,
a creature of the King's, and one whom Strafford had pre-
ferred to his fervice.
THE Queen, who, without the requifite talents, had
more than a female propenfity to intrigue, entered with
greater violence than judgment into the extreme of the
King's propofition, and, formed a fcheme for bringing Attempt to
the army up to London, to furprize the Tower, over- army.
awe the parliament, and fortify Portſmouth. Two
poets, Sir John Suckling and William Davenant, with a
Mr
debauch the
?
464
HISTORY OF ENGLAN D.
Ann. 1641. Mr. Jermyn, were her confidants and counſellors. The
fcheme was communicated to the fon of lord Goring,
an officer of a debauched and profligate character. The
earl of Newcaftle was to be general, Goring was to be
lieutenant-general, and the King and prince of Wales,
with one thouſand horfe, were to join the troops in Not-
tinghamshire. Piercy brother to the earl of Northum
berland, Willmot, Afhburnham, Pollard, Berkley, and
O'Neal, had communicated with the King on a defign
to engage the army in his favour; and, according to
directions, had drawn up a petition, which he promiſed
to get fubfcribed by the officers. of the army, against
the leffening the power of bishops, againſt the diſband-
ing the Irish army till the Scots were difbanded, and for
the fettling the King's revenue; promifing their affift-
ance for the accompliſhing theſe points *. To this pe
tition the King had the imprudence to fign C. R. as a
token of his approbation.
BOLD and dangerous as was the deſign, yet it did not
match the violence of the Queen's temper, nor entirely
fatisfy the King. Piercy, the principal agent between
the King and thefe officers, was preffed by the King to
admit Goring and Jermyn into their cabal; and this,
notwithſtanding Piercy reprefented that the things theſe
men aimed at were beyond what the army could be
brought to undertake, it was at length refolved, that
* Clarendon pretends to give the true petition which was preſented
to the King; but Rapin has fhewed, that this petition inferted in the
Hiſtory of the Civil Wars could not be the real one, becauſe it men-
tions facts which happened after the time the plot was difcovered. Ra
pin, vol. XI. p. 134.
the
!
CHARLES I
465
*
the two fets of confpirators fhould meet to determine on Ann. 1641.
a general plan of action, under an oath of ſecrecy not to
communicate any thing that ſhould pafs amongst them.
The army, very much to their honour, had the good
ſenſe to reject fome propofals that were made to them
from this cabal; and Goring, having quarrelled with the
party, difcovered the whole plot to the leaders of the par- The plot
liament.
diſcovered.
MR. Pym communicated the intelligence to the Houſe.
There were informations given, he faid, of defperate de-
figns, both at home and abroad, againft the parliament
and the peace of the nation. There was an endeavour
to difaffect the army, and bring them to over-awe the
parliament; there was a defign upon the Tower, and at-
tempts for the earl of Strafford to eſcape; that theſe
combinations at home had a correfpondency with prac-
tices abroad: The French were drawing down their
forces to the fea-fide; there was caufe to fear their in-
tent was upon Portſmouth; divers perfons of eminency
about the Queen were deeply engaged in theſe plots.
Both Houſes were fo affected with the profpect of
their danger, that a proteftation, declaring that the Proteftation
fubfcribers would unite to defend their Religion and of both
Liberties, was taken by almoſt every member of the
Commons Houſe *, and by all the Lords, except South-
*The preamble to the proteftation relates, that the members of the
Commons Houſe finding the church in danger from the late bold prac-
tices of the adherents to the fee of Rome, and that there had been
and were endeavours, even during the fitting of Parliament, to fub-
vert the fundamental laws of England and Ireland, and to introduce an
arbitrary government; that through the unhappy breach of Parliaments
VOL. II.
Ooo
the
Houfes.
466
HISTORY OF ENGLAND.
f
Ann. 1641. ampton and Roberts, who refufed it on pretence that
there was no law that enjoined it. A few days after-
wards, by an order of the Commons, the proteftation
was publiſhed, with an explanation that the doctrine of
the church, ſpecified in it to be defended, was only
meant ſo far as it was oppofite to Popery and Popiſh in-
novations; not to extend to the maintaining any form
of worſhip, difcipline, government, rites or ceremonies
of the church of England. The proteftation, with this
explanation, was recommended by the lower houſe to
be taken by the whole nation.
THE Commons were not deficient in the neceffary
meaſures to defeat the defigns of their enemies: They
fent cloaths and provifions to the army, with a letter pro-
miſing the ſpeedy payment of their arrears. The lord
Mandeville, Sir Philip Stapleton, and Sir John Clotworthy,
were fent down to Portſmouth to infpect the garriſon,
and, if they faw caufe, to fecure the governor: Fifteen
barrels of gunpowder, going that way, were ſtayed.
Orders given that the forces in Wiltſhire and Hampſhire
be drawn towards Portſmouth, and the forces in Kent
and Suffex towards Dover. All the fea-ports were ſhut
up, and Strafford made clofe priſoner. The Com-
mons declared, that whofoever ſhould give counfel or
the fubjects had been vexed with divers oppreffions, fuperftition brought
into the church, multitudes driven out of his majeſty's dominions, a
Popish army levied in Ireland, and two armies maintained in the bowels
of the kingdom, to the confumption of the treaſure of the realm; and
finding that endeavours have been uſed to incline the Engliſh army to
fupport by force wicked counfels, have, &c. Rushworth, vol. IV.
P. 241.
affift-
M
CHARLES I.
467
affiftance to bring any foreign force into the kingdom, Ann. 1641.
unleſs by command of his majefty, with conſent of both
Houſes of parliament, fhould be adjudged as public ene-
mies to the King and kingdom.
The Queen having de-
clared her intentions to go to Portfmouth, was addreffed
by both Houſes to lay afide her journey.
ON the firſt intimation of a diſcovery, Piercy concealed
himſelf, and Jermyn fled the kingdom. Proclamations
were iffued for apprehending the confpirators. Goring
delivered his evidence before the Houfe; and Piercy
wrote a letter to the earl of Northumberland, confef-
fing all the particulars*: They both agreed in their
teſtimonies with regard to the oath of fecrecy, which
circumſtance was denied by Pollard, Ashburnham, and
Wilmot. One captain Billingly being examined upon
oath, confeffed that Sir John Suckling had offered him
promotion; that having notice to attend at the privy
lodgings at Whitehall, he there received orders to get an
hundred men to ferve in the Tower under him, being
threatened withal, that if he failed he ſhould anſwer it
with his life. Sir William Balfour, lieutenant of the
Tower, depofed, that he had orders to receive captain
Billingfly with an hundred men, into the Tower: That
at the fame time the earl of Strafford informed him of
*The King called God to witnefs, that he never knew of any de-
fign to bring the army up to London. This circumſtance carries a
ftrong mark of Charles's character. It appears by this depofition, fays
Rapin, that fuch a defign was propoſed in the affembly of officers, but
not approved; fo the King could affirm he knew of no fuch refolution,
becauſe, in effect, it was never refolved, though he was not ignorant of
its having been propoſed.
Ooo
000 2
his
!
468
HISTORY OF ENGLAND.
•
Ann. 1641. his intended eſcape; told him, that without his concur-
rence it could not be done; that if he would conſent he
would make him prefent payment of twenty-two thou-
fand pounds, befides a good marriage for his fon *
That he, the lieutenant, replied, he was fo far from con-
curring therein, that he was not to be farther moved in
fuch a thing.
5
THE parliament preſented an addreſs for diſarming
Papiſts †, and removing them from court ‡, and for dif
banding the Iriſh army. Charles anſwered, that he
would take care that there fhould be no juſt cauſe of
ſcandal as to Papifts; but he met with difficulties in dif-
* He was offered a daughter of Strafford's for a match with his fon..
The lord Cottington, conftable of the Tower, had mounted artillery
on its walls; but on a repreſentation of the Commons, the artillery
was diſmounted, Cottington's command cancelled, and the care of the
Tower wholly configned to Balfour.
[
This
The
In the Engliſh army there was a troop called Reformadoes.
troop, I imagine, confifted of men who had renounced Popery.
Houſe of Commons, however, were jealous of them, and ordered the
lord general to diſband them. By the fame authority, all the officers and
common foldiers who were Papiſts were turned out of the army.
;
The parliament complained, that the proclamation which had if
fued out on a former petition againſt Papifts was very fallacious and
unfatisfactory; that they ftill obtained letters of grace to protect them ;
and that a complaint had been made before the judges in the King's-
Bench, that there were above fix thouſand Recufants in one pariſh. In
the heighth of that popular odium which the party of Recufants had
incurred, one James, a Papiſt, affaulted and ſtabbed with a knife Hey-
wood, a juſtice of peace, for having prepared a lift of Recufants to be
preſented to the House of Commons. This act of violence helped to
inflame and alarm the nation to that degree, that Clarendon looks upon
it as one of the incidents that hurried on the fate of Strafford.
banding
CHARLES I
469
banding the Irish army; that it would become the par- Ann. 1641.
liament to begin with difbanding the two armies in Eng-
land. This anfwer exaſperated the Houſes. Tumults
daily increaſed. The frightened citizens were every day
alarmed with the account of freſh confpiracies. In Lan-
cafhire great multitudes of Papifts were gathered toge-
ther: They held fecret meetings, and appointed faſts for
the fuccefs of fome great event; and the prieſts had the
imprudence to declare, that the parliament would foon
be diffolved, for the English army was to march up to
the affiftance of the King, and that they would be joined
by French forces. Intelligence was given of provifion of
arms making beyond fea. Sir Philip Cartwright, go-
vernor of Guernſey, wrote word, that he heard the French
had a deſign on that iſland, or on fome part of England.
From letters that were ſtopped going to and coming from
France, it appeared, that the earl of Strafford was expected
there, and that the cardinal had been folicited to interrupt.
the proceedings of the parliament *.
* The following are paffages of a curious letter written from Father.
Philips, the Queen's confeffor, to Wat Mountague, a Papiſt in France.
The good King and Queen are left very naked: The Puritans, if
they durit, would pull the good Queen in pieces. Can the good king
of France fuffer a daughter of France, his fifter, and her children, to
be thus affronted? Can the wife cardinal fuffer England and Scotland to
unite, and not be able to difcern that in the end it is like they will join.
together, and turn heads againſt France. A ſtirring, active ambaſſador
might do good here. I have fent you a copy of the King's fpeech on Sa-
turday laſt, at which time he diſcharged his confcience concerning the
earl of Strafford, and was adviſed to make that ſpeech by the earl of
Briſtol and lord Saville." Rushworth, vol. IV. p. 257.
Father Philips proceeds to give an account of tumults which hap-
pened at this time: "The King is much dejected, adds he, the Lords
much affrighted, which made the citizens and the Houfe of Commons
3
fhew
470
HISTORY OF ENGLAN D.
}
Ann. 1641.
Strafford's
Letters,
vol. 1. p. 261,
& feq.
TWENTY thouſand inhabitants of London, of good
rank and quality, prefented a petition to both Houfes,
that they would determine the fate of Strafford; it
complained of grievances unredreffed; and that the in-
cendiaries of the kingdom, and other notorious offenders,
were left unpunished. The names of the fifty-nine
Commoners who voted against the bill of attainder,
were paſted up under the title of Straffordians, and be-
trayers of their country *. The Spaniſh ambaſſador,
fhew their heads. Some have braved little leſs than to dethrone his ma-
jefty, who, if he had but an ordinary fpirit, might eaſily fupprefs and
quaſh theſe people." Rushworth, vol. VIII. p. 751.
Clarendon accuſes the lord Say of having, with a treacherous defign,
adviſed the King to make a ſpeech in favour of Strafford. Father Phi-
lips is at this time a better authority for what related to the fecrets of
the court.
66
* In this lift was the lord Digby, who, to the furprize of all his
hearers, had made a very warm fpeech in the Houſe againſt the bill
of attainder. This light young man had entered with great vehemence
into the oppofition; and his eloquence had gained him fo much repu-
tation with the party, that he was appointed one of the managers to
ſupport the charge againſt the earl of Strafford. This he did with fuch
judicious acrimony, that when Strafford excepted againſt the lord Cork
as a witneſs, becauſe he might be influenced by reſentment for received
injuries, Digby replied, Truly if ill will to my lord Strafford ſhould
be an exception to a witneſs, I am afraid there will be few in the three
kingdoms whofe teftimonials will not be prejudiced." He was not lefs
fevere upon this offender in his ſpeech for triennial parliaments: "He
muſt not hope to be forgiven in this world, faid he, till he is diſpatched
to another." Notwithſtanding this appearance of zeal in the cauſe of
juſtice and his country, Digby had enlifted under the banners of Li-
berty on no one folid principle. His patriotifm arofe from the refent-
ment of the affronts his father had received from the King, and his
having been himſelf fent to the Fleet on a trifling occafion. On his
becoming confiderable in the lower Houfe, he found a very different
譬
​reception
D
4
:
"
471
CHARLES I
whofe houfe was a notorious receptacle of Papifts, was Ann. 1641.
inſulted by the mob. The queen-mother, who remained
ftill in England, was fo terrified with the curfes and im-
precations of the people, that ſhe defired to have a guard:
No foldiers could be found who would undertake the
employment. This being repreſented to the Houſe, they
agreed, that her perfon fhould be protected by a guard,
but at the fame time defired ſhe might be moved to leave
the kingdom, for the quieting of people's jealoufies, oc-
cafioned by ill inftruments about her perſon, and the
flocking of priests and Papiſts to her houſe *. The bill
of attainder not having yet paffed the Lords, the people,
with loud cries for juſtice, crouded round that Houſe,
and when any one of that body, who were thought not
to favour the bill, appeared, they were furrounded by
the populace, who profeffed that they would be governed
and difpofed by the honourable Houſe of Commons, and
defend their privileges according to their late proteſtation.
At length, when the dependants on the crown were
frightened from their attendance by the rage of the peo-
ple, the bill of attainder paffed, with nineteen diffent-
Bill of attain-
der againſt
Strafford paf-
fes the Lords..
May 7-
reception at court, and became fo intoxicated on receiving fome fmiles
from the Queen, that he entered with impetuofity into the meaſures of
the crown, was the undertaker and executor of all the low fchemes
forged at Whitehall, and was fo bafe, that being one of the committee
appointed to manage the profecution againſt Strafford, he ftole away Whitlock..
the
paper of Sir Henry Vane's notes, and made a folemn proteftation
to the Houſe, that he did not convey it away, nor did he know what
was become of it.
* Sir John Holland, in a fpeech he made concerning grievances, com-
plained, that foreigners and ftrangers were entertained at the exceffive
charge of the crown. Parl. Hift. vol. IX. p 75.
ing
472
HISTORY OF ENGLAND.
Ann. 1641. ing votes, the Houfe being compofed of forty-five
members *
THE paffing this bill was not the only advantage the
popular party gained by the terror and refentment of the
public on the diſcovery of the late plot. All the money
for the payment of the armies, and the gratifying the
Scots, had been raiſed in the city of London; fome part
of it on the credit of particulars who were members of
the lower houſe. Theſe creditors began now to confider
on the deſperateneſs of their fituation, if the parliament
fhould be fuddenly diffolved before an act paffed for
their indemnification. The commiffaries of the money
negotiation faid, there was no hope of borrowing more
money on the flender fecurity of parliament, fince it had
been found out, by the late diſcovery of a plot, that
there was no good meaning towards that affembly.
1
To
* The following clauſe is in the bill of attainder: "Provided, that
no judge or judges, juſtice or juſtices whatſoever, ſhall adjudge or in-
terpret any act or thing to be treaſon, nor hear or determine treaſon,
in any other manner than he or they ſhould or ought to have done be-
fore the paffing this act." This claufe, which relates to judges in in-
ferior courts, is confiftent with all the arguments urged by the Com-
mons for the legality of their proceedings againſt Strafford; the ftatute
of 1 Hen. IV. cap. xvii. being, as they afferted, to take
I
away the par-
liamentary power of declaration of treaſons, whereby the inferior courts
receive juriſdiction, and reſtrain it to bill, that it might operate no far-
ther than to the particulars contained in the bill. This clauſe of the Com-
mons, in the bill of attainder againſt Strafford, fhews a very laudable
attention to the prefervation of public liberty; yet it has been repre-
fented by monarchical writers, that the bill of attainder was of ſo ex-
traordinary a nature, that the legislators themfelves were obliged to in-
fert a clauſe that it fhould never be drawn into precedent.
obviate
CA HAR LE S I.
473
1
obviate thefe difficulties it was agreed, that a bill ſhould Ann. 1641.
be prepared, that this parliament fhould not be adjourn-
ed, prorogued, or diffolved, but by act of parliament.
It was urged, that this expedient was the only way to
calm the fears of the people, and fatisfy them that the
King's intentions were gracious; that for this reafon he
could never deny his affent. The motion was received
with univerfal approbation: A fhort bill was prepared,
and paffed the Houfe with little oppofition; the Lords
propoſed an alteration, that the time fhould be limited,
and not be left indefinite; but the Commons ftanding Bill for con-
firmly to their own bill, the Lords gave up the point, and parliament
paffed it without any alteration.
DURING thefe tranfactions, the King's fituation was
truly pitiable: His imprudence had raiſed a ferment
through the whole kingdom, which threatened a dan-
gerous commotion; nor could he, in the preſent exigen-
cies, find any refource, or other fecurity for his perfonal
fafety, than fubmitting to the will of the people. The
judges, on being confulted, declared the bill was legal,
and that the earl was guilty of treafon. The privy-coun-
cil, without one of the body venturing to interpofe other
opinion, told him, that there was no other way to pre-
ferve himſelf and pofterity than by paffing the bill
of attainder againſt Strafford: The Queen became an
importunate folicitor for his death. She was driven
to this by her fears, and the artful infinuations of fome
of her confidants, particularly the earl of Holland, who
flattered her with hopes that on the death of Strafford
and Laud, her authority over the King would be yet more
abſolute, and ſhe might, by interpofing her influence to-
"VOL. II.
PPP
wards
tinuing the
paffes both
Houſes.
474
HISTORY OF ENGLAN D.
น
Ann. 1641. wards the obtaining what was fo ardently defired by the
public, gain fome intereft with the popular party, The
King, in his anxiety of mind, put the cafe of confcience
to feveral biſhops; they applied themſelves to remove his
fcruples: Amongst thefe was Williams, who, notwith
ftanding his former difcouragements and ill ufage, cring-
ed and fawned to Charles * and his party, and on theſe
merits was promoted to the archbishopric of York, Wik
liams ftated the cafe to him in the following manner
"Whether, as his majefty refers his own judgment to
his judges, in whofe perfon they act in the courts of
law, and it lies on them if an innocent man fuffer, his
majeſty may not fatisfy his confcience in the prefent
matter; that fince competent judges in law have award-
ed, that they find guilt of treafon in the earl, that he
may fuffer that judgment to ftand, though in his pri-
vate mind he is not fatisfied that the lord Strafford is
criminal.'
* Beſides the profecutions already mentioned, Laud had entered an-
other againſt this prelate, in order to degrade him. Williams appealed
to a parliament; but the difficulties of the miniftry increafing, the af-
fair was dropped. Williams had lain above three years and an half in
the Tower when this parliament met: He in vain petitioned the King
for his liberty, and his writ as a peer to fit in parliament. The Houſe
of Lords, fixteen days after their meeting, fent an order to the lieute-
nant of the Tower to deliver him, and he was conducted by their ufher
to the Houfe. Williams had drawn up an hiftory of his fufferings, with
an intention to prefent it to the parliament; but he no fooner was in a
capacity to perform fervile offices for the crown, than he oppofed all the
popular motions in a manner which at length drew fome civilities from
the King, who fent to confer with him concerning his affairs, directed,
all orders filed againſt him to be erafed, and promoted him to the fee
of York. Hacket's Life of Williams, fol. & oct. ed.
THIS
↑
CHARLES
475
I.
THIS is a fenfible ftate of the queftion, which was in Ann. 1641.
reality a point of honour, not of confcience; fince a
king of England ought never to interpofe his private
opinion againſt the other parts of the legiſlature, and
what is declared by the proper judges to be the law of
the land. The queftion by Charles ought to have been
confidered in this light; Whether as Strafford's guilt was
incurred with his approbation, under the affurance of
his fupport and protection, the laws of honour bound
him to run the hazard of his perfonal fafety, together
with the peace of the kingdom, to make good that cri-
minal promife? Laws of honour, fuch as theſe, are ar-
tificial bonds, calculated for the prefervation of indivi-
duals, affociated in illegal combinations, and ſubſcribed
*to by men, who, having thrown off all civil ties, have
no rule of fafety but from mutual confidence, and the
hardy refolutions of their companions in villainy. If a
fteady adherence to fuch principles may be eſteemed
laudable among a licentious banditti, they cannot, I think,
be fuppofed to bind a monarch in his royal capacity.
Charles's fcruples, however, were invincible; and he was
at length brought to paſs the act, tho' he thought in do-
ing it he committed an unpardonable crime.
་་
IT is faid, that what determined him was a letter
from Strafford, in which he intreated him to put an end
to his unfortunate, however innocent life; and quiet the
tumultuous people by granting them that requeſt for
which they were fo importunate. My confent, faid
the writer, will more acquit you to God than all the
world can do; befide, to a willing man, there is no in-
Ppp 2
66
jury
476
HISTORY OF ENGLAN D.
"
Ann. 1641. jury *. And as, by God's grace, I forgive all the world,
with a calmnefs and meeknefs of infinite contentment
to my diflodging foul, fo, Sir, to you I can refign the
life of this world with all imaginable chearfulnefs." It
is faid that this letter was dictated by deſpair, and that
Strafford had certain intelligence that he fhould be des
prived of his life in the Tower, if the King refufed to
pafs the bill. It is probable, that he wrote the letter
with an intention to excite the King to make an effort
to fave him. It is certain, he fhewed figns of difappoint-
ment and furprize when he was informed by fecretary
Carleton, that the King had granted a commiffion to four
lords to paſs the bill of attainder. It was with ſome dif-
ficulty that he could believe the fatal tidings; but on be-
ing affured of their certainty, he rofe up from his chair
with marks of aftonifhment and horror, lifted up his
eyes to Heaven, laid his hand on his breaft, and exclaim-
ed, "Put not your truft in princes, nor in the fons of
men, for in them there is no falvation."
The King
confents to
Strafford's
THE Commiſſioners appointed to pass the bill of at-
tainder were at the fame time empowered to give the
to the Bill for royal affent to the bill for the continuance of the parlia-
attainder, and
continuing
the parlia-
ment.
May 10.
ment. Charles, tortured with the pangs of fhame and
remorfe for the yielding to Strafford's doom, paffed this
bill without attending to its importance. One fruitless
effort was made by the King to fave his unfortunate mi-
nifter: He fent a letter to the Lords, defiring that he
* The King had ſent a letter to Strafford during his confinement, in
which he affured him, upon the word of a king, that he ſhould not ſuf-
fer in life, honour, or fortune. Strafford's Letters, vol. II. p. 416.
might
!
CHARLES I.
477
might fulfil the natural courfe of his life in a cloſe and Ann. 1641.^
perpetual impriſonment, but concludes, "If no leſs than
his life can fatisfy my people, I muft fay fiat juftitia."
To this was added a poftfcript: "If he muft die, it were
charity to reprieve him till Saturday *" This letter of
interceffion, tho' delivered by the prince of Wales, did-
not alter the prefent determinations of the Lords: They
deputed twelve of their Houſe to fatisfy the King, that
even a delay of Strafford's execution would endanger his
own and his family's fafety, Charles yielded to the ne-
ceffity of the juncture, and told the Lords, that he did
not mean to fave Strafford to his people's difcontent. The
twelfth of May was appointed for the execution, and
Strafford, being fenfible that all endeavours to poftpone
it would be ineffectual, prefented a petition to the Peers,
praying for their interceffion with the King in behalf of
his children, and prepared himſelf for death.
•
In theſe moments of terror, he wanted that confola-
tion which fupports innocence when oppreffed by the
ftroke of power; he wanted that fore-tafte of glory,
which accompanies great characters, when fuffering in
the cauſe of virtue; he wanted the compaffion of man-
kind, which commonly attends the diftreffed. Deprived
of thefe fuccours, he found in fuperftition, that cordial
* Burnet fays, that he was told by Hollis himself, whofe fifter Straf-
ford.had married, that he drew up a petition for Strafford, and a ſpeech
for the King to make to both Houfes in his favour; that the Queen
not only prevented the King's going to the parliament, and changed
the ſpeech into a meffage, but prevailed with him to add the poftfcript,
“If he muſt die, it were charity to reprieve him till Saturday." Bur-
net's Hift. of His Own Times, vol. I. p. 82.
to:
478
HISTORY OF ENGLAND.
1
Ann. 1641. to the weak and wicked, ample refources on this tre
mendous occafion. Strafford, in the courfe of his admi-
niftration, had been a great promoter of what was called
the cauſe of God; viz. the intereft of the church: Many
of his oppreffions in his Irish government were com-
mitted with a view to enrich churchmen, and exalt the
power of the hierarchy. This was regarded by Laud as
the most orthodox of Chriftian virtues. Altho' Straf-
ford had directed his conduct in this point to the fole
view of promoting his intereft with this prelate, yet he
flattered himſelf he had attained great merit in having
been a promoter of the glory of the church; and as his
oppreffions on this head were part of his accufation, he
eſteemed himfelf a kind of martyr to the caufe of God.
The day before his execution he had earnestly follicited
an interview with Laud; on being denied, he ſent him
a meffage, that he defired his prayers that night, and his
bleffing on the morning.
Strafford's
execution.
•
$.
?
IN paffing from his apartment to Tower-Hill, he
ftopped under Laud's windows, and entreated the affift-
ance of his prayers in thoſe awful moments which were
approaching. A very tender fcene paffed between thefe
fellow-fufferers, who had been affociates in power: The
aged prelate, diffolved in tears, pronounced, with a
broken voice, a bleffing on his departing friend and con-
vert; then, over-preffed with the tide of forrow, funk
down in the arms of his attendants. Strafford, with a
determined countenance, marched on to meet his fate:
Archbishop Ufher, primate of Ireland, attended him on
the fcaffold. On feeing his brother Sir George Went-
worth weeping, he told him not to lament, but rejoice
in
;
CHARLES I.
47.9
:
...
}
:
¿
in his innocence and approaching happineſs; that no Ann. 1641.
thoughts of envy, no dreams of treaſon, jealoufies, or
cares for the King or ftate, or for himſelf, would inter-
rupt that eafy fleep. He then kneeled down, and, in a
folemn manner, made a proteftation, that as far as he
could underſtand he was not guilty of the crime laid
to his charge, nor ever had intention to prejudice the
King, the ftate, the laws, or the religion of the king-
dom *. He defired leave to make a fpeech to the people:
In this fpeech he afferted, that he was very far from be-
ing against parliaments, and did always think parlia-
ments to be the happy conſtitution of the King and king-
dom, and the beſt means under God to make the King
and his people happy † He profeffed, that he was an
obedient fon of the church of England, and wifhed pro-
ſperity and happineſs might ever attend her. He fent
a charge to his fon to prove a faithful fubject to the
King, and to beware of meddling with church-livings,
for that would prove a canker to him in his eftate; and
adviſed him to be a fervant to his country, as a juftice of
peace in his county, not aiming at higher preferments.
Having bid a laſt adieu to his brother, and the friends
who attended him, and fent a bleffing to his abfent re-
lations, he added, "I have now nigh done; one ftroke
will make my wife a widow, my dear children father-
!
*He thought it no prejudice to the ftate or church to affift both in
the attaining arbitrary power; but the queftion was, whether it was pre-
judicial to the people?
In this ſtrong affertion, Strafford certainly meant dependent par-
liaments, the greateſt curfe the nation can, in a political fenſe, be af-
flicted with. He could never mean independent ones; that is contra-
dicted in all his documents of government delivered in private.
lefs,
480
HISTORY OF ENGLAN D.
+
Aan. 1641. lefs, deprive my poor fervants of their indulgent mafter,
and ſeparate me from my affectionate brother and all
my friends: But let God be to you and them all in all.”
On preparing himſelf for the block, he faid," I thank
God I am no way afraid of death, nor am daunted with
any terrors, but do as chearfully lay down my head at
this time, as ever I did when going to repofe" The
executioner performed his fatal office with one blow.
THUS, by the ftroke of juftice and the voice of his
country, in the forty-ninth year of his age, died Thomas
viſcount Wentworth and earl of Strafford. His fate has
been lamented and loudly exclaimed againſt by many
writers, who allege that the fentence by which he fell
was not according to ftatute-law, and therefore ini-
quitous. This is an affertion contrary to fact, fince
part of the crimes for which he was condemned was
levying war within the ftatute of 25 Ed. III. and
feffing foldiers within the Iriſh ftatute of 18 Hen. VI.
Yet, allowing this affertion to be true, in the beſt regu-
lated governments, circumstances may ariſe of fo parti-
cular and urgent a nature, as to render it neceffary for
the legiſlative power to exceed the ftrict letter of the law.
England could not at this time be called a fettled govern-
.
*
There are two fpeeches in Somers's Collection of Tracts, pre-
tended to have been compofed by Strafford; one fpoken to fome lords
who attended him in the Tower immediately before his execution, the-
other intended to be ſpoken at his death. They are full of contri-
tion for his paſt conduct, and the ftyle fo different from the account
generally given of his behaviour, from his profeffions, from his advice
to his family, and from his character, and the ftrong préjudices he had
imbibed in the latter part of his life, that there is great reafon to fufpect
their authenticity.
+
*
ment,
T
C H RI
AR LE S I.
481
"
ment, fince the King, by his illegal adminiſtration, and Ann. 1641.
violent attempts to fubvert the conftitution, had intro-
duced a ftate of confufion, which rendered acts of
power
neceffary expedients to reinftate the people in their long-
loft privileges, and give to violated laws their due autho-
rity; not to mention that combination of circumſtances
which rendered the death of Strafford abfolutely necef-
fary to the ſafety of reviving Liberty. Never was cri-
minal executed on principles of ftricter equity, nor was
ever the life of a bad citizen more juftly due to an in-
jured country:
✔
STRAFFORD is one of the heroes of the monarchical Hischara&er.
party, and moft 'hiftorians agree he was a great man;
but none of them have taken pains to delineate his cha-
racter, or tell us what were the eminent qualities of his
head or heart, which conftitutes that greatnefs. It has
been alleged, that Strafford was a great ftatefman, a cha-
racter of the higheſt eftimation in its juft fenfe: But in
that exalted appellation, nothing more is meant by the
vulgar, than being a proficient in the narrow circle of
minifterial juggling, the abilities of a Scapin to cheat
the credulous and unwary! A knowledge in the exten-
five ſcience of politics, the different conftitutions of differ-
ent focieties, the juſt intereſts of nations, and the opera-
tive effect which political inftitutions have on the public
weal, when united to a head and a heart capable of em-
ploying it to the real ſervice of mankind, conftitute the
character of a great ftateſman. In the latter fenfe Straf-
ford will be found totally deficient; in the other he muſt
be allowed to excel. His talents were of that inferior
kind, which are always found united to a bafe mind:
VOL. II.
Q¶¶
The
482
HISTORY OF ENGLAND
Ann. 1641.
1
The badnefs of his heart had fo corrupted his judgment **
that at the time when he was engaged in the defence of
the Liberty of his country, he does not feem to have been
actuated by any juft, honeft, or liberal principle. He
was too ignorant of the nature of the conftitution, and
the laws of England, to form a right judgment of the
ftate of the queftion between the King and his people t;.
and entered into the quarrel with a factious view to op
pofe particular perfons to whom he had an inveterate en-
mity, and to make himſelf of confequence enough to be
noticed by the miniftry. His patriotifm diffolved on the
first beam of court-favour; he was intoxicated on the
firſt taſte of power, and became a more bold and zealous
inftrument of tyranny than any minifter this country ever
produced. He was of a revengeful, infolent difpofition;
but his fupreme vice was an infatiable ambition, directed
to falſe and unlawful objects. Among his weakneffes
we may reckon his vanity: This was the fource from
whence flowed his crimes, and this the prime cauſe of
his misfortunes. No inftance can give us a jufter idea
to what a height he poffeffed this contemptible folly,
than his perfecution of many people for not complying
with thoſe fervile ceremonies which he imagined due to
his authority. His revival of feveral foppifh formalities
of ftate, during his command in Ireland, is another ex-
ample of the fame kind, In all his letters to the King,
and his patron Laud, he affumed to himſelf great merit.
* Or rather, the badnefs of his judgment had corrupted his heart.
+ He was fo ignorant of the conftitution of England, that if in his
letters and diſpatches he fpeaks his real fentiments, he had no other
idea of the duty of office, but that of perſonal ſervice to the King.
and
:
t
2
CHARLES
I.
483
>
and importance; whilft he degraded the fervices of every Ann. 1641.
other man, excepting thoſe of his own creatures. His
behaviour was infolent to his fellow-fubjects, and abject
to his prince. He was continually ftimulating him to
acts of tyranny, by reprefenting, in phraſes bombaſt,
the fublimity of his power, and that it was neceffary to
curb the infolent oppofition of his fubjects, by fevere
and vigorous meaſures. Laud he conftantly courted, be-
cauſe he knew the abfolute power this prelate had ob-
tained over the King. Such was the man whom the
world has loaded with applaufe. His talents as an ora-
tor have been much admired: The conclufion of his de-
fence is infinitely preferable to any other of his produc-
tions of this kind. In his general ftyle of writing and
ſpeaking there is an infolence, a petulance, a vulgar
quaintnefs, which mark the genius and difpofition of
the man, and which ran through the whole tenor of his
conduct. The criminality and arrogance of his beha-
viour rendered him fo dangerous and obnoxious, that no
leſs than three kingdoms engaged with warmth in his
profecution; and the fentence of death paffed upon him
gave univerſal fatisfaction. The indulgence, therefore,
with which his memory has been treated can have no
other rife than from the prejudices of party and his fatal
end: The ax and the halter are excellent fpecifics to fub
due anger and ſoften refentment.
322
{
APPENDIX.
3
APPENDIX.
I
HAVE ventured to give the following abſtract of
all the arguments that were urged in the great trial
of Ship-money; I am fenfible that the pleadings of
Mr. St. John, Mr. Holbourne, and Sir George Crook,
muſt be greatly injured by an abridgment; my deſign in
this epitome is to excite the reader to peruſe this impor-
tant trial at length.
Mr. St. John began his argument by allowing, that there was a fu
preme power inherent in the monarch, for the government and defence
of the kingdom; he fhewed the method and known rules which the law
of England had ordained, for applying that power to the intended end,
After going through all the forms of adminiſtration which the law pre-
fcribes for the common government of the kingdom, he fhewed that the
affiftance of parliament was neceffary in all cafes that did not come with-
in theſe forms: That the king could not, out of parliament, alter the
old laws, nor make new; nor make any naturalizations nor legitima-
tions, nor ſeveral other things: That in many caſes, without the affif-
tance of parliament, he could not communicate either his juftice or his
power to his fubjects: That if this writ, which gave power to fell and
alter the property of the defendants goods, hath iffued from his majeſ-
ty otherwife than in parliament, where he ſtands in the height of fove-
reignty and perfection, the question was, Whether erroneouſly iffued or
not. In the ftating of this great question, Mr. St. John faid, he would
endeavour to prefent to their lordships thofe known and undoubted ways
and means whereby the law had provided for the defence of the realm,
both at land and fea, without the way in the writ: that the firſt was by
tenure of lands; the ſecond by the many prerogatives which, the law had.
fettled in the crown, and made peculiar for the defence of the kingdom
in general; the third was the particular fupplies of money for the de-
fence of the fea alone in times of danger ordinary and extraordinary.
Mr. St. John then fhewed the nature of military fervice, as eſtabliſhed,
in this kingdom by William the Norman.;, that with this the law had
appointed diverfe prerogatives for the extraordinary charge of govern-
ment, and for defence of the realm; theſe were veſted in the king jure.
corone, to be employed for the public good. The reafon why the king
had treaſure trové, and gold and filver mines, in the cafe of mines, was
declar
a
1
f
APPE
4
N D I X.
declared to be, becauſe the king is hereby to defend the kingdom. Mr.
St. John then quoted law-cafes the ftatutes of the 14 E.III. the ad-
vice of the lords of the council in Richard II's time; the petition of the
Commons in the fame reign, to prove that the conftitution had affigned
all the profits of the crown, but the King's perfonal revenue, for the de-
fence of the kingdom. The third way was particular fupplies of mo-
ney; for where the law put the King to any particular charge for the
protection of the ſubject, it always enabled him thereto. The courts of
juftice were fupported by fines, amerciaments, &c. For the de-
fence of the church, the King had temporalities of bishopricks fede var
cante, firft-fruits and tenths, and the tithes of all land that lay not with-
in any parish. Mr. St. John then entered into the hiftory of tonnage
and poundage, and fhewed, by the wording of the grants in the parlia
ment-rolls, that this tax was not only given for the protection of the
merchants, and the ordinary defence of the fea, but for its defence in
times of extraordinary danger, and from invaſion: That it was declar-
ed in the ftatute of 14 Ed. III. that aids, tho' granted in parliament
for defence, fhould not be brought into example, in that it might be
conceived the Commons were to bear that charge, which principally be-
longed to the King: That his majefty de facto took tonnage and poun-
dage, tho' not granted by parliament; and in the eleventh year of his
reign, when this writ firft iffued out, he took upwards of 300,000/
upon it: That his majefty was pleaſed by his proclamation, printed
1626, to declare that thefe cuftoms were always granted to his proge-
nitors for the guarding of the feas, and fafety and defence of the realm:
That he did, and ftill muft purfue thofe ends, and undergo that charge
for which they were firft granted to the crown; and that he received
them for the guarding the feas and defence of the realm. Mr. St. John
next alleged, that as the law had put the great truft of the defence of
the realm-upon his majefty, fo when the ordinary fupplies failed, it had
provided other ways for a new fupply: thefe were the extraordinary.
aids and fubfidies granted in parliament. To prove this, Mr. St. John
quoted the words of the fummons, and feveral inftances in each King's
reign, on which this affembly was called together to confider on means
for the defence of the realm. He farther proved, that this was the
only way for an extraordinary charge, by the means that paft Kings
were obliged to take, when they did not apply to this remedy; loans
and benevolence demanded with promiſe of repayment, anticipating their
rents. After enumerating thefe inftances, he added, "That it could not be
imagined that ſo many powerful princes would bind themſelves to repay-
ment of what they might take as a right; and that without any falvo of
their rights." Mr. St. John next objected to the uncertainty of the way.
intended by the writ; that the law delighting in certainties, to the end.
the ſubject might be fure of fomewhat that he might call his own, had
made all thofe things that the King challenged as peculiar to himſelf
from the fubject, either certain in themfelves, or reducible to a certainty,
either
A P P E N
D I X.
す
​!
•
either by the judges, jury, or parliament. After proving this by the rule
of law, he added, "My Lords, to apply all to the thing in queftion,
there is a cauſe for raiſing money for the defence of the realm, non de-
finitur in lege what will ferve the turn? If his majefty, as in the writ, may
without parliament lay twenty fhillings upon the defendants goods, I
fall humbly, fubmit it to your Lordships,. why, by the fame reaſon of
law, it might have not been twenty pound, and ſo ad infinitum; where--
by it would come to pass, if the fubject had any thing at all, he ſhould
not be beholden to the law for it, but is left entirely to the mercy and
goodness of the king," Mr. St. John ſaid, that theſe were his reafons
for objecting to the legality of the writ. He fhould now come to the
fecond kind of proof; authorities that his majefty could not tax his
people for fetting forth of land-forces for defence; for making and
maintaining forts and caftles for defence; for victuals for a defenfive ar-
my; for maintenance of prifoners taken in a defenfive war; for pledges:
and hoftages given by foreign ftates for the keeping of peace: "If, added.
he, his majeſty cannot tax his people for the five fupports of a de-
fenfive war, I fhall then offer it to your Lordships, whether it can be
done at all." Mr. St. John: quoted precedents and ftatutes to prove
that the ſubject was not taxable either for wages, or victuals, or other-
wife for finding of foldiers out of their counties, tho' for defence of the
kingdom; and that by the ſtatute of Running-mead, his majeſty could
not tax his own tenants, nor proportion the fine according to his plea-
fure: if he could not do it when the tenant held lands ad exercitum, for
the defence of the kingdom, much lefs could he do it where there was
no tenure for that purpoſe. Mr. St. John then quoted acts of par-
liament anno quarto William the Norman, ftatute of Running-mead.
17 John, the ſtatutes of 25 Ed. I. and the ftatute de Tallagio non conceden-
do, the ftatute of the 14 Ed. III. the ftatutes of the 25 Ed. III. againſt
loans and benevolences; the 1 Richard III. and the 3 Hen. VIII. for
proclamations, in which it was enacted, That the King's proclamations-
fhould be made equivalent to an act of parliament, but with a full ex-
ception of the ſubjects lands, goods, and chattels. Mr. St. John fortifi-
ed theſe authorities by many precedents; among thefe was the refolu-
tion of the Lords fpiritual and temporal in the 2 Ric. II. who, when the
King was befet with enemies, France, Spain, and Scotland, agreed
that the Commons could not be charged but in parliament; and there-
fore, as the neceffity was urgent, they lent money for the prefent, with
advice to call a parliament: this was afterwards declared in parliament,
and entered upon the roll without any qualification. Mr. St. John alſo
urged the commiffion iffued 3 Car. to raiſe money by impofition or other-
wife, which, without extreme danger to the King, kingdom, and people,
can admit no long delay, wherein form and circumftances are to be
difpenfed with rather than the fubftance loft. This, my Lords, ob-
ſerved Mr. St. John, was a commiffion to tax the fubjects in time of ne-
ceffity for defence. In the laſt parliament, this commiffion, as against.
4,
î
I
a z
+
the
* M
:
IV
A P. P´E· N DI X.
N
the law was condemned by both houfes, and cancelled in his majeſty's
prefence." Mr. St. John afferted that tonnage and poundage, when firſt
granted for life, was, that the King might always have money ready up-
on fuch fudden occafions. The laft precedent he quoted to ftrengthen his
arguments, was the commiffion of loans in 2 Car. queftioned afterwards
in the parliament 3 Car. and upon debate adjudged by both houſes to
be void in law by the petition of right; prefented fo to the king, his
majeſty did not deny it. Mr. St. John opened his laft day's argument
with the proof that the fea had no fuch peculiarity in it, but that it would
fall within that of the defence in general: he took his authority as high
as Dane-Gelt, a tax granted in parliament on the frequent invafion of
the Danes in the time of Ethelred, afterwards releaſed by Edward the
Confeffor. He urged the frequent complaints which the Commons, in
the earlieſt times of the Norman monarchy, had made on the infringe-
ment of their liberties, in this particular of attempting to tax them for
defence of the fea; commiffions repealed by the authority of parlia
ment which had been iffued by the monarch, to charge the people to
make ſhips for the defence of the realm; and the acknowledgments of
former Kings, that they could not, without the parliament, charge the
people with fafe keeping of the fea; the refolution of the fages of the
kingdom in Ric. II's time, who lent money to provide an army for the
fea till a fupply could be raiſed in parliament. Mr. St. John finiſhed
his learned argument with obferving, that the Cinque-Ports had divers
privileges; "fuch as being free from all aids and fubfidies granted in par-
liament, from all tolls, murage and pontage, throughout the realm, for
a certain fervice of fifteen days in a year, and the number of fhips cer-
tain; that when their charge in the number of men and fhips exceed-
ed two, allowance by the King was to be made them, as appeared by
the quire of Dover, and Par. roll of 7 Hen. VII. Par. roll of the 19 Hen.
III. &c. "My Lords, concluded he, if theſe ports who are bound
to the defence of the ſea, when they have performed that their fervice,
be not compellable to any farther charge, I fhall humbly offer it to
your Lordships, whether thoſe that be not bound at all, from the fame
reaſon, are chargeable at all." Mr. St. John in the courſe of his argu-
ment faid, that before the parliament of Lincoln, 29 Ed. I. all things
concerning the King's prerogatives, and the fubjects liberties, were alto-
gether upon uncertainties. The ftatute of Running-mead, Magna-Char-
ta, Charta de Forefta, had been confirmed at least eight times from 17
John unto the 29 Ed. I.; and yet not only the practice, but likewife the
judges went clear contrary to the plain, both words and meaning of them.
By the fecond chapter of Magna-Charta, a baron pro baronia integra, was
to pay but one hundred marks for his relief; the practice and procefs
of the Exchequer till 29 Ed. I. were always for this relief, one hundred
pounds, &c. That the matter of fact in thefe years, to the violation of
the fubjects right, procured the ftatutes that were afterwards enacted, as
the ftatute de Tallagio non concedendo, and others.
Sir
;
APPENDIX.
V
!
}
"I fhall
Sir Edward Littleton, folicitor-general, pleaded as follows:
fhew the king's right from the foundation of the kingdom to that which
they call the Norman conqueft; from the Norman conqueft to the time of
Magna Charta 9 Hen. III. from Magna-Charta to the ftatute de Tallagio
non concedendo 25 Ed. I. from the ftatute de Tallagio non concedendo to the
firft granting of tonnage and poundage; from tonnage and poundage
to this very day; and that the petition of right does no way concern
the difpute. I fhall confute all precedents, objections, reaſons, incon-
veniencies, authorities, or records, of which a great number were cited,
that there ſhall not be a fyllable left: and in that, firft, I will either fhew,
that the record is miſtaken or impertinent, and not to the queftion; or,
fecondly, thoſe that are pertinent, I will either agree them, or take the
force of them away, that none of them fhall be able to ftand in the
way of the King in this way of defence." After this flourish, Mr. So-
licitor began quoting the rule of falus populi fuprema lex, and grounded
his argument on the doctrine of neceffity: "Pofitive laws, faid he, are
abrogated by reaſon, when the fafety of the kingdom and people are in
danger." He quoted the proceedings in 1588, when the whole king-
dom was in confternation, that directions were given to keep the enemy
from landing; if they could not keep them from landing, to burn down
houſes, &c. If an enemy approach, à man may make bulwarks and forts
on another's foil, 21 Hen. VII. &c. If a fubject can be enabled with-
out parliament to do this, fhall not the King, who is pater patria, do the
like for the defence of the whole? A man may pull down the houſe of
another when the next houſe is on fire. If two men are fighting a man
may part them, and put them into ſeveral houſes, becauſe it is for the
good of the commonwealth. If a madman be abroad, he may be taken,
whipped, and impriſoned, left he do violence to himſelf and others. A
Surgeon may cut off one member to fave the reft. If a ſtorm ariſe at
fea, to caft out goods into the fea, is lawful for the ſafety of the other
goods, &c. What talk we of formalities when we are like to loſe the
kingdom, when the keeping of the laws would end the commonwealth ?
Mr. Solicitor quoted examples to fhew that every man was bound to de-
fend the kingdom when attacked; and was not the King as much lord
of the fea as the land? It was a Droit Royal to meddle with war and
peace: fubjects have nothing to do with it; true, Henry VII. brought
military difcipline into the parliament to advance his own ends. Some-
times dangers are fit to be communicated to the people, fometimes not;
they had authorities, which he conceived were full examples in point:
thefe, tho' not ruled in particular courts of juftice, were ſtronger than
any judgments. If men would pay, what need judgments? Tho' he
found not direct authority in printed books, yet records were as good
teftimonies and greater than reports: Thofe that concern jus publicum
come not into ordinary debate, but remain inter arcana imperii, and
thoſe would ſpeak fully. If precedents were not fo full in the years of
king Stephen and Henry IV. who were ufurpers, it is no wonder: If they
had
vi
APPENDIX.
1
•
مجمد
In
1
had had right to the crown, as his majefty hath, they would not have uſed
compliments. Before the Conqueft, he found that king Edgar had his
tenants, who fwore to co-operate with him per terram & per mare. He
denied that Danes Gelt had ever been releaſed: and affirmed that af
tèr Magna-Charta, and the ftatute of Tallagio non concedendo, Kings had'
layed impofitions on their fubjects. In 1588 the city of London was.
defired to find ten fhips; of themfelves they defired to find twenty :-
thefe was the affection of thofe times; they did not difpute, but were
ready to obey. In 1599 great troops were affembled at London. for de-
fence of the Queen, when the tumult was about the earl of Effex.
King James's time theſe were not much: His motto was Beati pacifici.
10 July 2 Car, a proclamation iffued that all people ſhould make ſpeedy
repair to feveral places, and fhould continue during the danger; and
for a binding authority, 12 Car. the refolution of, all the judges under
their hands, and inrolled in every court at Weftminster: a man ſhould¹
have thought that that fhould have given fatisfaction; it would have done
fo in former times. Mr. St.. John objects, That in his majefty there is
voluntas interna and externa, his inward will which he doth declare in
his chamber, and his legal will; and withal, that the King cannot judge-
himſelf, 2 Rich. II. fol. 10, 11. Can that be wanting in the fountain-
that iffues in the ftream? That I utterly deny. Is it not faid coram rege ·
in the King's Bench, and in the Star-Chamber coram conciliis noftris?
This is a new doctrine: Shall not the King judge? Did not King Ed.
IV. fit in perſon in the King's Bench in the trial of a rape and that-
famous juftice Popham fat at the King's feet, and other judges, at the
King's fide, and therefore called jufticiarii a latere regis. Sure he forgot
King James, who adjudged two cafes in the Star chamber, that of Bel-
lingham's and Sir Thomas Lake's. Now he fays the parliament is the
higheſt court, and the king is there at higheſt both for magnificence
and power; but yet out of the parliament the King is King of England.
It doth not follow becauſe he may do it in parliament, that therefore he
can do it no where elſe. Oh but the King hath provifion for war: this
is but a cunning infinuation to make a furvey of the King's revenue,
and to infinuate with the people; and he begins with knight's fervice,
and theſe in dangerous places, as Dover, Durham, Chefter; then he
faith that efcuage is to be affeffed in parliament, tho' for defence of the.
kingdom. If that were the proper queftion, I could fhew when efcu-
age was not by parliament, for it was by another reafon. It was altered
by an act of parliament 17 Johannis, ftatute de Running-mead, nullum
fcutagium, for it was not fo before; alfo it concerneth the fubject as well
as the King. No man fhall be judge in his own cafe, but therefore not
the King; that held no proportion: and Kings are faid to do no wrong.
Then he alledged, that the King is in actual poffeffion of the wards,
that they fhould go towards the maintenance of the war: he cannot fhew
any authority worth the valuing; neither Bracton nor Britton hath any
fuch thing. It was faid of the Cinque Ports, that they have many pri
vileges
3
'
จ
"
APPENDIX.
vii
vilèges allowed them for the defence of the fea. Is the Cinque-Port-
fervice a competent provifion to defend a kingdom againſt hoftilities?
I know ho feaſon but the whole body fhould defend themſelves.
Then they object that tenures in ancient demefne were taillable without
confent; and their fervice for the King's provifion in the houfe, no rea-
fon 'that ſhould exclude them from the general fervice. Then he did
object there was another way of fupply of extraordinary means, as
mines in other men's land; and here he remembered M. 3 Ric. II.
prerogative comm; difference taken between annual and cafual reve-
nues for defence; then he objected Rot. Parl. 6 Ric. II. 11. 42. that
the King would live of his own revenues; and that the mines, &c.
fhould be for defence of the kingdom. Onflow, who argued the cafe,
Taid, that the king was the moſt excellent perfon both at fea and land;
therefore the royal fifh at fea, and the gold and filver mines at land,
were given to him, becauſe he was able to give a ftamp on money.
The King muft live forfooth of his ordinary revenue, M. 3 Rich. II.
which expreffeth that the King at that time would do fo: that the
King, by advice, for falvation of the kingdom, would uſe theſe things
given unto him; that indeed was a reaſonable thing for that time, but
muft it be now turned for a néceffity? Mr. Solicitor next affirmed, that
tonnage and poundage was never given nor taken of itſelf fimply, on
extraordinary defence; that in all ages before the granting of tonnage
and poundage, the Kings, upon a general defence, had had other aids
than this, by their own power. Ordinary charge for an ordinary de-
fence; all men must bear proportionably their fhare in the charge of
defence. Oh, fay they, but this may be done in parliament: by a may
be à man may anfwer any argument, but a may be will never anſwer a
bill. Mr. Solicitor then quoted what he called precedents to the caſe
in queſtion, and affirmed, that this right was never meant to be ex-
cepted in Magna-Charta, or any of the other ftatutes againſt impofi-
tions; and that the ftatute de Tallagio non concedendo was no act of par-
liament: That Richard II's parliament, taking notice of his tender age,
took much power upon themſelves. At the end, the petition of right,
neither Lords nor Commons, jointly nor feverally, could make a new
law without the King's confent; and that the judges, and none but
them, were the interpreters of the law, wife king James did declare.
He owned that the ftatute 31 Hen. VIII: forbid to take away inheri-
tance or land; but here was no lands or goods taken away. Mr.
Hampden had none of his goods touched. A commiffion of loans 3 Car.
for the defence of the kingdom: they mean the commiffion which
was a confideration to levy monies by reaſon of the neceffities of the
times, it appeareth in the journal book to be for impofitions, or other-
wife to raife money not concerning this queftion: it appears by that;
that the King gave a gracious anfwer unto it, and that it was done for
the prefent time; a warrant for advice only. It was done to raiſe mo-
ney in general, but no determination of right; and faid at your defires
it
viii
APPENDIX.
it fhall be cancelled: then there was a commiffion for loans 5 Feb.
2 Car. and this they fay, it was for defence of the kingdom. It appears
it was for the defence of the Palatinate and Denmark, and for that, a
bifhop was fentenced for his miſtaking. Mr. Pym brought up the arti
cles againſt him.
A
Mr. Holbourn argued next: The firſt queſtion was, he ſaid, Whether
upon the whole record, the cafe did appear for the King. That the 4th,
Auguſt 11 Car. being the day of the date of the writ, the King could
charge the county of Bucks to find a ſhip at their cofts and charges: If
he could, Whether he could give power to the fheriff to affefs the coun-
ty? As in this cafe, admit he had power to charge and affefs,, Whether
he could levy the money unpaid, by this courfe of certiorari. and mitti-
mus; as he might do if it was his own proper debt 2 The firſt, tho' ar-
gued fully, yet he doubted whether it flood rightly flated. Yet admit-
ted by them, as there was a neceffity to ftate it on the King's part, as
Mr. Solicitor had ſtated it, or waye the difpute. Mr. Holbourn then pro-
ceeded to confider the firſt queſtion, and fhewed that there was no fuch
inſtant neceffity, but that a parliament might have been time enough
called, to have confidered of the means of defence. That in the writ dat-
ed the 4th of Auguft there appeared no danger of the kingdom being
then loft; nothing but for protecting merchants and for common de-
fence; and in the mittimus were no exprefs words of danger to the
kingdom inſtant and unavoidable. Mr. Holbourn objected to the word
Lalus in the mittimus; it was but a metaphor in writs; and in plead-
ings metaphors were dangerous; they did not know how to take iffue
upon them. He doubted whether if the King put particular reaſons in-
to the writ, the law did permit any after-wit to put in farther clauſes
of the fame nature to the fame end: That tho' it did now appear by the
mittimus, that the 4th of Auguft the kingdom was in danger of being
loft, yet this was not fufficient in law; nor could their demurrer hurt
them, becauſe it muſt have ſo appeared in the writ 4 Aug itſelf: for the
writ and declaration in law muft ever contain preciſely fo much of matter
as is neceffarily true to warrant the demand. If a danger declared
made the cafe, how ſhould the fubject know by the writ 4 Aug, whe-
ther to obey or not? The law bound not a man to divine; and if the
fubfequent declaration mended the cafe, then the fubject would be a
wrong doer ex parte facti. The negative part of my argument, faid he,
is, that the King cannot, out of parliament, charge the fubject; not
only for guard of the ſea against pirates, but alſo not for the ordinary
defence of the kingdom,, tho' the King judge the kingdom to be una-
voidably in danger to be loft. My pofitive part is, that the king is re-
gularly to be at the charge for guarding the fea againſt pirates, and for
the defence of land and fea againſt enemies, fo far forth as he is able; and
that he has provifion for both, eſpecially for the fea-fervice. Admit it
be agreed, that by the policy of the kingdom, the King cannot charge
the fubject, yet the King may without advice in parliament, in cafes
extra-
ہے
APPENDIX.
ix
extraordinary, where, in his judgment, the fafety of the kingdom is
in inftant danger; and that the bufinefs will not admit the calling of a
parliament. Mr. Solicitor fortified this diftinction with ſtrong reafon-
ing, falus populi fuprema lex, and then, foreſeeing the encounter of a re-
ply, he faith, the ſubject muſt not ſay that although the power be in the
King, he will enlarge his power, for the King can do no wrong. The
diſtinction between danger ordinary and extraordinary, where the King
doth think a danger, and a parliament cannot be called; that diftinc-
tion, I fay, muſt needs deſtroy the policy of the whole; for as I con-
ceive, the end of that policy is, that it ſhould never be in the power of any
governor to become fubject to will or error. The law-books fay the
King can do no wrong, and therefore hath taken care that he fhould
do no wrong; for he cannot make a diffeifin, nor diſcontinuance; there
may be an inclination to entry, but the law, becauſe he ſhould do no
wrong, hath made this act void. I fhall offer the judgments of feveral
fages in England; they ever thought it a dangerous thing to allow any
exceptions whatſoever, left the party that was meant to be reftrained
fhould be judge, and then go out when he would. Thomas of Becket,
he would not ſwear to the laws of king Hen. II. unleſs he might put in
this expreffion, falvo honore Dei. The King never meant to violate any
of thefe; but if that had been allowed, the clergy had been judges. In
all acts of parliament, where the King was to be limited or reſtrained,
they would have it in words fo punctual, that they would not admit of
matter of evaſion. The ftatute 28 Ed. I. after the confirmation of two
charters, and divers additions, there comes at laſt a ſalvo, jure coronæ.
Your lordships will find in hiftory, how all this was fatisfied. And 29
Ed. I. at a parliament held at Lincoln, the King made a confirmation
without a falvo. It may be demanded, how came in thoſe favings into
thofe acts, if the parliament did not like them? And if they were put
in, here was a truft. To give you the true anſwer, the exception never
came in originally from both Houſes, but from the Lords themſelves:
Thoſe were not times of granting all or denying all; but to anſwer fome
as to fome part, and ſometimes an exception; and this being read, the
act drawn up upon the whole by the King's counſel: And this miſchief
was found out Hen. IV. and from that time all petitions were wholly
granted or denied. Mr. Holbourn fortified thefe affertions with prece-
dents; and, to fhew fully the defired exception, he cited the example of
Normandy, which, having the fame privileges the Engliſh fubjects
claimed, loft them by allowing a falvo. Mr. Holbourn repeated Mr.
St. John's objection, that if the king might charge if he would, as on
occafion, fo on no occafion, as to feventeen pounds fo to feventeen hun-
dred pounds, ad infinitum: And added, becauſe it is taken for a maxim,
that the King can do no wrong, and therefore the law doth repoſe this
truft in him, of charging without any danger at all. I fhall fhew that
the fame law doth take notice, how and in what manner the King can
do amifs, and where it is fparing to leave him a power to lay a charge on
5
b
the
I
APPENDIX.
the ſubject, even in fmall things, when the quantum refts in his judg-
ment: It is true, the law doth allow the King to command payment of
money in fome caſes, yet where the quantum on occafion is fubject to a
trial, to ſay that the King cannot err in his natural capacity is ftrange;
human nature is not capable of fuch a prerogative. Princes are fubject
to natural infirmities of the body, and muſt die; even ſo of the under-
ftanding and will. How many acts of parliament have we in print,
declaring the King's miſtakes in the acts themſelves, and providing
medy for the future, yea in their own times? As the law faith the King
may miſtake in his natural capacity, fo it hath taken care that in his po-
litic capacity he fhall not; and hath provided means to prevent it, a
writ of ad quod damnum. Here Mr. Holbourn quoted law-cafes and
ftatutes to fhew how the King was reftrained from taxing; and defired
the judges to confider, how unwilling the common law was to leave
him at liberty to charge his fubjects; and how he was reftrained by acts
of parliament, when the common law before did give liberty. Theſe
acts of parliament he mentioned; and anfwered the objections that Mr.
Solicitor had raiſed to the authenticity and meaning of thefe ftatutes.
Mr. Holbourn then brought many authorities to prove, that it was the
practice of former Kings in all ages to refort, on extraordinary occafions,
to parliament; and when they could not effect their end by that means,
they made many borrowings, as appeared by the parliament rolls.
What other courfes, fays he, they have taken, appears by the former
arguments; and when the King received fuch fupplies, it came volun-
tarily, and with many proteftations, that thoſe things fhould not be
drawn into example. The people ever denied the practice of raifing
arbitrary impofitions on them, under pretence of defence of the king-
dom. Mr. Holbourn next enforced Mr. St. John's arguments con-
cerning the proviſion the law had given the King for the defence of the
kingdom; and farther infifted, that the King could lay no charge, not
even in little things, on the public; he quoted a book caſe of the 13 Ed.
IV. concerning a new office of meafurage, pro bono publico, and an action
brought, complained of in parliament to be against the ftatutes, to pro-
vide that no taxes fhould be laid. The anfwer was,. Let the ftatute be
obferved. Lord Latimer's cafe, condemned to die for laying on im-
pofitions on merchandize by the King's order. Mr. Holbourn obferved
on the proteftation of the Commons, with the grant of tonnage and
poundage to Hen. IV. To what end, faid he, would they have proteft-
ed, that it was granted of loan, and not of right, if the King might
charge them another way? In that cafe, it muſt be all one to them
which way they bore it, whether by tonnage and poundage, or otherwife.
The preamble to the grant of tonnage and poundage, I Jac. was men-
tioned by Mr. Holbourn, the condemnation of the commiffion of loans
and benevolence, and the commiffion of advice in the prefent reign,
the Petition of Right, and, laſtly, the judgment of both Houfes on
Manwaring's fermon. To the cafes where property yieldeth to necef-
fity,
APPENDIX.
xi
T
}
វ
fity, that Mr. Solicitor had quoted, fuch as a houfe on fire, a fhip in a
ftorm, when the danger is in proxima potentia; anſwered Mr. Holbourn,
We may prevent it. When another man's houſe be on fire, mine may
be pulled down to ftop it; fo that we may fee by what grounds we go in
the cafe of abfolute neceffity: If there be a ftorm, or leak in a fhip, that
the danger be actual, it is juftifiable for the mafter to throw out the
goods; but if he fees a cloud'arife, and, out of fear of a ſtorm, he throw
out the goods, I doubt on a jury which way this would go. My lords,
concluded Mr. Holbourn, there are in the cafe two points more which I
fhall move: Whether or no, admit the King could command the ſubjects
to find ſhips, he can give power to the ſheriffs to make the affeffment, as
in the writ. The ground is upon this, that in all cafes of politic charges,
the law takes an efpecial care to make an equality. In parliaments of old,
they were always careful to make provifion that way, as upon fifteenths
and fubfidies; and in Dane-Gelt, they went fuch a way, as there could be
no inequality; they went by taxing of hides. Now if the law doth
make this a legal way of charging, it allows the like way for affeffment
that is allowed in other cafes; fuch a way as wherein there can be no in-
convenience. If a hundred be charged, they have ways to lay it on them-
felves proportionably. The next thing is this; admit a levy may be well
made, whether the money thus paid may be brought into the Exchequer
by a fcire facias: I do think this is the firft writ that ever was of this
kind. I do not find it regular. My lords, I think it is hard to find
where there is a writ that commands and preſcribes the manner of levy:
It not only gives you power to levy, but fets the way of levying by impo-
fition, by diſtreſs, by felling; for my part I know no cafe can match it.
Sir John Banks, the attorney-general, offered his argument, with an
affertion, that this power of charging the fubjects was inter jura fumma
majeftatis, innate in the perfon of an abfolute King, and in the perfons
of the Kings of England; that it was fo inherent in the King's perfon,
that it was not any ways derived from the people, nor was it confined
to the political advice that the King muſt be in cathedra, fitting in par-
liament. That the King of England had an entire empire; was an ab-
folute monarch: Nothing could be given to an abfolute prince that
was not inherent in his perſon, as appeared by books, records, and acts
of parliament. That the King held his empire immediately of the God
of Heaven, and, at his coronation, his crown was elevated as a fignifica-
tion thereof. There is an objection made, faid he, that if charging
the people ſhould reft in the power of the King, he might do it when
there was no ground for it, and without cauſe; this is clearly againſt
prefumption of law; for where the law truſteth, we ought not to dif
truft. The King, as appeareth by all our books, is the fountain of juf-
tice and piety, and will do justice to all his fubjects; all juftice is deriv-
* The reader who is defirous of feeing this attorney-general's doctrine more at large,
may confult a late publication entitled, Droit le Roi; a copy of which was burnt by the
hands of the hangman, Ann. 1764.
b 2
ed
APPENDIX.
ed from the King; the King, being God's fieutenant, cannot do wrong.
The King could not be made an inftrument of covin and fraud, but the
patent was void. At the common law, a man committed by the King
is not repleviable; if committed by his council, that is, his reprefenta-
tive body, he is not repleviable. If the King commit a man per bouche,
he is not repleviable: For a farther reaſon, thofe that are his delegates,
or judges, are not to be miftrufted. That which a judge doth, as in his
office, fhall not be affigned for error: If it be fo in the delegate power,
much more in the primitive and fountain, &c. The King, as he is King
of England alone, for the common defence of the realm, may ftatuere, &c.
He may do it by the advice of his council when he pleaſes. He may or-
dain feveral ways, by the inftitution of the common law, by his ordinance,
by his proclamations, by his patents, by his writs, and, in legal matters,
by his judges. That this may be done by him, it is agreeable to reafon;
for Kings were before parliaments; and then ſurely they might have done
it. As juftice doth flow from the crown originally, as it was in Mofes,
fo it is in the King of England, only in the King's perfon. But after-
wards, the King did depute his deputies, and gave other powers. There
was a time, when there were no municipal laws, when pofitive laws were
not eſtabliſhed, when Kings did rule their people according to natural
equity; fince there have been pofitive laws, and municipal laws, the
Kings of England they have ordained, as by thoſe ſeveral records cited,
appears. The King and his lords may make an ordinance that ſhall be
as binding as a ſtatute. There is no claufe, nor any particular in the writ
4 Aug 11 Car. but is warranted upon many precedents, and in this thing
the King doth but jubere per legem. For the direction it is, as in this writ,
fometimes upon one, as probis hominibus of fuch a county, fometimes the
direction is to commiffioners, fometimes one way, fometimes another; and
of this, of the precedents themſelves, when your lordſhips come to fee
them, I fhall fpeak. They would have the King defcend fo low as to
give them a reaſon why he doth it; fome reafons are expreffed in the writ,
as quia periculum imminens, quia pro defenfione Regni, tuitione maris, fecuri-
tate fubditorum, falva conductione navium, &c. My lords, all thefe are
expreffed in the records 9 Ed. III. M. 12. fect 10. Ed. III. M. 20. R.
Alm. 12. Ed. III. M. 1. R. Alm. 13 Ed. III. M. 13. I find in thefe
writs the fame matter, power of affeffinents, fometimes levies by diftrefs,
and. impriſonments; nay, feizure of lands and tenements, goods, and
chattels, and that it was at the charges of the counties, both inland and
maritime; this appeareth R. fect. 8 Ed. II. M. 9. de navigio providend.
Pat. 9 Ed. II. M.26. Pars 2. De navigio providendo pro custodia maris. They
fay this power of affeffing the people for fums uncertain ought to be
no more than efcuage uncertain, and muſt be affeffed in parliament, a
fervice that is to be done by the tenant to his lord. What if this be fo
that it muſt be affeffed in parliament ? your lordships know, that the
'tenants muſt do according to the original duties of them; and if this be,
that the lord ſhall not affefs them but in parliament, is that an argument
*
from
APPE N D I X.
from a tenant to a lord in this cafe? This is fervice commanded not by
tenure, but a King from his fubjects: This is fuitable to the reafon of
law in other caſes; for thoſe ancient aids which the law doth require for
the making his eldeft fon a knight, or pour fille marrier; are not thoſe
certain at the common law? Muſt there be an act of parliament to affefs
- thoſe aids? the books are otherwife. But they ſay the ſheriff is no pro-
per officer, nor fworn to execute this writ; this is as wide as the other:
For, my lords, the fheriffs are fworn to execute all writs that ſhall be de-
livered to them for the King's fervice. For the manner of levying per
diſtrictiones, and by impriſonment of thoſe that do refute; is this new? It
hath been fo in all the precedents that have been vouched, both by diſtreſs
and impriſonment. They except to the penalty of the writ. The pe-
nalty of former writs have gone higher, &c. Mr. Attorney, in his laft
day's arguments, undertook to anſwer the feveral acts of parliament, re-
cords, and reafons, that had been urged on the other fide; and to anſwer
the exceptions that had been taken to the form of proceedings. The firſt
act that was infifted on, was that of William I. This he faid did no way
trench upon the royal power: It was inherent in the Kings of England
before the Conqueft, and here was only a conceffion that they ſhould be
free, ab'cmni injufta exactione. The next thing infifted on, was the charter
17 Johan. This was an enforced act from a diſtreffed King: Shall this
bind the crown? For the ftatute of Magna Charta it was made 3 Hen. III.
The general words of this act did no way impeach the royal power; for
the royal power was lex terræ: for the ftatute de Tallagio non Concedendo,
it took away no aids that were due by the law of the realm: Yet the words
were general, without an exemption, as of aid for to knight the King's
fon, or to marry his daughter; yet the law was obſerved; theſe aids were
not taken away; and fo it was declared in the 25 Ed. I. cap. 11. which
reduced theſe aids to a certainty. The next ftatute objected was Ed.III.
cap. 5. the words are thefe: "That no man fhall be charged to arm
himſelf otherwife than in the time of the King's progenitors, but where
neceffity requires, and the fudden coming of ftrange enemies within the
realm." So this ftatute is relative to what had been formerly done.
What hath been formerly done, appeareth by the records in the times of
John and Ed. I.; that the fubjects were to fet forth fhipping at their
own charge, and then this ftatute alloweth in two cafes, one where ne-
ceffity requireth, the other upon coming of ftrange enemies; and this
writ requireth no other than where there is a neceffity in the King's
judgment. The next ftatute is 1 Ed. III. cap. 7. where men at arms
were conve ed into Scotland and Ga coigne without wages; the King
faith it fhall be done fo no more. The ftatute mentioneth Scotland and
Gafcoigne, forei n wars. The next ftatute was, the 18 Ed. II. cap. 7.
men of arms, hobellers, and archers, fhall be at the King's fervice;
the ftatute fpeaketh likew fe of going out of England: But he that is
upon the defence of the fea, it is no going out of England. The next
ftatute was 25 Ed. III. cap. 8. no man fhall be compelled to find men
1
of
xiv
A. P PE N. D. Ì, X.
of arms, hobellers, and archers, otherwife than those that hold of fuch
fervice, without confent: This ftatute of 25.Ed. III. doth not take
away former laws; theſe three ftatutes of 1 Ed. III. 18 Ed. III. and
25 Ed. III. are recited in the ftatute 4 Hen. IV, and 'tis enacted, they
ſhall be firmly holden, and kept in all points; fo, if theſe ftatutes muſt
be kept firmly in all points, then the ftatute 25 Ed. III. doth not re-
peal any of theſe. They have objected, continued Mr. Attorney, the
counſel of the fages of the realm in the time of Ric. II.This is no act of
parliament, but a communication, between the Lords, and Commons in
the nonage of a young prince, who did not affent. The next record
objected was, 9 Ric. II. a tenth and a half, and a fifteenth, granted to
the King, on condition that the great officers of the kingdom fhould
be named in parliament, and fervants appointed for difpenfe of the
monies. If the King doth accept of fubfidies and aids upon condition,
does this take away his royal power? There is no more done in this
than was in the parliament 21 Jac. for there the officers and treaſurer
were appointed by the Houfes of Parliament. Farther it appeareth this
was granted pro viaggio Johannis Regis de Caftile, and not for the cuſtody
of the fea. The next record infifted on was, a tenth and a half, and a
fifteenth and a half, granted with a proteftation that it fhould not be
brought into example; this is nothing, no more than the other; a pro-
teſtation can no way prejudice the crown in this. The King's fpeech
7 Ed. IV. is objected. My lords, this is nothing but a gracious fpeech
of the King's to his fubjects, that he would charge them but in fuch
cafes as fhould concern the defence of the realm. The ftatute next ob-
jected was, 1 Ric. III. This is no benevolence, but a legal due. Next
they object to the ſtatutes of tonnage and poundage granted to the crown
for defence of the realm. In anfwer to this I fay, that there is no act
for tonnage and poundage that is now in force; neither are any duties.
taken to the crown upon act of parliament; thofe acts for tonnage and
poundage that have been granted make for the crown. If your lord-
ihips look in the ftatute i Eliz. and 1 Jac. it was given towards the
King's charges, not intended of extraordinary defence. In the next
place, they infifted on the Petition of Right, 3 Car. It was never in-
tended that any power of the King, by his prerogative, fhould be
taken away or leffened by it. I dare be bold to affirm, for I was of
that parliament, and was prefent at the debate, that there was never a
word ſpoken in the debate of taking away any power of the King for
the ſhipping buſineſs; beſides, it is declared, affented to, and denied
by none, that there was no intention by the Petition of Right to take
away the prerogative of the King: The King thereby did grant no new
thing, but did only confirm the ancient and old liberties of the fubject.
For an anſwer to fcandalous objections, it hath been faid, by Mr. Hol-
bourn, of theſe ſtatutes of the 25 Ed. I. and 28 Ed. I. that at the time
of making theſe laws they were pofitive; no fuch falvo was in them of
the King's prerogative; that the acts before Hen. IV. were penned by
the
$
APPENDIX.
XV
3
the King's council, and thoſe clauſes of a falvo crept in by the King's
council: Theſe were bold and prefumptuous affertions of the acts of
parliament made in the time of Ed. I. that there fhould be any claufes
added by the King's council that ſhould not be added in the record.
Mr. Attorney, having proceeded to make frivolous objections to all that
had been quoted in favour of the fubject, concluded with this piece of
fophiftry: Your lordships have obferved, ſaid he, that in all my dif-
courſe I have not infifted any way upon any power of impofition, nei-
ther is it the queſtion in this buſineſs; for no man's property is in-
vaded; no ſeizure of any man's goods, unleſs they incur it by contempt,
and by a wilful contempt the fubject may loſe his property. For the
fentence of Dr. Manwaring, it is nothing to this purpoſe: this writ de-
nieth not the property to be in the fubject, but faith the ſubject hath the
.property, and therefore commandeth the ſheriff to diftrain him if he will
not pay. They have objected Dr. Cowell's book, which was called in:
I wish they had read the proclamation; there are three caufes expreffed:
Firſt, becauſe he had writ things derogatory to the crown: Secondly,
for- —and thirdly, ſpeaking irreverently of the common law : Juft
like to the men who do not fpare to wade into all the deep myſteries of
princes, who are gods upon earth. For their objection that the King hath
a revenue belonging to the crown, for the defraying of all ordinary and
extraordinary charges, and for the guards of the fea, as tenures, &c.
my lords, it is not for us that are lawyers to look into the fecrets of the
King's revenue: The ftory of Acteon might deter men from looking
into the fecrets of princes. They fay there was no fufficient danger ex-
preffed in the writ 4 Aug. 11 Car. they fay a fupply by the mittimus
comes too late, and that the words of the mittimus are not a good affir-
mative. For this, I have given it an anfwer, that it was not neceffary
to reprefent the danger in the writ: but, my lords, for the fatisfaction
of his people, the King expreffed fufficient caufe in the writ, quia falus
regni periclitabatur. They fay, that there was no danger repreſented at
this time when the writ was out. That is miſtaken, for the writ of mit-
timus doth recite the writ 4 Aug. and that faith, quod quidem prædones,
pirate, &c. which fhews that danger was the caufe of the iffuing thefe
writs. They except at this word falus; it is a phyſical word, and figni-
fieth health, and you muſt have no metaphors in writs. Surely the gram-
marians tell us, that falus is taken pro incolumitate, as well for ſafety
as for health. Metaphors ars ufual in writs. I dare be bold to ſpeak,
there are more metaphors in the regiſter than in any book. Then they
have left no ftone unrolled in this cafe; now they fay the King's teſti-
mony in his writ is infufficient: Under favour, the tefte meipfo is with-
out exception; we are bound to give credit to it. The next except on
was taken to the fcire facias, that this fcire facias ought not to go forth
-for the debt; and two reafons were given for it; firſt, the writ 4 Aug.
"doth direct a form of levying, which is by diftrefs, or imprifoning thofe
that are rebels; fécondly, it is no debt to the King, and therefore ought
x
X
*
{
*
not
xvi
APPENDIX.
1
ņ
not to be levied by the feire facias. My lords, for this, this duty is due
to the commonwealth, it is pro defenfione regni, thefaurus publicus refpicit
regem; whosoever fhall detain any public duty, he may be queftioned by
the King as the head of the body politic; this fcire facias is grounded
upon the whole matter, the writ 4 Aug. the certiorari, and mittimus, and
commandeth that the defendants fhall fhew caufe why they fhould not
pay the money affeffed upon them by the county.
After the pleadings of the lawyers, the judges proceeded to give their
opinions, which each introduced by a speech, in which they argued the
cafe. Mr. Baron Weſton began: He obferved that Mr. Holbourn's ex-
ception to the words in the mittimus, that it did not make good the de--
fect of the writ, was frivolous, for the demurring to all had confelfed all;
whereas it had been objected, that if this power of raiſing money were ad-
mitted, it would keep back parliaments. If this power be in the King,
and it be juſt and equal, then it is not to be taken from him, becauſe he
may mifemploy his power; if he mifufe his power, the fault is his, this
objection cannot be made unleſs you fuppofe injuftice in the King: Make
what laws you will, if the King be unruly he will break them. For my
part, I am fatisfied there is an apparent danger, and that there is a ne
ceffity this danger ſhould be prevented.
+
Mr. Juſtice Crawley charged the plaintiffs with talking impertinently
of tonnage and poundage, when there was no fuch grant on record; of
fhip-money having been charged for three years together, of great fums
of money impoſed upon merchandize: then you talk, continued he, of
the fubjects lofing their property; but this rather to abuſe the people
without either colour or fhadow. If you at the bar had not fpoke it ar-
-gumenti gratia, it could not but have proceeded out of the depth of malice,
or ignorance, or both. If one be found guilty of murder, and the judge
knoweth the contrary, what fhall be done? He ought to acquaint the
King therewith, for it is the King's right of fovereignty to pardon, but the
judge hath no fuch power. I fay the whole cafe appertaineth to the King
only, and he is the fole judge both of the defence of ſea and land. Among
the royal prerogatives, Mr. Juftice Crawley reckoned the power to im-
poſe taxes without confent of parliament; and faid, that the King as
pater patrie was, by the law of nature, entrusted with the defence of the
kingdom; and this power to tax his people was but a confequence of
that: Albeit fubfidies be a gift and grant, yet this is in right and reaſon;
if the fon give to the father when he wants, it is his duty. You have
alleged precedents both before the Conqueſt and fince: That of the
Dane-Gelt, though it was a heavy yoke, yet it was neceffary to be born;
whether it was granted by parliament or no, non conftat; I fay it is a
good precedent, and I hold it good without parliament. Some diftreffed
Kings, as king John, Hen. II. and Ric. II. they did indeed do that by
borrowing which they might have took of right. Now to give an an-
ſwer to the ſtatutes of 25 Ed. I. and 14 Ed. III. and the Petition of Right
3 Car. adinit, I ſay, there were an expreſs act that the King, where the
8
*
realm
:
!
A P P E NDI X.
realm in never ſo much danger, fhould not have aid from his fubjects
but in parliament, it is a void act. Will any man fay fuch an act will
bind; this power is as unfeparable from the crown, as the pronouncing
of war and peace is: In fome cafes it is neceffary to leave the words of
the law, and to follow that which reafon and juftice requireth, and to
that intent equity is ordained. This impofition without parliament ap-
pertains to the King originally, and to the fucceffor ipfo fatto, if he be a
fovereign in right of his fovereignty from the crown. You cannot have
a king without thefe royal rights, no not by act of parliament. Again,
thefe acts bind not, for that a favourable conftruction, in cafe. of the
King, is to be had in all cafes. You fay this tax hath continued for
three years; put the cafe the danger continueth for three years, and then
the King ceaſeth to lay a charge, and the danger begins again the next
year; what, fhall not the King require aid as the danger increafeth?
And now to conclude without repetition, it doth appear by this record,
that the whole kingdom is in danger both by fea and land, of ruin and
deftruction, diſhonour and oppreffion; and that danger is prefent, im-
minent, and inſtant; and greater than the King can, without the aids
of fubjects, well refift: Whether muft the King refort to parliament ?
no, we ſee the danger is inftart, and admits of no delay. Shall we go
home and fit together in careleſs ſecurity? not fo. But let us refort to
our pious and juſt King, whofe prerogative and right of fovereignty is
to defend the realm, and to maintain his fubject's liberties; and fo L
give judgment for the King.
Mr. Juſtice Berkley's exordium was, that the people of the kingdom.
were fubjects not flaves, freemen not villains, to be taxed de alto & baffo:
Though the King of England had a monarchical power, and had jura
fumma majeftatis, and had an abfolute truft ſettled in his crown and
perfon, for the government of his fubjects; yet his government was to
bé fecundem leges regni. The fubject had in their goods a property, a
peculiar intereft, a meum & tuum. They had a birthright in the laws
of the kingdom; no new laws could be put upon them; none of their
laws could be altered or abrogated without their confent in parliament.
Thus much I fpeak, faid Mr. Juftice, to avoid mifapprehenfions and
mifreports upon that which I fhall fay in this cafe; not as if there were
cauſe of ſaying ſo much upon any thing challenged on the King's fide.
We have in print his majefty's moft gracious declaration, that it is
his maxim, that the people's liberties ftrengthen the King's prerogative;
and that the King's prerogative is to defend the people's liberties. It is
plain that as originally, even before the Romans' time, the frame of this
kingdom was a monarchical ſtate, ſo for divers hundreds of years paft,
upon the Romans' defertion of it, and after the Heptarchy ended, it
was, and continued, and ftill continueth, monarchical: And our gra-
cious Sovereign is a monarch, and the rights of free monarchy apper-
tain unto him; and yet ftill with this, that he muft leges &c. Where
Mr. Holbourn ſuppoſed a fundamental policy in the creation of the
frame
C
xvii
xviii
APPENDIX.
A
"
frame of this kingdom, that in cafe the monarch of England fhould be
inclined to exact from his ſubjects at his pleaſure, he ſhould be reſtrain-
ed, for that he could have nothing from them, but upon a common
confent in parliament; he is utterly miſtaken therein; the law knows
no fuch king-yoking policy. I never heard nor read that lex was rex
but it is common and moſt true, that rex is lex: for he is lex loquens, a
living, a ſpeaking, an acting law. There are two maxims of the law
of England, which plainly difprove Mr. Holbourn's fuppofed policy;
the firft is, that the King is intrufted with the ſtate of the common-
wealth; the fecond is, that the King cannot do wrong: Upon theſe
two maxims, the jura fummæ majeftatis are grounded, with which none
but the King himſelf, not his high court of parliament, without leave,
hath to meddle, as namely, war and peace, value of coin, parliament
at pleaſure, power to diſpenſe with penal laws, and divers others
amongſt which I range this alfo of regal power, to command provifion
in cafe of neceffity; otherwife I do not underſtand how the King's majeſty
may be faid to have the majeftical right and power of a free monarch.
It is the King's right to have fupply: Supply is not merely a benevo-
lence from the people. The fame law that wills the King to defend his
people, wills alfo, that the people grant to him of their goods in aid of
their defence. Give me leave to fay, that the parliament is but a con-
cilium, the King may call it, prorogue and diffolve it at his pleaſure;
and whatſoever the King doth therein, is always to be taken for juft and
neceffary. In granting the Petition of Right, his majeſty, who knows
his own heart and fincere meaning beft, in his fecond fpeeches to both
Houſes, faith, that it muſt needs be conceived that he had granted no
new, but only confirmed ancient privileges. Had there been any expreſs
clauſe in thoſe ſtatutes which I have before cited, that no charge fhould
be impofed without common confent, no not for neceffary defence of
the kingdom, I certainly believe, that neither king Ed. I. nor king
Ed. III. nor our fovereign, would ever have yielded to fo difhonourable
and unjuſt an expreffion. Neceffity and the falus reipublice are, by a
reaſonable intendment, clear out of the ftatute de Tallagio non Concedendo,
and the Petition of Right, as if the fame had been preciſely excepted;
a literal expoſition will make laws for the good of the common-wealth
prove the bane and ruin of it. It hath been faid, that in the prefent
cafe, the King hath not proceeded per jufticiarios, but per fe, or in camera.
I anfwer, that in our cafe, there is not any thing done in camera;
ſhipping-writ iffueth out of the court of Chancery: Befides, we are not
now in the caſe of affeffing a fine; if we go to diſtinction, there is potentia
abfoluta, and poteftas ordinaria: I hope none will deny but that the King
hath poteftatem abfolutam in many cafes. A man may be committed per
Speciale præceptum domini Regis, and is not in that cafe bailable. The King
is capitalis jufticiarius Anglie; I put you the cafe of Hill, 2 Ed. III. p. 6.
One having money of the King's wherewith to pay foldiers, mifufed
ît, and committed many outrages in Lancafhire; a writ iffued to the
>
the
fheriff
APPENDIX.
xix
f
fheriff of Lancaſter to attach him. Being by virtue thereof attached,
and brought to the King's-Bench, he was there diſcharged; the reaſon
given by Scroop the chief-juftice was, becauſe the attachment, being
grounded upon a fuggeftion, was againſt the law; no fuch writ ought-
to have iffued, unless there had been fome indictment, prefentment, or
information depending. But I doubt not, if the King had by his abfo-
Jute power made a ſpecial precept in his chamber for commitment of this
man, he could not have been diſcharged. It has been objected, that ſhip-
money is to become an annual charge upon the people; there is caufe of
thinking fo, becauſe, fince 11 Car. we have had every year new fhipping-
writs. If the neceffity continues, the charge muft continue: The fame
reaſon ſerves for the continuance, as was for the beginning of it. Yet
I deny that of itſelf it may be annual; this muſt be left to his majeſty's
juſtice, which God forbid that any ſhould think he will abufe.. Cafes of
neceffity, cafes. of bonum publicum, and cafes of falus reipublicæ, are not
comprized within ordinary rules.
Mr. Juſtice Vernon. The King, for the fafety and defence of the
kingdom, may charge his fubjects, notwithstanding any act of parlia-
ment; moreover, a ftatute derogatory from the prerogative doth not
bind the King; the King may difpenfe with any law in cafes of ne-
ceffity.
Mr. Baron Trevor ran up the antiquity of the monarchy five hundred
years before the birth of Chriſt, and confirmed it by a letter from the
Pope to king Lucius; and added, Our King hath as much power and
prerogative belonging to him, as any prince in Chriſtendom hath. 'Tis
proper for Kings to command, and fubjects to obey. We that are the
judges of the kingdom have paid this tax, therefore it is fit our opinions
concur with our actions in this caſe.
Sir George Crook, juftice of the King's-Bench, argued next. He dif-
fented from the reſt of his brethren, and ſaid, he held the writ not good
at common law; admit it was good at common law, yet it was againſt
divers ftatutes; that no pretence of danger could warrant. it. That
there was no prerogative in the crown or power royal for it. That it
was the firſt writ deviſed of the kind, and the firft put. in practice either
in inland counties or maritime parts; and that there was not any
one precedent, nor any one record judicial, or judgment in point of
law for it; that the commands of it were againſt the command and fta-
tute-law; that the affeffments of the writ were not warrantable by the:
law: If no good writ, the fcire facias would not lie, and the certiorari
did not well iffue as the cafe was. That the King could not impofe any
kind of tax upon his fubjects. Theſe Mr. Juftice Crook proved by
rules of law, refolutions of parliament, ftatutes,, and the cuſtom of the
kingdom fince the confirmation of thofe ftatutes.. By the old law of
Alfred, he faid, parliaments were to be held once a-year, and by ex--
preſs ſtatute made 4 Ed. III. 14. a parliament was to be held every year,.
if need require it; and by another ftatute for avoiding of grievances,,
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XX
APPENDIX.
f
a parliament was to be held every year. The imagination of man can-
not invent a danger, but courfe may be taken for defence, till a parlia
ment be had. So for my part, added Sir George Crook, I hold this
point of neceffity cannot be held a fufficient ground for this writ: The
King can do no wrong, 2 Ed. III. A patent is made, which is a wrong
to the fubject, the King de jure regis ought to revoke that patent; a
King to have a royal power or prerogative to do that by his writs that
is againſt the exprefs laws of his kingdom, is not admitted by the law;
the royal power is to be taken away, for as it is before faid by Fortef-
cue, he can change no law, nor charge his people but by common con-
fent in parliament. Precedents make no right; but if that is admitted,
there is not one precedent of writs going all over England before now.
Claufes have been in former writs, in cafes of array, to diftrain if they
refuſe to pay; but never in cafe of levying money to imprifon. It is
clearly againſt Magna-Charta to be impriſoned, unless indicted by due
procefs of law. It is not according to law, to command a fhip of war, of
450 tons, and then to turn it into money. For if a ſhip were made by
county, the county fhould have it again; but in this cafe, the fcire facias
is brought to have the money: For the certiorari, it is directed to the
fheriff out of office, and ought not fo to be; all writs are directed to
the preſent ſheriff; admit the fcire facias ſhould go forth, it would do
fomething, onerari, &c. To whom or how? nothing here; but fcire
facias quare onerari non debet; but to whom onerari it doth not appear.
If the fheriff levy the money, and do not beſtow it on a fhip, he is ac-
countable. It doth not appear that this fhip was built, there is no pre-
paration for a fhip, the fum affeffed is not legal, the writ is not legal,
becauſe it varieth from all former precedents. It varieth in the time,.
in the manner, for foldiers wages to inland counties, which was never
before.
A more laboured argument of this judge's on this cafe was afterwards
preſented to the King: He confutes all the fallacies and falfe affertions
of the crown lawyers. It hath been objected, faid he, that by the de-
murrer, the danger of the kingdom is confeffed, and fo it is to be al-
lowed for a caſe of neceffity. To this I anfwer, that the demurrer con-
feffeth not matters, but where the matter is legally fet down; but if it
be not a legal proceeding, then the demurrer is no confeffing the mat-
ter of fact. Where, by breach of fea-walls, any inundation is in the
country, the King ſendeth out commiffions to cauſe all that have lands
or commons, to be contributory to the making up of the fea-walls;
this is done by enquiry of a jury; and this charge cannot be laid on a
county or town in general, but upon particular men that have lofs or be-
nefit, or may have loſs or benefit thereby, ſo it is at this day upon com-
misions of fewers, as appeareth by Coke. It hath been faid, that ton-
nage and poundage is not now granted to the King, and therefore the
King is enforced to thefe extraordinary courſes, tho' it be not granted,
yet I think it is taken, and I doubt not but to the fame intent for which
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APPENDIX.
XXI
it was firft granted, the defence of the kingdom, and guard of the feas.
It is objected that perhaps the parliament would not have confented, and
fo the kingdom might have been loft. It is not to be prefumed, that
the parliament would deny to do that which is fit for the ſafety and de-
fence of the kingdom; their own eftates and lives being in danger: But
I confefs, I think if it had been moved in parliament, they would never
have conſented to theſe writs, fuch never having been awarded before
fince the Conqueft; and if they had confented, they would have taken
a courfe How the famé fhould have been made with the moft conveniency,
and not to have left it to the ſheriff to tax them how he would. To
the objection that a ſtatute to inhibit fuch a defence were void, I answer,
that if a ftatute were that the King ſhould not defend the kingdom,
it were void: But a ftatute that men fhould not be charged without
common confent of parliament, is a good law, and agreeable to rea-
fon. I conceive, if the common law were doubtful whether fuch a
charge might be impofed by writ, yet now it is made clear by divers
exprefs ftatutes. Mr. Solicitor laboured much to prove, that there was
no fuch ſtatute de Tallagio non Concedendo. To this I anfwer, It was
never doubted to be a ftatute until this argument; and that it is a ſta-
tute appeareth, firft, for that it is printed in the book of ſtatutes for à
ftatute: Secondly, it is recited in the Petition of Right to be a ſtatute.
To that it is not found in the rolls, I anſwer, that many ſtatutes that
åre known ſtatutes are not found in the rolls, as Magna Charta is not,
And that it is a ſtatute all my brothers have agreed; the only doubt
then is, Whether this ftatute extendeth to aid for defence of the king-
dom? I think it doth; for it is the precife words of it, That no tàillage
or aid fhall be impofed but by grants in parliament. By this law, faith
Bodinus, the ſubjects of England have defended themſelves ever fince,
as with a buckler: whereby it appeareth, that this was held to be a fta-
tute in force in foreign parts. Sir George Crook anfwered every frivo--
lous objection that had been made to the other ftatutes, and to their ef
ficacy, and concluded with the Petition of Right, which he afferted
was done by the advice of the judges, and was full in this point, "That
the ſubject ſhould not be charged without their confent." He concluded
with obferving, that the queftion was not what had been done de fatto,
but what might be done de jure. Multitudes of precedents, unleſs con-
firmed by judicial proceedings in courts of record, were not to be re-
garded, and none of theſe were ever confirmed by judicial record, but
complained of. To give a more clear anfwer to them, he had read all'
the records which had been ſent him on the King's part, and having
taken notes of every one of them, and diligently confidered them, he con-
ceived there was not any precedent or record of any fuch writ fent to
any fheriff of any inland county, to command the making of fhips at
the charge of the county. That this is the firft precedent fince the Con-
queft, produced of this kind.
Mr.
xxii
APPENDIX.
}
Mr. Juftice Jones argued in the following ftyle: When danger is im-
minent, the charge muſt be borne by all; it muſt not be every kind of
fear or rumour, that muft draw a burthen on the fubject; but fuch a
danger as the King, in his underſtanding, perceiveth. doth require a
fpeedy defence; this power of the King of which I argue, is a special
prerogative in point of government.
Mr. Juſtice Hutton argued, that the power of affeffing money could
not by law be impofed upon the people, without mutual confent in par-
liament: He anſwered the reaſons, precedents, and objections, of thoſe
that argued on the other fide; obferved that parliaments ought to be
frequent; and concluded with animadverting on the illegal powers which
the writ had given to the fheriff.
Sir John Denham being confined with illnefs, fent a certificate that he
gave his opinion for Mr. Hampden.
Lord-chief-baron Davenport argued, that aids granted by parliament
were not merely voluntary, but duties: The imperial power of com--
manding aids, in cafe of neceffity, belonged to the crown. The King in
expectancy of danger may charge his fubjects. If an act of parliament
fhould reſtrain fuch a charge, in cafe of neceffity, it would be felo de fe,
and fo void; for it would deftroy the jus regale. He diffented from the
majority of his brethren in the point of giving the power of taxation to
the fheriff, and proved that the ancient and ufual manner of taxes and
affeffes, by the cuftom of England, was not at the voluntary pleaſure
of the great officer of the county; but a jury was chofen to affefs the
county, and power was given to two others out of every town to affefs
the affeffor: He objected next to the manner of proceeding againſt Mr..
Hampden; that the certiorari fhould not have iffued fo long after the.
firft writ; it fhould have been returned whilft it was in force, and re-
ferred by another court, and the party prefented by a jury upon default,
and the King have remedy upon preſentation and indictment; that.
judgment could not be given for the King upon the fire facias; for in
the writ it was exprefly provided; that the money fhould be employed to.
no other uſe but the preparation of the fhip therein mentioned. It did
not now appear who were collectors therein appointed to receive the
money,, whereby it. became chargeable to the King; it did not appear
apon the record, that any fhip was provided, or that any fault was in
them that were employed, or of furplufage in the collectors hands; it
-was not fo legally executed, as the King might have a writ of fcire fa-
cias. The fcire facias was, that Mr. Hampden fhould fhew caufe, why
he ſhould not fatisfy, the fum impofed upon him; but whom he ſhould
fatisfy, or to whom the money fhould be paid, non conftat, as was well
opened upon the demurrer: For it is not, fi dominus Rex valet aut:
debeat anerare the defendant, but that the defendant oneretur, et inde fa-
tisfac: Nothing is put into the record to bring money to the King;
therefore quod oneretur could not be executed at all. Laftly, that the
mittimus
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APPENDIX.
mittimus was only the tenor of the record, and not the record itſelf; in
fuch a cafe a fcire facias could not iffue, for it was but the extract of the
record: The mandates in the writ 4 Aug. were not good in law, nor
well grounded upon the certificate; the information afterwards in the
mittimus could not make a formal writ good, which was firſt defective,
and the return of the fheriffs was not effectual: For theſe reaſons judg-
ment was to be given for Mr. Hampden.
cr
Sir John Finch began with large profeffions of a perfect integrity,
which he introduced with the following cant: "I hope none of us for-
get the duty we owe to God and the King and Common-wealth, and to
ourſelves: I fhall endeavour to fatisfy my confcience in all that I ſhall
fay, and they forget their duty to the firft, and humanity towards us,
that fay or think the contrary of any one of us. It cannot be pre--
fumed but that we fhould fpeak our confciences, fince we well know
fhortly, as the Pfalmift fays, " Corruption fhall fay, I am thy father, and
the worm, I am thy mother." On entering into the cauſe, he blamed
Mr. Hampden for bringing the cafe to judgment, and complained that
arcana imperii, nay imperium ipfum, had been too licentiouſly treated at
the bar; he argued, that the King had a property in every fubject's
goods, for the common good in times of neceffity; none could fhare with
the King in his abfolute power; the King was not bound to call parlia-
ments, nor to continue them, but at his pleaſure; the parliament was
an honourable court, he confeffed it; an excellent means of charging the
ſubjects, and defending the kingdom, he owned it; but it was not the
only means: The best way to redeem thoſe loft privileges was to give
all opportune appearance of obedience and dutifulneſs to his majeſty's
commands. There was a King before a Parliament; for how elfe could
there be an affembly of King, Lords, and Commons? And then what
fovereignty was there in the kingdom but his ? The law that gave the
King the fovereignty of defending, gave him alſo power to charge his
fubjects for the neceffary defence of the kingdom; private property
muſt give way to the public; this King will charge his fubjects, but
only upon urgent neceffity; an act of parliament cannot bar a king of
his regality, nor bind him not to command his fubjects goods or money.
Sir John Finch farther afferted, that Dane-Gelt, or fomething in lieu of
it, remained ſtill, for it was not taken away by any act of parliament;
and that the precedents which had been cited on the King's fide, proved
that the power was in him to charge his fubjects; and that the prece-
dents of 2 Ric. II. was no good precedent, feeing the King was young,
and the parliament had the regency. That what the King had taken
he had ſpent upon the public occafions, he had it from his own royal
mouth; but let kings be as David was, men after God's own heart, they
would not want a Shimei to rail at them. But no abuſe of any thing
muſt take away the true and lawful ufe thereof; but it could not be
fufpected there would be an abufe; Ubi confidit Deus & lex, & nos etiam
confidimus.
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xxiv.
APRENDI X.
confidimus. It had been objected, that the writ was illegal, becauſe con-
trary to Magna-Charta, Nullus liber, bome impriſonetur. There was no
impriſonment in queſtion, but the affeffment only, why he fhould not
pay the money affeffed, or fhew caufe to the contrary. Sir John Finch
farther afferted, that the manner of affeffment by the fheriff was legal
and proper; and that the writ of feire facias, was good, and all the pro-
ceedings in the cafe were well grounded, and according to law.
Sir John Brampfton, lord-chief-juftice of the King's-Bench, argued
with the majority of his brethren. There is a neceffity to prevent a ne-
ceffity; the aid commanded in this caſe is not againſt the great laws con-
cerning the fubjects liberty, becauſe it is no taillage but a fervice. He
inclined to the opinion of the lord-chief-baron in his exception to the rẹ-
cord quod oneretur, and not know to whom it ſhould be. His opinion in.
all other points agreed with the general vote of the court. State Trials,
vol. I. p. 493, &. feq.
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END of the SECOND VOLUME.
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