1 4 4 9 Ex Libris C. K. OGDEN Jm —-J CO D < O cr C'J C) o ( ft n w CO CD uJ CQ UJ I Z CO / i,ONUON JAMES S .TIRTUl! , / 18002- Si A THE HISTORY OF ENGLAND. CHAPTER L Th- Britnnc The liomans The Sainiis The Hcptarchv ^The Kinsdom of Kent "f Northunil«-rl«nd of Easl-Aliglia 01 Mtitil of Essex — of Sussex of Wesscx. THE BRITONS. ''F'lIE ciir!i)sity eiitcitained by all civilized nations, J- of iiiquiiing into the exploits and advent -os of llieir ancestors, commonly excites a icjjret, that the history of remote ages should always bo so much involved in obscurity, uncertainty, and contradiction. Ingenious men, possessed of leisure, are apt to push their researches beyond the period in which literary monuments are framed or preserved ; — without reflecting, that the history of past events is imme- diately lost, or disfigured, when entrusted to memory and oral tradition ; and that the adventures of barba- rous nations, even if they were recorded, coi\ld afford little or no entertainment to men born in a More cultivated age. The convulsions of a civilized state usually coujposc the most instructive and most inte- resting part of its history : but the sudden, violent, and uupreiiarcd revolutions incident to barbarians, are so much guided by caprice, and terminate so often in cruelty, that they disgust us by the uniformity of their appearance; and it is rather fortunate for letters that ihey are bui-ied in silence and oblivion. The only certain means by which nations can indulge their curiosity in rescarclies concerning their remote origin, is to consider the language, manners, and customs of their ancestors, and to comjiare them with those of the neigliboiiring nations. The fables which are com- monly employed to supply the place of true history ought entirely to be disregarded; or if any exception be admitted to this general rule, it can only be in favour of the ancient Grecian fictions, which are so celebrated, and so agreealde, that they will ever be the objects of the attention of mankind. Neglecting, therefore, all traditions, or rather tales, concerning the more early history of Britain, we shall only con- sider the state of the inliabitants as it appeared to the Romans ou their invasion of this country: Ave shall briefly run over the events which attended the con- quest made by that empire, as belonging more to Roman than liritisli story : we shall hasten tlirougli the obscure and uninteresting period of Saxon annals; and shall reserve a more full narration for those times when the truth is both so well ascertained and so complete as to promise entertainment and instruction to the reader. All ancient writers agree iu representing the first inhabitants of Britain as a tribe of the (jauls or Cclta?, who peopled that island from the neighbouring conti- nent. Their leuguage was the same, — their manners, their government, their superstition; — varied only by those small difterences which time, or a communica- tion with the bordering nations, must necessarily introduce. The inhabitants of Gaul, especially in j those parts which lie contiguous to Italy, had acquired, I from a commerce wi!h their southern neighhours, some refinement in the arts, which gradually dilVused themselves noilhwards, and spread lut r. very faint Vol. I. lin^ht over this island. The Greek and Roman nf;%i- gators or merchants, (for tliere were scarcely any other travellers in those ages,) brought back the most shocking accounts of the ferocity of the ])eoplflr, which thev ma'.,niified, as usual, in order to excite the admi- ration of their countrymen. The south-east jiarts, liowever, of Britain, had already, before the age of C.'psar, made the first and most requisite step towards a civil settlement; and the Britons, by tillage and agriculture, had there increased to a great multitude. The other inhabitants of the island still maintained themselves by pasture : they were clotlied with skins of beasts: they dwelt in huts, which they reared in the forests and marshes, with which the counti-y was covered: they shifted easily their habitation, when actuated citlier by the hopes of plr.nder, or the fear of an enemy : the convenience of feeding their cattle was even a sufficient motive for removing their seats; and, as they were ignorant of all the refinements of life, their wants and their possessions were equally scanty and limited, Tlie Britons were divided into many small nations or tribes; and, being a military people, whose sole property was their arms and their cattle, it was im- possible, after they had acquired a relish of liberty, for their princes or chieftains to establish any despotic authority over them. Their governments, though mo- narcliical, were free, as well as those of all the Celtic nations; and the common people seem even to have enjoyed more liberty among Uiem, than among tho nations of Gaul, from whom they were descended. Each state was divided into factions within itself: it was agitated with jealousy or animosity against the neighbouring states: and while the arts of peace wen- yet unknown, wars were tlie chief occupation, and formed the chief object of ambition among the people. The religion of the Britons was one of the most considerable parts of their government; and the Druids, who were their priests, possessed great au- thority among them. Besides ministering at the ,aUai-, and directing all religious duties, they presided over the education of youth: they enjoyed an immuuUy from wars and taxes: they possessed both the civil and criminal jurisdiction : they decided all controver- sies among states, as well as amcng private persons : and whoever refused to submit to their decree, was exposed to the most severe penalties ; the sentence of excommunication was pronounced against him; he was forbidden access to the sacrifices or public a\ or- ship; he was debarred all intercourse with his fellow- citizens, even in the common afl'airs of life; his company was universally shunned, as profane and dangerous; he was refused tho jirotection of law; and death itself became an acceptable relief fi om the misery and infamy to which he was exposed. Thus, the bands of government, which wci'e naturally loose among that rude end turbulent peojile, were happily conuliorated by the terrors of their snpeutition. No species of sui>erstition was ever moro tcrriUo th.in that of the Druids. Besides the severe penalties which it was in the power of tlic eccloiastics to inflict in this world, they inculcated the eternal transmigra- tion of souls, and thereby exlcnded their authority as far as the fears of their timorous votaries. They practised their rites in dark groves, or other secret recesses ; 18 THE HISTORY OF ENGLAND. [Chap. i. and, in orilrr to tlivow a. greater iiivstcry over their relii.'ii)n, tlioy conmiunicated tiieir uoclrirjos or.ly to the initiated, and strictly foiliade the committing of them to writing, lost tliey slioiild at any time lie exposed to the examination of tlie profane vulgar. Human sacrifices were practised among tliem : tlis spoils of -war wore often devoted to tlieir divinities; and they punished with the severest tortures who- ever dared to secrete any part of the consecrated offering : these treasuies they kept in woods and forests, secured by no other guard than the terrors of their religion ; "and this steady conquest over hu- man avidity may bo regarded as more siiinal than their prompting men to the most extraordinary and most violent efforts. No idolatrous worship ever at- tained such an ascendant over mankind as that of the am-icnt Gauls and Eritons : and the Romans, after their conquest, finding it impossible to reconcile those nations to the laws and institutions of their masters, while it maintained its authority, were at last obliged to abolish it by penal statutes ; a violence which had never, in any other instance, been practised by those tolerating conquerors. THE BOJIAKS. The Tiritons had long remained in this rude but in- dependejit state, when Caesar, having overrun all Gaul by his victories, first cast his eye on their island. He was not allured either by its riches or its renown ; but being ambitious of carrying the Roman arms into a new world, then mostly unknown, he took advantage of a short interval in his Gallic wars, and made an invasion on Britain. The natives, informed of his intention, were sensible of the unequal contest, and endeavoared to appease him by submissions; which, however, retarded not the execution of his design. After some resistance, he landed, as is supposed, at Deal [A.C. 55.] ; and having obtained several advan- tages over the Britons, and obliged them to promise hostages for their future obedience, he was constrained, by the necessity of his affairs, and the approach of winter, to withdraw his forces into Gaul. The Britons, relieved from the terror of his arms, neglected the performance of their stipulations : and that haughty conqueror resolved next summer to chastise them for this breach of treaty. He landed with a greater force; and though he found a more regular resistance from the Britons, who had united under Cassivelaunus, one of their petty princes, he discomfited them in every action. He advanced into the country ; passed the Thames in the face of the enemy; took and burned the capital of Cassivelaunus; established his ally, Man- dubratius, in tlie sovereignty of tlie Trinobantes; .and having obliged the inhabitants to make him now sub- missions, he again returned with his army into Gaul, and left the authority of tlie Romans more nominal than re.al in this island. The civil wars which ensued, and which prepared the way for the cstablislimeut of monarchy in Rome, saved the Britons from that yoke which was ready to be imposed upon them. Augustus, the successor of C.TCsar, content with the victory obtained over the liberties of his own country, w.as little ambitious of acquiring fame by foreign wars; and being apprehen- sive lest the same unlimited e.xtcnt of doniiniou which had subverted the republic, might also overwhelm the empire, he recommended it to his successors never to enlarge the territories of the Romans. Tiberius, jealous of the fame which might be acquired by his generals, made this advice of A^ugustus a pretence for his inactivity. The mad sallies of Caligula, in which lie menaced Britain with an invasion, served only to expose himself and the empire to ridicule: and th.e B.riton9 had now, during almost a century, enjoyed their liberty vinmolosted; when the Romans, in the reign of Claudius, began to tliink seriously of reducing them under their doniiniou. Without seeldcj; for more justitiable reasons of hostility than were em- ployed by tlie late Europeans in subjecting the Afri- cans and Americans, tliev sent over an ami}' [A. I). 43] under the command of Plantius, an able general, who gained somevictories, and made a considerable progru-sg in subduing the inhabitants. Claudius himself, finding matters sufficiently prepared for his reception, made a journey into Britain, and received the submission of several British, states, the Cantii, Atrcbates, Rogni, and Trinobantes, who inhabited the south-east parts of the isl^id, and whom their possessions and more culti- vated manner of life rendered willing to purchase peace at the expense of their liberty. The other Britons, under the command of Caractacus, still main- tained an obstinate resistance; and the Romans made little progress against them, till Ostorius Scapula was sent over to command their armies. This general [A.D. 50] advanced the Roman conquests over the Britons; pierced into the country of the Silures, a warlike nation, who inhabited the banks of the Se- vern ; defeated Caractacus in a great battle ; took him prisoner, and sent him to Rome, where his mag- naniinous behaviour procured him better treatment than those conquerors usually bestowed on capti\e princes. Notwithstanding these misfortunes, the Britons n-ero not subdued ; and this island was regarded by the am- bitious Romans as a field in which milit.iry honour nn'ght still be acquired. Under the reign of Nero, [.4.D. 60,] Suetonius Paulinus was invested with tlie command, aud prepared to signalize his name by A'ic- torics over those barbarians. Finding that the island of Mona, now Anglesey, was the chief seat of the Druids, he resolved to attack it, and to subject a place which was the centre of their superstition, and which afforded protection to all their baffled forces. The Britons endeavoured to obstruct his landing on this sacred island, both by the force of their arms, aud the terrors of their religion. The women and priests were intermingled with the soldiers upon the shore; and, running about with flaming torches in their hands, and tosfiing their dishevelled hair, tliey struck gieatcr terror into the astonished Romans by their bowlings, cries, and execrations, than the real danger from the armed forces was able to inspire. But Suetonius, ex- horting his troops to despise the menaces of a su])er- stition which .they despised, impelled them to the attack, drove the Britons oft" the field, burned the Druids in the same fires which those priests )iad prepared for their captive enemies, destroyed all the consecrated groves and altars; and, having thus triumphed over the religion of the Britons, he thought his future progress would be easy, in reducing the people to subjection. But he was disappointed in his expectations. The Britons, taking advantage of his absence, were all in arms; and, headed by Boadicoa, queen of the Iceni, who h;id been treated in the most ignominious manner by the Roman tril)unes, had already attacked with success several settlements oi their insulting conquerors. Suetonius hastened to the pi-otection of London, which was already a flourisliiug Roman colony; but he fouiul, on his arrival, tluit it would be requisite for the general safety to abandon that place to the merciless fury of the enemy. London was reduced to ashes : such of the inhabitants as remained in it were cruelly massaciod ; the Romans, and all strangers, to the number of 7t'.l)00, were every- where put to the sword without distinction; and the Britons, by rendering the war thus bloody, seemed determined to cut off all hopes of peace or composition with the enemy. But this crujl'yAvas revenged by Suetonius, in a great and decisive battle, where CO.OOO of the Britons are said to have perished ; and Boadicea herself, ratlicr than fall into the hands of the enraged victor, put an end to her own life by poison, Nero soon after recalled Suetonius from a government, where, by suffering and infiictiug so many severities, he v.r.'^ judged improper for composing the angrj' and alarmed W' > ^ Chap. T.] THE ROMANS. 19 minds of the inTinljitanls After toma interval, Ccrealis recoived the command from Vespasian, and by liis Dravcrv i)rotiagated tlie terror of tlie Roman anus. Julius Froutiuus succeeded Cerealis, botli in authority and in reputation : but the general wlio finally estab- lished the dominion of the Eoraans in this island, -nas Julius Agi-icola, who governed it in the reigns of Ves- pasian, Titus, and Domitian, and distinguished himself in that scene of action. This great commander formed a. regular plan for subduing Britain, and rendering the acquisition useful to the conquerors. lie carried his victorious arms northwards, defeated the Britons in every encounter, pierced into the inaccessible forests and mountains of Caledonia, reduced every state to subjection in the southern parts of the island, and chased before him all the men of fiercer and more intractable spirits, who deemed war and death itself less intolerable than scr- \'itude under the victors. He even defeated them in a decisive action, which they fought under Galgacus, their leader ; and having fixed a chain of garrisons be- tween the friths of Clyde and Forth, he thereby cut off the ruder and more barren parts of the island, and secured the Roman pro\'ince from the incursions of the barbarous inhabitaris. During these military enterprises, he neglected not the arts of peace. He introduced laws and civility among the Britons, taught them to desire and i^aise all the conveniencies of life, reconciled them to the Roman language and manners, instructed them in letters and science, and employed every expedient to render those chains which he had forged both easy and agi-eeable to them. The inhabitants, having experienced how un- equal their own force was to resist that of the Romans, acquiesced in the dominion of their masters, and were gradually incorporated as a part of that mighty empire. | This was the last durable conquest made by the Ro- mans ; and Britain, once subdued, gave no further in- quietude to the victor. Caledonia alone, defended by its barren mountains, and by the contempt which thcRo- mans entertained for it, sometimes infested the more cultivated parts of the island by the incursions of its inhabitants. The better to secure the fi-onticrs of the empire, Adrian, who visited this island, built a rampart between the river T^ne and the frith of Solway : Lol- lius Urbicus, under Antoninus Pius, erected one in the place wliere Agricola had formerly estabhshed hisgani- sons : Severus, who made an expedition into Britain, and carried his arms to the most noi-thern extremity of it, added new fortifications to the waU of Adrian ; and during the reigns of aU tb.e Roman emperors, such a profound tranquillity prevailed in Britain, th.-.t little mention is made of the aftaiis of that island by any historian. The only incidents which occur are some Beditious or rebellions of the Roman legions quartered there, and some usurpations of the imperial dignity by the Roman governors. Tlie natives,ui5inned, dispirited, and submissive, had lost all desire, and even idea, of their former liberty and independence. But the period was now come, when that enormous fabric of the Roman empire, which bad dift'used slavery and oppression, together with peace and civility, over so considerable a part of the globe, was approaching towards its final dissolution. Italy, and the ccutro of the empire, removed, during so many ages, from all concern in the wars, had entirely lost the military spirit, and were peopled by an enervated race, equally disposed to submit to a foreign yoke, or to the tyranny of their own rulers. The emperors found themselves obliged to recruit their legions fi-om the frontier pro- vinces, where the genius of war, though languishing, was not totally extinct ; and these mercenary forces, careless of laws and civil institutions, established a miUtary govemmont, no less dangerous to the sovereign than to the people. The further progi-ess of the samy disorders introduced the bordering barbarians into the service of the Romans ; and those fierce nations, hav- iiig now ndded discipline to their native bravery,could no longer be restrained by the impotent policy of the emperors, who were accustomed to employ one in the de- struction of the others. Sensible of their own force, and allured by the prospect of so rich a prize, the northern barbarians, in the reign of Arcadius and Ilonorius, assailed at once all the frontiers of the Roman empire ; and, ha\-ing first satiated their avidity by plunder, began to think of fixing a settlement in tlie wasted provinces. The more distant barbarians, who occupied the deserted habitations of the former, advanced in their acquisitions, and pressed with their incumbent weight the Roman state, already unequal to the load which it sustained. Instead of ai-ming the people in their own defence, the emperors recalled all the distant legions, in whom alone they could repose confidence ; and collected the whole military force, for the defence of the capital and centre of the empire. The necessity of self-preservation had superseded the ambition of power ; and the ancient point of honour, never to con- tract the limits of the empire, could no longer be attended to in tliis desperate extremity. Britain, by its situation, was removed from the fury of these barbarous incursions ; and, being also a re- mote province, not much valued by the Romans, the legions which defended it were carried over to the protection of Italy and Gaul. But that pro\'ince, though secured by the sea against the inroads of the greater tribes of barbarians, found enemies on its frontiers, who took advantage of its present defence- less situation. The Pic's and Scots, who dwelt in the northern parts, beyond the wall of Antoninus, made incursions upon their peaceable and effeminate neigh- bours ; and, besides the temporai-y depredations wliich they committed, these combined nations threatened the whole province with subjection, or, what the in- habitants more dreaded, vrith plunder and devastation. The Picts seem to have been a tribe of the native British race, who, ha^-ing been chased into the northern parts by the conquests of Agi-icola, bad tiiere inter- mingled with the ancient inhabitants : the Scots were derived from the same Celtic origin, had first been established in Ireland, had migrated to the north-west coasts of this island, and had long been accustomed, as well from their old as their new scats, to infest the Roman pioWnce by piracy and rapine. [See note A, ni the end of this volume.] These tribes, finding their more opulent neighboms exposed to invasion, soon broke over the Roman v.-all, no longer defejided by the Roman anus ; and, though a contemptible enemy in themselves, met with no resistance from the uiiwarlike inhabitants. The Britons, accustomed to have recourse to the emperors for defence as well as government, made supplications to Rome ; and one legion was sent over for their protection. This force was an overmatch for the barbarians, repelled their invasion, routed them in every engagement, and, having clused them into thei:- ancient limits, returned in triumph to the defence of the southern provinces of the empire. Their retreat brought on a new invasion of the enemy. The Britons made again an ajjplication to Rome, and again obtained the .assistance of a legion, which proved effectual for their reUef. But the Romans, reduced to extremities at home, and fatigued with those distant expeditions, informed the Britons that they must no longer look to them for succour; exhorted tlicm to arm in their own defence ; and urged, that as they were now their own masters, it became them to protect by their valour that independence which their ancient lords had con- ferred upon them. That they might leave the island with the better grace, the Romans assisted tlum in erecting anew the wall of Severus, which wr.s built entirely of stone, and wliich the Britons had not at that time artificers skilful enough to repair. And. having done this last good office to the inhabitants, they bid a final adieu to Brit.iin about the year US, after being masters of the more considerable pnrC of it during the course of near four centuries. 20 THE HISTORY OF ENGLAND. fCHAP. 1, THE BRITONS. Tlie abject Britons icgavaed this present of liberty as fotal to them ; and were in no condition to put in practice the ]irudent counsel given them by the Ro- mans, to arm in their own defence. Unaccustomed both to tlie perils of war and to the cares of civil govci-nnient, they found tliemselves incapable of form- ing or executing any measures for resisting the incur- sions of the barbarians. Gratian, also, and Constantino, two Romans who had a little before assumed tlie purple in Britain, had carried over to the continent the flower of tlie Eritish youth ; and, having perished in their unsuccessful attempts on the imperial throne, had despoiled the island of those who, in this desperate extremity, were best able to defend it. The Picts and Scots, finding that the Romans had finally rehnquislicd Britain, now regarded the whole as their prey, and attaelced the northern wall with redoubled forces. The Britons, already suljdued by their own fears, found the ramparts but a wealc defence for them ; and, deserting tlicir station, left the country entirely open to the inroads of tlie barbarous enemy. The invaders carried devastatiuii and ruin along with them ; and exerted to tlie utmost their native ferocity, which was not mitigated by tlie helpless condition and submissive behaviour of tlie inhabitants. The unluipi>y Britons liad a tliird time recourse to Rome, which had declared its resolution for ever to abandon them. »^tius, the patrician, sustained, at that time, by his valour and magnanimity, the tottering ruins of the empire, and revived for a moment, among the degenerate Romans, the siiirit, as well as discipline, of their ancestors. The Britisli ambassadors carried to him the letter of their countrymen, which was inscribed, " The Groans of the Britons." The tenor of the epistle was suitable to its superscription : " The barbarians," say they, " on the one hand, chase us into the sea ; the sea, on the other, throws us back upon the barbarians ; and we have only the hard choice left us, of pcrisliing by the sword or by the waves." But iEtius, pressed by the arms of Attila, the most terrible enemy that ever assailed the empire, had no leisure to attend to tlie complaints of allies, wiioni generosity alone could induce him to assist. The Britons, thus rejected, were reduced to despair, deserted their haliitations, abandoned tillage ; and, flying for protection to the forests and mountains, sntfered equally from hunger and from the enemy. Tlie barbarians tliemselves began to feel the pressures of famine in a country wliich they had ravaged ; and being harassed by the dispersed Britons, who had not dared to resist them in a body, they retreated with their spoils into their own country. Tlie Britons, talving advantage of this interval, re- turned to their usual occupations ; and tlie favourable seasons which succeeded, seconded their industry, made them soon forget their past miseries, and re- stored to them great plenty of all the necessaries of life. No more can be imagined to have been possessed by a people so rude, who had not, without the assist- ance of the Romans, art of masonry sufficient to raise a stone rampart for tlicir own defence : yet the monkish historians, who treat of those events, com- plain of the luxury of the Britons during this period ; and ascribe to that vice, not to their cowardice or imjirovident counsels, all their subsetpient calamities. The Biitons, cntirelj- occupied in the enjoyment of the jiresent interval of peace, made no provision for j-esisting the enemy, who, invited by their former timid behaviour, soon threatened them with a new in- vasion. We are not exactly informed what species of civil government the Romans, on their departure, had left among the Britons : but it appears probable that Uie great men in tlie different districts assumed a kind of regal, tlioii;ili precarious authority; and lived, in a great measure, independent of each other. To this disunion of c(iun.^(;ls were al^^o added the disputes of theology; and the diseiplcs of Pclagins, who was him- self a native of Britain, having increased to a great multitude, gave alarm to the clergy, who sccni to have been more intent on sujiprcssing them, than on oppos- ing the pubUc enemy. Labouring under these domestic evils, and menaced with a foreign invasion, the Britons attended only to the suggestions of their i)resent fears ; and, following the couusels of Vortigern, prince of Duinnoniuin, who though stained with every vice, pos- sessed the chief authority among them, they sent into Germany a deputation to invite over the Saxons for their protection and assistance. THE SAXONS. Of all the barbarous nations known either in ancient or modern times, the Germans seem to have been the most distinguished, both by their manners and political institutions ; and to have carried to the highest pitch the virtues of valour and love of liberty ; the only virtues which can liave place among an uncivihzed people, wliere justice and humanity are commonly neglected. Kingly government, even when estab- hslied among the Germans, (for it was not universal,) possessed a very limited authority ; and though the sovereign was usually chosen from among the royal family, he was directed in every measure by the com- mon consent of the nation over whom he presided. When any important affairs were transacted, all the warriors met in arms ; the men of greatest authority employed persuasion to engage their consent ; the IK'ople expressed their approljation by rattling their armour, or their dissent by murmurs : there was no necessity for a nice scrutiny of votes among a multi- tude, who were usually carried with a strong current to one side or the other ; and the measure, thus sud- denly chosen by general agreement, was executed with alacrity, and prosecuted witli vigour. Even in war, the princes governed more by example than by au- thority : but in peace, the civil union was in a great measure dissolved, and the inferior leaders adminis- tered justice after an independent manner, each in his particular district. These were elected by the votes of the people in their great councils ; and though regard was paid to nobility in the choice, their per- sonal qualities, chiefly their valour, jirocured them, from the suffrages of their fellow-citizens, that honour- able but dangerous distinction. The warriors of each tribe attached themselves to their leader with the most devoted affection and most unshaken constancy : they attended hiin as his ornament in peace, as his defence in war, as his council in the administration of justice. Their constant emulation in military renown dissolved not that inviolable friendship which they professed to their chieftain and to each other. To die for the honour of their band, was tlieir chief ambition : to survive its disgrace, or the death of their leader, was infamous. They even carried into the field their women and children, who adopted all the martial sen- timents of the men : and, being thus impelled by every human motive, they were invincible, where they were? not opposed either by the similar manners and institu- tions of the neighbouring Germans, or by the superior discipline, arms, and numbers of the Romans. The leaders, and their military companions, were maintained by the labour of their slaves, or by that of the weaker and less warlike part of the community whom they defended. The contributions which they levied went not beyond a bare subsistence ; and the honours acquired by a superior rank, were the only reward of their sujierior dangers and fatigues. All the icfined arts of life were unknown among the Germans: tillage itself was almost wholly neglected ; they even seem to have been anxious to prevent any improve- ments of that nature : and the leaders, by annually distributing anew all the land among the inhabitants of each village, kept them from attaching themselves to particular possessions, or making such progress in agriculture as might divert their attention from military expeditions, the chief occupation of tlic coui- inunitv. Cir.vr. I.] THE SAXONS. 21 The Saxons had been for Bome time regarded as one of the most warlike tribes of this fierce people, and liad become the teiror of the nelnlibouring nations. Thoy liad difl'used theinseh'es from tlie nortliern jiarls of (ierniany and tlie Cimbrian Chersonesus, and liail taken possession of all tlie sea-coast from the mouth of the Khine to Jutland, whence tliey had long in- fested, by tlieir piracies, all tlie eastern and southern parts of Britain, and tlie nortliern of Gaul. In order to oppose their iiiroails, the liomans had established an oiKcer, whom they called Count of the Saxon shore; and as the naval arts can flourish among a civilized people alone, they seem to have been more successful in repelling the Saxons, than any of the other barba- rians by whom they were invaded. The dissolution of the Roman power invited them to renew their in- roads ; and it was an acceptable circumstance, that the deputies of the Britons appeared among them, and prompted them to undertake an enterprise, to whicli they were of themselves sufficiently inclined. Hengist and Ilorsa, two brothers, possessed great credit among the Saxons, and were much celebrated, both for their valour and nobility. They were re- puted, as most of the Saxon princes, to be sprung from Woden, who was worshipped as a god among tliose nations ; ami they are said to be his great grandsons ; a cireimistance which added much to their authority. We shall not attempt to trace any higher the origin of those princes and nations. It is evident what fruit- less labour it must be to search, in those barharoiis and illiterate ages, fur the annals of a people, when tlicir tirst leadei-s, known in any true history, were believed by them to be the fourth in descent from a fabulous deity, or from a man exalted by ignorance into that character. The dark industry of antiquaries. led by imaginaiy analogies of names, or by uncertain traditions, would in vain attempt to pierce into that deep obscurity which covera the remote history of those nations. These two brothers, observing tlie other provinces of Germany to be occupied by a warlike and necessi- tous people, and the rich provinces of Gaul already con- quered or overran by other German- tribes, found it easy to pei-suade their countrymen to embrace the sole enterprise which promised a favourable opportunity of displaying their valour and gratifying their avidity. They embarked their troops in three vessels; and, about the year 449 or 450, carried over 1600 men, who lauded in the isle of Thanet, and immediately marched to the defence of the Britons against the northein in- vaders. The Scots and Picts were unable to resist the valour of these auxiliaries; and the Britons, aji- plauding their own wisdom in calling over the Saxons, hoped thenceforlh to enjoy peace and security, under the powerful protection of that warlike people. But Hengi.st and Horsa, perceiving, from their easy victory over the Scots and Picts, with what facility they might subdue the Britons themselves, who had not been able to resist those feeble invailers, were determined to conquer and fight for their own gran- deur, not for the defence of tlieir degenerate allies. They sent intelligence to Saxony of the fertility and riches of Britain ; and represented as certain the sub- jection of a people so long disused to arin«, who, being now cut off from the Roman empire, of which they liad been a province during so many ages, had not yet acquired any union among themselves, and were desti- tute of all alTcetion to their new liberties, and of all national att;ichments and regards. Tlie vices and pu- sillanimity of Vortigein, the British leader, were a new ground of hope ; and the Saxons in Germany, following such agreeable prospects, soon reinforced Ilengist and Iloi-sa with .OOOO men, wlio came over in seventeen vessels. The Biitons now began to entertain appre- hensions of their allies, whose numbei's they ibund con- tinually augmenting; but thought of no remedy, except a p.issive submission and connivance. This weak ex- pedient soon failed them. The Saxons sought a quarrel, by complaining that their subsidies were ill paid, and their provisions withdrawn; and, immediately taking oil" the mask, they formed an alliance with the Picts and Scots, and proceeded to open hostility against the Britons. I'lie Britons, impelled by these violent extremities, and roused to indignation against their ti'eacherons auxiliaries, were necessitated to take arms; and hav- ing deposed Vortigern, who had become odious from his vices, and from the bad event of his rash counsels, they put themselves under the command of his son Vortimer. They fought many battles with their ene- mies ; and though the victories in these actions be disputed between the British and Saxon annalists, the progress still made by the Saxons proves that the ad- vantage was commonly on their side. In one battle, however, fought at Eaglesford, now Ailsfoid, Horsa, the Saxon general, was slain, and left the sole com- mand over his conntrymen in the bands of Hengist. This active general, continually reinforced by fresh numbers from Germany, carried devastation into the most remote cornel's of Britain ; and being chiefly anxious to spread the terror of his arms, he spared neithc age, nor sex, nor condition, wdierever he niarehed with his victorious forces. The piivate and public edifices of the Britons were reduced to ashes : the priests were slaughtered on the altai-s by those idolatrous ravagers : the bishops and nobility shared the fate of the ^■ulgar: the people, flying to the mountains and deserts, were intercepted and butchered in heaps: some were glad to accept of life and servitude under tlieir victors: otliere, deserting their native country, took shelter in the pro- vince of Armoiica, where, being charitably received by a people of the same language and manners, they settled in great numbers, and gave the country the name of Brittany. The British writera assign one cause which facilitated the entrance of the Saxons into this island — the love with which Vortigern was at first seized for Bovena, the daughter of Hengist, and which that artful warrior made use of to blind the eyes of the imprudent monarch. The same historians add, that Vortimer died, and that Vortigern, being restored to the throne, accepted of a banquet from Hengist at Stonehenge, where 300 of his nobility were treacherously slaughtered, and himself detained captive. But these stories seem to have been invented by the Welsh authors, in order to palliate tlu weak resistance made at first by their countiynien, and to account for the rapid progress and licentious devastations of the Saxons. After the death of Vortimer, Ambrosins, a Briton, though of Rom.an descent, was invested with the com- mand over his countrj-nien, and endeavoured, not without success, to unite them in their resistance against the Saxons. Those contests increased the animosity between the two nations, and roused the military spirit of the ancient inhabitants, which had before been sunk into a fatal lethargj-. Hengist, however, notwithstanding tlieir opposition, still maintained his grouml in Britain ; and in order to divide the foices and attention of the natives, he called over a new tribe of Saxons, under the command of his brother Octa, and of Ebissa, the son of Oeta; and lie settled them in Northumberland. He him- self remained in the southern parts of the island, and laid the foundation of the kingdom of Kent, comprehending the county of that name, Middlesex, Kssex, and part of SuiTey. He fixed his royal seat at Caiiterbuiy, where he governed about forty yeai-s ; and be died in or near the year 488, leaving his new-acquired dominions to his pos- terity. The success of Hengist excited the avidity of the other northern Germans; and at dillcrent times, and under difierent leaders, they flocked over in multitudes to the invasion of this island. These conquerors were chiefly composed of three tribes, the Saxons, Angles, .and Jutes,* who all passed under the common appclla- • Tlie inlinb'ilsnts of Kent ncJ the I»le of Wight were Jutei. Biiei, Middlesex. Surrey, Sussex, and all the southern counties to Cornwall, were THE HISTORY OF ENGLAND. [C UAr. tion, sometimes of Saxons, sometimes of Angles; anj, spealving the same lansuage, and being governoil by tlie same institutions, they were naturally le;l from the these causes, as well as from tlieir common interest, to unite themselves against the ancient inhabitants. The resistance, however, though unequal, was still main- tained by the Britons ; but became every day more feeble: and their calamities admitted of few intervals, till they were driven into Cornwall and Wales, and re- ceived protection fiom the remote situation or inac- cessible mountains of those countries. The first Saxon state, after that of Kent, which was establisiied in Britain, was the kingdom of South Saxony. In the year 477, iElla, a Saxon chief^ brought over an army from Germany, and, la'jding on the southern coast, proceeded to take possession of tlie neighbouring territory. The Britons, now armed, did not tamely abandon their possessions ; nor were they ex])elled, till defeated in many battles by their warlike invaders. Tlie most men\orable action men- tioned by liistorians, is tliat of Meacredes-Burn ; where, though the Saxons seem to have obtained the victory, they suffered so considerable a loss as somewhat re- tarded the progress of tlieir conquests. But iElla, re-enforced by fresh numbers of his countrymen, again took the field against the Britons, and laid siege to Andred-Ceaster, which was defended by the garrison and inhabitants with desperate valour. The Saxons, enraged by this resistance, and by the fatigues and dangers which they had sustained, redoubled tlieir efforts against the place, and, when masters of it, put all their enemies to the sword, without distinction. This decisive advantage secured the conquests of iElla, who assumed the name of king, and extended Iiis do- minion over Sussex and a great part of Surrey. lie was stojjped, in his progress to the east, by the king- dom of Kent : in that to the west, by anotlier tribe of Saxons, who had taken possession of that ten-itory. 'lliese Saxons, from the situation of the country in which they settled, were called the West Saxons, and landed in the year 435, under the command of Cerdic, and of Lis son Kenric. The Britons were, by past experience, so much on their guard, and so well pre- pared to receive the enemy, that they gave battle to Clerdic the very day of his landing ; and, tliough van- quished, still defended, for some time, their liberties against the invaders. None of the other tribes of Saxons met with such vigorous resistance, or exerted nich valour and perseverance in pushing their con- q lests. Cerdic was even obliged to call for the assist- nnoe of his countrymen from the kingdoms of Kent and Sussex, as well as from Germany ; and he was thence joined by a fresh army under the command of Porto, and of his sons Bleda and Mcgla. Strengthened by these succours, he fought, in the year 508, a despe- rate battle with the Britons, commanded by Nazan- Leod, who was victorious in the beginning of the action, and routed the wing in which Cerdic himself commanded ; but Kenric, who had prevailed in the other wing, brought timely assistance to his father, and restored the battle, which ended in a complete victory gained by the Saxons. Nazan-Leod perished, with 5000 of his army ; but left the Britons more weakened than discouraged by his death. The war still continued, though the success was commonly on the side of the Saxons, whose short swords, and close manner of lighting, gave them great advantage over the missile weapons of the Britons. Cerdic was not wanting to his good fortune; and, in order to extend Iiis conquests, he laid siege to Mount Badon or Banes- downe, near Bath, whither the most obstinate of the discomfited Britons had retired. The southern Britons, in this extremity, applied for assistance to Arthur, prince of the Silures, whose heroic valour now sus- tained the declining fate of his country. This is that Arthur so much celebrated in the songs of Thaliessin, and the other British bards; and whose militaiy achievements have been blended with so many fables, as even to give occasion for entertaining a doubt of his real existence. But poets, though they disfigure the most certain histoiy by their fictions, and use stiange liberties with truth where they are the sole historians, as among the Britons, have commonly some foundation for their wildest exaggerations. Certain it is, that the siege of Badon was raised by the Ihitons in the year 520; and the Saxons were there diseomfiteu in a great battle. This misfortune stopped the pro- gress of Cerdic ; but was not sufficient to wrest from liim the conquests which he had already made. He, and his son Kenric, who succeeded him, established the kingdom of the West Saxons, or of Wessex, over the counties of Hants, Dorset, Wilts, Berks, and the Isle of Wight, and left their new -acquired dominions to their posterity. Cerdic died in 534 ; Kenric, in 5G0. While the Saxons made this progress in the south, their countrjonen were not less active in other quarters. In the year 527, a great tribe of adventurers, under several leaders, landed on the east coast of Britain ; and after fighting many battles, of which history has preserved no particular account, they established three new kingdoms in this island. Uflfa assumed the title of king of the East-Angles, in 575 ; Crida, that of Mercia, in 5^5 : and Erkenwin, that of East-Saxony or Essex, nearly about the same time, but the year is uncertain. This latter kingdom was dismembered from that of Kent, and comprehended Essex, Middlesex, and part of Hertfordshire ; that of the East-Angles, the counties of Cambridge, Suffolk, and Norfolk ; Mercia was extended over aU the middle counties, from the banks of the Severn, to the frontiers of these two kingdoms. The Saxons, soon after the landing of Hengist, had been planted in Northumberland ; but, as they met with an obstinate resistance, and made but small pro- gress in subduing the inhabitants, their affairs were in so unsettled a condition, that none of their princes for a long time assumed the name of king. At last, in 547, Ida, a Saxon prince of great valour, who claimed a descent, as did all the other princes of that nation, from Woden, brought over a re-enforcement from Ger- many, and enabled the Northumbrians to carry on their conquests over the Britons. He entirely subdued the county now called Northumberland, the bishopric of Durham, as well as some of the south-east counties of Scotland ; and he assumed the crown under the title of king of Bernicia. Nearly about the same time, iElla, another Saxon prince, having conquered Lancashire and the greater part of Yorkshire, received the appel- lation of king of Deiri. These two kingdoms were united in the person of Ethilfrid, grandson of Ida, who married Acca, the daughter of yEIla, and, expelling her brother Edwin, estabUshed one of the most power- ful of the Saxon Idngdoms by the title of Northum- berland. How far his dominions extended into the country now called Scotland is uncertain ; but it can- not be doubted that all the lowlands, especially the east coast of that country, were peopled in a great measure from Germany ; though the expeditions, made by the several Saxon adventurers, have escaped there- cords of liistory. The language spoken in those coun- tries, which is purely Saxon, is a stronger proof of this event, than can be opposed by the imperfect, or rather fabulous annals, which are obtruded on lis by the Scottish historians. THE HEPTARCHY. pcoiiled by Saxonn ; Mcrcin, ami other piirtf, of the kingdom, wore inhabited Thus was established, after a violent contest of near a hundred and fifty years, the Heptarchy, or seven Saxon kingdoms, in Britain ; anil the whulc southern part of the island, except Wales and Cojiiwall, had totally changed its inhabitants, language, cuntoms, and political institutions. The Britons, under the Koman Chap. I.] THE HEPTARCHY dominion had made such advances towards arts and civil mannei-s, that they liad built tweuly-eiglit con- siderablo cities within llieir province, besides a fiieat number of villages and countiy seats. But the fierce conquerors, by whom thev were now subdueii, llnew everything bade into ancient baibarity ; and tliose few natives who were not either nia.'^acred or e.xpelled their habitations, were reduced to the most abject slavery. None of the other northern conquerors, tlie Franks, Goths, Vandals, or Bm-gundians, thou^jh they overran the southern i)rovinces of the empire like a liii»hty torrent,made such devastations in the conquered territories, or were inflamed into so ^'ioIent an ani- mosity against the ancient inhabitants. As the Saxons came over at intervals in sejiarate bodies, the Britons, however at first unwarlike, were tempted to make resistance; and hostilities being thereby prolonged, proved more destructive to both parties, especially to the vanquished. The first invaders from Germany, instead of excluding other adventurers, who must share with them the spoils of the ancient inhabitants, were obliged to solicit fresh supplies from their own country; and a total extermination of the Britons became the Bole expedient for providing a settlement and subsist- ence to the new planters. Hence there have been found in history few conquests more ruinous than tiiat of the Saxons ; and few revolutions raore violent than Uiat which they introduced. So longas the contest was maintained TJTiththenatives, the several Saxon princes preserved a imion of counsels and interests ; but after the Britons were shut up in the barren counties of Cornwall and Wales, and gave no further disturbance to the conquerors, the band of alli- ance was in a great measure dissolved among the princes of the Heptarchy. Though one prince seems still to have been allowed, or to have assumed an as- cendant over the whole, his authority, if it ought ever to be deemed regular or legal, was extremely limited ; and each state acted as if it had been independent, and wholly separate from the rest. Wars, therefore, and revolutions and dissensions were unavoidable among a turbulent and military people ; and these events, how- ever intricate or confused, ought now to become the objects of our attention. But,added to the difficulty of carrying on at once the history of seven independent kingdoms, there is great discomagement to a writer, arising from the uncertainty, at least barrenness, of the accounts transmitted to us. The monks, who were the only anrtialists during those ages, lived remote from ))ublic affairs ; considered the civil transactions as en- tirely subordinate to the ecclesiastical ; and, besides partalcing of the ignorance and barbarity which were tlien universal, were strongly infected with credulity, with the love of wonder, and with a propensity to im- posture ; vices almost inseparable from their profession and manner of life. The histoiy of that period abounds in names, but is extremely barren of events ; or the events are related so much witltout circumstances and causes, that the most profound or most eloquent \n-iter must despair of rendering them either instructive or entertaining to the reader. Even the great learning and vigorous imagination of Milton sunk under the weight ; and tliis author scruples not to declare, that the skirmishes of kites or crows as much merited a par- ticular narrative, as the confused transaetioris and bat- tles of the Saxon Ileptaicliy. In order, however, to connect the events in some tolerable measure, we sliall give a succinct account of the successions of kings, and of the more remarkable revolutions, in each particular kingdom ; beginning with that of Kent, which was the first established. THE KINGDOM OP KENT. Escns succeeded his father, Ilengist, in the kingdom of Kent ; but seems not to have possessed the military genius of tliat conqueror, wlio first made way for the entrance of the Saxon aruiB into Britain. All the Saxons, who sought either the fame of valour, or new establishments by arms, flocked to the standard of iElla, king of Sussex, wlio wa.s carrj-ing on sucees.sful war against the Biitons, and laving the foundations of a new kingflom. Eseus was content to possess in tran- quillity the kingdom of Kent, whieli he left in 512 to his wjn Oi;t/i, in 1-hose liuie the ICast-Saxons established their monai-chy, and dismembered the provinces of Essex and Middlesex from that of Kent. His death, after a reign of twenty-two years, made room for his son Ilermenric in 534, who performed nothing memor- able during a reign of thirty-two years, except associ- ating with him his son Ethelbert in tlie government, that he might secure the succession in his family, and prevent such revolutions as are incident to a turbulent aud barbarous monarchy. Ethelbert revived the reputation of his family, which had languished for some generations. The inactivity of his predecessors, and tlio situation of his country, secured from all hostility with the Britons, seem to have much enfeebled the warlike genius of the Kentish Saxons ; and Ethelbert, in his first attempt to aggran- dize his country, and distinguish his own name, was unsuccessful. He was twice discomfited in battle by Ceaulin, king of Wessex ; and obliged to yield the su- ])eriority in the Heptarchy to that ambitious monarch, who preserved no moderation in his victory, and, by reducing the kingdom of Sussex to subjection, excited jealousy in all the other princes. An association was formed against him ; and Ethelbert, intrusted with tho command of the allies, gave him battle, and obtaiiied a decisive victory. Ceanlin died soon after ; and Ethel- bert succeeded, as well to his ascendant among tho Saxon states, as to his other ambitious projects. H9 reduced all the princes, except the king of Northum- berland, to a strict dependence upon him ; and eveu established himself by force on the throne of Mercia, the most extensive of the Saxon kingdoms. Appro- I hensive, however, of a dangerous league against him, like that by which he himself had been enabled to overthrow Ceauhn, he had the prudence to resign the kingdom of Jlercia to Webba,the rightful heir, the sou of Crida, who had first founded that monarchy : but, governed still by ambition more than by justice, he gave Webba possession of the crown on such conditions as rendered him little better than a tributary priuco under his artful benefactor. I But the most memorable event which distinguished : tlic reign of this great prince, was the introduction of the Christian religion among the English Saxons. The superstition of the Germans, particularly that of tho Saxons, was of the grossest and most barbarous kind ; and being founded on traditional tales received from their ancestors, not reduced to any system, not sup- ported by political institutions like that of the Druids, it seems to have made little iiupressiou on its votaries, and to have easily resigned its place to the new doc- trine pronmlgated to them. Woden, whom they deemed the ancestor of all their princes, was regarded as the god of war, and, by a natural conseeiuence, became their supreme deity, and the chief object of their reli- gious worship. They beheved, that if they obtained the favour of this divinity by their valour, (for thi'y made less account of the other virtues,) they should be admitted after tlioir de.ath into his hall, and, reposing I on couches, should satiate themselves with ale from the skulls of their enemies whom they had slain in battle. Incited by this idea of paradise, which gratified at once the passion of revenge and that of intemperance, the ruling inclinations of barbarians, they despised tho dangers of war, aud increased their native ferocity against tlie vanquished by their i-eligious prejudices. We know little of the other theological tenets of tha Saxons ; we only learn that they were polytheists ; that they worshipped the sun and moon ; tliat they adored tho god of thunder, rmder the name of Thor ; that they had images in their temples ; that th^y prae- , tised sacrifices, believed t'rmly iii spells and iuclum'- 24 THE HISTORY OF ENGLAND. [CnAP. I. nionfs, and adniitlcd in f;onci-M a !r:stcm of docOincs which tlicy held as sacred, hut which, like all other su- perstitions, must carry the air of the wildest extrava- fr.xnce, if propounded to those who are not familiarized to it from their earliest infaiuv. Tlie constant hostihties which the Saxons maintained nfrainst the Britons, would naturally indispose them for receiving the Christian faith, when preached to them h_v such inveterate enemies ; and perhaps the Britons, as is ohjected to them by Gildas and Bede, were not over-fond of communicating to their cruel invaders the doctrine of eternal life and salvation. But as a civil- ized people, however subdued by arras, still maintain a sensible superiority over barbarous and ignorant na- tions, all the other northern conquerors of Europe had been already induced to embrace the Christian faith, which they found established in the empire ; and it was impossible but the Saxons, informed of this event, must have regarded with some degree of veneration a doc- trine which had acquired the ascendant over all their brethren : however limited in their views, they could not but have perceived a degree of cultivation in the southern conntries beyond what they themselves pos- sessed ; and it was natural for them to yield to that superior knowledge, as well as zeal, by which the in- habitants of the Christian Idngdoms were even at that time distinguished. But these causes miglit long have failed of producing nny considerable effect, had not a favourable incident prepared the means of intioJucing Christianity into Kent. Ethelbert, in his father's lifetime, had married Bertha, the only daughter of Caribcrt, king ot Paris, one of the descendants of Clovis, the conqueror of Gaid ; but, before he was admitted to this alliance, he was oliliged to stipulate that the prinoess should enjoy the free exercise of her religion ; a concession not dif- ficult to be obtained from the idolatrous Saxons. Bertha brought over a French bishop to the court of (Canterbury ; and, being zealous for the propagation of Iier religion, she had been very assiduous in her devo- tional exercises, had supported the credit of her faith by an irreproachable conduct, and had emjjloyed every art of insinuation and address to reconcile her husband to her religious principles. Her popularity in the court, and her influence over Ethelbert, had so well paved the way for the reception of the Christian doc- trine, that Gregory, surnamed the Great, then Roman pontiff', began to entertain hopes of efli?cting a project, which he himself, before he mounted the papal throne, had once embraced, of converting the British Saxons. It happened that this prelate, at that time in a pri- vate station, had observed, in the market-place of Eome, some Saxon youths exposed to sale, whom the Eoman merchants, in their trading voyages to Britain, liad bought of their mercenary parents. Struck with the beauty of their fair complexions and blooming countenances, Gregory asked to what country they be- longed ; and being told they were Angles, he replied that they ought more jnoperly to be denominated aniiels : it were a pity that the prince of darkness should enjoy so fair a prey, and that so beautiful a frontispiece should cover a mind destitute of internal g;racc and righteousness. Inquiring further concerning the name of their pro\-ince, he was informed that it was Deiri, a district of Northumberlaud. " De'iii ! " replied he, '* that is good! they are called to the mercy of Cod front his anger (de ira). But what is the name of the king of that province?" lie was told it was yElla or jllln. "Alleluia!" cried he : ^' we must endeavour that the praises of Cod t>e sung in their country" Gloved by these allusions, which appeared to him so hap|iy, he determined to \mdcrtake, himself, a mission into l!ri- tain ; and, having obtained the pope's approbation, he prepared for that jierilous journey : but his populaniy at home was so gnat, that the Romans, unwilling to exposed him to such dangers, opposed his design ; and be was ohligeil, for tlie present, to lay aside all fiu-ther thoughts of executing that pious purpose. J The controversy between the pagans and the Chris- tians was not entirely cooled in that age ; and no pontiff', before Gregory,had ever carried to greater ex- cess an intemperate zeal .against the former religion. He had waged war with all the precious monuments of the ancients, and ever, with their writings ; which, its appears from the strain of bis own wit, as well as from the style of his compositions, he had not taste orgenius suificient to comprehend. Ambitious to distinguish his pontificate by the conversion of the British Saxons, he pitched on Augustine, b Roman monk, and sent him, with forty associates, to preach the gospel in this island. These missionaries, terrified with the dangers which might attend their proposing a new doctrine to so fierce a people, of whose language they were igno- rant, stopped some time in Fi'ance ; and sent back Au- gustine to lay the hazards and difficulties before the pope, and crave his pennis.sion to desist from the undertaking. But Gregory exhorted them to perse- vere in their purpose ; advised them to clioose some interpreters from among the Franks, who still spolce the same language with the Saxons ; and recommended them to the good offices of queen Brunehaut, who had at this time usurped the sovereign power in France. This princess, though stained with every vice of treachery and cruelty, cither possessed or pretended great zeal for the cause ; and Gregory acknowledged, that to her friendly assistance was, in a great measure, owing the success of that undertaking. Augustine, on his arrival in Kent, in the year 597, found the danger much less than he had apprehended. Ethelbert, already well disposed towards the Christian faith, assigned him a habitation in the isle of Thanet, and soon after admitted him to a conference. Apjire- hensive, however, lest spells or enchantments might be employed against him by priests, who brought .an unknown worship from a distant country, he had the precaution to receive them in the open air, where he beUeved the force of their magic would be more easily dissipated. Here Augustine, by means of his inter- preters, delivered to him the tenets of the Christian faith ; and promised him eternal joys above, and a kingdom in heaven w ithout end, if he would be per- suaded to receive that salutary doctrine. "Your words and promises," replied Ethelbert, "are fair; but, be- cause they are new and uncertain, I cannot entirely j-ield to them, and relinquish the principles which I and my ancestors have so long maintained. You are welcome, however, to remain here in peace ; and, as you have undertaken so long a journey solely, as it ap- pears, for what you believe to be for our advantage, I will supply you with all necessaries, and jiermit you to deliver your doctrine to my subjects." Augustine, encouraged by this favourable reception, and seeing now a prospect of success, proceeded with redoubled zeal to preach the gospel to the Kentish Saxons. He attracted their attention by the austerity of his manners, by the severe penances to which he subjected himself, by the abstinence and self-denial which he practised : and, ha^^ng excited their wonder by a course of life which a]>i)eared so contrary to nature, he procured more easily their belief of mi- racles, which it was pretended he wrought ibr their conversion. Influenced by these motives, and by the declared favour of the court, numbers of the Kentish men were baptized ; and the king himself was per- suaded to submit to that rite of Christianity. His ex- ample had great influence with his subjects; but he employed no force to bring them over to the new doctrine. Augustine thought proper, in the com- mencement of his mission, to assume the aiqiearance of the greatest lenity: he told Ethelbert that the service of Christ must be entirely voluntary, and that no violence ought ever to he used in propagating su salutary a doctrine. The iutelligtnoe received of these spiritu.il conquests afforded gi-cat joy to tlie Roni.an.s; wlio now exulted as much in those peaceful trojihies, as their ancestora t '-^ i'- .•^v ^.ItiO r. liWl \\ HAl KS 1 UK TtVi; K Chap. 1.] THE HEPTARCHY. QH liad ever done in vheir most sanguiiiaiy triumphs and most splendid victories. Gref,'ory M-rote a letter to Etliclbert, in which, after informing him that the end of the world was approaching, he exhorted him to display his zeal in the conversion of his suhjects, to exert rigour against the worship of idols, and to build UD the good work of hoUness by every expedient of exhortation, terror, blandishment, or correction ; a doctrine more suitable to that age, and to the usual papal maxims, than the tolerating principles which Augustine had thought it prudent to inculcate. The pontiff also answered some questions, which the mis- Bionary had put, concerning the government of the new church of Kent. Besides other queries, which it is not material here to relate, Augustine aslced, "Whether cousin-fiermans might he aUonu-d to vinrryV^ Gregory answered, that that liberty had indeed been formerly granted by the Roman law ; but that expe- rience had shown that no issue coidd ever come from such marriages; and he therefore jiroliibited them. Augustine asked, " Whether a woman preynant might be baptizedV Gregory answered tliat he saw no objec- tion. " Ifow soon after the birth the child might receive baptism?" It was answered, "Immediately, if neces- sary." *' Ifow soon a husband might have commerce ivith his wife after her delivery V "Not till she had given suck to her child;" a practice to wliich Gregory ex- horts all women. "How soon a man mi;;ht enter the chtirch, or receive the sacrament, after having had com- merce with his wifeV It was replied, that unless he had approached her without desire, merely for the sake of propagating his species, he was not without sin : but in all cases it was requisite for him, before he entered the church, or communicated, to ])u)ge him- self by prayer and ablution ; and he ought not, even after using these precautions, to participate imme- diately of the sacred duties. There are some other questions and replies still more indecent and more ridiculous. And, on the whole, it appears that Gre- gory and his misslonaiy, if sympathy of manners have any influence, were better calculated than men of more refined understandings for making a progress ■vni\\ tlie ignorant and barbarous Saxons. The more to facilitate the reception of Christianity, Gregory enjoined Augustine to remove the idols from the heathen altars but not to destroy the altars them- selves ; because the people, he said, would be allured to frequent the Christian worship when they found it cele- brated in a place which they were accustomed to revere. And as the pagans practised sacrifices, and feasted with the priests on their offerings, he also exhorted the mis- sionary to persuade them, on Christian festivals, to kill their cattle in the neighbourhood of the church, and to indulge themselves in those cheerful entertainments to ■which they had been habituated. These political com- pliances show, that, notwithstanding his ignorance and prejudices, he was not unacquainted with the arts of governing mankind. Augustine was consecrated arch- bishop of Canterbury ; was endowed by Gregory with authority over all the British churches; and received "the pall, a badge of ecclesiastical honour, from Rome. Gregory also advised him not to be too much elated with his gift of working miracles; and as Augustine, proud with the success of liis mission, seemed to think himself ontithd to extend his authority over the bishops of Gaul, the pope informed him that they lay entirely without the bounds of his jurisdiction. The marriage of Ethelbert with Bertha, and much more his embracing Christianity, begat a connexion of liis subjects with the French, Itahans, and other nations on the continent; and tended to reclaim them fi-ora their gross ignorance and barb.arlty, in which all the Saxon tribes had been hitherto involved. Ethel- bert also enacted, v.-itli the consent of the states of liis kingdom, a body of Laws ; the first written laws pro- mulgated by any of the northern conquerors : and his rei _;u was in every respect glorious to himself, and be- pelicial to his people. lie governed the kingdom Vol.. r. of Kent fifty years; and, d>iiig in rtIC, left the suc- cession to his sou Eadbald. This prince, seduced by ? passion for his mother-in-law, deserted for some tinn. the Christiau faith, which permitted not these incestu- ous marriages. His whole people immediately re- turned with him to idolatry. Laurentius, the suc- cessor of Augustine, found the Christian worship wholly abandoned ; and was prepared to returii to Fr.ance, in order to escape the mortification of preach- ing the gospel without fruit to the infidels. Mellitus and Justus, who had been consecrated bishops of London and Rochester, had already departed the kingdom; when Laurentius, before he should entirely abandon his dignity, made one effort to reclaim the king. lie appeared before that prince ; and, throwing off his vestments, showed his body all torn with bruises and stripes, which he had received. Eadbald, wondering that any man should have dared to treat in that manner a person of his rank, was told by Lauren- tius tliat ho had received this chastisement from St. I'eter, the prince of the apostles ; who had appeared to him in a vision, and, severely reproving him for his intention to desert his charge, had intficted on him these visible marks of his displeasure. Whether Ead- bald was struck with the miracle, or influenced by some other motive, he divorced himself fiom his mo- ther-in-law, and returned to the profession of Christi- anity. His whole people returned with him. Eadbald reached not the fame or authority of his f;vther; and died in C40, after a reign of twenty-five years, leaving two sons, Erminfrid and Ercomhert. Ereombert, though the younger son by Emm.a, a French princess, found means to mount the throne. He is celebrated by Bede for two exploits — for esta- blishing the fast of Lent in his kingdom, and for utterly extirpating idolatry, which, notwitlistandiug the prevalence of Christianity, had hitherto been tole- rated by the two preceding nionarchs. He reigned twenty-four years ; and left the crown to Egbert his son, who reigned nine )ears. This prince is renowned for his encouragement of learning ; but infamous for putting to death his two cousin-germans, sons of Er- minfrid, his uncle. The ecclesiastical writers praise him for his bestowing on his sister Domnona some lands in the isle of Thanet, where she founded a mon;istery. The bloody precaution of Egbert could not fix the crown on the head of his son Edric. Lothaire, brotlier of the deceased prince, took possession of the king- dom ; and, in order to secure the power in his family, he associated with him Richard, his sen, in the admi- nistration of the government. Edric, the dispossessed jjrince, had recourse to Edilwach, king of Su'-^ex, for assistance ; and, being supported by that prince, fought a battle with his uncle, who was defeated and slain. Richard fled into Germany; and afterwards died in Lucca, a city of Tuscany. William of Malmesbury ascribes Lothaire's bad fortune to two crimes — his concurrence in the murder of his cousins, and his con- tempt for relics. Lothaire reigned eleven years ; Edric, his successor, only two. Ujion the death of the latter, which hap- ])ened in C8G, Widred, his brotlier, obtained jiossession of the crown : but as the succession had been of late so much disjointed by revolutions .and usurpations, faction began to prevail among the nobility ; which invited Cedwalla, king of Wessex, with his brother MoUo, to attack the kingdom. These inv.aders com- mitted great devastations in Kent ; but the death of Mollo, who w.as slain in a skirmish, gave a short breathing time to that kingdom. Widred restored the affairs of Kent ; and, after a reign of thirty-two years, left the crown to his posterity. Eadbcrt, Ethel- bert, and Alric, his descendants, successively mounted the throne. After the death of the last, which li.ap- pened in 7!)4, the royal family of Kent was ex- tinguished ; and every factious loader who could entertain hopes of ascending the throne threw the state into confusion. Eybert, who first succeeded, 1.1 23 THE HISTORY OF ENGLAND. [Chap. I reigned but two years ; Cuthred, brother to the king of Mercia, six years ; Baldred, an illegitimate branch of the royal family, eighteen : and, after a troublesome and precarious reign, he was, in the year 723, expelled by Egbert, king of Wessex, who dissolved the Saxon Heptarchy, and imited the several kingdoms under his dominion. KINGDOM OF NORTHUMBERLAND. Adelfrid, king of Bernicia, having maiiied Acc.i, the daughter of JEtia,, king of De'iri, and expelled her in- fant brother Edwin, had united all the counties north of Hiunber into one monarchy, and acquired a great ascendant in the Heptarchy. He also spread the teiTor of the Saxon arms to the neighbouring people ; and, by his victories over the Scots and Piets, as well as Welsh, extended on all sides the bounds of his dominions. Having laid siege to Chester, the Britons marched out with all their forces to engage him ; and they were attended by a body of twelve hundred and fifty monks from the monastery of Bangor, who stood at a small distance from the field of battle, in order to encourage the combatants by their presence and ex- hortations. Adelfiid, inquiring the purpose of this imnsual appearance, was tuM that these priests had come to pray against him. " Then are Ihey as much our enemies," said he, " as lliose wlio intend to fight against vs." And he immediately sent a detachment, who fell upon them, and did such execution, that only fifty es- caped with their Hves. The Britons, astonished at this event, received a total defeat. Chester was obhged to surrender ; and Adelfrid, pursuing his vic- toiy, made himself master of Bangor, and entirely demolished the monastery ; a building so extensive that there was a mile's distance from one gate to ano- ther ; and it contained tvio thousand one hundred monks, who are said to have beeu th«re maiuta.iued by their own labour. Notwithstanding Adelfrid's success ia wnr,he lived in inquietude on account of young Edwin, whom he had unjustly dispossessed of the crown ot Deiri. This prince, now grown to man's estate, wandered from place to place, in continual danger from the attempts of Adelfrid ; and received at last protection in the court of Eedwald, king of the East Angles, where his engaguig and gallant deportment procured hira ge- neral esteem and affection. Redw.ild, however, was strongly solicited by the king of Nortliumberland to kill or deliver up his guest ; rich presents were pro- mised him, if he would comply ; and war denounced against liim, in case of his refusal. After rejecting several messages of this kind, his generosity began to yield to the motives of interest ; and he retained the last ambassador till he .should come to a resolution in a case of such importance. Edwin, informed of his friend's perplexity, was yet determined, at all hazards, to remain in East Anglia ; and thought that, if the protection of that court failed liim, it were better to die than prolong a life so much exposed to the perse- cutions of Ids powerful rival. This confidence in Red- wald's honour and friendship, with his other accom- phbhments, engaged the queen on his side ; and she efTectuaUy represented to her husband the infamy of delivering up to certain destruction their royal guest, who had fled to them for protection against his cruel and jealous enemies. Redv.ald, embracing more gene- rous resolutions, thought it safest to prevent Adelfrid before that jn-ince was aware of his intention, and to attack him while he was yet unprepared for defence. He marched suddenly with an army into the kingdom of Northumberland, and fought a battle with Adelfi-id ; in which that monareli was defeated and killed, after avenging himself by the death of Regner, son of Red- wnld. His own sons, Eanfrid, Oswald, and Oswy, yet infants, were carried into Scotland ; and Edwin ob- tained possession of the crown of Northumberland. Edwiii Wits the greatest prince of the Heptarchy in ' that age ; and distinguished liimself, both by his in- fluence over the other kingdoms, and by the strict exe- cution of justice in his own dominions. He reclaimed his subjects from the licentious life to v/hirh t'ney had been accustomed ; and it was a common s,a)'ing, that, during his reign, a woman or child might openly carry everywhere a purse of gold, without any danger of Wolence or robbery. There is a remarkable instance transmitted to ua of the affection borne him by Ids servants. Cuiehclme, king of Wessex, was his enemy ; but, finding himseli" unable to maint.ain open war against so gallant and powerful a prince, he determined to use treachery against him ; and he employed one Eumer for that criminal purpose. The assassin, having obtained admittance by pretending to deUver a mes- sage from Cuiehclme, drew his dagger,and rushed upon the king. LUla, aa officer of his army, seeing his master's danger, and having no other means of defence, interposed witii his own body between the king and Eumer's dagger, which was pushed with such violence that, after piercing Lilia, it even wounded Edwin ; but, before the assassin could renew liis blow, he was dis- patched by the king's attendants. Tlie East Angles conspired against Redwald, their king ; and, having put him to death, they offered their crown to Edwin, of whose valour and capacity they had had experience while he resided among them. But Edwin, froru a sense of gratitude towards Ids benefac- tor, obh^cd them to submit to Earpwold, the son of Redvifald ; and that prince preserved his authority, though on a precarious footing, under the protection of the Northumbrian monarch. Edwin after his accession to the crown, married Ethelburga, the daughter of Ethelbert, king of Kent. This princess, emvilating tlie glory of her mother Bertha; who had been the instrument for converting her husband and his people to Christianity, carried PauUinus, a learned bishop, along with her ; and, be- sides stipulating a toleration for the exercise of lier own religion which was readily granted her, sho used every reason to persuade the king to embrace it. Edwin, hke a prudent prince, hesitated on the proposal ; but promised to examine the foundations of that doctrine, and declared that, if he found them satisfactory, ho was willing to be converted. Accordingly lie held se- veral conferences with Paulliuus ; canvassed the argu- ments i3ropou;:ded with the wisest of hia counsellors ; retired frequently from company, in order to revolve alone that important question ; and, after a serious and long inquiry, declared in favour of the Clu-istian rehgion. The people soon after imitated his example. Besides the authority and influence of the king, they were moved by another striking example. Coifi, the high-priest, being converted after a public conference with Paullinus, led the way in destroying the images which he had so long worshipped, and was forward iu maldng this atonement for his past idolatry. This able prince perished, witli Ins son Osfrid, in a great battle which he fought against Penda, king of Mercia, and C.'cdwalla, king of the Britons, 'iiuit event, which happened in the forty-eighth year of Edwin's age and seventeenth of his reign, divided the monarchy of Northumberland, which tl'.at prince had united iu his ov/n person. Eanfrid, the son of Adelfrid, returned, with his brothers Oswald and Oswy, from ScotUnd, and took possession of Bernicia, bis paternal kingdom. Osric, Edwin's cousin-gonnan, established himself in Deiri, the inheritance of his family, but to which tlie sons of Edv/in had a preferable title. Ean- frid, the elder survinng son, fled to I'enda, by whom ho was treacherously slain. The younger son, Vuscfrsoa, v/ith Yfn, the grandson of Edwin by Osfrid, sought protection iu Kent ; and, not finding themselves in safety there, retired into France to king DagoboJf, where they died. Osric, king of De'iri, and Eanfrid of Bernicia, returned to paganism ; and the whole people seem to h.ave ire- turned with them, since PauUinus, v.'ho W.X'J tie. first Chap. I.] THE HEPTARCHY. 27 OTclibishop of York, and who had convertfid them, Ihought proper to retire with Ethelburga, the queeu- dowager, into Kent. Botli these Northumbrian kings perished soon after : the first, in battle against Ca;d- walla, the Briton ; tlie second, by the treachery of that prince. Oswald, tlie brother of Eanlrid, of tlie race of Bernicia, united again the Icingdom of Nor- thumberland in tlio year G34, and restored the Cliris- tian religion in his dominions. lie gained a bloody and well-disputed battle against C'a;dwalla ; the hist vigorous effort which the Britons made against the Saxons. Oswald is ranch celebrated for his sanctity and charity by the monkish historians ; and tlu'y pre- tend that his reliques wrought miracles, jjarticularly the curing of a sick horse, which had approached the place of his interment. He died in battle against Penda, king of Mercia, and was succeeded by his brother Oswy, who established himself in the government of the whole Northumlu'ian kingdom by putting to death Oswin, the son of Osric, the last king of the race of Deiri. Ilis son Egfrid suc- ceeded ; who perished in battle against the Picts, without leaving any children, because Adelthrid, his wife, refused to violate her vow of chastity. Alfred, his liatural brother, acquired possession of the kingdom, which he governed for nineteen years ; and he left it to Osred his son, a boy of eight years of age. This prince, after a reign of eleven year.s, was murdered by Kenred, his kinsman, who, after enjoying the crown only a year, perished by a like fate. Osric, and, after him, Celwulph the son of Kenred, next mounted the throne ; which the latter relinquished, in the year 738, in favour of Kadbert, his cousin-german ; who, imitat- ing his predecessor, abdicated the crown, and retired into a monastery. Oswolf, son of Eadbert, was slain in a sedition, a year after his accession to the crown ; and SIollo, who was not of the royal family, seized the crown. He perished by the treachery of Aihed, a prince of the blood ; and Ailred, having succeeded in his design upon the throne, was soon after expelled by his subjects. Ethelred, Ids successor, the son of SIoUo, nnderwent a like fate. Celwold, the next king, the brother of Ailred, was deposed and slain by the people ; and his place was filled by Osred, his nephew ; who, after a short reign of a year, made way for Etiielbert, another son of JloUo, whose death was equally tragical with that of almost all his predecessors. After Ethel- bert's death, an universal anarchy prevailed in Nor- thumberland ; and the people, ha^ng, by so many fatal revolutions, lost all attachment to their government and princes, were well prepared for subjection to a foreign yoke, which Egbert, king of Wessex, finally imposed upon tlieui. TUE KINGDOM OF EAST-ANGLTA. The history of this kingdom contains nothing me- morable except the conversion of Earpwold, the fourth king, and great-grandson of Uffa, the foimder of the monarchy. The authority of Edwin, king of Nor- thumberland, on whom that prince entirely dejiended, engageil him to take this step : but, soon after, his wife, who was an idolatress, brought him back to her religion ; and he w.as found miablo to resist those al- lurements which had seduced the wisest of mankind. After his death, which was violent, hke that of most of the Saxon princes that did not early retire into monasteries, Sigebert, his successor and half-brother, who had been educated in France, restored Chris- tianity, and introduced learning amongst the East- Angles. Some iiretend that he founded the university of Cambridge, or rather some schools in that place. — It is almost impossible, and quite needless, to be more particular in relating the transactions of the East- Angles. AVhat instruction or entertainment can it give the reader to hear a long bead-roll of barbarous names ; Egi-ic, Annas, Etiielbert, Ethelwald, Aldulf, Elfv.'old, Boorue, Ethelred, Etiielbert ; who succes- sively murdered, expelled, or inlicritod from each other, and obscurely filled the throne of that kingdom ! Etiielbert, the last of these princes, was treacherously murdered by OlVa, king of Jlercia, in the year 7:)2 ; and his state was thenceforth united with that of Offa, as we shall relate presently. THE KINGDOM OF MERCIA. Mercia, the largest, if not the most powerful kiiid great merit, liad paid his addresses to Elfrida, the daughter of Ofta ; and was invited with all his retinue to Hereford, in order to solemnize the nuptials: Amidst the joy and festivity of tliese entertainments, he was seized by Ofta, and secretly beheaded : and though EUVida, who abhorred her father's treachery, had time to give warning to the lOast Anglian nobility, who escaped into their own country, Oifii, liaving ex- tinguished the royal family, succeeded in his design of subduing that kingdom. The perfidious prince, desi- rous of re-establishing his character in the world, and perhaps of appeasing the remorses of his own con- Bcience, paid great court to the clergy, and practised all the monkish devotion so mnch esteemed in that io-norant and superstitious ago. lie gave the tenth of liis goods to the church ; bestowed rich donations on the cathedral of Hereford, and even made a pilgrimage to Rome, where his great power and riches could not fail of procuring him the papal absolution. The better to ingratiate himself v.'ith the sovereign pontiff, he engaged to pay him a j'early donation for the support of an English college at Kome ; and in order to raise the sura, he imposed the tax of a penny on each house possessed of thirty pence a year. This imposition, being afterwards levied on all England, was commonly denominated Peter's pence, and, though conferred at first as a gift, was afterwards claimed as a tribute by the Roman pontiff. Carrying his hypocrisy still fur- ther, Offa, feigning to be directed liy a vision from heaven, discovered at Verulam the relics of St. Alban, the martyr, and endowed a magnificent mo- nastery in that place. 5Ioved by all these acts of piety, Malmesbury, one of the best of the old English historians, declares himself at a loss to determine whether the merits or crimes of this prince prepon- derated. Offa died after a reign of thirty-uine years, in 704. This prince was become so considerable in the Hep- tai'chy, that the emperor Charlemagne entered into an alliance and friendship with him ; a circumstance which did honour to Offii, as distant princes at that time had usually little communication with each other That emperor being a great lover of learning and learned men, in an age very barren of that ornament, Offa, at his desire, sent him over Alcuin, a clergyman much celebrated for his linowledge, who received great honours from Charlemagne, and even became his j^re- ceptor in the sciences. The chief reason why he had at first desired the company of Alcuin, was, that he might oppose his learning to the heresy of Feli.x, bishop of Urgil in Catalonia ; who maintained th.at Jesus Christ, considered in his human nature, could more properly be denominated the adoptive than the natural Son of God. The heresy was condemned in the council of Francfort, held in 704, and consisting of 300 bishops. Such were the questions which were agitated in that age, and which employed the attention, not only of cloistered scholars, but of the wisest and greatest princes. • Egfrith succeeded to his father Offa, but survived him only five months ; when he made way for Kenulph, a descendant of the royal family. This prince waged war against Kent ; and, taking Egbert, the king, prisoner, he cut off his hands, and put out his eyes ; leaving Cuthred, his own brother, in possession of the crown of that kingdom. Kenulph was killed in an insurrection of the East Anglians, whose crown his predecessor, Offa, had usurped. He left his son, Kenelm, a minor ; who was murdered the same year by his sister, Quendrade, who had entertained the am- bitions views of assuming the government. But she was supplanted by her uncle, Ceolulf ; who, two 3'cai's after, was dethroned by Beornulf. The reign of tliis li3ur])er, who was not of the royal family, was shoi't and unfortunate : he was defeated by the West Saxons, •* Offa, in .irjcrtopioteclhis country from Wales, drew a rampR,rt or JUch o' a hundred miles in Icngtli, firm llaBitigwi-rke in t'iintihirn, ui tlto with tea nair Ilri-stol, Sw S/J(i€(i'« Description of Wulon- and killed by his own subjects, the East Angles. Lndican, his successor, underwent the same fate ; and Wiglaff, who mounted this unstable throne, and found everything in the utmost confusion, coukl not with- stand the fortune of Egbert, who united all the Saxou kingdoms into one great monarchy. THE KINGDOM OP ESSEX. This kingdom made no great figure in the Heptarchy ; and the history of it is very imperfect. Sleda succeeded to his father, Erkinwin, the founder of the monarchy ; and made way for his son, Sebert, who, being nephew to Ethelbert, king of Kent, was persuaded by that prince to embrace the Christian faith. His sons and i conjunct successors, Sexted and Seward, relapsed into 1 idolatry, and were soon after slain in a battle against I the West Saxons. To show the rude manner of living ! in that age, Bede tells us, that these two kings ex- pressed great desire to eat the white bread distributed by Mellitns, the bishop, at the communion ; but, on his refusing them unless they would submit to be baptized, they expelled him their dominions. The names of the other princes who reigned successively in Essex, are, Sigebert the Little, Sigebertthe Good, who restored Christianity, Swithelm, Sigheri, Offa. This last prince, having made a vow of chastity, notwithstanding his marriage with Keneswitha, a Mercian princess, daugh- ter to Penda, went in pdgrimage to Rome, and sliut himself up during the rest of his life in a cloister. Selred, his successor, reigned thirty-eight years, and was the last of the royal line ; the failure of which threw the kingdom into great confusion, and reduced it to dependence xmder Mercia. Switherd first ac- cjnired the crown, by the concession of the Mercian princes ; and his death made way for Sigeric, who ended his life in a pilgrimage to Rome. His successor, Sigered, unable to defend his kingdom, submitted to the victorious arms of Egbert. THE KINGD05I OF SUSSEX. The history of this kingdom, the smallest in the Hep- tarchy, is still more imperfect than that of Essex. iEUa, the founder of the monarchy, left the crown to his son, Cissa, who is chiefiy remarkable for his long reign of seventy-six years. Dui'ing his time, the Soutli Saxons fell almost into a total dependence on the king- dom of Wcssex ; and we scarcely know the names of the princes who were possessed of this titular sove- reignty. Adehvalch, the last of them, was subdued in battle by Ceadwalla, king of Wessex, and was slain, in the action, leaving two infant sons, who, falling into the hands of the conqueror, were murdered by him. The abbot of Retford opposed the order for this execution ; but coidd only prevail on Ceadwalla to suspend it till they should be baptized. Bercthun and Audhun, two noblemen of character, resisted some time the violence of the West Saxons ; but their opposition served only to prolong the miseries of their country ; and the sub- duing of this kingdom v/as the first step which the West Saxons made towards acquiring the sole mo- narchy of England. THE KINGDOM OF WESSEX. Tlie kingdom of Wcssex, which finally swallowed np all the other Saxon states, met with great resistance on its first establishment ; and the Britons, who were no\v inured to arms, yielded not tamely theirpossessions to those invaders. Cerdic, the founder of the monarchy, and his son, Kenric, fought many successful and some unsuccessful battles against the natives ; and thcmartial spirit common to all the Saxons, was, by means of these hostiUties, carried to the greatest l\eight among this tribe. Ceaulin, who was the son and successor of Kenric, and wlm began his reign in OGO, was still move ambitious and enterprising than his predecessors ; and t'liAl'. ].] THE HEPTARCHY. 20 bf waging coiilinual war against the Britons, he added a great part ot the counties of Devon and Somerset to his other dominions. Carried along by the tide of success, he invaded the other Saxon states in liis noigli- bourliood ; and, becoming terrible to all, ho provoked a general confederacy against him. This alliance proved successful under the conduct of Ethelbort, king of Kent; and Ceaulin, who had lost the affec- tions of his own subjects by his violent disposition, nnd had now fallen into contempt from his misfortunes, was expelled the throne, and died in exile and misery. Cuichelme and Cuthwin, his sons, governed jointly the kingdom, till the expulsion of the latter in 50\, and the death of the form-r in 593, made way for Cealric ; to whom succeeded Ccobald in 593, by whoso death, which happened in GU, Kynegils inherited the crown. The prince embraced Christianity, through tlie ]ier- euasion of Oswald, king of Northumberland, who had man-ied his daughter, and who had .attained a great as- cendant in the Uejitarchy. Kenwaleh next succeeded to the monarchy ; and, dying in C72, left the succession SO much disputed, that Sexburga, his widow, a woman of spirit, kept possession of the government till her death, ivhich hajipened two years after. Kscwin then peaceably acquired the crown ; and, after a short reign of two years, made way for Kentwin, who governed nine years. C'eodwalln, his successor, mounted not the throne without opposition ; but proved a great prince, according to the ideas of those times; that is, he was enterprising, warlike, and successful : lie entirely sub- dued the kingdom of Sussex, and annexed it to his own dominions : he made inroads into Kent ; but met with resistance from Widrcd, the king, who proved success- ful against MoUo, brother to Ccodwalla, and slew him in a skirmish. Ceodwalla, at last, tired with wars and bloodshed, was seized with a fit of devotion, bestowed several endowments on the church, and made ,a pil- g:j-image to Rome, where he received baptism, and died in C39. Ina, his successor, inherited the military vir- tues of Ceodwalla, and added to them the more valu- able ones of justice, policy.and prudence. lie made war upon the Britons in Somerset ; and having finally sub- dued that province, he treated the vanquished with a liunianity hitlierto unknown to the Saxon conquerors: he allowed the proprietors to retain possession of their lands, encournged marriages and alliances between them and his ancient subjects, and gave them the pri- vilege of being governed by the same laws: these laws lie augmented and ascertained ; and, though he was dis- turbed by some insurrections at home, his long reign of thirty-seven years may be regarded as one of the most glorious and most prospei'ous of the Ileptai'chy. In the decline of his age, he made a pilgrimage to Rome ; j and.after his return, shut liimself up iu a cloister, where he died. Though the kings of Wessex had always been | princes of the blood, descended from C'erdic, the founder of the monarchy, the order of succession had been far from exact ; and a more remote prince had often found | means to mount the throne, in preference to one de- scended from a nearer branch of the royal family. Ina, therefore, having no children of his own, and lying much under the influence of Ethelburga, liis queen, ; left by will the succession to Adelai'd, her brother, : who was his remote kinsman. But tliis destination did not take place without some difBculty. Osv.'ald, a ' prince more nearly allied to the crown, took amis against Adelard ; hut he being suppressed, and dying soon after, the title of Adelard was not any further disputed ; and in the year 741, he was succeeded by his cousin, Cudrcd. The reign of this prince was distin- guished by a great victory which he obtained, by means of Edelhun, his general, over Ethelbald, king of Alercia. His death made way for Sigebert, his kins- man, who governed so ill, that his peojjle rose in an in- surrection, and dethroned him, crowning Cenulj'h in his stead. Tl.e exiled prince found a refuge with duke , Ciuubran, governor of Hampshire ; who, that he might I .add new obligations to Sigebert, gave him miny &\.\\\- tary counsels for his future conduct, accompanied with some reprehensions for the past: hut these were bo much resented by the ungrateful prince, that he con- spired against the life of his protector, and treacher- ously murdered him. After this infamous action, ho w\as forsaken by all the world ; and, skulking about in the wilds and forests, was at last discovered by a ser- ■\-ant of f'unibran's, wlio instantly took revenge upon him for the murder ef his master. C'enul]ih, v.ho had obtained the crown on the expul- sion of Sigebert, was fortunate in many expeditions against the Britons of Cornwall; but afterwards lost some reputation by his ill success against Offa, king of Mercia. Ivyuchard, also, brother to the deposed Sige- bert, gave him disturbance; .and, though expelled the kingdom, he hovered on the frontiers, and watched an opjiortunity for attacking his rival. The king had an intrigue with a young woman who lived at l\lerton in Surrey, whither having secretly retired, he was on a sudden environed, in the night-time, by Kynehard and his followers, and, after making a vigorous resistance, was murdered with all his attendants. The nobility and people of the neighbourhood, rising next day in anus, took revenge on Kynehard for the slaughter of their king, and put every one to the sword wlio had been engaged in that criminal enterprise. This event happened in 784. Brithric next obtained possession of the government, though remotely descended from the royal family; but he enjoyed not that dignity without inquietude. Eoppa, nejihew to king Ina, by his brother Ingild, who died before that prince, had begot Eata, father toAlchmond, from whom sprung Egbert, a young m,an of the most promising hopes, who gave great jealousy to Brithric, the reigning prince, both because he seemed by his birth better entitled to the crown, and because he had acquired, to an eminent degree, the affections of the l)eople. Egbert, sensible of his danger from the sus- picions of Brithric, secretly withdrew into France, where he was well received by Charlemagne. By living in the court, and serving in the armies of that prince, the most able and most generous that had appeared in Europe during several ages ; he acquired those accom- plishments wliich afterwards enabled liim to make such a shining figure on the throne ; and tamiliarizing himself to the manners of the French, who, as Malmes- bury observes, were eminent both for valour and civility above all the western nations, he learned to polish the rudeness and barbarity of the Saxon cliaracter: his early misfortunes thus proved of singular advantage to him. It was not long ere Egbert had opportunities of dis- playing his natural and acquired talents. Brithric, king of Wessex, had married Eadburga, natural daughter of Offa, king of Mercia, a profligate woman, equally infa- mous for cruelty and for incontinence. Having great influence over her husband, she often instigated him to destroy such of the nobihty as were obno.xious to her; and where this expedient failed, she scrupled not being herself active in traitorous attempts against them : she had mi.xed a cup of poison for a young nobleman, who had acquired her husband's friendship, and had on that account become the object of her jealousy ; but, un- fortunately, the king drank of the fatal cup along with his favourite, and soon after expired. This tragical incident, joined to her other ermies, rendered Eadburga so odious, that she was obliged to fly into France ; whence Egbert was at the same time recalled by the nobility, in order to ascend the throne of his ancestors. lie attained that dignity in the last year of the eighth century. In the kingdoms of the Heptarchy, an exact rule of succession was either unknown, or riot strictly ob- served ; and thence the reigning jirince was continually agitated with jealousy against all the princes of the blood, whom he still considered as rivals, and whose death alone could give him entire secm-ity in liisfos- • K 80 THE HISTORY OF ENGLAND. [Chap, I. session of the throne. From this fotal c.inso, together with tho admiration of the monastic life, and the opinion of merit attending the preservation of chustity even in a married state, the royal families had been entirely extinguished in all the kingdoms, except that of Wessex; and the emulations, suspicions, and con- spiracies, which had formerly been confined to the princes of the blood alone, were now diffused among all tlie nobihty in the several Saxon states. Egbert was the sole descendant of those first conquerors who subdued Britain, and who enhanced their authority by claiming a pedigree from Woden, the suji-reme divinity of their ancestors: but that prince, though invited by this favourable circumstance to make attempts on the neighbouring Saxons, gave them for some time no dis- turbance, and rather chose to turn his arms against the Britons in Cornwall, whom he defeated in several battles : he was recalled from the conquest of that country by an invasion made upon his dominions by Bernnlph, king of Mercia. The Jlercians, before the accession of Egbert, had very nearly attained the absolute sovereignty in the Heptarchy: they had reduced the East- Angles under subjection, and established tributai-y princes in the kingdoms of Kent and Essex : Northumberlarid was involved in anarchy ; and no state of any consequence remained but that of Wessex, which, much inferior in extent to Jlercia, was supported solely by the gi'eat qualities of its sovereign. Egbert led his army against the invaders ; and, encountering them at EUandum in Wiltshire, obtained a complete victory, and, by the great slaughter which he made of them in their flight, gave a mortal blow to tlie power of the Mercians. Whilst he himself, in prosecution of his victory, en- tered their country on the side ot Oxfordshire, and threatened the heart of their dominions ; he sent an army into Kent, commanded by Ethelwolph, his eldest son ; and, expelling Baldred, the tributary king, soon made himself master of that country. The kingdom of Essex was conquered with equal facility ; and the East- Angles, from their hatred to the Mercian government, wliich had been established over them by treachery and violence, and probably exercised with tyi'anny, immediately rose in arms, and craved the protection of Egbert. Bernulf, the Mercian king, who marched against them, was defeated and slain ; and two years after, Ludican, his successor, met with the same fate. These insurrections and calamities facilitated the en- terjiriscs of Egbert, who advanced into the centre of the Mercian territories, and made easy conquests over a dispirited and divided people. In order to engage them more easily to submission, he allowed Wiglef, their couutryman, to retain the title of king, while he himself exercised the real powers of sovereignty. The anarchy which prevailed in Nortlunnberland tempted him to carry still further his victorious arms ; and the inhabitants, unable to resist his power, and desirous of possessing some established form of government, were forward, on his first appearance, to send depu- ties, who submitted to his authority, and swore al- legiance to him as their sovereign. Egbert, how- ever, still allov.'cd to Northumberland, as he had done to Mo-cia and East-Angha, the power of elect- ing a king, who paid liim tribute, and was dependent on him. Thus were united all the kingdoms of the Heptarchy in one gi-eat state, near four hundred years after the first arrival of the Saxons iaBritain ; and the fortunate arms and prudent policy of Egbert at last effected what had been so often attempted in vain by so many princes. Kent, Northumberland, and Mercia, which had successively aspired to general dominion, were now incorporated in his empire ; and the other subor- dinate kingdoms seemed willingly to share tho same fate. His territories were nearly of the same extent Vrithwliat is now properly called England; and a fa- vourable prospect was aflbrded to the Anglo-Saxons, of establishing a civilized monai-chy, possessed of tran- quillity within itself, and secure against foreign invasion. Tliis great event happened in tlie year 827. The Saxons, though they had been so long settled in the island, seem not as yet to have been mucli imjiroved beyond their German ancestors, either in arts, civility, knowledge, huma.Tvity, justice, or obedience to the laws. Even Christianity, though it opened the way to con- nexions between them and the more polished states of Europe, had not hitherto been very effectual in banish- ing their ignorance, or softening their barbarous man- ners. As they received that doctrine througli the corrupted channels of Rome, it carried along with it a great mixture of crediUity and superstition, equally destructive to the understanding and to morals : the j-everence towards saints and relics seems to have al- most supplanted the adoration of the Supreme Being: monastic observances were esteemed more meritorious than the active virtues : the knowledge of natural causes was neglected, from the universal belief of miraculous interpositions and judgments : bounty to the church atoned for every violence against society; and the remorses for cruelty, murder, treachery, assas- sination, and the more robust vices, were appeased, not by amendment of life, but by penances, servility to the monks, and an abject and illiberal devotion."" The reverence for the clergy had been carried to such a height, that, wherever a person appeared in a sacer- dotal habit, though on the highway, the people flocked around him, and showing him all marks of profound respect, received every word he uttered as the most sacred oracle. Even the military virtues, so inherent in all the Saxon tribes, began to be neglected ; and the nobility, preferring the security and sloth of tho cloister to the tumults and glory of war, valued themselves cliiefly on endowing niouasteries,of which theyassumed the government. The several kings, too, being ex- tremely impoverished by continual benefactions to the church, to which the states of their kingdoms had weakly assented, could bestow no rewards on valour or military sei-vices, and retained not even suflScient influence to support their government. Another inconvenience which attended this corrupt species of Christianity, was the superstitious attach- ment to Rome, and the gradual subjection of the kingdom to a foreign jurisdiction. The Britons, hav- ing never acknowledged any subordination to the Ro- man pontiff, had conducted all ecclesiastical govern- ment by their domestic synods and councils : but the Saxons, receiving their religion from Roman monks, were taught at the same time a profound reverence for that see, and were naturally led to regard it as the capital of their religion : pilgrimages to Rome were represented as the most meritorious acts of devotion: not only noblemen and ladies of rank undertook this tedious journey, but kings themselves, abdicating their crowns, souglit for a secure passport to heaven at the feet of the Rom.au pontiff: new relics, perpetually sent from that endless mint of superstition, and magni- fied by Ijing miracles invented in convents, operated on the astonished minds of the multitude; and every prince has attained the eulogies of the monks, the only historians of those ages, not in proportion to his civil and military virtues, but to his devoted attachment towards their order, and his superstitious reverence for Rome. The sovereign pontiff, encouraged by this blindness and submissive disposition of the people,advanccd every day in his encroachments on the independence of the English churches. Wilfrid, bishop of Lidisferne, the sole prelate of tlie Northumbrian kingdom, increased this subjection in the eighth century, by his making an appeal to Rome against the decisions of an English * These abuses were eommnn to all Ihc Eiiroiican churches; hut tho priests in liaiy, Spain, and f;;uil niatle snme atfiuement for thein by nthct Hdvantases which they relldeictl scciecy. Klt several a^es tlicy were ahiiost ail llomans, or, in other wordG, llic ancient natiics ; "iid they presrned the IJ Oman lanftuaKc and laws, with some remains of tlic former civility. Hut the priests in the Heptarchy, alter the first missiorarits, were wholly Saxons, and almost as ignorant and .arharousas the laity: they contribute*!, thrn»- lore. little to the improvement of the societ? inhnowled^or theut& Chap. II.] EGBERT. 827. 31 synod, which had abridged lus diocese ty the erection of some new bishoprics. Agatho, the pope, readily embraced this precedent of an appeal to his court; and Wilfrid, though the haughtiest and most luxurious prelate of his age, having obtained with the people the character of sanctity, was thus able to lay the founda- tion of this papal pretension. The great topic by which Wilfrid confounded the ima^nations of men was, that St. Peter, to whose custody the keys of hoaveu were entrusted, would certainly refuse admittance to every one who should be wanting in respect to his successor. This conceit, well suited to vulgar conceptions, made great impres- sion on the people during several ages ; and h !s not even at present lost all influence in the Cathohc rountries. Had this abject superstition produced general peace and tranquillity, it b.ad made some atonement for tlie ills attending it ; but, besides the usual avidity of men for power and riches, frivolous controversies in theology were engendered by it, which were so much the more fatal, as they admitted not, like the others, of any final determination from established possession. The dis- putes excited in Britain were of the most ridiculous kind, and entirely worthy of those ignorant and barba- rous ages. There were some intricacies, obsen-cd by all the Christian churches, in adjusting the day of keeping Easter, which depended on a complicated considerivtion of the course of the sun and moon ; and it happened that the missionaries who had converted the Scots and Britons had followed a different calen- dar from that which was observed at Kome in tlie age when Augustine converted the Saxons. The priests, also, of all the Christian churches, were accustomed to shave part of their head; but the form given to this tonsure was different in the foiincr from wliat was practised in the latter. The Scots and Britons pleaded the antiquity of their usages; the Komans, and their disciples the Saxons, insisted on the universality of thehs That Easter must necessarily be kept by a rule which comprehended both the day ot the year and age of the moon, was agreed by all; that the tonsure of a priest could not be omitted without the utmost im- piety, was a point undisputed : but the Romans and S.ixons called their antagonists schismatics, because they celebrated Easter on the very day of the full Rioon in Starch, if that day fell on a .Sunday, instead of waiting till the Sunday following; and because they shaved the fore part of their head from ear to ear, in- stead of making that tonsure on the crown of the head, and in a circular form. In order to render their antagonists odious, they affirmed that once in seven years they concurred with the Jews in the time of celebrating that festival : and, that they might recom- mend their own form of tonsure, they maintained, that it imitated symboUeally the crown of thorns worn by Christ in his passion; whereas the other fonn was in- vented by Simon JIagus, without any regard to that representation. These controversies had, from the beginning, excited such animosity between the British and Uomish priests, that, instead of concurring in their endeavours to convert the idolatrotis Saxons, they re- fused all communion together, and each regai-ded his opponent as no better than a Pagan. The dispute lasted more than a century ; and was at last finished, not by men's discovering the folly of it, which would have been too great an effort for human re.ison to accomplish, but by the entue prevalence of the Romish ritual over the Scotch and British. Wilfrid, bishop of Landisferne, acquired great merit, both with the court of Rome and with all the southern S.\xons, by expel- ling the quartodeciman schism, as it was called, from the Northumbrian kingdom, into which the neighbour- hood of the Scots had fomierly introduced it. Theodore, archbishop of Canterbury, called, in the year 6!iO, a synod at Hatfield, consisting of all the bishops in Britain; where was accepted and ratified the decree of the Lateran councU, summoned by Atartin against the heresy of the Monotholites. The council and synod maintained, in opposition to these heretics, that, though the divine and human nature in Christ made but one person, yet had they different inclina- tions, wills, acts, and sentiments, and that the unity of the person implied not any unity in the consciousness- This opinion it seems somewhat difficult to compre- hend ; and no one, unacquainted with the ecclesiastical history of those ages, could imagine the height of zeal and violence with which it was thou inculcated. The decree of the Lateran council calls the Mouothelitcs impious, execrable, wicked, abominable, and even dia- bolical; and curses and anathematizes them to all eternity. The Saxons, from the first introduction of Christianity among them, had admitted the use of images ; and per- haps that religion without some of those exterior orna- ments had not made so quick a jjrogress with these idolatei's : but they had not paid any species of woi-ship or address to images ; and this abuse never prevailed among Christians till it received the s.-'-iiclloa of tho second council of Nice. CHAPTER II. Egbert EthclOT,lf Etlicllald and Ktnelbert- Ureac— — F.ihrard the Elder Athehian — tdwy Edgar Eduard the Martyr. —Etllcrcd- - Edmund— -Alfred ttis - EJrcd EGBERT. 827. nj^'HE kingdoms of the Heptarchy, though united by -»- so recent a conquest, seemed to be firmly cemented into one state under Egbert; and the inhabitants of the several provinces had lost all desire of revolting from that monarch, or of restoring their former inde- pendent governments. Tlieir language was everywhere nearly the same, their customs, laws, institutions, civil and religious ; and as the race of the ancient kings w.as totally extinct in aU the subjected states, the people readily transferred their allegiance to a prince who seemed to merit it by the splendour of his victories, the vigour of his administration, and the superior nobility of his birth. A union, also, in government, opened to them the agreeable prospect of future tranquillity ; and it appeared more probable, tiiat they would henceforth become formidable to their neigh- bours, than be exposed to their inroads and devasta- tions. But these flattering views were soon overcast by the ajipearance of the Danes, who, during some centuries, kept the Anglo-Saxons in perpetual in- quietude, committed the most barbarous ravages upon them, and at last reduced them to grievous servitude. The emperor Charlemagne, though naturally gene- rous and humane, had been induced by bigotry to exer- cise great severities upon the Pagan Saxons in Ger- many, whom he subdued ; and, besides often ravaging their country with fire and sword, he had in cool blood decimated all the inhabitants lor their revolts, and had obliged thein, by the most rigorous edicts, to make ru seeming compliance with the Christian doctrine. That religion which had easily made its way among the British Saxons by insinuation and address, appeared shocking to their German brethren when imposed on them by the violence of Cliailemagne ; and the more generous and warlike of tliese Pagans had fled north- v?ard into Jutland, in order to escape the fury of liis persecutions. Meeting there with a people of similar mannere, they were readily received among them ; and they soon stimulated the natives to concur in enter- prises which both promised revenge on the haughty conqueror, and afforded subsistence to those numerous inhabitants with which the northern countries were now overburthened. They invaded the provinces of France, which were exposed by the degeneracy and dis- sensions of Charlemagne's posterity; and beins; there ■i-2 THE HISTORY OF ENGLAND, [Chap. If, known under the gencnil name of Novnians, which they received from their northeii situation, they became the terror of all the maritime, and even of the inland coun- tries. 1 iiey were also tempted to visit Enf;land in their frequent excui'sions; and being able, by sudden inroads, to make great progress over a jjeojile «ho were not de- fended by any naval force, wlio iiad relaxed their mili- tary institutions, and who v.-ere sunk into a superstition which had become odious to the Danes and ancient Sax- ons, they made no distinction in their hostilities between the French and English kingdoms. Their first a]i])ear- ance in this island was in the year 787, when Brithiic reigned in Wessex ; a small body of tliem landed in that kingdom, with a view of learning the state of the country; and when the magistrate of the place ques- tioned them concerning their enterprise, and sum- moned them to appear before the king, and account for their intention.;, they killed him, and, flying to their ships, escaped into their own country. The next alarm v.as given to Northumberland, in the year 794, when a body of these pirates pillaged a monastery; but their ships being much damaged by a storm, and their leader slain in a skirmish, they were at last defeated by the inhabitants, and the remainder of them put to the sword. Five years after Egbert had established his monarchy over England, the Danes landed in the Isle of Shepey, and, having pillaged it, escaped with inii)unity. They were not so fortunate in their next year's enterprise, when they disembarked from thirty-five ships, and were encountered by Eg- bert, at Charmoulh in Dorsetshire: the battle was bloody; but though the Danes lost great numbers, they maintained the post wliicli they had taken, and thence made good their retreat to their ships. Having learned, by experience, that they must expect a vigo- rous resistance from tliis warlike prince, they entered into an alliance with the Britons of Cornwall; and, lauding two years after in that country, made an in- road with their confederates into the county of Devon ; but were met at Hengesdown by Egbert, and totally defeated. While England remained in this state of anxiety, and defended itself more by temporary expe- dients than by any regular plan of administration, Eg- bert, who alone was able to provide effectually against tliis new evil, unfortunately died, and left the govern- ment to his son Ethelwolf. ETHELWOLF. 838. This priuce had neither the abilities nor the vigour of his father ; and was better qualified for governing a convent than a kingdom. He began hisreign with making a partition of his dominions, and dehvcring over to his eldest son, Athelstan, the newly conouered provinces ol Esse.x, Kent, and Sussex : but no incon- veniencies seem to have arisen frcm this partition, as the continual terror of the Danish invasions prevented all domestic dissension. A fleet of these ravagers, con- sistmg of thirty-three sail, api)eared at Southampton ; but were repulsed with loss by Wolfhcre, governor of the neighbouring country. The same year, "jEthclhelm, governor of Dorsetshire, routed another baud which had disembarked at Portsmouth; but he obtained the victory after a furious engagement, and lie bought it with the loss of his life. Next year the Danes made several inroads into England ; and fought battles, or rather skirmishes, in East-Anglia, and Liudesey, and Iveut; where, though they were sometimes reinilscd and defeated, they always obtained their end, of com- mitting spoil upon the country, and carrvin-^ oft' their booty. They avoided coming to a general" en^a-^ement which was not suited to their plan of operationi Their vessels were small, and ran easily up the creeks and i rivers, where they drew them ashore, and, liavin.^ formed an mtrenchment round them, which they guarded with part of their number, the remainder scattered themselves everywiiere, and carryin.r off the inhabitants, and cattle, and goods, they hastened to their ships, and quickly disappeared. If the mili- tary force of the county were assembled (for there was no time for troops to march from a distance) the Danes either were able to repulse thcni, and to con- tinue their ravages with impunity, or they betook themselves to their vessels, and, setting sail, suddenly invaded some distant quarter wI't-Ii was not prepared for their reception. Every part of England was held in continual alarm ; and the inhabitants of one county durst not give assistance to those of another lest their own families and property should in the mc-n time be exposed by their absence to the fury of these barba- lous ravagers. All orders of men were involved in this calamity; and the priests and monks, who had been commonly spared in the domestic quarrels of the Heptarchy, were the chief objects on which the Danish idolaters exercised their rage and animosity. Every season of the year was dangerous ; and tlie absence of the enemy was no reason why any man could esteem himself a moment in safety. These incursions had now become almost annual ; when the Danes, encouraged by their successes against France as well as England, (for both kingdoms were alike exposed to this dreadful calamity,) invaded the last [851] in so numerous a body as seemed to thi-eaten it with universal subjection. But the English, more military than the Britons, whom, a few centuries be- fore, they had treated with like violence, roused them- selves with a vigour proportioned to the exigency. Ceorle, governor of Devonshire, fought a battle with one body of the Danes at Wiganburgh, and put them to rout with great slaughter. King Athelstan attacked anotlier at sea near Sandwich, sunk nine of their ships, and put the rest to flight. A body of them, however, ventured, for the first time, to take up winter-quarters in England ; and, receiving in the spring a strong re- enforcement of their countrymen in three hundred and fifty vessels, they advanced from the Isle of Thanet, where they had stationed themselves ; burnt the cities of London and Canterbury ; and, having put to flight Brichtric, who now governed llercia luuler the title of king, they marched into the heart of Surrey, and laid every place waste around them. Ethehvolf, impelled by the urgency of the danger, inarched against them at the head of the West Saxons ; and, carrying with him his second son, I'.thclbald, gave them battle at Okely, and gained a bloody victory over them. This advantage procured but a short respite to the English. The Danes still maintained their settlement in the Isle of Thanet; and being attacked by h'allier and lluda, governors of Kent and Surrey, though defeated in the beginning of the action, they finally repulsed the as- sailants, and killed both the governors. They removed thence [853] to the Isle of Shepey, where they took up their winter-quarters, that they might further ex- tend their devastation and ravages. This unsettled state of I'.nglaiid hindered not Ethel- wolf from making a pilgrimage to Rome ; whither he carried his fourth and favourite son, Alfred, then only six years of age. He passed there a twelvemonth in exercises of devotion ; and failed not in that most essen- tial part of devotion, liberality to the church of Rome. Besides giving presents to the more distinguished ec- clesiastics, he made a perpetual grant of three hundred mancuses*ayear to that see; one-third to support the lamps of St. Peter's, another those of St. Paul's, a third to the pope himself. In his return home, he married Judith, daughter of the emperor Charles the Bald ; but on his landing in England, he met with an opposition v,-hieli he little looked for. His eldest son, Athelstan, being dead, Ethelbald, his second, who had assumed the government, formed, in concert with many of the nobles, tlie project of exclud- ing his father from a throne which his weakness and superstition seem to have rendered him so ill-qualified to fill. The people were divided between the two • A rr.nnciis was abnjt the wtislitof our present half-ci >\yn. See Spcl- r.ian ! Glossal)', in verln Mmcus. Chap. 1 1.] ALFRED, 871—901. 63 princes ; and a bloody civil war, joined to all the other calamities under wl;ich tlie English laboured, appeared inevitable; wlien Eth'-hvolf had tlie facility to yield to ihe greater part of liis son's pretensions. IIo made ^vith him a partition of the kingdom; and, taking to himself the e;«cern part, which was always at that time esteemed the least considerable, as well as the most exposed, he delivered over to Etlielbald the sovereignty of the western. Immediately after, he Rummoned the states of tlie whole kingdom, and with the same facility conferred a p?i-pctual and important donation on the church. The ecclesiastics, in those days of ignorance, made "^pid advances in tlie acquisition of power and gran- icur ; and, inculcating the most absurd and most interested doctrines, though they sometimes met, from the contrary interests of the Inity, with an opposition which it required time and address to overcome, tlicy found no obstacle ia their reason or understanding. Not content with the donations of land made them by the Saxon princes and nobles, and with temporaiy ob- lations from the devotion of the people, they had cast a wishful eye on a vast revenue, which they claimed as belonging to tliem by a sacred and indefeasible title. However little versed in the scriptures, they had been able to discover tliat, under the Jewish law, a tenth of all the produce of land was conferred on the priest- liood ; and, forgetting what they themselves taught, that the moral part only of that law was obligatory on Christians, they insisted tliat this donation conveyed a perpetual projierty, iuh.^rent by divine right in those who officiated at tlie aUar. During some centuiies, the wliole scope of sermons and homilies was dli-ectcd to this purpose ; and one would liave imagined, from the general tenor of these discourses, that all the practical parts of Cliristianity were comprised in the exact and faithful payment of titlies to tlie clergy. Encouraged by their success in inculcating tliese doc- trines, they ventured further than they were warranted even by tlie Levitical law, and pretended to draw the tenth of all industry, merchandise, wages of labourers, and pay of soldiers : nay, some canonists went so far as to affirm, that the clergy were entitled to the tithe of the profits made by courtesans in the exercise of their profession. Though parishes had been instituted in England by Uonorius, archbishop of Canlerbuiy, near two centuries before, the ecclesiastics had never yet been able to get possession of the tithes : they there- fore seized the present favourable opportunity of mak- ing that acquisition, when a weak, superstitious prince rilled the throne, and when the people, discouraged by their losses from the Danes, and terrified with the fear of future invasions, were susceptible of any impression which bore the appearance of religion. So meritorious was this concesbion deemed by the English, that, trust- ing entirely to supem.atui-al assistance, they neglected the ordinary means of safety ; and agreed, even in the present desperate extremity, that the revenues of the church should bo exempted from all burthens, though iniposed for national defence and security. ETHELBALD AND ETHELBEUT. tu7. Ethclwolf lived only two years after making this grant ; and, by his will, he shared England between his two eldest sons, Ethelbald and Ethelbert ; the west being assigned to the fonner, the east to the latter. Ethelbald was a profligate prince ; and marrying Ju- dith, liis mother-in-law, gave great offence to the peo- ple ; but, moved by the remonstrances of Swithun, bishop of Winchester, he was at last prevailed on to divorce her. Uis reign was short ; and Ethelbert, his brother, succeeding to the government, [C08,] behaved himself, d'\ring a reign of five years, in a manner more worthy of liis birth and station. The kingdom, however, was Still infested by the Danes, who made an inroad, and sacked Winchester, but were there defeated. A body, also, of these pirates, who were quartered in the Isl.^ of', Vol. L Thanet, having deceived the English by a treaty, un- expectedly broke into Kent, and committed great outrages. ETHERED. RC.G. Ethelbert was succeeded by his brother Ethereil, who, though he defended himself with bravery, en- joyed, during his whole reign, no tranquillity from those Danish irruptions. His younger brother, Alfred, seconded him in all his enterprises ; and generously sacrificed to the public good all resentment which ho might entertain on account of his being excluded by Ethered from a large patrimony which had been left him by his father. The first landing of the Danes in the reign of Ethsrcil was among the East-Angles, who, more anxious for their present safety than for the common interest, entered into a separate treaty with the enemy; and furnished them with horses, which enabled them to make an irruption by land into the kingdom of Nor- thumberland. They there seized the city of York ; and defended it against Osbricht and .'Ella, two Northum- brian princes, who perished in the assault. Encouraged by these successes, and by the superiority which they had acquired in arms, they now ventured, under the command of Hinguar and Hubba, to leave the sea- coast ; and, penetrating into Mercia, they took up their winter-quarters at Nottingham, where they threatened the kingdom with a final subjection. The Mercians, in this extremity, applied to Ethered for succour; and that prince, with his brother Alfred, conducting a great army to Nottingham, obliged the enemy to dislodge, and to retreat into Northumberland. [870.] Their rest- less disposition, and their avidity for plunder, allowed them not to remain long in those quarters: they broke intoEast-Anglia ; defeated and took prisoner Edmund, the king of that country, whom they afterwards mur- dered in cool blood ; and, committing the most barba- rous ravages on the people, particularly on the monas- teries, they gave the East-Angles cause to regret the tempoi-aiy relief which they had obtained, by assisting the common enemy. The next station of the Danes [871] was .at Reading, whence they infested the neighbouring country by their incursions. The Mercians, desirous of shaking off their dependence on Ethered, refused to join him with their forces; and that prince, attended by Alfred, was obliged to march against the enemy with the West-Saxons alone, his hereditary subjects. The Danes, being de- feated in an action, shut themselves up in their garrison; but, quickly making thence an iniiption, they routed the West-Saxons, and obUged them to raise the siege. An action soon after ensued at Aston iu Berkshire, where the English, in the beginning of the day, were in danger of a total defeat. Alfred, advancing with one division of the army, was surrounded by the enemy in disadvantageous ground ; and Etiicred, who was at that time hearing mass, refused to march to his assist- ance till prayers should be finished : but as he after- wards obtained the victoiy, this success, not the danger of Alfred, was ascribed by the monks to the piety of that monarch. This battle of Aston did not terminate ' the war : another battle was a little after fought a. Easing, where the Danes were more successful; and being re-enforced by a new array from their own countiy, they became eveiy day more terrible to the English. Amidst these confusions, Ethered died of a wound which he had received in an action with the Danes ; and left the inheritance of his cares and mis- fortunes, rather than of his grandeur, to liis brother Ahred, who was now twenty-two years of age. ALFRED. 871. This prince gave very early marks of thosa jfronf virtues, and shining talents, by wliieli, during the most difficult times, he saved his country from utter ruia aud subversion. Ethelwolf, his tath.er, the ye.ir after ■ F 84 THE HISTORY OF ENGLAND. [Chap. II liis return with Alfred from Home, Iiad again sent the yoHnf» prince thither with a mimerous retinue ; and a rc])ort bcinj; spread of the kinjf's death, t)ie pope, Leo III. save Alfred the royal unction; whether prognos- ticating his future greatness, from the appearances of liis pregnant genius ; or willing to pretend, even in tliat nge, to the right of conferring kiugdoms. Alfred, on liis return Iionie, became every day more the object of liis father's affections ; but being indulged in all youth- ful pleasures, he was much neglected in his education ; and lie had already reached his twelfth year, when he was yet totally ignorant of the lowest elements of lite- rature. His genius was first roused by the recital of Saxon poems, in which the queen took delight ; and this species of emdition, which is sometimes able to make a considerable progress even among baibaiians, expanded those noble and elevated sentiments which he had received from nature. Encouraged by the queen, and stimulated by his own ardent inclination, he soon learned to read those compositions ; and pro- ceeded thence to acquire the knowledge of the Latin tongue, in which he met with authors that better prompted his heroic spirit, and directed his generous views. Absorbed in these elegant pursuits, he regarded liis accession to royalty rather as an object of regret than of triumph; but being called to the throne, in preference to his brother's children, as well by the will of his father, a circumstance which had great authority with the Anglo-Saxons, as by the vows of the whole nation, and the urgency of ])ublic affiiirs, he shook off his Uterary indolence, and exerted himself in the de- fence of liis people. He had scarcely buried his brother, when he was obliged to take the field, in order to oppose the Danes, who had seized Wilton, and were exercising their usuf.l ravages on the countries around. He marched against them with the few troops which he could assemble on a sudden ; and, giving them battle, gained at first an advantage ; but, by his pursu- ing the victory too far, the superiority of tlie enemy's numbers prevailed, and recovered them the day. Their loss, however, in the action, was so considerable, that, fearing Alfred would receive daily re-enforcement from his subjects, they were content to stipulate for a safe retreat, and promised to depart the Idngdom. For that purpose they were conducted to London, and allowed to take up winter-quarters there ; but, careless of their engagements, they immediately set themselves to the committing of spoil on the neighbouring country. Burrhod, king of MercLa, in whose ten'itorics London was situated, made a new stipulation with them, and engaged them, by presents of money, to remove to Lindesey in Liucohisliire ; a country which they had already reduced to ruin and desolation. Finding, there- fore, no object in that place either for their rapine or violence, they suddenly turned back upon Meicia, in a quarter where they expected to find it without defence; and, fixing theii- station at Repton in Perbysliire, they laid the whole country desolate with fire and sword. Burrhed, despairing of success against an enemy , whom no force could resist, and no treaties bind, j abandoned liis kingdom, and, flying to Rome, took shelter in a cloister. He was brother-in-law to Alfred, : and the last who bore the title of king in Mercia. The West-Saxons were now the only remaining power in England ; and, though supported by the vigour and abilities of Alfred, they were unable to ' sustain the efforts of those ravagers, who from all | quarters invaded them. A new swarm of Danes came j over this year [875] under three princes, Guthrum, Oscital, and Amund; and, having first joined their countrymen at Rejiton, they soon found the necessity j of separating, in order to provide for their subsistence. Part of them, under the command of Ilaldene, their chieftain, marched into Northumberland, where they fixed their quarters: part of them took quarters at Cambridge, whence they dislodged in the ensuing sum- mer, and seized Wercham, in the county of Dorset, the very centre of Alfred's dominions. That prince so ' straitened them in these quarters, that they were con- tent to come to a treaty with him, and stipulated to depart his countr)'. Alfred, well acquainted with t'ntir usual perfidy, obliged them to swear upon the holy reUcs to the observance of the treaty ; not that he expected they would pay any veneration to the relics ; but he hoped, that, if they now violated this oath, their impiety would infalUbly draw down upon them the vengeance of Heaven. But the Danes, little apprehensive of the danger, suddenly, without seeking any pretence, fell I'.jion Alfred's army ; and, having pnt it to rout, marched westward, and took possession o£ Exeter. The prince collected new forces, and exerted such vigour, that he fought in one year eight battles with the enemy,* and reduced them to the utmost extremity. He hearkened, however, to new proposals of peace ; and was satisfied to stipulate with them, that they would settle somewhere in England, and would not peraiit the entrance of more ravagers iuto the kingdom : but, while he was expecting the execution of tliis treaty, which it seemed the interest of the Danes themselves to fulfil, he heard that another body had landed, and, having collected all the scattered troops of their countrymen, had surprised Chippen- ham, then a considerable town, and were exercising their usual ravages all around them. This last incident quite broke the spirit of the Saxons, and reduced them to despair. Finding that, after all the miserable havoc wliich they had undei- gone in their persons and in their property, after all the vigorous actions which they had exerted in their own defence, a new band, equally greedy of spoil and slaughter, had disembarked among them, they believed themselves abandoned by Heaven to destruction, and delivered over to those swanns of robbers which the fertile north thus incessantly poured forth against them. Some left their country, and retired into Wales, or fled beyond sea: others submitted to the conquerors, in hopes of appeasing their fury by a ser\'ile obedience; and eveiy man's attention being now engrossed in con- cern for his own preservation, uo one would hearken to the exhortations of the king, who summoned them to make, under his conduct, one effort more in defence of their prince, their country, and their Ubertics. Al- fred liimself was obliged to relinquish the ensigns of his dignity, to dismiss his servants, and to seek shelter, in the meanest disguises, from the pursuit and fury of liis enemies. He concealed himself under a peasant's habit, and lived some time in the house of a neatherd, who had been entrusted with the care of some of his cows. There passed here an incident, which has been recorded by all the historians, and was long preserved by popular tradition ; though it contains nothing me- morable in itself, except so far as every circumstance is interesting which attends so much virtue and dig- nity reduced to such distress. The wife of the neatherd was ignorant of the condition of her royal guest ; and, observing him one day busy by the fire-side in trim- ming his bow and arrows, she desired him to take care of some cakes which were toasting, wliile she was em- ployed elsewhere in other domestic aflfiiii's : but Alfred, whose thoughts were otherwise engaged, neglected this injunction ; and the good woman, on her return, finding her cakes all burnt, rated the king veiy se- verely, and upbraided him, that he always seemed very well pleased to eat her warai cakes, though he was thus negligent in toasting them. By degrees, Alfred, as he found the search of the enemy become more remiss, collected some of his retainers, and retired into the centre of a bog, formed by the stagnating waters of the Thone and Parret, in Somersetshire. He here found two acres of firm ground ; and, building a habitation on them, ren- dered himself secure by its fortifications, and still more by the unknown and inaccessible roads which led to it, and by the forests and moi-asses with which it was every way en vironed. This jilace lie called iEthe- * The Saxon Chron. p. 62. sjiys time bnUkfij. AJUrKJEB JBJEJFemiE ■iriHIE BAKKSffll ©lEHEmAJU. Chap. I I.J ALFRED. 871—901. 55 lingay, or the Isle of Nobles ; and it now bears the name of Athelney. He tliciice made frequent and unexpected sallies upon the Danes, who often felt the vigour of his arm, but knew not from what quarter the blow came. He subsisted himself and his followers by tlie plunder which he acquired : he procured tlieni consolation by revenge ; and, from small successes, he opened their minds to hope, that, notwithstanding his present low condition, more important victories might at length attend his valour. Alfred lay here concealed, but not inactive, during a twelvemonth ; when the news of a prosperous event reached his ears, and called him to the field. Hubba, the Dane, having spread devastation, fire, and slaughter over Wales, bad landed in Devonshire from twenty- three vessels, and laid siege to the castle of Kinwith, a place situated near the mouth of the small river Tau. Oddune, earl of Devonshire, witli his followers, had taken shelter there ; and, being ill supplied with pro- visions, and even with water, he determined, by some vigorous blow, to prevent the necessity of submitting to the barbarous enemy. He made a sudden sally on the Danes before sunrising ; and, taking them unpre- pared, he put them to rout, pursued them with great slaughter, killed Ilubba himself, and got possession of the famous Rcafen, or enchanted standard, in wliicli the Dan-^s put great confidence. It contained the figure of a raven, which had been inwoven, by the three sisters of Iliiiguar and Hubba, with many magi- cal incantations, and which, by its difierent movements, prognosticated, as the Danes believed, the good or bad success of any entcrpiise. When Alfred observed this sjTiiptom of successful resistance in his subjects, he left his retreat ; but be- fore he would assemble them in arms, or urge them to any attempt, which, if unfortunate, might, iu their pre- sent despondency, ijrove fatal, he resolved to inspect, himself, the situation of the enemy, and to judge of the probability of success. For this purpose he entered their camp under the disguise of a harper, and passed iins'jspcctcd through every quarter. He so entertained them with his music and facetious humours, tliat he met with a welcome reception ; and was even intro- duced to the tent of Guthrum, their prince, where he remiiined some days. He remarked the supine sceu- rity of the Danes, their contempt of the English, their negligence in foraging and plundering, and their disso- lute wasting of wliat they gained by rapine and vio- lence. Encouraged by these favourable appearances, he secretly sent emissaries to the most considerable of his subjects, and summoned them to a rendezvous, at- tended by their warlike followers, at Crixton, on the borders of Selwood forest. The English, who had hoped to put an end to their calamities by senile sub- mission, now found the insolence and rapine of the conqueror more intolerable than all past fatigue and dangers ; and at the appointed day they joyfully resorted to their prince. On his appearance, they received him with shouts of applause ; and could not satiate their eyes with the sight of this beloved monarch, whom they had long regarded as dead, and who now, with voice and looks expressing liis confi- dence of success, called them to liberty and to ven- geance. He instantly conducted them to Eddington, where the Danes were encamped ; and, taking advan- tage of his previous knowledge of the place, he directed his attack against the most unguarded quarter of the enemy. The Danes, surprised to see an army of English, whom they considered as totally subdued, and still more astonished to hear that Alfred was at their head, made but a faint resistance, notwithstand- ing their superiority of number, and were soon put to flight with great slaughter. The remainder of the routed ai-my, with their prince, was besieged by Alfred in a fortified camp, to which they fled ; but being re- duced to extremity by want and hunger, they had re- course to the f leraency of the victor, and ofi'ered to Bubmit on any conditions. The king, no less generous than brave, gave them their lives ; aud even foraied a scheme for converting them, from mortal enemies, into faithful subjects and confederates. He knew that the kingdoms of East-Anglia and Nortlmmberland were totally desolated by the frequent inroads of the Danes; and lie now proposed to repeople them, by settling thei-e Guthrum and his followers. He hoped that tho new planters would at least betake themselves to in- dustry, when, by reason of his resistance, and the ex- hausted condition of the country, they could no longer subsist by plunder ; aud that they might serve him as a rampart against any future incursions of their coun- trymen. But, before he ratified these mUd conditions with the Danes, he required that they should give him one pledge of their submission, and of tlieir inclination to incorporate with the English, by declaring their conversion to Cliristianity. Guthrum and his army had no aversion to tlia proposal; and, witliout mucli instruction, or argument, or conference, they were all admitted to baptism. The king answered for Guth- rum at the font, gave him the name of Athelstan, and received him as his adopted son. The success of this expedient seemed to correspond to Alfred's hopes : the greater part of the Danes settled peaceably in their new quarters [8S0] : some smaller bodies of the same nation, which were dis- persed in Jlercia, were distributed into the five cities of Derby, Leicester, Stamford, Lincoln, and Notting- ham, and were thence called the Fif or Five-burghera. The more turbulent and unquiet made an expedition into France, under the command of Hastings ; and, except by a short incursion of Danes, who sailed up the Thames, and landed at Fullmm, but suddenly re- treated to their ships on finding the country iu a pos- ture of defence, Alfred was not for some years infested by the inroads of those barbai-ians. The king employed this interval of tranquillity iu restoring order to the state, which had been shaken by so many violent convulsions ; in establishing civil aud military institutions ; in composing the minds of men to industry and justice, and in providing against the return of like calamities. He was, more properly than his grandfather Egbert, the sole monarch of the Eng- lish, (for so tlie Saxons were now universally called,) because the kingdom of Mercia was at last incorpo- rated in his state, and was governed by Ethelbert, his brother-in-law, who bore the title of Earl : and though the Danes, who peopled East-Anglia and Northumber- land were for some time ruled immediately by their own princes, they all acknowledged a subordination to Alfred, and submitted to his superior authority. As equality amongst subjects is the great source of con- cord, Alfred gave the same laws to the Danes aud English, and put them entirely on a like footing iu the administration both of civil and crimiiuil justice. The fine for the murder of a Dane was the same with that for the minder of an Englishman ; tho gre:it symbol of equality in those ages. Tho king, after rebuilding the ruined cities, particu- larly London, which had been destroyed by the Danes in the reign of Ethelwolf, established a regular militia for the defence of the kingdom. He ordained that all his people should be armed and registered ; he assigned thom a regular rotation of duly ; he distributed part into the castles and fortresses, which he built at pro2)er places ; he required another part to take tlrs field on any alarm, and to assemble at stated places of rendez- vous ; and he left a sufficient number at home, who were employed in the cultivation of the land, and who afterwards took their turn in military service. The whole kingdom was like one great garrison ; and the Danes could no sooner appear in one place, than a suf- ficient number was assembled to oppose them, without leaving tiie other quarters defenceless or disarmed. But Alfred, sensible tliat the proper method of 0}>- posing an enemy, who made incursions by sea, was \o meet them on their own element, took care to provide himself with a rnvvxiX force, wliich, thouffb tlie most 36 THE HISTORY OF ENGLAND [Chap. II. natural dofence of an island, had hitherto been totally lipglcctod Iij- the l-'.nKlisli. Ho increased t!ie shipping of his kingdom biilh in number and in strengtli; and trained his subjects in the practice, as well of sailingas of naval action, lie distributed his armed vessels in jirojier stations round tlie island ; and was sure to meet the Danish sliips either before orafter tliey liad landed their troops, and to pursue them in all their incursions. Though the Danes might suddenly, by surprise, disem- bark on the coast, which was generally become deso- late by their frequent ravages, they were encountered by tlie English fleet in tlieir retreat ; and escajied not, as formerly, by abandoning their booty, but paid, by their total destruction, the penalty of the disorders which they had committed. In this manner Alfred repelled several inroads of the.se piratical Danes, and maintained Ins kingdom during some years in safety and tranquillity. A Heet of a liundred and twenty ships of war was stationed upon the coast; and being provided with warlilco en- gines, as well as with expert seamen, both Frisians and English, (for Alfred supplied the defects of his own subjects by engaging able foreigners in Iiis service,) maintained a superiority over those smaller bands, with which England had so often been infested. But at last Hastings, the famous Danish chief, having ravaged all the provinces of France, both along the sea-coast and the Loire and Seine, and being obliged to quit that country, more by the desolation whicli he liimself had occasioned, than by the resistance of the inhabitants, a])pcared oft' the coast of Kent with a tleet of three hundred and thirty sail. The greater part of the enemy disembarked in tlie Kother, and seized the fort of Apuldor. Hastings himself, commanding a fleet of eighty sail, entered tlie Thames, and, fortifying iMilton in Kent, began to spread his forces over tlie country, and to commit tlie most destructive ravages. But Alfred, on the first alarm of this descent, flew to the defence of his people, at tlie head of a select band of soldiers, whom he always kept about his person ; and, gathering to him the armed niihtia from all quarters, a])peared in tlie field with a force superior to the enemy. All straggling parties, whom necessity, or love of plunder, had drawn to a distance from their chief encampment, were cut oft' by the English; and these pirates, instead of increasing their sjioil, found themselves cooped up in their fortifications, and obliged to subsist by the jdunder which they had brought from France. Tired of this situation, which must in theend prove ruinous to tlieni, the Danes at Apuldore rose suddenly from their encampment, witli an intention of marching towards the Thames, and passing over into lCsse.\ : but tliey escaped not the vigilance of Alfred, who eiicounterod tliem at Farnliam, put them to rout, seized all their horses and baggage, and cliased the runaways on board their ships, which carried them up the Collie to IMerscy in Essex, whore they entrenched themselves. Hastings, at tlie same time,and probably by concert, made a like movement ; and, deserting Milton, took possession of Baniflete, near the Isle of Canvey, in the same county ; where he liastily threw np fortifications for his defence against the power of Alfred. Unfortunately for the English, Guthrnni, prince of the East-Anglian Danes, was now dead ; as was also Ciuthred, whom tlie king had appointed governor of the Northumbrians ; and those restless tribes, bcinn- no longer restrained by the autliority of their princes, and being encouraged by the appearance of so great a body of their countiynien, broku into rebellion, shook oft' tlie autliority of Alfred, and, yielding to their in- veterate habits of war and depredation, embarked on board two hundred and forty vessels, and appeared be- fore Exeter, in the west of England. Alfred lost not a moment in opposing this new enemy. Having left some forces at London to make head against Hastings nnd tlie other Danes, he marched suddenly to the west; and, falling on the rebels befox-o they were : aware, pursued thoni to their ships with great slaugli- tcr. These ravageis, sailing next to Sussex, began to jdunder the country near C'hichester : but the order which Alfred had e-very where established sufficed here, without liis presence, for the defence of the place ; and the rebels, meeting with a new repulse, in which many of them were killed, and some of their ships taken, were obliged to put again to sea, and were dis- couraged from attempting any other enterprise. Meanwhile, the Danish invaders in Essex, having united their force under the command of Hastings, ad- vanced into the inland country, and made spoil of all around them ; but soon bad reason to repent of their temerity. The English army left in London, assisted by a body oi' the citizens, attacked the enemy's en- trenchments at Baniflete, overpowered the garrison, and, having done great execution upon them, carried off the wife and two sons of Hastings. Alfred gene- rously spared these captives ; and even restored them to Hastings, on condition that he should depart the kingdom. But though the king liad thus honourably rid him- self of this dangerous enemy, he had not entirely sub- dued or expelled the invaders. The piratical Danes willingly followed in an excursion any prosperous leader who gave them hopes of booty ; but were not so easily induced to relinquish their enterprise, or sub- mit to return, baffled and without plunder, into their native country. Great numbers of them, after the de- parture of Hastings, seized and fortified Shobury, at the mouth of the Thames ; and, having left a garrison there, they marched along tlie river, till they came to Boddington, in the county of Gloucester ; -where, being re-enforced by some Welsli, they threw up entrench- ments, and prepared for their defence. Tlie king liere surrounded them with the whole force of liis domi- nions ; and as he had now a certain prospect of victory, he resolved to trust nothing to chance, but rather to master his enemies by famine than assault. They were reduced to such extremities, that, having eaten their own horses, and having many of them perished with hunger, they made a desperate sally upon the English ; and, though the greater number fell in the action, a considerable body made their escape. These roved about for some time in England, still pursued by tlie vigilance of Alfred ; they attacked Leicester ^'.■ith success, defended themselves in Hartford, and then fled to Qaatford, wliere they were finally broken and subdued. The small remains of them either dis- persed tlieinsclves among their countrymen in Nor- thumberland aud East-Anglia, or had recourse again to the sea, where they exercised piracy under the command of Sigefert, a Northumbrian. This free- booter, well acquainted with Alfred's naval prepara- tions, had framed vessels of a new construction, higher, and longer, and swifter than those of the English : but the long soon discovered ids superior slcill, by building vessels still higher, and longer, and swifter than those of the Northumbrians ; and, falling upon them wliile tliey were exercising their ravages in the west, he took twenty of their ships; and having tried all the pri- soners at Winchester, he hanged them as pirates, the common enemies of mankind. The well-timed severity of this execution, togetlier witli the excellent posture of defence established eveiy- where, restored full tranquillity in England, and pro- ^'ided for the future security of the government. The East-Anghan and Northumbrian Danes, on the first appearance of Alfred upon their frontiers, made anew the most humble .submissions to him ; and he thought it prudent to take them under his immediate govern- ment, without establishing over them aviceroy of their own nation. The "Welsh also acknowledged his autho- rity ; and this great prince had now, by prudence and justice, and valour, established his sovereignty over all the southern parts ot the island, from the Enghsh CHiannel to tjie frontiei-s of Scotland ; when he died, [901,] in the vigour of liis age, :md the full strength of Chap. 11 ] AI-FRED, 871—901. 37 Lis faculties, after a glorious reij^ of twcnty-nino years and a half, in wliicli he deservedly attained the appellation of Alfred the Great, and the title of Foun- der of the EnffUsh monarchy. The merit of this prince, both in private and public life, may with advantage be set in o])i)osition to that of any monarch or citizen wliicli the annals of any age or any nation can present to us. lie seems, indeed, to be the model of that perfect character, wliich, under the denomination of a sage or wise man, philosoph.vrs have been fond of delineating, rather as a fiction of their imagination, than in hopes of ever seeing it really ex- isting; — so happily were all his virtues tempered to- gether ; so justly were they blended ; and so powerfully did each prevent the other from exceeding its proper boundaries ! lie knew how to reconcile the most enterprising spirit with the coolest moderation ; the most obstinate perseverance with the easiest flexi- bility; the most severe justice with the gentlest lenity; the greatest vigour in commaudmg with the most per- fect affability of deportment ; the highest capacity and inclination for science with the most shining talents for action. Ilis civil and military virtues are almost equally the objects of our admiration ; excepting, only, that the former, I)eing more rare among jirinces, as well as more useful, seem chiefly to challenge our ap- plause. Nature, also, as if desirous that so bright a production of her skiU should be set in the fairest light, liad bestowed on him every bodily accomplish- ment, vigour of limbs, dignity of shape and air, with a pleasing, engaging, and open countenance. Fortune alone, by throwing him into that barbarous age, de- prived him of historians worthy to transmit his fanm to posterity; and we wish to see him delineated in more lively colours, and with more particular strokes, that we may at least perceive some of those small specks and blemishes from which, as a man, it is im- possible he could be entirely exempted. Bat we should give but an imperfect idea of Alfred's merit, were we to contine our narration to his mili- tary exploits, and wore not more particular in our account of his institutions for the execution of jus- tice, and of liis zeal for the encouragement of arts and Bciences. After Alfred had subdued, and had settled or ex- pelled the Danes, he found the kingdom in the most wretched condition, desolated by the ravages of those barbarians, and thrown into disorders which were cal- culated to per])etuate its misery. Though the great armies of the Danes were broken, the country was full of straggling troops of that nation, who, being accus- tomed to live by plunder, were become incapable of industry ; and who, from the natural ferocity of their mannei-s, indulged themselves in committing violence, even beyond what was requisite to supply their neces- sities. The English themselves, reduced to the most extreme indigence by these continued depredations, hail Bhakenoff ,all hands of government; and those who had been plundered to-day, betook themselves next day to the like disorderly life, and, from despair, joined the robbers in pillaging and ruining their fellow-citizens. These were the evils for which it was necessary that the vigilance and activity of Alfred should provide a remedy. That ho might render the execution of justice strict and regular, lie divided all England into counties : these counties ho subdivided into hundreds; and the hundreds into tithings. Every housi'liolder was an- swerable for the behaviour of his family and slaves, and even of his guests, if they lived above three days in his house. Ten neighbouring householders were formed into one corporation ; who, under the name of a tithing, decennary, or fribourg, were auswerable for eacli other's conduct ; and over whom one person, called a tithingnian, hcadbourg, or borsholder, was appointed to preside. Every nuin was punished as an outlaw who did not register himself in some tithing; lad ni) man could change his habitalion without a warrant or certificate from the borsholder of the tith- ing to which he formerly belonged. When any person in any tithing or decennary w.os guilty of a crime, the borsholder was summoned to answer for him ; and if he were not willing to bvt surety for his appearance, and his clearing himself, the criminal was committed to prison, and there de- tained till his trial. If he tied, either before or after finding sureties, the borsholder and decennary became liable to inquiry, and were exposod to the penalties of law : thirty-one days were allowed them for producing the crimiual ; and if the time elapsed without their being able to find him, the borsholder, with two other members of the decennar}-, was obliged to appear, and together with three chief members of the three niMgh- bourlng decennaries, (making twelve in all,) to swear that his decennary was free from all privity, both of the crime committed, and of the escape of the crimi- nal. If the borsholder could not find such a number to answer for their innocence, the decennary was com- pelled by fine to make satisfaction to the king, aecord- ing to the degree of the offence. Cy this institution, every man was obliged, from his own interest, to keep a watchful eye over the conduct of his neighbours; and was, in a manner, surety for the behaviour of those who were placed under the division to whieh ho be- longed : whence these decennaries received tlio name of frank-pledges. Such a regular distribution of the people, with such a strict confinement in their habitation, may not be necessary in times when men are more inured to obe- dience and justice ; and it might perhaps be regarded as destructive of liberty and commerce in a polished state : but it was well calculated to reduce that fierce and Ucentious people under the salutary restraint of law and government. Cut Alfred took care to temper these rigours by other institutions favourable to the free- dom of the citizens ; and nothing could be more popu- lar and liberal than his plan fur the administration of justice. The borsholder summoned together his whole decennary, to assist him in deciding any lesser difttr. ence which occurred among the members of this small community. In afl'airs of greater moment, in appeals from the decennary, or in controversies arising be- tween members of different decennaries, the causs was brought bi-fore the hundred, which consisted of ten decennaries, or a hundred families of freemen, and which was regularly assembled once in four weelis for the deciding of causes. Their method of decision de- serves to be noted, PS being the origin of juries; an institution admirable in itself, and the best calculated for the preservation of liberty, and the administration of justice, that ever was devised by the wit of man. Twelve freeholders were chosen ; who, having sworn, together with the hundreder, or presiding magistrate of that division, to administer impartial justice, pro- ceeded to the examination of that cause which was submitted to their jurisdiction. And, beside theso monthly meetings of the hundred, there was an an- nual meeting, appointed for a more general inspection of the police of the district, for the inquiry into crimes, the correction of abuses in magistrates, and the obhg- ing of every person to show the decennary in which ho was registered. The people, in imitation of their ancestors, the ancient Germans, assembled there in arms ; whence a hundred was sometimes called a wa- pentalce; and its court served both for the support of militai-y disciphne, and for the administration of civil justice. The next superior court to that of the hundred was the county-court, which met twice a year, after Mi- chaelmas and Easter, and consisted of the freeholders of the county, who possessed an equal vote in the de- cision of causes. The bishop presided in this court, together with the alderman ; and the proper object of the court was the receiving of appeals from the hun- dreds and decennaries, and the deciding of such con. ti-ovcrsies as arose between men of different hundreds. 38 THE HISTORY OF ENGLAND. LCh\p. 11. Formerly, the alderman possessed both the civil and military authority; hut Alfred, sensible that this con- junction of powers rendered the nobility dangerous and independent, appointed also a sheriff in each county, who cuioyed a co-ordinate authority with the former in the judicial function. Ilis ofKco also empowered him to guard the rights of the crown in the county, and to le\-}' the fines imposed, which in that age formed no couteniptible part of the public revenue. There lay an appeal, in default of justice, from aU these courts, to the lung himself in council ; and as the people, sensible of the equity and great talents of Al- fred, placed their chief confidence in him, he was soon overwhelmed with appeals from aU parts of England. He was indefatigable in the dispatch of these causes ; but finding that" his time must be entirely engi-ossed by this branch of duty, he resolved to obviate the in- convenience, by correcting the ignorance or corruption of the inferior magistrates, from which it arose. He took care to have his nobility instructed in letters and the law: he chose the earls and sheriff's from among the men most celebrated for probity and knowledge : he piinished severely all malversation in office; and he removed all the earls whom he found imequal to the trust ; allowing only some of the more elderly to serve by a deputy, till tlieir death shoidd make room for more worthy successors. The better to guide the magistrate in the administra- tion of justice, Alfred framed a body of laws; ■which, though now lost, served long as the basis of Englisli jurisprudence, and is generally deemed the origin of what is denominated the cojimon law. He appointed regular mectuigs of the states of England twice a year in London ; a city which he himself had repaired and beautified, and which he thus rendered the capital of the kingdom. The similarity of these institutions to the customs of the ancient Germans, to the practice of the other northern conquerors, and to the Saxon laws during the Heptarchy, prevents us from regarding Al- fred as the sole author of tliis plan of government ; and leads us rather to tliink, that, like a wise man, he con- tented himself with reforming, extending, and execut- ing the institutions which he found pre^^ously estab- Ushed. But, on the whole, such success attended his legislation, that everything bore suddenly a new face in England : robberies and iniquities of all kinds were repressed by the punishment or reformation of tlie criminals : and so exact was the general police, that Alfred, it is said, hung up, by way of bravado, golden bracelets near the highways ; and no man dared to touch them. Yet, amidst tliese rigours of justice, this great prince preserved the most sacred regard to the liberty of his people ; and it is a memorable sentiment preserved in his will, that it was just the English should for ever remain as free as their own thoughts. As good morals and knowledge are almost insepa- rable in every age, though not in every individual, the caie of Alfred for the encouragement of learning among his subjects, was another useful branch of his legisla- tion, and tended to reclaim the English from their former dissolute and ferocious manners : but the Icing was guided in his jiursuit, less by political \'iews, than by his natural bent and propensity towards letters. When he came to the throne, he found the nation Bunk into the gi-ossest ignorance and barbarism, pro- ceeding from tlie continued disorders in the govern- ment, and from the ravages of the Danes : the monas- teries were destroyed, tl\e monks butchered or dis- persed, their libraiies burnt ; and thus the only seats of erudition in those ages wore totally subverted. Al- fred himself complains, that on his accession he knew not one person, south of tlie Thames, who could so nmch as interpret the Latin sen-ice ; and very few in the northern parts who had even reached that pitch of erudition. But this prince invited over the most cele- brated scholars from all jiarts of Europe: he established schuois everywhere for the instruction of his people: he founded, at least repaii'ed, the uaivereity of Oxford, and endowed it with many privileges, revenues, and iin- nninities: ho enjoined, by law, all freeholders possessed of two hydes* of land,or more, to send their children to school, for their instruction ; he gave preferment, both in church and state, to such onlj' as had made some jiroficiency in knowledge : and, by all these expedients, he had the satisfaction, before his death, to see a great change in the face of affairs; and in a work of his, which is still extant, he congratulates himself on the progi-esa w'hicli learning, under his patronage, had already made in England. But the most effectual expedient employed by Alfred for the encouragement of learning, was liis own exam- ])!e, and the constant assiduity with which notwith- standing the multipUcity and urgency of his aftairs, he employed himself in the pursuits of knowledge. He usually divided his time into three equal portions : one was emplojed in sleep, and the refection of his body by diet and exercise ; another, in the dispatch of busi- ness ; a third, in study and devotion : and, that ho might moie exactly measure the hours, he made use of burning tapers of equal length, which he fixed in lanterns ; an expedient suited to that rude age, when the georaetiy of dialling, and the mechanism of clocks and watches, were totally unknown. And by such a regular distribution of his time, though he often la- boured under great bodily infirmities, this martial hero, who fought in person fifty-six battlesby sea and land, v.'as able, during a life of no extraordinary length, to acquire more knowledge, and even to compose more books, than most studious men, though blessed with the greatest leisure and application, have, in more fortunate ages, made the object of their unin- terrupted industry. Sensible that the people, at all times, especially when their imderstandings are obstructed by igno- rance and bad education, are not much susceptible ot speculative instruction, Alfi-ed endeavoured to convey his morality by apologues, parables, stories, apoph- thegms, couched in poetry ; and, besides jjropagating among his subjects former compositions of that kind which he found in the Saxon tongue, he exercised his genius in inventing works of a like nature, as well as in translating from the Greek the elegant Fables of .33sop. He also gave Saxon translations of Orosius's and I3ede's histories, and of Boethius concerning the consolation of philosophy. And he deemed it nowise derogatory from his other great characters of sove- reign, legislator, warrior, and politician, thus to lead the way to his people in the pursuits of literature. Jleanwhile, this prince was not negligent in en- couraging the vulgar and mechanical arts, which have a more sensible, though not a closer connexion with the interests of society. He invited, from all quarters, industrious foreigners to repeople his coun- try, which had been desolated by the ravages of the Danes. He introduced and encouraged manufactures of all kinds; and no inventor or improver of any inge- nious art did he suffer to go unrewarded. "He prompted men of activity to betake themselves to navigation, to push commerce into tlie most remote countries, and to acquire riches by propagating industry among theii* fellow-citizens. He set apart a seventh portion of lag own revenue for maintaining a number of workmen, whom he constantly employed in rebuilding the ruined cities, castles, palaces, and monasteries. Even the ele- gancies of life were brought to him from the Mediter- ranean and the Indies ; and his subjects, by seeing those productions of the peaceful arts, were taught to resjiect the virtues of justice and industry, from which alone they could arise. Both U\'ing and dead, Alfred was regarded by foreigners, no less than by his own subjects, as the greatest prince after Charlemagne that had appeared in Europe during several ages, and as one of the wisest and best that ever adorned the annals of any nition. * A hj'de ci)nlainp(! land suflScient to employ one plough. See H. Hunt, lib. G, in A.U. luoa. Ann.'il, Wnvi-rl. In A.D. IU83. Gcn'Me of I'lllmiy sayB, It commonly conbiined about 100 act:::. CnAP. II.] ATHELSTAN, 925—941. 39 Alfred had, by liis wife Ethelswitha, dau<^hter of a Mercian earl, three sons and three daughters. The eldest son, Edmund, died without issue, iu his father's Ufetirae : the third, Kthelward, inherited his father's passion for letters, and lived a private life : the second, Edward, succeeded to his power; and passes by the appellation of Edward the Elder, being the first of that name who sat on the English throne. EDWARD THE ELDER. 901. Tliis prince, who equalled his father in military talents, though inferior to him in knowledge and eru- dition, found, immediately on his accession, a specimen of that turbulent life to wliich all princes, and even all individuals, were exposed, in an age when men, less restrained by law or justice, and less occupied by in- dustry, had no aliment for their inquietude but wars, insurrections, convulsions, rapine, and depredation. EthelwaUl, his cousin-gemiau, son of king Ethelbert, the elder brother of Alfred, insisted on a preferable title; and,arming his partisans, took possession of Win- bourne, where he seemed determined to defend him- self to the last extremity, and to wait the issue of Ids pretensions. But when the king approached the town with a gieat army, Ethelwald, having the prospect of certain destruction, made his escape, and fled, fii-st into Normandy, then into Northumberland, where he hoped that the people who had been recently subdued by Al- fred, and who were impatient of peace, would, on the intelligence of that great prince's death, seize the first pretence or opportunity of rebellion. The event did not disappoint his expectations : the Northumbrians declared for him ; and Ethelwald, having thus con- nected his interests with the Danish tribes, went be- yond sea, and, collecting a body of these freebooters, he excited the hopes of all those who had been accus- tomed to subsist by rapine and \'io!once. The East- Anglian Danes joined his party, the Five-burghers, who •wore seated in the heart of Mercia, began to put them- selves in motion; and the English found that they were again menaced with those convulsions, from which the valour and policy of Alfred had so lately rescued them. The rebels, headed by Ethelwald, made an incur- sion into the counties of Gloucester, Oxford, and Wilts; and, hiiWng exercised their ravages in these places, they retired with their booty, before the long, who had assembled an army, was able to approach them. Edward, however, who was determined that his pre- parations should not be fruitless, conducted his forces into East-Anglia, and retaliated the injuries which the inhabitants had committed, by spreading the like de- vastation among them. Satiated with revenge, and loaded with booty, ho gave orders to retire : but the authority of those ancient kings, which was feeble in peace, was not much better established in the field ; and the Kentish men, greedy of more spoil, ventured, contrary to repeated orders, to stay behind him, and to take up their quarters in Bury. This disobedience proved in the issue fortunate to Edward. The Danes assaulted the Kentish men; but met with so vigorous a resistance, that, though they gained the field of battle, they bought that advantage by the loss of their bravest leaders, and, among the rest, by that of I'^helwald, who perished in the action. The king, freed from the fear of so dangerous a competitor, made peace on advan- tageous terms with the East- Angles. In order to restore Engl.ind to such a state of tran- quillity as it was then capable of attaining, nought was wanting but the subjection of the Northumbrians, who, assisted by the scattered Danes in Jlercia, continually infested the bowels of the kingdom. Edward, in order to divert the force of these enemies, prepared a fleet to attack them by sea ; hoping that, when his ships appeared on their coast, they must at least remain at home, and pro\ide for their defence. But the North- umbrians were less anxious to secure their own pro- {♦Tty, than greedy to commit spoil on their enemy; and, concluding that the chief strength of the English was embarked on board the fleet, they thought the opportunity favourable, and entered Edward's territo- ries with all their forces. The Idng, who was prepared against this event, attacked them on their return at Tetenhall in the county of Stafford, put them to rout, recovered all the booty, and pursued them with great slaughter into their own countiy. All the rest of Edward's reign was a scene of con- tinued and successful action against the Northum- brians, the East-Angles, the Five-burghers, and the foreign Danes who invaded him from Normandy and Britanny. Nor was he less provident iu putting his kingdom in a posture of defence, than vigorous in assaiUting the enemy. He fortified the towns of Chester, iCddesbury, Warwick, Cherbury, Buckingh.am, Towcester, Maldon, Huntingdon, and Colchester. Ho fought two signal battles at Temsford and Maldon. Ho vanquished Th'irketUl, a great Danish chief; and obliged him to retire with his followers into France, in quest of spoil and adventures. He subdued the East-Angles, and forced them to swear allegiance to him ; he expelled the two rival princes of Northum- berland, Reginald and Sidroc, and acquired, for the present, the dominions of that proWnce : several tribes of the Britons were subjected by him; and even the Scots, who, during the reign of Egbert, had, under the conduct of Kenneth, their king, increased their power by the final subjection of the Picts, were nevertheless obliged to give him marks of submission. In all these fortunate achievements he was assisted by the activity and prudence of his sister EtheMeda, who was widow of Ethelbert, earl of Mercia, and who, after her hus- band's death, retained the government of that pro- vince. This princess, who had been reduced to ex- tremity in child-bed, refused afterwards all commerce with her husband ; not from any weak superstition, as was common in that age, but because she deemed all domestic occupations unworthy of hor masculine and ambitious spirit. She died before her brother ; and Edward, during the remainder of his reign, took upon himself the immediate government of Mercia, which before had been entrusted to the authority of ,a go- vernor. The Saxon Chronicle fixes the death of tliis prince in 925 : his kingdom devolved to Athelstan, his natural son. ATHELSTAN. 925. The stain in this prince's birth was not, in those times, deemed so considerable as to exclude him from the throne ; and Athelstan, being of an age, as well as of a capacity, fitted for government, obtained the pre- ference to Edward's younger cliildren, who, though legitimate, were of too tender years to rule a nation so much exposed both to foreign invasion and to domestio convulsions. Some discontents, however, prevailed on bis accession ; and Alfred, a nobleman of considerable power, was thence encom-aged to enter into a conspiracy against him. This incident is related by historians with circumstances which the reader, according to tha degree of credit he is disposed to give them, may im- pute either to the invention of monks, who forged them, or to their artifice, who found means of making them real. Alfred, it is said, being seized upon strong suspicious, but without any certain proof, firmly denied the conspiracy imputed to him; aud in order to justify himself, he ottered to swear to his innocence before the pope, whose person, it was supposed, contained such superior sanctity, that no one could presume to give a false oath in liis presence, and yet hope to escape the immediate vengeance of Heaven. The king accepted of tho condition, and Alfred was conducted to Rome; where, either conscious of his i>nnocence, or neglecting the superstition to which he appealed, he ventured to make the oath required of liim, before John, who then filled the papal chair. But no sooner had he pronounced the fatal words, than he fell into 40 THE HISTORY OF ENGLAND fClTAP. IT. convulsions, of wliicli three davs aftov lie expired. The king, as if tlie guilt uf tlio conspirator were now fully nsceitained, confiscated his estate, and made a present of it to the monastery of Mahneibnry; secure that no doubts would ever thenceforth be entertained con- t^erning the justice of his proceedings. The dominion of Athelstan was no sooner estab- lished over his Enf,lish subjects, than he endeavoured to give security to the government, hy providing against the insurrections of the Danes, which had created so much disturbance to his predecessors. He marched into Northumberland ; and finding that the inhabitants bore with impatience the English yoke, he thought it prudent to confer on Sithric, a Danish nobleman, the title of king, and to attach him tu his interests, by giving him his sister, Editlia, in marriage. But this policy proved, by accident, the sonrcc of dangerous consequences. Sitlirio died in a, twelve- month after ; and his two sons by a former maniage, Anlaf and Godfrid, founding pretensions on their father's elevation, assimied the sovereignty without waiting for Athelstan's consent. They were soon expelled by the power of that monarch; and tlie former took shelter in Ii-elaud, as the latter did in Scotland ; where he received, during some time, jiro- tection from Constantine, who then enjoyed the crown of tliat kingdom. The Scottish prince, however, con- tinually solicited, and even menaced by Athelstan, at last promised to deliver up his gue.st; but secretly de- testing this treachery, he gave Godfrid warning to make his escape ; and that fugitive, after subsisting by ])iracy for some years, freed the king, by his death, ti-om any further anxiety. Athelstan, resenting Con- stantino's behaviour, entered Scotland with an army; and ravaging the country with impunity, ho reduced the Scots to such distress, that their king was content to preserve his crown, by making submissions to the enemy. The English historians assert, that Constan- tine did homage to Athelsian for his kingdom ; and they add, that the latter prince, being urged by his courtiers to jiush the present favourable Ojiportiniity, and entirely subdue Scotland, replied, tliat it was more glorious to confer than conquer kingdoms. But those annals, so uncertain and impeifect in themselves, lose all credit, when national prepossessions and ani- mosities have place : and on that account, the Scotch historians, who, without having any more knowledge of the matter, strenuously deny the fact, seem more worthy of behef. Constantine, whether he owed the retaining of his crown to the moderation of Athelstan, who was un- willing to employ all his advantages against him, or to the policy of that prince, who esteemed the humilia- tion of an enemy a greater acquisition than the sub- jection of a discontented and mutinous people, thought the behaviour of the English monarch more an oliject of resentment than of gratitude. He entered into a confederacy with Anlaf, who had collected a great body of Danish pirates, whom he found hovering in the Irish seas; and with someWelsh princes, who were terrified at tlie growing power of Athelstan: and all these allies made by concert an irru])tion with a great army into England. Athelstan, collecting his forces, met the enemy near Brunsbury in Northumberland, and defeated them in a general engagement. This victory was chiefiy ascribed to the valour of Turketul, the ICnglish chancellor : for in those turbulent ages no one was so much occupied in civil employments, as wholly to lay aside the military character.* Tliere is a circumstance not unwoitliy of notice which historians relate, with regard to tlie transactions of this war. Anlaf, on the ajiproach of the English army, thought that he could not venture too much to ' ensure a fortunate event; and employing the artifice ' formerly practised by Alfred against the Danes, he ' • The nffire nf chailfellor among the Anglo Snxons rc3embled more thftt of il srcretRn of slaw, tlmn tliat of oiir pivaenr chaucdlor. ba-^p.-lmaii m vbac ' ClLticcUamUi* t entered the enemy's camp iu the iiahit of a minstrel. The stratagem was for the present attended witlv like success. Ho gave such satisfaction to the soldiers, flocked about him, that they introduced him to the king's tent ; and Anlaf, having jikiyed before that jirince and his nobles during their repast, was dis- missed with a handsome reward. His prudence kejit him from refusing the present ; but his pride deter- mined him, on his departure, to bury it, \vhile he fancied that he was unespied by all the world. But a soldier in Athelstan's camp, who had formerly served under Anlaf, had been struck with some suspicion on the first appearance of the minstrel ; and was engaged by curiosity to observe all his motions. He regarded this last action as a full proof of Anlaf 's disguise; and he immediately carried the intelligence to Athelstan, who blamed him for not sooner giving him informa- tion, that he might have seized his enemy. But the soldier told him, that, as he had formerly sworn feally to Anlaf, he could never have pardoned himself the treachery of betraying and ruining his ancient master; and that Athelstan himself, after such an instance of his criminal conduct, would have had eiiual I'cason to distrust his allegiance. Athelstan, having praised tlio generosity of the soldier's priiici^'iles, reflected on the incident, which ho foresaw might be attended with important consequences. He removed his station in the camp ; and as the Viishop arrived that evening with a re-enforcemeut of troops (for the ecclesiastics were then no less warlike than the civil magistrates,) he occupied by his train that very place which had been left vacant by the king's removal. The precau- tion of Athelstan was found prudent : for no sooner had darkness f:illen, than Anlaf broke into the camp, and hastening directly to the place where he had left the king's tent, put the bishop to death before he had time to prepare for his defence. There fell several Danish and Welsh princes in the action of Brunsbury; and Constantino and Anlaf made their escajje with difficulty, leaving the greater part of their army on the field of battle. After this success, Athelstan enjoyed his crown in tranquillity; and he is regarded as one of the ablest and most active of those ancient princes. He passed a remarkable law, which was calculated for the encouragement of commerce, and which it required some liberality of mind in that age to have devised — that a merchant, who had mada three long sea-voyages on his own account, should be admitted to the rank of a thane or gentleman. This prince died at Gloucester in the year 041, after a reign of sixteen years, and was succeeded by Edmund, his legitimate brother. EDMUND. 941. Edmund, on his accession, met with disturb.ance from the restless Northumlirians, who lay in wait for every opportunity of brealdng into rebellion. But marching suddenly with his forces into their country, he so over- awed the rebels, that they endeavoured to appease him by the most humble submissions. In order to give him the surer pledge of their obedience, they oft'ered to em- brace Christianity; a religion which the English Danes had frequently professed, when reduced to difficulties, but which, for that vciy rea.son, they regardi^d as a badgo of servitude, and shook off as soon as a favourable op- portunity offered. Edmimd, trusting little to their sin- cerity in this forced submission, used the precaution of removing the Fivc-Iiurghers from the towns of Mercia, in which they had been allowed to settle ; because it was always found, that they took advantage of every commotion, and introduced the rebellious or foreio'U Danes into the heart of the Idngdom. He also con- quered Cumberland from the Britons ; and conferred that territory on Malcolm, king of Scotland, on con- dition that he should do him homage for it, and protect the north from all future incursions of the Danes. Chap II.] I;DRED, 946—955. il EdmuuJ was young when he came to tlic crown; yet was his reign sliort, as his death was violent. One day as he was solemnizing a festival in the county of Glou- ccstfi- he remarked, that Leolf, a notorious robber, whom he had sentenced to l)anishment, had yet the boldness to enter the hall w here he himself dined, and to sit at table with his attendants. Enraged at this insolence, he ordered him to leave the room ; but on his refusing to obey, the king, wliese temper, naturally choleric, was inflamed by this additional insult, leaped on him himself, and seized him by the hair: but the ruf- fian, pushed to extremity,drew his dagger,and gave Ed- mund a wound, of which he immediately expired. This event hajipenod in the year !)4(;, and in the si.xth year of the king's reign. Ednmnd left male issue, but so young, that tlipy were incapable of governing the kingdom ; and his brother, Edred, was promoted to the throne. EDRED. 946. The reign of this prince, as those of his predecessors, was disturbed by the rebellions and incursions of the Northumbrian Danes, who, though frequently quelled, were never entirely subdued, nor had e\'ei' jiaid a sin- cere allegiance to the crown of England. The accession of a new king seemed to tlieni a favourable opportunity for shaking off the yoke ; but on Edred's appearance with an army, they made him their wonted submissions; and the king, having wasted the country with fire and Bword,as a punishment of their rebellion, obliged them to renew their oaths of allegiance ; and he straight re- tired with his forces. Tlie obedience of the Danes lasted no longer than the present teiTor. Provoked at the devastations of Edred, and even reduced by necessity t-o subsist on plunder, they broke into a new rebellion, and were again subdued : but the king, now instnieted by exi)erience, took greater precautions against their future revolt. He tixed English garrisons in their most considerable towns ; and placed over their, an English governor, who might watch all their motions, and sn])press any insurrection on its fii'st appearance. lie obliged also ilalcolm, king of ^^cotland, to renew bis homage for the lauds which he held in England. Edred, though not unwarlike, nor unfit for active life, lay under the influence of the lowest superstition, and had blindly dehvered over his conscience to the guid- ance of Dunstan, commonly called St. Dunstan, abbot of Glastenbuiy, whom he advanced to the liighest otBces, and who covered, under the appearance of sanctity, the most violeut and most insolent ambition Taking advantage of the implicit confidence reposed in him by the king, this churchman imported into Eng- land a new order of monks, who much changed the state of ecclesiastical affairs, and excited, on their first establishment, the most violent comiuolions. From the introduction of Christianity among the Saxons, there had been monasteries in England ; and these establishments had extremely muliiplied, by the donations of the princes and nobles ; whose supersti- tion, derived from their ignorance and precarious life, and increased by remorses for the crimes into which they were so frequently betrayed, knew no other ex- pedient for appeasing the Deity tlian a profuse libe- rality towards the ecclesiastics. But the monks had hitherto been a species of secular priest.s, who lived after the manner of the present canons or jireben- daries, and were both intermingled in some degree with the world, and endeavoured to render them- selves useful to it. They were employed in the educa- tion of youth : they had the disjiosal of their own time and industiy : tlii'y were not subjected to tli'' rigid rules of an order: they had made no vows of im- plicit obedience to their superiors : and they still re- tained the choice, without quitting the convent, either of a married or a single life. But a mis'aken piety had produced in Italy a new speci<'s of monks called Benedictines; who, can-ying fuither the plausible principles of mortification, secluded themaclves en- tirely from the world, renounced all claim to liberty^ and made a merit of the most inviolable chastity. These practices and principles, which sujierstition at first engendered, were greedily embi-.iced and pi-o. moted by the policy of the court of Kome. The Itonian pontifi^, who was making every day great ad- vances towards an absolute sovereignty over the eccle- siastics, perceived that the celibacy of the clergy alone could break oif entirely their connexion with the civil jjower, and depiiving them of every other object of ambition, engage them to promote, with unceasing in- dustry, the grandeur of their own order, lie was sensible, that so long as the monks were indulged in marriage, and were pennitted to rear families, they never could be subjected to strict discipline, or reiluced to that slavery under their superiors, which was requi- site to procure to the mandates, issued from Rome, a ready and zealous obedience. Celibacy, therefore, began to be e-xtolled, as the indispensable duty of priests : and the pope imdertook to make all the clergy throughout the western world renounce at once the privilege of maniage: a fortunate policy; but at the same time an undertaking the most difficult of any, since he had the strongest propensities of human nature to encounter, and found that the same con- nexions with the female sex, which generally encou- rage devotion, were here unfavourable to the success of his project. It is no wonder, therefore, that this master-stroke of art should have met with violent con- tradiction, and that the interests of the hierarchy, and the inclinatious of the priests, being now jdaeed in this singular opposition, should, notwithstanding the con- tinued efforts of Rome, have retarded the execution of that bold scheme during the course of near tlu-ee centuries. As the bishops and parochial clergy lived apart with their families, and were more connected with the woild, the hopes of success with them were fainter, and the pretence for making them renounce marriage was much less plausible. But the pope, having cast his eye ou the monks a-s the basis of his authority, was deter- mined to reduce them under strict rules of obedience, to procure them the credit of sanctity by an ai)pear- yliich he Uvcd, may pass for a writer of some elegance ; and it ensured to Dun- Bta.i a reputation which no real piety, mucli less virtue, could, even in tlic most enlightened period, have ever procured him witli tlie people. Supported by the character obtained in his retreat, Duiistan appeared again in the worid ; and gained such an ascendant over Edred, who had succeeded to the crown, as made him not only tlie director of tliat prince's conscience, but his counsellor in the most mo- mentous affairs of government, lie was placed at the head of the treasury, and being thus possessed both of power at court, and of credit with the populace, he was enabled to attempt with success the most arduous enterprises. Finding that this advancement had been owing to the opinion of his austerity, he professed himself a partisan of the rigid monastic rules; and, after introducing that reformation into the convents of Glastenbury and Abingdon, he endeavoured to render it universal in the icingdom. Tlie minds of men were already well prepared for the innovation. Tlie praises of au inviolable chastity had been carried to the highest extravagance by some of the first preachers of Christianity among the Sax- ons: the pleasures of love liad been represented as incompatible with Cliristian perfection : and a total abstinence from all commerce with the sex was deemed such a meritorious penance, as M-as sufficient to atone for the greatest enormities. The consequence seemed natural, that those, at least, who officiated at the altar should be clear of this pollution ; and when the doc- trine of transubstantiation, which was now creeping in, was once fully established, the reverence to the real body of Christ in the eucharist bestowed on this argu- ment an additional force and influence. Tlie monks knew how to avail themselves of all these popular topics, and to set off their own character to the best advantage. Tliey affected the greatest austerity of life and manners : they indulged themselves in the highest strains of devotion : they inveighed bitterly against the vices and jiretended luxury of the age : they were particularly vehement against the dissolute lives of the secular clergy, their rivals : every instance of libertinism in any individual of that order was re- presented as a general corruption : and where other topics of defamation were wanting, their marriage became a sure subject of invective; and their wives received the name of co7icnbiiie, or other more oppro- brious appellation. The secular clergy, on the other hand, who were numerous and rich, and possessed of the ecclesiastical dignities, defended themselves witli vigour, and endeavoured to retahate upon their adver- saries. The people were thrown into agitation ; and few instances occur of more violent dissensions, excited by the most material differences in reUgion, or rather the most frivolous: since it is a just remark, that the more affinity there is between theological parties, the gri.'ater commonly is their animosity. The progress of the monks, which was become con- siderable, was somewhat retarded by the death of Edred, their partisan, who expired after a reign of nine years. He left children ; but as they were in- fir nation, they had made in that country. It is probable also, that Ethelred, observing the close connexions thus maintained among all the Danes, however divided in government or situ- ation, was desirous of forming an alliance with that formidable people : for this purjiose, being now a widower, he made his addresses to Emma, sister to Diehard II. duke of Normandy, and he soon succeeded in his negociation. The princess came over this yeai- [1001] to England, and was married to Etheh'ed. SETTLEMENT OP THE NOKMANS. In the end of the ninth, and beginning, of the tenth century— when the north, not yet exhausted by that multitude of people, or rather nations, which she had successively emitted, sent forth a new race, not of con- querora, as before, but of pirates and ravagers, who in- fested tlie countries possessed by her once warlike sons —lived Rollo, a petty prince or chieftain of Denmark, whose valour and abilities soon engaged the attention of his countrymen. He was exposed in his youth to the jealousy of the king of Denmark, who attacked his small but independent principality; and who, being foiled in every assault, had recourse at last to pei-fidy for effecting his purpose, which he had often attempted in vain by force of arms : he lulled Rollo into security by an insidious peace, and, falling suddenly upon him, murdered his brother and his bravest officers, and forced him to fly for safety into Scandinavia. Here many of his ancient subjects, induced partly by affec- tion to their prince, partly by the oppressions of the Danish monarch, ranged themselves under liis stand- ard, and offered to follow him in every enterprise. Rollo, instead of attempting to recover his paternal dominions, where he must expect a vigorous resistance from the Danes, determined to pursue an easier, but more important undertaking, and to make his fortune, in imitation of his countrymen, by pillaging the richer and more southern coasts of lOurope. He collected a body of troops, which, like that of all those ravagers, was composed of Norwegians, Swedes, Frisians, Danes, and adventurers of all nations, who, being accustomed to a roving unsettled life, took delight in nothing but war and plunder. His reputation brought him asso- ciates from all quarters ; and a vision, which he pre- tended to have appeared to him in his sleep, and ■which, according to liis intei-pretation of it, prognos- ticated the greatest successes, proved also a powerful incentive with those ignorant and superstitious people. The fii-st attempt made by Rollo was in England, near the end of Alfred's reign ; when that great mo- narch, having settled Guthnmi and liis followers in East-Anglia, and others of those freebooters in North- umberland, and having restored peace to his harassed country, had established the most excellent militaiy as well ns civil institutions among the Faiglish. The prudent Dan;;, finding that no advantages could be gained over such a people, governed by such !i prince, soon turned his enterprises rgiinst France, Achich he found more exposed to his inroads; and during the reigns of Eudes, an usurper, and of Charles the Simple, a weak prince, he committed the most destructive ravages both on the inland and maritime provinces of that kingdom. The French, having no means of defence against a loader who united all the valour of his countrymen with the policy of more civilized na- tions, were obliged to submit to the expedieut prac- tised by Alfred, and to offer the invadere a settlement in some of those provinces which they had depopulated by their arms. The reason why the Danes for many yeara pursued measures so different f^om those which had been em- braced by the Goths, Vandals, Franks, liurgundians,- Lombards, and other northern conquerors, was the great difference in the method of attack which was practised by these several nations, and to which the nature of their respective situations necessarily con- fined them. The latter tribes, living in an inland countiy, made incursions by land upon the Roman empire ; and when they entered far into the frontiers, they were obliged to cany along with them their wives and families, whom they had no hopes of soon revisiting, and who could not otherwise participate of their plunder. This circumstance quickly made them think of forcing a settlement in the provinces which they had overrun ; and these barbarians, spreading themselves over the countrj', found an interest in pro- tecting the property and industry of the people whom they had subdued. But the Danes and Norwegians, invited by their maritime situation, and obliged to maintain themselves in their uncultivated country by fishing, had acquired some experience of navigation ; and in their military excursions pursued the method practised against the Roman empire by the more early Saxons: they made descents iJi small bodies from their ships, or rather boats, and ravaging the coasts, return- ed with the booty to their families, whom they could not conveniently carry along with them in those ha- zardous entei-prises. But when they increased their armaments, made incursions into tho inland countries, and found it safe to remain longer in the midst of the enfeebled enemy, they had been accustomed to crowd their vessels with their wives and children ; and hav- ing no longer any temptation to return to their own countiy, they willingly embraced an opportunity of settling in the warm climates and cultivated fields of the south. Affairs were in this situation with Rollo and his fol- lowers, when Charles proposed to relinquish to them part of tho province formerly called Neustria, and to Ijurchaso peace on these hard conditions. Aicer all the terms were fully settled, there appeared only one circumstance shocking to the haughty Dane : he was required to do homage to Charles for this pro^Tnce, and to put himself in that humiliating posture imposed on vassals by the rites of tho feudal law. He long refused to submit to this indignity; but being unwilling tf lose such important advantages for a mere cere- mony, he made a sacrifice of his pride to his interest, and acknowledged liimself, in form, the vassal of the French monarch. Charles gave him his daughter Gisla in marriage; and, that he might bind him faster to his interests, made him a donation of a considerable terri- tory', besides that which he was obliged to surrender to him by his stipulations. When some of the French nobles informed him, that in return for so generous a present, it was expected that he should throw himself at the king's feet, and make suitable acknowledgments for his bounty, Rollo replied, that ho would rather de- cline the present ; and it was with some difficulty they could persuade him to make that compliment by one of his captains. The Dane, commissioned for this pur- pose, full of indignation at the order, and despising so unwarlike a prince, caught Charles by the foot, and 48 THE HISTORY OF ENGLAND. [Chap. in. protending to c.irry it to liis montli, that he niislit kiss it, ovcrtlirew liiiii jicfi-i-c all his courtiers. The I'rencli, sensible of tlieir vvesent weakness, found it iirudcut to overlook this insult. EoUo, w!io was now in the decline of life, and was tired of wars and depredations, applied himself, with mature counsels, to the settlement of his new-acquired territory, which was tlienceforth called Normandy; and he i)arc"ellcd it out among his captains and foUoweis. He followed, in this partition, the customs of the feu- dal law, which was then universally established in the southern countries of Europe, and which suited the peculiar circumstances of that age. He treated the French subjects, who submitted to him, with mildness and justice; he reclaimed liis ancient followers from their ferocious riolence ; he established law and order throughout his state; and after a life spent in tumults and ravages, lie died peaceably in a good old age, and left his dominions to his posterity. William I. who succeeded him, governed tlic duchy twenty-five years; and, during that time, the IS'ormaus were thoroughly intermingled with the Frcncli, had acquired their language, had imitated their manners, and had made sucli progress towards cultivation, that, on the death of "William, his sou Richard, though a minor, inherited his dominions : a sure proof that the Normans were already somewhat advanced in civility, and that their government could now rest secure on its laws and civil institutions, and was not wholly sustained by the abilities of the sovereign. IJichard, after a loug reign of fifty-four years, was succeeded by his sou of ihe same name, in the year 90G; which was eighty-five years after the fii-st establishment of the Normans in France. Tliis was the duke who gave his sister Em- ma in marriage to Ethelred, king of England, and who hereby formed connexions with a country wliich his posterity was so soon after destined to subdue. The banes liad been established during a longer period in England than in France; and though the similarity of "tlieir original language to that of the Saxons invited them to a more early coalition with the natives, they had hitherto found so little exauiple of civilized manners among the English, that they retained all their ancient ferocity, and valued them- selves only on their national cliaracter of militarj- bravery. The recent as well as more ancient achieve- ments of their countrymen, tended to support this idea; nnd the English princes, particularly Athelstan and Edgar, sensible of that superiority, had been accus- tomed to keep in pay bodies of Danish troops, who vrere quartered about the country, and committed many violences upon the inhabitants. These merce- naries had attained to such a height of luxury, accord- ing to the old English writers, that they combed their hair once a day, bathed themselves once a week, changed their clothes frequently; and by all these arts of eft'eniinacy, as well as by their military character, had rendered tlicmsclves so agreeable to the fair sex, that they debauched the wives and daughters of the F.nghsh, and dishonoured mauy families. But what most provoked the inhabitants was, that iustcad of defending them against invaders, they were ever ready to betray them to the foreign Danes, and to associaie tiu^nselves with all stragghng parties of that nation. The animosity between tlie inhabitants of English and Danish race liad, from these repeated injuries, risen to a great height; when Ethehed, from a poUcy incident to weak jiriuces, embraced the cruel resolution of massacring the latter, throughout all Ids dominions. [1002.]— [.See nn'e D, at the end of this To/.] — Secret orders weie dispatched to commence the execution everywhere on tlie same day; and the festival of St. Brice, which fell on a Sunday, (Nov. 13,) tlie day on wliich the Danes usually bathed themselves, was chosen lor that purpose. It is needless to repeat the accounts transmitted concerning the barbarity of this massacre: the rage of the populace, excited by so many injuries, sanctified by authority, and stimulated by e.\ample, distinguished not between innocence and guilt, sjiared neither sex nor age, and was not satiated \\ithout the tortures, as well as death, of the unhapjiy ^■ictim3. Even Gunilda, sister to tlie king of Denmark, who had married earl Paling, and had embraced Christianity, was, by the advice of Edric, earl of Wilts, seized and condemned to death by Ethelred, after seeing her hus- band and children butchered before her face. This un- 1 happy jirinccss foretold, in the agonies of despair, that her murder would soon be avenged by the total ruin o£ the Englisli nation. Never was prophecy better fulfilled ; and never did barbarous policy prove more fatal to the authors. Sweyn and his Danes, who wanted but a pretence for invading the English, appeared off the western coast, [1003,] and threatened to take full I'cvcnge fop the slaughter of their countrymen. Exeter fell first into their hands, from the negligence or treachery of earl Hugh, a Norman, who had been made governor by the interest of queen Emma. They began to spread their devastations over the country; wlien the English, sensible what outrages they must now expect from their barbarous and offended enemy, assembled more early, and in greater numbers than usual, and made an ajipearance of vigorous resistance. But all these ])re- parations were frustrated by the treachery of duke Alfric, who was intrusted witli the command, and A\ho, feigning sickness, refused to lead the army against tlic Danes, till it was dispirited, and at last dissipated, by his fatal misconduct. Alfric soon after died ; and Edric, a greater traitor than he, who had married the king's daughter, and had acquired a total ascendant over him, succeeded Alfric in the govern- ment of Mercia, and in the command of the English armies. A great famine, proceeding partly from the bad seasons, partly from the decay of agriculture, added to all the other miseries of the inhabitants. The counfiy, wasti'd by the Danes, harassed by the fruitless expeditions of its own forces, was reduced to the utmost desolation; and at last submitted [1007] to the infamy of purchasing a precarious peace from tlio enemy, by the payment of thirty thousand pounds. The English endeavoured to employ this interval in making preparations against the return of the Danes, which they had reason soon to expect. A law was made, ordering the proprietors of eight hydes of land to provide each a horseman and a complete suit of armour; and those of three hundred and ten hydes to equip a ship for the defence of the coast. When this navy was assembled, which must have consisted of near eight hundred vessels,* all hopes of its success were disappointed by the fiictions, animosities, and dissensions of the nobility. Edric had impelled his brother Brightric to prefer an accusation of treason against Wolfnorth, governor of Sussex, the father of the f\^Inous earl Godwin; and that nobleman, well acquainted with the malevolence as well as power of his enemy, found no means of safety but in deserting with twenty ships to the Danes. Brightric pursued him with a fleet of eighty sail ; but his ships being shattered in a tempest, and stranded on the coast, he was suddenly attacked by Wolfnorth, and all his ves- sels were burnt and destroyed. The imbecility of the king was little capable of repairing this misfortune: the treachery of Edric frustrated eveiy plan for fu- ture defence ; and the English navy, disconcerted, dis- couraged, and divided, was at last scattered into its several hai'bours. It is almost impossible, or would be tedious, to relate particularly all the miseries to which the English were thenceforth exjiosed. We hear of nothing but the sacking and burning of towns; the devastation of the open countiy; the appearance of the enemy in every quarter of the kingdom ; their cruel diligence in dis- covering any corner which had not been ransacked by theii former violence. The broken and disjointed • Tliefe were 243.fino hydes In Enirland. Consequently the chips cciuipped mtut be i^, TAc c&valry was .tUi^Mt men. CUAP. III.] EDMOND IRONSIDE, 10U>— 1017 49 narration of llie ancient historians is Iiere well udajited : to Ine nature of the war, which was conducted by such | sudden inroads as would have hecn dangerous even to ail united and well-goverucd kingdom, but proved fa- tal, where nothing but a geneial consternation and mutual diffidence and dissension prevailed. The go- vernors of one province refused to inarch to the assist- ance of another, and were at last terrified from assem- bling their forces for the defence of their own province. General councils were summoned ; but either no reso- lution was taken, or none was carried into execution. And the only expedient in which the English agreed, was the base and imprudent one of buying a new peace from the Danes, by the payment of forty-eight tiiousand pounds. This measure did not even bring them that short in- terval of repose which thoy had expected from it. The Danes, disregarding all engagements, continued their devastations and hostilities; [1011;] levied a new contribution of eight thousand pounds upon the county of Kent alone ; murdered the archbisliop of Canterbury, who had refused to countenance this ex- action ; and the English nobility found no other re- source than that of submitting everywhere to the Danish monarch, swearing allegiance to him, and delivering him hostages for their fidelity. Ethelrcd, ecpially afraid of the violence of the enemy and the treachery of his own subjects, fled into Normandy, [1013,] whither he had sent before liini rjueen Emma, and her sons, Alfred and Edward. Kichard received his un- happy guests with » generosity that does honour to his memory. The king had not been above six weeks [1014] in Normandy, when he heard of the death of Sweyn,who expired at Gainsborough, before he had time to establish himself in his new-acquired dominions. The English prelates and nobility, taking advantage of this event, sent over a deputation to Normandy ; invited Ethelrcd to return to them, expressing a desire of being again governed by their native prince, and intimating their hopes that, being now tutored by experience, he would avoid all those errors which had been attended witli such misfortr.nes to himself and to his people. Cut the misconduct of Ethelred was incurable ; and on his resuming the government, he discovered the same in- capacity, indolence, cowardice, and credulity, which liad so often exposed him to the insults of his enemies. His son-in-law, Edric, notwitlistanding his repeated treasons, retained such influence at court, as to instil into the king jealousies of Sigefert and Slorcar, two of the chief nobles of Meicia: Edric allured them into his house, where he murdered them; while Ethelred participated in the infamy of the action, by confis- cating their estates, and tiuustiug into a convent tlie widow of Sigefert. She was a woman of singular beauty and merit ; and in a visit which was paid her, during her confinement, by prince Edmond, the king's oldest son, she inspired him with so violent an afl'cc- tiou, that he released her from the convent, and soon after married her without the consent of his father. Meanwhile the Englisii found in Canute, the son and successor of Sweyn, an enemy no less terrible than the prince from whom death had so lately delivered them. He ravaged the eastern coast with merciless fury, and put ashore all the Englisii hostages at Sandwich, after having cut off their hands and noses. He was obliged, by the necessity of his aif.iirs, to make a voyage to Denmark ; but returning soon after, he continued his dei)rcdations along the southern coast : he even broke into the counties of Dorset, Wilts, and Somerset; where an army v/as assembled against him, under the" coniinand of prince Edmond and duke I'dric. The latter still continued his perfidious machinations; and after endeavouring in vain to get the prince into his power, he found means to disperse the army ; and he tJien openly deserted to Canute with forty vessels [1010]. Notv/ithstanding this misfortune, Edmond was not disconcerted ; but assembling all the force of England, Vol. r. ■was in a condition to give battle to the enemy. The king had had such frequent experience of perfidy among his subjects, thut he had lost all confidence in them : ho remained at London, pretending sickness, but leally from apprehensions that they intended to buy their peace, by delivering him into the hands of his enemies. The army called aloud for their sovereign to march at their head against the Danes ; and on his refusal to take the field, they were so discouraged, that those vast pro- Jiaratious became ineffectual for the defence of the king, dom. Edmond, deprived of all regular s«])i)lies to maintain his soldiers, was obliged to commit equal ra- vages with those which were practised by the Danes; and after making some fruitless expeditions into the north, which had submitted entirely to Canute's pov/er, he retired to London, determined there to maintain, to the last extremity, the small remains of English libiu'ty. He here found everything in confusion by the death of the king, who e.xpired [lOlC] after an unhappy and in- glorious reign of thirty-five years. lie left two sons by his first marriage, Edmond, who succeeded him, and Edwy, whom Canute afterwards murdered. His two sons by the second marriage, Alfred and Edward, were immediately, upon Ethelred's death, conveyed into Normandy by queen Emma. EDMOND IRONSIDE. This prince, who received the name of Ironside frO'ii his hardy valour, possessed courage and abilities sufii- cient to have prevented his country from sinking into those calamities, but not to raise it from that abyss of misery into which it had already fallen. Among the other misfortunes of the English, treachery and disaf- fection had crept in among the nobility and pre- lates ; and Edmond found no better expedient for stopping the furtlier progress of these fatal evils thau to lead his army instantly into the field, and to employ them against the common enemy. After meeting with some success at Giiiinghani, he prepared himself to de- cide in one general engagement the fate of his crown ; and at Scoerston, in the county of Gloucester, he ofiered battle to the enemy, who were commanded by Canute and Edric. Fortune, in the beginning of the day, de- clared for him ; but Edric, having cut off the head of one Osmer, whose countenance resembled that of Ed- mond, fi.xed it on a spear, carried it through the ranks in triumph, and called aioud to the English, that it was time to fly ; for, behold ! the head of their sove- reign. And though Edmond, observing the conster- nation of the troops, took off his helmet and showed himself to them, the utmost he could gain by his ac- tivity and valour was to leave the victory undecided. Edric now took a surer method to ruin him, by pre- tending to desert to him; and a-s Edmond was well acquainted with liis power, and probably knew no other of the chief nobility in whom he could repose more confidence, he was obliged, notwithstanding the repeated perfidy of the man, to give him a considerable command in tlie army. A battle soon after ensued at Assington in Essex ; where Edric, flying in the begin- ning of the day, occasioned the total defeat of the English, followed by a great slaughter of the nobility. The indefatigable Edmond, however, had still re- sources: assembling a new army at Gloucester, lie was again in a condition to dispute the field ; when the Danish and English nobility, equally harassed with those convulsions, obliged their kings to come to a compromise, and to divide the kingdom between tlicni by treaty. Canute reserved to himself the northern division, consisting of Jlercia, East-Anglia, and Nor- tliumbcriaud, which he had entirely subdued : the southern parts were left to Edmond. This prince survived the treaty about a month : he was murdered at 0.\ford by two of his chamberlains, accomplices of Edric, who thereby made way for the succession of Canute the Dane to the crown of England. If .10 THE HISTORY OF ENGLAND. CANUTE. 1017. The KngUsh, wlio had been unable to defend their country, and maintain their independency, under so active and brave a jnince as Edmond, could, after liis death, expect nothing but total subjection from Ca- nute, fllio, active and brave himself, and at the head of a great (brce, ivas ready to take advantage of the mino- rity ot Edwin and Edward, the two sons of Edraoud. Yet this conqueror, who was commonly so little scru- pulous, showed himself anxious to cover his injustice under plausible pretences : before he seized the domi- nions of the English princes, he summoned a general as- sembly of the states, in order to fix the succession of the kingdom. lie here suborned some nobles to depose that in t'le treaty of Gloucester, it had been verbally agreed either to name Canute, in case of Edmond's death, successor to his dominions, or tutor to his children : (for historians vary in this particular ;) and that evidence, supported by the great power of Canute, determined the states immediately to put the Danish monarch in possession of the government. Canute, jealous of the two princes, but sensible that he sliould render himself extremely odious if he ordered them to lie dispatched in England, sent them abroad to Ms ally, the king of Sweden, W'hom he desired, as soon as they arrived at his court, to free him by their death from all further anxiety. The Swedish monarch was too gene- rous to comply with the request ; but being afraid of drawing on himself a quarrel with Canute, by protect- ing the young princes, he sent them to Solomon, king of Hungary, to be educated in his court. The elder, Edwin, was afterwards married to the sister of tlie king oi Hungary ; but the English prince dying with- out issue, Solomon gave his sister-in-law, Agatha, daughter of the emperor Henry II., in marriage to Edward, the younger brother ; and she bore him Edgar Atheling, Margaret, afterwards queen of Scot- land, and Chiistina, wlio retired into a convent. Canute, though he had reached the great point of his ambition, in obtaining possession of the English crown, was obliged at first to make great sacrifices to it, and to gratify the chief of the nobility, by bestow- ing on them the most extensive governments and ju- risdictions. He created Thurldll earl or duke of East- Anglia, (for these titles were then nearly of the same import,) Yric of Northumberland, and Edric of Mercia ; reserving only to himself the administration of Wessex. But seizing afterwards a favourable op- portunity, he expelled Thurkill and Yric from their governments, and banished them the kingdom : he put to death many of the English nobility, on whose fide- lity he could not n\y, and whom he hated on account of their disloyalty to their native prince. And even the traitor Edric, having had the assurance tc reproach Uim with liis services, wa,3 condemned to be executed, nnd his body to bo thrown into the Thames ; a suitable reward for his multiplied acts of perfidy and rebelUon. Canute also found liiiuself obliged, in the beginning of his reign, to load the people with heavy taxes, in order to reward his Danish followers: he exacted from them at one time the sum of seventy-two thou- sand pounds, besides eleven thousand pomids which he levied on London .alone. He was probably will- ing, from political motives, to mulct severely that city, on account of the aftection which it had borne to Edmond, and the resistance which it had made to the Danish power in two obstinate sieves.* But these rigours were imputed to necessity ;° and Canute, like a wise prince, w.as determined that the English, now dejnived of all their dangerous leaders, BJiould be reconciled to the Danish yoke, by the jus- tice and impartiality of his administration. He sent back to Denmark as many of his followers as he could safely spare: lie restored the Saxon customs in a general assembly of the states : he made no distinction « W. Mnlm. p. 73. In one of these sicfrcs, Canute divcrtrd the course of iJie I bjimes, and b/ that mnoM InoUKb* liij ehips at)ove London liridge. totween Danes and Krgiish in thft distributioa ot jus. tice : and he took care, by a strict execution of law, to protect the lives and properties of all his people. The i)aues were gradually incorporated wi' h his new sub- jects; and both were glad to obtain a little respite from those multi]>lied calamities from which the one, no less than the other, had, in their fierce contest for power, experienced such fatal consequences. The removal of Edmond's children into so distant a country as Hungary, was, next to their death, re- garded by Canute as the greatest security to his government : he had no further anxiety, except witlj regard to Alfred and Edward, who were protected and supported by their uncle, Richard duke of Normandy. Ilichard even fitted out a great armament, in order to restore the English princes to the tinone of their an- cestors; and though the navy was dispersed by a storm, Canute saw the danger to which he was exposed from the enmity of so warlike a people as the Nor- mans. In order to acquire the friendship of the duke, he paid his addresses to queen Emma, sister of that prince ; and promised that lie would leave the children whom he should have by that marriage in possession of the crown of England. Eichard complied with his demand, and sent o\er Emma to England, where she was soon after married to Cjjnute. The English, though they disapproved of her espousing the mortal enemy of her former husband and his family, were pleased to find at court a sovereign, to whom they were accustomed, and who had already formed con« nexions with them : and thus Canute, besides securing by this marriage the alliance of Normandy, gradually acquired, by the same means, the confidence of his own subjects. The Norman prince did not long survive the marriage of Emma; and he left the inheritance of the dutcliy to his eldest son cf the same name ; who dying a year after him without children, was succeeded by his brother Robert, a man of valour and abiUties. Canute, having settled his power in England be- yond all danger of a revolution, made a voyage to Denmarii, in order to resist the attacks of the king of Sweden ; and he carried along with hira a great body of the English, under the command of eail Godwin. This nobleman had here an opiiortnnity of performing a service, by which he both reconciled the king's mind to the English nation, and, gaining to liimself the friendship of his sovereign, laid the foundation of that immense fortune which he acquired to his family. He was stationed next the Swedish camp ; .ind observing a favourable opportunity, which he was obliged sud- denly to seize, he attacked the enemy in the night, drove them from their trenches, threw them into dis- order, pursued his advantage, and obtained a decisive victory over them. Next morning Canute, seeing the English camp entirely abandoned, imagined that those disaffected troops had deserted to the enemy : he was agreeably surprised to find that they were at that time engaged in pursuit of the discomfited Swedes. He w.a.s so pleased with his success, and with the manner of obtaining it, that he bestowed his daughter in mar- riage upon Godwin, and treated him ever after with entire confidence and regard. In another voyage, which lie made afterwards to Denmark, [1029] Canute attacked Norw.ay, and expel- ling the just but unwarlike Olaus, kept possession of his kingdom till the death of that prince. He had now, by his conquests and valour, attained the utmost height ot grandeur : having leisure from v/ars and in- trigues, he felt the unsatisfactory nature of all human enjoyments ; and, equally weary of the glories and tur- moils of this life, he began to cast his view towards that future existence, which it is so natural for the Inmian mind, whether satiated by prosperity or dis- gusted with adversity, to make the object ot its atten- tion. Unfortunately the spirit wliicli prevailed in that age gave a wrong direction to his devotion : instead of making compensation to those whom he had injured I by his former acts of violent*, he employed hiraself Chap. IJI.] HARDICANUTE, 1039—1041. 51 entirely iu those esercises of piety which the monks represented as the most meritorious. He built churches, he endowed monasteries, he enriched the ecclesiastics, and he bestowed revenues tor the support of chautiics at Assin^ton and other places ; where ho appointed prayers to be said for the souls of those who had there f.illen in battle against him. He even un- dertook a pilgrimage to Eome, v/hcre he resided a considerable time: besides obtaining from the pope eome privilepos for the English sfhool erected there, he engaged all the princes, through whose dominions he was obliged to pass, to desist from those heavy im- positions aud tolls which they were accustomed to exact from the English pilgrims. By this spirit of de- votion, no less than by his equitable and poUtic admi- nistration, he giuned, iu a, good measure, the afiections of his subjects. Canute, the gi-oatcst and most powerful monarch of Ills time, sovereign of Denmark and Norway, as well as of England, could not fiil of meeting with adulation from his courtiers ; a tribute which is liberally paid even to the meanest and weakest princes. Some of his flatterers brealdng out one day in admiration of Lis grandeur, exclaimed that everything was possible for him : upon which the monarch., it is said, ordered his chair to be set on the sea-shore, while the tide was rising ; and a.-dowager, though ex- posed to some more censure, met not with very gene- ral disapprobation, lie had hitherto lived on indif- ferent terms with that princess ; ho accused her of neglecting him and his brother during their adverse fortune : he remarked, that as the superior qualities of Canute, and his better treatment of her, had made her entirely indifferent to the memory of Ethelred, she also gave the preference to her children of the second bed, and always regarded llardicanute as her favou- rite. The same reasons had probably made her un- popular in lingland ; and though her benefactions to the monks obtained her the favom- of that order, the nation was not in general displeased to see her stripped by Edward of immense treasures v>hich she had amassed. He confined her, during the remainder of her life, in a monasteiy at Winchester ; but carried his rigour against hci- no further. The stories of liis accusing her of a participation in her son Alfred's murder, and of a criminal correspondence with the bishop of Winchester, and also of her justifying her- self by treading barefoot, without receiving any hurt, over nine burning ploughshares, were the inventions of the monkish historians, and were propagated and believed from the silly wonder of posterity. The English flattered themselves that, by the acces- sion of Edward, they were delivered for ever from the dominion of foreigners ; but they soon found that this e'l'il was not yet entirely removed. The king had been educated in Normandy ; and had contracted many intunacies with tlie natives of that country, as well as an affection for their manners. The court of England was soon filled with Normans, who, being distinguished both by the favour of Edward, and by a degree of cultivation superior to that which v.-as attained by the EnglisTi in those ages, soon rendered their language, customs, and laws, fashionable in the kingdom. The Btudy of the French tongue became general among the people. The courtiei s affected to imitate that nation in their dress, equipage, and entertainments : even the lawyers employed a foreign language in their deeds and pa])er3 : but above all, the church felt the influence and dominion of th.ose strangers : Ulf and William, two Normans, wlio had formerly been the king's chap- lains, were created bishops of Dorchester and Lon- don. Robert, a Norman also, was promoted to the see of Canterbury, and always eujo3-ed the higliest favour of his master, of which his abilities rendered him not unworthy. And though the king's ijrudencc, or his ■want of authority, made him confer almost all the civil and military employments on the natives, the ecclesiastical prefenuents fell often to the shaie of the Normans; and as the latter possessed Edward's confi- dence, they had secretly a great influence on public nffairs, and excited tlie jealousy of the Englisli, par- ticularly of Earl Godwin. This powerful nobleman, besides being duke or eail ofWessex, had the counties of Kent and Sussex an- nexed to Ids government. His eldest son, Sweyn, pos- sessed the same authority in the counties of Oxford, Uerks, Gloucester, and Hereford ; and Harold, his se- cond son, was duke of East-Anglia, and at the same time govei'nor of Essex. The gi-eat outhority of this family was supported by immense possessions and powerful alliances; and the abilities, as well as am- bition, of Godwin himself contributed to render it still more dangerous. A prince of greater capacity and vigour tlian Edward would have found it difficult to support the dignity of the ctown under such circum- stances ; and as the haughty temper of Godwin made him often forget the respect due to his prince, Ed- ward's animosity against him was grounded on per- sonal as well as political considerations, on recent as well as more ancient injuries. The king, in pursuance of his engagements, had indeed married Editha, the daughter of Godwin ; but this alliance became a fresh source of enmity between them. Edward's hatred to the father was transferred to that prmcess; and Editha, tliough possessed of many amiable accomplishments, could never acquii'e the confidence and affection of her husband. It is even pretended that, during the whole course of her life, he abstained from all commerce of love with her; and such was the absurd admiration paid to an inviolable chastity during those ages, [I04f!,] tliat his conduct in this particular is highly celebrated by the monkish historians, and greatly contributed to his acquiring the title of Saint and Confessor. The most popular pretence on which Godwin could ground his disaffection to t'uo king and his administra- tion, vras to complain of the influence of the Normans in the government ; and a declared opposition had thence arisen between him and his favourites. It was not long before this animosity broke into action. Eus- tace, count of Bologne, having paid a visit to the king, passed by Dover in his return : one of his train being refused entrance to a lodging which had been assigned him, attempted to make his way by foi'ce, and in the contest he wounded the master of the house. The inhabitants revenged this insult by the death of the stranger ; the count and his train took arms, and murdered the wounded townsman; a tumult ensued; near twenty persons were killed on each side; and Eustace, being overpowered by numbers, was obliged to save his life by flight from the fury of the populace. He hurried immediately to court, and complained of the usage he had met with: the king entered zealously into the quarrel, and was highly displeased that a stranger of such distinction, whom he had invited over to his court, should, without any just cause, as he believed, have felt so sensibly the in- solence and animosity of his people. He gave oi dors to Godwin, in whose government Dover lay, to repair immediately to the place, and to punish the inhabit- ants for the crime: but Godwin, who desired rather to encourage than repress the popular discontents against foreigners, refused obedience, and endeavoircd to throw the whole blame of the riot on the count of Bologne, and his retinue. Edward, touched in so sensible a point, saw the necessity of exerting the royal authority; and he threatened Godwin, if he per- sisted in his disobedience, to make him feel the utmost effects of his resentment. The earl, perceiving a rupture to be unavoidable, and pleased to embark in a cause where it was likely he should be supported by his countrymen, made pre- parations for his own defence, or rather for an attac'it on Edward. Under pretence of repressing some dis- orders on the Welsh frontier, he secretly assembled a great army, and was approaching the king, who re- sided, without any military force, and without sus- picion, at Gloucester. Edward applied for protection to Siward, duke of Northumberland, and LeotVie, duke of Mercia, two powerful noblemen, whose jealousy of Godwin's greatness, as well as their duty to the crown, engaged tliem to defend the king in this extremity. They hastened to him with such of their followers as they could assemble on a sudden; and finding the danger much greater than they hnd at first appre- hended, they issued orders for mustering all the forces witliin their respective governments, and for marching them without delay to the defence of the king's per- son and authority. Edward, meanwhile, endeavoured to gain time by negociation ; while Godwin, wlio thought the king entirely in his power, and who was willing to save appearances, fell into the snare; and not sensible tiiat he ought to have no further reserve after he had proceeded so far, he lost the favourable opportunity of rendering himself master of the government. The English, though they had uo high idea of Ed- ward's vigour and capacity, bore him great affection on account of his humanity, justice, and piety, as well as the long race of their native kings from whom he was descended; and they hastened from all quarters to 64 THE HISTORY OF ENGLAND. [Chap III. defend Iiiiu from the present danger. His army was now so considorable, tliat he ventured to take the field, and marching to London, ho siimracned a great coun- cil to judge of the rebellion of Godwin and his sons. These noblemen pretended at first that they wore will- ing to stand their trial; but having in vain endeavoured to make their adherents persist in rebelUon,they offered to come to London, provided they might receive host- ages for their safety: this proposal being rejected, they ■were obliged to disband the remains of their forces, mid have recourse to flight. Baldwin, earl of Flanders, gave protection to Godwin and his three sons, Gurth, Sweyn, and Tosti; the latter of whom had married the daughter of that prince; Ilarold and Leofwin, two other of his sons, took shelter in Ireland. The estates of the father and sons were confiscated : their governments were given to others : queen Editha was confined in a monastery atWarewel : and the greatuess of this family, once so formidable, seemed now to be totally sup- planted and overthrown. But Godwin had fixed his authority on too firm a basis, and he was too strongly supported by alliances, both foreign and domestic, not to occasion further dis- turbances, and make new efforts for his re-establish- ment. The carl of Flanders [1052] permitted him to purchase and hire ships within his harbours; and God- win having manned them with his followers, and with freebooters of all nations, put to sea, and attempted to make a descent at Sandwich. The king, informed of his preparations, had equipped a considerable fleet, much superior to that of the enemy ; and the earl hastily, before their appearance, made his retreat into the Flemish harbours. The English court, allured by the present security, and destitute of all vigorous counsels, allowed the seamen to disband, and the fleet to go to decay; while Godwin, expecting this event, kept his men in readiness for action. lie put to sea imrdcdiately, and sailed to the Isle of Wight, whei-e he was joined by Ilarold, with a squadron which that nobleman had collected in Ireland. lie vvas now master of the sea; and entering every harbour in the southern coast, he seized all the ships, and summoned his fol- lowers in those counties, which had so long been sub- ject to his government, to assist him in procuring jus- tice to himself, his family, and his country, against the tyranny of foreigners. Re-enforced by great numbers from all quarters, he entered the Thames; and appear- ing before London, threw everything into confusion. The king alone seemed resolute to defend himself to the last extremity; but the interposition of the Eng- lish nobility, many of whom favoured Godwin's pre- tensions, made Edward hearken to tei-ms of accom- modation ; and the feigned hmnility of the earl, who disclaimed all intentions of offering violence to his Bovereign, and desired only to justify himself by a fair and open trial, paved the way ibr his more easy admis- sion. It was stipulated, that he should give hostages for his good behaviour, and that the primate and°aU the foreigners should be banished : by this treaty, the present danger of a civil war was obviated, but the authority of the crown was considerably impaired, or rather entirely annihilated. Edward, sensible that he had not power sufRcient to secure Godwin's hostages in England, sent them over to his kinsman, the youn" duke of Normandy. "^ Godwin's death, which happened soon after, wliile he was sitting at table with the king, prevented him from further establishing the authority which he had acquired, and from reducing Edward to still greater subjection. [Sec note E, at the end of this Vol.] He was succeeded in the government of Wessex, Sussex, Kent, and Essex, and in the ofSce of stcv/ard of the house- hold, a place of great power, by his son Harold, who was actuated by an ambition equal to that of his father and was superior to him in address, in insinuation, and in virtue. By a modest and gentle demeanour, he ac- quired the good-will of Edward; at least softened that hatred v, hich the prince had so long borne his family; and gaining every day new partisans by his bounty and afi:ability, he proceeded in a more silent, and there- fore a more dangerous manner, to the increase of his authority. The king, v/ho had not sufficient vigour directly to opijose his progress, knew of no other expe- dient than that hazardous one, of raising him a rival in the family of Leofric, duke of Mercia, whose son Algar was invested with the government of East-Anglia, which, before the banishment of Harold, had belonged to the latter nobleman. But this policy, of balancing opposite parties, required a more steady hand to ma- nage it than that of Edward, and naturally produced faction, and even civil broils, among nobles of such mighty and independent authority. Algar was soon after e.xpelled his government by the intrigues and power of Harold ; but being protected by Griffith, prince of AVales, who had married his daughter, as well as by the power of his father Leofric, he obhged Harold to submit to an accommodation, and was re- instated in the government of East-Anglia. This peace was not of long duration: Harold, taking advan- tage of Leofric's death, which happened soon after, expelled Algar anew, and banished him the kingdom: and though that nobleman made a fresh irruption into East-Anglia with an army of Norwegians, and over- ran the country, his death soon freed Harold from tho pretensions of so dangerous a rival. Edward, the eld- est son of Algar, was indeed advanced to the govern- ment of Mercia ; but tho balance, which the king desired to establish between those potent families, was wholly lost, and the influence of Harold greatly pre- ponderated. The death of Siward, duke of Northumberland, [1055,] made the way still more open to the ambition of that nobleman. Siward, besides his other merits, had acquired honour to England, by his successful conduct in the only foreign enterprise undertaken during the reign of Edward. Duncan, king of Scstland, was a prince of a gentle disposition, but possessed not tho genius requisite for governing a country so tuibu- lent, and so much infested by the intrigues and animosi- ties of the great. JIacbeth, a powerful nobleman, and nearly allied to the crown, not content with curbing the king's authority, carried still further his pestilent ambition: he put liis sovereign to death; chased Jlal- colm Kenmore, his son and heir, into England; and xisurped the crown. Siward, whose daughter was mar- ried to Duncan, embraced, by Edward's orders, the pro- tection of this distressed family: he marched an .army into Scotland; and having defeated and kUled Macbeth in battle, he restored Malcolm to the throne of his an- cestors. This service, added to his former connexions with the royal family of Scotland, brought a great ac- cession to the authority of Siward in tlie north ; but as he had lost his eldest son, Osberne, in the action with Macbeth, it proved in the issue fatal to his family. Ilia second son, Waltheof, appeared, on his father's death, too young to be entrusted with the government of Nor- thumberland ; and Harold's influence obtained that dukedom for his own brother Tosti. There are two circumstances related of Siward, which discover his liigh sense of honour, and his ino.rlial dis- position. When intelUgence was brought him of his son Osborne's death, he was inconsolable; till he heard that the wound was received in the breast, and that he had behaved with great gallantry in tiie action. When he found his own death approaching, lie ordered his servants to clothe liim in a complete suit of armour; and sitting erect on the couch, with & spear in his hand, declared that in that posture, tho only one worthy of a warrior, he could patiently await the fatal moment. The king, now worn out with cares and infirmities, felt himself far advanced in the decline of life ; and having no issue himself, began to think of appointing a successor to the kingdom. Ho sent a deputation to Hungary, to_ invite over his nephew, Edward, son of his elder brother, and the only remaining heir of thj Chap. III.] EDWARD THE CONFESSOR, 1041— 106G 55 Saxon lino. That prince, whose succession to the crown would have lieen easy and undisputed, came to England with liis children, Edgar, surnamed Athel- ing, Margaret, and Christina; but his death, which happened a few days after his an-ival, threw the king into new difficulties. He saw that the great power nnd ambition of Harold had tempted liim to think of obtaining possession of the throne on the first vacancy, and that Edgar, on account of his youth and inexpe- rience, was very unfit to oppose the pretensions of so popular and enterprising a rival. The animosity which he had long borne to earl Godwin, made him averse to the succession of his son ; and he could not, without extreme reluctance, think of an increase of grandeur to a family which had risen on tlie ruins of royal authority, and which, by the murder of Alfred, liis brother, had contributed so much to the weakening of the Saxon line. In this uncertainty he secretly cast his eye towards his kinsman, William, duke of Nor- mandy, as the only person whose power, and reputa- tion, and capacity could support any destination which he might make in his favour, to the exclusion of Harold and his family. Tills famous prince was natural son of Robert, duke of Normandy, by Harlotta, daughter of a tanner in Falaise, and was very early established in that gran- deur from which his birth seemed to have set him at so great a distance. While he was but nine years of age, Ills father had resolved to undertake a pi]grim.age to Jerusalem; a fashionable act of devotion, which had taken place of the pilgrimages to Rome, and which, as it was attended with more difficulty and danger, and carried those religious adventurers to the first sources of Christianity, appeared to them more meritorious. Before his departure, he assembled the states of the dutchy; and informing them of his design, he engaged them to swear allegiance to his natural son, William, whom, as he Iiad no legitimate issue, he intended, in case he should die in the pilgrimage, to leave successor to his dominions. As he was a prudent prince, he could not but foresee the great inconveniencies which must attend this journey, and this settlement of his succession ; arising from the perpetual turbulency of the great, the claims of other branches of the ducal family, and the power of the French monarch : but all these considerations were surmounted by the prevail- ing zeal for pilgrimages ; and probably the more im- portant they were, the more would Robert exult in sacrificing them to wliat he imagined to be his religious duty. This prince, as he had apprehended, died in his pil- gi'image ; and the minority of his son was attended with all those disorders wliich were almost unavoid- able in that situation. The Ucentious nobles, freed from the awe of sovereign authority, broke out into personal animosities against each other, and made the whole country a scene of war and devastation. Roger, count of Toni, and Alain, count of Britanny, advanced claims to the dominion of the state ; and Hem-y I. king of France, thought the opportunity favourable for reducing the power of a vassal, who had origin- ally acquired his settlement in so violent and invidious a manner, and who had long appeared fonnidable to his sovereign. The regency established by Robert en- countered great difficulties in supporting the govern- ment under this complication of dangers ; and the young prince, when he came to maturity, found him- self reduced to a verj' low condition. But the great qualities, which he soon displayed in the field and in the cabinet, gave encouragement to his friends, and struck a terror into his enemies. He opposed himself on all sides against his rebelUous subjects, and against foreign invaders ; and by his valour and conduct pre- vailed in everv action. He obliged the French kinir ..." ® ^ to grant him peace on reasonable terms ; he expelled nil pretenders to the sovereignty; and he reduced his turbulent barons to pay suljiuiiision to his authority, and to suspend their mutual animosities. The natural severity of his temper appeared in a rigorous adminis- tration of justice ; and having found the happy effect? of this plan of government, without which the laws in those ages became totally impotent, he regarded it as a fixed maxim, that an inflexible conduct was the first duty of a sovereign. The tranquiUity which he had established in his do- minions, Iiad given William leisure to pay a visit to the king of England during the time of Godwin's banish- ment ; and he was received in a manner suitable to the great reputation which he had acquired, to the rela- tion by which lie vi-as connected with Edward, and to the obligations which that prince owed to his family. On the return of Godwin, and the expulsion of the Norman favourites, Robert, archbishop of Canterbuiy, had, before his departure, persuaded Edward to tliinlc of adoiJting William as his successor ; a counsel which was favoured by the king's aversion to Godwin, his prepossessions for the Normans, and his esteem of the duke. That prelate, therefore, received a commission to inform William of the Icing's intentions in his favour; and he was the first person that opened t'lie mind of the prince to entertain those ambitious hopes. But Edward, irresolute and feeble in his purpose, finding that the English would more easily acquiesce in the restoration of the Saxon line, had, in the moan time) iii'\dted his brother's descendants from Hungaiy, with a view of having them recognised heirs to the crown. The death of his nephew, and the inexperience and unpromising qualities of j'oung Edgar, made hira resume liis former intentions in favour of the duke of Normandy; though his aversion to hazardous enter- prises engaged him to postpone the execution, and even to keep his purpose secret fi"oni all his ministers. Harold, meanwhOe, proceeded, after a more open manner, in increasing his popularity, in cstabhshing his power, and in preparing the way for his advance- ment on the first vacancy ; an event which, from the age and infirmities of the king, appeared not very dis- tant. But there was stUl an obstacle, wliich it was re- quisite for him previously to overcome. Earl Godwin, when restored to his power and fortune, had given hostages for his good behaviour ; and among the rest, one son and one grandson, whom Edward, for greater security, as has been related, had consigned to the custody of the duke of Normandy. Harold, though not aware of the duke's being his competitor, was un- easy that sucli near relations should be detained pri- soners in a foreign country; and he was afraid lost William should, in favour of Edgar, retain these pledges as a check on the ambition of any other pre- tender. He represented, therefore, to the Kng, his unfeigned submission to royal authority, his steady duty to his prince, and the little necessity there was, after such a uniform trial of his obedience, to detain any longer those hostages who liad been required on the first composing of civil discords. By tliese topics, enforced by his great power, he extorted the king's consent to release them; and in order to effect his purpose, he immediately proceeded with a numerous retinue, on his journey to Normandy. A tempest drove him on the territory of Guy, count of Ponthien, wh6, being informed of his quaUty, immediately de- tained him prisoner, and demanded an exorbitant sum for his ransom. Harold found means to convey intel- hgence of his situation to the duke of Normandy : and represented, that while he was proceeding to liia court, in execution of a commission from the king of England, he had met w^ith this harsh treatment from the mercenary disposition of the count of Ponthieu. William was immediately sensible of tlie importance of the incident : he foresaw, tliat if he could once gain Harold, either by favours or menaces, his way to the throne of England would be open, and Edward would meet with no furtlier obstacle in executing the favour- able intentions which he had entertained in his behalf. He sent, therefore, a messenger to Guy, in order to demand the liberty of hi'? prisoner ; and tliat nobleman, 66 THE HISTORY OF ENGLAND. [CHiP. rri. not daring to refuse so great a prince, put Harold into the hands of the Normau, wlio conducted him to Tvouen. William received him with every demonstration of respect and friendsliip ; and after showing himself dis- posed to comply with his desire, in delivering up the hostages, he took an oi>portunity of disclosing to him tlic great secret, of his pretensions to the crown of England, and of the will whicli J-^lward intended to make in his favour. He desired the assistance of Harold in perfecting that design ; he made profession& of the utmost gratitude ia return for so great an obli- gation ; ho promised that the present grandeur of Harold's family, which supported itself with difficulty under the jealousy and hatred of Edward, should re- ceive new increase from a successor, who would be so greatly beholden to him for his advancement. Harold was surprised at this declaration of the duke ; but being sensible that he should never recover his own liberty, much less that of his brother and nepliew, if lie refused the demand, he feigned a compliance with Wilham, renounced all hopes of the crown for himself, and ])rofessed his sincere intention of supporting the will of Edward, and seconding the pretensions of the duke of Normandy. William, to bind him faster to liis interests, besides offering liim one of his daughters in marriage, required him to take an oath that he would fulfil his promises ; and in order to render the oath more obligatory, he employed an artifice well- suited to the ignorance and superstition of the age. He secretly conveyed imder the altar, on which Harold agreed to swear, the relics of some of the most re- verend martyrs ; and when Harold liadtalcen the oath, Lo showed him the relics, and admonished him to observe rehgiously an engagement which had been ratified by so tremendous a sanction. The English uobleman was astonished ; but dissembling his concern, 1x6 renewed the same professions, and was dismissed with all the marks of mutual confidence by the duke of iS'ormandy. "When Harold found himself at liberty, his ambition suggested casuistry suflicient to justify to him the vio- lation of an oath, which had been extorted from him by fear, and which, if fulfilled, might be attended witli the subjection of his native country to a foreign power. He continued sliil to practise every art of popularity ; to increase the number of his partisans ; to reconcile the minds of the English to the idea of his succession ; to revive their hatred of the Normans ; and, by an ostentation of his power and influence, to deter the timorous Edward from executing his intended desti- nation in favour of William. Fortune, about this time, threw two incidents in his way, by which he was enabled to acquire general favour, and to increase the character which he had already attained, of virtue and abilities. The Welsli, though a less formidable enemy than the Danes, had long been accustomed to infest the western borders ; and after committing spoil on the low countries, they usually made a hasty retreat into their mountains, where they were sheltered from the pursuit of their enemies, and were ready to seize the first favourable opportunity of renewing their depre- dations. Griffith, the reigning prince, had greatly dis- tinguished himself in those incursions ; and his name hadbccome so terrible tothe English, that Harold found he could do nothing more acceptable to the public, and more honourable for himself, than the sui^pressing of so dangerous an enemy. Ho formed the plan of an expedition againi. t Wales ; and having prepared some light-armed foot to pursue the natives into their fast- nesses, some cavalry to scour the opeu country, and a squadron of ships to attack the sca-eoast,he employed at once all these forces against the Welsh, prosecuted his advantages with vigour, made no intermission in his assaults, and at last reduced the enemy to such distress, that, in order to prevent their total destruc- tion, they made a sacrifice of their prince, whose head they cut off. and sent to Harold ; and they were con- tent to receive as th.eir sovereigns tv/o Welsh ncblo. men appointed by Edward to rule over them. Tiio other incident was no less honourable to Harold. Tosti, brother of this nobleman, who had beeu created duke of Northumberland, being of a violent, tyrannical temper, had acted with such cruelty and injustice, that the inhabitants rose in rebellion, and chased him from his government. Morcar and Edwin, two brothers, who possessed great power in those parts, and wlio were grandsons of the great duke Lcol'ric, concurred in the insurrection ; and the former, being elected duke, advanced with an army to oppose Harold, who was commissioned by the king to reduce and chastise the Northumbrians. Before the armies came to action, Jlorcar, well acquainted with the generous disposition of the English commander, endeavoured to justify his own conduct. He repre- sented to Harold, that Tosti had behaved in a manner unworthy of the station to which he was advanced, and no one, not even a brother, could support sucli tyranny, without participating, in some degree, of tho infamy atteudiug it ; that the Northumbrians, accus- tomed to a legal administration, and regarding it as their birthright, were willing to submit to the king, but required a governor who would jiay regard to their rights and privileges ; that tliey had been taught by their ancestors, that death was preferable to servi- tude, and liad taken the field, determined to perish, rather than suft'er a renewal of those indignities to which they had so long been exposed ; and they trusted that Harold, on reflection, would not defend in another that violent conduct, from which he him- self, in his own government, had always kept at so great a distance. Tliis vigorous remonstrance was accom.panied with such a detail of fivcts, so well sup- ported, that Harold found it prudent to abandon his brother's cause ; and returning to Edward, he jjer- suaded him to pardon the Northumbrians, and to confirm Jlorcar in the government. He even married the sister of that nobleman ; and by his interest, pro- cured Edwin, the youn^'er brother, to be elected into tlie government of Jleicia. Tosti in a rage departed the kingdom, and took shelter in Flanders with earl Baldwin, his father-in-law. By this marriage Harold broke all measures with the duke of Normandy ; and William clearly per- ceived that he could no longer rely on the oaths and ]n'oinises which he had extorted from him. But the English nobleman was now in such a situation, that he deemed it no longer necessary to dissemble. He had, in his conduct towards the Northumbrians, given such a specimen of his moderation as had gained hiin the affections of his countrymen. He saw that almost all England was engaged in his interests ; while he liira- self possessed the government of Wessex, Jlorcar that of Northumberland, and Edwin that of Mercia. He now oijenly aspired to the succession ; and insisted, that since it was necessary, by the confession of all, to set aside the royal family, on account of the imbeci- lity of Edgar, the sole survi\ing heir, there was no one so capable of filling the throne as a nobleman of gi'eat power, of mature age, of long experience, of approved courage and abilities, who, being a native of the kingdom, would effectually secure it against the dominion and tyranny of foreigners. Edward, broken with age and infirmilies, saw tlio difficulties too great, fta- him to encounter; and though his inveterate pre- possessions kept him from seconding the pretensions of Harold, he took but feeble and h-resolute steps for securing the succession to the duke of Normandy. [See note F, at the- end of tki.i Vol.'] While he con- tinued in this uncertainty, he was surprised by sick- ness, w'hich Irougbt him to his grave, on the fiftli of January lOtiG, in the sixty-fifth year of his age, and twenty -fifth of his r.ign. Tliis prince, to whom the monks gave the title of Saint and Confessor, was the last of the Saxon line that ruled ii) England. Though his reign was peace- Chap. III.] HAROLD, lOGG. 67 able and fortunate, he owed his prospenly less to Lis own abilities than to the conjectures of the times. The Danes, employed in other enterprises, attempted not those incursions which had been so troublesome to all his predecessors, and fatal to some of them. Tlie fadlityof his disposition made him acquiesce under the (government of Godwin and his son Harold ; and the abilities, as well as the power, of these noblemen enabled them, while they were entrusted with autho- rity, to preser\'c domestic peace and tranquilUty. The mos*. commendable circumstance of Edward's govern- ment, was his attention to the administration of jus- tice, and his compiUng, for that purpose, a body of laws, which he collected from the laws of Ethelbert, Ina, and Alfred. This compilation, though now lost, (for the laws that pass under Edward's name were composed afterwards,) was long the object of affection to the English nation. Edward the Confessor was the first that touched for the king's evil : the opinion of his sanctity procured belief to this cure among the people : his successors regarded it as a part of their state and grandeur to uphold the same opinion. It has been continued down to our time ; and the practice was first dropped by the present royal family, who observed, that it could no longer give amazement even to the populace, and was attended with ridicule in the eyes of all men of un- derstanding. HAROLD. lOGO. Harold had so well prepared matters before the death of Edward, that he immediately stepped into the vacant throne ; and his acces-ion was attended ■with as little opposition and disturbance as if he had succeeded by the most undoubted hereditary title. The citizens of London were his zealous partisans ; the bishops and clergy had adopted his cause ; and all the powerful nobility, connected with him by alliance or friendship, willingly seconded his pretensions. The title of Edgar Atlieling was scarcely mentioned ; much less the claim of the duke of Normandy : and Harold, assembling his partisans, received the crown from their hands, without waiting for the free delibera- tion of the states, or regularly submitting the ques- tion to their determination.* If any were averse to this measure, they were obliged to conceal their Beiitimcnts: and the new prince, taking a general Eilence for consent, and founding his title on the sup- posed suffi-ages of the people, which appeared unani- mous, was, on the day immediately succeeding Ed- ward's death, crowned and anointed king, by Aldred, ftrchbishop of York. The whole nation seemed joy- fully to acquiesce in his elevation. The first sjTuptcms of danger which the king dis- covered came from abroad, and from his own brother, Tosti, who had submittid to a voluntary banishment in Flanders. Enraged at the successful ambition of Harold, to which lie himself had fallen a \'ictim, he filled the court of Baldwin with complaints of the in- jusiice which he had suffered : he engaged the interest of that family against his brother : he endeavoured to fomi intrigues with some of the discontented nobles in England : he sent his emissaries to Norway, in order to rouse to arms the freebooters of that kingdom, and to excite their hopes of reaping advantage from the un- settled state of affairs on the usurpation of the new king : and, that he might render the combination more fomiidable, he made a journey to Normandy, in ex- pectation that the duke, who had married Matilda, another daughter of Baldwin, would, in revenge of his own wrongs, as well as those of Tosti, second, by his counsels and forces, the projected invasion of Eng- land. The duko of Normandy, when he first received iu- • Many of the histoiiftni tay that IlaroU was reru'.a.~ly elD;i^:l by t>is Ra;ec : tome that ErtwarH '--ft hjm his successor hy will. Vo!..L ' telligence of Harold's intrigues and accession, had been moved to the Iiighest pitch of indignation ; but that he might give the better colour to his pretensions, he sent an embassy to England, upbraiding that prince with his breach of faith, and summoning him to resign immediately possession of the kingdom. Harold repUed to the Norman ambassadors, that the oath, with which he was reproached, had been extorted by the well- grounded fear of violence, and could never, for that reason, be regarded as obligatory : that he had had no commission, cither from the late king or the states of England, who alone could dispose of the crown, to make any tender of the succession to the duke of Nor- mandy ; and if he, a private person, had assumed so much authority, and had even voluntarily sworn to support the duke's pretensions, the oath was unlawful, and it was his duty to seize the first opportunity of breaking it : tliat he had obtained the crown by the unanimous suffrages of the people ; and should prove himself totally unworthy of their favour, did he not strenuously maintain those national liberties, with whose protection they had entrusted him : and that the duke, if he made any attempt by force of arniSj should experience the power of an united nation, conducted by a prince, who, .sensible of the obligations imposed on him by his royal dignity, was determined that the same moment should put a period to his life and to his government. This answer was no other than William expected ; and he had previously fixed his resolution of making an attempt upon England. Consulting only his cou- rage, his resentment, and his ambition, he overlooked all the difficulties inseparable from an attack on a great kingdom by sucli inferior force, and he saw only the circumstances which would facilitate his enter- prise. He considered that England, ever since the ac- cession of Canute, had enjoyed profound tranquillity, during a period of near fifty years ; and it would re- quire time for its soldiers, enervated by long peace, to learn discipline, and its generals experience. He knew that it was entirely unprovided with fortified towns, by which it could prolong the war ; but must venture its whole fortune in one decisive action against a veteran enemy, who, being once master of the field, would be in a condition to overrun the kingdom. He saw that Harold, though he had given proofs of vigour and bravery, had newly mounted a tlirone, which he had acquired by faction, from whicli he had excluded a very ancient royal family, and which was likely to totter under him by its own instabiUty, much more if shaken by any violent external impulse. And he hoped, that the very circumstance of his crossing the sea, quitting his own country, and leaving himself no hopes of retreat ; as it would astonish the enemy by the boldness of the enterprise, would inspirit his sol- diers by despair, and rouse them to sustain the reputa.- tion of the Norman arras. The Normans, as they had long been distinguished by valour among all the European nations, had at this time attained to the highest pitch of military glory. Besides acquiring by arms such a noble territory in Fr.ance, besides defending it against continual attempts of the French monarch and all its neighbours, besides exerting many acts of vigour under their present sove- reign ; they had, about this very time, revived their ancient fame, by the most hazardous exploits, and the most wonderful successes, in the other extremity of Europe. A few Norman adventurers in Italy had acquired such an ascendant not only over the Italians and Greeks, but the Germans and Saracens, that they expelled those foreigners, procured to themselves ample establishments, and laid the foundation of the opulent kingdom of Naples and Sicily. These enterprises of men who were all of them vassals in Normandy, many of them banished for faction and rebeUion, excited the ambition of the haughty William ; who disdained, after such examples of fortune and valour, to be de- ten-ed from making an attack on a ueighhouiing I 58 THE HISTORY OF ENGLANLl. [Chap. in. coiintrj', where he could be supported by the whole force of his principality. The situation also of Europe inspired William with hopes, that, besides liis brave Normans, he might em- ploy agamst England the flower of the military force wliich was dispersed in all the neighbouring states. France, Germany, and the Low Countries, by the pro- gress of the feudal institutions, were diWded and sub- divided into many principalities and baronies ; and the possessors, enjoying the civil jurisdiction within them- selves, as well as the right of arms, acted, in many respects, as independent sovereigns, and maintained their properties and privileges less by the authority of laws than by their own force and valour. A military spirit liad universally ditfused itself throughout Eu- rope ; and the several leaders, whose minds were ele- vated by their princely situation, greedily embraced the most hazardous enterprises ; and being accustomed to nothing from their infancy but recitals of the suc- cess attending wars and battles, they were prompted by a natural ambition to imitate those adventures ■which they heard so much celebrated, and which were so much exaggerated by the credulity of tlie age. United, however loosely, by their duty to one superior lord, and by their connexions with the great body of the community to which they belonged, they desired to spread their fame each beyond his own district; and in all assemblies, whether instituted for civil deli- berations, for military exhibitions, or merely for show and entertauimcnt, to outshine each other by the re- putation of strengtli and prowess. Hence their genius for chivalry; hence their impatience of peace and tranquillity ; and hence their readiness to embark in any dangerous enterprise, how little soever interested in its failure or success. William, by his power, his courage, and his abilities, bad long maintained a pre-eminence among those haughty chieftains ; and every one who desired to sig- nalize himself by his address in military exercises, or his valour in action, had been ambitious of acquiring a reputation in tlie court and in the armies of Normandy. Entertained with that hospitahty and courtesy which distinguished the age, they had formed attachments with the prince, and greedily attended to the prospects of the signal glory and elevation which he promised them in return for their concurrence in an expedition against England. The more granderu' there appeared in the attempt, the more it suited their romantic spirit : the fame of the intended invasion was already diffused everywhere : multitudes crowded to tender to the duke their service, with that of their vassals and retainers : and William found less dilRculty in completing his levies, than in choosing the most veteran forces, and in rejecting the offers of those who were impatient to acquire fame under so renowned a leader. Besides these advantages, which William owed to Ins personal valour and good conduct ; he was in- debted to fortune for procuring him some assistance, and also for remoWng many obstacles which it was na- tural for him to exjiect in an undertaking in which all his neighbours were so deeply interested. Conan, count of Bricanny, was his mortal enemy: in order to throw a damp upon the duke's enterprise, he chose this conjuncture for reviving his claim to Normandy itself; and he required that in case of WiUiam's suc- cess against England, the possession of that dutchy should devolve to him. But Conan died suddenly after making this demand ; and Hoel, his successor, instead of adopting the malignity, or, more pi'operly speaking, the prudence of his predecessor, zealously seconded the duke's views, and sent his eldest son, Alain Fergant, to serve under him with a body of five tliousand Britons. The counts of Anjou and of Flanders encouraged their subjects to engage in the expedition ; and even the court of France, though it might justly fear the aggrandizement of so dangerous a va-ssal, pursued not its interests on this occasion with sufficient vigour nnd resolution. PhiUp I. the reign- ing monarch, was a minor ; and William, having com- municated his project to the council, having desired assistance, and offered to do homage, in case of his success, for the crown of England, was indeed openly ordered to lay aside all thouglits of the enterprise; but the earl of Flanders, his father-in-law, being at the head of the regency, favoured under-hand his levies, and secretly encouraged the adventurous nobility to enlist under the standard of the duke of Normandy. The emperor,Henry IV. besides openly giving all his vassals permission to embark in this expedition, which so much engaged the attention of Europe, promised his protection to the dutchy of Normandy during the ab- sence of the prince, and thereby enabled him to employ his whole force in the invasion of England. But the most important ally, whom William gained by his negocia- tions, was the pope, who had a mighty influence over tlie ancient barons, no less devout in their reUgious principles, than valorous in their military enterprises. The Itoman pontiff, after an insensible progress during several ages of darkness and ignorance, began now to lift his head openly above all the princes of Europe ; to assume the otKce of a mediator, or even an arbiter in the quarrels of the greatest monarchs ; to intei'- pose in all secular affairs ; and to obtrude his dictates as sovereign laws on his obsequious disciples. It was a suflicient motive to Alexander II., the reigning pope, for embracing William's quarrel, that he alone had made an appeal to his tribunal, and rendered him umpire of the dispute between him and Harold ; but there were other advantages which that pontiff fore- saw must result from the conquest of England by tho Norman arms. That kingdom, though at first con- verted by Romish missionaries, though it had after- wards advanced some further steps towards subjection to Itome, maintained still a considerable independence in its ecclesiastical administration ; and forming a world within itself, entirely separated from the rest of Europe, it had hitherto proved inaccessible to those exorbitant claims which supported the grandeur of the papacy. Alexander therefore lioped that the French and Normon barons, if successful in their enterprise, might import into that country a more devoted reverence to the holy see, and bring tho English churches to a nearer conformity with those of the continent. He declared immediately in fa^'our of WiUiam's claim ; pronounced Harold a perjured usm-per ; denounced excommimication against him and his adherents ; and the more to encourage the duke of Normandy in his enterprise, he sent hira a consecrated banner, and a ring with one of St. Peter's hairs in it. Thus were all the ambition and violence of that in- vasion covered over safely with the broad mantle of religion. The greatest difficulty which William had to en- counter in its preparations, arose from his own sub- jects in Normandy. The states of the dutchy were assembled at Lisleboune ; and supplies being demanded for the intended enterprise, which promised so much glory and advantage to their country, there appe.ared a reluctance in many members, both to grant sums so much beyond the common measure of taxes in that age, and to set a precedent of performing their mili- tary service at a distance from their own country. The duke, finding it dangerous to solicit them in a body, conferred separately with the richest individuals in the province ; and beginning wit'a those on whose affections he most relied, he gradually engaged all of them to advance the sums demanded. The count of Longue-i-ille seconded him in this negociation ; as did the count of Mortaigne, Odo bishop of BaieuX; and es- pecially William Fitz-Osborne, count of Breteiiil, and constable of the dutchy. Every person, when he himself was once engaged, endeavoured to bring over others ; and at last the states themselves, after stipu- lating that this concession should be no precedent, voted t.hat they would assist their prince to the utmost bis intended enterprise. Chap, III.] "William had now assembled a fleet of three thou- sand vessels, great and small, and had selected an array of sixty thousand men from among those numerous supplies which from every quarter solicited to be re- ceived into his servnce. The camp bore a splendid yet a martial appearance, froiu the discipline of the men, the beauty and vigour of the horses, tlie lustre of the arms, and the accoutrements of both, but above all, from the higli names of nobility who engaged under the banners of the duke of Normandy. The most cele- brated were Eustace count of Boulogne, Aimeri de Thouars, Hugh d'Estaples, WiUiam d'Evreux, Geoffrey de Rotrou, Roger de Beaumout, William de Warenne, Roger de Montgomery, Hugh de Grantmesnil, Charles Martel, and Geoffrey GiflTard. To these bold chief- tains WilUara held up the spoils of England as the prize of their valour ; and pointing to the opposite shore, called to them, that there was the field on which they must erect tropliies to their name, and fix their establishments. A\'hile he was making these mighty preparations, the duke, that he miglit increase the number of Harold's enemies, excited the inveterate rancour of Tosti, and encouraged him, in concert with Harold Halfager, king of Norway, to infest the coasts of England. Tosti, having collected about sixty vessels in the ports of Flanders, put to sea ; and after commit- ting some depredations on the south and east coasts, he sailed to Northumberland, and was there joined by Haltager, who came over witli a great armament of three hundred sail. The combined fleets entered the Hamber, and disembarked the troops, who began to extend their depredations on all sides; when Jlorcar, pari of Northumberland, and Edwin, earl of Jlercia, the king's brother-in-law, having hastily collected some forces, ventured to give them battle. The action ended in the defeat and flight of these two noblemen. Harold, informed of this defeat, hastened with an army to the protection of iiis people ; and expressed the utmost ardour to show himself worthy of the crown which had been conferred upon him. This prince, though he was not sensible of the full extent of his danger, from the great combination against him, had employed every art of popularity to acciuire the affections of the pubhc ; and he gave so many proofs of an equitable and prudent administration, that tlie English found no reason to reijent the choice which they had made of a sovereign. They flocked from all quarters to join his standard ; and as soon as he readied the enemy at Standford, he found himself in a condi- tion to give them battle. [Sept. 25.] The action was bloody ; but the victory was decisive on the side of Harold, and ended in the total route of the Noivegians, together with the death of Tosti and Halfager. Even the Norvegian fleet fell into the hands of Harold ; who had the generosity to give prince Olave, theson of Halfagar, his liberty, and allow him to depart with twenty vessels. But he had scarcely time to rejoice for this victory, when he received the intelligence that the duke of Normandy was landed with a great araiy in the south of England. The Norman fleet and army had been assembled early in the summer, at the mouth of the small river Dive, and all the troops had been instantly embarked ; but the winds proved long contrary, and detained them in that harbour. The authority, however, of the duke, the good discipline maintained among the sea- men and soldiers, and the great care in supplying them with provisions, had prevented any disorder ; when at last the wind became favourable, and enabled them to sail along the coast till they reached St. Valori. There were, however, several vessels lost in thi? short passage ; and as the wind again proved contrary, the army began to imagine that Heaven had declared against them, and that, notwithstanding the pope's be- nediction, they were destined to certain destruction. These bold warriors, who despised real dangers, were Vfiry subject to the dread of imaginary ones ; and many HAROLD 1066. 59 of them began to mutiny, some of them even to desert their colours ; when the duke, in order to support their drooping hopes, ordered a procession to be made with the relics of St. Valori, and prayers to be said for more favourable weather. The wind instantly changed ; and as this incident happened on the eve of the feast of St. Michael, the tutelar saint of Normandy, the soldiers, fancying they saw the hand of Heaven in all these concurring circumstances, set out with the greatest alacrity. They met with no opposition on their pas- sage : a great fleet, which Harold had assembled, and which had cruised all summer off the Isle of Wight, had been dismissed, on his receiving false intelligence that William, discom-aged by contrary winds and other accidents, had laid aside his preparations. The Nor- man armament, proceeding in great order, arrived, without any material loss, at Pevensey in Sussex ; and the army quietly disembarked. The duke himself, as he leaped on shore, happened to stumble and fall; but had the presence of mind, it is said, to turn the omen to his advantage, by calling aloud that he had taken possession of the country. And a soldier, running to a neighbouring cottage, plucked some thatch, which, as if giving him seizine of the kingdom, he presented to his general. The joy and alacrity of William and his whole army was so great, that they were nowise dis- couraged, even when they heard of Harold's great victory over the Norvegians : they seemed rather to wait with impatience the arrival of the enemy. The victory of Harold, though great and honour- able, had proved in the main prejudicial to his interests, and may be regarded as the immediate cause of his ruin : he lost many of his bravest officers and soldiers in the action ; and he disgusted the rest by refusing to distribute the Noi'vegian spoils among them : a conduct which was little agreeable to his usual gene- rosity of temper ; but Avhich his desire of sparing the people, in the war that impended over him from the duke of Normandy, had probably occasioned : he has- tened, by quick marches, to reach this new invader; but though he was re-enforced at London and other places with fresh troops, he found himself also weakened by the desertion of his old soldiers, who from fatigue and discontent secretly withdrew from their colours. His brother, Gurth, a man of bravery and conduct, began to entertain apprehensions of the event ; and remonstrated with the king, that it wouKl be better policy to prolong the war ; at least, to spari his own person ia the action : he urged to him, that the desperae situation of the duke of Normandy made it requisite for that prince to bring matters to a speedy decision, and put his whole fortune on the issue of a battle; but that the king of England, in his own country, beloved by his subjects, provided with every supply, had more certain, and less dangerous means of ensuring to liimself the victory : that the Norman troops, elated on the one hand with the highest hopes, and seeing, on the other, no resource in case of a discomfiture, would fight to the last ex- tremity; aTid being the flower of all the warriors of the continent, must be regarded as formidable to the English : that if their first fire, which is always the most dangerous, were allowed to languish for want of action ; if they were harassed with small sldrmishes, straitened in provisions, and fatigued with the bad weather and deep roads during the winter season, which was approaching, they must fall an easy and a bloodless prey to their enemy : that if a general action, were delayed, the EngUsh, sensible of the imminent danger to which their properties, as well as hberties, were exposed from those rapacious invaders, would hasten from all quarters to his assistance, and would render his army invincible : that at least, if he thought it necessary to hazard a battle, he ought not to expose his own person, but resei've, in case of disastrous acci- dent, some resource to the Hberiy and independence of the kingdom : and that having once been so unfor- tunate as to be constraJiied to swear, and that upon 60 THE HISTORY OF ENGLAND. rciiAP. Ill Uie holy relics, to support tlie pretensions of the duke of Nonnauil)-, it were Letter that the command of the army should be entrusted to another, who, not being bound by those sacred ties, might give the soldiers more assur8d hopes of a prosperous issue to the combat. Harold was deaf to all these remonstrances : elated with his past prosperity, as well as stimulated by his native courage, he resolved to give battle in person ; and for that purpose he drew near to the Nornians, who had removed their camp and fleet to Hastings, where they fixed their quarters. lie was so confident of success, that he sent a message to the duke, pro- mising him a cum of money if he would depart the kingdom without effusion of blood : but his offer was reje'cted with disd.ain ; and William, not to be behind with his enemy in vaunting, sent him a, message by some monks, requiring him either to resign the kmg- dom, or to hold it of him in feaUty, or to submit their cause to the arbitration of the pope, or to fight him in single combat. Harold rephed, that the God of battles would soon be the arbiter of all their dif- ferences. The English and Norm-ins now prepared themselves for this important decision ; but the aspect of things, on the night before the battle, 14th October, was very different in the two camps. The Enghsh spent the time in riot, and jollity, and disorder ; the Normans in silence, and in prayer, and in the other functions of their religion. On the morning, the duke called together the most considerable of his commanders, and made them a speech suitable to the occasion. He represented to them, that the event which they and he had long wished for, was approaching ; the whole for- tune of the war now depended on their swords, and would be decided in a single action ; that never army had greater motives for exerting a vigorous coin-age, whether they considered the prize which would attend their \-ictory, or the inevitable destruction which must ensue upon their discomfiture : that if their martial and veteran bands could once break those raw soldiers, who had raslily dared to approach them, they con- quered a kingdom at one blow, and were justly entitled to all its possessions as the reward of their prosperous valour : that, on the contrary, if they remitted in the least their wonted prowess, an enraged enemy hung upon their rear, the sea met them in their retreat, and an ignominious death was the certain punishment of their imprudent cowardice : that, by collecting so nu- merous and brave a host, he had ensured every human means of conquest ; and the commander of the enemy, by his criminal conduct, had given him just cause to hope for the favour of the Almighty, in whose hands alone lay the event of wars and battles : and that a perjured usurper, anathematized by the sovereign pontiff, and conscious of his own breach of faith, would be struck with terror on their a]ipcarance, and would prognosticate to himself tlua't fate which his multiplied crimes had so justly merited. The duke next divided his army into three linos : the first, led by Jlontgomery, consisted of archers and light-armed in- fantry : the second, commanded by Martel, was com- posed of his bravest battalions, heavy armed, and ranged in close order : his cavalry, at whose head he placed himself, formed the thu-d line ; and were so disposed, that they stretched beyond the infantry, and flanked each wing of the army. He ordered the signal of battle to be given ; and the whole army, moving at once, and singing the hymn or song of Roland, the famous peer of Charlemagne, advanced in order and with alacrity towards the enemy. Harold had seized the advantage of a rising ground, and having Ukewise drawn some trenches to secure his flanks, he resolved to stand upon the defensive, and to a\oid all action with the cavalry, in which he was inferior. The Kentish men were placed in the van ; a post which they had always claimed as their due ; the Londoners guarded the standard : and the king liim- self, accompanied by his two v.aliant brothers, Gurth and Leofwin, dismounting, placed himself at the head of his infantry, and expressed his resolution to con- quer, or to perish in the action. The first attack of the Normans was desperate, but was received with equal valour by the English ; and after a furious com- bat, which remained long undecided, the former, overcome by the difticulty of the ground, and hard pressed by the enemy, began first to relax their vin-oiir, then to retreat ; and confusion was spreading among the ranks, when WiUiam who found himself on the brink of destruction, hastened with a select baud to the relief of his dismayed forces : his presence re- stored the action ; the English were obliged to retire with loss ; and the duke, ordering his second line to advance, renewed the attack with fresh forces, and with redoubled courage. Finding that the enemy, aided by the advantage ol; ground, and animated by the example of their prince, still made a vigorous re- sistance, he tried a stratagem, which was very deUcate in its management, but which seemed advisable in liis desperate situation, where, if he gained not a decisive victory, he was totally undone : he commanded his troops to make a hasty retreat, and to allure the enemy from their ground by the appearance of flight. The artifice succeeded against those unexperienced soldiers, who, heated by the action, and sanguine in their liopes, precipitately followed the Normans into the plain. WilUam gave orders, that at once the infantry should face about upon their pursuers, and the cavalry make an assault upon their wings, and both of them pursue the advantage, which the surprise and teiTor of the enemy must give them in that critical and decisive moment. The English were repulsed with great slaughter, and driven back to the hill; where, being rallied by the bravei-y of Harold, they were able, notwithstanding their loss, to maintain the post, and continue the combat. The duke tried tho same strat.igem a second time with the same success ; but even after this double advantage, he still found a great body of the English, who, maintaining them- selves in firm an-ay, seemed determined to dispute the victory to the last extremity. He ordered his heavy- armed infantry to make an assault upon them ; whUe his archers, jilaced behind, should gall the enemy, who were exposed by the situation of the ground, and who were intent in defending themselves against the swords and spears of the assailants. By this disposi- tion he at last prev.ailed: Harold was slain by an arrow, while he was combating with great bravery at the head of his men : his two brothers shared the same fate : and the English, discouraged by the fall of those princes, gave ground on all sides, and were pur- sued with great slaughter by the victorious Normans. A few troops, however, of the vanquished had still the courage to turn upon their piirsuers ; and attack- ing them in deep and miry ground, obtained some re- venge for the slaughter and dishonour of the day. But the appearance of the duke obliged them to seek their safety by flight ; and darkness saved them from any- further pursuit by the enemy. Tims was gained by William, duke of Normandy, the great and decisive victory of Hastings, after a battle which was fought from morning till sunset, and which seemed worthy, by the heroic valour displayed by both armies, and by both commanders, to decide tho fate of jaLO-SAXON GOVERNMENT AND MANNERS. Fil.'l Saxon GovernmeDt Succession of the Kings The A\'ittenaeemot The Aristocracy The several Orders of Slen Courts of Justice — L'ninioal Late Rules of I'roof Military Force I'ublic Reve- nue Value of Money Manners. a "'HE government of the Germans, and that of all ■ the northern nations, who established themselves on the ruins of Rome, was always extremely free ; and those fierce people, accustomed to independence and inured to arms, were more guided by persuasion than authority, in the submission which they ])aid to their princes. The military despotLsra, which had taken place in the Roman empire, and wliich, previously to the irruption of those conquerors, had sunk the genius of men, and destroyed every noble principle of science and \-irtue, was unable to resist the vigorous efforts of a free people ; and Europe, as fi-om a new epoch, re- kindled her ancient spirit, and shook off the base servi- tude to arbitrary wiU and authority, under which she had so long laboured. The free constitutions then established, however impaired by the encroachments of succeeding princes, still preserve an air of independ- ence and legal administration, which distinguish tlie Eu- ropean nations ; and if that part of the globe maintain sentiments of Uberty, honour, equity, and valour, supe- rior to the rest of mankind, it owes these advantages chiefly to the seeds implanted by those generous bar- LariauE. FIRST SAXON GOVERNMENT. The Saxons, who subdued Britain, as they enjoyed great liberty in their own country, obstinately retained that invaluable possession in their new settlement; and they imported into this island the s-ime principles of independence, which they had inherited from their an- cestors. The cliieftains (for such they were, more pro- perly than kings or princes) who commanded them in those military expeditions, still possessed a very limited authority; and as the Saxons exterminated, rather than subdued, the ancient inhabitants, they were indeed transplanted into a new territory, but preserved unal- tered all their ci^•il and military institutions. The language was pure Saxon; even tlie names of places, ■which often remain while the tongue entirely changes, ■were almost all affixed by the conquerors; the manners and customs were wholly German ; and the same pic- ture of a fierce and bold Uberty, which is drawn by the masterly pencil of Tacitus, will suit those founders of the English government. The king, so far from being invested with arbitrary power, was only considered as the first among the citizens; his authority depended more on his personal qualities than on his station ; he was even so far on a level with the people, that a stated price was fixed for his head, and a legal fine was leried Mpon his murderer, whicli, though proportionate to liis station, and superior to that paid for the hfe of a subject, was a sensible mark of his subordination to the community. SUCCESSION OP THE KINGS _ It is easy to imagine, that an independent people, so little restrained by law and cultivated by science, would not be very strict in maintaining a regular succession of their princes. Thougli they paid great regard to the royal family, and ascribed to it an undisputed superi- ority,they either had no rule, or none that was steadily observed, in filUng the vacant throne; and present convenience, in that emergency, was more attended to Ihan general principles. We are not, however, to suppose that the crown w.as considered as altogellier elective; and that a regular plan was traced by the constitution for supplying, by the suffrages of the people, every vacancy made by the demise of the first magi.strate. If any king left a son of an age and cajiacity fit for government, the young prince naturally stepped into the throne : if lie was a minor, liis uncle, or the next prince of the blood, was promoted to the government, and left the sceptre to his posterity: any sovereign, by taking previous measures with the lead- ing men. Lad it greatly iu his power to appoint his successor : all tliese changes, and indeed the ordinary administration of government, i-equired the express concurrence, or at least the tacit acquiescence of the people ; but possession, however obtained, was ex- tremely apt to secure their obedience, and tlie idea of any riglit, which was once excluded, was but feeble and imperfect. This is so much the case in all barba- rous monarchies, and occurs so often in the history of the Anglo-Saxons, that we cannot consistently enter- tain any otlier notion of their government. The idea of an hereditary succession in authority is so natural to men, and is so much fortified by the usual rule in transmitting private possessions, that it must retain a great influence on every society, whicli does not ex- clude it by the refinements of a republican constitu- tion. But as there is a material difference between government and private possessions, and eveiy man is not as much qualified for exercising the one, as for en- joying the otlier, a people, who are not sensible of the general advantages attending a fixed rule, are apt to make great leaps in the succession, and frequently to pass over the person, who, had he possessed the re- quisite years and abilities, would have been tliought entitled to the sovereignty. Thus, these monarchies are not, strictly speaking, either elective or hereditary; and though the destination of a prince may often be followed in appointing his successor, they can as little be regarded as wholly testamentary. The states by their suflVage may sometimes establish a sovereign ; but they more frequently recognise the person whom they find established: a few great men take the lead; the people, overawed and infiuonced, acquiesce in the government ; and the reigning prince, provided he be of the royal family, passes undisputedly for the legal sovereign. THE WITTENAGEMOT. It is confessed that our knowledge of the Anglo- Saxon history and antiquities is too imperfect to afloivl us means of determining, with certainty, all the jire- rogatives of the crown and privileges of tlie people, or of gi^ving an exact delineation of that government. It is probable also, that the constitution might be some- what different in the different kingdoms of the Hep- tarchy, and that it changed considerably during the course of six centuries, which elapsed from the first invasion of the Saxons till the Norman conquest.* But most of tliese diflferences and changes, with their causes and efiects, are unknown to us; it only appears, tliat at all times, and in all the kingdoms, there was a national council, called a Wittenagemot, or assembly of the wise men, (for that is the import of the term,) whose consent was requisite for enacting laws and for ratify- ing the chief acts of public administration. The pre- ambles to all the laws of Ethelbert,Ina, Alfred, Edward • We know of one change, not inconsiderahic, in the Saxon constittitii n. The Saxon Annals (p. 4D) infirm ns. that it was in early times the prerogative of the king to name the dukes, earls, aldermen, and sheriffs of the counties. Asser. acontenifKirajy u-riter, informsus, that.Mfred deposed all the ignorAnt aldermen, and api>.tintcd men of more capacity in their place: yet the laws of Kdward the tutifesss all these, ex- cepting some of the ecclesiastics,t were anciently ap- • Soiiicrimt's abbesses we.e fldmiltcd; at Icist, tliey often sign the king's CI1.VUTS or Kmnis. Spdni. Gloss, in varbo I'arlianicntinn. t There is some rrjuon t« think that the biehujjs were sometime- chosen by pointed by the king, liad there been no other legislative authority, the royal power had been in a great measure absolute, contrary to the tenor of all the historians, and to the practice of all the northern nations. We may therefore conclude, that the more considerable proprietors of land were, without any election, con- stituent members of the national assembly : there is reason to think that forty hydes, or between four or five thousand acres, was the estate requisite for enti- tling the possessor to this honourable privilege. We find a passage in an ancient author, by which it ap- pears, that a person of very noble birth, even ono allied to the crown, was not esteemed a princeps (the term usually employed by ancient historians when the Wittenagemot is mentiom^d) till he liad acquired a fortune of that amount. Nor need we imagine that the j)ublic council would become disordeily or con- fused by admitting so great a multitude. The landed property of England was probably in few hands during the Saxon times; at least during the latter part of that period : and as men had hardly any ambition to attend those public councils, there was no danger of the as- sembly's becoming too numerous for the dispatch of the little business which was brought before them. THE ARISTOCBACY. It is certain that whatever we may determine cou- cerning the constituent members of the Wittenagemot, in whom, with the king, the legislature resided, the Anglo-Saxon government, in the period preceding the Norman conquest, was become extremely aristocra- tical: the royal authority was very limited; the people, even if admitted to that assembly, were of little or no weight and consideration. We have hints given us iu historians, of the great power and riclies of particular noblemen: and it could not but happen, after the abo- lition of the Heptarchy, when the king lived at a dis- tance from the provinces, that tliose great proprietors, who resided on their estates, would :nuch augment their authority over their vassals and retainers, and over all the inhabitants of the neighbourhood. Ilcnce the immeasurable power assumed by Harold, Godwin, Leofric, Siward, Morcar, Edwin, F.dric, and Alfric, who controlled the authority of the kings, and rendered themselves quite necessary in the government. The two latter,though detested by the people, on account of their joining a foreign enemy, still preserved their power and influence; and we may therefore conclude that their authority was founded, not on popularity, but on family rights and possessions. There is one Athelstan mentioned in the reign of the kirjg of that name, who is called aldernuiu of all England, and is said to bo half-king ; though the monarch himself was a prince of valour and abilities. And we find, that in the latter Saxon times, and in these alone, the great offices went from father to son, and became in a manner hereditary in the families.^ The circumstances attending the invasions of the Danes would also serve much to increase the power of the in-incii)al nobility. Tliose freebooters made unex- pected inroads on all quarters ; and there was a neces- sity that each county should resist them by its own force, and under the conduct of its own nobiUty and its own magistrates. For the same reason that a general war, managed by the united efforts of the whole stats, commonly augments the power of the crown, those private wars and inroads turned to the advantage of the aldennen and nobles. Among that military and turbulent people, so averse tile VVittena^entot, and confirmed by the kinp. Eddius, cap. 2. The abbots in the monasteries of royal foundation were anoenlly nanieU by tltc klru' : thoufih Kdftar i-avc the monks the election, and only rererved to liiinself the latihcaiion. Tliis destination was alternards (reqoentiy violatej of tlie Conqueror, envying the great credit of Lanfrane, nliich was increased by ilia late services, enforced all tlicse motives with their partisans, and engaged them in a formal con- spii-acy to dethrone the king. They communicated their design to Eustace, count of Bologne, Roger, carl of Shrewsbury and Arundel, Robert de Belesme, hi.s eldest son, William, bishop of Durham, Robert de Moubray, Roger Bigod, Hugh de Grentmesnil; and they easily procured the a.sscnt of these potent noblemen. The conspirators, retiring to their castles, hastened to put themselves in a military posture ; and expecting to be soon supported by a powerful army from Nor- mandy, they had already begun hostilities in many places. Tlie king, sensible of his perilous situation, endea- voured to engage the affections of tlie native English. As that people were now so thoroughly subdued that they no longer asiiirod to the recovery of their ancient liberties, and were content with the prospect of some mitigation in the tyranny of tlie Norman princes, they zealously embiaced William's cause, upon receiving general promises of good treatment, and of enjoying the licence of Imnting in the royal forests. The king was soon in a situation to take the field ; and as he knew the danger of delay, he suddenly marched into Kent, wliere bis uncles had already seized the fortresses of Pevensey ami Roches- ter. These places he successively leduced by famine ; and though he was prevailed on by the earl of Chester, William de Warrenne, and Robert Fitz-Hammon, who had embraced his cause, to spare the lives of the rebels, he confiscated all their estates, and banished them tlie kingdom. This success gave authority to his negocia- tions with Roger, earl of 8lirew.sbury, whom lie detaclied from the confederates; and as his powerful fleet, joined to the indolent conduct of Robert, prevented the anival of the Norman succours, all the other rebels found no resource but in flight or submission. Some of them received a pardon ; but the greater part were attainted ; and the king bestowed their estates on the Norman barons who had remained faithful to him. 1089. William, freed from the danger of these insur- rections, took little care of fulfilling his promises to the English, who still foimd themselves exposed to the same oppressions wliieh they had undei'gone during the reign of the Conqueror, and which were rather augmented by the violent, impetuous temper of the [irescnt monarch. Tlie death of Lanfrane, who retained great influence over liiin, gave soon after a full career to his tyranny : and all orders of men found reason to complain of an aibitrary and illegal administra- tion. Even the privileges of the church, held sacred in those days, were a feeble rampart against his usurpa- tions. He seized the temporalities of all the vacant bislioprics and abbeys ; he delayed the appointing of successors to those dignities, that he might the longer enjoy the profits of their revenue; he bestowed some of the church lands in perpetuity on his captains and favourites; and he ojienly set to B;\le such sees and abbeys as he tliought luopcr to dispose of. Though the nmrmui's of the ecclesiastics, wliich were quickly pro- M e2 pngated to the nation, i.ue high against this grievance, the terror of Williaiu's autirority, confimied by tlie oppression of tlie late insurrections, retained every one in subjection, and preserved general tranquillity iu England. INVASION OF NORMANDY. 1090. The Icing even thought himself enabled to disturb his brother in the possession of Normandy, llie loose and negligent administration of that prince had em- boldened the Norman barons to affect a great inde- pendency ; and their mutual quarrels and devastations liad rendered that whole territory a scene of violence and outraire. Two of them, Walter and Odo, were bribed by AVilliam to deliver the fortresses of St. A^a- lori and Albemarle into his hands : others soon after imitated the example of revolt ; while Phihp, king of France, who ought to have protected his vassal in the possession of his fief, was, after making some efforts in his favour, engaged by large presents to remain neuter. The duke had also reason to apprehend danger from the intrigues of his brother Henr}^ This young prince, who had inherited nothing of his father's great possessions, but some of his money, had fur- nished Robert, while lie was making his preparations against England, with the sum of three thousand marks; and, in return for so slender a supply, had been put in possession of the Cotentin, which compre- bended near a third of the dutchy of Normandy. Robert afterwards, upon some suspicion, threw him into prison ; but finding himself exposed to invasion from the king of England, and dreading the conjunc- tion of the two brothers against him, he now gave Henry his liberty, and even made use of his assistance in suppressing the insurrections of his rebellious subjects. Couan, a ricli burgess of Rouen, had en- tered into a conspiracy to deliver that city to William; but Henry, on the detection of his guilt, carried the traitor up to a high tower, and with his own hands flung him from the battlements. The king appeared in Normandy at the head of an army ; and affairs seemed to have come to extremity between the brothers ; when the nobility on both sides, strongly connected by interest and alhances, inter- posed and mediated an accommodation. The cliief advantage of this treaty accrued to William, who obtained possession of the territory of En, the towns of Aumale, Fescamp, and other places : but in return he promised that he would assist his brother in subdu- ing Maine, which had rebelled ; and that the Norman barons attainted in Robert's cause should be restored to their estates in England. The two brothers also stipulated, that on the demise of either without issue, the surWvor should inherit all his dominions ; and twelve of the most powerful barons on each side swore, that they would employ their ^jower to insure the effectual execution of the whole treaty : a strong proof of the great independence and authority of the iiobles in those ages ! Prince Henry, disgusted that so little care had been taken of his interests in this accommodation, retired to St. Michael's Mount, a strong fortress on the coast of Normandy, and infested the neighbourhood with his incursions. Robert and William, with their joint forces, besieged him in this plate, and had nearly reduced him by tlie scarcity of water; when the elder hearing of bis distress, granted him permission to supply himself, and also sent liim some pipes of wine for his own table. iJeing rcpro\od by William for this ill-timed geuero- tity, he replied, Wlia/, shall I suffer my brother to die of thirst? Where shall we find another when he is gone? The king also, during this siege, performed an act of generosity which was less suitable to liis character. Riding out one day alone, to take a survey of the fort- ress, he ■i'-as attacked by two soldiers and dismounted. One of them drew his sword in order to dispatch him ; when, the kinff oxelaimed, //o/rf, icnave I I am the king THE HISTORY OF ENGLAND. [Chap, V. of England. The soldier suspended hh blow ; and raising the king from the ground, with expressions (if respect, received a handsome reward, and was taken into his service. • Prince Henry was soon after obliged to capitulate; and being despoiled of all his patrimony, wandered about for some time with very few attend- ants, and often in great poverty. 1091. The continued intestine discord among the barons was alone in that age destructive : the public wars were commonly short and feeble, produced little bloodshed, and were attended with no memorable event. To this Norman war, which was so soon concluded, there succeeded hostilities with Scotland, which were not of longer duration. Robert here com- manded his brother's army, and obliged Malcolm to accept of peace, and do homage to the crown of Eng- land. This peace was not more durable. Malcolm, two years after, [1093,] lei-j-ing an army, invp.ded Eng- land; and after ravaging Northumberland, he laid siege to Alnwick, where a party of Earl Jloubray's troops falling u])on him by surprise, a sliarp action en- sued, in which Malcolm was slain. This incident inter- rujjted for some years the regular succesnion to the Scottish crown. Though JIalcolin left legitimate sons, his brother Donald, on account of the youth of these princes, was advanced to the tlu one ; but kept not long possession of it. Duncan, natural son of Malcolm, formed a conspiracy against him ; and being assisted by Wilham with a small force, made himself master of the kingdom. New broils ensued with Normandy. The fiank, open, remiss temper of liobert was ill fitted to withstand the interested rapacious character of William, who, supported by greater power, was still encroaching on liis brother's possessions, and insti- gating his turbulent barons to rebellion against him. Tlie Icing, having gone over to Normandy [1094] to support bis partisans, ordered an army of twenty thousand men to be levied in England, and to be con- ducted to the sea-coast, as if they were instantly to he embarked. Here Ralph Flanibard, the king's minister, and the chief instrument of his extortions, exacted tea shillings a-piece from them, in lieu of their service, and then dismissed them into their several counties. Tliis money was so skilfully employed by William, that it rendered him better service than he could have ex- pected from the army. He engaged the French king by new presents to depart fiom the protection of Robert ; and he daily 'nribed tlio Norman barons to desert his service : but was prevented from pushing his advantages by an incursion of the Welsli, which, obliged him to return to England. He found no difficulty in repelling the enemy ; but was Jiot able to make any considerable impression on a country guarded by its mountainous situation. A conspiracy of his own barons, [1095,] which was detected at this time, ap- peared a more serious concern, and engrossed all his attention. Robert Moubray, earl of Northumberland, was at the head of this combination ; and he engaged in it the count d'Eu, Richard de Tunbridge, Roger de Lacey, and many otheis. The purpose of the conspi- rators was to dethrone the king, and to advance in his stead Stephen, count of Aumale, nephew to the Con- queror. William's dispatch jirevented the design from taking eft'ect, and disconcerted the conspirators. Mou- bray made some resistance ; but being taken prisoner, was attainted, and thrown into confinement, [1090, | where he died about thirty years after. The count d'Eu denied his concurrence in the plot; and to justify himself, fought, in the presence of the court at Windsor, a duel with Geoffrey Bainard, who accused him. But being worsted in the combat, he was con- demned to be castrated, and to have his eyes put out. William de Alderi, another conspirator, was supposed to be treated with more rigour when he was sentenced to be hanged. THE CRUSADES. But the noise of these petty wnrK .ind noramotioJlS Chap. V.] WILLIAM RUFUS, 1087—1100. 83 \ra8 quite sunk in the tumult of the crusades, which uow engrossed the attention of Europe, and have ever since engaged the curiosity of mankind, as the most si'nal and most durable monument of Iiuman folly that has yet appeared in any age or nation. After Maho- met had, by means of liis pretended revelations, united the dispersed Arabians under one head, they issued forth from their deserts in great multitudes ; and being animated with zeal for their new religion, and supported by the vigour of their new government, they made deep impression on the Eastern emjiire, which was far in the decline, with regard both to mili- tary disciphue and to civil pohcy. Jerusalem by its situation, became one of their most early conquests ; and the Christians had the mortification to see the holy sepulchre, and the other places, consecrated by the presence of their religious founder, fallen into the possession of infidels. But the Arabians or Saracens were so employed in miUtary enterprises, by which they spread their emi)ire in a few years from the banks of the Ganges to the Straits of Gibraltar, that tliey had no leisure for theological controversy; and though the Alcoran, the original monument of their faith, seems to contain some violent precepts, they were much less infected with the spirit of bigotry and persecution, than the indolent and speculative Greeks, who were contiimally refining on the several articles of their religious system. They gave little disturbance to those zealous pilgrims who daily flocked to Jeru- salem ; and they allowed every man, after paying a moderate tribute, to visit the holy sepulchre, to per- form his religious duties, and to return in peace. But the Turcomans or Turks, a tribe of Tartars, who had embraced Mahometanism, having wrested Syria from the Saracens, and having, in the year lOUo, made themselves masters of Jerusalem, rendered the pil- grimaife much more difficult and dangerous to the Chri5.lian3. The barbarity of their manners, and the confusions attending their imsettled government, ex- posed the pilgrims to many insults, robberies, and extortions ; and these zealots, returning from their meritorious fatigues and sufferings, filled all Christen- dom witli iudignation against the infidels, who jirofaned tlie holy city by their presence, and derided the sacred mysteries in the very place of tlieir completion. Gre- gory VII.,f.mongother vast ideaswhich he entertained, had formed the design of uniting all the "Western Christians against the Slahometans ; but the egregious and violent invasions of that pontiff on the civil power of princes had created him so many enemies, and had rendered his schemes so suspicious, that he was not able to make great progress in this undertaking. The work was reserved for a meaner instrument, whose low condition in life exposed him to no jealousy, and whose folly was well calculated to coincide with the prevaiUng principles of the times. Peter, couimonly called the llcrmit, a native of Amiens in Picardy, had made the pilgrimage to Jeru- salem. Being deeply affected witii the diingers to which that act of jiiety now exposed the pilgrims, as well as with the instances of oppression under which the Eastern Christians laboured, he entertained the bold, and in all appearance impracticable, project of leading iuto Asia, from the furthest extremities of the West, armies sutHcient to subdue those potent and war- like nations which now held the holy city in subjection. He projiosed his views to Martiu II., who filled the papal cliau-, and who, though sensible of the advan- tages which the head of the Christian religion must reap from a religious war, and though he esteemed the bUnd zeal of Peter a proper means for effecting the purpose, resolved not to interpose his authority till ho saw a greater probabUity of success. He summoned a council at Placentia, which consisted of four thousand ecclesiastics, and thirty thousand seculars ; and which was so numerous that no hall could contain the multi- tude, and it was necessary to hold the assembly in a plain. The harjtngues of the pope, and of Peter him- self, representing the dismal situation of their brethren in the East, and the indignity suffered by the Christian name, in allowing the holy city to remain in the hands of infidels, here found the minds of men so well pre- pared, that the whole multitude suddenly and violently declared for the war, and solemnly devoted themselves to perform this service, so meritorious, as they hn- lieved it, to God and religion. But though Italy seemed thus to have zealously em- braCL'd the enterprise, Martin kneM', that, in order to ensure success, it was necessary to enlist the greater and more warlike nations in tlie same eng.agemcnts ; and having previously exhorted Peter to visit the cliief cities and sovereigns of Cliristendom, he suninioneil another council at Clermont in Auvergne. The fame of this great and pious design, being uow universally difl'used, procured the attendance of tlie greatest pre- lates, nobles, and princes ; and when the pope and the hermit renewed their pathetic exhortations, the whole assembly, as if impelled by an immediate inspiration, not moved by their preceding impressions, exclaimed with one voice, II is the tvill of God, It is the will of God! words deemed so memorable, and so much the result of a divine influence, that they were employed as the signal of rendezvous and battle in all the future exploits of those adventurers. Men of all ranks flew to ai-ms with the utmost ardour : and an exterior symbol, too, a circumstance of chief moment, was here chosen by the devoted combatants. The sign of the cross, which had been hitherto so much revered among Christians, and which, the more it was an object of reproach among the Pagan world, was tlie more passionately cherished by them, became the badge of union, and was affixed, to their right shoulder, by all who enlisted themselves in this sacred warfare. Europe was at this time sunk into profound igno- rance and superstition : the ecclesiastics had acquireil the greatest ascendant over the human mind : the people, who, being Httle restrained by honour, and less by law, abandoned themselves to the worst crimes and disorders, knew of no other expiation than the observ- ances imposed on them by their spiritual pastors : and it was easy to represent the holy war as an equiva- lent for all penances, and an atonement for every vio- lation of justice and humanity. But amidst the abject superstition which now prevailed, the militaiy spirit also had universally diffused itself; and though not sni)ported by art or discipline, was become the general passion of the nations governed by the feudal latr. All the great lords possessed the right of peace and war : they were engaged in perpetual hostiUties with each other : the open country was become a scene of outrage and disorder : the cities, still mean and poor, were neither guarded by walls nor protected by privi- leges, and were exposed to every insult ; individuals were obliged to depend for safety on their own force, or their private alliances : and valour was the only excellence which was held in esteem, or gave one nian the pre-eminence above another. When all the parti- cular suj)erstitions, therefore, were here united in one great object, the ardour for military enterprises took the same direction ; and Europe, impelled by its two ruliug passions, was loosened, as it were, from its foundations, and seemed to precipitate itself in one united body upon the East. All orders of men, deeming the crusades the only road to heaven, enlisted themselves under these sacred banners, and were impatient to open the way with their sword lo the holy city. Nobles, artisans, pea- sants, even priests, enrolled tlieir names ; and to declina this meritorious service was branded with the reproach of impiety, or what perhaps was esteemed still more disgraceful, of cowardice and pusillanimity. The in- firm and aged contributed to the expedition by presents and money ; and many of them, not satisfied with the I merit of this atonement, attended it in person, aud. I were determined, if possible, to breathe their last in ; sight of that city where their Saviour had died for Si THE HISTORY OF ENGLAND. [Chap. V, tliem. Women thernselves, concoulir.g tlieir sex under tlic disoiiiso of armour, attended tlie cam]!; and com- monly forgot still move the duty of the sex by jjrosti- tutiiig themselves, without reserve, to the army. 1'he greatest crimin.ils -were forward in a service, which they regarded as a i)ropitiation for all crimes ; and the most enormous disorders were, during the course of those expeditions, committed by men inured to wick- edness, encouraged by example, and impelled by ne- cessity. The multitude of the adventurers soon became so great, that their more sagacious leaders, Hugh, count of Vermandois, brother to the French king, Raymond, count of Toulouse, Godfrey of Bouillon, prince of Brabant, and Stephen, count of Blois, be- came a]iprehensive lest the greatness itself of the ar- mament shoidd disappoint its jiurposo ; and they permitted an undisciplined multitude, computed at 300,000 men, to go before them, under the command of Peter the Hermit, and AValtcr the Moneyless. These men took the road towards Constantinople, through Hungary and Bulgaria; and trusting that Heaven, by supernatural assistance, would supply all their necessities, they made no provision for subsistence on their march. They soon found themselves obliged to obtain by plunder what they had vainly expected from miracles ; and the enraged inhabitants of the countries through which they passed, gathering to- gether in arms, attacked the disorderly multitude, and put tliera to slaughter without resistance. The more disciplined armies followed after; and passing the f trails at Censtantinoi)le, they were mustered in the plains of Asia, and amounted in the whole to the number of 700,000 combatants. Amidst this universal frenzy, which spread itself by contagion throughout Europe, especially in France and (iermany, men were not entiiX'ly forgetful of their l>resent interests ; and Ijoth those who went on this expedition, and those who staj'ed behind, entertained schemes of gratifying, by its means, their avarice or their ambition. The nobles who enlisted themselves ■were moved, from the romantic spirit of the age, to hope for opulent establishments in the East, the chief Stat of arts and commcTce during those ages; and in pursuit of these chimei-ical projects, they sold at the lowest price their ancient castles a,nd inheritances, ■\rhich had now lost all value in their eyes. The greater princes, who remained at home, besides estab- lishing peace in their dominions by giving occupation .abroad to the inquietude and martial disposition of their subjects, took the opportunity of annexing to their crown many considerable fiel's, either by pur- chase or by the extinction of heirs. The pope fre- quently turned the zeal of the crusades from the infidels against his own enemies, whom he repre- sented .as equally criminal witli the enemies of Christ. The convents and other religious societies bought the possessions of the adventurers; and as the contribu- tions of the faithful were commonly entrusted to their management, they often diverted to this purpose what was intended to be employed against the infidels. But no one was a more immediate gainer by this epi- demic fury tlian the king of England, ^\■ho kept .aloof from all connexions with those fanatical and romantic wai'riors. ACQUISITION OF NORMANDY. Itobcrt duke of Normandy, impelled by the br.avery and mistaken generosity of his spirit, had early en- listed himself in the crus.ade ; but being always un- provided with money, he found that it would bo im- practicable for him to appear in a manner suitable to his rank and station at the head of his numerous vassals and subjects, wlio, transported with the gene- ral rage, were determined to follow him into Asia. He resolved, therefore, to mortgage, or rather to sell his dominions, which lie had not talents to govern ; aud he ofTered them to liis brother "William, for the veiy unequal sum of ton thousand marks. The bar- gain was soon concluded : the king raised the money by violent extortions on his subjects of all ranks, even on the convents, who were obliged to melt their plate in order to furnish the quota demanded of them. He was put in possession of Normandy and Maine, and Ilobert, providing himself with a magnificent train, set out for the Holy Land, in pursuit of glory, and in full confidence of securing his eternal salvation. Thesmallness of this sum, with the difficulties whicli William found in r.aising it, suffices alone to refute the account which is heedlessly adopted by historians, of the enormous revenue of the Conqueror. Is it credible, that Robert would consign to the rapacious hands of his brother such considerable dominions, for a sum, wh'ch, according to that account, made not a week's income of his father's English revenue alone ! Or that the king of England could not on demand, without oiqn'essing his subjects, have been able to pay him the money ? The Conqueror, it is agreed, w.as frugal as well as rapacious ; yet his treasure, at his death, exceeded not sixty thousand pounds, which hardly amounted to his income for two months: another certain refutation of that exaggerated ac- count. The fury of the crusades during this age less in- fected England than the neighbouring kingdoms ; pro- bably because the Norman conquerors, finding their settlement in that kingdom still somewhat precarious, durst not abandon their homes in quest of distant ad- ventures. The selfish, interested spirit also of the king, which kept hiiu from kindling in the general flame, checked its progress among his subjects ; and as he is accused of open profaneness, and was endued witli a sharp wit, it is likely that he made the romantic chi\'alry of the crusades the object of his perpetual raillery. As an instance of his irreligion, we are told, tliat he once acceiited of sixty marks from a Jew, whose son had been converted to Christianity, and who engaged liini by that present to assist liim in bringing back the youth to Judaism. William employed both menaces and persuasion for that purpose ; but finding the convert obstinate in his new faith, he sent for the father and told him, that as he had not succeeded, it wasnot just that he should keep the present ; but as he had done his utmost, it wasbutequitablc that he should be paid for his pains ; and he would therefore retain only thirty marks of the money. At another time, it is said, he sent for some learned Christian theologians and some rabbles, and bade them fairly dispute tlie question of their religion in his presence ; he was per- fectly indifferent between them ; had his ears open to reason and conviction ; and would embrace that doc- trine wliich upon comparison should be found sup- ported by the most solid arguments. If this story be true, it is probable that he meant only to amuse himself by turning both into ridicule : but we must be cautious of admitting everything related by the monkish his- torians to the disadvantage of this prince: he had the misfortune to be engaged in quarrels with the ecclesi- astics, particularly with Anselm, commonly called St. Anselm, archbishop of Canterbury ; ami it is no wonder his memory should be blackened by the his- torians of that order. QUARREL WITH ANSELM THE PRIJIATE. After the death of Lanfranc, the king for several years retained in his own h.ands the revenues of Can- terbury, as he did those of many other vacant bishop- rics ; but falling into a, dangerous sickness, he was seized with remorse, and the clergy represented to him, that he was in danger of eternal perdition, if be- fore his death, he did not make atonement for those multiplied imiiieties and sacrileges of which he had been guilty. He resolved therefore to supply in- stantly the vacancy of Canterbury ; and for that pur- pose he sent for Anselm, a Piedmontese by bii'to, Chap. V.] William rufu6, io87— iioo. 85 iibbot of Bl'C in Nonr.andy, wlio was much celebrated ! for his learning and piety. The abbot earnestly re- ' fused the dignity, fell on hisknees, wept, and entreated the king to change his purpose ; and when he found the prince obstinate in forcing the pastoral staff upon him, be kept liis fist so fast clenclicd, tliat it required the utmost violence of the bystanders to open it, and force him to receive that ensign of spiritual dignity. ^Villiam soon after recovered; and his passions re- gaining their wonted vigour, he returned to his former violence and rapine. He detained in prison si-veral persons whom he had ordered to bo freed during the time of his penitence ; lie still preyed upon the eccle- siastical benefices; the sale of spiritual dignities con- tinued as open as ever ; and he kept possession of a considerable part of the revenues belongiu'^ to the see of Canterbury. But he found in Anselm that perse- vering opposition which he had reason to expect from the ostentatious humility wliich that prelate had dis- played in refusing his promotion. Tlie opposition made by Ansolm was the more dan- gerous on account of the character of piety which ho soon acquired in England, by his great zeal against all abuses, particularly those in dress and orn.anient. There was a mode, whicli, in that age, prevailed throughout Europe, both among men and women, to give an enormous length to their shoos, to draw the toe to a sharp point, and to affix to it the figure of a bird's hill, or some such ornament, which v.'as turned upwards, and wliich was often sustained by gold or silver chains tied to the knee. The ecclesiastics took exception at this ornament, which they s.aid was an attempt to belie theScripture,wliere it is affirmed, tliat no man can add a cubit to his stature ; and they de- claimed against it witli great vehemence, nay, assem- bled some synods, who absolutely condcr.med it. But, Buch are the strange contradictions in human nature ! though the clergy, at that time, could overturn thrones, and had authority sufficient to send above a million of men on their errand to the deserts of Asia, tliey could never prevail against these long-pointed ehoss ; on the contrary that caprice, contrary to all other modes, maintained its ground during several centuries; and if the clergy had not at last desisted from their presecution of it, it might still have been the prevailing fashion in Europe. But Anselm was more fortunate in decrying the particular mode which was tlie object of liis aversion, and which probably had not taken such fast hold of the affections of the people. He preached zealously against the longhairand curled locks which were then fashion- able among the courtiers ; he refused the ashes on Ash-^^■ednesday to those who were so accoutred ; and his authority and eloquence had such influence, that the young men universally abandoned tliat ornament, and appeared in the cropped hair which was recom- mended to thorn by the sermons of the primate. Tlie noted historian of Anselm, Eadmcr, v,ho was also his companion and secretary, celebrates highly this effort of his zeal and piety. Wlien William's profaneness therefore returned to him with his health, lie was soon engaged in contro- versies with this austere prelate. There was at that time a schism in the church between Urban and Cle- ment, who both pretended to the papacy ; and Anselm, who, as abbot of Bee, had already acknowledged the former, was determined, without the king's consent, to introduce his authority into England. William, wlio, imitating his f\ither's example, had prohibited his subjects from recognizing any pope whom he liad not pre\-iously received, was enraged at this attempt ; and summoned a synod at Rockingham, witli an inten- tion of deposing Anselm ; but the prelate's suffragans declared, that, witliout the papal authority, they knew of: no expedient for inflicting tliat punishment on fheir primate. The king w.as at last engaged by other motives to give the preference to Urban's title ; .\n- tehix received the paU from that pontiff; and matters seemed to be accommodated between the king and the primate, when the quarrel broke out afresh from a new cause. William had undertaken an expedition against Wales, and required the arclibishop to furnish his quota of soldiers for that serWce ; but Anselm, who regarded the demand as an oppression on the church, and yet durst not refuse compliance, sent thein so miserably accoutred, that the King was extremely dis- pleased, and threatened him with a prosecution. An- selm, on the other hand, demanded positively that all the revenues of his see should be restored to him ; ap- pealed to Rome against the king's injustice; and affairs came to such extremities, that the primate, finding it dangerous to remain in the kingdom, desired and obtained the king's permission to retire beyond sea. All his temporalities were seized ; but be was received with great respect by Urban, who considered him as a martyr in the cause of religion, and even nie- n.aced the king, on account of his proceedings against the primate and the church, with the sentence of e;c- communication. Anselm assisted .at the council of Bari, where, besides fixing the controversy between the Greelc and Latin churches concerning tlie proces- sion of the Holy Ghost, the right of election to churcli proferments %vas declared to belong to the clergy alone, and spiritual censures were denounced against all ecclesiastics who did homage to laymen for their sees or benefices, and against all laymen who e.xacted it. Tlie rite of hom.age, by tlie feudal customs, was, that the vassal should throw himself on his knees, should put his joined hands between those of his sujierior, and should in that ))Osture swear fealty to hiin. But the council declared it execrable, that pure hands, wliich could create God, and could offer him up as a sacrifice for the salvation of mankind, should be put, after this humiliating manner, between profane hands, wliich, besides being inured to rapine and bloodshed, were employed day and night in impure purjjoses, and obscene contacts. Such were the reasonings prev.a- leiit in that age ; reasonings which, though they can- not be passed over in silence without omitting the most curious, and perhaps not the least instructive part of history, can scarcely be delivered with the requisite decency and gravity. 1097. The cession of Normandy and JIaine by duke Robert increased the king's territories, but brought him no great increase of power, because of the un- settled state of those countries, the mutinous disposi- tion of the barons, and the vicinity of the Fiench king, who supported them in all their insurrections. Even Ilelie, lord of la Fleche, a small town in Anjou, was able to give hira inquietude; and this great mo- narch was obliged to make several expeditions abroad, without being able to prevail over so petty a baron, who had acquired the confidence and affections of the inhabitants of JIaine. He was, however, so fortuiiate as at last to take him prisoner in a rencounter ; but having releasod him, at the intercession of the l^reiich king and the count of Anjou, he found the pro\'ince of Maine still exposed to his intrigues and incursions. HeUe, being introduced by the citizens into the town of Mans, besieged the garrison in the citadel: [1099:] William, who w.as hunting in the New Forest, when he received intelligence of Uiis hostile attempt, was so provoked, that he immediately turned his horse, and galloped to the sea-shore at Dartmouth; declaring, that he would not stop a moment till he had taken vengeance for the offence. He found the weather so cloudy and tempestuous, that the mariners thought it dangerous to put to sea ; but the king hurried on board, and°ordered them to .set s.ail instantly ; telling them, that they never yet heard of a king that was drowned. By this vigour and celerity, he delivered the citadel of Mans from its present danger; and pursuing HeUe into his own territories, he laid siege to Majol, a small castle in those parts : but a wound, which ho received before this place obliged him to raiso the siege; [UOOj] and ho returned to England. S(' THE HISTORY OF ENGLAND. [Chap. VI. The weakness of the greatest monarchs, during this age, in their military expeditions against their nearest neighbours, appears the more surprising, when we con- sider tlie prodigious numbers, which even petty princes, Reconding tlie cntliusiastic rnge of tlie peojile, were able to assemble, and to conduct in dangerous enter- prises to the remote provinces of Asia. William, carl of Poitiers and duke of Guienne, inflamed with the glory, and not discouraged by the misfortunes wldch had attended the former adventurers in the crusades, had put himself at the he.ad of an immense multitude, computed by some historians to amount to sixty thousand horse, and a much greater number of foot, and he purposed to lead them into the Holy Land .against the infidels. lie wanted money to for- ward the preparations requisite for this expedition, and he offered to mortgage all his dominions to Wil- liam, without entertaining any scruple on account of that rapacious and iniquitous hand to which he resolved to consign them. The king accepted the offer; and liad prepared a fleet and an army, in order to escort the money, and take possession of the rich provinces of Guienne and Poictou, when an accident jiut an end to his life (Aug. 2.) and to all his ambitious projects. He was engaged in liunting, the sole amusement, and indeed the chief occupation of princes in those rude times, when society was little cultivated, and the arts afforded few objects worthy of atteniiun. Walter Tyrrel, a Frencli gentleman, remarkable for liis ad- dress in archery, attended him in this recreation, of wliicli the New Forest was the scene; and as William had dismounted .after a chase, Tyrrel, imp.atient to ehow his dexterity, let fly an arrow at a stag, whicli Euddenly started l]efore him. The arrow, glanciniT fi'om a tree, struck the king in the breast, and in- Btautly slew him ; while Tyrrel, without informing any one of the accident, put spurs to his horse, hastened to the sea-shore, embarked for France, and joined the crusade in an expedition to Jerusalem ; a pen.auce which lie imposed on himself for this involun- tary crime. The body of William w.as found in the forest by the country pieople, and was buried without any pomp or ceremony at AVinchestcr. His courtiers were negligent in performing the last duties to a master who was so little beloved ; and every one was too much occupied in the interesting object of fixino- Lis successor, to attend the funeral of a dead sovereign. CHARACTER OF WILLIAM RUFUS. Tlie memory of tliis monarch is transmitted to as with little advantage by the ehurclimen, whom he had otfended; and though we may suspect, in general, that their account of his vices is somewhat exaggerated, his conduct affords little reason for contradictino- the character which they have assigned him, or for attri- buting to him any very estimabla qualities. He seems to h.ave been a violent and tyrannical prince ; a perfidious, encroaching, and dangerous neighbour ; an unkind and ungenerous relation. He was equally pro- digal and rapacious in the management of his trca- Buiy ; and if he possessed abilities, he lay so raiK>h under the government of impetuous passions, that he made little use of them in his administration ; and he indulged, without resei-ve, that domineering policy which suited his temper, and which, if supported, .as it was in him, with courage and vigour, jiroves often more successful in disorderly times, tl'.an the deepest foresight and most refined artifice. The monuments which remain of this prince in England, are the Tower, Westminster Hall, and Lon- don-Bridge, which he built. The most laudable foreign enterpi-ise wliieh he undertook-, was tlie sending "of Edgar Atheliug, three years before his death, mto ycollaiid with a small aiuiy, to restore princo Edgar the true heir of that kingdom, son of Malcolm, and of Margaret, sister of Edgar Atheling; and the enterpnBe proved suocassful. It was remai'ked in that age. that Richard, an elder brother of Willi.am's, perished by an. accident in the New Forest ; Richard, Ins nephew, na- tural son of Duke Robert, lost his life in the same place, after the same manner : and all men, upon the Idng's fate, exclaimed, that, as the Conqueror had been guilty of extreme violence, impelling all the inha- bitants of that large district to make room for his game, the just vengeance of Heaven was signalized, ia the same place, by the slaughter of his posterity. William was killed in the thirteenth year of his reign, and about the fortieth of his age. As he was never married, he left no legitimate i.?sue. In the eleventh year of this reign, Magnus, king of Norway, made a descent on the Isle of Anglesea, but was repulsed by Hugh, earl of Shrewsbury. This is the last attempt made by the northern nations upon England. That restless people seem about this time to have learned the practice of tillage, which thenceforth kept them at home, and freed the other nations of Eui'ope from the devastations spread over them by those piratical invaders. This proved one great cause of the subsequent settlement and improvement of the southern nations. CHAPTER VI. HENRY L The Crusades Acression of Henry MarriafTC of tTic Kmg Tnrasinu by Uiike Robert .Acconiinodation with Robert — -Atiack nl Nor- iDandy Conquest of Norniaudy Coiitiiiuation of the yuainl with AiiSrIm, the l^iiiiitri; Compromise with him Wars abroad • iJcaih of Piince W illiam King's second Marriage Death and Ctuir racter of Henry. THE CRUSADES. HOO. AFTER the adventurers in the holy war were a.ssen). bled on the banks of the Bospliorus, o]>posite to Constantinople, they proceeded on their enterprise; but immediately experienced those difficulties whicii their zeal had hitlierto concealed from them, and for which, even if they had foreseen them, it would have been almost impossible to provide a remedy. The Greek emperor, Alexis Commenus, who had applied to the western Christians for succour against the Turks, entertained hopes, and those but feeble ones, of obtain- ing such a moderate supply, as, acting under his com- mand, might en.able him to repul.se the enemy: but he was extremely astonished to see his dominions over- whelmed, on a sudden, by such an inuiulation of licentious b.arharians, wluj, though they pretended friendship, despised his subjects as unwarlike, ami de- tested them as heretical. By all the .arts of policy, in which he excelled, he endeavoureil to divert the tor- rent ; but while he employed professions, caresses, civiUties, and seeming services towards the leaders of the crusade, he secretly regarded those imperious allies as more dangerous than the ojien enemies by whom his empire had been iormerly invaded. Having effected that difficult point of disembarking them safely in Asia, he entered into a private correspond- ence with Soliman, emperor of the Tui-ks; and prac- tised every insidious .art, which his genius, his power, or his situation enabled him to emplo)', for drs.appointiug the enterprise, and discouraging the Latins from making thenceforward any such prodigious migrations. His dangerous policy w.as seconded by the disorders inseparaljle from so vast a multitude, who were not united under one head, and were conducted by leaders of the most independent, intractable spirit, unac- quainted with military discipline, and determined ene- mies to civil authority and submission. The scarcity of provisions, the excesses of fatigue, the influence of miknown climates, joined to the want of concert in their operations, and to tlie sword of a warlike enemy, destroyed the adventurers by thousands, and would have abated the ardour of men impelled to war by lefis powerful motives. Their zeal, however, their hravery, c^AP. vr.] HENRY r., 1100—1135, 87 and their irresistible force, still carried them fonvard, Rud continnally advanced them to the great end of their enterprise. After an obstinate siege tliey toolc Nice, the seat of the Turkish empire; they defeated yoliman in two great battles ; they made tliemselvcs masters of Antiocli; and entirely brolce tlie force of tlie 'J'urlis, who had so long retained those countries in Bubjection. The soldan of Eg}-pt, whose alliance thoy had hitlierto courted, recovered, on the fall of the Turkisli power, liis former authority in Jerusalem ; and he informed them by his ambassadors, tliat if tliey came disarmed to that city, they might now perform their religious vows, and that all Christian pilgrims, who should tlienceforth visit the holy sepulchre, might expect the same good treatment which they had ever received from his predecessors. The offer was re- jected ; the soldan was required to yield up the city to the Christians ; and on his refusal, the champions of the cross advanced to the siege of Jerusalem, wliicli they regarded as the consummation of their labours. By the detachments wliich they had made, and the disasters whicli they had undergone, they were dimi- rished to the number of twenty thousand foot and fifteen hundred horse; but these were still formidable, from tl\eir valour, their experience, and the obedience which, from past calamities, they had learned to pay to their leaders. ^ fter a siege of five weeks they took Je- rusalem by a.ssatdt ; and, impelled by a mixture of mili- tary and religious rage, they put the numerous garrison and inhabitants to the sword without distinction. Neither arms defended the valiant, nor submission the timorous : no age or sex was spared : infants on tlie breast were pierced by the same blow witli their mother.s, who implored for mercy : even a multitude, to the number of ten thousand persons, who had sur- rendered themselves prisoners, and were promised quarter, were butchered in cool blood by those fero- cious conquerors. The streets of Jerusalem were covered -with dead bodies ; and the triumphant war- riors, after every enemy was subdued and slaughtered. Immediately turned themselves, with the sentiments of huniihation and contrition, towards the holy sepulchre. They throw aside their arms, still streaming with blood ; they advanced with reclined bodies and naked feet and heads, to that .sacred monument : they sung antliems to their Saviour, who liad there purchased their salvation by his death and agony : and their de- votion, enlivened by the presence of the place wliere he had suffered, so overcame their fury, that they dis- solved in tears, and bore the appearance of every soft and tender sentiment. So inconsistent is human na- ture with itself! and so easy does the most effeminate superstition ally both witli the most heroic courage and with the fiercest barbarity ! This great event happened on the fifth of July in the last year of the eleventh centuiy. The Christian princes and nobles, after choosing Godfrey of Bouillon king of Jerusalem, began to settle themselves in their new conquests; while some of them returned to Eu- ro[ie, in order to enjoy at liome that glory whieh their valour had acquired them in tliis popular and merito- rious enterprise. Among these was Robert duke of Normandy, who, as he had relinquished the greatest dominions of any prince that attended the crusade, had all along distinguished himself by the most intre- pid courage, as well as by that affable disposition and unbounded generosity, which gain the hearts of sol- dier.*, and qualify a prince to shine in a military life. In passing through Italy, he became acquainted with Sibylla, daughter of the count of Conversana, a young lady of great beauty and merit, wliom he espoused: indulging himself in this new passion, as well as fond of enjoying ease and pleasure, after the fatigues of so many rougli campaigns, he lingered a twelvemonth in that delicious chmate ; and though his friends in the north looked every moment for his an-ival, none of them knew when they could with certainty expect it. By this delay he lost the kingdom of England, wliich tJie great fame he had acquired during the cnisa«les, aa ivell as his undoubted title, both by birth and by the preceding agreement with his deceased brother, would, had he been present, have infallibly secured to him. ACCESSION OF HENKY. 1100. Prince Heniy was hunting with Rufus in the New Forest, when intelligence of that monarch's death was brought him ; and being sensible of the advantage at- tcnduig the conjuncture, he hurried to Winchester, in order to secure the royal treasure, wliich he knew to be a necessary implement for facilitating his designs on the crown. He had scarcely reached tlie place when William de Breteiiil, keeper of the treasure, arrived, and opposed himself to Henry's pretensions. This nobleman, who had been engaged in the same party of hunting, had no sooner heard of his master's death, tlian he hastened to take care of his cliarge; and he told the prince, that this treasure, as well as the crown, belonged to his elder brother, who was now his sove- reign ; and that he Iiimself, for his part, was deter- mined, in spite of all other pretensions, to maintain his allegiance to him. But Ileniy, drawing his sword, threatened him with instant death if he dai-ed to dis- obey liim ; and as others of tlie late king's retinue, who came every moment to Winchester, joined the prince's party, Breteiiil was obliged to withdraw liis opposition, and to acquiesce in his violence. Henry, without losing a moment, hastened with the money to London ; and having assembled some noble- men and prelates, whom his address, or abilities, or presents, gained to his side, he was suddenly elected, or rather saluted king ; and immediately proceeded to the exercise of royal authority. In less than three days after his brother's death, the ceremony of his co- ronation was performed by JIaurice, bishoj) of London, who was persuaded to officiate on tliat occasion ; and thus, by his courage and celerity, he intruded him- self into the vacant throne. No one had sufficient spirit or sense of duty to appear in defence of the absent prince : all men were seduced or intimidated : present possession supplied the apparent defects in Henry's title, which was indeed founded on plain usurpation: and tlie barons, as well as the people, acquiesced in a claiui, which, thougli it could neither be justified nor comprehended, could now, they found, be opposed through the perils alone of civil war and rebellion. But as Henry foresaw that a crown, usurped against all rules of justice, would sit unsteadily on his head, he resolved, by fair professions at least, to gain the affections of all his subjects. Besides taking the usual coronation oath to maintain the laws and execute justice, he passed a charter, wliich was calculated to remedy many of the grievous oppressions which liad been complained of during the reigns of liis fother and brother. He there promised, that, at the death of any bishop or abbot, he never would seize the revenues ot the see or abbey during the vacancy, but would leave the whole to be reaped by the successor; and that lie would never let to farm any ecclesiastical benefice, nor dispose of it for money. After this concession to the church, whose favom- was of so great importance, he proceeded to enumerate the civil grievances wliidi he purposed to redress. He promised that, upon the death of any earl, baron, or military tenaut, his heii should be admitted to the possession of his estate, on paying ajust and lawful relief; without being exposed to such violent exactions as had been usual during the late reigns : he remitted tlio wardsliip of minors, and allowed guardians to be appointed, who slinuld be answerable for the trust : ho promised not to dispose of any heiress in marriage, but by the advice of all tlie barons; and if any baron intended to give his daughter, sister, niece, or kinswoman in marriage, it should only be necessary for him to consult the king, who pro- 68 THE HISTORY OF ENGLAND. rCn.vp. VL wised to take no money for his conscr.t, nor ever to refuse pormission, inilebs the person, to whom it was purposed to marry lier, should happou to be his ene- my: lie gi'antcd his barons and military tenants the power of bequeathing, by will, their nione}' or personal estates : and if they neglected to malve a will, he pro- mised that their heirs should succeed to them: he re- nounced the right of imposing moneyage, and of levy- ing taxes at pleasure on the farms which the barons retained in their own hands: lie made some general professions of moderating fines; he offered a pardon for all offences ; and he remitted all debts due to the crown : he required that the vassals of the barons should enjoy the same privileges which he granted to Lis own barons ; and he promised a general confirma- tion and observance of the laws of king Edward. This is the substance of the chief articles contained in that famous charter. To give greater authenticity to these concessions, Henry lodged a copy of his charter in some abbey of each county; as if desirous that it should be exposed to the view of all his sidijects, and remain a perpetual mle for the limitation and direction of his govern- ment: yet it is certain that, after the present pur- pose was served, he never once thought, during his reign, of observing one single article of it; and the whole fell so much into neglect and oblivion, that, in the following centuiy, when the barons, who had heard an obscure tradition of it, desired to make it the model of the great charter which they cxacttd from king John, they could with diificulty find a copy of it in tiie kingdom. Cut as to the grievances here meant to be redressed, they were still continued in their full extent; and tlie royal authority, in all those particu- lars, lay under uo maimer of restriction. Reliefs of heirs, so capital an article, were never effectually fixed till the time of Jlagna C'liarta;* and it is evident that the general promise here given, of accepting a just and lawful relief, ought to have been reduced to more jire- cision, in order to give security to the subject. The oppresiion of wardship and marriage was perpetuated even till the reign of Cliarles II.: and it appears from Glanville,t the famous justiciary of Henry II., that, in his time, where any man died intestate, an accident which must have been vtry frequent when tlie art of writing was so httlo known, the king, or the lord of the fief, pretended to seize all the moveables, and to exclude every heir, even the children of the deceased: a sure mark of a tyrannical and aibitrary government. The Normans, indeed, who domineered in EngVind, were, during this age, so licentious a people, that they may be pronounced incapable of any true or regular liberty ; which requires such improvement in luiow- Icdge and morals as can only be the result of reflection and experience, and must grow to perfection during several ages of settled and established government. A peoj)Ie so insensible to the rights of their sovereign as to disjoint, without necessity,the hereditary succession, and permit a younger brother to intrude himself into the place of the elder, whom they esteemed, and hIio was guilty of no crime but being absent, could not expect that that prince would pay any greater regard to their privileges, or allow his engagements to fetter his power, and debar liini from any considerable in- terest or convenience. They had indeed arms in their hands, which prevented the establishment of a total despotism, and left their posterity sufficient power, whenever they should attain a sufficient degree of reason, to assume true liberty: but their turbulent disposition frequently prompted them to make such use of their arms, that tiiey were more fitted to obstruct the execution of justice, than to stop the career of violence and oppression. The prince, find- * SVlint IS called n relief in the Conqueror's laws, presened !iy In"iilf, seems to hai-e lieen the lieriut : si'icc leliets, as well as the other burdens of the feudal law, were vuiknown in the age of the Confessor, wliosc laws tliese originally were. t Lil). 7, cap. if;. Thin pract'c;- was ccntiarv to the lati'E of Wwg Edward, ratified hy the Conquer.ir, as we learn (reirt ln;iuif, p. 91. Uut laws hai a,r ciiat Lime verj little mfluaicc: power and violence goverued everything. ing that greater o;ii;Ot;ition was often made to lum when he enforced the laws than when he violatefl them, was apt to render his own will and pleasure the sole rule of government; and, on every emergence, to consider more the power of the persons whom he might offend, than the riglits of those whom he niigiit injure. The very form of this charter of Ileniy proves that the Norman barons (for they, rather than the people of England, were chiefly concerned in it) wer3 totally ignorant of the nature of limited monarchy, and were ill qualified to conduct, in conjunction with their sovereign, the machine of government. It is an act of his sole power, is the result of his free grace, contains some articles which bind others as well as himself, and is therefore unfit to be the deed of any one who possesses not tlie whole legislative power, and who may not at pleasure revoke all his conces- sions. Henry, fiirtlicr to increase his popularity, degraded and committed to prison Ralph Flambard, bishop of Durham, who had been the chief instrument of op- pression under his brother : but this act was followed by another, which was a direct violation of his own charter, and was a bad prognostic of his sincere inten- tions to observe it : he kept the see of Durliam vacant for five years, and during that time retained possession of >all its revenues. Sensible of the great authority which Anselni had acquired by his character of piety, and by the persecutions which he had undei-gone from William, he sent re]4eated messages to Iiim at Lyons, where he resided, and invited him to return and take possession of his dignities. On the arrival of the pre- late, he proposed to him the renewal of that homage which he had done his brother, and which had never been refused by any English bishop: but Anselm had acquired other sentiments by his journey to Rome, and gave the king an absolute refusal. He objected to the decrees of the council of Bari, at which he I himself had assisted ; and he declared, that so far [ from doing homage for his spiritual dignity, he would not so much as communicate with any ecclesiastic who paid that submission, or who accepted of investi- tures from laymen. Henry, who expected, in hia jiresent delicate situation, to reap great advantages from the authority and jiojiularity of Anselm, durst not insist en his demand : he only desired that the controversy miglit be suspended; and that messengers might be sent to Rome, in order to accommodate matters with the pope, and obtain his confirmation of the laws and customs of England. JIARRIAGE OP THE KING, There immediately occurred an important affair, iii which the king was obliged to have recourse to the authority of Anselm. JIatilda, daughter of Malcolm III., king of Scotland, and niece to Edgar Atheling, h.ad, on her father's death, and the subsequent revolu- tions in the Scottish government, been brought to England, and educated under her aunt Cliristina, in the nunnery of Rumsey. This princess Henry pro- posed to marry; but as she had v/orn the veil, though never taken the vows, doubts n'light arise concerning the lawfulness of the act ; and it behoved him to be very careful not to shock, in any particular, the re- ligious prejudices of his subjects. The affau' was examined by Anselm, in a council of the prelates and nobles which was summoned at Lambeth : Matilda there proved that she had put on the veil, not witli ,1 view of entering into a religious life, but merely in consequence of a custom familiar to the English ladies, who protected their chastity from the bi'utal violence of the Normans, by taking shelter under that habit, which, amidst the horrible licentiousness of the times, was yet generally revered. The council, sensible that even a princess had otherwise no security for her honour, admitted this reason as valid : they pro- nounced that Matilda was still free to marry; and Chap. VI J HENRY r., 1100—1130 89 hei- espousals TvitK Henry were celebrated by Anselm ' with great pomp and solemnity. No act of the king's ' reifjn rendered him equally popnlar with his English i snbjects. and tended more to establisli him on the throne. Though Matilda, during the lite of her uncle and brothers, was not heir of the Sa.xon line, she was become very dear to the English on account of lier connexions with it: and that people, who before the conquest had fallen into a kind of indift'erence towards their ancient royal fa\inly, had felt so eevercly the tyranny of the Normans, that they reflected with ex- treme regret on their former liberty, and hoj)ed for a more equal and mild administration, when the blood of their native jn'inces should be mingled with that of their new sovereigns. INVASION BY DUKE KOBERT. 1101. But the policy and pi'udence of Henry, whicli, if time had been allowed for these virtues to produce tlieir full eil'ect, would have secured him possession of the crown, ran great hazard of being fi-ustrated by the sudden aiqiearance of Robert, who returned to Nor- mandy about a month alter the death of his brother William. He took possession, without opposition, of that dutchy; and immediately made preparations for recovering England, of which, during his absence, he had, by Henry's intrigues, been so unjustly defrauded. Tlie great fame which he had acquired in the East for- warded his pretensions; and the Norman barons, sen- sible of the consequences, expressed the same discon- tent at the separation of the dutchy and kingdom, which had appeared on the accession of William. Robert de Belesme, earl of Shrewsbury and Arundel, W^illiam de la Warrenne, eai'l of Surrey, Aruulf de Jlontgoniery, AValter Giffard, Robert de Pontefract, Robert de JIallct, Yvo de Grentmesnil, and many others of the principal nobility, invited Robert to make an attempt ujjou England, and promised, on his landing, to join him with all their forces. Even the seamen were aft'ected with the general popularity of his name, and they carried over to him the greater part of a fleet which had been equipped to ojjpose his passage. Henry, in this extremity, began to be api)re- hensive for his life, as well as for his crown ; and had recourse to the superstition of the people, in order to oppose their sentiment of justice. He paid diligent court to Anselm, whose sanctity and wisdom he pre- tended to revere. He consulted him in all difiicnU emergencies ; seemed to be governed by him in every measure ; promised a strict regard to ecclesiastical piivileges; professed a great attachment to Rome, and jl resolution of persevering in an implicit obedience to the decrees of councils and to the will of the sovereign pontiff. Uy tiiese caresses and declarations he en- tirely gained the confidence of the primate, whose inlluence over the people, and authority with the barons, were of the utmost service to him in his present situation. Anselm scrupled not to assure the nobles of the king's sincerity in those professions which he made, of avoiding the tyrannical and oppres- sive government of his father and brother: he even rodfc through the raidal throne. The messenger, as was probably foreseen, re- turned with an absolute refusal of the king's demands; and that fortified by many reasons, which were well qualified to operate on the understandings of men in those ages. Pascal quoted the Scriptures to prove that Christ was the door ; and he thence inferred, that all ecclesiastics must enter into the church through Christ alone, not through the civil magistrates, or any profane laymen. " It is monstrous," added the pontiff^, " that a son should pretend to beget his father, or a man to create his God : priests are called gods in scrip- ture,* as being the vicars of God: and will you by your abominable pretensions to grant them their investi- ture, assume the right of creating them 1" But liow convincing soever these arguments, they could not persuade Henry to resign so important a prerogative; and, perhaps, as he was possessed of great reflection and learning, he thought that the absurdity of a man's creating his God, even allowing priests to be gods, was not urged with the best grace by the Ro- * 1 much suspect that this text of Scripture is a forKcry of his holiness; u:r I have itot lieen able to fiiui iu Vet it possed cuireiu in thovat^f^, and AW cfcen quoted bp the clei]gy aa the foiuidation of their powxT. S«Kpi« S'. 'I'hriin. p. lufl ClTAP, VL] HENRY L UOO— 113,f. 01 mau pontiff. But as he desired still to avoid, at least j tnru. The total extinction, they told him, of reli-Jioii to delay, the coming to any dangerous extremity with ] and Christianity was likely to ensue from the wan't of tlie church, he persuaded Anselm that he should be I his fatherly care: the most shocking customs prevailed alile by fni ther negociation, to attain some composi- in England; and the dread of his severity beinf' now tion with Pascal ; and for that purpose he dispatched removed, sodomy, and the practice of wearincr" Ion" three bishops to Kome, while Auselm sent two mes- ■ • • - o Bengers of his own, to be more fully assured of the po])e's intentions. Pascal wrote back letters equally positive and arrogant, both to the king and primate ; urging to the former, that by assuming tlie right of hair, gain ground among all ranks of men, and these enormities openly appear everywhere, without sense of shame or fear of punishment. The policy of tlie court of Rome has commonly been much admired ; and men, judging by success, have be- invcstitures, he committed a kind of spiritual adultery | stowed the highest eulogies on that prudence by which "' *'■" -i' <-.i-..--^ ""'' a power, from such slender beginnings, could advance, without force of arms, to establish an universal and almost absolute monarchy in Europe. But tlie wi dom of so long a succession of men who filled the papal throne, and who were of such different ages, tempers, and interests, is not intelligible, and could never have place in nature. Tlie instrument, indeed, with which they wrought, the ignorance and superstition of the people, is so gross an engine, of such universal prevs, lence, and so little hable to accident or disorder, that it may be successful, even in the most unskilful hands; and scarce any indiscretion can frustrate its opera- tions. While the court of Rome was openly aban- doned to the most flagrant disorders, even while it was torn with schisms and factions, the power of the church daily made a sensible progress in Europe; and the temerity of Gregory and caution of Pascal were equally fortunate in promoting it. The clergy, feeling the nccessit}' which they lay under of being protected against the violence of princes, or rigour of the laws, were well pleased to adhere to a foreign head, who, being removed from the fear of the civil authority, could freely employ the power of the whole church in defending her ancient or usuiqied properties and privi- leges, when invaded in any particular country : the monks, desirous of an independence on their diocesans, professed a still more devoted attachment to the triple crown ; and the stupid people possessed no science or reason which they could oppose to the most exorbitant preteusions. Nonsense passed for demonstration : the most criminal means were sanctified by the piety of the end : treaties were not supposed to be binding where the interests of God were concerned : the ancient laws and customs of states had no authoi'ity against a divine right : impudent forgeries were received as authentic monuments of antiquity: and the champions of holy cliurch, if succesoful, were celebrated as heroes ; if un- fortunate, were worshijiped as martyrs ; and all events thus turned out equally to the advantage of clerical usurpations. Pascal himself, the reigning pope, was, in the course of this very controversy concerning in- vestitures, involved in circumstances, and necessitated to follow a conduct, which would have drawn disgrace and ruin on any temporal prince that had been so uu' fortunate as to fall into a like situation. His person was seized by the emperor Ileuiy V,, and he was oljliged, by a formal treaty, to resign to that monarch tlie right of granting investitures, for which they had so long contended. In order to add greater solemnity to this agreement, the empeior and pope communi- cated together on the same host ; one half of which was given to the prince, the other taken by the pontiff: the most tremendous imprecations were publicly de- nounced on either of them who should violate the treaty: yet no sooner did Pascal recover his liberty, than he revoked all his concessions, and pronounced tlie sentence of excommunication agaiust the emperor, who, in the end, was obliged to submit to the terms required of him, and to yield up all his pretensions, which he never could resume. The king of England had very nearly fallen into the same dangerous situation : Pascal had already excom- municated the e.arl of Mellent, and the other miuistei-a of Henry who were instrumental in supporting his pre- tensions: he daily menaced the king himself with a Uke with the church, who was the spouse of Christ, and who must not admit of such a commerce with any other person ; and insisting with the latter, that the pretension of kings to confer benefices was the source of .all simony; a topic wliich had but too much founda- tion in those ages. Henry had now no other expedient than to suppress the letter addressed to himself, and to persuade the three bishops to prevaricate, and assert upon their episcopal faith, that Pascal had assured tliein in pri- vate of his good intentions towards Henry, and of his resolution not to resent any future exertion of his prerogative in granting investitures; though he him- self scrupled to give this assurance under his hand, lest other princes should copy the example, and as- sume a like privilege. Anselm's two messengers, who were monks, affirmed to him, that it was impossible this stoiy could have any foundation : but their word was not deemed equal to that of three bishops; and the king, as if he had finally gained his cause, pro- ceeded to fill the sees of Hereford and Salisbury, and to invest the new bishops in the usual manner. But Anselm, who, as he had good reason, gave no credit to the asseveration of the king's messengers, refused not only to consecrate them, but even to communicate with them ; and the bishops themselves, finding how odious they were become, returned to Henry the en- signs of their dignity. The quarrel every day increased between the king and the primate: the former, notwith- standing the prudence and moderation of his temper, threw out menaces agaiust such as should pretend to ojqiose him in exerting the ancient prerogatives of his crown : and Anselm, sensible of his own dangerous situ.ation, desired leave to make a journey to Rome, in order to lay the case before the sovereign pontiff. Ilenrj', well pleased to rid himself, without violence, of 60 inflexible an antagonist, readily granted him permis- sion. The prelate was attended to the shore by infi- nite multitudes, not only of monks and clergymen, but people of all ranks, who scrupled not in this manner to declare for their primate against their sovereign, and who regarded his dep.arture as the final abolition of religion and true l>iety in the kingdom. The king, however, seized all the revenues of his see; and sent William de Warelwast to negociate with Pascal, and to find some means ef accommodation in this dehcate affair. The English minister told Pascal, that his master would rather lose his crown, than part with, the i ight of granting investitures. "And I," replied Pascal, " would rather lose my head than allow him to retain it." Henry secretly prohibited Anselm from return- ing, unless he resolved to conform himself to the laws and usages of the kingdom ; and the primate took up his residence at Lyons, in expectation that the king would at last be obliged to yield the point which was the present object of controversy between them. Soon after he was permitted to return to his monastery at Bee in Normandy ; and Henry, bes'des restoring to him the revenues of his see, treated hira with the greatest respect, and he'd several conferences with him, in order to soften his opposition, and bend him to submission. The people of England, who thought all differences now accommodated, were inclined to blame their primate for absenting himself so long from his charge ; and he daily received letters from his ' sentence ; and he suspended the blow only to give him pailisaci;, representing the necessity of his speedy ro- | leisure to prevent it by a timely submission. The inal- 92 THK HISTORY OF ENGLAND fCifAP. ri coiifeats -waited impatiently for the opportunity of clis- tuibing his government by conspiracies and insurrec- tions: tlie Icing's best friends were anxious at the pros- pect of an incident whicli would set their religious and civil duties at variance : and the countess of Blois, his sister, a princess of piety, who had great influence over him, was affrighted with the danger of her brother's eternal damnation. Henry, on the other hand, seemed determined to run all hazards, rather than resign a prerogative of such ini])ortaiice, which had been en- joyed by all his predecessors ; and it seemed probable, from his great prudence and abilities, that he might be able to sustain his rights, and f-iially prevail in the contest. While Pascal and Henry thus stood mutually in awe of each other, it was the more easy to bring about an accommodation between them and to find a medium in which they might agree. COMPROMISE WITH ANSELM. Before bishops took possession of their dignities, they had formerly been accustomed to pass through two ceremonies : they received from the hands of the sovereign a ring and crozier, as symbols of their office ; and this was called their invcsliliiir: they also made those submissions to the prince which were required of vassals by the rights of the feudal law, and which received the name of homage. And as the king might refuse both to grant the vivestUine and to receive the homaye, though the chapter had, by some canons of the middle age, been endowed with the right of elec- tion, the sovereign had in reality the sole ]iower of ap- pointing prelates. Urban II. had equally deprived laymen of the right of granting investitures and of re- ceiving homage ; the emperors never were able, by all their wars and negociations, to make any distinction be admitted between them : the interposition of pro- fane laymen, in any particular, was still represented as impious and abominable ; and the church openly aspired to a total independence on the state. But Henry had put England as well as Normandy in such a situation as gave greater weight to his negociations ; and Pascal was for the present satisfied with his resign- ing the right of granting investitures, by which the Bpiritual dignity was supposed to be conferred ; and he allowed the bishops to do homage for their temporal properties and privileges. The pontiff was well pleased to have made this acquisition, which he hoped would in time involve the whole : and the king, anxious to procure an escape from a very dangerous situation, was content to retain some, though a more jireearious authority in the election of prelates. After the principal controversy was accommodated, it was not diiiieult to adjust the other differences. The pope allowed Anselm to communicate with the prelates who had already received investitures from the crown ; and he only required of them some submis- sions for their past misconduct. lie also granted An- selm a ijlenary power of remedying every other dis- order whicli, he said, might arise from the barbarous- ness of the country. Such was the idea which the popes then entertained of the English; and nothing can be a stronger proof of the miserable ignorance Ui which that people were then plunged, than that a man who sat on the papal throne, and who subsisted by absurdities and nonsense, should think himself entitled to treat them as barbarians. During the course of these controversies, a sj-nod ■was held at AVestniinster, where the king, intent only on the main dispute, allowed some canons of less im- portance to be enacted, which tended to promote the usurpations of the clergy. The celibacy of priests was enjoined, a point which it was still found very difficult to carry into execution: and even la3'men were not allowed to marry within the seventh degree of affinity. By this contrivance the pope augmented the profits which he reaped from granting dispensa- tions, and like'.vit;o those from divorces; for as the art of writing was tlien rare, and parish-regiatera xi-evo I not regularly kept, it was not easy to ascertain t'ao degrees of affinity even among peoijle of rank ; and any man who had money sufficient to pay for it, might obtain a divorce, on pretence that his wife was more nearly related to them than w.as permitted by the canons. The synod also passed a vote, prohibiting the laity from wearing long hair. The aversion of the clergy to this mode was not confined to England. When the king went to Normandy, before he had conquered that province, the bishop of Seez, in a for- mal harangue, earnestly exhorted hiiu to redress the manifold disorders under which the government la- boured, and to oblige the people to poll their hair in a decent form. Henry, though he would not resign his prerogatives to the church, willingly parted with his hair ; he cut it in the form which they required of him, and obliged all the courtiers to imitate his e;vample. WARS ABROAD. The acquisition of Normandy was a great point of Henry's ambition, being the ancient patrimony of his family, and the only territory which, while in his po.s- session, gave him any weight or consideration on tin? continent : but the injustice of his usurpation was the source of great inquietude, involved him in frequent wars, and obliged him to impose on his English subjects those many heavy and arbitrary taxes, of which all the historians of that age unanimously com- plain. His nephew AVilliam was but six years of age, when he committed him to the care of Hehe de St. Saen ; and it is probable, that his reason for entrust- ing that important charge to a man of so inblemished a character, was to prevent all malignant suspicions, in case any accident should befall the life of the younn- prince. He soon repented of his choice; but when he desired to recover possession of William's per.5on, Helie withdrew his pupil, and carried him to the court of Fulk, count of Anjou, who gave him protection. [II 10.] In proportion as the prince grew up to nian'.s estate, he discovered virtues becomuig his hirth ; and wandering through different courts of EuropO; he excited the friendly compassion of many princes, and raised a general indignation against his uncle, who had so unjustly bereaved him of his inheritance. Louis the Gross, son of Philip, was at this time king of France, a brave and generous jn-ince, who having been obliged, during the lifetime of his father, to fly into England, in order to escape the persecutions of his step-mother Bertrude, had been protected by Henry, and had tlience conceived a personal friendship for him. But these ties were soon dissolved after the accession of Louis, who found Ids interests to be in so many par- ticulars opjiosite to those of the English monareh, and who became sensible of the danger attending the an- nexation of Normandy to England. He joined, there- fore, the counts of Anjou and Flanders in giving dis- quiet to Henry's government ; and this monarch, in order to defend his foreign dominions, found himself obliged to go over to Normandy, where he resided two years. The war which ensued among those princes was attended with no memorable event, and produced only slight skirmishes on the frontiers, agreeably to the weak condition of the sovereigns in that age, when- ever their subjects were not roused by some great and urgent occasion. Henry, by contracting his eldest son WiUiam to the daughter of Fulk, dctaclied that prince from the alliance, and obliged the others to come to an accommodation with him. This peace was not of long duration. His nephew, William, retired to the court of Baldwin, earl of Flanders, who espoused his cause, and the king of France, having soon after, for other reasons, joined the party, a new war was kindled in Normandy, which produced no event more memorable than had attended the former. At last the deatli of Baldwin, who was slain in an action i\c?j.- Eii, Tl IIJJ,] Chap. VI. J IILXRV I. 1100—1133. or> gave some respite to Heni-y, and enatled him to carry [ on war with more advantage aj^r-inst his enemies. j Louis, finding liimself unable to wrest Normandy from the king by force of arms, had recourse to I the dangerous expedient of applying to the spiri- tual power, and of affording the ecclesiastics a pre- i tence to interpose in the temporal concerns of princes, i He carried young William to a general council, which was assembled at Rheims by pope CaUxtusII., pre- sented the Norman prince to them, complained of the manifest usurpation and injustice of Henry, craved the I assistance of the church for reinstating the true heir i in his dominions, and represented the enormity of de- taining in captivity so brave a prince as Robert, one of the most eminent champions of the cross, and who, by that very quality, was placed under the immediate protection of the holy see. Henry knew how to de- fend the righta of his crown with vigour, and yet with dexterity. He had scut over the English bi- shops to this synod ; [1119 ;] but at the same time had warned them that if any further claims were started by the pope or the ecclesiastics, he was determined to adhere to the laws and customs of England, and maintain the prerogatives transmitted to him by )i!s predecessors. "Go," said he to tlicm, "salute the pope in my name ; hear his apostolical precepts ; but take care to bring none of his new inventions into my kingdom." Finding, however, that it would be easier for him to elude than oppose the efforts of Calixtus, lie gave his ambassadors orders to gain the pope and Ids favourites by liberal presents and promises. Tlie comi)laints of the Norman prince were thenceforth heard with great coldness by the council ; and Calixtus confessed, after a conference which ho had the same Euninier with Henry, and when that prince probably renewed liis presents, that, of all men whom he had ever yet been acquainted with, he was beyond compa- rison the most eloquent and persuasive. The warlilve measures of Louis proved as ineffectual as his intrigues. He had laid a sclicme for surprising Noyon ; but Henry h.aving received intelligence of the design, marched to the relief of the place, and sud- denly attacked the French at Brenneville, as they were advancing towai'ds it. A sharp conflict ensued ; where prince William behaved with great braveiy, and the king himself was in the most imminent danger. He was wounded in the head by Crispin, a gallant Norman officer, Avho had followed the fortunes of M'illiam ; but being rather animated than terrified by the blow, he immediately beat his antagonist to the ground, and so encouraged his ti'oops by the example, that they put the French to total rout, and had very nearly taken their kingprisoner. The dignity of theper- sons engaged in this skirmish, rendered it the most me- morable action of the war: for, in other respects it was not of great importance. There were nine hundred horsemen, who fought on both sides ; yet were there only two persons slain. The rest were defended by that heavy armour worn by the cavaby in those times. An accommodation soon after ensued between the kings of France and Knglaud ; and the interests of young William were entirely neglected in it. DEATH OF PRINCE WILLIAM. 1120. But this public prosperity of Heniy was much over- balanced by a domestic calamity which befcl him. His only son, William, had now reached his eighteenth year; and the king, from the facility with which he himself had usurped the crown, dreading that a like revolution might subvert liis family, had taken care to have him recognized successor by the states of the Kingdom, and had carried him over to Normandy, that . he might receive the homage of the barons of that dutchy. The king, on his return, set sail from Ear- fleur, and was soon carried by a fair wind out of sight of land. The prince was detained by some accident j j Mid Uis sailors, as well as their captain, Thomas Fitz- j Stephens, having spent the interval iu drinking, were so flustered, that, being in a hurry to follow the king, they heedlessly carried the ship on a rock, where she immediately foundered. William was put into the long-boat, and had got clear of the ship ; when hear- ing the cries of his natural sister, the countess of Perche, he ordered the seamen to row back in hopes of saving her : but the numbers who then crowded in, soon sunk the boat ; and the prince with all his retinue perished. Above a hundred and forty young noblemen of the principal families of England and Normandy were lost on this occasion. A butcher of Roiicn was the only person on board who escaped : he clung to the mast, and was taken up next morning by fishermen. Fitz-Stephens also took hold of the mast ; but being informed by the butcher that prince William had perished, he said tliat he would not survive the dis- aster ; and he threw himself headlong into the sea. Henry entertained hopes for three days that his sou had put into some distant port of Engl.aud ; but when certain intelligence of the calamity was brought hira, lie fainted away ; and it was remarked, that he never after was seen to smile, nor ever recovered his wonted cheerfulness. The death of William may be regarded, in one re- spect, as a misfortune to the English ; because it was the immediate source of those civil wais, which, after the demise of the king, caused such confusion in the kingdom : but it is remarkable, that the young prince had entertained a violent aversion to the natives ; and had been heard to threaten, that when he should be king, he would make them draw the plough, and would turn them into beasts of burden. These preposses- sions he inherited frcm his father, who, though he was wont, when it might serve his purpose, to value him- self on his birth, as a native of England, showed, iu the course of his government, an extreme prejudice ag.ainst the people. All hopes of preferment, to ec- clesiastical as well as civil dignities, were denied them during this whole reign ; and any foreigner, however ignorant or worthless, was sure to have the preference in every competition. As the English had given no disturbance to the government during the course of fifty 3-ears, this inveterate antipathy in a prince of so much temper as well as penetration, forms a presunip- t'on that the English of that age were still a rude and barbarous people, even compared to the Normans, and impresses us with no very favourable idea of the Anglo-Saxon manners. Prince William left no children ; and the king liad not now any legitimate issue, except one daughter. JIatilda, whom in 1110 he had betrothed, though only eight years of age, to the emperor Henry V., and whom he had then sent over to be educated in Germany. [See note M, at the end of this Vol.] THE KINGS SECOND MARRIAGE. 1I2I. But as her absence from the kingdom, and her mar- ri.ige into a foreign family, might endanger the succes- sion, Henry, who was now a widower, was induced to marry, in hopes of having male lieirs ; and he made his addresses to .\delais, daughter of Godfrey, dulie of Lovaine, and niece of pope Calixtus, a young princess of an amiable person. But Adelais brought him no children ; and the prince who was most likely to dis- pute the succession, and even the immediate possession of the crown, recovered hopes of tubvertiug his rival, who h.ad successively seized all his patrimonial donii- nions. William, the son of duke Robert, was still protected in the French court ; and as Henry's con- nexions with the count of Anjou were broken off by the death of his son, Fulk joined the party of the un- fortunate prince, gave him his daughter in marriage, and aided him in raising disturbances iu Normandy. But Henry found the means of drawing oft" the count of Anjou, by forming anew with him a nearer cou- ueJLion than the former, and one more materi.il to the 94 THE HISTORY OF ENGLAND. [Chap. Vf. iuterests of that count's family. The emperor, lus son- in-law, dying without issue, [1127,] he bestowed his daughter ou Geoifrcy, the eldest son of Fulk, and en- deavoured to insure her succession hy having her recog- nized heir to all his dominions, and obliging tlie barons both of Nonuandy and Kngland to swear fealty to her. He hoped that the choice of this husband would be more agreeable to all his subjects than that of the emperor ; as securing them from tlie danger of falling under the dominion of a great and distant potentate, who miglit bring them into subjection, and reduce their country to the rank of a province ; but the barons were displeased, that a step so material to national interests had been taken without consulting them;* and Henry had too sensibly experienced the turbulence of their disposition, not to dread the effects of their resentment. It seemed probable that liis nephew's party might gain force from the increase of the malcontents : an accession of power whicli that prince acquired a little after tended to render his jire- tensions still more dangerous. Charles, earl of Flan- ders being assassinated during the celebration of di- vine service, king Louis immediately put the young prince in possession of tliat county, to which he had pretensions in the right of his grandmother Slatilda, wife to the Conqueror. But William sur\ived a very little time this piece of good fortune, which seemed to open the way to still further prosperity. He was killed [1128] in a skirmish with the landgrave of Alsace, his competitor for Flanders ; arid his death put an end, for the present, to the jealousy and inquie- tude of Henry. The chief merit of this monarch's government con- sists in the profound tranquillity which he established and maintained throughout all his dominions during the greater part of his reign. Tlie mutinous barons were retained in subjection ; and his neighbours, in eveiy attempt which they made upon him, found him so well prepared, that they were discouraged from continuing or renewing their enter])rises. In order to repress the incursions of the Welsh, he brouglit over some Flemings, in the year 1111, and settled them in Pembrolceshire, where they long maintained a different language, and customs, and manners, from their neigh- bour.q. Though his government seems to have been arbitrary in England, it was judicious and prudent : !ind was as little oppressive as the necessity of liis affairs would permit. He wanted not attention to the redress of grievances ; and historians mention in par- ticular the Icvj-ing of purveyance, v.hich he endea- voured to moderate and restrain. The tenants in the king's demesne lands were at that time obliged to supply gratis the court with provisions, and to furnish carriages on the same hard terms, when theking made a progress, as he did frequently, into any of the counties. These exactions were so grievous, and levied in so licentious a manner, that the farmers, when they heai-d of the approach of the court, often deserted their houses as if an enemy had invaded the countiT ; and sheltered their persons and families in the woods, from the insults of the king's retinue. Henry prolii- bited those enormities, and punished the person guilty of them by cutting off their hands, legs, or other members. But the prerogative was perpetual ; the remedy applied by Henry was temporary; and the violence itself of this remedy, so far from giving se- curity to the people, was cnly a proof of tlie ferocity of the goverument, and threatened a quick return of like abuses. One great and difficult object of the king's prudence was the guarding against the encroachments of the court of Rome, and protecting the liberties of the church of England. The pope, in the year 1101, had sent Guy, archbishop of Vienne, as legate into Britain ; and though he was the first tliat for many years had appeared there in that character, and his commission » The Annals of Wnverly. p. 50, My that Uie kinR nsked and obtained the tinsont of all rhs hArons. gave general surprise, the king, who was then in the commencement of his reign, and was involved in many difficulties, was obliged to submit to this encroachment on his authority : but in the year lllG, Anselm, abbot of St. Sabas, who was coming over with a Uke legan- fine commission, was prohibited from entering the kingdom ; and pope Calixtus, who in his turn was then labouring under many difficulties, by reason of the pretensions of Gregory, an antipope, was obliged to promise, that ho never wouW for the fiiture, except when solicited by the Icing himself, send any legate into England. Notwithstanding tliis engagement, the pope, as soon as he had suppressed his antagonist, gi-anted the Cardinal de Crema a Icgantine commission over that kingdom ; and the king, wlio, by reason of his nephew's intrigues and invasions, found himself at that time in a dangerous situation, was obliged to sub- mit to the exercise of this commission. A synod was called by the legato at London ; where, among other canons, a vote passed, enacting severe penalties on the marriages of the clergy. Tlie cardinal, in a jniblic harangue, declared it to be an unpardonable enormity, that a priest should dare to consecrate and touch the body of Christ immediately after he had risen from the side of a strumpet : for that was the decent appella- tion which he gave to the wi\'es of the clergy. But it happened, that the very next night the ofRcers of justice, breaking into a disorderly house, found tlie cardinal in bed with a courtezan ; an incident which threw such ridicule upon him, that he immediately stole out of the kingdom : the synod broke up ; and the canons against the marriage of clergymen were worse executed than ever. Henry, in order to prevent this alternate revolution of concessions and encroachments, sent William, then archbishop of Canterbury, to remonstrate witli the court of Rome against those abuses, and to assert the liberties of the Englisli church. It was a usual maxim with every pope, when he found that he could not prevail in any pretension, to grant princes or states a power which they had always exeicised, to resume at a proper juncture the claim which seemed to be re- signed, and to pretend that the civil magistrate had possessed the autlioiity only from a special indulgence of the Roman pontiff. After this manner, the pope, finding that the French nation would not admit his claim of granting investitures, had passed a bull, giving the king that authority ; and he now praetised a like invention to elude the complaints of the king of Eng- land. He made the aichbisliop of Canterbury his legate, renewed his commission from time to time, and Ktill pretended that the rights which that prelate had ever exercised as metropoUtan, were entirely derived from the indulgence of the apostolic see. TheEnglish jirinces, and Henry in particular, who were glad to avoid any immediate contest of so dangerous a nature, commonly acquiesced by tlieir silence in these preten- sions of the court of Rome. [.Sej note N, at the end of this Fo/.] 1131. As everything in England remained in tran- quillity, Henry took the opportunity of paying a visit to Normandy, to which he was invited as well by hia affection for that country, as by his tenderness for his daughter, the empress Matilda, who was always his favourite. Some time after, [1133,] that princess was delivered of a son, wlio received the name of Henry ; and the king, further to ensui-e her succession, made all the nobility of England and Normandy renew the oath of fealty which they had already sworn to her. The joy of this event, and the satisfaction which he reaped from his daughter's company, who bore succes- sively two other sons, made tlieir residence in Nor- mandy very agreeable to him ; and he seemed deter- mined to pass the remainder of his days in that country; when an incursion of the Welsh [1135] obliged him to think of returning into England. He was preiiaring for the journey,but was seized the Ist of December with a sudden illness at St. Dennis le For- cbAP. vir,] STEPHEN, 1135—1154. 93 uient, from eating too plentifidly of lampreys, a food which always agreed better with his palate than his «;unstitution. He died in the sixty-seventh year of his age, and the thirty-fifth of his reign ; leaving by will Lis daughter !KIatilda heir of all his dominions, witliout making any mention of her husband Geoffrey, who had given him several causes of displeasure. CHARACTER OF HENRY. This prince was one of the most accomplished that has filled (he Englisli throne, and possessed all the great qualities both of body and mind, natural and acquired, which could fit him for tlie high station to which he attained. His person was manly, his countenance en- gaging, liis eyes clear, serene, and penetrating. Tlie aft'ability of his address encouraged those who miglit be overawed by the sense of his dignity or of his wis- dom ; and though he often indulged liis facetious hu- mour, he knew liow to temper it with discretion, and ever kept at a distance from all indecent familiarities with his courtiers. His superior eloquence and judg- ment would have given him an ascendant, even had he been born in a private station ; and his personal bravery would have procured him respect, though it had been less supported by art and policy. By his great progress in literature, he acquired the name of lieau-clerk, or, the scholar : but this application to those sedentary pursuits abated nothing of the acti- vity and vigilance of his government ; and though the learning of that age was better fitted to corrupt than improve the understanding, his natural good sense preserved itself untainted, both from the pedantry and superstition whicli were then so prevalent among men of letters. His temper was susceptible of the senti- ments as well of friendship as of resentment ; and his ambition, though high, might be deemed moderate and reasonable, had not his conduct towards his bro- ther and nepheviT sliowed that he was too much dis- posed to sacrifice to it all the maxims of justice and equity. But the total incapacity of Robert for govern- ment afforded liis younger brother a reason or pre- tence for seizing the sceptre both of England and Nor- mandy; and when violence and usui-pation are once begun, necessity obliges a prince to continue in the same criminal course, and engages him iu measures which his better judgment and sounder principles would otherwise have induced him to reject witli warmth and indignation. King Henry was much addicted to women ; and historians mention no less tliau seven illegitimate sons and six daughters born to him. Hunting was also one of his favourite amusements ; and he exercised gi'cat I'igour against those wlio encroached on the roy;il forests, which were augmented during his reign, thougli tlieir number and extent were already too great. To kill a stag was as criminal as to murder a man : ho made all the dogs be mutilated which were kept on the borders of his forests: and he sometimes deprived his subjects of the liberty of hunting on tlieir own lands, or even cutting their own woods. In other respects lie executed justice, and that with rigour; the best maxim wliicli a prince in tluit age could follow. Stealing was first made capital in this reign ; false coining, which was then a very common crime, and by which tlie money had been extremely debased, was severely punished by lleniy. Near fifty criminals of this kind were at one time hanged or mutilated ; and though these punishments seem to have been exercised in a manner somewhat arbitrary, they were grateful to the people, more attentive to present advantages than jealous of general laws. There is a code which passes vmder the name of Henry I., but the best antiquaries have agi-eed to think it spurious. It is however a very ancient compilation, and may be useful to instruct us in the manners and customs of the times. We learn from it, that agreat distinction was then made between the Engli/,h and Normnn,=, much to the advantage of the latter. The deadly feuds, and the liberty ot pri- vate revenge, which had been avowed by the Saxon laws, were still continued, and were not yet whollv illegal. ^ Among the laws granted on the king's accession, it is remarkable that the re-uuion of the civil and eccle- siastical courts, as in the Saxon times, was enacted. But this law, like the articles of his charter, remained without effect, probably from the opposition of arch- bishop Auselm. Henry, on his accession, granted a charter to Lon- don, which seems to have been the first step towards rendering that city a corporation. By this charter the city was eiui}o-.vered to keep the farm of Mid- dlesex at three hundred pounds a year, to elect its own sheriff and justiciary, and to hold pleas of the crown ; and it was exempted from scot, Danegelt, trials by combat, and lodging the king's retinue. These, with a confirmation of the privilf;,,js of their court of hustings, wardmotes, and coniinou halls, and their liberty of hunting in lliddletex and Surrey, are the chief articles of this charter. It is said that tlus prince, from indulgence to his tenants, changed the rents of liis demesnes, which were formerly paid in kind, into money, winch was more easily remitted to the exchequer. 13ut the great scarcity of coin would render that comiuutatiun diffi- cult to be executed, while at the same time provisions could not be sent to a distant quarter of the kingdom. This affords a probable reason ivliy the ancient kings of England so frequently changed their place of abode: they carried their court from one place to another, that they miglit consume upon the spot the reveauo of theii' several demesnes. CHAPTER Vir. STETHEN. 1135. Accresinn of Stei^hen War with Pcmlantl Insurrection In favour o£ MaiiM^ Mephen taken Frisriiter Matilda crowned Stcpllcu released His ored to the Crimn Conliniiation ot the tivil Wnja Ci>uipromlse bcn^^eu the King and Piiiice ilcnty Death of ttd Kins. IN tlie progress and SL^ttlement of the feudal law, the male succession to fiefs had taken place some time before the female was admitted ; and estates, beiug considered as militaiy benefices, not as projierty, were transmitted to such only as could serve in the armies, and perform in person tlic conditions upon wliich they were originally granted. But when the continuance of rights, during some generations, in the same family, had, in a great measure, obliterated the I'liinitive idea, the females were gradually admitted to the possession of feudal projierty; and the same revolution of prin- I iples which procured them the inheritance of private estates, naturally iutroduced their succession to go- vernment and authority. The failure, thereibre, of male heirs to the kingdom of E;igland and dutchy of Normandy, seemed to leave the succession open, with- out a rival, to the empress Matilda; and as He'iry had made all his vassals in both states swear fealty to her, he presumed that they would not easily be induced to depart at once from her hereditary right, and from their own reiterated oaths and engagements. But the irregular manner in which he himself had acquired the crown, might have instructed him, that neither his Norman nor English subjects were as yet capable of adhering to a strict rule of government; and as every precedent of tlus kind seems to give authority to new- usurpations, he had reasou to dreail, even from his own family, some invasion of his daughtei's title, which he had taken such paius to cstnllifih. 9G THE HISTORY OF ENGLAND. rCiiAP. VII, Adola, daughter of William the Conqueror, had been married to Steiihen, count of Blcis, and had brought him several sons, among whom Stephen and llenry, f.he two youngest, had been invited over to England by the late kirig, and had received great honours, I'iches, and prefern.ient, from the zealous friendship which that prince bore to every one that had been so fortunate as to aetjuire his favour and good opinion. Henry, who had betaken himself to the ecclesiastical profession, was created abbot of Glastonbury and bishop of Win- chester ; and though these dignities were considerable, Stephen had, from his uncle's liberality, attained estab- lishments still more solid and durable. The Icing had married him to Matilda, who was daughtei and heir of Eustace, count of Boulogne, and who brought him, be- sides that feudal sovereignty in France, an immense property in England, which in the distribution of lands had been conferred by the Conqueror on the family of Boulogne. Stephen also by this marriage acquired a new connexion with the royal family of England; as Mary, his wife's mother, was sister to David, the reign- ing king of Scotland, and to Matilda, the first wife of Henry, and mother of the empress. The king, stiU imagining that he strengthened the interests of his family b}' the aggrandizement of Stephen, took plea- sure in enriching him by the grant of new possessions ; and he conferred on him the great estate forfeited by Robert Mallet in England, and that forfeited by the carl of J.Iortaigne in Normandy. Stephen, in re- turn, professed great attachment to his uncle; and appeared so zealous for the succession of Matilda, that, when the barons swore fealty to that princess, he con- tended with Robert, earl of Gloucester, the king's na- tural son, who should first be admitted to give her this testimony of devoted zeal and fidelity. Jleanwhile ho continued to cultivate, by every art of popularity, tiie friendship of the English nation ; and many virtues with which he seemed to be endowed favoured the euccess of his intentions. By his bravery, activity, and vigour he acquired the esteem of the barons : by his generosity, and by an affable and familiar address, un- usual in that age among men of his high quality, he obtained the affections of the people, particularly of the Londonci-s. And though he dared not to take any steps towards his further grandeur, lest he should ex- l)0se himself to the jealousy of so penetrating a prince as Henry, he still hoped that, by accumulating riciies and power, and by acquiring popularity, he might in time be able to open his way to the throne. No sooner had lleniy breathed his last than Stephen, insensible to all the ties of gratitude and fidelity, and blind to danger, gave full reins to his criminal ambi- tion, and trusted that, even without any previous in- trigue, the celerity of his enterprise, and the boldness of his attempt, might overcome the weak attachment which the English and Normans in that age bore to the laws and to the rights of their sovereign. He hastened over to England; and though the citiEens of Dover and those of Canterbury, apprised of his purpose, shut their gates against him, he stopped not till he arrived at Lon- don, where some of the lower rank, instigated by his emissaries, as well as moved by his general popularit}', immediately saluted him king. His next point was to acquire the good-wUl of the clergj-; and by performing the ceremony of his coronation, to put himself in pos- Bcssion of the throne, from which he was confident it would not be easy afterwards to expel him. His brother, the bishop of "Winchester, was useful to him in these capital articles: having gained Roger, bishop of SaUsbury, who, though he owed a great fortune and advancement to the favour of the late king, presciwed no sense of gratitude to that prince's family; he ap- plied, in conjunction with that prelate, to William, ru-chbishop of Canterbury-, and required him, in virtue of his ofiice, to give the royal unction to Stephen. The primate, who, as all the others, had sworn fealty to Matilda, refused to perform this ceremony; but his Opposition wne overcome by an expedieut equally dis- honourable with the other gteps by which this revohi- tion was effected. Hugh Bigod, steward cf the house- hold, made oath before the primate, that the late king on his death-bed had shown a dissatisfaction with his daughter Slatilda, and had expressed his intention of leaving the count of Boulogne heir to all his domi- nions. \\'illiam, either believing, or feigning to believe, Bigod's testimony, anointed Stephen, and put the crov.-n upon his head the 22nd of December; and from this religious ceremony that prince, without any shar- dow either of hereditary title or consent of the nobihty or people, was allowed to proceed to the exercise of sovereign authority. Very few barons attended his coronation; but none opposed his usurpation, however unjust or flagrant. The sentiment of religion, which, if corrupted into superstition, has often little efficacy in fortifying the duties of civil society, was not affected by the multiplied oaths taken in favour of Matilda, and only rendered the people obedie also to court, and swore allegiance to the emprea*. MATILDA CROWNED. 1141. Matilda, that she might fiu-ther ensure the attachment of the clergy, was willing to receive the crown from their hands ; and instead of assembling the states of the kingdom, the measure which the constitution, had it been either fixed or regarded, seemed necessarily to require, she was content that the legate should sum- mon an ecclesiastical synod, and th.at her title to the throne should there be acknowledged. The legate, addressing himself to the assembly, told them, that in the absence of the empress, Stephen, his brother, had been permitted to reign, and, previously to his ascend- ing the throne, had seduced them by many fair pro- mises of hououring and exalting the church, of main- taining the laws, and of reforming all abuses : that it grieved liim to observe how much that prince had iu every particular been wanting to his engagements; public peace was interrupted, crimes were daily com- mitted with impunity, bishops were thrown into jirison and forced to siu'reuder their possessions, abbeys were put to sale, churches were pillaged, and the most enor- mous disorders prevailed in the administration : that he himself, in order to procure a redress of these grievances, had formerly summoned the king before a council of bishops ; but instead of inducing him to amend his conduct, had rather offendcl him by that Chap. VIT.] STEPHEN, 1135-1154. 99 expedient : that, how much soever misguided, that prince was still his brother, and the object of his affec- tions ; but Ids interests, however, must be regarded as subordinate to those of their heavenly Father, who had now rejected him, and thrown liira into tlie hands of his enemies : that it principally belonged to the clergy to elect and ordain kings ; he had summoned them together for that purpose, and having invoked the divine assistance, he now pronounced Matilda, the only descendant of Henry, their late sovereign, queen of England. The whole assembly, by theii- acclama- tions or silence, gave, or seemed to give, their assent to this declaration.* The only laymen summoned to this council, which ro- cured a divorce from her, and restored her those rich provinces which by her marriage she had annexed to the crown of France. Young Henry, neitlicr dis- couraged by the inequality of years, nor by the re- ports of Eleanor's gallantries, made successful court- ship to that jmncess, [1152,] and espousing her six weeks after her divorce, got possession of all her do- minions as her dowry. The lustre which he received from this acquisition, and the prospect of his rising fortune, had such an effect in England, that when Stephen, desirous to ensure the crown to his son Eustace, required the archbishop of Canterbury to anoint that prince as his successor, the primate refused compliance, and made his escape beyond sea, to avoid the violence and resentment of Stephen. COMPROMISE BETWEEN THE KING AND PRINCE HENRY. 1153. Henry, infoniied of these dispositions in the people, made an invasion on England : having gained some advantage over Stephen at Slalmesbury, and having taken that place, he proceeded thence to throw suc- cours into Walhngford, which the king had advanced with a superior army to besiege. A decisive action ■was every day expected : when the great men of both sides, terrified at the prospect of further bloodshed and confusion, interposed with their good offices, and set on foot a negociation between the rival princes. The death of Eustace during the course of the treaty facilitated its conclusion : an accommodation was settled, by which it was agreed, that Stephen should possess the crown during his lifetime, that justice should be administered in his name, even in the pro- vinces which had submitted to Henry, and that this latter prince should, on Stephen's demise, succeed to the Icingdom, and William, Stephen's son, to Bou- logne and his patrimonial estate. DEATH OF THE KING. Octolcr 25, 1154. After all the barons had swor^ to the observance of this treaty, and done homage to Henry, as to the heir of the crown, that prince evacuated the kingdom ; and the death of Stephen, which happened the next year, after a short illness, prevented all those quarrels and jealousies which were likely to have ensued in so delicate a situation. England suffered great miseries during the reign of this prince : but his personal character, allowing for the temerity and injustice of his xisurpation, appears not liable to any great exception ; and he seems to have been well qualified, had he succeeded by a just title, to have promoted the happiness and prosperity of his subjects. He was possessed of industry, acti- vity, and courage, to a great degree ; though not endowed with a sound judgment, he was not deficient in abihties ; he had the talent of gaining men's affec- tions; and notwithstanding his precarious situation, he never indulged himself in the exercise of any cruelty or revenge. His advancement to the throne procured him neither tranquillity nor happiness ; and though the situation of England prevented the neighbouring states from taking any durable advantage of her con- fusions, her intestine disorders were to the last degree ruinous and destructive. The court of Rome was also permitted, during those civil wars, to make further ad- vances ia her usurpations ; and appeals to the ]iope, which had always been strictly prohibited by the Eng- lish laws, became now common in every ecclesiastical controversy. CHAPTER VIII. HENRY II. State of Europe of France First Acts of Henry's Government Dis- putes between the Ci\Uanniise with hiir. His return from Uanishmcnt His Murder Grief and Submission of the Kin^'- STATE OF EUROPE. 1154, '1"^nE extensive confederacies by which the Euro- -fL pean potentates are now at once united and set in opposition to each other, and which, though they are apt to diffuse the least spark of dissension throughout the whole, are at least attended with this advantage, that they jireveut any violent revolutions or conquests in particular states, were totally unknown in ancient ages ; and the theory of foreign politics in each king- dom formed a speculation much less comphcated and involved than at present. Commerce had not yet bound together the most distant nations in so close a chain : wars, finished in one campaign, and often in one battle, were little affected by the movements of remote states: the imperfect communication among the kingdoms, and their ignorance of each other's situ- ation, made it impracticable for a great number of them to combine in one project or effort : and, above all, the turbident s]jirit and independent situation of the barons or great vassals in each state gave so much occupation to the sovereign, that he was obliged to confine his attention chiefly to his own state and his own system of government, and was more indifferent about what passed among his neighbours. Religion alone, not politics, carried abroad the views of princes; while it either fixed their tlioughts on the Holy Land, whose conquest and defence was deemed a point of common honour and interest, or engaged them in in- trigues with the Roman pontiff', to whom they had yielded the direction of ecclesiastical affairs, and who was every day assuming more authority than they were willing to allow him. Before the conquest of England by the duke of Nor- mandy, this island was as much separated from the rest of the world in politics as in situation ; and, except from the inroads of the Danish pirates, the linglish, happily confined at home, had neither enemies nor allies on the continent. The foreign dominions of William connected them with the king and great vassals of France ; and while the opposite pretensions of the pope and emperor in Italy produced a continual intercourse between Germany and that country, the two great monarchs of Fiance and England formed, in another part of Europe, a separate system, and carried on their wars and negociations, without meeting eitiier with opposition or support from the others. STATE OF FRANCE. On the decline of the Carlovingian race, the nobles in every province of France, taking advantage of the weakness of the sovereign, and obliged to provide, each for his own defence, against the ravages of the Norman freebooters, had assumed, both in civil and military affairs, an authority almost independent, and had reduced witliin very narrow limits the prerogative of their princes. The accession of Hugh Capet, by annexing a great fief to the crown, had brought some addition to the royal dignity; but this fief, though con- Chap. Virr.l HENRY II. 11-54—1189. 101 siderable for a suljjec't, appeared a narrow basis of power for a prince who was placed at the head of so great a coimnunity. The royal demesnes consisted only of Paris, Orleans, F.stampes,Compiegne, and a few places scattered over the northern provinces : in tlie rest of the kingdom, the prince's authority was rather nominal than real : the vassals were accustomed, nay, entitled, to make war, without his permission, on each other: they were even entitled, if they conceived them- selves injured, to turn tlieir arms against their sove- reign : they exercised all civil jurisdiction, witliout appeal, over their tenants and inferior vassals: their common jealousy of the crown easily united them against any attempt on their exorbitant privileges; and as some of them had attained the power and au- thority of great princes, even the smallest baron was sure of immediate and effectual protection. Besides six ecclesiastical peerages, which, with the other im- munities of the church, cramped extremely the general execution of justice, there were six lay-peerages, Bur- gundy, Normandy, Guienne, Flanders, Toulouse, and Champagne, which formed very extensive and puissant sovereignties. And though the combination of all those princes and barons could, on urgent occasions, muster a mighty power, yet was it very diiScult to set that great machine in movement; it was almost imijos- sible to preserve harmony in its parts ; a sense of com- mon interest alone could, for a time, unite them under their sovereign against a common enemy; but if tlie king attempted to turn the force of the community against any mutinous vassal, the same sense of com- mon interest made the others oppose themselves to the success of his pretensions. Louis the Gross, the last sovereign, marched at one time to his frontiers against the Germans, at the head of an army of two hundred thousand men ; but a petty lord of Corbeil, of Puisef, of Couci, was able, at another period, to set that prince at defiance, and to maintain open war against him. The authority of the English monarch was much more extensive within his kingdom, and the dispro- portion much greater between him and the most powerful of his vasjals. His demesnes and revenue were large, compared to the greatness of his state: he was accustomed to levy arbitrary exactions on his sub- jects: his courts of judicature extended their jurisdic- tion into every part of the kingdom: he could crush by his power, or by a judicial sentence, well or ill found- eondon, they observed a beggar who was shivering with cold. " Would it not be very praiseworthy," said the king, " to give that poor man a warm coat in this severe season ! " " It would, surely," replied the chancellor ; " and you do well, sir, in thinking of such good ac- tions." "Then he shall have one presentlj-," cried the king ; and seizing the skirt of the chancellor's coat, which was scarlet, and lined with ermine, began to pull it violently. The chancellor defended himself for some time ; and they had both of them like to h.ave tumbled off their horses in the street, when Becket, after a vehement struggle, let go his coat ; which the king bestowed on the beggar, who, being ignorant of the quality of the persons, was not a little surprised at the present. Becket, who liy his complaisance and good humour had rendered himself agreeable, and by his industry and abilities useful to his master, appeared to him the fittest person for supjdyiiig the vacancy made by the death of Theobald. As he was well acquainted with the king's intentions of rctrencliing, or rather confin- ing within the ancient bounds all ecclesiastical jirivi- legcs, and always showed a ready disposition to com- ply with them, Ilenry, who never expected any resist- ance from that quarter, immediately issued orders for electing him archbishop of Canterbury. But this re- solution, which was taken contrary to the oi)inion of JIatilda, and many of tlie ministers, drew after it very unhappy consequences ; and never prince of BO great penetration appeared in the issue to have so little understood the genius and character of his minister. No sooner was Becket installed in this high dignity, which rendered him for life the second person in the kingdom, with some pretensions of aspiring to be the first, than he totally altered his demeanour and conduct, and endeavoured to acquire the character of sanctity, of which his former busy and ostentatious course of life might, in the eyes of the people, have naturally bereaved him. Without consulting the king, he im- mediately returned into his hands the commission of chancellor ; pretending that he must thenceforth detach himself from secular afl'airs, and be solely employed in the exercise of his spiritual function ; but in reality, that he might break oft' all connexions with Henry, and apprise him that Becket, as primate of England, was now become entirely a new personage. He main- tained, in his retinue and attendants alone, his ancient pomp and lustre, which was useful to strike the vulgar; in his own person he aifected the greatest austerity and most rigid mortification, which he was sensible woidd have an equal or a greater tendency to the same end. He wore sackcloth next his skin, which, by his afF.?cted care to conceal it, was necessarily the more remarked by all the world : he changed it so seldom, that it was filled with dirt and vermin : his usual diet was bread ; his drink water, which he even rendered further unpalatable by the mixture of unsavoury lierbs: he tore his back with the frequent discipline which he inflicted on it : he daily on his knees washed, in imita- tion of Christ, the feet of thirteen beggars, whom he afterwards dismissed with presents : he gained tlie af- fections of the monks by his frequent charities to the convents and hospitals : every one who made profes- sion of sanctity was admitted to his conversation, and returned full of panegyrics on the humility, as well as on the piety and mortification, of the holy pri- mate: he seemed to be perpetually employed in recit- ing prayers and pious lectures, or in perusing religious discourses : his aspect wore the appearance of serious- ness and mental recollection, and secret devotion ; and all men of penetration plainly saw that he ivas medi- tating some great design, and that the amliition and ostentation of his character had tm-ned itself towards a new and more dangerous object. QUARREL BETWEEN THE KING AND BECKET. 11 C3. Becket waited not till Henry should commenoo those projects against the ecclesiastical power which he knew had been formed by that prince : he was him- self the aggressor, and endeavoured to overawe the king by the intrepidity and boldness of his enterprises. He summoned the earl of Clare to surrender the baronj' of Tunbridge, which ever since the conquest had remained in the family of that nobleman ; but which, as it had formerly belonged to the see of Can- terbury, Becket pretended his predecessors were pro- hibited by the canons to alienate. The earl of Clare, besides the lustre which he derived from the gi"eatnes3 of his own birth, and the extent of his possessions, was allied to all the principal families in the king- dom : his sister, who was a celebrated beauty, had further extended his credit among the nobility, and was even sujjposed to have gained the king's affec- tions ; and Becket could not better discover, than by attacking so powerful an interest, his resolution of maintaining with vigour the rights, real or pretended, of his see. William de Eynsford, a military tenant of the crown, was patron of a living which belonged to a manor that he held of the archbishop of Canterbury : but Becket, without regard to William's right, presented, on a new and legal jn'otext, one Laurence to that hving, who was violently expelled by Eynsford. The primate, mak- ing himself, as was usual in spiritual courts, botli judgo and party, issued in a summary manner the sentence of excommmiication against Eynsford, who complained to the king th.at he who held in capite of the crown should, contrary to the practice established by the Conqueror, and maintained ever since by his succes- sors, be subjected to that ten-ible sentence, without the previous consent of the sovereign. Henry, who had now broken off all personal intercourse with Becket, sent him, by a messenger, his orders to ab- solve Eynsford ; but received for answer, tliat it be- longed not to the king to inform him whom he should absolve and whom excommunicate : and it was not till after many remonstrances and menaces, that Becket, though with the worst grace imaginable, was induced to comply with the royal mandate. Henry, though he found himself thus grievously mistaken in the character of the person whom he had promoted to the primac}', determined not to desist Jrom his former intention of retrenching clerical usur- pations. He was entirely master of his extensive do- jh^sMMi H5SS?]RT IE. ^yMw /M' Chap. VIIT.] HENRY IL. 1154— 11S9. ]Ofi minions ; tlie prudence and vigour of his administra- tion, attended with perpetual success, had raised Iiis eharacter above tliat of his predecessors : the papacy seemed to be wealiened by a scliism which divided all Europe : and he rightly judged, that if the present favourable opportunity were neglected, the crown must, from the prevalent superstition of the people, be in danger of falling into an entire subordination Jindcr the mitre. The union of the civil and ecclesiastical power serves extremely, in every civilized government, to the main- tenance of peace and order ; and prevents those mu- tual encroachments which, as there can he no ultimate judge between them, are often attended with the most dangerous consequences. Whether the supreme ma- gistrate, wlio unites these powers, receives the appel- lation of prince or prelate, is not material: the superior ■wciglit which temporal interests commonly bear in the apprehensions of men above spiritual, renders the civil part of his character most prevalent; and in time prevents those gross impostures and bigoted persecu- tions, which in all false religions are the chief founda- tions of clerical authority. But dm-ing the progress of ecclesiastical usurpations, the state, by the resistance of the civil magisti-ate, is naturally thrown into con- vulsions: and it believes the prince, both for his own interest and for that of the public, to provide in time sufficient barriers against so dangerous and insidious a rival. This precaution had hitherto been much neg- lected in England, as well as in other catholic coun- tries ; and affairs at last seemed to have come to a dangerous crisis : a sovereign of the greatest abilities was now on the throne : a prelate of the most inflexible and intrepid character was possessed of the primacy: the contending powers appeared to be ai-med with their full force, and it was natural to expect some extraor- dinary event to result from their conflict. Among their other inventions to obtain money, the clergy luid inculcated the necessity of penance as an atonement for sin ; and having again introduced the practice of paying them large sums as a commutation, or species of atonement for the remission of those penances, the sins of the people, by these means, had become a revenue to the priests ; and the king com- puted, that by this invention alone they levied more money upon his subjects than flowed, by all the funds and taxes, into the royal exchequer. That he might ease the peop'ic of so heavy and arbitraiy an imposition, Henry rcqui.ed that a civil otTicer of his appointment should be present inallecclesiasticalcourts, and should for the future give his consent to every composition wliich was made with sinners for their spiritual of- fences. Tlie ecclesiastics in that age had renounced all im- mediate subordination to the magistrate : they openly pretended to an exemption in criminal accusations from a trial before courts of justice ; and were gradu- ally introducing a like exemption in civil causes : spi- ritual penalties alone could be inflicted on their of- fences : and as the clergy had extremely multiplied in England, and many of them were consequently of very low characters, crimes of the deepest dye, mur- ders, robberies, adulteries, rapes, were daily com- mitted witli impunity by tl>o ecclesiastics. It had been found, for instance, on inquiry, tliat no less than a hundred murders had, since the king's accession, been perpetrated by men of that profession, who had never been called to account for these offences; and holy orders were become a full protection for all enormities. A clerk in Worcestershire, having debauched a gentle- man's daughter, had at this time proceeded to murder the father; and the general indignation against this crime moved the king to attempt the remedy of an abuse which was become so palpable, and to require that the clerk should be delivered up, and receive con- dign punishmeut from tlie magistrate. Becket in- sisted on the privileges of the church ; confined the criminal in the bisliop's prison, lest ho should be seized ToL. I. by the king's officers ; maintained that no gi-catoi punishment could be inflicted on him tlian degrada- tion : and when the king demanded, that immediately after he was degraded lie should be tried by tlie civil power, the primate asserted that it w as iniquitous to try a man twice upon the same accusation, and for the same offence. Henry, laying hold of so plausible a pretence, re- solved to push the clergy with regard to all their pri- vileges, wliich they had raised to an enormous height, and to determine at once those controversies wliich daily multiplied between the civil and the ecclesiastical jurisdictions. He summoned an assembly of all the prelates of England ; and he put to them this concise and decisive question. Whether or not they were wil- ling to submit to the ancient laws and customs of the kingdom ? The bishops unanimously replied, that they were willing, saving their own order, a device by wliich they thought to elude the present urgency of the king's demand, yet reserve to themselves, on a favourable op- portunity, the power of resuming all their pretensions, Tlie king was sensible of the artifice, and was pro- voked to the highest indignation. He left the assem- bly witli visible marks of his displeasure : he required the primate instantly to surrender the lionours and castles of Eye and Bcrkham : the bisliops :\ere terri- fied, and expected stiU further effects of his resent- ment. Becket alone was inflexible; and notliiug but the interposition of the pope's legate and almoner, Philip, who dreaded a breach with so powerful a prince at so unseasonable a juncture, could liave pre- vailed on him to retract the saving clause, and give a general and absolute promise of observing the ancient customs. But Heniy was not content with a declaration hi these general terms : he resolved, ere it was too late, to define expressly those customs with which he re- quired compliance, and to put a stop to clerical usur- pations before they were fully consolidated, and could plead antiquity, as they already did a sacred authority, in their favoui . The claims of the church were open and visible. After a gr.'idiial and insensible progress du!-ing many centuries, flie mask had at last been taken oft^ and several ecclesiastical councils, by their canons, wliicli. were pretended to be irrevocable and infallible, had positively defined those privileges and immunities which gave such general oft'once, and ap- peared so dangerous to the civil magistrate. Ilenrjr tlicrefore deemed it necessary to define with the same precision the limits of the civil power ; to oppose bis legal customs to their divine ordinances : to determine the exact boundaries of the rival jurisdictions ; and for tliis purpose he summoned a general council of the nobility and prelates at Clarendon, to whom he sub- mitted this great and important question. CONSTITUTIONS OF CLARENDON. January 25, 1164. The barons were all gained to the king's party, either by the reasons which he urged, or by his superior au- thority the bishops were overawed by the general combination against them: and the following laws, commonly called the Consliliilions of Clarendon, were voted- without opposition by this assembly. It was enacted, that all suits concerning the advowson and presentation of churches should be determined in the civil courts : that the churches belonging to the king e see should not be granted in perpetuity withoiit hifi consent : that clerks accused of any crime should be tried in the civil courts : that no person, particularly no clergyman of any rank, should depart the kingdom without the king's licence : that excommunicated per- sons should not be bound to give security for continu- ing in their present plnce of abode: that la.cs should not be accused in spinuial courts, except by legal ana reputable promoters and witnesses: that no chiet tenant of the crown should be excommumcated, nov P 106 THE HISTORY OF ENGLAND. [Chap. VIIl. Lis lands be put under an interdict, except with the king's consent: that all appeals in spiritual causes should he carried from the arclidcacon to the hishop, from the hishop to tiie primate, from him to the king; and should be carried no further without the king's consent : that if any lawsuit arose between a layman and a clor])ort in an opposition, expressed the deepest .sorrow for his comjiliauce; and endeavoured to engage all the other bishops in a confederacy to adhere to their com- mon rights, and to the ecclesiastical privileges, in which he represented the interest and honour of God to be so deeply concerned. He redoubled his austeri- ties, in order to punish himself for his criminal consent to the Constitutions of Clarendon: he proportioned his discipline to the enormity of his supposed offence; and he refused to exercise any part of his archiepiscopal function, till he should receive absolution from the pope; which was readily granted him. Henry, in- formed of his present dispositions, resolved to take vengeance for this refractory behaviour, and he at- temjited to crush him, by means of that very power which Becket made such merit in supporting. He a])plied to the pope, that he should grant the commis- sion of legate in his dominions to the archbishop of York; but Alexander, as politic as he, though he granted the commission, annexed a clause, that it should not empower the legate to execute any act in prejudice of the archbishop of Canterbui-y: and the king, finding how fruitless such an authority would prove, sent back the commission by the same messen- ger that brought it. The primate, however, who found himself still ex- posed to the king's indignation, endeavoured twice to escape secretly from the kingdom ; but was as often detained by contrary winds ; and Henry hastened to make him feel the effects of an obstinacy which he deemed so criminal. He instigated John, mareschal of the exchequer, to sue Becket in the archiepiscopal court for some lands, part of the manor of Pageham; and to appeal thence to the king's court for justice, On the day appointed for trying the cause, the primate sent four knights to represent certain irregularities in John's appeal; and at the same time to excuse himself, on account of sickness, for not appearing personally that day in the court. This slight oft'ence (if it even deserve the name) was represented as a grievous con- tempt ; the four knights were menaced, and with diffi- culty esca])ed being sent to prison, as offering false- hoods to the court; [See note R, al the end of this Vol.] and Henry, being determined to prosecute Becket to the utmost, summoned, at Northampton, a great coim- cil, which he purposed to make the instrument of his vengeance against the inflexible prelate. The king had raised Becket from a low station to the highest offices, had honoured him with his coun- tenance and friendship, had trusted to his assistance in forwarding his favourite project against the ckrgy; and when he found him become of a sudden his most rigid ojiponent, while every one beside complied with his will, rage at the disappointment, and indignation against such signal ingratitude, transported him be- yond all bounds of moderation ; and there seems to liave entered more of passion than of justice, or even of policy, in this violent prosecution. The barons, notwithstanding, in the great council, voted whatever sentence he was pleased to dictate to them ; and the bishops themselves, who undoubtedly bore a secret favour to Becket, and regarded him as the champion of their priWleges, concurred with the rest, in the de- sign of oppressing their primate. In vain did Becket urge that his court was proceeding with the utmost regularity and justice in trying the mareschal's cause; which, however, he said, would appear from the CHAP.vrir.i HENRY ir. 1154— 1189 107 slieriff's testimony to be entirely unjust and iniquitous: that lie himself had discovered no contempt of the king's court; but, on the contrary, by sending four knights to excuse his absence, had virtually acknow- ledged his authority : that he also, in consequence of the king's summons, personally appeared at present in the great council, ready to justify his cause against the inareschal, and to submit his conduct to their inquiry and jurisdiction: that even should it be found that he had been guilty of non-appearance, the laws had affixed a very slight penalty to that oftence : and that, as he ivas an inhabitant of Kent, where his archiepiscopal palace was seated, he was by law entitled to some greater indulgence than usual in the rate of his fine. Notwithstanding these pleas, he was condemned as guilty of a contempt of the king's court, and as want- ing in the fealty which he had sworu to his sovereign; all his goods and chattels were confiscated; and tiiat this triumph over the church might be carried to the utmost, Ileniy, bishop of Winchester, the prelate who had been so powerful in the former reign, was, in spite of his remonstrances, obliged, by order of the court, to pronounce the sentence against him. The primate submitted to the decree ; and all the prelates, except Folbot, bishop of London, ^vho paid court to the king by tliis singulanty, became sureties for him. It is re- markable, that several Norman barons voted in this council ; and we may conclude, with some probability, that a like practice had prevailed in many of the great councils summoned since the conquest. For the con- temporary historian, -nho has given us a full account of these transactions, does not mention this circum- stance as anywise singular ; and Bccket, in all his sub- Bcquent remonstrances with regard to the severe treat- ment which he had met with, never founds any objec- tion on an irregularity, which to us appears very pal- pable and flagrant. So little precision was there at that time in the government and constitution! The king was not content with this sentence, how- ever violent and oppressive. Next day he demanded of Becket the sum of three hundred pounds, which the primate had levied upon the honours of Eye and Berk- Jiam, while in his possession. Becket, after premising that he was not obliged to answer to this suit, because it was not contained in his summons; after remarking that he had expended more than that sum in the re- pairs of those ca-stles, and of the royal palace at Lon- don ; expressed, however, his resolution, that money should not be any ground of quarrel between liim and his sovereign: he agreed to pay the sum ; and immedi- ately gave sureties for it. In the subsequent meeting, the king demanded five hundred marks, which, he affirmed, he had lent Becket during the war of Tou- louse; and another sum to the same amount, for which that prince had been surety for him to a Jew. Imme- diately after these two claims, he preferred a third of still gi-eater importance: he required him to give in the accounts of his administration while chancellor, and to pay the balance due from the revenues of all the pre- lacies, abbeys, and baronies, which had, during that time, been subjected to his management. Becket ob- served, that, as this demand was totally unexpected, he had not come prepared to answer it ; but he re- quired a delay, and promised in that case to give satis- faction. The king insisted upon sureties; and Becket desired leave to consult liis suffragans in a case of such importance. It is apparent, from the known character of Henry, and from the usual vigilance of liis government, that, when he promoted Becket to the see of Canterbury, he was, on good grounds, weU pleased with his adminis- tration in the former high office with which he had entrusted him ; and that, even if that prelate bad dis- sipated money beyond the income of his place, the king was satisfied that his expenses were not blameable, and had in the main been calculated for his service. Two arose concerning ecclesiastical privileges, that the claim was started, and the primate was, of a sudden, required to produce accounts of such intricacy and extent be- fore a tribunal which had shown a determined resolu- tion to ruin and oppress him. To find sureties that he should answer so boundless aud uncertain a clauii, which in the king's estinuition amounted to 44,000 marks, was impracticable ; and Becket's suffragans were extremely at a loss what counsel to give him in such a critical emergency. By the advice of the bishop of Winchester he offered two thousand marks as a general satisfaction for all demands: but this offer was rejected by the king. Some prelates exhorted him to resign his see, on condition of receiving an acquittal : others were of opinion that he ought to submit him- self entirely to the king's mercy: but the primate,thus pushed to the utmost, had too much courage to sink under oppression : he determined to brave all his ene- mies, to trust to the sacredness of his character for ])ro- tection, to involve his cause with that of God and reli- gion,and to stand the utmost efforts of royal indignation. After a few days spent in deliberation, Becket went to church, and said mass, where he had previously ordered, that the introit to the communion service should begin with these words, J'linces sat and spake ai/ainsi me; the passage appointed for the martyrdom of St. Stephen, whom the primate thereby tacitly pre- tended to resemble in his sufferings for the sake of righteousness. He went thence to court, arrayed in his sacred vestments: as soon as he arrived within the palace-gate, he took the cross into his own hands, bore it aloft as his protection, and marched in that posture into the royal ap.irtments. The king, who v.-as in an inner room, was astonished at this parade, by wliich the primate seemed to menace him and his court with the sentence of excommunication ; and he sent for some of the prelates to remonstrate with him on account of such audacious behaviour. These pre- lates complained to Becket, that, by subscribing him- self to the Constitutions of Clarendon, he had seduced them to imitate his example ; and that now, when it was too late, he pretended to shake off all subordina- tion to the civil power, and appeared desirous of in- volWug them in the guilt which must attend any viola- tion of those laws, established by their consent, and ratified by their subscriptions. Becket replied, that he had indeed subscribed to the Constitutions of Clarendon, legally, with good faith, and without fraud or reserve; but in t,hese words was virtually implied a sUvofor the rig'^j s of their order, which, being con- nected with the cause of God and his church, could never be relinquished by their oaths and engagements that if he and they had erred in resigning the ecclesias tical privileges, the best atonement they could now make was to retract their consent, which, in such a case, could never be obligatoiy, and to follow the pope's authority, who had solemnly annulled the Constitutions of Clarendon, and had absolved them from all oaths which they had taken to observe them : that a deter- mined resolution was evidently embraced to oppress the church ; the storm had first broken upon him ; for a slight offence, and which too was falsely imputed to liim, he had been tyrannically condemned to a grievous penalty; a new and unheard-of claim was since started, in which he could expect no justice; and he plainly saw, that he was the destined victim, who, by his ruin, must pi-epare the way for the abrogation of all spiritual immunities : that he strictly iuliibited them who were Iiis suffragans from assisting at any such trial, or giving their sanction to any sentence against him ; ha put himself and his see under the protection cf the su- preme pontiff; and appealed to him against any penalty which his iniquitous judges might think proper to in- flict upon him: and that, however terrible the indigna- tion of so gi-eat a monarch as Henry, his sword could only kill the body, while that of the church, entrusted years had since ebpsed ; no demand had, duripg that I into the hands of the primate, could kill the soul, and ume. been made upon liim ; it was not till tli'' qu:vrrel : throw the discbcdient into infinite and eternal perdition 108 THE HISTORY OF ENGLAND, [Cha?. vrii. AjipMls to tlio pope, even in ecclesiastical causes, had been abolished by the Constitutions of Clarendon, and were become criminal by law ; but an appeal in a civil cause, sucli as the king's demand upon Beclcet, was a practice altogether new and unprecedented ; it tended directly to the sub^■ersion of the government, and could receive no colour of excuse, except from the •leterniined resolution, wliidi was but too apparent in Henry and the great council, to effeokuate, without justice, but under colour of law, the total ruin of tlie inflexible primate. The liing, having now obtained a pretext so much more plausible for his violence, would probably have pushed the affair to the utmost extre- mity against him ; but Becket gave him no leisure to conduct the prosecution. He refused so much as to hear the sentence, wliich the barons, sitting apart from the bishops, and joined to some sheiiifs and barons of the second rank,* had given upon tlie king's claim : lie departed from the palace ; asked Henry's immediate permission to leave Northampton ; and upon meeting witli a refusal, he witlidrew secretly ; wandered about in disguise for some time ; and at last took shipping, and arrived safely at Gravelines. Tlie violent and unjust prosecution of Becket had a natural tendency to turn tlie public favour on his side, and to make men overlook his former ingratitude to- wards the king, and his departure from all oaths and engagements, as well as the enormity of those ecclesias- tical privileges, of which he atFected to be the champion. There were many otlier reasons which procured him countenance and protection in foreign countries. Phi- lip, earl of Flanders, and Louis, king of France, jealous of the rising greatness of Henry, were well pleased to give him disturbance in his government ; and forget- ting that this was the common cause of princes, tliey nifected to pity extremely the condition of the exiled primate; and the latter even honoured him with a visit at Soissons, in which city he had invited liim to fix his residence. The pope, whose interests were mare immediately concerned in supporting him, gave a cold reception to a magnificent embassy wliich Henry sent to accuse him ; while Becket, himself, who had come to Sens in order to justify his cause before tlic sovereign pontiff, was received with the greatest marks of distinction. The king, in revenge, seques- tered the revenues of Canterbury ; and by a conduct which miglit be esteemed arbitrary, had tliere been at that time any regular check on royal authority, he ba- r.islied all tlie primate's rel.ations and domestics, to the number of four hundred; whom he obliged to swear, before their departure, that they would instantly join their patron. But this policy, by which Henry endea- voured to reduce Becket sooner to necessity, lost its effect : the pope, wlien they arrived beyond sea, ab- solved tliem from their oath, and distributed tliem among the convents in Franco and Flanders : c, resi- dence was assigned to Becket himself hi the convent of Pontigny, where he lived for some years in great mag- nificence, partly from a pension granted him on the i-evenues of that abbey, partly from remittances made him by the French monarch. Il(i5. The more to ingratiate himself with the pope, Becket resigned into his hands the see of Canterbury, to which, he affirmed, he had been uncanonically elected by the authority of tlie royal mandate ; and Alexander, in his turn, besides investing him anew with that dignity, pretended to abrogate, by a bull, the sentence wliich the great council of England had passed against liim. Henry, after attenijiting in vain to procure a conference with the pope, wlio departed soon after for Rome, wliither the prosperous state of his affairs now invited him, made provisions against the consequences of that breach wliicb impended be- • Fitz-Stephcn, p. 46. Thi: hisloiian is supposed to mean the more consi- aciaMc vassals of the cnicf barcns : tliesc liad no iHlc to sit in the areat coun- nl, and the gmng them a place there was « palpab'.e irregttlnrity • which ho,, ever is not liislsli d on in any of Dccliet's remonttrances : n further proof bOK UtUe fixed the constiuitun wot at that time. tween his kingdom and tlie apostolic see. He issued orders to his justiciaries,iuliibitiiig,under severe penal- ties, all appeals to the pope or archbishop ; forbidding any one to receive any mandates from them, or apply in any case to their authority ; declaring it treasonable to bring from either of them an interdict upon the kingdom, and punishable in secular clergj-meu by the loss of their eyes and by castration, in regulars by am- putation of their feet, and in laics with death ; and menacing with sequestration and banishment the per- sons themselves, as well as their kindred, who should pay obedience to any such interdict : and lie further obliged all his subjects to swear to the observauce of those orders. These were edicts of the utmost impor- tance, affected the lives and properties of all the sub- jects, and even changed, for the time, tlie national rcHgion, by breaking off all communication with Home : yet were they enacted by the sole authority of the king, and were derived entirely from his will and pleasure. The spiritual powers, which, in the primitive church, were, in a great measure, dependent on the civil, had by a gradual progress reached an equality andiudepen- dence ; and though the limits of the two jurisdictions were difficult to ascertain or define, it Avas not impos- sible, but by moderation on both sides, government might still have been conducted in tliat imperfect and irregular niauner which attends all human institutions. But as the ignorance of the age encouraged the eccle- siastics daily to extend their privileges, and even to advance maxims totally incompatible with civil go- vernment, t Henry had thought it high time to put ail end to their pretensions, and formally, in a pubh'c council, to fix those powers which belonged to the ma- gistrate, and which he was for the future determined to maintain. In this attempt lie was led to re-estab- lish customs, wliich, though ancient, were beginning to be abolished by a contrary practice, and which were still more strongly opposed by the prevailing opinions and sentiments of the age. Principle, there- fore, stood on the one side, power on the other ; and if the English had been actuated by conscience more than by present interest, the controversy must soon, by the general defection of Henry's subjects, have been decided against him. Becket, in order to forward this event, filled all places with exclamations against the violence which lie had suffered. He compa.'ed liiinself to Christ, who had been condemned by a lay tribun.al, antl was crucified anew in the present opprcs- sious under wliich his church laboured : he took it for granted, as a point incontestable, that his cause was tlie cause of God; he assumed the character of cham- pion for the patrimony of the Divinity : he pretended to be the spiritual father of the king and all the people of Englantl : he even told Henry that kings reign solely by the authority of the church : and though lie had thus torn oft' the veil more openly on the one side, than that prince had on the other, he seemed still, from the general favour borne him by the ecclesiastics, to have all the advantage in the argument. The king, that he might employ the weapons of temporal power remaining in his hands, suspended the payment of Peter's-pence ; he made advances towards an alUance with the emperor, Frederic Barbarossa, who was at that time engaged in violent wars with pope Alexan- der ; he discovered some intentions of acknowledging Pascal III., the present anti-pope, wlio was protected by tliat emperor ; and by tliese expedients he endea- voured to terrify the enterprising though prudent pontift' from proceeding to extremities against him. lltiC. But tlie violeuce of Becket, still more than the nature of the controversy, ke|)t affairs from re- maining long in su.spense between the two parties. That prelate, instigated by revenge, and animated by the present glory attending his situation, pushed mat- ters to a decision, and issued a censure, excommuni- t " Quls dubiret," says Heckct to the king, " saccrdotes L'hristi re^nim et principiim oiniiiumque fideltum patlfc et magistros ccnseri ?*— Ep. St. J'lioni. Chap. VIIT.] HENRY II. 1154.-1189. 109 eating the king's cliief ministers by name, and compre- licnding in general all those who favoured or oheyed the Constitutions of Clarendon. These Constitutions lie abrogated and annulled ; he absolved all men from the oaths -nluch they had taken to observe them ; and be suspended the spiritual thunder over Henry himself, only that the piinco might avoid the blow by a timely repentance. The situation of Henry was so unhappy that he could employ no expedient for saving his ministers from tliis terrible censure but by appealing to the pope himself, and having recourse to a tribunal whose authority he had himself attempted to abridge in this very article of appeals, and which, he knew, was so deeply engaged on the side of his adversaiy. But even this expedient was not likely to be long effectual. Bccket had obtained from the pope a legantine com- mission over England ; and in virtue of that authority, which admitted of no ajipeal, he summoned the bishops of London, Salisbur)-, and others, to attend liim, and ordered, under pain of excommunication, the ecclesi- astics, sequestered on his account, to be restored in two months to all their benefices. But John of Ox- ford, the king's agent with the pope, had the ad- dress to procure orders for suspending the sentence; and he gave the pontiff .=uch hopes of a speedy recon- cilement between the kingand Becket, that twolegates, William of Pavia and Otho, were sent to Normandy, where the king then resided, and they endeavoured to find expedients for that purpose. But the pretensions of the parties were, as yet, too opposite to admit of an accommodation : tlie king required that all the Constitutions of Clarendon should be ratified : Becket, that, previously to any agreement, he and his adhe- rents should be restored to their possessions : and as the legates had no power to pronounce a definitive sentence on either side, the negociation soon after came to nothing. The cardinal of Pa'\"la also, being much attached to Ileni-y, took care to protract the ne- gociation ; to mitigate the pope, by the accounts which lie sent of that prince's conduct ; and to procure liiin ever)' possible indulgence from the see of Rome. About this time the king had also the address to obtain a dispensation for the marriage of liis thu-d son, Geoft'rey, with the heiress of Britanny ; a concession which, con- sidering Heni-y's demerits towards the church, gave great scandal both to Becket, and to his zealous patron, the king of Fr.ince. Ilti7. The intricacies of the feudal law had, in that age, rendered the boundaries of power between tlie prince and his vassals, and between one prince and another, as uncertain as those between the crown and the mitre ; and all wars took their origin from dis- putes, which, had there been any tribunal possessed of power to enforce their decree.j, ought to have been de- cided only before a court of judicature. Henry, in prosecution of some controvei'sies, in which lie wa-s in- volved witli the count of Auvergne, a vassal of the dutchy of Guienne, had invaded the territories of tliat nobleman ; who had recourse to the Idng of France, his superior lord, for protection, and thereby kindled a war between tlie two monarchs. But this war wa.s, as nsual, no less feeble in its operations than it was fri- volous in its cause and object ; and after occasioning Eome mutual depredations, and some insurrections among the barons of Poictou and Guienne, was termi- nated by a peace, Tlie teims of this peace were rather disadvantageous to Henrv', and prove that that prince had, by reason of his contest with the church, lost the superiority which he had hitherto maintained over the crown of France : an additional motive to him for ac- commodating those differences. The pope and the king began at last to perceive, that, in the present .situation of affairs, neither of them could expect a final and decisive victory over the other ; and that they liad more to fear than to hope from the duration of the controversy. Though the "vigour of Henry's government had confirmed his au- thority in all his dominions, his throne might be shaken by a sentence of excommunication; and if England itself could, by its situation, be more easily guarded against the contagion of superstitious prejudices, his French provinces at least, whose communication was open with the neighbouring states, would be niucli ex- posed, on that account, to some great revolution or convulsion. He could not, therefore, reasonably ima- gine that the pope, while he retained such a check upon liim, would formally recognise the Constitutions of Clarendon, which botli put an end to papal preten- sions in England, and would give an example to other states of exerting a like independency. Pope Alex- ander, on the other hand, being still engaged in dan- gerous wars with the emperor Frederic, might justly apprehend, that Henry, rather than relinquish claims of such importance, would join the party of lii.s enemy ; and as the trials liitherto made of the spiri- tual weapons by Becket had not succeeded to his expectation, and everything 1-ad remained quiet in all tlie king's dominions, nothing seemed impossible to the capacity and vigilance of so great a monarch. The disposition of minds on both sides, resultinrr fi-om these circumstances, produced frequent attempts to- wards an accommodation ; but as both parties knew that the essential articles of the dispute could not then be terminated, they entertained a perpetual jealousy of each other, and were anxious not to lose the least advantage in the negociation. The nuncios, Gratiau and Vivian, having received a commission to endea- vour a reconciliation, met with the king in Xormandy ; [11C8 ;] and after aU differences seemed to be adjusted, Henry offered to sign the treaty, with a salvo to liis royal dignity; wliich gave such umbrage to Becket, that the negociation, in the end, became fruitless, and the excommunications were renewed against the king's ministers. Another negociation was conducted at Montmirail, in presence of the king of France and the French prelates ; where Becket also offered to make his submissions, with a saho to tlio honour of God, and the liberties of the chuich ; which, for a like rea- son, was extremely offensive to the king, and rendered the treaty abortive. A third conference, [1169,] under the same mediation, was broken off, by Becket's in- sisting on a like resen'e in his submissions ; and even in a fourth treaty, when all the terms were adjusted, and when the primate expected to be introduced to the king, and to receive the kiss of peace, which it was usual for princes to grant in those times, and wliich was regarded as a sure pledge of forgiveness, Henry refused liim that honour, under pretence, that, dur- ing his anger, he had made a rash vow to that pur- pose. This formality served, among such jealous spirits, to prevent the conclusion of the treaty ; and tliough the difiBculty was attempted to be overcome by a dispensation which the pope granted to Henry from liis vow, that prince could not be prevailed on to de- jiart from the resolution whicli he had talcen. In one of these conferences, at which tlie French king was present, Henry said to that monarch : "There have been many kings of England, some of greater, some of less authority than myself : there have also been many archbishops of Canterbury, holy and good men, and entitled to every kind of respect : let Becket but act towards me with the same sulimission which the greatest of his jiredecessors have paid to the least of mine, and there shall be no controversy between us. Louis was so struck with this state of the case, and with an offer which Henry made to submit his cause to the French clergy, that he could not for- bear condemning the primate, and withdrawing his friendship from him during some time: but the bi- gotry of that prince, and their common animosity against Henry, soon produced a renewal of their former good correspondence. COMPROMISE WITH BECKET. July 22, 1170. AU difHciilties were at last adjusted between the no THE HISTORY OF ENGLAND. [Chap. VIIl. parties; and the Aing allowed Becket to retui-n, on conditions wliicli may be esteemed both honourable and advantageous to that prelate. He was not required to give up any rights of thecluirch,or resign any of those pretensions which had been the original ground of the controversy. It was agreed that all these questions should be buried in oblivion ; but that Becket and his adherents should, without making further submission, be restored to all their livings ; and that even the pos- sessors of such benefices as depended on the see of Canterbury, and had been filled during the primate's absence, should be expelled, and Becket have liberty to supply the vacancies. In return for concessions which entrenched so deeply on the honour and dignity of the crown, Henry reaped only the advantage of seeing his ministers absolved from the sentence of ex- communication pronounced against them, and of pre- venting the interdict, which, if these hard conditions had not been complied with, was ready to be laid on all his domiiiions. It was easy to see how much he dreaded that event, when a prince of so high a spirit could submit to terms so dishonourable in order to prevent it. So anxious was Heniy to accommodate aU differences, and to reconcile himself fully with Becket, that he took the most extraordinary steps to flatter his vanity, and even, on one occasion, humiliated himself 60 far as to hold the stirrup of that haughty prelate ■while he mounted. But the king attained not even that temporary tran- quillity which he had hoped to reap from these expe- dients. During the heat of his quarrel with Becket, while he was every day expecting an interdict to be laid on his kingdom, and a sentence of excommunication to be fulminated against his person, he had thought it prudent to have his son, prince Henry, associated with him in the royalty, and to make him be crowned king by the hands of Roger, archbishop of York. By this precaution he both ensured the succession of that prince, which, considering the many past irregularities in that point, could not but be esteemed somewliat precarious; and he preserved at least his family on the throne, if the sentence of excommunication should have the effect which lie dreaded, and should make his subjects renounce their allegiance to him. Though this design was conducted with expedition and secrecy, Becket, bjfo re it was carried into execution, had got intelUgence of it ; and being desirous of obstructing all Henry's measures, as well as anxious to prevent this oifront to himself, who pretended to the sole right, as archbishop of Canterbury, to officiate in the corona- tion, he liad inhibited all the prelates of England from assisting at this ceremony, had procured from the pope a mandate to the same purpose, and had incited the king of Fi'ance to protest against the coronation of young Henry, unless the princess, daughter of that monarch, should at the same time receive the royal unction. There prevailed in that age an opinion, which was aldn to its other superstitions, tliat tlie royal unc- tion was essentia] to the exercise of royal power : it was therefore natural both for the king of France, careful of his daughter's establishment, and for Becket, jealous of his own dignity, to demand, in the treaty with Henry, some satisfaction in this essential point. Henry, after apologising to Louis for the omission with regard to Margaret, and excusing it on account of the secrecy and dispatch requisite for conducting that mea- sure, promised that the ceremony should be renewed in the persons both of the prince and princess: and lie asssured Becket, that besides receiving the acknowledg- ments of Roger and the other bishops for the seeming affront put on the see of Canterbury, the primate should, as a further satisfaction, recover his rights by otHciating in this coronation. But the violeut spirit of Becket, elated by the power of the church, and by tlie victory which he had already obtained over his sove- reign, was not content with this voluutary compensa- tion, but resolved to make the injury which he pre- tended to have suffered, a handle for taking revenge on all his enemies. On his arrival in England he met the archbishop of York, and the bishops of London and Salisbury, who were on their journey to the lung in Normandy : he notified to the archbishop the sen- tence of suspension, and to the two bishops that of excommunication, which, at his solicitation, the pope had pronounced against them. Reginald de Warenne, and Gervase de Cornliill, two of the king's ministers who were employed on their duty in Kent, asked him, on hearing of this bold attempt, whether he meant to bring fire and sword into the kingdom? But the pri- mate, heedless of the reproof, proceeded, in the most ostentatious manner, to take possession of his diocese. In Rochester, and aU the towns through which he passed, he was received with the shouts and acclama tions of the populace. As he approached Southwark, the clergy, the laity, men of all lanks and ages, came forth to meet him, and celebrated with hymns of joy liis triumphant entrance. And though he was obliged, by order of the young prince, who resided at Wood- stoke, to return to his diocese, he found that he was not mistaken when he reckoned upon the highest veneration of the public towards his person and his dignity. He proceeded, therefore, with the more courage, to dart his spiritual thunders : he issued the sentence of excommunication against Robert de Broc and Nigel do Saclcville, with many others, who either had assisted in the coronation of the prince, or beeu active at the late persecution of the exiled clergy. This violent measure, by which he in effect denounced war against the king himself, is commonly ascribed to the vindictive disposition and imperious character of Becket ; but as this prelate was also a man of acknow- ledged abilities, we are not, in liis jjassions alone, to look for the cause of his conduct, when he proceeded to these extremities against his enemies. His sagacity had led him to discover all Henry's intentions; and he proposed, by this bold and unexpected assault, to pre- vent the execution of them. The king, from his experience of the dispositions of his people, was become sensible that his enterprise liad been too bold in establishing the Constitutions of Cla- rendon, in defining all the branches of royal power, and in endeavouring to extort from the church of England, as well as from the pope, an express avowal of these disputed prerogatives. Conscious also of liis own violencj in attempting to break or subdue the inflexible primate, he was not displeased to undo tha.t measure which had given his enemies such advantage against him; and he was contented tliat the controversy should terminate in that ambiguous manner, which was the utmost that princes in tliose ages could hope to attain in their disputes with the see of Rome, Though lie dropped, for the present, the prosecution of Becket, he still reserved to himself the riglit of maintaining that the Constitutions of Clarendon, the original ground of the quarrel, were both the ancient customs and the present law of tlie realm; and though he knew that the papal clergy asserted them to be im- pious in themselves, as well as abrogated by the sen- tence of the sovereign pontiff", he intended, in spite of their clamours, steadily to put those laws in execu- tion, and to trust to his own abUities, and to the course of events, for success in that perilous enterprise. He hoped that Becket's experience of a six years' exile would, after his pride was fully gratified by his resto- ration, be sufficient to teach him more reserve in liis opposition ; or if any controversy arose, he expected thenceforth to engage in a more favourable cause, and to maintain with advantage, while the primate was now in his power, the ancient and undoubted customs of tlic kingdom against the usurpations of the clergy. But Becket determined not to betray the ecclesiastical privileges by his connivance; and, apprehensive lest a prince of such profound policy, if allowed to proceed in his own way, might probably in the end prevail, resolved to take all the advantage which his present victory gave him, and to disconcert the cautious mea- Chap. VIIL] HENRY ir. 1154—1189. Ill sures of the king, hy the vehemence and rigour of Iiis own conduct. Assured of support from Rome, he was little intimidated by dangers, wliicli liis cour.age tauglit him to despise, and which, even if attended with tlie most fatal consequences, would serve only to gratify liis ambition and thirst of glory. MURDER OF THOMAS A BECKET. December 29. When the suspended and excommunicated prelates arrived at Baieux, where the king then resided, and complained to him of the violent proceedings of Becket, he instantly perceived the consequences; was sensible that his whole plan of operations was over- thrown ; foresaw that the dangerous contest between the civil and spiritual powers, a contest which he him- self had first roused, but winch he liad endeavoured, by all his late negociations and concessions, to appease, must come to an immediate and decisive issue; and he was thence thrown into the most violent commotion. The archbishop of York remarked to him, that so long as Becket Uved, he could never expect to enjoy peace or tranquillity : the king himself, being vehemently agitated, burst forth into an exclamation against his servants, whose want of zeal, he said, had so long left him exposed to enterprises of that ungrateful and im- perious prelate. Four gentlemen of his household, Reginald Fitz-Urse, William de Traci, Hugh de More- ville, and Richard Brito, taking these i)assionate ex- pressions to be a hint for Becket's death, immediately communicated their thoughts to each other; and, swear- ing to avenge their prince's quarrel, secretly withdrew from court. Some menacing expressions which they had dropped gave a suspicion of their design ; and the king dispatched a messenger after them, charging them to attempt nothing against the person of the pri- mate : but these orders arrived too late to prevent their fatal purpose. The four assassins, though they took different roads to England, arrived nearly about the same time at Saltwoode, near Canterbury; and be- ing there joined by some assistants, they proceeded in great haste to the archiepiscopal palace. They found the primate, who trusted entirely to the sacredness of his character, very slenderly attended ; and though they threw out many menaces and reproaches against him, he was so incapable of fear, that, without using any precautions against their violence, he immediately went to St. Benedict's church to liear vespers. They followed him thither, attacked him before the altar, and having cloven his head with many blows, retired without meeting any opposition. This was the tragical end of Thomas S, Becket, a prelate of the most lofty, intrejjid, and inflexible spirit, who was able to cover to the world, and probably to himself, the enterprises of pride and ambition, under the disguise of sanctity, and of zeal for the interests of religion : an extraordi- nary personage, surely, had he been allowed to remain in his first station, and had directed the vehemence of his character to the support of law and justice, instead of being engaged, by the prejudices of the times, to sacrifice all private duties and public connexions to ties which he imagined or represented as superior to every civil and political consideration. But no man who enters into the genius of that age can reasonably doubt of this prelate's sincerity. The spirit of super- stition was so prevalent, that it infallibly caught eveiy careless reasoner, much more every one whose interest, and honour, and ambition were engaged to support it. All the wretched Uterature of the times was enlisted on that side: some faint glinnuerings of common sense might sometimes pierce through the thick cloud of ig- norance, or, what was worse, the illusions of perverted science, which had blotted out the sun, and enveloped the face of nature: but those who preserved themselves untainted by the general contagion, proceeded on no principles which they could pretend to justify : they were more indebted to their total want of instruction, than to their knowledge, if they still retiuned some share of imderstanding: folly was possessed of all the schools as well as all the churches; and her votaries assumed the garb of pliilosophers, together with the ensigns of spiritual dignities. Throughout that large collection of letters which bears the name of St .Thomas, we find, in all the retainers of that aspiring prelate, no less than in himself, a most entire and absolute con- viction of the reason and piety of their own party, and a disdain of their antagonists : nor is there less cant and grimace in their style, wlien they address each other, than when they compose manifestos for the perusal of the pubhc. The spirit of revenge, vio- lence, and ambition, wliich accompanied their conduct, instead of forming a presumption of hypocrisy, are the surest pledges of their sincere attachment to a cause, which so much flattered these domineering passions. Henry, on the first report of Becket's violent mea- sures, had purposed to have him arrested, and had already taken some steps towards the execution of that design : but the intelligence of his murder threw the prince into great consternation; and he was imme- diately sensible of the dangerous consequences which he had reason to apprehend from so unexpected an event. An archbishop of reputed sanctity assassinated before the altar, in the exercise of his functions, and on account of his zeal in maintaining ecclesiastical privileges, must attain the highest houours of niart3'r- dom; wliile his murderer would be ranked among the most bloody tyrants that ever were exposed to the hatred and detestation of mankind. Interdicts and excommunications, weapons in themselves so teriible, would, he foresaw, be armed with double force, when employed in a cause so much calculated to work on the human passions, aud so peculiai-ly adapted to the eloquence of popular preachers and declaimers. In vain would he plead his own innocence, and even his total ignorance of the fact : he was sufficiently guilty, if the church thought proper to esteem him such: and his concurrence in Becket's martyrdom becoming a religious opinion, would be received with all the im- plicit credit wliich belonged to the most estaljlished articles of faith. These considerations gave the king the most unaffected coucein ; and as it was extremely his interest to clear himself from all susjilcion, he took no care to conceal the depth of his affliction. He shut himself up from the light of day, and from all com- merce with his servants: he even refused, during thi-ee days, all food and sustenance: the courtiers, appre- hending dangerous effects from his despair, were at last obliged to break in upon his solitude; and they employed every tojiic of consolation, induced him to accept of nourishment, and occupied his leisure in taking precautions against the consequences which ho so justly apprehended from the murder of the primate. SUBMISSION OF THE KING. 1171. The point of chief importance to Henry was to con- vince tlie pope of liis innocence; or rather, to persuade him that he would reap greater advantages from the submissions of England, than from jiroceeding to ex- tremities against that kingdom, 'ihe archbishop of Rouen, the bishops of Worcester and Evreux, with five persons of inferior quality, were immediately dis- patched to Rome, and oitlers were given them to per- form their journey with the utmost expedition. Though the name aud authority of the court of Rome were so terrible in the remote countries of Europe, which were sunk in profound ignorance, aud were entirely unac- quainted with its character and conduct, the pope was so little revered at home, that his inveterate enemies surrounded the gates of Rome itself, aud even control- led his government in that city; ami the ambassadors who, from a distant extremity of Earop.?, carried to him the humble or rather abject submissions of the greatest potentate of the age, found the utmost diffi- culty to make thaii- way to him, and to throw thorn- 112 THE HISTORY OF ENGLAND. [Chap. IX. selves at his feet. It was at length ag;^ed that Richard Barre, one of their number, sliould leave the rest behind, and run all the hazards of the passage, in order to prevent the fatal consequences wliich miglit ensue from any delay in giving satisfaction to his holiness. He found, on his arrival, tliat Alexander was already wrought up to the greatest rage against the king ; that Becket's partisans were daily stinudating him to revenge ; that the king of France had exhorted hini to fulminate the most dreadful sentence against England, and tliat tire veiy mention of Henry's name before the sacred college was received with eveiy expression of horror and execi'ation. The Thursday before Easter was now approaching, when it is customary for the pope to denounce annual curses against all his enemies ; and it was expected that Heniy should, witli all the pre- parations peculiar to the discharge of that sacred artillery, be solemnly comprehended in the number. But Barre found means to appease the pontiff, and to deter him from a measure which, if it failed of success, could not after- wards be easily recalled : the anathemas were only levelled in general against all the actors, accomplices, and abettors of Becket's murder. The abbot of Valasse, and tlie arch- deacons of Salisbuiy and Lisieux, with others of Heniy's ministers, who soon after arrived, besides asserting their prince's innocence, made oath before tlie whole consistoiy, that he would stand to the pope's judgment in the affair, and make every submission that should be required of him. The terrible blow was thus artfully eluded ; the cardinals Albert and Theodin were appointed legates to examine the cause, and were ordered to proceed to Normandy for that purpose ; and though Henry's foreign dominions were already laid under an interdict by the archbishop of Sens, Beclcet's great partisan, and the pope's legate in France, the general expectation, that the monarch would easily exculpate himself from any concurrence in the guilt, kept every one in suspense, and prevented all the bad consequences which might be dreaded from that sentence. The clergy, meanwhile, though their rage was happily diverted from falling on the king, were not idle in magni- fying the sanctity of Becket ; in extolling the merits of his marlyrdom ; and in exalting liim above all that devoted tribe wlio in several ages had, by their blood, cemented tlie fabric of the temple. Other saints had only borne testi- mony by their sufferings to the general doctrines of Chris- tianity ; but Becket had sacrificed his life to the power and privileges of the clergy; and this peculiar merit challenged, and not in vain, a suitable acknowledgement to his memory. Endless were the panegyrics on his \nrtue3 ; and the miracles wrought by his relics were more numerous, more nonsensical, and more impudently attested, than those which ever filled the legend of any confessor or martyr. Two j-ears after his death he was canonized by pope Alexander ; a solemn jubilee was established for cele- brating his merits ; his body was removed to a magnificent shrine, enriched with presents from all parts of Christen- dom ; pilgrimages were performed to obtain his interces- sion with heaven; and it was computed, that in one year above a hundred thousand pilgrims arrived in Canterbury, and paid their devotions at his tomb. It is indeed a mor- tifying reflection to those who are actuated by the love of fame, so justly denominated the last infirmity of noble minds, that the wisest legislator, and most exalted genius that ever reformed or enlightened the world, can never expect such tributes of praise as are lavished on the memory of pretended saints, wliose whole conduct was probably to the last degree odious or contemptible, and whose in- dustiy was entirely diiected to the pursuit of objects per- nicious to mankind. It is only a conqueror, a personage no less entitled to our hatred, who can pretend to the at- tainment of equal rcnomi and glory. It may not be amiss to remark, before we conclude the subject of Thomas a Becket, that the king, during his controversy with that prelate, was on every occasion more anxious than usual to express his zeal for religion, and to avoid all appearance of a profane negligence on that head. He gave his consent to the imposing of a tax on all his dominions for the delivery of the Holy Land, now threatened bj' the famous Saladin : this tax amounted to twopence a pound for one year, and a penny a pound for the four subsequent. Almost all the princes of Europe laid a like imposition on their subjects, which received the name of " Saladin's tax," During this period, there came over from Germany about thirty heretics of both sexes, under the direction of one Gerard ; simple, ignorant people, who could give no account of their faith, but declared themselves read}' to suffer for the tenets of their master. They made only one convert in England, a woman as ignorant as themselves ; yet they gave such umbrage to the clergy, that they were delivered over to the secular ami , and were punished by being burned on the forehead, and then whipped through the streets. They seemed to exult in their sufferings, and as they went along, sung the beatitude, Blessed are ye, when men hate you and persecute you. After they were whipped,_they were thrust out, almost naked, in the midst of winter, and perislied through cold and hunger ; no one daruig or being willing to give them the least relief. We are ignorant of the particular tenets of these people; for it would be imprudent to relj' on the re- presentations left of them by the clergy, who aflimi that they denied the efiicacy of their sacraments, and the unity of the church. It is probable that their departure from the standard of orthodoxy was still more subtle and minute. They seem to have been the first that ever suf- fered for heresy in England. As soon as Heniy found that he was in no immediate danger fiom tlio thunders of the Vatican, he imder- took an expedition against Ireland ; a design which he had long projected, and by which ho hoped to recover his credit, somewhat impaired by his late transactions with the hierarchy. CHAPTER IX. State of Ireland— —Conquest of that Island ^Tlic King's Accommodatiou with the Court of Rume — • — Revolt of young Henry and liis l)rothi?r»— — Wnra aiid Insurrections Wnr with Scotland I'enance of Hc-ury for Beckei'a Murder William, King of Scotland, defeated and taken pri. soner Tlic King's Accommodation with hia Sons The King a equi- tiihle Adiiiinistraiion Ciusadcs Revolt of Prince Richnrd Death and Character of Hcary Miscellaneous Transactions of hia Reign. STA'i'E OF IRELAND. 1172. AS Britain was first peopled from Gaul, so was Ireland probably from Britain ; and tlie inhabitants of all tliese countries seem to have been so many tribes of the Celtw, who derive their origin from an antiquity that lies far beyond tlie records of any history or tradition. The Irish from the beginning of time had been buried in the most profound barbarism and ignorance ; and as they were never conquered, or even invaded by the Romans, from whom all the western world derived its civility, they con- tinued still in the most rude state of society, and were distinguislied by those vices alone to which human natm'e, not tamed by education, or restrained by laws, is for ever subject. The small principalities into which they were divided, exercised peipetual rapine and violence against each other; the imcertain succession of their princes was a continual source of domestic convulsions ; the usual title of each petty sovereign was the murder of his predecessor ; courage and force, though exercised in the commission of crimes, were more lionoured than any pacific virtues; and the most simple arts of life, even tillage and agri- culture, were almost whollj' unknown among them. They had felt the invasions of the Danes and the other Gnsv. IX.] HENRY II. 1164—1189. 113 nortiieni tribes ; but these inroads, wliicli hai\ f.prcad barbarism in other jiarts of Em-ope, tended jather to improve tlie Irish ; and the only towns which were to be found in the ishind had been planted along the coast by the freebooters of Norway and Denmark. The other inhabitants exercised pasturage in the open couutrj- ; sought protection from any danger in their forests and morasses ; and being divided by the fiercest animosities against each other, were still more intent on the means of mutual injury, than on the expedients for common or even for jjrivate interest. Besides many small tribes, there were in the age of Henry II., five principal sovereignties in the island, Jlunster, Leinster, Jleath, Ulster, and Connaught ; and as it had been usual for the one or the otlier of these to talce the lead in their wars, there was com- monly some prince, who seemed, for the time, to act as monarch of Ireland. Roderic OX'onnor, king of Con- uaught, was then advanced to this dignity; but his government, ill obeyed even within his own temtory, could not unite the people in any measures, either for the estabhshmcnt of order, or for defence against foreigners. The ambition of Henry had, very early in liis reign, been moved by the prospect of these advan- tages, to attempt the subjecting of Ireland ; and a pre- tence was only wanting to invade a people who, being always confined to their own island, had never given any reason of complaint to any of their neighbours. For this purjiose he had recourse to Rome, which as- Buraed a right to dispose of kingdoms and empires ; and not foreseeing the dangerous disputes which he ■was one day to maintain with that see, he helped, for present, or rather for an imaginary convenience, to give sanction to claims which were now become dan- gerous to all sovereigns. Adrian III., who then filled the papal chair, was by birth an Englishman ; and being on that account the more disposed to oblige Henry, ho was easily persuaded to act as master of the ■world, and to make, without any hazard or expense, the acqiusition of a great island to his spiritual juris- diction. The Irish had, by precedent missions from the Britons, been imperfectly converted to Christi- anity ; and, what the pope regarded as the surest mark of their imperfect conversion, they followed the doctrines of their first teachers, and had never ac- knowledged any subjection to the see of Rome. Adrian, therefore, in the year 1I5G, issued a bull in favour of Henry ; in which, after premising that this prince had ever shown an anxious care to enlarge the church of God on earth, and to inci'caso the number of his saints and elect in heaven, ho represents his design of sub- duing Ireland as derived from the s.ime pious motives: he considers his care of previously applying for the apostolic sanction as a sure earnest of success and victory ; and having established it as a point incon- testable, that all Christian kingdoms belong to the pa- trimony of St. Peter, he acknowledges it to be his own duty to sow among them the seeds of the gospel, which might in the last day fructify to tlieir eternal salvation: lie exhorts the king to invade Ireland, in order to ex- tirpate the vice and wickedness of the natives, and oblige them to pay yeai'ly, from every hoiise, a penny to the see of Rome : he gives him entire right and au- thority over the island, commands all the inhabitants to obey him as their sovereign, and invests with full power all such godly instruments as he should think proper to employ in an enteri^rise thus calculated for the glory of God and the salvation of the souls of men. Henry, though armed with this authority, did not immediately put his design in execution ; but being detained by more interesting business on the continent, waited for a favourable opportunity of in- vading Ireland. Hermot Macmonogh, king of Leinster, had, by his licentious tyranny, rendered himself odious to his sub- jects, who seized with alacrity the first occasion that oftered of throwing oil" the yolce, wliich was become gi-ievous and oppressive to them. This prince had Vol. I. formed a design on Dovergilda, wife of Ororic, prince of Breffny ; and talTsit to his father in-law at Paris, who took the opportunity of instilling into the young prince those ambitious scnfimcnts to which he w.->s naturally but too much inclined. Though it had been the constant practice of France, ever since the acces.sion of the Capetian line, to crown the son during the lifetime of the fether, without conferring on him any present participation of royalty ; Louis persuaded his pon-in-law, that, by this ceremony, which in those ages was deemed so im])ortant, he had acquired a title to sovereignty, and that the king could not, without in- justice, exclude him from immedl;ite possession of the whole, or at least a part of his dominions. In conse- quence of these extravagant ideas, young Henry, on his return, desired the king to resign to him either tho crown of England or the dutchy of Normandy ; dis- covered great discontent on the refusal; spake in tho most undutiful terms of his father; and soon after, in concert with Louis, made Iris escape to Paris, where he was ])rotected and supported 'oy tliat monarch. While Henry was alarmed at this incident, and had the prospect of dangerous intrigues, or even of a war, which, whether successful or not, miist be extremely calamitous and disagreeable to him, he received intel- ligence of new misfortunes, which must have afiected him in the most sensible manner. Queen Eleanor, who had disgusted her first husband by her gallantries, was no less offensive to her second by her jealousy ; and after this manner carried to extremity, in the dif- ferent periods of her life, every circumstance of female weakness. She communicated her discontents against Henry to her two younger sous, Geoffrey and Richard ; persuaded them that they were also entitled to present possession of the territories assigned to them ; engaged them to fly secretly to tho court of France ; and was meditating, herself, an escape to the same court, and had even put on man's apparel for that purpose ; when she was seized by onlers from her husband, and thrown into confinement. Thus Europe saw with astonish- ment the best and most indulgent of parents at war with his whole family; tlirec boys, scarcely aiTived at the age of puberty, required a great monarch, in the full vigour of his age and height of his reputation, to dethrone himself in their favour ; and several princes not ashamed to support them iii these unnatui-al and absurd pretensions. Henry, reduced to this perilous and disagreeable si- tuation, had recourse to the court of Rome : though sensible of the danger attending the interposition of ecclesiastical authority in temporal disputes, he applied to the pope, as his superior lord, to excommunicate his enemies, and by these censures to reduce to obedienco his undutiful children, whom he found such reluctance to punish by tho sword of tho magistrate. Alexander, well pleased to exert his power in so justifiable a cause, issued the bulls required of liim : but it was soon found, that these spiritual weapons had not the same force as when employed in a spiritual controversy ; and that the clergy were vei-y negligent in supporting a sentence which was nowise calculated to promote the immediate interests of their order. The king, after taking in vain this humiliating step, was obliged to have recouree to arms, and to enlist such auxiliaries as are the usual resource of tyrants, and have seldom been employed by so wise and jiLst a monarch. The loose government which pucvailcd in all tho states of Europe, the many private wars carried on among the neighbouring nobles, and the impossibility of enforcing any general execution of the laws, had encouraged a tribe of banditti to disturb everywhere tho public peace, to infest the highways, to pillage the open country, and to brave all the efforts of the civil magistrate, and even the excommunications of tho church, which were fulminated against them. Troops of them were sometimes enlisted in the service of one prince or b.iron, sometimes in that of another: they often acted in an independent manner, under Leaders of their own : the peaceable and industrious inhabit- ants, reduced to poverty by their ravages, were fre- quently obliged, for subsistence, to betake themselves to a like disorderly course of life : and a continual in- It Kpivan from Mfdox's Hiitnry of the Exchequer, UiM l)]k franncnts TOc then known in KngUnd, and that the cnnnatlon mb«« of the yount ton:; an.) qiiccn coftcighty-toen pountU ten shillings and four-li«ncr. tnonry "f iJiat lu'e. t Epiit. Petri niei. epist. irK. In Bib't<^th. Patr. tnm. rx\v. p. 1IM8. HiB wonts are. " Vestne juiiMiiciiiinls est reftnum Anplix, el auantnm ad (m- datoril Juris oblljtacioncin, vo\>\* duntaxac obnoxitis teneor." The »n!f stiauKC I':.pcr is lii liyin.T, v..I, i. p. a'», nvA Triv.-t. vcLL r».R2 116 THE HISTORY OF ENGLAND. [Chai'. IX. testine war, pernicious to industjy, as well as to the execution of justice, was thus carried on in (he bowels of every kiugenly in favour of the latter. William, king of Scotland, had also entered into this great con- federacy ; and a plan was concerted for a general inva- sion on different parts of the king's extensive and factious dominions. HostiUties were first commenced by the counts of Flanders and Boulogne on the frontiers of Normandy. Those in-inces laid siege to Anniale, which was de- livered into theii- hands by the treachery of the count of _ that name : this nobleman surrendered himself prisoner ; and, on pretence of thereby paying his ran- som, opened the gates of all his other fortresses. The two counts ni-'xt besieged and made themselves masters of iJiincourt; but the count of Boulogne was hero mortally wounded in the assault ; and this incident put sonic stop on the progress of the Flemish arms. WARS AND INSURRECTIONS. 1173. In another quarter, the king of France, being Rtrougly assisted by his vassals, assembled a great anny of seven thousand knights and their foUowers on horseback, and a proportionable number of infantry : carrying young Henry along with him, he laid sie-e to Verneiiil, which was vigorously defended by Hu°h de Lacy and Hugh do Beauchamp, the governors. iVfter lie had lain a month before the place, the garri- son being straitened for provisions were obliged to capitulate ; and they engaged, if not relieved within three days, to surrender the town, and to retire into the citadel. On the last of these days, Henry ap- peared with his army upon the heights above Yerneuil. Louis, dreading an attack, sent the archbishop of Sens and the count of Blois to the English camp, and de- sired that next day should be appointed for a confer- ence, in order to establish a general peace, and ter- minate the difference between Henry and his sons. The kini-, who passionately desired this accommoda- tion, and suspected no fraud, gave his consent ; but, Louis that morning, obliging the garrison to surrender according to the capitulation, set fire to the place, and began to retire with his army. Henry, provoked at this artifice, attacked the rear with vigour, put them to rout, did some execution, and took several prisoners. The French army, as their time of service was now expired, immediately dispersed themselves into their several provinces ; and left Henry free to prosecute his ad\antages against his other enemies. The nobles of Britanny, instigated by the earl of Chester and Ralph deFourgeres, were all in arms; but. their progress was checlced by a body of Brabanv'ons, wliich the king, after Louis's retreat, had sent against them. The two armies came to an action near I)ol ; where the rebels were defeated, fifteen hundred killed on the spot, and the leaders, the earls of Chester and Fourgeres, obhged to take shelter in the town of Dol. Henry hastened to form the siege of that place, and carried on the attack with such ardour, that he obligrd the governor and garrison to surrender themselves prisoners. By these vigorous measures and happy suc- cesses, the insurrections were entirely quelled in Bri- tanny ; and the king, thus fortunate in all quarter.s, willingly agreed to a conference with Ijouis, in hopes that his enemies, finding all their mighty efforts entirely frustrated, would terminate hostilities on some moderate and reasonable conditions. The two monarchs met between Ti'ie and Gisors; and Henry had here the mortification to see his three sons in the retinue of his mortal enemy. As Louis had no other pretence for war than supporting the claims of the young princes, the king made them such ofierc as children might be ashamed to insist on, and could be extorted from him by nothing but his jiarental af- fection, or by the present necessity of his aft'aii's. Ha insisted only on retaining the sovereign authority in all his dominions; but offered young Henry half tlie revenues of England, with some places of surety iii that kingdom ; or, if he rather chose to reside in Nor- mandy, half the revenues of that dutchy, with all those of Anjou. He made a like offer to Richard iu Guienne ; he promised to resign Britanny to Geoffrey; and if these concessions were not deemed sufficient, he agreed to add to them whatever the pope's le- gates, who were present, should require of liini. The earl of Leicester was also present at the negocia- tion ; and, either from the impetuosity of liis temper, or from a view of a1:iruptly breaking oft' a conference which must cover the alUes with confusion, he gave vent to the most violent reproaches against Henry, and he even put his hand to his s\vord, as if he meant to attempt some violence against him. This furious ac- tion threw the whole company into confusion, and put an end to the treaty. The chief hopes of Henry's enemies seemed now to depend on the state of affairs in England, -where his authority was exposed to the most imminent danger. One article of prince Henry's agreement with his foreign confederates was, that he should resign Kent, with Dover, and all its other fortresses, into the hands of the earl of Flanders : yet so little national or pub- lic spirit prevailed among the independent English no- bility, so wholly bent were they on the aggrandizement each of himself and his own family, that, notwith- standmg this pernicious concession, which must have produced the ruin of the kingdom, the greater part of Chap. IX.] HENRY 11. 11.54—1189. II? them had consiiircd to make an insurrection, and to support the prince's pretensions. Tl'.e king's jirincipal resource lay in the church .and the bishops, with wlioni he w.as now in perfect agreement ; wlietlier that the decency of their character made them ashamed of sup- porting so unnatural a rebellion, or that they were entirely siitisfied with Henry's atonement for the mur- der of liccket, and for his former invasion of ecclesi- astical immnnities. 'I'hat prince, however, had resi^'ned none of the essential rights of his crown in the accom- modation ; he maintained still the same prudent jea- lousy of the court of Rome; admitted no legato into Kngland, without his swearing to attempt notliing against tlie royal prciogatives ; and he had even obliged the monks of Canterbury, who pretended to a free election on the vacancy made by the death of Bccket, to choose Roger, prior of Dover, in the place of tliat turbulent prelate. WAR WITH SCOTLAND. 1173. The king of Scotland made an irruption into Nor- thumberland, .and committed great devastations ; but being op];osed by Richard de Lucy, whom Henry had left guardian of the realm, he retreated into his own country, and agreed to a cessation of arms. This truce enabled the guardian to march southward with his army, in order to oppose an invasion, which the earl of Leicester, at the head of a great body of Flem- ings, had made upon Suffolk. The Flemings had been joined by Ilugli Bigod, who made them masters of his castle of Franilinghain ; and, marching into the heart of the kingdom, where they hoped to be sup- ported by Leicester's vassals, they were met b}' Lucy, wlio, assisted by Humphry Boliun, the constable, aiid the earls of Arundel, Gloucester, and Cornwall, had advanced to Faruham, with a less numerous, but braver army, to ojipose them. The Flemings, who were mostly weavers and artificers, (for manufactures were now beginning to be established in Flanders,) were broken in an instant, ten thousand of them were I)ut to the sword, the earl of Leicester was taken pri- soner, and the remains of the invaders were glad to compound for a safe retreat into their own country. PENANCE OF HENRY FOR BECKET'S MURDER. Ju/i/li, 1174. This great defeat did not dishearten the malcontents ; who, being supported by the alliance of so many foreign princes, and encouraged by the king's own sons, determined to persevere in their enterprise. The earl of Ferrars, Roger de Moubray, Architel de Alallory, Richard de Mnrrcville, Hamo de JIascic, to- gether with many friends of the earls of Leicester and Chester, rose in arms : the fidelity of the earls of Clare and (iloucester was suspected ; and the guardian, though vigorously supported by Geoffrey, bishop of Lincoln, tlie king's natural son by the fair Rosamond, foirad it oiffieult to defend himself on all quarters from so many open and concealed enemies. Tlie more to augment the confusion, the king of Scotland, on the e.xpiration of the truce, broke into the northern pro- vinces with agreatarmy of !!O,O00men ; which, though undiscii)lined and disorderly, and better fitted for com- mitting devastation, than for executing any military enterprise, was become dangerous from the present fectious and turbulent spirit of tlie kingdom. Henry, who had bafJled all his enemies in France, and had put his frontiers in a posture of defence, now found Eng- land the seat of danger ; and he detei-mined by his presence to overawe the malcontents, or by his con- duct and courage to subdue them. He landed at Southampton ; and, knowing the influence of supersti- tion oviT the minds of the people, he hastened to Can- terbury, in order to make atonement to the ashes of Thomas h Becket, and tender his submissions to a dead enemy. As soon as he came witliin sight of the church of Canferbnrj', he dismounted, walked bare- foot towards it, prostrated himself before the shrine of the saint, remained in fasting and prayer during a whole day, and watched all night the Iioly relics. Not content with this hypocritical devotion towards a man, whose violence and ingratitude had so long dis- quieted his government, and had been the object of his most inveterate animosity, he submitted to a penance still more singular and humiliating. He assembled a chajiter of the monks; disrobed himself before them, put a scourge of discipline into the hands of each, and presented his bare shoulders to the lashes which these ecclesii^stics successively inflicted upon him. Next day he received absolution ; and departing for London, got soon after the agreeable intellig.'nee of a great victory which his generals had obtained over the Scots, and which being gained, .as wa.s reported, on the very day of his absolution, was regarded as tin- earnest of his final reconciliation, with. Heaven and with Thomas a Becket. WILLIAM, KING OF SCOTLAND, DEFEATED AND TAKEN PRISONER. July 13. William, king of Scots, though repulsed before the castle of Prudhow, and other fortified places, had committed the most horrible depredations upon the northern provinces: but on the approach of Ralph de Glanville, the famous justiciaiy, seconded by Barnard de Baliol, Robert de Stuteville, Odonel de Umfreville, William de Vesci, and other northern barons, together with the gallant bishop of Lincoln, he thought jn-oper to retreat nearer his own country, and he fixed his camp at Alnwic. He had here weakened his army ex- tremely, by sending out numerous detachments ia order to extend his ravages : and he lay absolutely safe, as he imagined, from any attack of the enemy. But Glanville, informed of his situation, made a hasty and fatiguing march to Newcastle ; and allowing his soldiers only a small interval for refreshment, he im- mediately set out towards evening for Alnwic. lie marched that night above thirty miles ; arrived in the morning, under cover of a mist, near the Scottish camp : and regardless of the great numbers of the enemy, he began the attack with his small but deter- mined body of cavaliy. William was living in such supine security, that he took the English at first for a body of his own ravagers, who were returning to the camp : but the sight of their banners convincing him of his mistake, he entered on the action with no greater body than a hundred horse, in confidence that the numerous army which surrounded him would soon hasten to his relief. He w.as dismounted on the first shock, and taken prisoner ; while his troops, hearing of this disaster, fled on all sides with the utmo.st pre- cipitation. The dispersed rav.agei-s made the best of their way to their own country ; and, discord arising among them, they proceeded even to mutual hostili- ties, and suft'ered more from each other's sword, than j'rom that of the enemy. This great and important victory proved at last de- cisive in favour of Henry, and entirely bi'oke the spirit of the English rebels. The bishop of Durham, who was preparing to revolt, made his submissions ; Hugh Bigod, though he had received a strong re-en- forcement of Flemings, was obliged to surrender all his castles, and throw himself ou th" king's mercy; no better resource was left to the carl of Feri-ars and Roger de Jloubray ; the inferior rebels imitating the example, all England was restored to tranquillity in a few weeks; and as the king appeared to lie under the immediate protection of Heaven, it was deemed iiu- jiious any longer to resist him. The clergy exalted anew the merits and powerful intercession of Becket, .and Henry, instead of opposing this siiiierstitiou, plumed himself on the new f'riencUhip of the saiut, and propagated an opinion which was so favourable to his interests. 118 riiiice Henry, who was ready to emljark at Cxravc- lines with the carl of Flanders and a great army, hear- insthatUispartisans in Kngland were suppressed, aban- doned all thoughts of tlie cntcri.rise, and joined the camp of Louis, wlio, during the absence of the lung had made an irruption into Normandy, and had laic sio^e to Koiien. The place was defended witli great vi.'our by the inhabitants ; and Louis.dcspairing ot suc- cess by open force, tried to gain the town by a strata- gem, which, in that superstitious age, was deemed not very lionoui-able: lie proclaimed in his o«n camp a ces- aition of amis, on pretence of celebrating the festival of St. Laurence ; and when the citizens, supposing them- selves in safety, were so imprudent as to remit their guard, he purposed to take advantage of their security. Hai)pily,some priests had, from mere curiosity.mountcd n steeple, where the alarm-bell hung ; and observing the Fi-encli camp in motion, they immediately rang tlic bell, and gave warning to the inhabitants, who ran to their several stations. The French, who, on hearing tlu alarm, hurried to the assault, had already mounted the walls in several places ; but being repulsed by the en- raged citizens, were obliged to retreat with consider- nbte loss. Next day Henry, who had hastened to the defence of his Norman 'dominions, passed over the bridge in triumjih ; and entered Roiien in sight of the French army. The city was now in absolute safety ; nnd the king, in order to brave the French monarch, commanded the gates, which had been walled up, to be opened ; and lie prepared to push his advantages against the enemy. Louis saved himself from this perilous situation by a new piece of deceit not so jus- tifiable, lie proposed a conference for adjusting the terms of a general peace, which ho knew would be greedily embraced by Henry ; and while the king of Kngland trusted to the execution of his promise, he made a retreat with his army into France. There was, however, a necessity on both sides for an accommodation. Heniy could no longer bear to see his three sons in the hands of his enemy ; and Louis dreaded least this great monarch, victorious in all quarters, crowned with glory, and absolute master of his dominions, might take revenge for the many dan- gers and disquietudes which the arms, and still more the intrigues of France, had, in his disputes both with Becket and his sons, found means to raise him. After making a cessation of arms, a coufereuce was agreed on near Tours ; where Henry granted his sons much less advantageous terms than he had formerly offered ; and he received their submissions. The most material of his concessions were some pensions which he stipu- lated to pay them, and some castles which he granted them for the place of their residence ; together with an indemnity for all their adherents,who were restored to their estates and honours. Of all those who had embraced the cause of the young prince, William, king of Scotland, was the only considerable loser by that invidious and unjust enter- prise. Henry delivered from confinement, without exacting any ransom, about nine hundred knights, ■whom he had taken prisoners ; but it cost William the ancient independency of his crown as the price of liis liberty. He stipulated to do homage to Henry for Scotland and all his other possessions; he cnga"-ed that all the barons and nobility of his kingdom should also do homage ; that the bishops should take an oath of fealty; that both should swear to adhere to the king of lOngland against their native prince, if the latter should break his eng.agements; and that the fortresses of i;dinbiirgh, Stirling, Berwick, Roxborough, and .Tedborough, skould be delivered into Henry's hands, till the performance of these articles. This severe and humiliating treaty was executed in its full rigour. [lOtli August, 1175.] William, being released, brought up all his barons, prelates, and abbots ; and they did ho- mage to Henry in the cathedral of York, nncl acknow- ledged liim and his successors for their superior lord. The English monal-ch stretched still further the rigour THE HlSTOUr OF ENGLAND [Chap. IX. of the conditions which he exacted. Ho engaged the king and states of Scotland to make a perpetual ces- sion of the fortresses of Berwick and Roxborough, and to allow the castle of Edinburgh to remain in his Iiands for a limited time. Tliis was the first great as- cendant which England obtained over Scotland; and in- deed the first important transaction which had passed between the kingdoms. Few princes have been so fortunate as to gain considerable advantages over their weaker neighbours with less \-iolence and injus- tice than was practised by Henry against the king of tlic Scots, whom he had taken prisoner in battle, and who had wantonly engaged in a wur, in which all the neighbours of that prince, and even his own family, were, without provocation, combined against him.* THE KING'S EQUITABLE ADMINISTRATION. 1170. Henry having thus, contrary to expectation, extri- cated himself with honour from a situation in wliieli his throne was exposed to great danger, was employed for several years in the administration of justice, in the execution of the laws, and in guarding against those inconveniencies, which either the past convulsions of his state, or the political institutions of that age, una- voidably occasioned. The provisions which he made show such largeness of thought as qualified him for being a legislator; and they were commonly calculated as well for the future as the present happiness of his kingdom. He enacted severe penalties against robbery, mur- der, false coining, arson ; and ordained that these crimes should be punished by the amputation of the right hand and right foot. The pecuniary commuta- tion for crimes, which has a false appeai-ance of lenity, had been gradually disused ; and seems to have been entirely abolished by the rigour of these 'statutes. The superstitious trial by water ordeal, though condemned by the church, still subsisted; but Henry ordained, that any man accused of murder, or any heinous felony, by the oath of the legal knights of the county, should, even though acquitted by the ordeal, be obliged to abjure the realm. All advances towards reason and good sense are slow and gradual. Henry, though sensible of the great absurdity attending the trial by duel or battle, did not venture to abolish it: he only admitted either of the parties to challenge a trial by an assize, or jury of twelve freeholders. Tliis latter method of trial seems to have been very ancient in England, and was fixed by the laws of king Alfred: but the barbarous and violent genius of the age had of late given more credit to the trial by battle, which had become the general method of deciding all important controversies. It was never abolished by law in Englaijd ; and there is an in- stance of it so late as the reign of Elizabeth : but the institution revived by this king, being found more rea- sonable and more suitable to a civilized people, gradu- ally prevailed over it. The partition of England into four divisions, and the appointment of itinerant justices to go the cir- cuit in each division, and to decide the causes in the counties, was another important ordinance of this prince, which had a direct tendency to curb the op- ju-essive barons, and to protect the inferior gentry and common people in their proi)erty. Those justices were either prelates or consideralile noblemen; who, besides carrying the authority of the king's commission, were able, by the dignity of their own character, to give weight and credit to the laws. That there might be fewer obstacles to the execution of justice, the king was vigilant in demolishing all the new-erected castles of the nobility, ill England as well as in his foreign dominions; and he permitted no for- • Stnie Scotch liistorians pretenil, that William paid, besides, lOO.OlKI pounds of raiison., wliiclx,i3 f|uitc incredible. The ransom of Richard I ■ who, besides Kngland, possessed so many rich territories in France, was only 150,o:to marlis, and yet was lei'ied with great dilficulty, Ind-cd, two-thir after the conquest nf IrcUnd. to rumraon turoiij Ami numbers of that coiintr)- to the iLiiglUh pailiauieiu. Mollneux*s('ns<-nf Inland, Jip. CA — < (I. -vjcliuan even duub s whether the law weie not a!ao extended to Kn.(tUnd. If It were not, it ciuM only be because Henry did not choose it : for il's au- tuontT waa pvala iu that IdngtLum tiiAn In his onncnaxiDe doininionc. the humours of the times disposed the people to ques- tion the justice of his ordinance ; the fullest and most authentic assembly had no authority. Thus all was confusion and disorder ; no regular idea of a constitu- tion ; force and violence decided everything. The success which liad attended Henry iu his wars did not much encourage his neighbours to form any attempt ag:iinst him ; and his transactions with them, during several years, contain little memorable. Scot- land remained in th.at state of feudal subjection to which he had reduced it, and gave liim no further inquietude. He sent over his fourth son, John, inio Ireland, with a view of making a more complete con- quest of the island ; but the petulance and incapacity of this prince, by which ho enraged the Irish chieftains, obliged the king soon after to recal him. The king of Franco had fallen into an abject superstition; and was induced, by a devotion more sincere than that of Henry, to make a pilgrimage to the toinb of Becket, in order to obtain his intercession for the cure of Philip, his eldest son. He probably thought himself well en- titled to the favour of that saint, on account of their ancient intimacy; and hoped that Becket, whom he had protected while on earth, would not now, when he was so highly exalted in heaven, forget his old friend and benefactor. The monks, sensible that their saint's honour was concerned in the case, failed not to publish that Louis's prayers were answered, and that the young prince was restored to health by Cecket's intercession. That king himself was soon after struck with an apo- ])Iexy, which deprived him of his understanding: Pliilip, though a youth of fifteen, took on him the administra- tion, till his father's death, which happened soon after, opened his way to the throne; and he proved the ablest and greatest monarch that had governed that kingdom since the age of Charlemagne. The superior years, however, and experience of Ilcnry, while they mode- rated his ambition, gave him such an ascendant over this prince, that no dangerous rivalship, for a long time, arose between thom. The English monarch, instead of taking advantage of his own situation, rather eraploj'ed his good offices in composing the quarrels which arose in the royal family of France ; and he was successful in mediating a reconciliation between Philip and his mother and uncles. These services were but Ul requited by Philip, who, when he came to man's estate, fomented all the domestic discords in the royal family of England, and encouraged Henry's sons iu their ungrateful and undutiful behaviour towards him. IISO. Prince Hcnrj', equally impatient of obtaining power, and incapable of using it, renewed to the king the demand of his resigning Norm.andy; and on meet- ing with a refusal, he fled with his consort to the court of France; but not finding Philip at that time disposed to enter into war for his sake, he accepted of his father's offers of reconciliation, and made him sub- missions. It was a cruel circumstance in the king's fortune, that he could hope for no tranquillity from the criminal enterprises of his sons but by their mutual discord and animosities, which disturbed liis family, and threw his state into convulsions. Richard, whom he had made master of Guienne, and wlio luad dis- played his valour and military genius by suppressing the revolts of his mutinous barons, refused to obey Henry's orders, in doing homage to his elder brother for that dutchy; and he defended himself against young Henry and Geoffrey, who, uniting their arms, carried war into his territories. The Icing, with some difficulty, com- posed this difference; but immediately found his eldest son engaged in conspiracies, and ready to take arms against himself. While the young prince was conduct- ing these criminal intrigues, he w;is seized with a fever [UR3] at Martel, a castle near Turenne, to which he had retired in discontent- and seeing the approaches of death, he was at last struck with remorse for his undu- tiful behaviour towards his father. He sent a message to the king, who was not far distant ; expressed his contrition for his faults; and entreated the favour of a 120 THE HISTORY OF ENGLAND. [Chap. IX. visit, tliat he iniglit at least die with the satisfaction of having obtained liis forgiveness. Henry, wlio had so often experienced the prince's ingratitude and violence, apprehended that his sickness was entirely feigned, and he durst not entrust himself into his son's hands: but ■when he soon after (Uth of June) received intelligence of young Henry's death, and the proofs of his sincere repentance, this good prince was aifected with the deepest sorrow; he thrice fainted away; he accused his own hard-hsxrtedness in refusing the dying request of his son ; and he lamented that ho had deprived that prince of the last opportunity of making atonement for his offences, and of pouring out his soul in tlio bosom of his reconciled father. This prince died in the twenty-eighth year of his age. The behaviour of his surviving children did not tend to give the king any consolation for the loss. As prince Uenry had left no posterity, Richard was become heir to all his dominions; and the king intended that John, liis fourth surviving son and favourite, should inherit Guienne as his appanage: but Ricluard refused his con- sent, Hed into that dutchy, and even made preiiarations for carrying on war, as well against his fatlier as ngainst his brother Geoffrey, who was now put in pos- session of Britanny. Henry sent for Eleanor, his queen, the heiress of Guienne, and required Richard to deliver up to her the dominion of these territories; wliich that prince, either dreading an insurrection of the Gascons in her favour, or retaining some sense of duty towards her, readily performed; and he peace- ably returned to his father's court. No sooner was this quarrel accommodated, than Geoffi'ey, the most vicious perhaps of all Henry's xmhappy family, broke out into violence ; demanded Anjou to be annexed to his dominions of Britanny; and on meeting witli a re- fusal, fled to the court of France, and levied forces against his father. Henry was freed from this danger by his son's death, who was killed in a tournament at Paris. The widow of Geoffrey, soon after his decease, was delivered of a son, who received the name of Ar- thur, and was invested in the dutchy of Britanny, un- der tlie guardianship of his grandfather, who, as duke of Normandy, was also superior lord of that territory. Philip, as lord paramount, disputed some time his title to this wardship ; but was obliged to j'ield to the incli- nations of the Bretons, who preferred the government of Henry. CRUSADES. 1185. But the rivalship between these potent princes, and all their inferior interest, seemed now to have given place to the general passion for the relief of the Holy Land, and the expulsion of the Saracens. Those in- fidels, though obliged to yield to the immense inunda- tion of Christians in the first crusade, had recovered corn-age after the torrent was past; and attacking on all quarters the settlements of the Ehropeans, had re- duced these adventurers to great difficulties, and obliged them to apply again for succours from the West. A second crusade, under the emperor Conrade and I.ouis VII., king of France, in wliicli there perished above 200,000 men, brought them but a temporary relief; and those jH-inces, after losing such immense armies, and seeing the flower of their nobUity fall by tlieir side, returned with little honour into Europe. But these repeated misfortunes, which drained the western world of its people and treasure, were not yet sufficient to euro men of their passion for those spiritual adven- tures ; and a new incident rekindled with fresh fury the zeal of the ecclesiastics and military adventurers among the Latin Christians. Saladin, a prince of great generosity, bravery, and conduct, having fixed himself on the throne of Egypt, began to extend his conquests over the East; and finding the settlement of the Chris- tians in Palestine an invincible obstacle to the pron-ress of his arms, he bent the wliole force of his pohcy and valour to subdue that small and barren, but important territoi-y. Taking advantage of dissensions which prevailed among the champions of the cross, and hav- ing secretly gained the count of Tripoli, who com- manded their armies, ho invaded the frontiers with a mighty power; and, aided by the treachery of that count, gained over them at Tiberaide a complete vic- tory, [1187,] which utterly annihilated the force of the already languishing kingdom of Jerusalem. The holy city itself fell into his hands, after a feeble resistance ; the kingdom of Antioch was almost entirely subdued; and, except some maritime towns, nothing considerable remained of those boasted conquests, which, near a century before, it had cost the efforts of all Europe to acquire. The western Christians were astonished on receiving this dismal intelligence. Pope Urban III., it is pre- tended, died of grief; and his successor, Gregory VIII., employed the wliole time of hia short pontificate in rousing to arms all the Christians who acknowledged his authority. The general cry was, tliat they were unworthy of enjoying any inheritance in heaven, who did not vindicate from the dominion of the infidels the inheritance of God on earth, and deliver from slavery that country which had been consecrated by the foot- steps of their Redeemer. William, archbishop of Tyre, having procured a conference between Henry and Philip ne.ir Gisors, (21st January, 1188,) enforced all these topics ; gave a patlietic description of the miser- able state of the Eastern Christians ; and employed every argument to excite the ruling passions of tlie age, superstition, and jealousy of military honour. The two monarchs immediately took the cross; many of their most considerable vassals imitated the example; and as the emperor, Frederic I., entered into the same confederacy, some well-grounded hopes of success were entertained; and men flattered themselves, that an en- terprise which had failed under the conduct of many independent leaders, or of imprudent princes, might at last, by the efforts of such potent and able monarclis, be brought to a happy issue. The kings of France and England imposed a tas, amounting to the tenth of all moveable goods, on such as remained at home ; but as they exempted from this burden most of tlie regular clergy, the secular aspired to the same immunity; pretended that their duty obliged them to assist the crusade with their prayers alone ; and it w.is with some diflSculty they were con- strained to desist from an opposition, which in them, who had been the chief promoters of those pious enter- prises, appeared with the worst grace imaginable. This b.ackwardness of the clergy is perhaps a symptom, that the enthusiastic ardour wliich had at first seized the people for crusades, was now by time and ill success considerably abated ; and that the frenzy was chiefly supported by the genius and love of glory in the mo- narchs. REVOLT OF PRINCE RICHARD, 1189. But before this great machine conld be pnt in mo- tion, there were still many obstacles to surmouut, Philip, jealous of Henry's power, entered into a pri- v.ate confederacy with yoimg Richard ; and, working on his amijitious and impatient temper, persuaded him, instead of supporting and aggrandising that mo- narchy which he was one day to inherit, to seek present power and independence by disturbing and dismem- bering it. In order to give a pretence for hostilities between the two kin-^s, Richard broke into the terri- tories of Raymond, count of Toidouse, who immedi- ately carried complaints of this violence before the king of Piance as his superior lord. Philip remon- strated witli Henry ; but received for answer, that Richard had confessed to the archbishop of Dublin that his enterprise against Ra>nnond had been under- taken by tlie approbation of Pliilip himself, .and was conducted by liis authority. The Icing of France, wliO CuAr. IX.] HENRY II. 1154— 1 IBS. 121 might bave been covered with shame and confusion liy tliis detection, still prosecuted his design, and in- vaded the provinces of Berri and Auvergno, inider colour of revenging the quarrel of the count of Tou- louse. Henry retaliated by making inroads niion the frontiers of France, and burning Dreux. As this war, which destroyed all hopes of success in the projected crusade, gave great scandal, the two kings lield a con- ference at the accustomed place between Gisors and Trie, in order to find means of accommodating their differences. They separated on worse terms than before: and Philip, to show his disgust, ordered a great elm, under which the conferences had usually been held, to be cut down ; as if he had renounced all desire of ac- commodation, and was detemiincd to caiTy the war to extremities against the king of England. But his own vassals refused to serve under him in so invidious a cause; and he was obliged to come anew to a confer- ence with Henry, and to offer terms of peace. These terms were such as entirely opened the eyes of the king of England, and fully convinced him of the (lerfidy of his son, and his secret alliance with Philip, of which he had before only entertained some suspicion. The king of France reipiired that Richard should be crown- ed king of England in the lifetime of ids fatlier, should be invested in all his transmarine dominions, and should immediately espouse AHce, Philip's sister, to whom he had formerly been affiauced, and who had already been conducted into England. Henry had experienced such fatal effects, both from the crowning of his eldest son, and from that prince's alliance with the royal family of France, that ho rejected these terms ; and Richard, in consequence of his secret agreement with Philip, immediately revolted from him, did homage to the king of France for all the dominions which Henry hold of that crown, and received the in- vestitures as if he had already been the lawful jios- sossor. Several historians assert, that Henry himself had become enamoured of young Alice, and mention this as an additional reason for his refusing these con- ditions: but he liad so many other just and equit- able motives for his conduct, that it is superfluous to asssign a cause, wliich the great prudence and advanced ago of that monarch render somewhat im- probable. Cardinal Albano, the ])ope's legate, displeased with these increasing obstacles to the crusade, excommuni- cated Richard, as the chief spring of discord : but the sentence of excommunication, which, when it was pro- jicrly prepared, and was zealously supported by the clergy, had often great influence in that age, proved entirely ineflectual in the present case. The chief barons of Poictou, Guienne, Normandy, and Anjou, being attached to the young prince, and finding that he h.ad now received tlie investiture from their sui)e- rior lord, declared for him, and made inroads into the territories of such as still adhered to the king. Henry, disquieted by the daily revolts of his mutinous subjects, and dreading still worse effects from their turbulent disposition, had again recourse to papal authority; and engaged the cardinal Anagni, who had succeeded Albano in the legateship, to threaten Philip with Laying an in- terdict on all his dominions. But Philip, who was a prince of great vigour and capacity, despised the me- nace, and told Anagni, that it belonged not to the pope to interpose in the temporal disputes of princes, much less in those between him and his rebellious vassal. He even proceeded so far as to reproach him with partiality, and with receiving bribes from the king of England; while Richard, still more outrageous, offered to draw his sword against the legate, and was hindered by the interpositionalone of the company, from com- mitting violence upon him. The king of England was now obliged to defend his dominions by arms, and to engage in a war with France, and with his eldest sou, a prince of great valour, on such disadvantageous terms. Ferte-Bernard fell fii-st into the hands of the enemy: Mans was next Vol. I. t.aken by assault; and Henry, who had thrown himself into that pl.ace, escaped with some difficulty: Amboise, Cliaumout, and Clurtean de Loire opened their gates on the appearance of Philip and Richard: Tours was menaced ; and the king, who had retired to Saunnir, and had daily instances of the cowardice or infidelity of his governors, expected the most dismal issue to all his enterprises. While he was in this state of despondency, the duke of Burgundy, the earl of Flan- ders, and the archbishop of Rheinis, interposed with their good offices; and the intelligence which he re- ceived of the taking of Touis, and which made liim fully sensible of the desperate situ.ation of his affairs, so subdued his sjiirit that he submitted to all the rigorous terms which were imposed upon him. He agreed that Richard should marry the princess Alice; that that prince should receive the hounige and oath of fealty of all his subjects both in England and his transmarine dominions ; that he himself sliould pay twenty thou- sand marks to the king of France as a compensation for the charges of the war; that his own b.arons should engage to m.ake him observe this treaty by force, and incase of his violating it, sliould ]ironuse to join Philip and Richard against him; and that all his vassals who had entered into confederacy with Richard, should ro ceive an indemnity for the offence. DEATH. JuhjGlh. But the mortification which Henry, who had been accustomed to give the law in most treaties, received from these disadvantageous terms, was the least that ho met with on this occasion. When he demanded a list of those barons to whom he has bound to grant a pardon for their connexions with Richard, he was astonished to find at the head of them the name of his second son, John ; who had always been his favourite, whose interests he had ever anxiously at heart, and who had even, on account of his ascendant over him, often excited the jealousy of Richard. The unhappy father, already overloaded with cares and sorrows, finding his last disappointment in his domestic tenderness, broke out into expressions of the utmost desjiair, cursed the day in which he received his miserable being, and bestowed on his ungrateful and undutiful children s malediction which he never could be prevailed on to i-etract. The more his heart was disposed to friend- ship and affection, the more he resented the barbarous return which his four sons had successively made to his parental care; and this finishing blow, by depriving him of every comfort in life, cpnto broke his spirit, and threw him into a lingering fever, of which he expired at the castle of Cliinon near Saunier. His natural son Geoffrey, wdio alone had behaved dutifully towards him, attended his corpse to the nunnery of Fonter- \Tault ; where it lay in state in the abbey-church. Next day Richard, who came to visit the dead body ot his father, and who, notwithstanding his criminal con- duct, was not wholly destitute of generosity, was struck with horror and remorse at the sight ; and as the at- tendants observed, that at that very instant, blood gushed from the mouth and nostrils of the corpse, he exclaimed, agreeably to a vulgar superstition, that he was his father's murderer ; and he ex])ressed a deep sense, though too late, of that , and married to William, king of Sicily. Henry is said by ancient historians to have been of a very amorous disposition : they mention two of his natural sons by Rosamond, daughter of lord Clifford ; namely, Richard Longesp^e, or Eongsword, (so called from the sword he usually wore,) who was afterwards married to Ela, the daughter and heir of the earl of Salisbury ; and Geoffrey, first bishop of Lincoln, then archbishop of York. All the other circumstances of the story commonly told of that lady seem to be fabulous. CHAPTER X. RICHARD I. The KiiiR's Prcr-lrations f r tlicCrussde Sets out on tlieCnisade Trans- actions in Sicily His Arrival in Palestine State of )>a]csdi'e Disorders in Kngland The Kuig s heroic Actions in Palestine His lieturn from Palestine Captivity in Germany War with France— The Kings Delivery Hemm to Knpland War with France Death and Character of Uie King Miscellaneous Transactions of tl.is Keign. '1"'HE compunction of Richard for his undutiful be- A haviour towards his father was durable, and in- fluenced him in the choice of his ministers and servants after his accession. Those who had seconded and favoured his rebeUion, instead of meeting with that trust and honour which they expected, were surprised to find that they lay under disgrace with the new king, and were on all occasions hated and despised by him. The faithful ministers of Henry, who had \-igorously opposed all the enterprises of his sons, were received with open arms, and were continued in those offices which they had honourably discharged to their former master. This prudent conduct might be the result of reflection : but in a ]irince like Richard, so much guided by passion, and so little by policy, it was com- monly ascribed to a principle still more virtuous and more honourable. Richard, that he might make atonement to one parent for his breach of duty to the other, immedi- ately sent orders for releasing the queen-dowager from the confinement in which she had long been detained ; and he entrusted her with the government of England till his arrival in that kingdom. Mis bounty to his brother John was rather profuse and iiuprudent. Resides bestowing on him the county of Slortaigne in Normandy, granting him a pension of four thousand nuirks a year, and manying him to Avisa,the daughter of the carl of Gloucester, by whom he inherited all the possessions of th.at opulent f\imily, he increased his appanage, wliich the late king had destined him, by other extensive grants and concessions. He conferred on him the whole estate of William reverell, wliich had escheated to the crown : he put him in posse^sieu 121 THE HISTORY OF ENGLAND. [ClIAP. X. of ei^lit castles, with all the forests .-iiul honours an- nexed to them : ho delivered over to him no less than six cai-ldoms, Cornwall, Devon, Somerset, Notting- ham, Dorset, Lancaster, and Derby: and endeavouring by favoui-s to fix that vicious prince in his duty, he put it too much in his power, whenever he pleased, to de- part from it. THE KING'S PREPARATION FOR THE CKUS.\DK. 1189. The king, impelled more by the love of military glory than by superstition, acted, from the beginning of liis reign, as if tlie sole purpose of his government had been the relief of the Holy Land, and the recoveiy of Jerusalem from the Saracens. This zeal against in- fidels being communicated to his subjects, broke out in London on the day of his coronation, and madetliem find a crusade less dangerous, and attained with more immediate profit. The prejudices of the ago had made the lending of money on interest pass by the invidious name of usury : yet tlie necessity of the practice had still continued it, and the greater part of tliat kind of dealing fell everywhere into the hands of the Jews ; wlio, being already infamous on account of their re- ligion, had no honour to lose, and were apt to exercise a profession, odious in itself, by every kind of rigour, nnd even sometimes by rapine and extortion. The in- dustry and frugality of tliis jieople had put them in possession of all the ready money, which the idleness and jirofusion common to the EngUsh with other European nations enabled them to lend at exorbitant and unequal interest. The monkish writers represent it as a great stain on the wise and equitable govern- jnent of Henry, that he had carefully protected this infidel race from all injuries and insults; but the zeal of Richard afforded the populace a pretence for venting tlieir animosity against tliem. Tlie king had issued an edict, prohibiting their appearance at his coronation ; but some of them, brLnging him large pre- sents from their nation, presumed, in confidence of that merit, to approach the hall in wliich he dined : being discovered, they were exposed to the insults of the bystanders; they took to flight; the people pur- sued them ; the rumour was spread, that the king had issued orders to massacre all the Jews ; a command so agreeable was executed in an instant on such as fell into the hands of the populace. Those who had kept at home were exposed to equal danger; the people, moved by rapacity and zeal,broke into their houses, which they plundered, after having murdered the owners; where the Jews barricaded their doors and defended them- selves with vigour, the rabble set fire to the houses, and made way through the flames to exercise their pillage and violence ; the usual licentiousness of Lon- don, wliich the sovereign power with difficulty re- strained, broke out witli fury, and continued these outi-ages ; the houses of the richest citizens, though Christians, were next attacked and jdunderod ; and weariness and satiety at last put an end to the dis- order. Yet, when the king empowered Glauville, the justiciaiy, to inquire into the authors of these crimes, the guilt was found to involve so many of the most considerable citizens, that it was deemed more prudent to drop the prosecution ; and very few suffered the punisliment due to this enormity. But the disorder stopped not at London. The iidiabitants of the other cities of England, hearing of this slaughter of tlie Jews, imitated the example : in York, five hundred of that nation, who had retired into the castle for safety, and found themselves unaljlo to defend the place, murdered their own wives and children, threw the dead bodies over the walls upon the jiopulace, and then setting fire to the houses, jierislied in the flames. The gentry of the neighbourhood, wlio were all indebted to the Jews, ran to the cathedral, where their bonds were kejit, and made a solemn bonfire of the papers before the altar. The compiler of the Annals of Wavcrley, in relating these events, blesses the Almighty for thus de- livering over this impious race to destruction. The ancient situation of ICngland, when the people possessed little riches and the public no credit, made it impossible for sovereigns to bear the expense of a steady or durable war even on their frontiers; much less could they find regular means for the support of distant expeditions like those into Palestine, which weri more the result of popula; frenzy than of sober reason or deliberate policy. Richard, therefore, knew that he must cany with him all the treasure necessary for his enterprise ; rjid that both the remoteness of his own country and its poverty made it unable to furnish him with those continued supplies which the exigencies of so perilous a war must r.ecessarily require. His father had left him a treasure of above a hundred tliousand marks; and the king, negligent of every consideration but his in'<'scnt object, endeavoured to augment this sum by all expedients, how pei-nicious soever to the public, or dangerous to royal authority. lie jiut to sale the revenues and manors of the crown ; the offices of greatest trust and power, even those of forester and sheriff, wdiich anciently were soimportant,* became venal ; the dignity of chief justiciary, in whose hands was lodged the whole execution of the laws, was sold to Hugh de Puzas, bishop of Durham, for a thousand marks ; the same prelate bought the earldom of Northumberland for life ; many of the cliam]iions of the cross, who had repented of their vow, purchased the liberty of violating it ; and Richard, who stood less in need of men than of money, dispensed, on these con- ditions, with their attendance. Elated with the hopes of fame, which in that age attended no wars but those against the infidels, he was blind to every other con- sideration ; and when some of his wiser ministers ob- jected to this dissipation of the revenue and power of the crown, he replied, that he would sell London itself, could he find a purchaser. Nothing indeed could be a stronger proof how negligent he was of all future in- terests in comparison of the crusade, tliau his selling, for so small a sum as 10,000 marks, the vassalage of Scotland, together with the fortresses of Roxburgh and Berwicic, the greatest acquisition that had been made by his father during the course of his victorious reign; and his .accepting the homage of William in the usual terms, merely for the territories wliich that prince held in England. The English, of all ranks and stations, were oppressed by numerous exactions : menaces were employed, both against the innocent and the guilty, in order to extort money from them ; and where a pretence was wanting ag.ainst the rich, the king obliged them, by the fear of liis displeasure, to leud him sums which, he knew, it would never be in his power to repay. But Richard, though he sacrificed every interest and consideration to the success of this pious enterjirise, carried so little the appearance of sanctity in his con- duct, that Fulk, curate of Neuilly, a ze.alous jireacher of the' crusade, who from that merit had acquired the privilege of speaking the boldest truths, advised him to rid himself of his notorious vices, particularly his pride, avarice, and voluptuousness, which he called the king's three favourite daugh.ters. You counsel ■ivell, replied Richard ; and I hereby dispose of the first to tlie Templars, of the second to the Jienediclmes, andofthc third to my prelates. Richard, jealous of attempts which might be made on Kugland during his .absence, laid prince John, .as well as his natural brother Geoffrey, an-hbishoj) of York, under engagements, confirmed by their oaths, that neither of them should enter the kingdom till his return ; though he thought proper, before his depar- ture, to withdraw this prohibition. The administration w.as left in the hands cf Hugh, bishoji of Di'rham, and of Longchamp, bishop of Ely, wlioni he aiijiointed • Tile sheriff had anciently both the administration of iustice ana iho management of the king's revenue coniinittetj to liiai in the county. Stf? HALE, •* of Sheriff's Account.' Chap. X.j RICHARD I. 1189—1199. 125 juBtici.iries .iiul guardians of tlie realm. Tlie latter was a Frcncliinaii of mean birth, and of a violent character ; who by art and address had insinn.atcd himself into favour, wlioni Richard had created cliaii- cellor, and whom he liad engaged the pope also to in- vest with the legantine authority, that, by centriuf; every kind of power in liis person,- he might the better ensure the public tr.anquillity. All the military and turbulent spirits Hocked about the person of the king, and were inijiatient to distinguish themselves against the infidels in Asia ; whither his inclinations, his en- gagements led him, and whither lie was impelled by messages from the king of France, ready to embark in this enterprise. The emperor Frederic, a prince of great spirit and conduct, had already taken the road to Palestine at the head of 150,000 men, collected from Germany and all the northern states. Having surmounted every ob- stacle thrown in his way by the artifices of the Greeks and the power of the infidels, he had penetrated to the borders of Syria ; when bathing iu the cold river Cydnns during the greatest heat of the summer sea- son, he was seized with a mortal distemper, which put an end to his life and his rash enterprise. His army, under the command of his son Conrade, reached Ta- lestine ; but was so diminished by fatigue, famine, maladies, and the sword, that it scarcely amounted to eight thousand men ; and was unable to make any progress against the great power, valour, and conduct of Saladin. These reiterated calamities attenduig the crusades had taught the kings of Franco and England the necessity of trying another road to the Holy Land ; and they determined to conduct their armies thither by sea, to carry provisions along with them, and, by means of their naval power, to maintain an open communication with their own states and with the western parts of Europe. The place of rendezvous was appointed [June 29, 1190] in the plains of Vc- zelay on the borders of Burgundy: rhilipand Richard, on their arrival tliere, found their combined army amount to 100,000 men ; a mighty force, animated with gloi y and religion, conducted by two warhke monarchs, l)rovidcd with cverytliing which their several domi- nions could su])ply, and not to bo overcome but by their own misconduct, or by tlie unsurmountable ob- stacles of nature. THE KING SETS OUT ON THE CRUSADE. The French prince and the English here reiterated their promises of cordial friendship, pledged their faith not to invade each otlier's dominions during the cru- sade, mutually exchanged the oaths of all their barons anil prelates to the? same effect, and subjected them- selves to the penalty of interdicts and excommunica- tions, if they should ever violate tliis public and solemn engagement. They then separated ; Philip took the road to Genoa, Richard that to Marseilles, with a view of meeting their fleets, which were severally apjjointed to rendezvous in these harbours. They put to sea ; and, neiirly about the same time, (14tli September,) were obligeil by stress of weather, to take shelter in Me-sina, where they were detained during the whole winter. This incident laid the foundation of animosi- ties which proved fatal to their enterprise. Richard and Philip were, by the situation and extent of their dominions, rivals in power ; by their age and inclinations, competitors for glory ; and these causes of emulation which, bad the princes been employed in the field against the common enemy, might have stimu- lated them to martial enterprises, .soon excited, during the present leisure and repose, quarrels between mo- narchs of such a fiery character. Equally haughty, ambitious, intrepid, and inflexible, they were irritated with the le.ist appearanceof injury, and were incapable, by mutual condescensions, to efface those causes of cemiilnint which unavoidably arose lietwecn them. Ri<:hard, candid, sincere, undesiguing, impolitic, vio- lent, laid himself open on every occasion to the de- signs of liis antagonist ; who, ])rovident, interested, intriguing, failed not to take all .advantages against him: and thus, both tlie circumstances of their dispo- sition in which they were similar, and those in which t.'iey difl'ered, rendered it impossible for them to per- severe in that h.armony which was so necessary to the sue cess of their uudcrtalcing. TRANSACTIONS IN SICILY. 1100. The last king of Sicily and Naples was WiUi.am II., who had married Joan, sister to Richard, and who, dying without issue, had bequeathed his dominions to his paternal aunt, Const.anti.a, the only legitinuite de- scendant surviving of Roger, the first sovereign of those states who had been honoured with the royal title. This princess had, in expectation of that rich inheritance, been m.irried to Henry YI., flie reigning emperor ; but Tancred, her natural brother, had fixed such an interest among the barons, tlKit, taking advan- tage of Henry's absence, be had acquired possetsiun of the throne, and maiutained his claim, by force of arms, ag.ainst all the cflbrts of the Germans. The approach of the crusaders naturally gave him apprehensions for his unstable government ; and he was uncertain whether he had most reason to dread the presence of the French or of the English monarch. Philip wa.s engaged in ,a strict alliance with the emperor, his coni- ]ietitor; Richard was disgusted by liis rigours towards the queen-dowager, whom the Sicilian prince bad con- fined in Palenno, because she had opposed with all her interest his succession to the crown. Tancred, there- fore, sensible of the present necessity, resolved to i)ay court to both these formidable princes ; and he was not unsuccessful in his endeavours. lie persuaded Philiji that it was highly improper for liim to interrupt hia enterprise against the infidels by any attempt ag;iinst a Christian state : lie restored queen Joan to lier liberty ; and even found means to make an alliance with Richard, who stipulated by treaty to marry his nephew, Artliur, the young duke of Eritanuy, to one of the daughters of Tancred. But before these terms of friendshij) were settled, Richard, jealous both of Tancred and of the inhabitants of Jlessina, had taken up his quarters in the siiburlis, and had possessed him- self of a small fort, which commanded the harbour ; and he kept himself extremely on his guard against their cuterprises. The citizens took umbr.age. Mutual insults and att.aeks passed between them and the English. Philip, who had quartered his troops in the town, (3rd October,) endeavoured to>aceommodate the quarrel, and held a conference ^^ith Richard for that purpose. While the two kings, meeting in tlie open fields, (4th October,) were engaged in discourse on this subject, a body of those Sicilians seemed to be drawing towards them ; and Richard pushed forwards, in order to inquire into the reason of this extraordinary move- ment. The English, insolent from their power, and inflamed with former animosities, wanted but a pre- tence for attacking the Messinese : they soon chased them oft" the field, drove them inio the town, and entered with them at the gates. The king employed his authority to restrain them fioni pillaging and nuis- siicringthe defenceless inhabitants; but he gave orders in token of his victory, that the standard of England should be erected on the walls. Pliilip, who considered that place as his quarters, exclaimed against the insult, and ordered some of his troops to pull down the stand- ard : but Richard informed him by a messenger, that, though he himself would willingly remove that ground of oft'ence, he would not permit it to be done by others; and if the French king attempted such an in- sult upon him, he should not succeed but by the utmost efl'usion of blood. Philip, content with this species of haughty submission, recalled his orders: the difference was seemingly accommodated ; but still left the rt> 126 THE HISTORY OF ENGLAND [Chap. X. mouis of rancour nud jealousy in the breasts of the two monarchs. Tancred, who, lor his owu seciuity, de- sired to inflame their mutual hatred, employed au artifice which might lia>e hem attended witli conse- quences still more fatal. He showed liiehard a letter, signed, by tlie French king, and delivered to him, as he pretended, by the duke of Burjiinidy, in wliich that monarch desired Tancred to fall upon the quarters of the English, and promised to assist him in putting them to the sword, as common enemies. The uuwarv Ifichard gave credit to the information; but was too candid not to betray his discontent to I'liilip, who ab- solutely denied the letter, and charged the Sicilian prince with forgery and falsehood. liiehard cither was, or pretended to be, entirely satisfied. Lest these jealousies and complaints should multiply between them, it was proposed that they should, by a solemn treaty, ob\-iate all future differences, and adjust ever>- j)oiut that could possibly hereafter become a con- troversy between them. But this expedient started a new dispute, which might have proved more dangerous than any of the foregoiug, and which deeply concerned the honour of Philip's family. AYhen Richard, in every treaty with the late king, insisted so strenuously on being allowed to many Alice of France, he had only sought a pretence for quarreUing; and never meant to take to his bed a princess suspected of a criminal amour with his own father. After he became master, he no longer spoke of that alliance; he even took mea- sures for espousing Berengaria, daughter of Sanchez, king of Navarre, with whom he had become ena- moured during his abode in Guienne; Queen Eleanor was daily expected with that princess at Jlessina: and v/hen Philip renewed to him his applications for es- pousing his sister Alice, Richard was obliged to give him an absolute refusal. It is pretended by Hoveden, and other historians, that he was able to produce sucli con«ncing proofs of Alice's infidelity, and even of her ha\-ing borne a child to Henry, that hor brother de- sisted from his applications, and cliose to wrap up the dishonour of his family in silence and oblinon. It is certain, from the treaty itself, which remains, that, ■whatever were his motives, he permitted Richard to give his hand to Berengaria; and ha\ing settled all other controversies with that prince, ho immediately set sail for the Holy l^and. Richard awaited some time the arrival of liis mother and bride ; and when they joined him, he separated his fleet into two squad- rons, and set forward on his enterprise. Queen Eleanor returned to England; but Berengaria, and the queen dowager of Sicily, Ids sister, attended him on the ex- pedition. The English fleet, on leaWng the port of Blessina, met with a furious tempest ; and the squadron on which the two princesses were embarked, was driven on the coast of Cyprus, (12th April,) and some of the vessels were wrecked near Limisso, in that island. Isaac, prince of Cyprus, who assumed the magnificent title of emperor, pillaged the ships that were stranded, threw the seamen and passengers into prison, and even refused to the princesses Uberty, in their dangerous situation, of entering the harbour of Limisso. But Richard, who arrived soon a."ter, took ample venge- ance on him for the injury. lie disembarked his troops; defeated the tyrant, who opposed his landing; entered Limisso by storm ; gained next d.iy a second victory ; obliged Isa;vc to surrender at discretion ; and estabhshed governors over the island. The Greek prince, being thrown into prison and loaded with irons, complained of the little regard with which he was treated : upon wliich Richard ordered silver fetters to be made for him ; and tlds emi)eror, pleased with the distinction, expressed a sense of the gene- rosity of his conipieror. The kbig liere esjioused Berengaria, (12th of May,) wlio, immediately embark- ing, carried along with her to Palestine the daughter of the Cypriot prince ; a dangerous rival, who was believed to L:ive seduced the affecfons of her husband. Such were the libertine character and conduct of the heroes engaged in this pious enterprise! THE KING'S ARRIVAL IN PALESTINE. The English army arrived in time to pai'take in the gloiy of the siege of Acre, or Ptolemais, which had been attacked for above two years by the united force of all the Christians in Palestine, and had been de- fended by the utmost efforts of Saladin and the Sara- cens. Tlie rernams of the German army, conducted by the emperor Frederic, and the separate bodies of adventurers i\ho continually poured in from the "West, had enabled the king of Jerusalem to form this im- portant enterprise: but Saladin, having thrown a strong garrison into the place, under the command of Caracos, his own master in the art of war, and molest- ing the besiegers with continual attacks and sallies, had protracted the success of the enterprise, ar.d wasted the force of his enemies. The arrival of Philip and Richard inspired new life into the Christians; and these princes, acting by concert, and sliaring tlie ho- nour and danger of every action, gave hopes of a final victory over the infidels. They agreed on this plan of operations— when the French monarch attacked the town, the English guarded the trenches: next day, when the English prince conducted the assault, the French succeeded him in providing for the safi.-ty ol the assailants. The emulation between those rival kings and rival nations produced extraordinary acts of valour: Richard in particular, animated with a more precipitate courage than Philip, and more agreeable to the romantic spirit of that age, drew to liimself the general attention, and acquired a great and splendid reputation. But this harmony w.is of short duration; and occasions of discord soon arose between these jealous and hauglity princes. STATE OP PALESTINE. The family of Bouillon, which had fiist been placed on the throne of Jerusalem, ending in a female, Fnll>, count of Aiijou, grandfather to Henry II. of England, married the heiress of that kingdom, and transmitted his title to the younger branches of his family. The Anjevin race ending also in a female,Guy de Lusignau, by espousing Sibylla, the heiress, had succeeded to the title; and though he lost his kingdom by the invasion of Saladin, he was still acknowledged by all the Christians for king of Jerusalem. But as Sibylla died without issue during the siege of Acre, Isabella, her younger sister, put in her claim to that titular kingdom, and required Lusignan to resign his pretensions to her husband, Coni'ade, marquis of Montferrat. Lusignau, maintaining that the royal title was unalienable and indefeisible, had recourse to the protection of Richard, attended on him before he left Cyprus, and engaged him to embrace his cause. There needed no otiu'r reason for throwing Philip into the party of Conrade; and tlie opposite views of these great monarchs brought faction and dissension into the Christian army, and re- tarded all its operations. The Templars, the Genoese, and the Germans declared for PhQip and Conrade: the Flemings, the Pisans, the knights of the hospital of St. John adhered to Richard and Lusignan. But not- withstanding these disputes, as the length of the siego had reduced the Saracen garrison to the hist extremity, they surrendered themselves prisoners; (12th July;) stipulated, in return for their lives, other advantages to the Christiaus, such as the restoring of the Chiistiau prisoners, and the delivery of the wood of the true cross;* and this great enterprise, which had long en- gaged the attention of all Europe and Asia, was at last, after the loss of .^00,000 men, brought to a happy period. • This true cross was Inst in the battle of Tibcriade, to which it haa been carried by the ciiisadcrs for their protection. UittoM, an aolhor of that r^c fays, that after tliis dismal event, allthechildicn who were Uotti t'lrnuir'iont all Christendom had onlv twenty or twcniy-tvvo teeth, instead of thirty or tliirty-twu, tvhieh was their former complement. 1*. 14. Chap. X.] RICHARD I. 1189—1199 U1 But Philip, instead of pursuing tlie hopes of furtlier conquest, and of redeeming the holy city from slavery, being disgusted with the ascendant assumed and ac- quired by Ilicliard, and having views of many advan- tages wliicli he might reap by his presence in Europe, declared his resolution of returning to France; and lie l)Ieaded his bad state of health as an excuse for his de- sertion of the common cause, lie left, however, to Ilicliard, ten thousand of his troops, under the com- mand of the duke of Kurgundy; and he renewed Ills oath never to commence hostilities against that jirince's dominions during his absence. But he had no sooner reached Italy than he applied. It is pretended, to pope Celestine III. for a dispensation from this vow; and when denied that request, lie still proceeded, though after a covert manner, in a project which the present situation of England rendered inviting, and which gratified, in an emineut degree, both liis resentment and his ambition. DISORDERS IN ENGLAND. 1191. Immediately after Richard had left England, and begun his maieh to the Holy Land, the two prelates, whom he had appoiutcd guardians of the realm, broke out into animosities against each other, and tlirew the kingdom into combustion. Longchamp, presumptu- ous in his nature, elated by the favour which ho en- joyed with his master, and armed with the legantine commission, could not submit to an equality with the bishop of Durham: he even went so far as to arrest his colleague, and to extort from him a resignation of the earldom of Northumberland, and of liis other dignities, as the price of his liberty. The king, informed of these dissensions, ordered, by letters from Marseilles, that the bishop should be reinstated in his offices; but Long- champ had still the boldness to refuse compliance, on pretence that he himself was better acquainted with the king's secret intentions. He proceeded to govern the kingdom by his sole authority; to treat all the no- bility with arrogance ; and to display his power and liclics with an invidious ostentation. lie never travel- led without a strong guard of fifteen hundred foreign soldiers, collected from that licentious tribe with which the age was generally infested : nobles and kniglits were proud of being admitted Into his train : his reti- nue wore the aspect of royal magnificence; and when, in his progress through the Icingdom, he lodged in any monastery, his attendants, it is said, were sufficient to devour, in one night, the revenue of several years. The Icing, who was detained in Europe longer than the liaughty prelate expected, hearing of this ostentation, which exceeded even what the habits of that age in- dulged in ecclesiastics, being also informed of the inso- lent, tyrannical conduct of his minister, thought proper to restrain his power : he sent new orders, appointing Walter, arclibishop of RoUcn, William JIareshal, earl of Slrigul, Geoftrey Fitz-Petcr, William Brii.were, and Hugh Bardolf, counsellors to Longchamp, and com- manding him to take no measure of importance ^vitliout their concurrence aud approbation. But such general terror had this man impressed by his violent conduct, that even the archbishop of Rouen and the earl of Stri- gul durst not produce this mandate of the king's ; and Longchamp still maintained an uncontrolled authority over the nation. But when he proceeded so far as to throw into prison Geoffrey, archbishop of York, who had opposed his measures, tills breach of ecclesiastical privileges excited such an universal ferment, that prince John, disgusted with the small share he pos- sessed in the government, and personally disobliged by Longchamp, ventured to summon, at Reading, a gene- ral council of the nobility and prelates, and cite him to ippear before tliem. Longchamp thought it dangerous to entrust his person in their hands, and he shut him- Belf up in the Tower of London ; but being soon obliged to surrender that fortress, he fled beyond sea, conceal- ed under a female habit, and was deprived of his offices of chancellor and cliiet justiciary ; the hist of which was conferred on the archbishop of Roiicn, a prelate of jirudcnce and moderation. The commission of legato, however, which had been renewed to liOngchamp by pope Celestine, still gave him, notwithstanding his absence, great authority in the kingdom, enabled him to disturb the government, and forwarded the views of Philip, who watched every opportunity of annoying Kioliard's dominions. That monarch first attempted [1192] to carry open war into Normandy; but as the French nobility refused to follow him in an invasion of a state wliieh they had sworn to protect, and as the pope, who was the general guardian of all ])rinces that had taken the cross, threatened him with ecclesias- tical censures, he desisted from his enterprise, and em- ployed against England the expedient of secret policy and intrigue. He debauched prince .lohn from his al- legiance ; promised him liis sister Alice in marriage ; offered to give him possession of all lilchard's trans- marine dominions; and had not the authority of queen Eleanor, and the menaces of the English council, pre- vailed over the inclinations of that turbulent prince, he was ready to have crossed the seas, and to have put in e.\ecution his criminal enterprises. THE KING'S HEROIC ACTIONS IN PALESTINE. 1192. The jealousy of Philip was every moment excited by the glory which the great actions of Richard were gain- ing him in the East, and which, being compared to his own desertion of that popular cause, threw a double lustre ou liis rival. His en^-y, therefore, prompted him to obscure that fame which he had not equalled; and he embraced every pretence of throwing the most violent and most improbable calumnies on the king of England. There was a petty prince in Asia, commonly called The old man of the monnlain, who had acquired such an ascendant over his fanatical subjects, that they paid the most implicit deference to his commands ; esteemed assassination meritorious, when sanctified by his mandate ; courted danger, and even certain death, iu the execution of his orders ; and fancied, that when they sacrificed their lives for his sake, the highest joys of paradise were the infalUble reward of their devoted obedience. It was the custom of this prince, when he imagined himself injured, to dispatch secretly some of his subjects against the aggressor, to charge tlicni with the execution of his revenge, to instruct them in every art of disguising their purpose; and no precaution was sufficient to guard any man, however powerful, against the attempts of those subtle and determined ruffians. The gi-eatest monarch stood in awe of this prince of the Assassins, (for that was the name of this people ; whence the word has passed into most European Ian- guages,) and it was the highest indiscretion in Conrade, marquis of Montferrat, to offend and affront him. The inhabitants of Tjne, who were governed by that noble- man, had put to death some of this dangerous people; the prince demanded satisfaction ; for, as he piqued himself on never beginning any oftence, he had his regular and estabUshed formalities in requiring atone- ment : Conrade treated his messengers with disdain: the prince issued the fatal ordere : two of his subjects, who had insinuated themselves iu disguise among Con- rade's guards, openly, in the streets of Sidon, wounded him mortally; and when they were seized and put to the most cruel tortures, they triumphed amidst their agonies, aud rejoiced that they had been destined by lleaven to suffer in so just and meritorious a cause. Every one in Palestine knew from what hand the blow came, Richard was entirely free from suspicion. Though that monarch had formerly maintained the cause of Lusignan against Conrade, he liiid become sensible of the bad effects attending those dissensions, and had voluntarily conferred on the former the king- dom of Cyprus, on condition that ho should resign t-o his rival all pretensions to the crown of Jenisaleui. (28 THE IIISTOKY OF ENGLAND. [Chap. M Conrado himsolf, with his dying breath, liad rccom- nipnded his widow to the i>iotcction of Bicliaid ; the prince of the Assa-ssins avowed the action in a formal narrative wliidi lie sent to luirojie; yet on this founda- tion the king of France thought fit to build tlie most egregious calumnies, and to impute to Itichard the murder of the uuirquis of Montferrat, whose elevation he had once openly opposed. He filled all Europe with exclamations against the crime ; appointed a guard for liis own person, ill order to defend himself against a like attempt ; and endeavoured, by these shallow arti- fices, to cover the infamy of attacking the dominions of a prince whom he himself had deserted, and who was engaged with so mueli glory in a war universally acknowledged to be the common cause of Christendom. But Richard's heroic actions in Palestine were the best apology for his conduct. The Christian adven- turers under his command determined, on opening the campaign, to attemjit the siege of Ascalon, in order to jirepare the way for that of Jerusalem ; and they marched along the sea-coast with that intention. Sa- ludine purposed to intercept their passage; and lie jilaced himself on the road with an army amounting to 300,000 combatants. On tliis occasion was fought one of the greatest liattles of that age ; aud the most cele- brated for the military genius of the commanders, for the number and valour of the troops, aud for the great variety of events which attended it. Both the right wing of the Christians, commanded by d'Avesnes: and the left, conducted by the duke of Burgundy, were, in the beginning of the day, broken and defeated ; when Richard, who led on the main body, restored the battle ; attacked the enemy with intrepidity and pre- sence of mind ; performed the part both of a consum- mate general and gallant soldier ; and not only gave his two wings leisure to recover from their confusion, but obtained a complete victory over the Saracens, of wliom forty thousand are saiil to have perished in the field. Ascalon soon after fell into the hands of the Christians : other sieges were carried on witli equal success : Richard was even able to advance within sight of Jerusalem, the object of his enterprise ; wlien he had the mortification to find, that he must abandon all hopes of immediate success, and must put a sto]) to his career of victory. The crusaders, animated with an enthusiastic ardour for the lioly wars, broke at first through all regards to safety or interest in the prosecution of their purpose ; and, trusting to the im- mediate assistance of Heaven, set nothing before their eyes but fame and victory in this world, and a crown of gloiy in the ne.xt. But long absence from home, fatigue, disease, want, and tlie variety of incidents which naturally attend war, had gradually abated that fury, which notliing was able directly to withstand ; aud every one, except the king of England, expressed a desire of speedily returning into Europe. The Ger- mans and the Italians declared their resolution of de- sisting from the enterprise : the French were still more obstinate in this purpose : the duke of Burgundy, in order to pay court to Philip, took all opportunities of mortifying and opposing Richard : and there ap- peared an absolute necessity of abandoning for the present all hopes of further conquest, and of securing the acquisitions of the Christians by an accommodation witji Saladin. Richard, therefore, concluded a truce with that monarch, and stipulated that Acre, Jopjia, and other seaport towns of Palestine, should remain in tiie liands of the Cliristians, and that every one of that religion should have liberty to perform his pil- grimage to Jerusalem unmolested. This truce was concluded for three years, three months, three weeks, three days, and three hours ; a magical number, which had probably been devised by the I'Zuropeans, and which was suggested by a superstition well suited to [he object of the war. The liberty in which Saladin indulged the Christians to perform tlieir jiilgrimagcs to Jerusak'm was an easy sncrifice on liib part j and the furious wars wliich he waged in defence of the barren territory of Judca, were not with him, a-s with the European adveuturefs, the result of superstition, but of policy. Tlie advan- tage indeed of science, moderation, humanity, was at that time entirely on the side of the Saracens; and this gallant emperor, in particular, displayed, during the course of the war, a spirit and generosity, wliicli even his bigoted enemies were obliged to acknowledge and admire. Richard, equally martial and brave, carried with hini more of the- barbarian character ; and was guilty of acts of ferocity which threw a stain on his celebrated victories. When yaladin refused to ratify the cajiitulation of Acre, the king of England ordered all his ])risoners, to the number of five thou- saud, to be butchered ; and the Saracens found them- selves obliged to retaliate upon the Christians by a like cruelty. Saladin died at Damascus soon after concluding this trnce with the princes of the enisade: it is memorable, that before he expired, he ordered his winding-sheet to be carried as a standard through every street of the city ; while a crier went before, and proclaimed with a loud voice. This is all lltal rcrnains to the miijhly Saludiiij the conqueror of the East. By his hi«t will he ordered charities to be distributed to the poor, without distinction of Jew, Christian, or JIahometau. TUE KING'S RETURN FROM PALESTINE, There remained after the truce no business of ira- jiortance to detain Richard in Palestine ; and the in- telligence which he received concerning the intrigues of his brother John, and those of the king of France, made him sensible that liis presence was necessai'y in Europe. As he dared not to pass tlirough Frauce, ho sailed to the Adriatic ; and being shipwrecked near Aquileia, he put on the disguise of a pilgrim, with a jmrpose of taking his journey secretly through Ger- many. Pursued by the governor of Istria, ho was forced out of the direct road to England, and was obliged to ]iass by Vienna ; where his expenses and hberalities betrayed the monarch in the habit of the pilgrim ; and he was arrested (20tli December) by orders of Leo])old, duke of Austria. The prince had served under Richard at the siege of Acre ; but bcinjj disgusted by some insult of that haughty monarch, he was so ungenerous as to seize the present ojiportunity [1193] of gratifying at once his avarice and revenge ; and he threw the king into prison. The emperor, Henry VI., who also considered Richard as an enemy, on account of the alliance contracted by him with Tancred, king of Sicily, dispatched messengers to tlic duke of Austria, required the royal captive to be de- livered to him, and stipulated a large sum of money as a reward for this service. Thus the king of England, who had filled the whole world with his renown, found himself, during the most critical state of his aftiurs, confined in a dungeon, and loaded with irons, in the heart af Germany, aud entirely at the mercy of hia enemies, the basest and most sordid of mankind. The English council was astonished on receiving this fatal intelligence ; and foresaw all the dangerous con- sequences which might naturally arise from that event. The queen-dowager wrote reiterated letters to jiope Celestine, exclaiming against the injury which her sou had sustained ; representing the impiety of detaining in prison the most illustrious prince that had yet carried the banners of Christ into the Holy Land; claiming the protection of the apostolic see, which was due even to the meanest of those adventurers; and upbraiding the pope, that, in a cause where justice, religion, and the dignity of the church, were so much concerned, a cause which it might well befit his holiness himself to support by taking in person a journey to Germany, the spiritual thunders should so long be suspended over those sacrilegious oft'enders. The zeal of Celestine corresponded not to the impa- tience of the queen-mother ; and the regency of Eug- Hi: =i»id lai •':n:cr',T'i;Ajj.-irt) n tiiir. X.] RICHARD I 1189—1199. 130 laud wore, for a loiifj time, left to struggle alouc with all thfir domestic aud Ibreign enemies. WAR WITH FRANCE. The king of France, quickly informed of Richard's confinement by a message from tlie emperor, i)r<'i)ared himself to take advantage of tlie" incident ; and lie employed every means of force and intrigue, of war and negociation, against the dominions and the per- son of his unfortunate rival. He revived the cahunny of Richard's assassinating the martiuis of Montferi-at; and by tluit absurd pretence he induced his barons to violate their oaths, by wliicli they liad engaged that, during the crusade, thoy never would, on any account, attack tlie dominions of the king of F.ngland. lie made the emperor tlie hirgest offers, if he would de- liver into his hands the royal prisoner, or at least detain him in i)crpetual captivity : he even formed an alliance by mari'iagc with t!ie king of Denmarl<, de- sired that tlie ancient Danisli daiiu to the crown of England sliould l)e transferred to him, and solicited a supply ot sliipping to maintain it. But the most suc- cessful of Piiilip's negociations was with prince John, who, forgetting every tie to his brother,liis sovereign, and his benefactor, thought of nothing but liow to make his own advantage of the public calamities. Tliat traitor, on tlie first invitation from tlie court of France, suddenly went abroad, liad a conference witli I'hilip, and made a treaty, of which the object was the perjietual ruin of his iinluippy brother. He stijuilated to deliver into Piiilip's hands a great part of Normandy ; he received, in return, the investiture of all Richard's transmarine dominions; and it is reported by several historians, that he even did homage to the French king for the crown of England. In consequence of this treaty, Philip invaded Nor- mandy ; aud by the treachery of John's emissaries, made himself master, without opposition, of many fortresses, Neufchatel, Neaufle, Gisors, Pacey, Ivree: ho subdued the counties of Eu and Aumale ; and ad- vancing to form the siege ot Roiien, ho threatened to put all the inhabitants to the sword if they dared to make resistance. Happily, Robert, earl of Leicester, ajiiieared in that critical moment ; a gallant nobleman, who had acquired great honour during the crusade, and who, being more fortunate than his master in finding his passage homewards, took on him tlie com- mand in Roiien, and exerted himself, by his exhorta- tions and example, to infuse courage into the dismayed Normans. Philip was repulsed in every attack; the time of service from his vassals expired ; and he con- sented to a truce with the English regency, received in return the jiromise of 20,000 marks, and had four castles put into his hand.s, as srcurity tor the payment. Prince John, who, with a view of increasing the general confusion, went over to England, was still less successful ill his enterprises. He was only able to make himself master of the castles of Windsor and Walliugford; but when he arrived in London, and claimed the kingdom .as heir to his brother, of whose death he pretended to have received certain intelli- gence, he was rejected by all the barons, and measures were taken to oppose and subdue him. The justicia- ries, supported by the general affection of the people, provided so well for the defence of the kingdom, that John was obhged, after some fruitless efforts, to con- elude a truce with them ; and before its expiration, he thought it prudent to return to France, where he openly avowed his alliance with Philip. Meanwhile the high spirit of Richard suffered in Germany every kind of insult and indignity. The French ambassadors, in theirmaster'j name, renounced him as a vassal to the crown of France, and de- clared aU his fiefs to be forfeited to his liege lord. Tiie emperor, that he might render him more impatient for the recovery of his liberty, and make hmi submit to Uie payment of a larger ransom, treated luin witli the Vl'L. 1. greatest severity, and reduced him to a condition woiso than that of the mcane.'it malefiictor. He was evea j)roduced before the diet of the empire at Worms, and accused by Henry of many crimes and misdemeanours : of inaking an alliance with Tancred, the usurper of Sicily ; of turning the arms of the crusade against a Christian prince, and subduing Cyprus; of affrontin;' the duke of Austiia before Acre ; of obstructing the progress of the Christian arms by his quarrels with the king of France ; of assassinating Conrade, marquis of Slontferrat; and of concluding a truce with Saladin, and leaving Jerusalem in the hands of the Saraceu enqieror. Richard, whose spirit was not broken by his misfortunes, and whoso genius was rather roused by these frivolous or scandalous imputations ; after lircmising th.at his dignity exempted him from answer- ing before any jurisdiction, except that of Heaven ; yet condescended, for the sake of his reputation, to justify his conduct before that great' assembly. ID; observed, that he had no hand in Tancred's elevation, and only concluded a treaty with a prince whom ho found in possession of the throne : that the king, or rather tyrant of Cyprus, had provoked his indignation by the most ungenerous and uiijnst proceedings; and though ho chastised this aggressor, he had not re- tardeil a moment the progress of his chief enterprise : that if he had at any time been wanting in civility to the duke of Austria, he had already been suflioiently punished for that sally of passion ; and it better be- came, men, embarked together in so holy a cause, to forgive each other's infirmities, than to pursue a slight ofl'ence with such unrelenting vengeance : that it had sufliciently appeared by the event, whether tlie king of France or he were most zealous for the conquest of the Holy Land, and were most likely to sacrifice privaie passions and animosities to that great object: that if the whole tenor of his life had not shown him incapa- ble of a base assassination, and justified him from that iiiqiutation in the eyes of Ills very enemies, it was in vain forjiini, at present, to make his apolog}', or plead the maify irrefragalile arguments which he could pro- duce ill his own favour : and that, however he might regret the necessity, he was so far from being ashamed of his truce with Saladin, that he rather gloried in that event ; and thought it extremely honourable, that, though abandoned by all the world, supported only by his own courage, and by the small remains of his national troops, he could yet obtain such conditions from the most powerful and most warlilce emperor that the East had ever yet produced. Richard, after thus deigning to apologize for his conduct, burst out into indignation at the cruel treatment which he had met with : that he, the champion of the cross, still wearing that honourable badge, should, after expending the blood and treasure of his subjects in the common cause of Christendom, be intercejited by Christian princes in his return to his own country, be thrown into a dun- geon, be loaded with irons, be obliged to jdead his cause, as if he were a subject and a malefactor ; and, what he still more regretted, be thereby prevented from making preparations for a new crusade, which ho had projected, after the expiration of the truce, and from redeeming the .seiuilchre of Christ, which had so long been profaned by the dominion of infidels. The spirit and eloquence of Richard made such impression on the German princes, that they exclaimed loudlj ag-ainst the conduct of the emperor; the pope threat- ened him withexcommunication; and Henry, who had hearkened to the proposals of the king of Fiance and prince .lohii, found that it would be impracticable for him to execute his and their base purposes, or to de- tain the king of England any longer in captivity. Ho therefore concluded with him a treaty for his ransom, and agreed to restoi'e him to liis freedom for the sum of 150,000 marks, about 300,000 pounds of our present money ; of which 100,000 marks were to be paid be- fore iie received his liberty, and sixty-seven hostages delivered for the remainder. The emperor, aa if to 8 130 THE HISTORY OF ENGLAND. [Chip. X. gloss ovt-r the infamy of this transaction, made at the same time a present to Kichard of the Ivingdoni of Aries, comprehending Provence, Daupliiny, Nar- boime, and other states, over wliich the empire liad some antiquated claims; a present which the lung very wisely neglected. The captivity of the superior lord was one of the cases pro\'ided for by the feudal tenures ; and all the vassals were in that event obliged to give an aid for his ran- som. Twenty shillings were therefore levied on each knight's fee in England ; but as this money came in slowly, and was not sufficient for the intended pur- pose, the voluntary zeal of the people readily sup- plied the deficiency. The churches and monasteries melted down their plate, to the amount of 30,000 marks ; the bishops, abbots, and nobles paid a fourth of their yearly rent ; the parochial clergy contributed a tenth of their tithes : and the requisite sum being thus col- lected, queen Eleanor, and Walter, archbishop of Rouen, set out (4th February, 1194) with it for Ger- many; paid the money to the emperor and the duke of Austria at Jleutz ; deHvered them hostages for the remainder ; and freed Richard from captivity. His escape was very critical. Henry had been de- tected in the assassination of the bishop of Liege, and in an attempt of a like nature on the duke of Louvaine ; and finding himself extremely obnoxious to the German princes on account of these odious practices, he liad determined to seek support from an alhance with the Icing of France ; to detain Ki- chard, the enemy of that prince, in perpetual capti- vity ; to keep in his hands the money which he had already received for his ransom ; and to extort fresh suras i'rora Philip and prince John, who were very liberal in their offers to him. He therefore gave orders that Richard should bo pursued and arrested ; but the king, making all imaginable haste, had already em- barked at the mouth of the Schelde, and w^as out of sight of land when the messengers of the emperor reached Antwei-p. THE KINGS RETURN TO ENGLAND, March 20. The joy of the English was extreme on the ap- pearance of their monarch, who had suffered so many calamities, who had acquii-ed so much glory, and who had spread the reputation of their name into the fvirthest East, wliither their fame had never before been able to extend. He gave them, soon after his arrival, an opportunity of publicly displaying their ex- ultation, by ordering himself to be crowned anew at Winchester ; as if he intended by that ceremony to i-einstate liimself in his throne, and to wipe off the i"-nominy of his captivity. Their satisfaction was not damped, even when he declared his purpose of resum- ing all those exorbitant gi-ants, which he had been ne- cessitated to make before his departure for the Holy Land. The barons, also, in a great council, confiscated, on account of his treason, all prince John's posses- sions in England ; and they assisted the king in reduc- ing the fortresses which still remained in the hands of his brother's adherents. Richard having settled every- thing in England, passed over with an army into Nor- mandy; being impatient to make war on Philip, and to revenge himself for the many injuries which he had received from that monarch. As soon as Philip heard of the Icing's deliverance from captivity, he wrote to his confederate Jolm, in these terms. Take care of yonr- eclf: the devil is broken loose. WAR WITH FRANCE. Wheu we consider such powerful and martial mo- naj'chs inflamed with personal animosity against each other, enraged by mutual injuries, excited by rivalship. Impelled by opposite interests, and instigated by the pride and violence of their own temper, our curiosity is naturally raised, and we expect an obstinate and fii. rious war, distinguished by the greatest events, and concluded by some remarkable catastrophe. Yet are the incidents which attend those hostilities so frivolous, that scarce any histori;m can entertain such a passion for miUtary descriptions as to venture on a detail of them : a certain proof of the extreme weakness of princes in those ages, and of tlie little authority they jiossessed over their refractory vassals ! The whole amount of the exploits on both sides is, the tckhig of a castle, the surprise of a straggling party, a rencoun- ter of horse, wliich resembles more a rout than a battle. Richard obliged Philip to raise the siege of Verneiiil : he took Loches, a small town in Anjou; he made himself master of Beaumont, and some other places of httle consequence ; and after these trivial ex- ploits, the two kings began already to hold conferences for an accommodation. Philip insisted that, if a gene- ral peace were concluded, the barons on each side should, for the futui'e, be prohibited from carrying on private wars against each other: but Richard replied, that this was a right claimed by his vassals, and he could not debar them from it. After this fruitless ne- gociation, there ensued au action between the French and English cavalry at Fretteval, in which the former were routed, and the king of France's cartulary and records, which commonly at that time attended his person, were taken. But this \'ictory leading to no important advantages, a truce for a year was at last, from mutual weakness, concluded between the two monarchs. During this war, prince John deserted from PhUip, threw himself at his brother's feet, craved pardon for his offences, and by the intercession of queen Eleanor was received into favour. / forffive him, said the king; and hope I &Jiall as easi/i/ forget his injuries, as he wilt my pardon. John was incapable even of returning to his duty without committing a baseness. Before he' left PhUip's party, he invited to dinner all the officers of the garrison which that prince had placed in the citadel of Evreux ; he massacred them during the en- tertainment ; fell, with the assistance of the townsmen, on the garrison, whom he put to the sword, and then delivered up the place to his brother. The king of France was the great object of Richard's resentment and animosity: the conduct of John, as well as that of the emperor and duke of Austria, had been so base, and was exposed to such general odium and reproach, that the king deemed himself sufficiently revenged for their injuries; and ho seems never to have entertained any project of vengeance against any of them. The duke of Austri.a, about this time, hav- ing crushed his leg by the fall of his horse at a tourna- ment, was thrown into a fever ; and being struck, on the approaches of death, with remorse for his injustice to Richard, he ordered by will, all the English host- ages in his hands to be set at liberty, and the remainder of the debt due to him to be remitted : his son, who seemed inclined to disobey these orders, was con- strained by his ecclesiastics to execute them. The emperor also made advances [1195] for Richard's friendship, and offered to give him a discharge of all the debt not yet paid to him, pro^-ided he would enter into an offensive alliance against the Icing of France ; a proposal which was very acceptable to Richard, and was greedily embraced by him. The treaty witli the emperor took no effect; but it served to rekindle the war between France and I'.ngland before the expira- tion of the truce. This war was not distinguished by any more remarkable incidents than the foregoing. After mutually ravaging the open coimtry, and taking a few insignificant castles, the two Icings concluded a jicacc at Louviors and made an exchange of some ter- ritories with each other. [119G.] Their inal)ility to wage war occasioned the peace : their mutual antipathy engaged them again in war before two months ex- pired. Richard imagined that he had now found an opportunity of gaining great advantages over his rival. Chap. X.1 RICHARD 1. 1189—1199. 131 by forming an alliance with the counts of Flanders, Toulouse, Boulogne, Champagne, and other consider- able Viissals of the crown of France. Hut he soon experienced the insincerity of those princes ; and was not able to make any impression on that kingdom, wliile governed by a monarcli of so much vigour and activity as Philip. The most remarkable incident of this war was the taking prisoner in battle the bishop of Ueauvais, a martial jirolate, who was of the family of Dreux, and a near relation of th.o French Icing's. Ri- chard, who hated that bishop, threw him into prison, | and loaded him with irons ; and when the pope de- manded liis liberty, and claimed him as his son, the king sent to his holiness the coat-of-mail wliich the prelate had worn in battle, and which was all be- smeared with blood : and ho replied to him, in tcnns employed by .Jacob's sons to the patriarch, Tins have we found .- know now wlielher it be thy son's coat or no. Tliis new war between England and France, though carried on with such animosity that both kings fre- quently put out the eyes of their prisoners, was soon finished by a ti'uce of five years ; and inmiediately after signing this treaty, the kings were ready, on some new offence, to break out again into hostilities; when the mediation of the cardinal of St. Mary, the pope's legate, accommodated the difference. This prelate oven engaged the princes to commence a treaty for a more durable peace ; but the death of Richard put an cud to the negociation. 1199. Vidomer, %-iscount of Limoges, a vassal of the king's, had found a treasure, of which he sent part to that jjrliice as a present. Richard, as superior lord, claimed the whole ; and at the head of some Brabanyons, besieged the \Tscount in the castle of Chalos, near Li- moges, in order to make him comply with liis demand. The garrison offered to surrender ; but the king re- plied, that, since he had taken the pains to come thither and besiege the place in person, he would take it by force, and would hang every one of them. The same day Richard, accompanied by JIarcadee, leader of his Brabour;ons, ap])roached the castle in order to sur- vey it ; when one Bertrand do Gourdon, an archer, took aim at him, and pierced his shoulder with an arrow. The king, however, gave orders ('28th March) for the assault, took the place, a-.-d hanged all the garrison, except Gourdon, who had wounded him, and wlioni he reserved for a more deliberate and more cruel execution. DEATU AND CHARACTER OF THE KIXG. April ii. The wound was not in itself dangerous; but the \m- skilfulness of the surgeon made it mortal : he so rank- led Richard's shoulder in pidling out tlie arrow, that a fT.mgrene ensued ; and that ])rince was now sensible that liis life wixs drawing towards a period. lie sent fur Gourdon, and asked him. Wretch! what have I ever (lone to you, toohlige you to seek my life? What have yon done to me ? replied coolly the prisoner : you killed with your own hands my father and my two brothers : and you intended to have luinged myself: J am now in your power, and you may lake revenye, by inflicting on me the most severe torments : but I shall endure them all with plea- sure, provided lean think that I have been so happy as to rid the world of such a jiuisance ■ Richard, struck with the reasonableness of this ri^]>ly, and humbled by the near approach of death, ordered Gourdon to be set at liberty, and a sura of money to be given liim ; but Marcadee, unknown to him, seized the unhappy man, flayed 1dm aUve, and tiien hanged him. Richard died in the tenth year of his reign, and the forty-second of liis age ; and he left no issue behind him. The most shining part of this priuce's character are his military talents. No man, even in that romantic age, carried personal courage and intrepidity to a greater height ; a-d tliis quality gained him the appol- Ultiou of " the Lion-hearted," Cxur de Lion. He passion- ately loved glory, chiefly military glory ; and as ins con- duct in the field was not inferior to his v.alour, he seems to have possessed every talent necessary for aciiuiring it. His resentments also were high ; his pride unconquer- able ; and his subjects, as well as his neighbours, had therefore reason to apprehend from tlie continuance of his reign a perpetual scene of blood and «olence. Of an impetuous and vehement spirit, he was distin- guished by all the good, as well as the bad qualities incident to that character : he was open, frank, gene rous, sincere, and brave : he was revengeful, domi- neering, ambitious, haughty, and cruel ; and was thus better calculated to dazzle men by the splendour of his enterprises, than cither to promote their hajipiness or his own grandeur by a sound and well-regulated policy. As military talents make great impression ou the people, he seems to li.ave been much beloved by Ids English subjects ; and he is remarked to have been the first prince of the Norman line that bore any sincere regard to them. He passed liowever only four months of his reign in that liingdom : the crusade employed him near three years ; he was detained about fourteen months in captivity : the rest of his reign was spent either in Avar or preparations for war against France; and he was so jileased with the fame which he had ac- quired in the East, that he determined, notwithstand- ing his past misfortunes, to have further exhausted his kingdom, and to have exposed himself to new hazards, by conducting another expedition against the infidels, MISCELLANEOUS TRANSACTIONS OF THIS REIGN. Though the English pleased themselves with the glory wliich the king's martial genius procured them, his reign was veiy oppressive and somewhat arbitrary, by the high taxes which he levied on them, and often without consent of the states or great council. In the ninth year of his reign, he leWed five shillings on each hyde of land ; and because the clergy refused to con- tribute their share, he put them out of the protection of law, and ordered the civil courts to give them no sentence for any debts which they might claim. Twice in his reign he ordered all his charters to be sealed anew, and the parties to pay fees for the renewal. It is said that Hubert, his justiciary, sent liim over to France, in the space of two years, no less a sum than 1,100,000 marks, besides bearing all the charges of the government in England. But this account is quite in- credible, unless we suppose that Richard made a thorough dilapidation of the demesnes of the crown, Avhich it is not likely he could do with any advantage after his fonner resumption of all grants. A king who possessed such a revenue, could never have en- dured fourteen months captivity for not Jiaying 150,000 marks to the emperor, and bo obliged at last to leave hostages for a third of the sum. The prices of commodities in this reign are also a certain proof that no such enormous sum could be levied on the people. A hyde of land, or about a hundred and twenty acres, was'commonly let at twenty shillings a year, money of that time. As there were 243,000 liydes in England, it is easy to compute the amount of all the landed rents of the kingdom. The general and stated price of an ox was four shillings ; of a labouring horse the same ; of a sow, one shilling ; of a sheep with fine wool, ten jienee ; with coarse wool, sixpence. These commodi- ties seem not to have advanced in their prices since the conquest, [See note S, at the end of this Vol.] and to have still been ten times cheaper than at jiresent. Richard renewed the severe laws against transgres- sors in his forests, whom he punished by castration, and putting out tlieir eyes, as in the reign of his great- grandfather. He estabUslied by law one weight and measure throughout his kingdom : a useful institution, I which the mercenary disposition and necessities of liis j successor engaged him to dispense with for money. I The disorders in London, derived from its bad police 132 THE HISTORY OF ENGLAND. [Chap. XI. liad risen lo . a groat hcij^Iit (hiring this reign; ami in the year U96, there seemed to he formed so regular a consj)iraey among the numerous malefactors, as tliroat- ened the city with destruction. There was one Wil- liam Fitz-Osbert, commonly called /.oii^feorrf, a lawyer, ivlio had rendered himseli' extremely popular among the lower rank of citizens ; and, by defending them on all occasions, had acquired the appellation of the advo- cate or saviour of the poor. He exerted his antliority, by injuring and insulting the more substantial citizens, with whom he lived in a state of hostility, and who were every moment exposed to the most outrageous violences from him and his licentious emissaries. Mur- ders were daily committed in the streets ; houses were broken open and pillaged in daylight ; and it is pre- tended, that no less than fifty-two thousand persons had entered into an association, by which they bound them- selves to obey all the orders of this dangerous rullian. Archbishop Hubert, who was then chief justiciary, summoned him before the council to an.swer for his conduct ; but he came so well attended, that no one durst accuse him, or give evidence against him ; and the primate, finding the imjiotence of law, contented himself with exacting trom the citizens hostages for their good behaviour. He kept, however, a watcliful eye on Fitz-Osbert; and seizing a favourable ojjpor- tunity, attempted to commit him to custody; but tlic criminal, murdering one of the public officers, escaped with his concubine to the churcli of St. Mary-le-Bow, where he defended himself by force of arms. He was at last forced from his retreat, condemned, and exe- cuted amidst the regrets of the populace, who were so devoted to his memory, that they stole his gibbet, jiaid the same veneration to it as to the cross, and were equally zealous in propagating and attesting reports of the miracles wrought by it. But though the sectaries of this superstition were punished by tlie justiciary, it received so little encouragement from the established clergy, whose property was endangered by such sedi- tious practices, that it suddenly sunk and vanished. It was during the crusades that the custom of using coats of arras was first introduced into Europe. The knights, cased up in armour, had no way to make themselves be known and distinguished in battle but by the devices on their shields; and these were gradu- ally ado|ited by their posterity and families, who were proud of the pious and miUtary enterprises of their ancestors. King Richard was a passionate lover of poetry; there even remain some poetical works of his composition ; and he bears a rank among the Provencal poets or Troliadorps, who were the first of the modern Euro- peans that distinguished themselves by attempts of that nature. CHAPTER XI. JOHN. Accession of the Kinff His Marriage War ivUli France Murder of Arthur, UtiUent'Uritaimy Tlii; King CKpcUed the Kronch I'mvinccs The King's Quarrel with tlie Court of Rome — Cardinal 1.,'inj^toti appointed Arehliishop of Canterbury Interdict of the Kingd'tm hxconimunication of th? King The King's Submission to ilie I'dpe Discontents of the Uarotis Insurrection of Ihe IJarons Magna Charta llenewal of the Civil Wars Prince Louis called over Death and Cliaracter of the King. ACCESSION OF THE KING. 1199. 'I'^HE noble and free genius of the ancients, which i- made the government of a single person be always regarded as a species of tyranny and usurpation, and kept them from forming any conception of a legal and regular monarchy, had rendered them entirely ignorant both of tlie rights of primoi/eniture and a representation in succession ; inventions so necessary for jjreserving order in the lines of princes, for obviating tlie evils of civil discord and of usurpation, and for begetting mo- deration in that species of government, by giving secu- rity to the ruling sovereign. These innorallon.^ arose from the feudal law; which, first introducing tho right of primogeniture, made such a distuiction between the families of the elder and younger brothers, that the son of tlie former was thought entitled to succeed to his grandfather, preferably to his uncles, though nearer allied to the deceased monarch. But though this pro- gress of ideas was natural, it was gradual. In the aga of which we treat, the practice of representation was indeed introduced, but not thoroughly established; ana the minds of men fluctuated between opposite princi- ples. Richard, when he entered on tlie lioly war, de- clared his nephew, Arthur, duke of Britanny, his suc- cessor; and by a formal deed, he set aside, in his favour, the title of his brother John, who was younger than Ueoftrey, the father of that prince. But .Tohn so little acquiesced in that destination, that when he gained the ascendant in the English ministry, by expelling Loug- champ, the chancellor and great justiciary, he engaged all the English barons to swear that they would main- tain his riglit of succession; and Richard, on his return, took no steps towards restoring or securing the order which he had at first established. He was even careful, by his last will, to declare his brother John heir to all liis dominions; whether, that he now thought Arthur, who was only twelve years of age, incapable of assert- ing his claim against John's faction, or was influenced by Eleanor, the queeu-mother, who hated Constantia, mother of the young duke, and who dreaded the credit which that princess would naturally acipiire if her son should mount the throne. The authority of a testament was great in that age, even where the succession of a kingdom was concerned ; and John had reason to hope that this title, joined to his plausible right in other rc- sjiects, would ensure him the succession. But the idea of representation seems to have made, at this time, greater progress in France than in England: the barons of the transmarine provinces, Aujou, Maine, and Tou- raine, immediately declared in iavonr of Arthur's title, and applied for assistance to the French monarch as their superior lord. Philip, who desired only an occa- sion to embarrass John, and dismember his dominions, embraced the cause of the young duke of Britanny, took him under bis protection, and sent him to Paris to bo educated, along with his own son Louis. In this emergence, John hastened to establish his authority in the chief members of the monarchy; and after sending Eleanor into Poictou and Guienne, where her right was incontestable, and was readily acknowledged, he hur- ried to Roiien, and having secured tlie dutchy of Nor- mandy, he passed over, without loss of time, to Eng- land. Hubert, archbishop of Canterbury, William Mareschal, earl of Strigul, who also jiasses by the name of earl of Pembroke, and Geoffrey Fitz-Petcr, the jus- ticiary, the three most favoured ministers of the late king, were already engaged on his side; and the sub- mission or acquiescence of all the other baions put him, without opposition, in possession of the throne. Ti)e king soon returned to France, in order to con- duct the war against Philip, and to recover the revolted provinces from his nephew Arthur. The alliances which Richard had formed with the earl of Flanders, and other potent French ]u'iuces, though they had not been very effectual, still subsisted, and enabled John to defend himself against all the efforts of his enemy. In an action between the French and Flemings, the elect bishop of Cambray was taken prisoner by the former; and when the cardinal of Capua claimed his liberty, Philip, instead of complying, reju-oached him with the we.ak eftbrts which he had employed in favour of the bishop of Beauvais, who was in a like condition. The legate, to show his impartiality, laid at the same time the kingdom of France and the dutchy of Normandy under .an interdict ; and the two kings found them- selves obliged to make an exchange of these military prelates. 1200. Nothing enabled the king to bring this war to a happy issue so ranch as the selfish intriguing charac- Chap. XL] JOHN, 1199—1216. 133 tev of Philip, who acted in tbc provinces that had de- clared for Artliur witliout any regard to the interests of that prince. Constantui, seized with a violent jea- lousy that he intended to usurp the entire dominion of them, found means to carry oft' lier son secretly from Paris: slie put him into the liands of liis uncle; restored the provinces which had adhered to the young prince; and made him do homage for the dutchy of Britanny, which was regarded as a rere-fief of Normandy. From tliis incident, Phihp saw that he could not hope to make any progress against John; and being threatened with an interdict on account of his irregular divoree from Ingelhurga, tlie Danisli princess whom he had espoused, ho became desirous of concluding a peace with England. After some fruitless conferences, tlie terms were at last adjusted; and the two monarchs seemed in tliis treaty to have an intention, besides ending the present (piarrel, of preventing all future causes of discord, and of obviating every eontroversy wliich could hereafter arise between them. They ad- justed tlie limits of all their temtories ; mutually se- cured tlie interests of their vassals; and, to render the union more durable, John gave his niece, Blanche of Castile, in marriage to prince Louis, Philip's eldest son, and witli her the baronies of Issoudun and Grarai,and other fiefs in Berri. Nine barons of the king of Eng- land, and as many of the king of France, wore guaran- tees of this treaty; and all of them swore, that, if tlie sovereign violated any article of it, tliey would de- clare themselves against liim, and embrace the cause of the injured monarch. THE KING'S MARRIAGE. John, now secure, as he imagined, on the side of France, indulged liis passion for Isabella, the daughter and heir of Ayniar Taillcffer, count of Angouleme, a I lady with wliom he had become mucli enamoured. His queen, the heiress of the family of Gloucester, was still alive, Isabella was married to the count de la Marche, and was already consigned to the care of that noble- man ; tliough, by reason of her tender years, tlie mar- riage had not been consummated. The passion of John made him overlook all tlir.se obstacles ; he persuaded tlie count of Angouleme to carry off his daughter from Iier husband; and liaving, on some pretence or other, procured a divorce from his own wife, he espoused Isabella ; regardless botli of tlie menaces of the pope, wlio exclaimed against tliese irregular iu'oceeding,s, and of tlie resentment of the injured count, who soon found means of punishing his powerful and insolent rival. 1201. John had not the art of attaching his barons cither by afTection or by fear. Tlie count de la Jlarche, and his brother, the count d'Eu, taking advantage of the genei'al discontent against him,e.xcited commotions in I'oictou and Normandy; and obliged the king to have recourse to arms, in order to suppress the insur- rection of his vassals. He summoned together tlie barons of England, and required them to pass the sea under his standard, and to quell the rebels : he found that he possessed as little authority in tliat kingdom as in his transmarine provinces. The English barons unanimously replied, that they would not attend him on this expedition, unless he would iiromise to restore and presei"ve their privileges : the first symptom of a regular association and plan of libcrt}' among those noblemen! but affairs were not yet fully ripe for the revolution projected. John, by menacing the barons, broke the concert; and both engaged many of them to follovr liim into Normandy, and obliged the rest, who st.ay(.'d behind, to ]iay him a scutage of two marks on each knight's foe, as the price of their exemption from the service. The force which .Tohn carried ahroad with him, and that which joined him In Normandy, rendered liim much superior to his malcontent barons ; and so much the move ns Pliilip did not publicly give them any countenance, and seemed as yet dcSeitnined to jxirse vere steadily in the alliance which he had contracted M-ith England. But the king, elated with liis supe- riority, advanced claims which gave an universal alarm to his vassals, and diffused still wider the general dis- content. As the jurisiirudence of those times required that the causes in the lord's court should be chiefly de^ cidcd by duel, he carried along with him certain bi'avos, whom he retained as champions, and whom he destined to fight witli his barons, in order to determine any controversy which he might raise against them. 'J'hc count de la Marche, and other noblemen, regarded this proceeding as au aft'ront, as well as an injury; and de- clared, that they would never draw their sword against men of such inferior quality. The king menaced them with vengeance; but he' had not vigour to employ against them the force in his hands, or to prosecutw the injustice, by crushing entirely the nobles who op- posed it. WAR WITH FRANCE. 1201. This gcvei-nment, ccjually feeble and violent, gave the injured barons courage as well as inclination to carry further their opposition; they appealed to tlic king of France; complained of the denial of justice in John's court ; demanded redress from him as their su- perior lord; and entreated him to employ his authority, and prevent their final ruin and oppression. Philip perceived Iris advantage, opened his mind to great pro- jects, interposed in behalf of the French barons, and began to talk in a high and menacing style to the king of England. [1202.] John, who could not disavow Philip's authority, repUed that it belonged to himself first to grant them a trial by their peers in his own court ; it was not till he failed in this duty that he was an- swerable to his peers in the supreme court of the French king; and he promised, by a fail- and equitablo judicature, to give satisfaction to his barons. When the nobles, in consequence of this engagement, de- manded a safe conduct, that they might attend hifi court, ho at first refused it ; upon the renewal of Ph-lip's menaces, he promised to grant theu- demand ; he violated this promise ; fresh menaces extorted from him a promise to surrender to Philip the fortre-ses of Tilheres and Boutavant, as a security for peifonnance; he again violated his engagement; his enemies, sensible both of his weakness and want of faith, combined still closer in the resolution of pushing him to extremities; and a new and powerful ally soon appeared to encou- rage them in their invasion of this odious and despi- cable government. 1203. The young duke of Britanny, who was now rising to man's estate, sensible of the dangerous cha- racter of his uucle, determined to seek both his secu- rity and elevation by an union with Philip and the malcontent barons. He joiued the French army, which had begun hostilities against the king of Eiig- ,and : ho was received with great marlcs of distinction by Philip; was knighted by him; espoused his daugh- ter ilary ; and was invested not only in the dutchy of Britanny, but in the counties of Anjou and JIainc, which lie had formerir teaigiic 1 to his uncle. Every attempt succeeded with the allies. Tilheres and Boutavant were taken by Philip, after making a feeble defence : Mortimar andLyons fell into his hands al- most without resistance. That prince next invested Gournai ; and oiieniug the sluices of a lake which lay in the neighbourhood, poured such a ton-ent of water into the place that the garrison deserted it, and the French monarch, without .striking a blow, made him- self master of that imi)ortant fortress. The jirogress of the French arms was rapid, and promised more considerable success than usually in that age attended military enterprises. In answer to every advanco which the king made towards peace, Philip still in sisted, that he should resigu all his transmarine domi- nions to his nephew, and rest contented v/ith the 134 THE HISTORY OF ENGLAND. [CiiAr. XI. kingdom of F-ugland ; when an event hajjpcnecl, wliicli seemed to turn tlie scales in favour of John, and to give Iiini a decisive superiority over his enemies. Youug Arthur, fond of military renown, liad broken into Toictou, at tiie lieadof a small army ; and passinij ucar Mirabeau, he heard that his grandmother, queen Eleanor, wlio liad always opposed his interests, was lodged in that place, and was protected by a weak garrison and ruinous fortifications. He immediately determined to lay siege to the fortress, and make him- self master of her person ; but John, roused from his indolence by so pressing an occasion, collected an army of Knglish and Brabauvous, and advanced from Nor- mandy with hasty marches to the relief of the queen- mother. He fell on Arthur's camp before that ]iriueo was aware of the danger; dispersed his army; took him prisoner, together with the count de la Marche, Geoffrey de Lusignan, and the most considerable of the revolted barons ; and returned in triumph (Au- gust 1st) to Normaudy. Philip, who was lying before Arqucs in that dutchy, raised the siege and retired, upon his apju-oach. The greater part of the prisoners were sent over to England ; but Arthur was shut up in the castle of Falaise. MURDER OF ARTHUR, DUKE OF BRITANNY. 1203. The king had here a conference with his nephew ; represented to him the foUj' of his pretensions ; and required him to renounce the French alliance, which had encouraged him to live in a state of enmity with all his family : but the brave, though imprudent youth, rendered more haughty from misfortunes, maintained the justice of his cause ; asserted his claim, not only to the French provinces, but to the crown of England ; and, in his turn, required the king to restore the son of his elder brother to the possession of his inherit- ance. John, sensible, from these symptoms of spirit, that the young piince, though now a prisoner, might hereafter prove a dangerous enemy, determined to prevent all future peril by dispatching his nephew ; and Arthur was never more heard of. The circum- stances which attended this deed of darkness were, no doubt, carefully concealed by the actors, and are va- riously related by historians; but the most probable account is as follows : The long, it is said, hrst pro- posed to William de la Bray, one of his servants, to dispatch Arthur ; but William replied, that he was a gentleman, not a h.angman; and he positively refused compliance. Another instrument of murder was found, and was dispatched with proper orders to Falaise ; but Hubert de Dourg, chamberlain to the king, and con- stable of the castle, feigning that he himself would execute the king's mandate, sent back the assassin, spread the report that the young prince was dead, and publicly performed all the ceremonies of his interment: but finding that the Bretons vowed revenge for the murder, and that all the revolted barons persevered more obstinately in their rebellion, he thought it pru- dent to reveal the secret, and to inform the woidd that the duke of Bi'itanny was still alive and in his custody. Tliis discovery proved fatal to the young prince : John first removed him to the castle of Roiien; and coming in a boat, during the night-time, to that place, com- manded Arthur to be brought forth to him. The young prince, aware of his danger, and now more subdued by the continuance of his misfortunes, and by the ap- proach of death, threw himself on his knees befoi'o his imcle and begged for mercy : but the barbarous tyrant, making no rejily, stalibed him with his own hands ; and fastening a stone to the dead body, threw it into the Seine. All men were struck with hoiTor at tliis inhimian deed; and from that moment the king, detested by his subjects, retained a very precarious authority over both the people and the barons in his dominions. 'J"he Bre- tons, euraged at this disappointment in their fond hopes, waged implacable war against him ; and fijciug the succession of their government, put themselves in a posture to revenge the murder of their sovereign. John had got into Ins power his niece Eleanor, sister to Arthur, commonly called the Damsel of Ilritanny ; and carrying her over to England, detained her ever nfter in ca])tivity : but the Bretons, in despair of i-e- covering this princess, chose Alice for their sovereign; a younger daughter of Constantia, by her second mar- riage with Gui de Thouars ; and they entrusted the go- vernment of the dutchy to that nobleman. The states of Britanny, meanwhile, carried their complaints be- fore Philip as their liege lord, and demanded justice for the violence committed by John on the person of Arthur, so near a relation; who, uotwiihstanding the homage which he did to Normandy, was always re- garded as one of the chief vassals of the crown. Philip received their application with pleasure ; sum- moned John to stand a trial before him ; and on his non-appearance passed seutence, with the concurrence of the peers, upon that prince; declared him guilty of felony and parricide ; and adjudged him to forfeit to liis superior lord all his scignories and fiefs in France. THE KING EXPELLED FROM THE FRENCH PROVINCES. The Icing of France, whose ambitious and active spirit had been liitherto confined, either by the sound policy of Henry, or the martial genius of Richard, seeing now the opportunity favourable against this base and odious prince, embraced the project of expel- ling the English, or rather the Euglisli Icing, from France, and of annexing to the crown so many con- siderable fiefs, which, during several ages, had been dismembered from it. Many of the other gi-eat vassals whose jealousy might have interposed, and have ob- structed the execution of this project, were not at present in a situation to oppose it ; and the rest cither looked on with indifference, or gave their assistance to this dangerous aggrandisement of their superior lord. The earls of Flanders and Blois were engaged in the holy war : the count of Champagne was an infant, and under the guardianship of Phihp : the dutchy of Bri- tanny, enraged at tlie murder of their prince, vigor- ously promoted all his measures : and the general de- fection of John's vassals made every enterprise easy and successful against him. Philip, after taking seve- ral castles and fortresses beyond the Loire, which he either garrisoned or dismantled, received the submis. sion of the count Aleneon, who deserted John, and delivered up all the places under his command to the French : upon which Philip broke up his camp, in order to give the troops some repose after the fatigues of the campaign. John, suddenly collecting some ibrces, laid siege to Alenron ; and Philip, whose dis- ]iersed army could not be bi'ought together in time to succour it, saw himself exposed to the disgi-ace of suffering tlie opjjression of his friend and confederate. But his active and fertile genius found an expedient against this evil. There was held at that very time a tournament at Morct, in the Gatinois ; whither all the chief nobihty of France and the neiglilionring conn- tries had )'esorted, in order to signalize their prowess and address. Philip presented himself before them ; craved their assistance in his distress; and jjointed out tlie )jlains of Aleiu/on, as the most honourable field in wliicli they could display their generosity and martial spirit. Those valorous knights vowed, that they would take vengeance on the base parricide, the stain of arms and of chivalry : and putting themselves, with all their retinue, under the command of Philip, instantly marched to raise the siege of Alen(;on. John, hearing of their aiiproach, lied from before the jilace ; and in the hurry abandoned all his tents, machines, and baggage to the enemy. This feeble effort was the last exploit of that slothfuJ and cowardly prince for the defence of his dominions Chap. XI.] JOHN, 1199—1216. 136 llo tlicnceforth remained iu total inactivity at Rouen: piissing all his time with his young wife, in pastimes and amusements, as if liis state had been iu the most jiroi'ouud tranquilUty, or his afiairs in the most pros- perous condition. If lie ever mentioned war, it w;is only to give himself vaunting airs, which, in the eyes of all men, rendered him still more despicable and ri- diculous. /*( Ihe French go on, said he ; / will retake in a day whal it has cost them years to acquire. His stu- jiidityaud indolence appeared so extraordinary, that the people endeavoured to account for the infatuation by sorcery, and believed that he was thrown into this lethargy by some magic or Avitchcraft. The Knglish barons, finding that their time was wasted to no pur- l)OSe, and that they must sutler the disgrace of seeing without resistance, the progress of the French arms, withdrew from their colours, and secretly returned to their own countr)'. No one thought of defending a man who seemed to nave deserted himself; and his subjects regarded his fate with the same indifference to which, in this pressing exigency, they saw him totally abandoned. John, while he neglected all domestic resources, had the meanness to betake himself to a foreign power, whose protection he claimed : he applied to the pope. Innocent III., and entreated him to interpose his au- thority between him and the French monarch. Inno- cent, pleased with any occasion of exerting his superi- ority, sent Philip orders to stop the progress of his arms, and to makepeace with the king of England. But the French barons received the message with in- dignation; disclaimed the temporal authority assumed by the pontiff; and vowed that they would, to the ut- termost, assist their prince against all liis enemies : Philip, seconding their ardour, proceeded, instead of obeying the pope's envoys, to lay siege to Chateau Gaillard, the most considerable fortress which re- mained to guard the frontiers of Normandy. 1204. Chateau Gaillard was situated partly on an island in the river Seine, partly on a rock opposite to it ; and was secured by even,' advantage which either art or nature could bestow upon it. The late king, liaviiig cast his eye on this favourable situation, had spared no labour or expense in fortifying it ; and it was defended by Roger osal of the court of Rome. While the pope maintained so many fierce contests, in order to wrest from princes the right of granting in- vestitures, and to exclude laymen from all authority in conferring ecclesiastical benefices, he was supported by the united influence of the clergy, who, aspiring to independence, fought, with all the ardour of ambition, and all the zeal of superstition, under his sacred ban- ners. But no sooner was this point, .after a great effu- sion of blood and the convulsions of many states, cstab- liilied in some toleraule degree, than the wctoiious r; tiAr, XI. JOHN 1199—1216. 137 leader, as is usval, turned his arms agaiust his own community, and aspired to centre all power in his person, liy the invention of reserves, provisions, ccmmendams, and other deWces, the pope gradually assumed the right of filling vacant benefices; and the plenitude of his apostolic power, which was not sub- ject to any hmitatious, supplied all defects of title in the person on whom he bestowed inefermeut. The canons which regulated elections were purposely ren- dered intricate and involved ; frequent disputes arose among candidates : appeals were ever)- day can-ied to Rome : the apostolic see, besides reaping pecuniary advantages from these contests, often exercised the power of sotting a.-iide both the litigants, and, on pre- tence of appeasing faction, nominated a third person, who might be more acceptable to the contending parties. CARDINAL LANGTON APPOIXTED ARCU- BISHOP OF CANTERBURY. The present controversy about the election to the see of Canterbury aftbrded Innocent an opportunity of claiming this right ; and he failed not to perceive and avail himself of the advantage. He sent for the twelve monks deputed by the convent to maintain the cause of the bishop of Norwich; and commanded them, under the penalty of excommunication, to choose for their primate, cardinal Laugton, an Englishman by birth, but educated in France, and connected, by his interest and attachments, with the see of Rome. In vain did the monks represent, that they had received from their convent no authority for this purpose; that an electiou, without a previous writ from the king, would be deemed highly irregular; and that they were merely agents for another person, whose right they had 110 power or pretence to abandon. None of them had the courage to persevere in this opposition, except one, Elias do Brantefield: all the rest, overcome by the me- naces and authority of the pope, complied with his ordera, and made the election required of them. Innocent,senbible that tliisflagrant usurpation would be highly resented by the court of England, wrote John a mollifying letter ; sent liim four golden rings, set with precious stones; and endeavoured to enhance the value of the ])resent, by informing him of the many myste- ries implied in it. lie begged him to consider seriously the form of the rings, their numlter, their mailer, and their fo/oHr. Their form, he said, being round, shadov,- ed out Eternity, which had neither beginning nor end ; and he ought thence to learn his duty of aspiring from earthly objects to heavenly, from things temporal to things eternal. The number four,being a square, deno- ted Steadiness of Mind, not to be subverted either by ad- versity or prosperity, fixed fur ever on the firm basis of the four cardinal virtues. Gold, wliieh is the matter, being the most precious of metals, signified Wisdom, which is the most valuable of all accomplishments, and justly preferred by Solomon to riches, power, and all exterior attainments. The blue colour of the sapphire repre- sented Faith ; the verdure of the emerald Hope ; the redness of the ruby. Charity ; and the splendour of the topaz. Good Works. By these conceits Innocent endeavoured t o repay John for one of the most impor- tant prerogatives of his crown, which he had ravished from him ; conceits probably admired by Innocent himself: for it is easily possible for a man, especially in a barbarous age, to unite strong talents for business with an absurd taste for literature and the arts. John was inflamed with the utmost rage when he heard of this attempt of the court of Rome; and he unmediately vented his passion on the monks of Christ- > church, whom he found inclined to support the elec- tion made by their fellows at Rome. lie sent Fulke de Cantelupo and Henry de CornhuUe, two knights of his retinue, men of violent tempers and rude manners, to expel them the convent, and take possession of their revenues. These knights entered the mona.sretensious ; and e.xhorted the king not to oppose God and the church any longer, nor to prosecute that cause for which the holy martyr St. Thomas had sacrificed his life, and which had ex- alted him equal to the liighest saints in heaven : a clear hint to John to profit by the example of his father,and to remember the prejudices and established principles of his subjects, who bore a profound vene- ration to that martyr, and regarded his merits as the subject of their cliief glory and exultation. Innocent, finding that John was not sufficiently tamed to submission, sent three prelates, the bishops of London, Ely, and Worcester, to intimate that if he per- severed in his disobedience, the sovereign pontiif would be obliged to lay the kingdom under an interdict. All the other prelates threw themselves on their knees before him, and entreated him, with tears in their eyes, to prevent the scandal of this sentence, by making a speedy submission to his spiritual father, by receiving from his hands the new-elected primate, and by restor- ing the monks of Christ-church to all their rights and possessions. He burst out into the most indecent in- vectives against the prelates; swore by God's teeth, (his usual oath,) that if the pope presumed to lay liis kingdom under an interdict, he would send to him all the bishops and clergy in England, and would confiscate all their estates ; and threatened, that if thenceforth he caught any Romans in his dominions, he would put out their eyes and cut off their noses, in order to set a mark upon them which might distinguish them fi'om all other nations, .\midst all this idle violence, John stood on such bad terms with his nobility, that he never dared to assemble the states of the kingdom, who, in so just a cause, would probably have adhered to any other monarch, and have defended with vigour the liberties of the nation against these palpable usurpa- tions of the court of Rome. Innocent, therefore, per- ceiving the king's weakness, fulminated at last the sentence of interdict, wliich he had for some time held suspended over him. The sentence of interdict was at that time the great instrument of vengeance and policy employed by the court of Rome ; was denounced against sovereigns for the slightest offences ; and made the guilt of one per- son involve the ruin of millions, even in their spiritual and eternal welfare. The execution of it was calcu- lated to strike the senses in the highest degi-ee, and to operate with irresistible force on the superstitious minds of the people. The nation was of a sudden de- prived of all exterior exercise of its religion : the altars were despoiled of their ornaments : the crosses, the relics, the images, the statues of the saints were laid on the gi-ound ; and, as if the air itself were jiro- fimed, and might pollute them by its contact, the priests carefully covered them up, even from their own approach and veneration. The use of bells entirely ceased in all the churches : the bells themselves were removed from the steeples, and laid on the ground with the other sacred utensils. Mass was celebrated with shut doors, and none but the priests were admitted to that holy institution. The laity partook of no religious rite, e.Kcept baptism to new-born infants, and the com- munion to the dying : the dead were not interred in consecrated ground : they were thrown into ditches, or buried in common fields ; and their obsequies were not attended with prayers or any hallowed ceremony. Marriage was celebrated in the churchyards ; and that every action in life might bear the marks of this dread-- ful situation, the people were prohibited the use of meat, as in Lent, or times of the highest penance ; were debarred from all pleasures and entertaininentlishiug, as the pope required of them, the sentence in the se- veral churches of their dioceses. No sooner was the excommunication known, than the effects of it appeared. Geoftrey, archdeacon of Norwich, who was entrusted with a considerable office in the court of the exchequer, being informed of it while sitting on the bench, obser\'ed to Iris colleagues the danger of ser\-ing under an excommunicated king; and he immediately left his chair, and departed the court. John gave orders to seize him, to throw him into prison, to cover his head with a gi'cat leaden cope ; and by this and other sover-e usage he put an end to his life: nor was there anytlung wanting to Geoffrey, except the dignity and r-ank of Becket, to ex.alt him to an equal statioir in heaven with that great and celebrated martyr. Hugh de Wells, the chancel- lor, being elected, by the king's aiipoiutment, bishop of Lincoln, upon a vacancy in that see, desired leave to go abroad, in oi'der to receive consecration from the ai-chbishop of Rouen ; but he no sooner reached France than ho hastened to Pontigny, wbei-e Langton then resided, aud paid submission to him as his primate. The bishojis, finding themselves exposed either to the jealousy of the king or hatred of the people, gradually Btide out of tho kingdom ; and at last there remained oidv three prelates to pcrfoiirr the functions of tb" Chat. XI.] JOHN, 1199—1216. 139 episcopal office. Many of the nobility, tenified by Joiin's tyranny, anil obnoxious to liiin on dift'crent ac- counts, imitated tlie example of the bisliops ; and most of the others who remained were, witli reason, sus- pected of having seeretly entered into a confederacy again.st him. .Jolin was alarmed at his dangerous situ- ation ; a situation w)iieh prudence, vigour, and popu- larity niiglit formerly have prevented, but wliieli no virtues or abilities were now sufficient to retrieve. He desired a conference witli Langton at Dover: offered to atlinowledge him as primate, to submit to the pope, to restore the exiled clergy, even to pay tliem a limited Bum as a compensation for the rents of their confiscated estates. 15ut Langton, perceiving his advantage, was not satisfied with tliese conceasions ; he demanded that full restitution and reparation should be made to all the clergy; a condition so exorbitant that tlie long, who probably had not tlve power of fulfilling it, and who foresaw that this estimation of damages might amount to an immense sum, finally broke off the con- ference. I'il'i. Tlie ne.'it gi-adation of papal sentences was to absolve Jolm's subjects from their oaths of fidelity and allegiance, and to declare every one excommunicated who had any commerce with him in ])ublic or in private; at his table, in his council, or even in pri\ate conversa- tion: and this sentence was accordingly, with all ima- ginable solemnity, pronounced against him. But as John still persevered in his contumacy, there remained nothing but the sentence of deposition ; which, though intimately connected with the former, had been distin- guished from it by the artifice of the court of Itome; and Innocent determined to dart this last thunderbolt against the refractory monarch. Hut as a sentence of this kind required an armed force to execute it, the pontiff, casting bis eyes ai'ound, ti.xed at last on Philip, king of France, as the person into whose powerful hand he could most projierly entrust that weapon, the ultimate resource of his ghostly authority. And he offered tlie monarch, besides the remission of all his sins and endless spiritual benefits, the property and possession of the kingdom of England, as the reward of his labour. 1213. It wa.s the common concern of iill princes to oppose these exorbitant pretensions of the Uoman pontiff, by wliicli they themselves were rendered va.s- sals, and v:i.ssals totally dependent of the papal crown : yet even Phili]), the most able monarch of the age, was seduced by present interest, and by the prospect of so tempting a jjrize, to accept this liberal offer of the pontiff, and thereby to ratify that authority which, if he over opposed its boundless usurpations, might next day tumble him from the throne. He levied a great army ; summoned all the vassals of the crown to attend him at Koiien ; collected a fleet of 171(0 vessels, great and small, in the .seaports of Normandy and Picardy ; anil partly fiom the zealous spirit of the age, partly from the personal regard univers.ally paid him, pre- pared a force, wliich seemed equal to the greatne.ss of his enterprise. The king, on the other hand, i.ssued out writs, requiring the attendance of all his military tenants at Dover, and even of all able-bodied men to defend the kingdom in this dangerous extremity. A great number appeared ; and he selected an army of ugh tlie sense of the common rights of mankind, the only rights tliat are entirely j indefeaslbli', miglil liave justified tlium in the deposition of tlieir king, lliey decUned insisting before Pliilip on a pretension which is commonly so disagreeable to sove- reigns, and wliicli sounds luushly in their royal cars. They affirmed that John was incapable of succeeding to the crown, by reason of the attainder passed upon liim during his brotlier's reign ; though tliat attainder liad been reversed, and IJichard liad even, by his last \y\\\, declared him his successor. They pretended tliat lie was aUeady legally deposed by sentence of the peers of France, en account of the murder of his nejihew ; thouL;h that sentence could not ]iossibly regard any- thing but his transmarine dominions, which alone he held in vassalage to that crown. On more plausible grounds they affirmed, that he had already deposed himself by doing homage to the pope, changing the nature of his sovereignty, and resigningan independent crown for a fee under a foreign power. And as Blanche of Castile, the wife of Louis, was descended by her mother from Ilcnry IL, they maintained, though many other jirinccs stood before her in the order of succes- sion, that they had not shaken off the royal family in choosing her husband for their sovereign. riiilip was strongly tempted to lay hold on the rich prize which was oft'ered to him. The legate menaced him with interdicts and excommunications if he in- vaded the patrimony of St. Peter, or attacked a prince who was under the immediate jjrotcction of the holy see ; but as IMiilip was assured of the obedience of his own vassals, his principles were changed with .the times, and he now imdervalued as much all papal cen- sures, as ho formerly pretended to pay respect to them. His chief scrujde was with regard to the fidelity ivhich he might e.xpect from the English barons in their new engagements, and the danger of entrusting his son and heir into the hands of men who might, on any caprice or necessity, make jieacc with their native sovereign, by sacrificing a pledge of so much value. lie therefore exacted from the barons twenty five hostages of the most noble birth in the kingdom ; and having obtained this security, he sent over first a small army to the relief of the confederates ; then more nu- merous forces, which arrived with Louis lumself at their head. The first effect of the young jirincc's appearance in ICngland was the desertion of John's foreign troops, who, being mostly levied in Flanders, and other pro- vinces of France, refused to serve against the heir of their monarchy. The Gascons and Poictevins alone, who were still John's subjects, adhered to his cause ; but they were too weak to maintain that superiority in the field which they had hitherto supported against the confederated barons. Many considerable noble- men deserted John's party — the earls of Salisliury, Arundel, WaiTcnne, Oxford, Albemarle, and William Mareschal tlie younger : his castles fell daily into the hands of the enemy ; Dover was the only place which, from the valour and fidelity of Hubert de liurgh, the governor, made resistance to the progress of Louis ; and the barons had the melancholy prospect of finally succeeding in their purpose, and of escaping the tyranny of their own king, by im])0sing on themselves and the nation a foreign yoke. But this union was of short duration between the French and English nobles; and 1 Vol I. the imprudence of Louis, who on every occasion showed too visible a preference to the former, increased tliat Jealousy which it was so natural for the latter to en- tertain in their present situation. The viscount o{ Meliin, too, it is said, one of his courtiers, fell sick at London, and finding the ajiproaclies of death, he sent for some of his friends among the English barons, and, warning them of their danger, revealed Louis's secret intentions of e.xtenuinating them and their families as traitors to their prince, and of bestowing their estates and dignities on his native sidijccts, in whose fidelity he could more reasonably place confidence. This. story, whether (rue or false, was iinivcrsally reported and believed ; and, concurring with otlier circumstances which rendered it credible, did great prejudice to the cause of Louis. The earl of Salisijury, ant! other noble- men, deserted again to John's party ; and as men easily change sides in a civil wai', especially where their power is founded on an hereditary and independent authority, and is not derived from the ojiinion and favour of the people, the French prince had reason to dread a sudden reverse of fortune. The king was assendding a considerable army, with a view of fighting one great battle for his crown ; but passing from Lyrine to Lincolnshire, his road lay along the sea-.shore, which was overflowed at high-water ; and not choosing the proper time for his journey, he lost in the inundation all his carriages, treasure, baggage, and regalia. The affliction for tins disa.ster, and vexation from the dis- tracted state of his affiiirs, increased the sickness under which he then laboured, and though he reached the castle of Newark, he was obliged to halt there, and liis distemper soon after ]nit an end to his life, (17tli October,) in the forty-nijitli year of his age, and eiglitoenth of his reign ; and freed the nation from the dangers to which it was equally exposed by his success or by his misfortunes. CHARACTER OF THE KIXG. The character of this prince is nothing but a com- plication of vices, equally mean and odious ; ruinou.s to himself, and destructive to his jjeople. Cowardice, inactivity, folly, levity, licentiousness, ingratitude, trea- chery, tyranny, and cruelty — all these qualities apjiear too evidently in the .several incidents of his life, to give us room to suspect that the disagreeable picture has been anpvise overcharged by the prejudices of the ancient historians. It is hard to say whether his con- duct to his father, his brother, his nephew, or his sub- jects, was most culpable ; or whether his crimes, in these respects, were not even exceeded by the baseness which appeared in his transactions with the king of France, the pojie, and the barons. His Euro]iean do- minions, when they devolved to him by the death of his brother, were more extensive than have ever, since his time, been ruled by an English monarch : but he first lost, by his misconduct, the flourishing jirovinces in France, the ancient patrimony of his family ; he subjected his kingdom to a shameful vassalage mider the see of Rome ; he saw the prerogatives of his crown diminished by law, and still more reduced by faction ; and he died at last, when in danger of being totally expelled by a foreign power, and of either ending his life miserably in prison, or seeking shelter as a fugitive from the ])iirsint of his enemies. The prejudices against this prince were so violent, that he was believed to have sent an embassy to the Miramoulin, or enrjieror of Morocco, and to have offered to change his religion and become Mahometan, ui order to luirchase the jirotection of that monarch. But though this story is told us, on jilausible authority, by Matthew Paris, it is in itself utterly improbable ; except that there is nothing so incredible but m.ay be believed to proceed from the folly and wickedness of John. The monks throw great reproaches on this prince for his impiety and even infidelity ; and as an instance of it, they tell us, that having one day caught a very U THE HISTORY OF ENGLAND. 146 fiit stag, he C! claimed. How plump and veil fed hfhis animal ! and yrl I dare sieear he never heard mass. This sally of wit, upon the usual corpulency of the pnests, more than all his enormous crimes and iniquities, made him pass witli tliera for an atheist. John left two legitimate sons behind him— Henry, born on the first of October, 1207, and now nine years ofa''e; and Richard, born on the sixth of January, 1209 : and three daughters— Jane, afterwards married to Alexander, king o'f Scots ; Eleanor, married first to "WilUam Maroschal the younger, earl of rembroke, and then to Simon Mountfort, earl of Leicester ; and Isabella, married to the emperor, Frederic II. All these children were born to him by Isabella of Angoa- lesme, his second wife. His illegitimate cliildren were numerous; but none of them were anywise distin- guished. It was this king who, in the nintli year of his reign, first gave by charter to tlie city of London, the right of electing annually a mayor out of its own "body, an office which was till now held for life. He gave Ihc city also power to elect and remove its sheriffs at plea- sure, and its common comicil men annually. London bridge was finished in this reign : the former bridge was of w ood. JIaud the empress was the first that built a stone bridge in England. APPENDIX II. THE FEUDAL AND ANGLO-NORMAN GO- VFRNMENT AND MANNERS. Orie'in of the Kcu'i.il Law Its Progress F. udal Government of Eiip- land The Ftiulal Parliament The Commons Judicial Power Revciuic of the Crown Commerce Tlic Church Civ.l Lairs Manners. 'I "'HE feudal law is the chief foundation, both of the J- political government and of the jurisprudence established by the Normans in England. Our subject, therefore, requires that we should form a just idea of this law, in order to explain the state as well of that Idngdom as of all other kingdoms of Europe, which during those ages were governed by similar institutions. And though I am sensible that I must here repeat many observations and i-eflections which have been communicated by others ; yet as every book, agreeably to the observation of a great historian, should be as complete as possible within itself, and should never refer for anything material to other books, it will bo necessary in this place to deliver a short plan of that prodigious fabric which for several centuries preserved such a mixture of liberty and oppression, order and anarchy, stability and revolution, as was never expe- rienced in any other age, or any other part of the world. ORIGIN OF THE FEUDAL LAW. After the northern nations had subdued the pro- vinces of the Roman empire, they were obliged to estab- lish a system of government which might secure their conquests, as well against the revolt of their numerous subjects who remained in the provinces, as from tlie inroads of other tribes, who might be tempted to ravish from them their new acquisitions. The great change of circumstances made them here depart from those institutions which prevailed among them while they remained in the forests of Germany ; yet was it stUl natural for them to retain, in tlieii- present settlement, as much of their ancient customs as was compatible with their new situation. The German governments, being more a confederacy 01 independent warriors than a civil subjection, de- rived their principal foice from many Inferior and voluntary associations, which individuals formed under a particular head or chieftain, and which it became the highest point of honour to maintain with inviolable fidelity. The glory of the chief consisted in the num- ber, the braver)-, and the zealous attachment of his retainers. The duty of the retainers required that they should accompany their chief in all wars and dangers, that tliey should fight and perish by his side, and that Ihay should esteem his renown or his favour a sufficient recompense for all their services. The prince himself was nothing but a great chieftain, who was chosen from among the rest on account of liis superior valour or nobility, and who derived his power from the voiuntaiy nsEociation or attachment of the other chieftains. AVhen a tribe, governed by these ideas, and actuated by these principles, subdued a large territory, they found that though it was necessary to keep themselves in a military posture, they could neither remain united in a body, nor take up their quarters in several garri- sons ; .and that their manners and institutions debarred them from using these expedients ; the obvious ones, which in a lilic situation would have been employed by a more civilized nation. Their ignorance in the art of finances, and perhaps the devastations inseparable from such violent conquests, rendered it impracticable for them to levy ta.\es sufficient for the pay of numerous armies; and their repugnance to subordination, with their attachment to rural pleasures, made the life of the camp or garrison, if perpetuated during peaceful times, extremely odious and disgustful to them. They seized, therefore, such a portion of the conquered lands as appeared necessary ; they assigned a share for sup- portuig the dignity of their prince and government ; they distributed other pai-ts, under the title of fiefs, to the cliiefs ; these made a new partition among their retainers ; the express condition of all tliese grants was, that they might be resumed at pleasure, and that the posses-sor, so long as he enjoyed them, should still remain in readiness to take the field for the defence of the nation. And though the conquerors immediately separated, in order to enjoy their new acquisitions, their martial disposition made them readily fulfil the terms of their engagement : they assembled on the first alarm ; their habitual attachment to the chieftain made them T^'Uingly submit to his command, and thus a regular military force, though concealed, was always ready to defend, on any emergence, the interest and honour of the community. We are not to imagine that all the conquered land.'; were seized by the northern conquerors, or that the whole of the land thus seized was subjected to those military services. This supposition is confuted by the histoiT of all the nations on the continent. Even the idea given us of the German manners by the Roman historian, may convince us that that bold people would never have been content with so precarious a subsist- ence, or have fought to procure est.ablishments which were only to continue during the good pleasure of their sovereign. Though the northern chieftains accepted of lands which, being considered as a kind of military pay, might be resumed at the will of the king or general ; they also took possession of estates which, being hereditary and independent, enabled them to maintain tlieir native liberty, and snpjjort, without court-favour, the honour of their rank and family. PROGRESS OF THE FEUDAL LAW. But there is a great difference, in the consequences, between the distribution of a pecuniary subsistcuce, and the assignment of lands burthoned with the con- dition of military ser^ ice. The delivery of the former APPENDIX II. M7 at l.Ue weekly, monthly, or annual terms of payment, still recalls the idea of a voluntary gratuity from the prince, and reminds the soldier of the precarious tenure by which he holds his commission. But the attach- ment, naturally formed with a fixed portion of land, gradually begets the idea of sometliing like property, and makes the [jossessor forget his dependent situation, and the condition which was at first annexed to the grant. It seemed eipiitable, that one who had culti- vated and sowed a field should reap tlie harvest ; hence tiefs, which were at fir.st entirely precarious, were soon .nade annual. A man who had employed his money in building, planting, or other iiui)rovements, e.xpected to reap the Iniit.s of his labour or cxiiense : hence they were ne.xt granted during a term of years. It would be thought hard to e.xpel a man from his possessions who had always done his duty, and perrbrmed the condi- tions on which he originally r, ceived them: hence the chieftains, in a subsequent period, thought themselves entitled to demand the enjoyment of their feudal lands during life. It was found, that a man would more willingly e.\posc liiniself in battle, if a.ssured that his family should inherit his possessions, and should not be left by his death in want and poverty: hence nefswcre made hereditary in families, and descended, during one ago, to the son, then to the grandson, next to the bro- thers, and afterwards to more distant relations. The idea of property stole in gradually upon that of mili- tary pay; and each ce.ntury made some sensible addi- tion to the stability of fiefs and tenures. In all these successive acquisitions, the chief was supported by his vassals; who, having originally a strong connexion with him, augmented by the constant intercourse of good offices, and by the friendship aris- ing from vicinity and dependence, were incUued to follow their leader against all his enemies, and volim- tarily, in his private quarrels, paid him the same obe- dience to which, by tlieii- tenure, they were bound in foreign wars. While he daily advanced new preten- sions to secure the possession of his superior fief, they expjcted to find the same advautajje, in acquiring sta- bility to their subordinate ones; ar.d they zealously opposed the intrusion of a new lord, who would be in- clined, as he was fully entitled, to bestow the possession of their lands on his own favourites and retainers. Thus the authority of the sovereign gradually decayed; and each noble, fortified in his own territory by the at- tachment of his vassals, became too powerful to be ex- prllcd by an order from the throne ; and he secured by law what he had at first acquired by usur])ation. During this precarious state of the supreme power, a dift'erenco would immediately be experienced be- tween those portions of territory which were subjected to the feudal tenures, and those which were possessed by an allodial or free title. Though the latter posses- tions had at first been esteemed much preferable, they were soon found, by the progressive changes intro- duced into public and private law, to be of an inferior condition to the former. The possessors of a feudal territory, united by a regular subordination under one chief, and by the mutual attachments of the vassals, liad the same advantage over the proprietors of the other, that a disciplined army enjoys over a dispersed multitude ; and were enabled to commit with impunity all injuries on their defenceless neighbours. Every one, therefore, hastened to seek that i)rotection which he found so necessary ; and each allodial proprietor, resigning his possessions into the hands of the king, or of some nobleman respected for power or valour, received them back with the condition of feudal ser- vices, which, though a burden somewhat grievous, brought him ample compensation, by connecting him with the neighbouring proprietors, and placing him under the guardiansliip of a potent chieftain. The decay of the political government thus necessarily oc- nvsioned the extension of the feudal : the kingdoms of Europe were universally divided into baronies, and '■ .lese into inferior fiefs : and the attacnment of vasaals to their chief, which was at firet an essential part of the German manner.'?, was still supported by the samn causes from which it at first arose ; the necessity of mutual protection, and the continued intercourse, be- tween the head and the members, of benefits and services. But there was another circumstance which corrobo- rated these feudal dependencies, and tended to con- nect the vassals with their superior lord by an indis- soluble bond of union. The northern conquerors, as well as the more early Greeks and Romans, embraced a policy, M-hich is unavoidab'e to all nations that have made slender advances in lefinement : they every- where united the civil jurisdiction with the military power. Law, in its commencenu'iit, was not an intri- cate science, and was more governed by maxims of equity, which seem obvious to common sense, than by numerous and subtile jirinciples, applied to a variety of cases by profound reasonings from analogy. An ofKcer, though he had passed his life in the field, was able to determine all legal controversies which could occur within the district conmiitted to his charge; and his decisions were the most likely to meet with a prompt and ready obedience, from men who respected Ida person, and were accustomed to act under his com- mand. Tlie profit arising from punishments,whicliwere then chiefly pecuniary, wa.s another reason for Ids de- siring to retain the judicial [lOwer ; and when his fief became hereditary, this authority, which was essential to it, was also transmitted to his posterity. The counts and other magistrates, whose power was merely offi- cial, were tempted, in imitation of the feudal lords, whom they resembled in so many particulars, to ren- der their dignity perpetual and hereditary ; and in the decline of the regal power, they found no difficulty in making good theu- pretensions. After this manner the vast fabric of feudal subordination became quite soUd and comprehensive ; it formed everywhere an essen- tial part of the political constitution ; and the Norman and other barons, who followed the fortunes of Wil- liam, were so accustomed to it that they could scarcely form an idea of any other species of civil govern- ment.* The Saxons who conquered England, as they exter- minated the ancient inhabitants, and thought them- selves secured by the sea against new invaders, found it less requisite to maintain themselves in a military postnre: the quantity of land which they annexed to ofl^ces seems to have been of small value ; and for that reason continued the longer in its original situation, and was always possessed during pleasure by those who were entrusted with the comunuid. These conditions were too precarious to satisfy the Norman barons, who enjoyed more independent possessions and jurisdic- tions in their own country ; and William was obliged, in the new distribution of land, to copy the tenures, which w ero now become universal on the continent. England of a sudden became a feudal Icingdom ; and received all the advantages, and was exposed to all the inconveniences, incident to that species of civil polity. THE FEUDAL GOVERNMENT OF ENGLAND. According to the principles of the feudal law, the king was the supreme lord of the landed property : all possessors who enjoyed the fruits or revenue of any p.art of it, held those privileges, either mediately or immediately, of him ; and their property was conceived to be, in some degree, conditional. The land was still apjireheuded to be a sj)ecies of benefice, which was the original conception of a feudal property : and the vas- sal owed, in return for it, stated services to his baron, as the baron himself did for his land to the crown. • The ideas of the feudal co\Tnimcnt were so rooted, that c\-en lawycn, in tlio&e a^es, cuvvld nut fiwni a notion of any other constitution. •• KeguutD," (says Urwutn, lit. 3, ^p SI) " qtMxl & eomitatibii* e< turiuibiu diricur ease c-jnscitutuin.* 143 THE HISTORY OF ENGLAND. The vassal ivns obliged to (Icfciul his baron in wai-; anil tlic baron, at the head of his vassals, was bound to fight in dctVnce of the king and kingdom. But be- eides those miUtary services, wliicli were casual, there were others iniposed of a civil nature, wliieli were more constant and durable. The northern nations had no idea that any man, trained u]) to liouour and inured to arms, was ever to be governed, witliout his own consent, by the absolute will of another ; or that the administration of justice was ever to be exercised by the private opinion of any one magistrate, without the concurrence of some other persous, wliosc interest might induce them to check his arbitrai-y and iniquitous decisions. The king, therefore, when he found it necessary to demand any service of his barons or chief tenants, beyond what was due by their tenures, was obliged to assemble them, in order to obtain their con-wni: and when it was neces- sary to determine any controversy which might arise among the barons themselves, the question must bo discussed in tlieir presence, and be decided according to their ojiinion or (idvice. In these two circumstances of consent and advice, consisted chiefly the civil ser- vices of tlie ancient barons : and these implied all the considerable incidents of government. In one view the barons regarded this attendance as their principal privilei/c; in another, as a grievous burden. That no momentous aftairs could be transacted without their consent and advice, was in general esteemed the great security of their possessions and dignities : but as they reaped no immediate profit from their attendance at court, and were exposed to great inconvenience and charge by an absence from their own estates, every one was glad to exemi)t himself from each particular exertion of this power; and was pleased both that the call for that duty should seldom return upon him, and that otliers should undei-go the burden in his stead. The king, on the other hand, was usually anxi- ous, for several reasons, that the assembly of the barons i. should be full at every stated or casual meeting : this attendance was the chief badge of their subordination to his crown, and drew them from that independence which they were apt to affect in their own castles and manors ; and where the meeting was thin or ill at- tended, its determinations had less authority, and commanded not so ready an obedience from the whole community. The case was the same with the barons in their courts, as witli the king in the supreme council of the nation. It was reqi\isito to assendde the vassals, in order to determine by their vote any question v?hich regarded the barony; and they sat along with the chief in all trials, whether civil or criminal, which occurred within tlie limits of their jurisdiction. They were bound to pay suit and service at the court of their baron ; and as their tenure was military, and conse- quently honourable, they were admitted into his so- ciety, and partook of his friendship. Thus, a kingdom was considered only as a great barony, and a barony as a small );ingdom. The barons were peers to each other in the national council, and, in some degree, companions to the king: the vassals were peers to each other in the court of barony, and companions to their baron. But though this resemblance so far took place, the vassals, by the natural course of things, universally, in the feudal constitutions, fell into a greater subordina- tion under the baron, than the baron himself under his sovereign ; and these governments had a necessary and infallible tendency to augment the power of the nobles. The great chief, residing in his countiy-seat, which he was commonly allowed to fortify, lost, in a great mea- sure, his connexion or acquaintance with the prince ; and added e\Try day new force to his authority over the vassals of the barony. They received from him rducation in all military exercises : his hosjiitality in- \'ited them to live and enjoy society in his hall : their loieiire, wliicli was great, made them perpetual re- tainers on his person, and jiartakers of his countr) S])orts and amusements : they luid no means of grati. lying their ambition but by making a figure in hia train : his favour and countenance was their greatest honour: his dis]]ieasure exposed them to contempt and ignominy: and they felt every moment the neces- sity of his iM'otection, both in the controversies which occurred with otlier vassals, and, what was more ma- terial, in the daily inroads and injuries which wero committed by the neighbouring barons. Dui-ing tho time of general war, the sovereign, who inarched at the head of his armies, and was the great protector of the state, always acquired some accession to liis autho- rity, which he lost during the intervals of peace and tran(juillity : but the loose police, incident to the feudal constitutions, maintained a perpetual, though secret hostility, between the several members of the state ; and the vassals found no means of securing themselves against the injuries to which they were continually ex- posed, but by closely adhering to their chief, and fall- ing into a submissive dependerice uj)on him. If the feudal government was so little favourable to the true liberty even of the military vassal, it was still more destructive of the independence and security of the other members of the state, or what, in a proper sense, we call the people. A great part of them were serfs, aud lived in a state of absolute slavery or villain- age : the other inliahitants of the country paid their rent in services, which were in a great measure arbi- trary ; and they could expect no redress of injuries, in a court of barony, from men who thought they had a right to opjn-ess and tyrannize over them : the towns were situated eitlier witliin the demesnes of the king or the lands of the great barons, and wero almost en- tirely subjected to the absolute will of their master. The languishing state of commerce kept the inhabit- ants poor and contemptible ; and the political institu- tions were calculated to render that poverty perpetual. The barons and gentry, living in rustic plenty and hos- pitality, gave no encouragement to the arts, aud liad no demand for any of the more elaborate manufac- tures : every profession was held in contempt but that of arms : and if any merchant or manufacturer rose by industry and frugality to a degree of oi)ulence, he found himself but the more exposed to injuries, from the envy aiul avidity of the military nobles. These concurring causes gave the feudal governments so strong a bias towards aristocracy, that the royal authority was extremely eclipsed in all the European states ; and, instead of dreading the growth of monar- chical power, we might rather expect that the com- munity would everywhere crumble into so many inde- pendent baronies, aud lose the political union by which they were cemented. In elective monarchies, the event was commonly answerable to this expectation ; and the barons, gaining ground on every vacancy of the throne, raised themselves almost to a state of sovereignty, and sacrificed to their power both the rights of the crown and the liberties of the people. But hereditary mo- narchies had a priuci|ile of authority which was not so easily subverted ; and there were Several causes which still maintained a degree of influence in the liands of the sovereign. The greatest baron could never lose view entirely of those principles of the feudal constitution which bound him as a vassal, to stibmission and fealty towards his prince ; because he was e\ery moment obliged to have recourse to those principles, in exacting fealty and submission from his own vassals. The lesser barons, finding that the annihilation of royal authority left them exposed without protection, to the insults and injuries of more j)otent neigldjonrs, naturally ad- hered to the crown, and ]>romoted the execution of general aud equal laws. The pcojile liad still a stronger interest to desire the grandeur of the sovereign ; and the king, being the legal magistrate, who sulJFered by every internal convulsion or oppression, and who re- garded tho gi-eat nobles as his immediate rivals, as- APPENDIX II. 14? STimcJ the salutary office of general guardian or pro- tector of the commons. Besides tlie prerogatives witli which tli(^ law invested him, his large demesnes and numerous retainers rendered him, in one sense, the greatest haron in his kingdom ; and where he was pos- sessed of personal vigour and abilities, (for his situation required these advantages,) ho was commonly able to preserve his authority, and maintain his station as head of the community, and the chief fountain of law and justice. The first kings of the Norman race were favoured by another circumstance which preserved them from the encroacliments of their barons. They were generals of a conipiering army, which was obliged to continue in a military posture, and to maintain great subordin.ition under their leader, in order to secure themselves from the revolt of the numerous natives, whom they had be- reaved of all their properties and pi-ivileges. But though this circumstance sni>ported the authority of William and his immediate successors, and rendered them e.\tremely absolute, it Wiis lost as soon as the Norman barons began to incorporate with the nation, to acijuire a security in their possessions, and to fix their influence over their vassals, tenants, and slaves. And the immense foi'tunes which the Conqueror had bestowed on his chief captains, served to support their independence, and make them formidable to the sovereign. lie gave, for instance, to Hugh de Abrincis, his sister's son, the wliole county of Chester, which he erected into a palatinate, and rendered by his grant al- most independent of the crown. Itobcrt, earlof Mor- taigne, had !)73 manors and lordsliips : Allan, earl of Britanny and Richmond, 442 : Odo, bishop of Baieux, 43!) : tieof>'nn-, bishop of Coutauee, 200 : Walter GifFard, carl of Buckingham, 11)7 : William, earl Warrcnne, 29o, besides 28 towns or hamlets in Yorkshire : To- denei, 81 : Roger Bigod, 123: Robert, earl of Eu, 110 : Roger Mortimer, 132, besides several hamlets: Robert de Staflbrd, 130 : Walter do Hums, earl of Salisbm-y, 46 : OeoflVcy de Mandeville, 118 : Uiehard do Clare, 1/1: Hugh de Beauchani]), 47: Baldwin do Ridvers, 1C4: Henry deForrars, 222: William derorey,119: Norman d'Arcy,33.* Sir Henry Spelman computes, that in tljo large county of Norfolk, there ^ oi-e not, in the Con- queror's time, above sL\ty-sL\ proprietors of land. Men, possessed of such princely revenues and jurisdic- tions, could not long be retained in the rank of sub- jects. The great eai 1 of Warrcnne, in a subsequent reign, when he was questioned concerning his right to the lands which he possessed, drow his sword, which he pro,anious to give it any other representa- tion. Tliey stood in tlio same capacity to liini tliat lie and the otlier barons did to the king : tlio former were peers of t he barony ; the hitter were peers of tlie realm : the vassals possessed a subordinate rank witliin their district ; the baron enjoyed a superior dignity in the great assembly : they were in some degree liis com- panions at home; lie the king's companion at court: and nothing can be more evidently repugnant to all feu- dal ideas, and to that gradual subordination which was essential to those ancient institutions, than to imagine that the king would apply either for the advice or con- sent of men who were of a rank so much inferior, and whose duty was immediately paid to the mesne lord that was interposed between them and the throne. If it be unreasonable to think that the vass.als of a barony, though their tenure was military and noble and honoiu'able, were ever summoned to give their ojiinion in national councils, mxieh less can it be sup- jjosed that the tradesmen or inhabitants of boroughs, whose condition was so much inferior, would l)o admit- ted to that privilege. It appeal's from Domesday, tliat the greatest boroughs were, at the time of the Conquest, scarcely more than country villages; and that the inha- bitants Uved in entire dependence on the king or great lords, and were of a station little better than servile.* They were not then so much as incorporated ; they formed no community ; were not regarded as a body politic ; and being really nothing but a number of low dependent tradesmen, living without any particular civil tie, in neighbourhood together, they were in- capable of being represented in the states of the king- dom. Even in France, a cmmtry which made more early advances in aits and civility than in England, the first corporation is sixty years posterior to the con- quest under the duke of Normandy ; and the erecting of these communities was an invention of Louis the Gross, in order to tree the people from slavery under the lords, and to give them protection by means of certain privileges and a separate jurisdiction. An an- cient French writer calls them a new and wicked de- vice, to procure liberty to slaves, and encourage them in shaking off the dominion of their masters. The fa- mous charter, as it is called, of the Conqueror to the city of London, though granted at a time when he as- sumed the appearance of gentleness and lenity, is nothing but a letter of protection, and a declaration that the citizens should not be treated as slaves. By the English feudal law, the superior lord was prohi- bited from marrying his female ward to a burgess or a villain ; so near were these two ranks esteemed to each other, and so much inferior to the nobility and gentry. Besides possessing the advantages of birth, riches, civil powers and privileges, the nobles and gentlemeji alone were armed, a circumstance which gave them a mighty superiority, in an age when no- thing but the military profession was honourable, and when the loose execution of laws gave so much encou- ragement to open violence, and rendered it so decisive in all disputes and controversies. The great similarity among the feudal governments of Europe is well known to every nnin that has any acquaintance with ancient history; and the antiquaries of all foreign countries, where the question was never embarrassed by party disputes, have allowed, that the commons came very late to be admitted to a share in the legislative power. In Normandy particularly, whose constitution was most likely to be William's model in raising his new fabric of English government, the states were entirely composed of the clergy and nobility ; and the first incorporated boroughs in com- mimities of that dutchy were llolieu and Falaise, wliich enjoyed their privileges by a grant of Philip s " Liber homo" anciently signified n pentlcman : fo" scarce any one beside WUA entirely free. Sjielin. Gloss, iti veibo. Augustus in the year 1207. All the ancient English historians, when they mention the great council of the nation, call it an assembly of the baronage, nobility, or great men ; and none of their expressions, though several hundred passages might be produced, can. without the utmost violence, be tortured to a meaning which will admit the commons to be constituent mem- bers of that body.* If in the long period of 200 years, which el.apsed between the Conquest and the latter end of Henry III., and which abounded in factions, revo- lutions, and convulsions of all kinds, the house of com- mons never performed one single legislative act so con- siderable as to be once mentioned by any of the nu- merous historians of that age, they must have been totally insignificant : and in that case, what reason can be assigned for their ever being assembled ? Can it be supposed, that men of so little weight or importance possessed a negative voice against the king and the barons? Every p.age of the subsequent histories dis- covers their existence; though these histories are not written with greater accuracy than the preceding ones, and indeed scarcely equal them in that particular. The Maijnn Charlu of king.Iohn provides, that no senta"e or aid should be imposed, either on the land or towns, but by consent of the great council : and, for more se- curity, it enumerates the persons entitled to a seat in that assembly, the prelates and immediate tenants of the crown, without any mention of the commons: an authority so full, certain, and explicit, that nothing but the zeal of party could ever have procured credit to any contrary hypothesis. It was probably tlie example of the French barons which first emboldened the English to require greater independence from their sovereign : it is also probable, that the boroughs and corporations of England were established in imitation of those of France. It may, therefore, bo proposed as no unlikely conjecture, that both the cliief privileges of the peers in England and the hberty of the commons were originally the growth of that foreign country. In ancient times, men were little solicitous to obtain a place in the legislative assemblies ; and rather re- garded their attendance as a burden, which was not compensated by any retm-n of profit or honour pro- portionate to the trouble and exjiense. The only rea- son for instituting those public councils w.is, on the part of the suliject, that they desired some security from the attempts of arbitrary [lower; and on the part of the sovereign, that he despaired of governing men of such independent spirits without their own consent and concurrence. But the commons, or the inhabit- ants of boroughs, had not as yet reached such a degree of consideration as to desii'e secvrity against their prince, or to imagine, that even if they were assem- bled in a representative body, they had power or rank suflicient to enforce it. The only protection which they aspired to, was against the immediate violence and in- justice of their fellow-citizens; and this advantage eacli of them loolced for from the courts of justice, or from the autliority of some great lord, to whom, by law or his own choice, he was attached. On the other hand, the sovereign was sufficiently assured of obe- dience in the whole community, if he procured the concurrence of the nobles ; nor had he reason to appre- hend that any order of the state could resist his and their united authority. The militai'y sub-vassals could entertain no idea of opposing both their prince and their superiors : the burgesses and tradesmen could much less aspire to such a thought : and thus, even if * Sometimes tlic Iiistori.ins mentinn the pcopic. populus, as a part of the par- liament; liui they always mean the laity, in npposiULn to liic fler(,'y. Some- times the Wert! co/»njMnirat is found ; bntitaln;iys nu-nns ciwimunilfi'i hltron- g'd. These [Kiintsaie clearly proved by Dr.llrady. There is nlstMncntion some- times msde of a crowd or multitude V at tliMinf;ed into the f^rc.it council on particular interesrinfc' occasions ; but as deputies front boroUf,'hs are ncvci once spolte 01", the riroof that tbcy had not then anv existence, becomes the mote certain and undeniable. '1 hcse never could make a crowd, as they must have liad a regular place assigned tl.rm. if they bad made a regular part of the le- gislatii'c I ody. There were only KIO boroughs who rtrcivcd wiitsi,( summons Imm Kd\card I. It is expressly said in Gesta Keg, Steph. p, !);J9, that it wag usual for tlie populace, vulgus, to crowd into the great councils; wtiero tll^y were plainly mere spectators, and could onlv gratify theit curlotaty APPENDIX ir. 151 liistory wore sHent on llie head, we have reason to conclude, from the known situation of society during those ages, that the commons were never admitted as memhers of the legislative hody. The executive power of the Anglo-Norman govern- ment was lodged in the king. Besides the stated meetings of the national council at the three great festivals of Christmas, Kaster, and Whitsuntide, he was accustomed, on any sudden exigence, to summon them together, lie could at his jjleasure command the attendance of his barons and their vassals, in which consisted the mihtary force of the Idngdom ; and could employ thorn, during forty days, either in resisting a foreign enemy, or reducing his rebellio\is subjects. And, what was of great importance, the whole judicial power was ultimately in liis hands, and was exercised by officers and ministers of his appointment. JUDICIAL POWER. The general plan of the Anglo-Xorman goverumoul was, that the court of barony was appointed to decide such controversies as arose between the several vassals or subjects of the same barony ; the hundred-court and county-court, which were still continued as during the Saxon times, to judge between the subjects of difterent baronies ; * and the curia ret/is, or king's court, to give sentence among the barons themselves. But this plan, though simple, was attended with some circumstances which, being derived from a very extensive authority assumed by the Conqueror, contributed to increase the royal prerogative; and as long as the state was not disturbed by arms, reduced every order of the commu- nity to some degree of dependence and subordination. The king himself often sat in his court, which always attended his person : he there heard causes, and pro- nounced judgment ; and though he was assisted by the advice ot the other members, it is not to be imagined that a decision could easily be obtained contrary to his inclination or opinion. In his absence the chief justi- ciary presided, who was the first nuigistrate in the state, and a kind of viceroy, on whom depended all the civil aflairs of the Idngdom. The other chief offi- cers of the crown, the constable, mareschal, seneschal, chamberlain, treasurer, and chancellor.t were members, togetlier with such feudal barons as thought proper to attend, and the barons of the exchequer, wlio at first were also feudal barons appointed by the king. This court, which was sometimes called the king's comt, sometimes the court of exchequer, judged in all causes, civil and criminal, and comprehended the whole busi- ness which is now shared out among four courts — the Chancery, the King's Bench, the Common Pleas, and the Exchequer. Such an acoimulation of powers was itself a great source of authority, and rendered the jurisdiction of the court formidable to all the subjects ; but the turn which judicial trials took soon after the conquest, served still more to increase its authority, and to aug- ment the royal prerogatives. William, among the other violent changes which he attempted and effected, had introduced the Norman law into England, had or- dered all the pleadings to be in that tongue, and had interwoven with the English jurisprudence, all the maxims and principles which the Normans, more ad- vanced in cultivation, and naturally litigious, mre ac- • None of the feudal governments in Europe had sueh instiuitiotis as the county-couiTS, which ihe great avitlionty of the t^oiiquervjr still retained from the Saxon customs. All the freeholders of the c^^unty, even the grcalesi banms, were ohliyed to attend the sheriffs in these courts, and to assist them in the administration of justice. Hy these mrans the. receitfd frequent and sensible admonitions of their dependence on tile kins or supicme magistrate: thty formed a kind of community with their fellow barons and freeholders ; they were often drawn from thar itidiviilual and independent swtc, peculiar t<:) and. the feudal system ; and ivere made members of a political hody ; ar perhaps, this inslitutitm .if countj -courts in t:ngland his had grtater effects the government than has yet been distinctly pointed out by histonatis, or tiBcvd by antiquaries. The barons were never able to tree themselves from this attendance ou the shciiffsand itinerant justices till the Kign of Henry the Third. j v t t The Nonuans introduced the pniclice of sealing charters : and the chaii- cdWs ofno! ivfu to ketp the Grtat Sai.— Ingulf. Dugtt. p. 33, 34. customed to observe in the distribution of justice. Law now became a science, which at first fell entirelj into the hands of the Normans; and which, even after it was commi.-niiated to the English, required so much study and application, that the laity, in those ignorant ages, were incapable of attaining it; and it was a mys- tery almost solely confined to the clergy, and chiefly to the monks. The great offictrs of the crown, and the feudal barons, who were military men, found them- selves unfit to penetrate into those obscurities; and though they were entitled to a scat in the supreme ju- dicature, the business of the court was wholly ma- naged by the chief justiciary and the law barons, who were men apiiointed by the king, and entirely at his disposal. This natural course of things was forwarded by the multiplicity of business which flowed into that court, and which daily augmented by the appeals from all the subordinate judicatures of the kingdom. In the Saxon times, no apjieal was received in the king's court, except upon the denial or delay of justice by the inferior courts ; and the same practice was still observed in most of the feudal kingdoms of Europe. But the great power of the Conqueror estabUshed at | fii-st in England an authority which the monarchs in j France were not able to attain till the reign of St. Louis, j who lived near two centuries after : he empowered liis court to receive both appeals from the courts of barony and the county-courts, and by that means brought the ad- ministration of justice ultimately into the hands of the sovereign. And lest the expense or trouble of a jour- ney to court should discourage suitors, and make them acquiesce in the decision of the inferior judicatures, itinerant judges were afterwards established, who made their circuits throughout tlie kingdom, and tried all causes that were brought before them.* By this ex- pedient the courts of barony were kept in awe ; and if they still preserved some influence, it was only from the" apprehensions which the va.ssals might entertain of disobliging their superior, by appealing from his juris- diction. But the county-courts were much discredited ; and as the freeholders were found ignorant of the intri- cate principles and forms of the new law, the lawyers gradually brought all business before the king's judges, and abandoned the ancient simple and popular judica- ture. After this manner the formalities of justice, width, though they appear tedious and cumberaome, are found requisite to the support of liberty in all mo- naj-chical governments, proved at first, by a combin.a- tion of causes, very advantageous to royal authority in r.ngland. REVENUE OF THE CROWN. The power of the Norman kings was also much sup- ported by a great revenue ; and by a revenue that was fixed, perpetual, and independent of the subject. The people, without betaking themselves to arms, had no check upon the king, and no regular security for the due administration of justice. In those days of vio- lence, many instances of oppression passed unheeded ; and soon after were openly pleaded as precedents which is was unlawful to dispute or control. Princes and ministers were too ignorant to be themselves sensible of the advantages attending an equitable administra- tion, and there was no established council or assembly wliich could protect the people, and, by withdrawing supplies, roguhirly and jieaceably admonish the king of his duty, and ensure the execution of the laws. The first branch of the king's stated revenue was the roval demesnes or crown-lands, wliich were very ex- tensive, and comprehended, beside a great number of manors, most of the chief cities of the kingdom. It was estabhshed by law, that the king could alienate no part of his demesne, and that he himself or his succes- • What made the Anglo-Norman barons more readily submit to appeals from their court to the kind's ctmn of exchequer, was their bcinf,- accustc JU-.1 Ui like appeals in Normandy to the duealmurt - fcxcliequer. See CilbCTt's Histoo' of the Exchequer, p. I, 2 ; though the author thinks it rtuuDCiiU whether the Nonuan court was act rather copded from the English p. G 152 THE HISTORY OF ENGLAND. sor could at any lime resume sucli donations ; but this law was never roirularlv observed, wliich Iiaiipily ren- dered in time tlie erown somewhat more dependent. Tlie rent of the erown-lands, considered merely as so ■much riches, was a source of power ; the infiucnce of the king over his tenants and the inhabitants of his towns, increased this power ; but the other numerous branches of his revenue, besides supplying his treasury, gave, by their very nature, a great latitude to arbitrary authority, and were a sujiport of the prerogative, as will appear from an enumeration of them. The king was never content with the stated rents, but levied heavy talliages at pleasure on the inhaliitaiits both of town and country, who lived within his de- mesne. All bargains of sale, in order to prevent theft, being prohibited, except in boroughs and puMie mar- kets, he pretended to exact tolls on all goods which were there sold. lie seized two hogsheads, one before, and one behind the mast, from every ves.sel that im- ported wine. All goods paid to his customs a propor- tionable part of their value : * passage over bridges and on rivers was loaded with tolls at pleasure ; and though the boroughs by degrees bought the liberty of farming these impositions, yet the revenue profited by these bargains ; new" sums were often exacted for the re- newal and confirmation of their charters, and the peo- ple were thus held in perpetual dependence. Such was the situation of the inhabitants within the royal demesnes. But the possessors of land, or the inilitaiy tenants, though they were better protected both by law and by the great privilege of earn-ing arms, were, from the nature of their tenures, much ex- posed to the inroads of power, and possessed not what we shoiJd esteem, in our age, a very durable security. The Conqueror ordained that the barons should be obliged to pay nothing beyond their stated services, except a reasonable aid to ransom his person if he were taken in war, to make his eldest son a knight, and to marry his eldest daughtei. What should on these occasions be deemed a reasoiiable aid, was not determined ; and the demands of the crown were so discretionary. The king coidd require in war the personal attend- ance of his vassals, that is, of almost all the landed proprietors ; and if they declined the service, they were obliged to pay him a composition in money, which was called a scutage. The sum was, during some reigns, precarious and uncertain ; it was sometimes levied without allowing the vassal the liberty of per- sonal semce ; and it was a usual artifice of the king's to pretend an expedition, that he might be entitled to levy the scutage from his military tenants. Danegelt was another species of land-tax leAied by the early Norman kings, arbitrarily, and contrary to the laws of the Conqueror. Jloneyage was also a general land-ta.\ of the same nature, levied by the two first Norman kings, and abolished by the charter of Ileury I. It was a shilling paid every three years by each hearth, to induce the Iviug not to use his prerogative in debasing the coin. Indeed it appears from that charter, that though the Conqueror had granted his military tenants an immunity from all taxes and talliages, he aud his son WilUam bad never thought themselves hound to observe that rule, but had levied impositions at plea- sure on all the lauded estates of the kingdom. The utmost that Henry grants is, that the land cidtivated by the military tenant himself, shall not be so burden- ed ; hut he reserves the power of taxing the fanners ; and as it is known that Henry's charter was never observed in any one article, we may be assured that this prince and his successors retracted even this small indulgence, and levied arbitrary impositions on all the lands of all their subjects. These ta.xes were some- times very heavy, since Malmesbui-y tells u.s, that in the reign of William Rufus, the farmers, on account of tliem, abandoned tillage, and a famine ensued. • Thifiaiitlior saya a fiftecilUi. But it is not easy to reconcile this account to otlier autlio.'iucb The escheats were a great branch both of power and of revenue, especially during the first reigns after the conquest. In default of posterity from the first baron, his land reverted to the crown, and continually aug- mented the king's possessions. The prince had indeed by law a power of alienating these escheats ; but by this means lie had an opportunity of establishing the fortunes of his friends and servants, and thereby en- larging bis authority. Sometimes he retained them in his own hands, and they were gradually confounded whli the royal demesnes, and became ditficnlt to be distinguished from them. This confusion is probably the reason why the king acquired the right of alienatinw his demesnes. But besides escheats fiom default of heirs, those which ensued from crimes, or breach of duty towards the superior lord were frequent in ancient times. If the vassal, being thrice summoned to attend his supe- rior's court, and do fealty, neglected or refused obedi- ence, he forfeited all title to his land. If he denied his tenure, or refused his serWce, he was exposed to the same penalty. If he sold his estate without licence from his lord, or if he sold it upon any other tenure or title than that by which he himself held it, he lost all right to it. The adhering to his lord's enemies, desert- ing him in war, betraying his secrets, debauching liis wife or his near relations, or even using indecent free- doms with them, might be punished by foi-feiture. The higher crimes, rape, robbery, murder, arson, &c. were called felony ; and being interpreted want of fidelity to his lord, made him lose his fief. Even where the felon was vassal to a baron, though his immediate lord enjoyed the forfeiture, the king might retain possessiou of his estate during a twelvemonth, and had the right of spoiling and destroying it, unless the baron paid him a reasonable composition. "We have not here cnn- merated all the species of felouies, or of crimes by which forfeiture was incurred ; we have said enough to prove, that the possession of feudal piroperty was anciently somewhat precarious, and that the primary idea was never lost, of its being a kind of fee or benefice. AVhen a baron died, the king immediately took pos- session of the estate ; and the heir, before he recovered his right, was obliged to make application to the crown, and desire that he might be admitted to do homage for his land, and pay a composition to the king. This composition was not at first fixed by law, at least by practice : the king was often exorbitant in his de- mands, and kept possessiou of the land till they were complied with. If the heir were a minor, the king retained the whole profit of the estate till his majority ; and might grant what sum he thought proper for the education and maintenance of the young baron. This practice was also founded on the notion that a fief was a benefice, and that wliile the heir could not peifunn his military services, the revenue devolved to the superior, who employed another in his stead. It is obvious, that a great projjortion of the landed property must, by means of this device, be continually in the hands of the prince, and that all the noble families were thereby held in perpetual dependence. When the king granted the wardship of a rich heir to any one, he had the oppor- tunity of enriching a favourite or minister ; if he sold it, he thereby levied a considerable sum of money. Simon de Jlountfort paid Henry III. 10,000 marks, an immense sum in those days, for the wardship of Gilbert de Umfreville. Geoffrey de JIandcvillo paid to the same prince the sum of 20,000 marks, that he might marr}- Isabel, countess of Gloucester, and possess all her lands and knights' fees. Tliis sum would be equi- valent to 300,000, perhaps 400,000 pounds in our time. If the heir were a female, the king was entitled to offer her any husbaud of her rank he thought proper ; and if she refused him, she forfeited her laud. Even a male heir could not man-}* without the royal consent ; aud it was usual for men to pay large sums for the liberty of making their own choice in marriage. No APPENDIX II. \6l\ man could dispose of liis land, eitlier liy sale or will, v/ithout the consent of liis siiperioi'. Ttie possessor was never considered as full ]>roiinctor ; he was still a kind of beneficiary, and could not oblige his superior to accept of any vassal that was not agreeable to him. Fines, amerciaments, and oblatas, as tliey were called, were another considerable branch of the royal power and revenue. The ancient records of the exchequer, which are still preserved, give surjirising accounts of tile numerous tines and amerciaments levied in those days, and of the strange inventions fallen upon to exact money from the subject. It appears that the ancient kings of England put themselves entirely on the foot of the barbarous Kastern iirinces, whom no man must appi'oach without a present, who sell all their good ofSces, anen justice was avowedly bought and sold : the king's court itself, though the supremejudicature of the king- dom, was open to none that brought not presents to the king ; the bribes given for the expedition, delay, suspension, and, doubtless, for the ])erversion of justice, were entered in the public registers of the royal re- venue, and remain as monuments of the perpetual iniquity and tyranny of the times. The barons of the exchequer, for instance, the first nobility of the king- dom, were not ashamed to insert, as an article in their records, that the county of Norfolk paid a sum that they might be fairly dealt with ; the borough of Yar- mouth, that the king's charters, which they have for their liberties, might not he violated ; Richard, son of Gilbert, for the king's helping him to recover his debt from the Jews ; ' Serlo, son of Terlavaston, that he might be permitted to make his defence, in case he were accused of a certain honncido ; Walter de Cur- ton, for free law, if accused of wounding another ; llobert de l''.ssart, for having an inquest to find whether lioger the Butcher, and Wace, and Humphrey, accused him of robbery and theft out of envy and ill-will or not; Wilhani Buhurst, for having an inquest to find whether he were accused of the death of one Godwin, out of ill-will, or for just cause. I have selected these few instances from a great number of a like kind, which Madox had selected from a still greater number, prc- seiTed in the ancient rolls of the exchequer. Sometimes the party litigant ofl'ered the king a cer- tain portion, a half, a tliird, a fourtli, j)ayable out of the debts which he, as the executor of justice, should assist him in recovering. Theophania de Westland agreed to pay the half of 212 marks, that she might recover that sum against James de Fughloston ; Solomon, the Jew, engaged to pay one mark out of every seven that lie should recover against Hugh de la Hose ; Nicholas Morrel promised to pay sixty pounds, that the earl of I'landcrs might be distrained to ]iay liiin 343 pounds, which the earl had taken from him ; and these sixty pounds were to be paid out of the fiist money that Nicholas should recover from the earl. As the king assumed the entire power over trade, he was to be pai, t s":*' 'uni "' ■-•■">'= >'*?'• muttons to obtain his confirmation for certain lands, or whether Itoger took them from him by violenco : Geoffrey Fitz-rierre,tlie chief justiciary, gave twogood Norway hawks, that Walter de Madiiie might have leave to export a hundred weight of cheese out of the king's douiinions. It is really amusing to remark the strange business in wbieh the king sometimes interfered, and never without a jiresent : the wife of Hugh de Neville gave the king 200 lieus, that she miglit lie with her husband one night ; and she brought with lier two sureties, who answered each for a hundred hens. It is j)rohablethat her husband was a prisoner, which debarred her from having access to hini. The abbot of Kucford jiaid ten marks for leave to erect bouses and place men upon his land near Welhang, in order to secure his wood tliere from being stolen. Hugh, arcli-.Ieacon of Wells, gave one tun of wine for leave to carry 000 sums of com whither he would. Peter de I'oraris gave twenty marlis for leave to salt fishes, as Peter Chevalier used to do. It was usual to pay high fines, in order to gain the king's good-will, or mitigate his anger. In the reign of llenry II., Gilbert, the son of Fergus, fines in 919 pounds 9 shiUings, to obtain that prince's favour ; ^\'illiam de Chataignes a thousand marks, that he would remit his displeasure. In the reign of Henry III. the city of London fines in no less a sum tlian 20,000 pounds on the same account. The king's protection and good offices of every kind were bought and sold. Robert Grislet paid twenty marks of silver, that the king would help him against the earl of Jlortaigiie in a certain plea : Robert de Cuudet gave thirty marks of silver, that the king would bring him to an accord with the bishop of Lincoln : Raljili de Breckham gave a hawk, that the king would protect him ; and this is a very frequent reason for payments : John, sou of Ordgar, gave a Norway hawk to have the king's request to the king of Norway, to let him have his brother Godard's chattels : Richard de Neville gave tw eiity palfreys to obtain the king's request to Isolda Bisset, that she sliould take him for a husband : Roger Fitz-Walter gave three good pal- freys to have the king's letter to Roger Bertram's mother, that she should marry him. Fling, the dean, ))aid 100 marks, that his whore and his children might he let out upon bail : the bishop of Winchester gave one tun of good wine for his not putting tlie king in mind to give a girdle to the countess of Albemarle : Robert de Veaux gave five of the best palfreys, that the king would hold his tongue about llenry Pinel's wife. There are, in therecordsof the exchequer, many other singular- iustanees of a like nature.* It will, however, be just to remark, that the same ridiculous practices and dangerous abuses prevailed in Normandy, and probably in all the other states of Europe : Eng- land wap not, in this respect, more barbarous than its neighbours. These iniquitous practices of the Norman kings were so well known, that on the death of Hugh Bigod, in the reign of Henry II., the best and most just of these princes, the eldest son and the widow of this nobleman came to court, and strove, by offering large • We shall gratify tlie renders ciirlt-sity ty subjoining a feu- more instances from Ma'lox, p. 55-' ; — Ihiiili Oivl \vast»igivetlieltinptivon>bes(ifa ^oo of his heirs; And if Jonlan oli- taincd the same, be was to pay the twenty marks, otherwise not. Madait Hurt- i/BioA. p. .•»'(. 151 THE HISTORY OF ENGLAND. presents to tlic king, each of them to acquire possession of that ridi inheritance. Tlie king was so equitable as to order the cause to bo tried by tlie groat council ! But in the mean time he seized all the money and trea- sure of tlie deceased. Peter of Blois, a judicious and even an elegant writer for that age, gives a pathetic descri])tion of the venality of justice, and the oppres- sions of the poor under the reign of Henry ; and he scruples not to complain to the king himself of these abuses. We may judge what the case would be under the government of worse princes. The articles of in- quiry concerning the conduct of sherilfs, which Henry promulgtited in 1170, show the great power, as well as the licentiousness of these cflicers. Amerciaments or fines for crimes and trespasses were another considerable branch of the royal revenue. Most crimes were atoned for by money ; tlie fines im- posed were not limited by any rule or statute ; and frequently occasioned the total ruin of the person, even for the slightest trespasses. The forest-laws, jiarticu- l.arly, were a great soiu'ce of oppression. The king possessed sixty-eight forests, thirteen chases, and seven hundred and eighty-one parks, in different parts of England ; and, considering the extreme passion of the Enghsh and Xormans for hunting, these were so many snares laid for the people, by which they were allured into tresp.i.sses, and brought within the reach of arbi- trary and rigorous laws, which the king had thought proper to enact by his own authority. But the most barefaced acts of tyranny and oppres- sion were practised against the Jews, who were en- tirely out of the protection of law, were extremely odious from the bigotry of the people, and were aban- doned to the immeasurable rapacity of the king and his ministers. I!esides many other indignities to wliieli they were continually exposed, it appears that th 'v were once all thrown into prison, and the sum of (iC,0(il) marks exacted for their liberty : ' at another time, Isaac the Jew paid alone 5100 marks ; Brun, 3000 marks ; Jurnet,2000 ; Bennet, 500 : at another, Licorica, widow of David, the Jew of Oxford, was required to pay 6000 marks ; and she was delivered over to six of the richest and discreetest Jews in England, who were to answer for the sum. Henry III. borrowed 5000 marks from the carl of Cornwall, and for his repayment consigned over to him all the Jews in England. The revenue arising from exactions upon this nation was so consi- derable, that there w.as a particular coiu-t of exchequer set apart for managing it. COMIHERCE. We may judge concerning the low state of commerce among the English, when the Jews, notwithstanding these oppressions, could still find their account in trading among them, and lending them money. And as the improvements of agriculture were also much checked by the immense possessions of the nobility, by the disorders of the times, and by the jn'ecarious state of feudal property, it appears that industry of no kind could then have place in the kingdom, t It is asserted bySirllarry Spelman,^ as an undoubt- ed truth, that, during the reigns of the first Norman prhices, eveiy edict of the king, issued with the cousen t of his privy-council, had the full force of law. But the barons, surely, were not so passive as to entrust a power, entirely arbitrary and despotic into the hands of the sovereign. It only appears, that the constitution had not fixed any precise boundaries to the royal power; that the right of issuing procliimations on any emer- gence, and of exacting obedience to them, a right whicli was always sujiposed inherent in tl'.e crown, is very • This happened in the re'sn of king .John. t We learn from the extracts Riven us of Dnmcsday by Hradv, in his Trea- tise of lloroughs. that almost all the hnmuKhs of ICnKland had'sufferc. in the slioclt of the conquest, and had extremely liceayedi between the death of tile Confessor, and tlie time when Uomcsilay was framed. t (;loss. 171 eerb. ..udicium Dei. The author of the Mirror des Juailrrj complains, that ordinances are only made by tlx: kinK and his clerks, and by aliens and others, who dare not con radict tile kioK, iiut study to iiieasc him. Wbejicc, he concludes, laws arc o^telier dictated by will, tlian (iiuodcd on rifbt difficult to be distinguished from a legislative authority, that the extreme imperfection of the ancient laws, and the sudden exigencies which often occuiTed in such turbulent governments, obliged the prince to exert frequently the latent powers of his prerogative ; lliat he naturally proceeded, from the acquiescence of tho people, to assume, in many particulars of moment, an authority from which he had excluded himself by ex- [U'ess statutes, charters, or concessions, and which was, in the main, repugnant to tlie general genius of the constitution ; and that the lives, the personal liberty, and the properties of all his subjects, were less secured by law against the exertion of his arbitraiy authority, than by the independent power and private connexions of each individual. It appears from the Great Charter itself, that not only John, a tyrannical prince, and Richard, a violent one, but their fiither Henry, under whose reign the prevalence of gross abuses is the least to be suspected, were accustomed, from their sole au- thority, Avithout process of law, to imprison, banish, and attaint the freemen of their kingdom. A gre.at baron, in ancient times, considered himself as a kind of sovereign witliin his territory ; and was attended by courtiers and dependents more zealously attached to him than the ministers of state and the great officers were commonly to their sovereign. He often maintained in his court the parade of royalty, by estab- lishing a justiciary, constable, mareschal, chamberlain, seneschal, and chancellor, and assigning to each of these officers a separate province and command. He was usually veiy assiduous in exercising his jurisdiction ; anil took such delight in that image of sovereignty, that it was found necessary to restrain his activity, and prohibit him by law from holding courts too frequently. It is not to be doubted, but the example set him by the prince, of a mercenary and sordid extortion, would bo faithfully copied : and that all his good and bad offices, his justice and injustice, were equally put to sale. He had the power, with the king's consent, to exact talli- ages even from the free citizens who lived within his barony ; and as his necessities made him rapacious, his authority was usually found to be more oppressive and tyrannical than that of the sovereign : he was ever engaged in hereditary or jierson.al animosities or con- federacies with his neighbours, and often gave protec- tion to all desperate adventurers and criminals who could be useful in serving his violent purposes. He was able alone, in times of tranquillity, to obstruct the e.xecution of justice within his territories ; and by com- bining with a few malcontent barons of high rank and power, he could tlirow the state into convulsions. And, on the whole, though the royal authority was confined within bounds, and often within very n.arrow ones, yet the check was irregular, and frequently the source of great disorders ; nor was it derived from the liberty of the people, but from the military power of many petty tyrants, who were equally dangerous to the prince, and oppressive to the subject. THE CHURCH. The power of the church was another rampart against royal authority ; but this defence was also the cause of many mischiefs and inconveniences. The dignified clergy, perhaps, were not so prone to immedhite vio- lence as the barons ; but as they pretended to a total independence on the state, and could always cover them- selves with the ajjpearances of religion, they proved, in one respect, an obstruction to the settlement of the kingdom, and to the regular e.xecuti o n of the laws. The policy of the Conqueror was in this particular liable to some exception, lie augmented the superstitious vene- ration for Rome, to which that age was so much in- clined ; and he broke those bands of connexion, which, in the Saxon times, had preserved an union betweeu the lay and the clerical orders. He prohibited the bishops from sitting in the county-courts ; he allowed ecclesia%'ical causes to be tried in spiritual courts only ; Chap. XII.] HENRY III. 1216—1272. 15,5 and he so much ONaltcd the power of the clerpy, that of 00,21.5 kiii^'hts' fees, into wliicli he divided Eii;;laiid, he placed no less than 28,015 under the church." CIVIL L.WVS. The ri<;lit of priinnfjeiiiture was introduced with the feudal law : an institutidii which is hurtful, by ]iro- ducing and maintaining; an unequal division of private property, hut is advantageous in another respect, by accustoming the peojile to a preference in favour of the eldest son, and thereby preventing a partition or dis- puted succession in the monarcliy. The Normans in- troduced the use of sir-names, wliich tend to preserve the knowled^^e of families and pedigrees. They abo- lished none of the old, absurd methods of trial by the cross or ordeal ; and they added a new absurdity, the tri.al by single-combat, which became a regular part of jurisprudence, and wiis conducted with all the order, methnd, devotion, and solemnity imtigin.able.t The ide.as of chivalry also seem tii have been imported by the Nor- mans : no tr.aces of those fantastic notious are to be found among the plain and rustic Saxons. MANNERS. The feudal institutions, by raising the military te- nants to a kind of sovereign dignity, by rendering per- sonal strength and valour recjuisite, and by making every knight and baron his own protector and avenger, i begat that martial pride and sense of honour, which, being cultiv.ated and embellished by the poets and ro- mance-writers of the age, ended in chivalry. The virtuous knight fought not only in his own quarrel, but in that of the innocent, of the helpless, and, above all, of the fair, whom ho supposed to be for ever under the guardianship of his valiant arm. The uncourteous knight who, from liis castle, exercised robbery on travellers, and committed violence on virgins, was the object of his perpetual indignation ; and he put him to de.ath without s'cruplc, or trial, or appeal, wherever Ue met witli him. The great independence of men made pei-sonal honour .and fidelity the chief tie among them, and rendered it the capital virtue of every true knight, or genuine professor of chivalry. Tlie .solemnities of single-combat, as established by law, banished the no- • We are not to imagine, na some hnve done, that the church possessed lands in this proportion, hut only that the; and their vassals enjoyed such a proportionable part of the landed property. t The last instance of these duels «as in the 15th of Eliz. : so Ion;; di 2 that absurdity exist. tion of everything unfair or unequal in rcneoiintors ; and maintained an ajipearancc of courtesy between tho comli.atants, till the moment of their engagement. The credulity of the age grafted on this stock the notion of giants, enchanters, dragons, spells,' and a thousand wonders, which still multiplied during the times of the Crusades; when men, returning from so great a dis- tance, used tho liberty of imposing every Action on their believing audience. These ideas of chivalry in- fected tho writings, conversation, and behaviour of men, during some ages ; and even after they were, in a great measure, banished by the revival of le.irrJn|f, they left modern ga/hnlri/and thcpoi;irons Simon de Mnuntfoir, tnrl of Leiccs'cr Provisions of tixf. rU Usurpation of the Uaroiis i'rince KilwaJtl Civil Wais of the Hartios Keterttnce to the King of i-'rance Kenewal of the Civil Wars Itattle of Lewi-s House of Commons liattlc of Kvesb.\m, and Death of Leicester S.ttle- mentof the Government Death and CharrtCter of the King .Mis- txliaiieous Transactions of chisKcign. 121': TVT^''''' ^''''""'"^i '" proportion as tliey increase IVX and itnprove, invent methods by which they facilitate their reasonings ; and, employing gene- ral theorems, aj-e enabled to comprehend, in a few propositions, a great number of inferences and conclu- sions. History also, being .a collection of facts wliich are multiplying without end, is obliged to adojit such arts of abridgement, to retain the more material events, and to drop all the miimte circumstances, which are only interesting during the time, or to the i)ersons engaged in the transactions. This truth is nowhere more evident than with regard to the reign upon which we are going to enter. What mortal could have the patience to write or read a long detail of such frivolous events as those with which it is filled, or attend to a tedious naiTative which would follow, through a sei'ies of fifty-six years, the caprices and weaknesses of so mean a prince as Henry ? The chief reason why Pro- testant writers have been so anxious to spread out the incidents of this reign is, in order to expose the ra- pacity, ambition, and artifices of the court of Rome; and to prove that the great tlignitaries of the Catholic church, while they pretended to have nothing in view hut the salvation of souls, had bent all their attention to the acquisition of riches, and were restrained by no sense of justice or of honour in the pursuit of th.at great object. l!ut this conclusion ■would readily be al lowed them, though it were not illustrated liy snch a detail of uninteresting incidents ; and follows, indeed, by an eviilcnt necessity, from the very situation in which that church was placed with regtird to the rest of ICurope. For, besides that ecclesiastical power, as 156 TIIK HISTORY OF ENGLAND. [Chai-. XLl. It rtiii always cover its operations under a cloak of sanctity, and attacks men on the side where tlicy dare not eniii'.oy tlicir reason, lies less under control than civil government — besides this genei-al cause, I say, the ]H)|)e and his courtiers were tbreigncrs to most of tlie diurihes which they governed ; they could not pos- sibly have any other object than to pillage the pro- vinces for present gain ; and as they lived at a distance, they would be little awed by shame or remorse, in employing every lucrative expedient which was sug- gested to them. Kngland being one of the most re- mote provinces attaclied to the Romish hierarchy, as well as the most i)rone to superstition, felt severely, during this reign, while its patience was not yet fully exhausted, the influence of these causes ; and we shall often have occasion to touch cursorily upon such inci- dents. But we shall not attempt to comprehend every transaction transmitted to us; and till the end of the reign, when the events become more memorable, we shall not always observe an exact chronological order in our luvrration. SETTLEMENT OF THE GOVERNMENT. The earl of Pembroke, who, at the time of John's death, was mareschal of England, was by his office at the head of the armies, and consequently, during a state of civil wars and convulsions, at tlie head of the government ; and it hai)pened fortunately for the young monarch and for the nation, that the jiower could not have been intrusted into more able and more laithful lumds. This nobleman, who had maintained his loy- alty unshaken to John during the lowest fortune of that monarch, determined to support the authority of the infant prince ; nor was he dismayed at the numberand violence of his enemies. Sensible that Henry, agree- able to the prejudices of the times, would not be deemed a sovereign till crowned and anointed by a churchman, he immediately carried the young prince to Gloucester, where the ceremony of coronation was performed, (28th October,) in the presence of Gualo the legate, and of a few noblemen, by the bishops of Winchester and Bath. As tlie coucuri-ence of the papal authority was requisite to sujiport the totter- ing throne, Henry was obliged to swear fealty to the pope, and renew that homage to wdiich his fatlicr had already subjected the kingdom : and in order to enlarge the authority of I'emhroke, and to give him a more regular and legal title to it, a general council of the barons was soon after summoned at Bristol, where that nobleman was chosen protector of the realm. (1 1th November.) Pembroke, that ho might reconcile all men to the government of his pupil, made him grant a new char- ter of liberties, which, though mostly copied from the former concessions extorted from John, contains some alterations, which may be deemed remarkable. The full privilege of elections in the clergy, granted by the late king, was not contirmed, nor the liberty of going out of the kingdom without the royal consent: whence wo may conclude, that Pembroke and the barons, jealous of the ecclesiastical power, both were desirous of renewing the king's claim to issue a conge d'elire to the monks and chapters, and thouglit it requisite to put some check to the frequent appeals to Rome. But what may chiefly surprise us is, that the obligation to which John had subjected himself, of obtaining the consent of the great council before lie levied any aids or scutages njiou the nation, was omitted ; and this article was even declared hard and severe, and was ex- pressly left to future deliberation. But we must con- sider, that, though this limitation may perhaps appear to us the most momentous in the wliole charter of John, it was not regarded in that light by the ancient barons, who were more jealous in guarding against particular acts of violence in the crown, than against such general impositions, which, unless they were evi- dently reasonable and necessary, could scarcely, with- out general consent, be levied upon men who had arms in their hands, and who could repel any act of oppres- sion, by which they were all immediately aft'ected. We accordingly iind that Henry, in the course of his reign, while he gave frequent occasions for comidaint, with reg^ard to his violations of the Great Charter, never at- tempted, by his mere will, to levy any aids or scutages; tliough he was often reduced to great necessities, and was refused supply by his people. So much easier was it for him to transgress the law, when individuals alone were affected, than even to exert his acknowledged ]n'erogatives, where the interest of the whole body was concerned. This charter was again confirmed by the king in the ensuing year, with the addition of some articles to prevent the oppressions by sheriffs; and also with an additional charter of forests, a circumstance of great moment in those ages, when hunting was so nnich the occujiation of the nobility, and when the king compre- hended so considerable a part of the kingdom within his forests, wdiich he governed by peculiar and arbi- ti'ary laws. All the forests which had been inclosed since the reign of HcniT II. were disaforested; and new perambulations were apjiointed for that purpose: offences in the forests were declared to be no longer capital ; but punishable by fine, imprisonment, and more gentle penalties ; and all the proprietors of land recovered the power of cutting and using their own wood at tlieir pleasure. Thus these famous charters were brought nearly to the shape in which they have ever since stood; and they were, during many generations, the peculiar fa- vourites of the English nation, and esteemed the most sacred rampart to national liberty and independence. As they secured the rights of all orders of men, they were anxiously defended by all, and became the basis, in a manner, of the English monarchy, and a kind of original contract, which both limited the authority of the king, and cuBured the conditional allegiance of his sub- jects. Thouij;li often violated, they were still claimed by the nobility and people ; and as no precedents were supposed valid that infringed them, they rather ac- quired than lost authority, from the frequent attempts made against them in several ages by regal and arbi- trary power. WJiilc Pembroke, by renewing and confirming the Greet Charter, gave so much satisfaction and .security to tin nation in general, he also ajiplied himself .suc- cessfully to iiidividuals : he wrote letters in the king's name to all the malcontent barons; in which he re- presented to them, that, whatever jealousy and ani- mosity they might have entertained against the late king, a young prince, the lineal iieir of their ancient monarchs, had now succeeded to the throne, without siiccoediiig either to the resentments or principles ot his jiredecessor ; that the desperate expedient, which they had emjiloyed, of calling in a foreign potentate, had, hapjjily for them, as well as for the nation, failed, of entire success ; and it was still in their power, by a speedy return to their duty, to restjore the indepen- dence of the kingdom, and to secure that liberty for which they so zealously contended : that as all past offences of tlie bai-ons were now buried in oblivion, they ought, on their part, to forget their complaints against their late sovereign, who, if ho had been any- wise blamable in his conduct, had left to his son the salutary warning, to avoid the paths which had led to such fatal extremities: and that having now obtained a charter for their liberties, it was their interest to show, by their conduct, that this acquisition was not incompatible with their allegiance, and that the rights of king and jieople, so fiir from being hostile and 0])posite, might mutually sujijiort and sustain each other. These considerations, enforced by the character of honour and constancy, which Pembroke had ever main- tained, had a mighty influence on the barons; and most of them began secretly to uegociate with lu'ra, CiiiP. xr.i HENRY III. 1210—1272. 157 mill many of tliera openly returned to tluir diity. The diiHdunio which Louis discovered of their fidelity, forwarded tliis peiural iiropension towards the king ; and when the I'rencli prince refused the government of the castle of Hertford to Kolr.-rt Fitz-Walter, wlio had heen so active against tlie late king, and wlio claimed that fortress as his properly, they plainly saw that the English were excluded from evi'ry trust, and that fo- reigners had engrossed all tlie confidence and aft'ection of their new sovereign. The exconnnunication, too, denounced by the legate against all the adherents of Louis, failed not, in the turn which men's dispositions had taken, to produce a mighty ell'ect upon them ; ami they were easily persuaded to consider a cause as im- pious, for which they had already entertained an lu-sur- mouutable aversion. Though Louis made a journey to France, and brought over succours from that Icingdom, he found, on his return, that his party was still more weakened by the desertion of his English confederates, and tliat the death of John had, contrary to his ex- ])ectaiions, given an incurable wound to his cause. The calls of .Sali.sbury, Arundel, and Warrenne, toge- ther with WiUiara Mareshal, eldest son of the ]>rotcc- tor, hail embraced Henry's party ; and every English imbleman was plainly watching for an opportunity of returning to his allegiance. Pembroke was so much :.trengtliened by these acces.sions, that he ventured to invest Jlount-sorel; though, upon theaiiproach of the count of Perche with the French army, he desisted from his enterprise, and raised the siege. The count, elated with this success, marched to Lincoln ; and being admitted into the town, he began to attack the castle, which ho soon reduced to extremity. The pro- tector summoned all his forces front every quarter, in order to relieve a place of such importance; and ho ajipeared so much superior to the F'rench, that they shut themselves up within the city, and resohed to act uj)on the defensive. But the garrison of the castle, hav- ing received a strong re-enforcement, made a vigorous Bally upon the besiegers; while ths English army, by concert, assaulted them in the same instant from with- out, mounted the walls by scalade, and, bearing down all resistance, entered the city sword in baud. Lin- coln was delivered over to be pillaged ; the French army wixs totally routed; the count of Perche, with only two persons more, was killed ; but many of the chief comnumdcrs, and about -100 knights, were made prisoners by the English, bo little blood was shed in this important action, which decided the fate of one of the most powerful kingdoms in Europe; and such wretched soldiers were tl'.ose ancient barons, who yet were unacquainted with everything but arms ! Prince Louis was iufonned of this fatal event while cmjiloyed in the siege of Dover, which was still vali- antly defended against him by Hubert de Burgh. He immediately retreated to London, the centre and life of his party ; and he there received intelligence of a nev/ disaster, which put an end to all his hopes. A French fleet bringing over a strong re-enforcement, had ajj- peared on the coast of Kent, where tliey were attacked '.ly the English under the command of Pliilip d'Albiney, and were routed with cor.siderablc loss. D'Albiney, emi>loyed a strat.tgcm again.le to enter in their retinue, and to live upon their lands: and they gave them protection in all their robberies and ex- tortions. No one was more infamous for these violent fuid illegal practices tlian the earl of Albemarle; who. 168 THE HISTORY OF ENGLAND. [Chap. XII though he had early returned to liis duty, and had hcen Bervice.ible in exiKUinu' the French, au^micntod to the utmost the general disorder, and committed outrages in all the counties of the North. In order to reduce him to obedience, Hubert seized an opportunity of getting jiosscssion of Rockingham castle, which Albemarle had oarrisoued with his licentious retinue: but thisno- hlenu^n, instead of submitting, entered into a secret confederacy with Fawkes de Breaute, Peter de Mau- leon, and other barons, and both fortified the castle of Biham for his defence, aud made himself master, by surprise, of that of Fotheringay. Pandulf, who was restored to his legateship, was active in sujiprcssing this rebellion ; and with the concurrence of eleven bi- shops, he j)ronounced the sentence of exeommuuica- tiou against Albemarle aud his adherents ; an army was levied; a scutage often shiUings, a knight's fee, was imposed on all the mihtary tenants: Alljenuirle's asso- ciates gradually deserted Inm : and he himself was oldiged at last to suefor mercy, lie received a pardon, and was restored to his whole estate. This impolitic lenity, too frequent in those times, was prohalily the residt of a secret combination among the barons, who never could endure to see the total ruin of one of their own order: but it encouraged Fav.'kes de Breaute, a man wliom king John had raised from a low origin, to persevere in the course of violence to which he had owed his fortune, and to set at nought all law and justice. When thirty-five verdicts were at one time found against him, on account of his violent expulsion of so many freeholders from their possessions, he came to the court of justice with an armed force, seized the judge who had pronounced the verdicts,and imprisoned him in B.'dford castle. He then levied open war against the king; but being subdued and taken prisoner, his life was granted him ; hut his estate was confiscated, aud he was banished the kingdom. 1222. Justice was executed with greater severity against disorders less premeditated which broke out in London. A frivolous emulation in a match of ^rest- ling, between the Londoners on the one hand, and the inhabitants of AVestminstcr and those of the neigh- bouring villages on the other, occasioned tliis commo- tion. T!ie former rose in a body, and pulled down some houses belonging to the abbot of Westminster: but this riot, whirevailed : most of the fortresses were surrendered; though the barons complained that Hu- bert's castles were soon after restored to him, wdule the king still kept theirs in his own custody. There are said to have been 1115 castles at that time in England. It must be acknowledged, that the influence of the prelates and the clergy was often of great service to the public. Though tlie religion of that age can merit no better name than that of superstition, it served to unite together a body of men wdio had great sway over the ])eople, and who kept the community from falling to pieces by the factions aud independent power of the nobles. And, what was of great importance, it threw a mighty authority into the hands of men, wlio, by their profession, were averse to arms and violence; who tempered by their mediation the, general disposi- tion towiirds military enterprises ; and who still nmin- tained, even amidst the shock of arms, those secret links, without which it is iuqiossible for human society to siibsist. Notwithstanding these intestine commotions in Eng- land, and the precarious authority of the crown, Henry was obliged to carry on war in France ; and he em- ployed to that purpose the fifteenth which had been granted him by parliament. Louis VIII. , who had succeeded to his father Thilip, instead of conqdying ^vith Henry's claim, who demanded the I'CsLitution of Normandy and the other proviru'cs wrested from ICngland, made an irruption into Poictou, took Ro- chelle, after a long siege, and seemed determined to expel the Eiiglish from the few provinces which still remained to them. Henry sent over his uiule, the earl of Salisbury, together with his brother, prince Richard, to whom he had granted the earldom of Cornwall, which had escheated to the crown. Salis- bury stopped the progress of Loiiis's arms, and re • Chap. XH.] HENRY ni. 1216—1272. 1^9 tainod the Poictevin aud Gascon vassals in their al- Ic'iance; but no military action of any moment was pert'ormed on either side. The earl of Cornwall, after two ye.irs' stay iu Guienue, returned to Eng- land. 1227. This prince was nowise turbulent or factious in his disposition : his rulini; passion was to amass money, in which he succeeded so well us to become the richest subject in Ciiristeiidom : yet his attention to gain threw him sometimes into acts of violence, and gave disturbance to the government. There was a manor, whidi had formerly belonged to the earldom of Cornwall, but had been granted to Waleran de Ties before Kicliard had been invested with that dignity, and while the e.irldom remained in the crown. Richard claimed this manor, and expelled the pro- prietor by force : Waleran complained ; the king ordered his brother to do justice to the man, and re- store him to his rights: the earl said, that he would not submit to tliese orders till the cause should bo de- cided against him by the judgment of his peers : Henry replied, that it was first necessary to reinstate Waleran in possession before the cause could be tried ; and he reiterated his orders to the earl. We may judge of the state of the government when this affair had nearly produced a civil war. The earl oi" Cornwall, finding Henry peremptory in his commands, associated himself with the young earl of I'enibroke, who had married his sister, and who was disple.ised on account of the king's requiring him to deliver up some loj-al castles which were in his custody. These two malcontents took into the confederacy the earls of Chester, War- renne, Gloucester, Hereford, Warwick, and Ferrers, who were all disgusted on a like account. They as- sembled an army, which the king had not the power or courage to resist; and he was obliged to give his brother satisfaction, by grants of much greater im- portance than the manor which had been the first ground of the quarrel. The character of tlie king, as he grew to man's es- tate, became every day better known ; and he was found in every respect unqualified for maintaining a proper sway among those turbulent barons w bom the feudal constitution subjected to his authority. Gentle, humane, and merciful, even to a fault, he seems to have been steady in no other circumstance of his character; but to have received every impression from those who surrounded him, and whom he loved, for the time, with the most imprudent and unreserved affection. Without activity or vigour, he w.as unfit to conduct war ; without policy or art, he w.ts ill-fitted to maintain peace : his resentments, though hasty and violent, were not dreaded, while he was found to drop them with such facility ; his friendships were little valued, because they were neither derived from choice, nor maintained with constancy. A proper pageant of state in a regidar monarchy, where his ministers could have conducted all affairs in his name and by his au- thority ; but too feeble in those disorderly times to sway a sceptre, whose weight depended entirely on the firmness and dexterity of the hand wliicU held it. HUBERT DE BURGH DISPLACED. The ablest and most virtuous minister that Henry ever possessed w.as Hubert de Burgh, a m.an who had been steady to the crown in the most diOicult and dangerous times, and who yet showed no disposition, in the height of his power, to enslave or oppress the people. The only exceptionable part of his conduct is that which is mentioned by Matthew Paris • if the fact be really true, and proceeded from Hubert's advice, namely, the recalling publicly, aud the annulling of the charter of forests, a concession so reasonable iu itself, and so passionately claimed both by the nobility and people; but it must bo confessed that this mea- mr* is so unlikely, both from the circumstances of the times aud character of the minister, that there is rea- son to doubt of its reality, especially as it is mentioned by no other historian, ilubert, while he enjoyed his authority, had an entire .tscendant over Henry, and was loaded with honours and favours beyond any otiier subject, liesides acquiring the i)roperty of many castles and manors, he married the eldest sister of the king of Scots, was created earl of Kent, and, by au unusual concession, was made chief-justiciary of Eng- land for life : yet Henry, in a sudden caprice, [1231,] threw oft" this faithful minister, and exposed him to the violent persecutions of his enemies. Among other frivolous crimes objected to him, he wiis accused of gaining the king's affections by encliantment, and of purloining from the royal treasury a gem, which had the virtue to render the wearer invulnerable, and of sending this valuable curiosity to tlie prince of Wales. The nobility, who hated Ilubert on account of his zeal in resuming the rights and possessions of the crown, no sooner saw the opportunity favourable, than thev inflamed the king's animosity against him, and ])usheil him to seek the total ruin of his minister. Hubert took sanctuary in a church : the king ordered him to be dragged from thence : he recalled those orders : he afterwards renewed them : he was obliged by the clergy to restore him to the sanctuary : he constrained him soon after to suirender himself prisoner, and he confined him in the castle of the Devizes. Hubert made his escape, was expelled the kingdom, was again I'eceived into favour, reco^'ered a great share of the king's confidence, but never showed any inclination to reinstate himself in power aud authority. BISHOP OF WINCHESTER MINISTER. The man who succeeded him in the government of the king aud kingdom, was Peter, bishop of Winches- ter, a Poictevin by birth, who had been r.aised by the late king, and who was no less distinguished by his arbitrary principles and violent conduct, than by his courage and abilities. This prelate had been left by king John justiciary and regent of the kingdom during au expedition which that prince made into France; and his illegal administration was one chief cause 01 that great combination among the b.arons, which finally extorted from the crown the charter of liberties, and laid the foundations of the English constitution. Henry, though incapable, from his character, of pur- suing the same violent maxims which had governed his father, had imbibed the same arbitrary principles: and in prosecution of Peter's advice, he invited over a great number of Poictevins and other foreigners, who, he believed, could more safely be trusted than the English, and who seemed useful to counterbalance the great and independent power of the nobility. Every office .and command was bestowed on these strangers ; they exhausted the revenues of the ciown, already too much impoverished; they invaded the rights of the people ; and their insolence, still more provoking than their power, drew on them the hatred and envy of all orders of men in the kingdom. 1233. The barons formed a combination against this odious ministry, and withdrew from parliament, on pretence of the danger to wliich they were exposed from the machinations of the Poictevins. When again summoned to attend, they gave for answer, that the king should dismiss his foreigners, otherwise they would drive both him and them out of the kingdom, and put the crown on another head more wortliy to wear it : such was the style they used to their sove- reign. They at last came to parliament, but so well attended, that they seemed in a condition to prescribe laws to the king ajd ministry. Peter dcs Roches, however, had iu the interval found moans of sowing dissension among them, rotection against an invasion which the king of Castile made upon that territory. Henry rel>n-ned into Guienne, and was more successful in this expedition; but he tliereliy involved himself and his nobility in an enormous debt, which both increased their discontents, and exposed him to greater danger from their enterprises. Want of economy, and an ill-judged liberality, were Henry's great defects ; and his debts, even before this expedition, had become so trotiblesome, that he sold all Iiis i)late and Jewels, in order to discharge them. When this expedient was first jiroposed to him, he asked, where he should find ptirchasers? It was re- plied, "The citizens of London." " On my word," said he, " if the tre;isnry of Augustus were brought to sale, the citizens are able to be the purchasers : these clowns, who assume to themselves the name of barons, abound in everything, while we arc reduced to necessities." And he was thenceforth observed to be more forward and greedy in his exactions njion the citizens. ECCLESIASTICAL GRIEVANCES. Unt the grievances which the English during this nign had reason to complain of in the civil govern- ment, sccui to liave been .still less burthensome than those wliich they suffered from the usmpations and cx.ictions of the court of Rome. On the death of Langton, in 122!!, the monks of Christ-church elected Wfllter de Ilemeshani, one of their own body, for his successor: but as Henry refuseil to confirm the elec- tion, the pojie, at his desire, annulled it ; and imme- diately appointed Richard, chancellor of Lincoln, for archbishop, without waiting for a new election. On the death of Richiird, in 1231, the monks elected Ralph de Nenlle, bishop of Chichester ; and though Henrx- w.a.s much ]ileased with the election, the pope, who thonght that prelate too much attached to the crown, assumed the power of annulling his election. He re- jected two clergymen more, whom the monks had successively chosen ; and he at last told them, that, if they would elect Edniond, trea.surer of the church of Salisbury, he would confirm their choice; and his nomination was comjilied witli. The pojie had the prudence to appoint both times very worthy primates; but men could not forbear observing his intention of tluis drawing gradually to himself the right of bestow- ing that important dignity. The avarice, however, more than the ambition of the see of Rome, seems to have been in this age the ground of general com|daint. The papal ministers, liUiUng a vast stock of power amassed by their preart as a perpetual and settled revenue of the papal crown: but all men being sensible that the revenue would continue for ever, and the abuses im- mediately return, his demand was unanimously re- jected. About three years after, the pope denumded and obtained the tenth of all ecclesiastical revenues, which he levied in a very oppressive manner ; reijuiring payment before the clergy had drawn their rents or tithes, and sending about usurers, who advanced them the money at exoibitant interest. In the year 1240, Otho, the legate, having in vain attempted the clergy in a body, obtained separately, liy intiigues and me- naces, largo sums from the prelates and convents, and on his de])arture is said to have earned more money out of the kingdom than he left in it. This experiment was renewed four years after with success by Martin, the nuncio, who brought from Rome powers of sus- pending and excommunicating all clergymen that re- fused to co^iply with his demands. The king, who relied on the pope for the support of his tottering au- thority, never failed to countenance those exactions. Meanwhile, all the chief benefices of the kingdom were conferred on Italians; great nmnbers of that na- tion w'ere sent over at one time to bo jirovided for; non-residence and pluralities were carried to an enor- mous height ; Mansel, the king's chaplain, is computed to have held at once seven hundred ecclesiastical liv- ings ; and the abuses became so evident as to be palpa- ble to the blindness of Superstition itself. Tlie people, entering into association.?, rose against the Italian clcrgj-: pillaged their barns; wasted their lands; in- sulted the persons of such of them .ns they fouml in the kingdom; and when the justice made inquiry into the authors of this disorder, the guilt was found to involve so many, and those of such high rank, that it passed impunished. At last, when Innocent IV., in 1245, called a general council at Lyons, in order to excom- municate the emperor Frederic, the king and nobility sent over agents to complain before the council of the rapacity of the Romish church. They represented, among many other grievances, that the benefices of the Italian clergy in England had been estimated, and were foiind to amount to (iO,000 marks a year,* a sum which exceeded the annual revi-nue of the crown it.self.+ They obtainedonly an ev.i.sive answerfroni the pope ; but as mention had been made before th.o council of the feudal subjection of England to the see of Rome, the English agents, at whose head was Roger Bigod, earl of Norfolk, exclaimed against the pretension.s, and insisted that king John had no ri;;ht, without the consent of his barons, to subject the kingdom to so ig- nominious a servitude. The popes, indeed, afi-.iid of canying niattei-s too far against England, seem thence- forth to have little insisted on that preten.sion. Tliis check, received at the coimcil of Lyons, was not • Innocent't bull in Rytner. vol.1. p.-iJI, says only 50,000 marks A >-«r. f The customi wen part ff Hcurj'"* revemic, and amounted to h '.fO pouniisayrar; they wcic at lirtc small sums paid l^y the merchants lor JiP use of the kin;Vs u-afelinuse, mtasures, u-eiehts, Ac. J«e Ciillicrt's HtluC of the Exchequer, p. 214. Ifi2 THE HISTORY OF ENGLAND. [Chap. XI f. ntlo to stop tlip court of Rome in its rapacity. Inno- cent exacted the revenues of all vacant benefices, the twentieth of all ecclesiastical revenues without excep- tion ; the third of such as exceeded a hundred marks a year, and tlie half of such as were possessed by non- residents, lie claimed the goods of all intestate eler- gjnnen; ho pretended a title to inherit all money gotten by usury; he levied benevolences upon the people; and when the king, contrary to his usual practice, prohihitcd these exactions, he threatened to pronounce against him the same censures which he had emitted against the emperor Frederic. 1255. But the most oppressive expedient employed by the pope, was the embarldng of Henry in a project for the conquest of Naples, or SicUy on this side the Fare, as it was called ; an enterprise Avhich threw much dishonour on the king, and involved him, during some years, in great trouble and expense. The IJomisli church, taking advantage of favourable incideuts, had reduced the kingdom of Sicily to the same state of feudal vassalage -which she pretended to extend over England, and which, by reason of the distance as well as high spirit of this latter kingdom, she was not able to maintain. After the death of the emperor Frederic II., the succession of Sicily devolved to Conradine, grandson of that monarch ; aud JIainfroy, his natural son, under pretence of governing the kingdom during the minority of the prince, had formed a scheme of establishing his own authority. Pope Innocent, who had carried on ^dolent war against the emperor Frederic, and had endeavoured to dispossess him of liis Italian dominions, still continued hostilities against his grand- fOH; but being disappointed in all his schemes by the activity and artifices of Mainfroy, he found that his own force alone was not sufficient to bring to a happy issue so great an enterprise. He pretended to dispose of the Sicilian crown, both as superior lord of that p.ar- ticular Icingdom, and as vicar of Christ, to whom .all Idngdoms of the earth were subjected ; and he made a tender of it to Ricliard, earl of Cornwall, whose im- mense riches, he flattered himself, would be able to sup- port the military operations against Jlainfroy. As Richard had tlie prudence to refuse the present, ho applied to the king, whose levity and tlioughtless dis- position gave Innocent more hopes of success ; and he offered him the crown of Sicily for his second son, Ed- mond. Henry, allured by so magnificent a present, without reflecting on the consequences, without con- sulting either with his brother or the parli.ament, ac- cepted of the insidious proposal ; and gave the pope unlunited credit to expend whatever simis he thoui,dit necessary for completing the conquest of Sicily. Inno- cent, who was engagedby his own interest to wage w.ar with Mainfroy, was glad to carry on his enterprises at the expense of his ally : Alexander IV., who succeeded him in the papal throne, continued the same policy: and Ileury was surprised to find himself on a sudden in- volved in an immense debt, whicli he Iiad never been consulted in contracting. The sum already .amounted to 135,.')41 marks, beside interest : and he had the pros- pect, if he answered this demand, of being soon loaded ^■ith more exorbitant expenses; if lie refused it, of both iucuiTing the pope's displeasure, and losing the crown of Sicily, which he hoped soon to have the gloiy of fixing on the head of his son. He applied to the paidi.ament for supplies ; and, that he might be sure not to meet "with opposition, he sent no writs to the more refractory barons : but even tliose who were summoned sensible of the ridiculous cheat imposed by the pope, determined not to lavisli their money on such chimerical projects ; and maliing a pre- text of the absence of their brethren, they refused to tiiko the lung's demands into consideration. In this extremity the clerijy were his only resource : and as lx>th their temporal and spiritual sovereign concurred iji loading them, tliey were ill able to defend them- pelvcs against this united authority. Tlie pope published a crusade for the conquest of Sicily ; and required every one wlio had taken the cross against the infidels, or had vowed to advanca money for that service, to sujiport the war npainst Jlainfroy, a more terrible enemy, as he pretended, to the Christian faith tli.an any Saracen. He levied a tenth on all ecclesiastical benefices in lOngland for three years; and gave orders to excommunicate all bishojis who made not punctual payment. lie granted to the king the goods of intestate clergymen ; tiie revenues of vacant benefices; the revenues of all non-residents. But these taxations, being levied by some rule, were deemed less grievous than another imposition, which arose from the suggestion of the bishop of Hereford, and whicli might Lave opened the door to endlcES and intolerable abuses. This prelate, who resided at the court of Rome, by a deputation from the English church, drew bills of different values, but amounting on the whole to 150,540 marks, on all the bishops and abbots of the kingdom ; and granted these bills to Italian merchants, who, it was pretended, had advanced money for the service of the war against Jlainfroy. As there was no likelihood of the EngUsh prelates submitting, without compul- sion, to such an extraordinary demand, Knstand, the legate, was charged with the commission of employing authority to that purpose ; and he summoned an as- sembl)' of the bishops and abbots, whom he acquainted with the pleasure of the pope and of the king. Great wei'o the surprise and indignation of the assembly : the bishoj) of Worcester exclaimed, that he would lose his life rather than comply : the bisho]) of London said, that tlie pope and king were more powerful than he ; but if his mitre were taken off his head, he would clap on a helmet in its place. The legate was no less violent on the other hand, and he told the assembly, in jilain terms, that all ecclesiastical benefices were the property of the pope, and he might dispose of them, either in whole or in part, as he saw projjer. In the end, the bishops and abbots, being threatened with excommunication, which made all tlieir revenues fivll into the king's hands, were obliged to submit to the exaction : aud tlie only mitigation which the legate allowed them was, that the tenths already granted sliould be accepted as a partial payment of the bills. But the money was still insuflicient for the pojje's pur- pose : the conquest of Sicily was as remote as ever : the demands which came from Rome were endless : Pope Alcx.ander became so urgent a creditor, that he sent over a legate to England ; threatening the king- dom with an interdict, and the king with excommuni cation, if the arrears which he pretended to be due to him were not instantly remitted. And at last Henry, sensible of the cheat, began to think uf breaking off the agreement, and of resigning into the pope's hands that crown which it was not intended by Alexander that he or his family slioidd ever enjoy. EARL OF CORNWALL ELECTED KING OF THE ROMANS. The carl of Cornivall had now reason to value him- self on his foresifiht, in refusing the fr.audulent bargain with Rome, and in preferring the solid honours of an opulent and powerful prince of the blood of England, to the empty and precarious glory of a foreign dignity. But he had not alwaj'S firmness sufficient to adhere to this resolution : his vanity and ambition ]irevailed at last over his pnidence and his avarice ; and he was en- gaged in an enterprise no less extensive and vexatious th.an that of Ids brother, aud not attended with much greater prob.ability of success. The immense opulence of Ricliard having made the German princes cast their eye on him as a candidate for the cmjiire, lie was tempted to expend vast sums of money on his election ; and he succeeded so far as to be chosen king of the Romans, which seemed to render his succession infal- Chap. XII. HENRY III. 1215—1272. 163 lible to tho imperial tlirone. He went over to Germany, and carried out of tho kingdom no less a sum than seven liundred tliousand marks, if we may credit the account given by some ancient authors,* which is pro- bably much oxaggoiuted.t His money, while it Uisted, procured liim friends and partisans: but it was soon drained from liini by tlie avidity of the German princes; and Jiaving no personal or family connexions in that country, and no solid foundation of power, he found at last that he had lavished away the frugality of a whole life, in order to procure a si)Icndid title ; and that his absence from England, joined to tlie weakness of his brother's government, gave reins to the factious and turbulent dispositions of the EngUsh barons, and in- volved his own country and family in groat calamities. DISCONTENTS OF THE BARONS. The successful revolt of the nobility from king John, and their imposing on him and his successors limita- tions of their royal power, had made them feel their own weight and importance, had set a dangeious prece- dent of resistance, and being followed by a long minor- ity, had impoverished as well as weakened that crown which they were at last induced, from the fear of worse consequences, to replace on the head of young Henry. In the king's situation either great abilities and vigour wore requisite to overawe the barons, or great caution and reserve, to give them no pretence for complaints ; and it must be confessed that this prince was possessed of neither of these talents. He had not prudence to chose right measures; he wanted even that constancy which sometimes gives weight to wrong ones ; he was entirely devoted to his favourites, who were always foreigners ; he lavished on tliem without discretion his diminished revenue; and finding that his barons in- dulged their disposition towards tyranny, and observed not to their own vassals the same rules which they had imposed on the crown, he was apt in his administration to neglect all tlie salutary articles of the Great Chai-ter, which he remarked to be so little regarded by his no- bility. This conduct had extremely lessened his au- thority in the kingdom ; had multiplied complaints against him; and had frequently exposed him to aftVonts, and even to dangerous attempts upon his pre- rogative. In the year 1244, when he desired a supply from parliament, tlio barons, complaining of the fre- quent breaches of the Great Charter, and of the many fruitless applications which they had formerly made for the redress of this and other grievances, demanded in return that he should give them the nomination of the great justiciary and of the chancellor, to ivhose hands chieily the administration of justice was com- mitted; and, if wo may credit the historian, tliey had formed the plan of other liinitations, as well as of as- sociations to maintain them, which would have reduced the king to be an absolute cipher, and have held the crown in perpetual pupillage and dependence. The king, to satisfy them, would agree to nothing but a re- newal of the Charter, and a general permission to ex- communicate .nil the violators of it : and he received no supply, except a scutage of twenty sbiUbigs on each kniglit's fee for tho marriage of his eldest daughter to the king of Scotland : a burthen which was expressly annexed to their feudal tenures. Four years after, in a full parliament, when Henry demanded a, new supply, he was openly reproached with a breach of his word, and the frequent violations • Matt. Paris, p. 6.1)1, The s,imc avithor, a few pa^^ts before, makes lUch- ard's treasures aninunt to little more than half the sum, p. (>;t4. The kinji'j dissipations.ind expenses, throuKbout hl3 whole nlgn, actxnliog to the same author, had amounted only to ahout 940,(Km marks, p. tiSU. t I'hc sums mrntiotied by aticicnt authors, who were Almmt All monks, an oticn improhable, and never consistent. But wc know,fitim an infallible huthority, the public rfuian-^tranrei of the council of Lyons, that the kinc's l*vcn«« were helow r.ii,iMHi marks a year, Hb brotDer. therefore, could never have been master t'f Tit),!""**) marKs ; csijecially as he did not sell his estates In Knpland, as we learn from the same author; and we hear after- vajnsof his ordering all his woods to be cue, in order to satisfy the rapacitv of the (lerinan priaccs ; his son succeeded to the earldoiu of Cotnw.-ill, and his other rcvenuak of the Charter. He was asked, whether he did not blush to desire any aid from his people whom lie pro- fessedly hated and despised, to whom on all occasions he preferred aliens and foreigners, and who groaned under tho oppressions which he either permitted or exercised over them. Ho was told that, besides dis- paraging his nobility by forcing them to contract un- equal and mean marriages with strangers, no rank of men w.is so low as to escape vexations from him or his ministers; that oven the victuals consumed in Ids house- hold, tlie clothes which himself and his servants wore, still more the wine wbicli they used, were all taken by violence from the lawful owners, and no compensation was ever made them for tlie injury ; that foreign mer- chants, to tlie great prejudice and infamy of tlie king- dom, shunned the Euglisli harbours, as if they were possessed by pirates, and the commerce with all na- tions was thus cut off by these acts of violence ; that loss was added to loss, and injury to injurv, while tho merchants, who had been despoiled of their goods, were also obliged to carry tliem at their own chargo to whatever place the king was pleased to appoint them ; that even the poor fishermen on the coast could not escape his oppres.sions and tliose of his courtiers ; and finding that they had not full liberty to dispose of their commodities in the English market, were frequently constrained to carry them to foreign ports, and to h.izard all the perils of the ocean, rather than those which awaited them from his oppressive emissaries ; and that his very religion was a ground of complaint to his subjects, while they observed tliat the waxen tapers and splendid silks employed in so many useless processions, were the spoils which ho had for- cibly ravished from the true owners. Throughout this remonstrance, in Avliich the complaints derived from an abuse of the ancient right of purveyance may be supposed to be somewhat exaggerated, there appears a strange mixture of regal tyranny in the practices which gave rise to it, and of aristocratical liberty, or rather licentiousness, in the expressions employed by tho parliament. But a mixture of this kind is ob' servablo in all the ancient feudal governments; and both of them proved equally hurtful to the people. As the king, in answer to their remonstrance, gave the parliament only good words and fair promises, at- tended with the most humble submissions, wliich they had often found deceitful, he obtained at that time no supply ; and therefore, in the year 1253, when he found hiuiself again under the necessity of applying to par- liament, he had provided a new pretence, which ho deemed infallible ; and taking the vow of a crusade, he demanded their assistance in that pious enterprise. The parliament, however, for some time hesitated to comply ; and tho ecclesiastical order sent a deputation, consisting of four prelates, the primate, and the bishops of Winchester, Salisbury, and Carlisle, in order to re- monstrate with him on his frequent violations of their privileges, the oppressions with which he had loaded them and all his subjects, and the uncanonical and, forced elections which were made to vacant dignities. " It is true," replied tho king, " I have been somewhat faulty in this particular: I obtruded you, my lord of Canterbury, upon your see ; I was obliged to employ both entreaties and menaces, my lord of Winchester, to have you elected ; my proceedings, I confess, were very irregular, my lords of Salisbury and Carlisle, when I raised you from the lowest stations to your present dignities. I am detennined henceforth to correct these abuses ; and it will also become you, in order to mako a thorough reformation, to resign yourpresent benefices, and try to enter again in a more regular and canon- ical manner. The bishops, surprised at these unex- pected sarcasms, replied, that the question was not at present how to correct past errors, but to avoid them for the future. The king promised redress boll; of ecclesiastical and civil grievances ; and the parliament in return agreed to grant him a supply, a tenth of the ecclesiastical benefices, and a, scutage of tliree marlca 164 THE HISTORY OF ENGLAND. [Chap. XII. on cacli kuight's foe ; but .is they Iiad experienced his frequent breach of promise, they reqiurcci tliat lip should ratify the Great Cliartor in a manner still more authentic and more solemn than any which he had iiithcrto employed. All the prelates and .-ibliots were assembled ; they held burning tapers in their luands ; the Great Charter was read before them ; they de- nounced the sentence of excommunication against every one who should thenceforth violate the funda- mental law ; they threw their tapers on the ground, and exclaimed, " May the soul of every one who in- curs this sentence so stink and corrupt iu hell ! " The king bore a part in this ceremony ; and subjoined: — "So help me God, I will keep all these .articles invio- late, as I am a man, as I am a Christian, as I am a knight, and as I am a king crowned and anointed." Yet was the tremendous ceremony no sooner tinislied than his favourities, abusing his weakness, made him return to the same arbitrary and irregular administra- tion ; and the reasonable expectations of his people were thus perpetually eluded and disappointed. SIMON DE MOUNTFORT, EARL OF LEICESTER. 1238. All these imprudent and illegal measures afforded a pretence to Simon de Jlountfort, carl of Leicester, to attempt an innovation in the government, and to wrest the sceptre from tlie feeble and irresolute h.and which held it. This nobleman w.os .a younger son of that Simon de Jlountfort who had conducted with such valour and renown the crusade .ag.ainst the Albigenses, and who, though he tarnished his famous exploits by cruelty and ambition, had left a name very precious to all the bigots of that age, particularly to the ecclesias- tics. A large inheritance in England fell by succes- sion to this family ; but as the elder brotlier enjoyed still more opulent possessions in France, and could not perform fealty to two masters, he transferred his right to Simon, his younger brother, who came over to Eng- land, did homage for his lands, and was r.aised to the dignity of earl of Leicester. In the year 1238 he es- poused Eleanor, dowager of William, carl of Pem- broke, and sister to the king; but the marriage of this princess with a subject and a foreigner, though con- tracted with Henry's consent, was loudly complained of by the earl of Cornwall and all the barons of Eng- land ; and Leicester was supported against their violence by the king's fovour and authority alone. But he had no sooner established himself in bis possessions .and dignities, than he acquired, by ins;uuationand address, a strong interest with the nation, and gained equally the affections of all orders of men. He lost, however, the friendship of Henry, from the usual levity and fickleness of that prince; he was banished the court ; he w.as recalled ; he was entrusted with the command of Guieune, where he did good service and acquired honour ; he was again disgraced by the king, and his banishment from court seemed now final and irrevo- cable. Henry called him traitor to his face ; Leicester gave him the lie, and told him that if he were not his sovereign he would soon make him repent of that insult. Yet was this quarrel accommodated, either from the good-nature or timidity of the king ; and Leicestei' was again admitted into some degree of favour and authority. But as this nobleman was become too great to preserve an entire complaisance to Henry's humours, and to .act in subserviency to his other minions, be found more advantage in cultivating his interest with the public, and in inflaming the general discontents whicli prevailed against the administration. He filled every place with complaints against the in- fringement of the Great Charter, the acts of violence committed on the people, the combination between the pope and the king in their tyranny and extortions, Henry's neglect of his native subjects and barons ; and though himself a foreigner, he was more loud than any ia representing the indignity of submitting to the do- minion of foreigners. By his lij-pocritical pretensions to devotion he gained the favour of the zealots and clergy: by his seeming concern for public good lie ac- quired the affections of the public : and besides the private friendships which he had cultivated with the barons, his animosity against the fiivourites created an union of interests between him and that powerful order. A recent quarrel whicli broke out between Leices- ter and William de Valence, Henry's half-brother, and cliief favourite, brought matters to extremity, and determined the former to give full scope to his hold and unbounded ambition, which the laws and the king's authority had hitherto witli difficulty restrained. He secretly called a meeting of the most considerable barons, particularly Humphrey de Boliun, high-con- stable ; Roger Bigod, earl mareschal ; and the carls of Warwick and Gloucester, men who, by their family and possessions, stood in the first rank of the English no- bility. He represented to this company the necessity of reforming the state, and of putting the execution of the laws into other hands than those which had hitherto appeared, from repeated experience, so unfit for the charge with which they were entrusted. He exag- ger.ated the oppressions exercised against the lower orders of the state, the violations of the barons' privi- leges, the continued depredations made on the clergy; and, in order aggravate the enormity of his conduct, he appealed to the Great Charter, which Henry had so often ratified, and whicli was calculated to pi-event for ever the return of those intolerable grievances. He magnified the generosity of their ancestors, who, at a great expense of blood, had extorted that famous con- cession from the crown ; but lamented their own de- generacy, who allowed so important an advantage, once obtained, to be wrested from them by a weak prince and by insolent strangers. And he insisted that the king's word, after so many submissions and fruitless promises on his part, could no longer be re- lied on ; and that nothing but his absolute inability to violate national privileges, could thenceforth insure the regular observance of them. These topics, which were founded in truth, and suited so well the sentiments of the company, had the desired effect ; and the barons embraced a resolution of redressing the public grievances, by taking into their own hands the administration of government. Henry having summoned a parliament, in expectation of receiving supplies for his Sicilian project, the barons appeared in the hall clad in complete armour, and with their swords by their side : the king on his entry, struck with the unusual appearance, asked them what was their purpose, and whether they pretended to make him their prisoner .' Roger Bigod replied, in the name of the rest, that be was not their prisoner, but their sovereign ; that they even intended to grant him large supplies, in order to fix his son on the throne of Sicily ; that they only expected some return for this expense and service ; and that, as he had frequently made submissions to the parliament, had acknowledged his past errors, and bad still allowed himself to be carried into the same path, whicli gave them such just reason of complaint, he must now yield to more strict regulations, and confer authority on those who were able and willing to redress the national grievances. Henry, partly allured by the hopes of supply, partly in- timidated by the union .and martial appearance of the barons, agreed to their demand, and pi-omiscd to sum- mon another parliament at Oxford, in order to digest the new plan of government, and to elect the persons ^yho were to be entrusted with the chief authority. PRO VISIONS OF OXFORD. June 11. This parliament, which the royalists, and even tho nation, from experience of the confusions that at- tended its measures, afterwards denominated the " Mad Parliament," met on the d.ay appointed ; and as Chap. XIL] IJENRY III. 1216-1272. IC5 n.11 the barons brought along with them their military vassals, and appeared with an armed force, the king, who had taken no precautions against them, was in reality a prisoner in their liands, and was ohliged to submit lo all the terms which they were pleased to impose upon him. Twelve barons were selected (Vom among the king's ministers, twelve more were chosen by parliament : to tliese twenty-four unlimited au- thority was granted to reform the state ; and the king hiuisilf took an oath that he would maintain whatever ordinances they should think proper to enact for that purpose. Leicester was at the head of this supreme council, to which the legislative power was thus in reality transferred ; and all their measures were taken by his secret influence and direction. The first step bore a specious appearance, and seemed well calculated for the end which they professed to be the object of all these innovations : tliey ordered that four knights should be chosen by each county ; that they should make inquiry into the grievances of which their neigh- bourhood had reason to complain, and should attend the ensuing parliament, in order to give information to that assembly of the state of their particular counties : a nearer approach to our present constitution than had been made by the barons in the reigu of king .Tohn, when the knights were only appointed to meet in their several counties, and there to draw up a detail of their grievances. Meanwhile the twenty-four barons pro- ceeded to enact some regulations, as a redress of such grievances as were supposed to be sufficiently noto- rious. Tliey ordered tluit three sessions of parliament should be regularly held every year, in the montlis of February, June, and October ; that a new sheriff shoidd be annually elected by the votes of the free- liolders in each county ; that the sherifls should have no power of fining the barons who did not attend their courts, or the circuits of the justiciaries ; that no heirs should be committed to the wardship of foreigners, and no castles entrusted to their custody ; and that no new warrens or forests should be created, nor the revenues of any counties or hundreds be let to farm. Such were the regulations which the twenty-four barons estab- lished at t_lxford, for the redress of public grievances. Jiut the earl of Leicester and his associates, having advanced so far to satisfy the nation, instead of continu- ing in this popular course, or granting the king that sup]ily which they had promised him, immediately provided for the extension and continuance of their own authority. They roused anew the popular clamour which had long prevailed .against foreigners ; and they fell with the utmost violence on the king's half-brothers, who were supposed to be the authors of all national grievances, and whom Henry had no longer any power to ))rotect. The four brothers, sensible of their danger, took to flight, with an intention of making their escape out of the kingdom ; they were eagerly pursued by the barons. Aymer, one of the brothers, who had been elected to the see of Winchester, took shelter in his episcopal palace, ;ind carried the others along with him ; they were snrrouudud in that place, and threat- ened to be dragged out by force, and to be punished for their crimes and misdemeanors ; and the king, ])leading the sacredness of an ecclesiastical sanctuary, was glad to extricate them from this danger by banish- ing them the kingdom. In this act of violence, as well as in the former usujpatious of the barons, the queen and her uncles were thought to liave secretly concurred ; being jealous of the credit acquired by the brothers, which, they found, had eclipsed and anni- hilated their own. USURPATIONS OF THE BARONS. 15ut the subsequent proceedings of the twenty-four barons were sufficient to open the eyes of the nation, nnd to prove their intention of reducing, for ever, both file king and the peojile under the arbitrary power of a %ery narrow aristocracy, which must at last have terminated either in anarchy, or in a violent usurpation and tyranny. They pretended that they had not yet digested all the regulations necessary for the reforma- tion of the state and for the redress of grievances ; and they must still retain their power, till that great purpose were thoroughly efl'ected : in other words, that they must be perpetual governors, and must con- tinue to reform, till they were pleased to abdicate their authority. They formed an association among them- selves, and swore that they would stand by each other with their Uves and fortunes ; they displaced all the chief officers of the crown, the justiciary, the chan- cellor, the treasurer ; and advanced either themselves or their own creatures in their place ; even the offices of the king's liousehold were disposed of at their pleasure : the government of all the castles wiis put into liands in whom they found reason to confide ; and the whole power of the state being thus transferred to them, they ventured to impose an oath, by which all the subjects were obliged to swear, under the penalty of being declared public enemies, that they would obey and execute all the regulations, both known and unknown, of the twenty-four barons; and all this for the greater gloiy of God, the honour of the church, the service of the king, and the advantage of the king- dom. No one dared to withstand this tyrannical authority : prince Edward himself, the king's eldest son, a youth of eighteen, who began to give indications of that great and manly spirit which appeared through- out the whole course of his life, was, after making some opposition, constrained to take that oath which really deposed his father and his family from sovereign authority. Earl Warrenne was the last person in the kingdom that could be brought to give the confederate barons this mark of submission. But the twenty-four barons, not content with the usurpation of the royal power, introduced an innova- tion in the constitutiou of parliament, which was of the utmost importance. They ordained, that this a.s- sembly should choose a committee of twelve persons, who should, in the intervals of the sessions, possess the authority of the whole jiarliament, and should attend, on a summons, the person of the liing in all his motions. But so powerful were these barons, that tliis regulation was also submitted to ; the whole govern- meiit was overthrow n, or fixed on new foundations ; and the monarchy was totally subverted, without its being possible for the king to strike a single stroke in defence of the constitution against the newly-elected oligarchy. 1259. The report that the king of the Romans in- tended to pay a visit to England, gave alarm to the ruling barons, who dreaded lest the extensive influence and established authonty of that pnnce wovild be em- ployed to restore the prerogatives of his family, and overturn their plan of government. They sent over the bishop of Worcester, who met him at St. Omars ; asked him, in the name of the barons, the reason of his journey, and how long he intended to stay in England ; and insisted that, before he entered the kingdom, he should swear to obser\'e the regulations established at Oxford. On Richard's refusal to take this oath, they prepared to resist him as a public enemy : they fitted out a fleet, assembled an army, and, exciting the inveterate prejudices of the people against foreigners, from whom they had suffered so many oppressions, spread the report, that Richard, attended by a number of strangers, meant to restore by force the authority of liis exiled brothers, and to violate all the securities prodded for public liberty. The king of the Romans was at last obliged to submit to the terms required of him. But the barons, in proportion to their continuance in power, began gradually to lose that popularity w hich had assisted them in obtaining it ; and men rejuned that regulations, which were occasionally es- tablished for the reformation of the state, were likely to become perpetual, and to stibvert entirely tbi- 160 THE HISTORY OF ENGLAND. [Chap. Xn, njicient constitution. Tliey were njiprehensivo lost the powoi- of tlio nobles, always o]iiiiossi\o, should now exert itself witliout control, by removing the counterpoise of tlio crown j and their fears were in- creased by some new edicts of the barons, which were plainly calculated to procure to themselves an im- punity in all their violences. They appointed that the circuits of the itinerant justices, the solo check on their arbitrary conduct, should be held only once in seven years ; and men easily saw that a remedy, which returned after such long intervals, against .in oppres- sive power, whicli was perpetual, would prove totiilly insignificant and useless. The cry became loud iu the nation, that the barons should finish their intended regulations. The knights of the shires, who seem now to have been pretty regularly assembled, and some- times in a separate house, made remonstiauces against the slowness of their proceedings. They represented that, though the Icing had perfoiTned all the conditions required of him, the barons had hitherto done nothing for the public good, and had only been careful to pro- mote their own private advantage, and to make inroads on the royal authority ; and they even appealed to prince Kdward, and cl.aimed his interposition for the interests of the nation and the reformation of the government. The prince replied, that though it was from constraint, and contr.ary to his private sentiments, he had sworn to maintain the provisions of Oxford, he was determined to obsex— e liis oath ; but he sent a message to the b.arons, requu-iug them to bring their undertaking to a speedy conclusion, and fulfil their engagements to the public ; otherwise, he menaced them, that, at the expense of his life, he would oblige them to do their duty, and would shed the last drop of his blood in promoting the interests, and satisfying the just wishes of the nation. The barons, urged by so pressing a necessity, pub- lished at last a new code of ordinances for the refor- mation of the state ; but the expectations of the people were extremely disappointed, when they found that these consisted only of some trivial alterations in the municipal law ; and still more, when the barons pre- tended that the task was not yet finished, and that they must further prolong their authority, in order to bring the work of reformation to the desired period. The current of popularity was now much turned to the side of the crown ; and the barons had little to rely on for their support, besides the private iuHuence and power of their families, which, though exorbitant, was likely to prove inferior to the combination of king and people. Even this basis of power was daily weakened by their intestine jealousies and animosities; their ancient and inveterate quarrels broke out when they came to share the spoils of the crown ; and the rivalsliip between the earls of Leicester and Gloucester, the chief leaders among them, began to disjoint the whole confederacy. The latter, more moderate in his pretensions, was desirous of stopping or retarding the career of the b.ai'ons' usurpations ; but the former, enraged at the opposition which he met with in his own party, pretended to throw u]) all concern in English affairs ; and he retu'ed into France. The kingdom of France, the only state with which England had any considerable intercourse, was at this time governed by Louis IX., a prince of the most singular character that is to be met with in all records of history. This monarch united to the mean and abject su])erstitiou of a monk, all the courage and magnanimity of the greatest hero ; aud, what may be deemed more extraordinary, the justice aud integrity of a disinterested patriot, the mildness and humanity of an accomplished philosopher. So far from taking advantage of the divisions among the English, or attempting to expel those dangerous rivals from the provinces which they stiU possessed in France, he had entertained many scruples with regard to the sentence of attainder pronounced against the king's father, had eveu expressed some intention of rostoriiig the other provinces, and was only prevented from taking that imprudent resolution by the united remonstrances of his own barons, who represented the extreme danger of such a measure, ami, w hat had a greater influenca on Louis, the justice of punishing, by a legal sentence, the barbarity and felony of John. Whenever this prince iuterjjosed in English affairs, it was always with an intention of composing the differences between the king and )iis nobility ; he recommended to both parties every peaceable aud reconciling measure ; and he used all liis authority with the earl of Leicester, his native subject, to bend him to a compliance with Henry, He made a treaty with England, (20th May,) at a time when the distractions of tliat kingdom were at the greatest height, and when the king's authority was totally annihilated ; and the terms which he granted might, even in a more prosperous state of their aft'airs, be deemed reasonable aud advantageous to the EngUsh. He yielded up some territories which had been conquered from Poictou aud Guienuo j he ensured the peaceable possession of the latter province to Henry ; he agi'eed to pay that prince a lai'ge sum of money ; and he only required that the king should, in return, make a final cession of Normandy, and the other provinces, which he could never entertain any hopes of I'ecovering by force of arms. The cession was ratified by Heurj*, by his two sons and two daughters, and by the king of the Romans aud his three sons : Leicester alone, either moved by a vain arrogance, or desii-ous to ingratiate himself with the English populace, protested against the deed, and insisted on the right, however distant, which might accrue to his consort. Louis saw, in this obstinacy, the unbounded ambition of the man ; and as the barons insisted that the mouey due by treaty should be at their disposal, not at Henry's, he also saw, and probably with regret, the low condition to which tliis monarch, who had more erred from weakness than from any bad intentions, was reduced by the turbu- lence of his own subjects. 12C1. But the situation of Henry soon after wore a more fivvourable aspect. The twenty-four barons had now enjoyed the sovereign power near three years ; and had visibly employed it, not for the reformation of the state, which was their first pretence, but for the aggrandisement of themselves and of their families. The breach of trust was apparent to all the world ; every order of men felt it, and murmured against it ; the dissensions among the barons themselves, which increased the evil, made also the remedy more obvious aud easy ; and the secret desertion, in particular', of the earl of Gloucester to the crown, seemed to promise Henry certain success in any attempt to re- sume his authority. Yet dui'st he not take that step, so recoucileable both to justice and policy, without making a previous application to Rome, and desiring an absolution from his oaths and engagements. The pope was at this time much dissatisfied with the conduct of the barons ; who, in order to gain the favour of the people and clergy of England, had ex- pelled all the Italian ecclesiastics, and confiscatea their benefices, and seemed determined to maintain the liberties and pi-ivileges of the English church, in which the rights of patronage, belonging to their omi families, were included. The extreme animosity of the English clergy against the Italians was also a source of liis disgust to this order ; aud an attempt which had been made by them for further liberty and greater independence on the civil power, was there- fore less acceptable to the court of llomo. Aliout the same time that the barons at Oxford had annihilated the prerogatives of the monarchy, the clergy met in a synod at Jlerton, and passed several ordinances, which were no less calculated to promote their own grandeur at the expense of the crown. They decreed, that it was xmlawful to try ecclesiastics l)y secular judges ; that the clergy were not to regard any prohibitions from civil com-ts ; that lay-patrons had no right tc (Jhap. XII.J HENRY III 1216—1272. 167 confer spiritual benefices ; that the magistrate was obliged, witliout further iiuiuiiy, to imprison all ex- communicated persons ; aud that ancient usage, with- out any particular grant or charter, was a sufficient authority for any clerical possessions or privileges. About a century before, these claims would have been S4ipporte[ouiitfoit, Leicester's son, he brought this gre.at cause to a trial and examination. It appeared to him that the pro- visions of Oxford, even had they not been extorted l)y force, liad they not been so exorbitant in their nature, and subversive of the ancient constitution, were ex- pressly established .as a temporary expedient, and could not, without breach of trust, be rendered per- petual by the barons. He therefore annulled these provisions ; ('iSrd January ;) restored to tlie king the possession of his castles, and tlie power of nomination to tlie great offices ; allowed him to retain what fo- reigners he pleased in his kingdom, and even to con- fer on tiiem pl.aces of trust and dignity, and, in a word, re-established the royal power in the same condition on which it stood before the meeting of the parliament at Oxford. But while he thus suppressed dangerous innovations, and preserved unimpaired tlie preroga- tives of the English crown, he was not negligent of the rights of the people ; and besides ordering that a general amnesty should be granted for all past of- fences, ho declared that his award was not anvwise meant to derogate from the privileges and liberties which the nation enjoyed by any former concessions or charters of the crown. BENEWAL OF THE CIVIL WARS. This equitable sentence was no sooner known in England, than Leicester and his confederates deter- mined to reject it, and to have recourse to arms, in order to procure to themselves more safe and advan- tageous conditions. Without regard to his oaths and subscriptions, tliat enterprising conspirator directed his two sons, Richard and Peter de Mountfort, in con- junction with Robert de Ferrars, earl of Derby, to attack the city of Worcester ; while Henry and Simon de Mountfort, two others of his sons, assisted by the prince of Wales, were ordered to lay w-aste the es- tate of Roger de Jlortimer. He himself resided at London ; and employing as liis instrument Fitz-Rich- ard, the seditious mayor, who had violently and ille- gally prolonged his authority, he wrought up that city to the highest ferment and agitation. The popu- lace formed themselves into bands and companies ; chose leaders ; practised all military exercises ; com- mitted violence on the royalists : and to give them greater countenance in their disorders, an association was entered into between the city and eighteen great barons, never to make peace with the king but by common consent and approbation. At the head of those who swore to maintain this association, were the earls of Leicester, Gloucester, and Derby, with lo Despenser, the chief-justiciary ; men who h.id all pre- viously sworn to submit to the award of the French monarch. Their only pretence for this breach of faith was, that the latter part of Louis's sentence was, as they affirmed, a contr.adiction to tlie former: he rati- fied the charter of liberties, yet annulled the provisions of Oxford ; which were only calculated, as they main- tained, to preserve that charter ; and without which, in their estimation, they had no security for its obser- vance. The king and prince, finding a civil war inevitable, prepared themselves for defence; and summoning their military vassals from all q\iarters, and being re- enforced by Baliol, lord of Gallaway ; Brus, lord of Annandale ; Henry Piercy; John Comin, and other barons of the nortli, they composed an army, formid- able, as well from its nun\bers .as its military prowess and experience. The first enterprise of the royalists was the attack of Northampton, (.'ith April,) which was defended by Simon de Mountfort, witli many of the principal barons of that party : and a breach being made in the walls by Philip Basset, the place was carried by assault, and both the governor and the gar- rison were made prisoners. Tlie royalists marched thence to Leicester and Nottingham ; both which Vol. I. places having opened their gales to them, prince Ed- ward proceeded with a detachment into the county of Derby, in order to ravage with fire and sword the lands of the earl of that name, and take revenge on him for his disloyalty. Like nuixims of war prevailed with both parties throughout England ; and the king- dom was thus exposed in a moment to greater devas- tation, from the animosities of tlie rival barons, than it w ould have suffered from many years of foreign, or even domestic hostilities, conducted by more humane and more generous principles. The earl of Leicester, master of London, and of the counties in the south-east of h'ngland, formed the siege of Rochester, which alone declared for the king in those parts, and which, besides earl Warrenne, the governor, was ganisoned by many noble and powerful barons of the royal party. Tlie king and prince hastened from Nottingham, where they were then quartered, to the relief of the place : and on their ap- ]iroach, Leicester raised the siegei and retreated to Lon- don, which, being the centre of his power, he was afraid might, in his absence, fall into the king's hands, either by force or by a correspondence with the prin- cipal citizens, who were all secretly inclined to the royal cause. Re-enforced by a great body of Lon- doners, and having summoned his partisans from all quiirters, he thought liimself strong enough to hazard a general battle with the royalists, and to determine the fate of the nation in one gi'eat engagement ; which, if it proved successful, must be decisive against the king, who had no retreat for his broken troojis in those parts; while Leicester himself, in case of any sinister accident, could easily take shelter in the city. To give the better colouring to his cause, he previously sent a message with conditions of peace to Henry, submissive in the language, but exorbitant in the demands ; and when the messenger returned with the lie and defiance fi-om the king, the prince, and the king of the Romans, he sent a new message, renouncing, in the name of him- self and of the associated barons, all fealty and alle- giance to Henry. He then marched out of the city with his army, divided into four bodies ; the first com- manded by his two sons Henry and Guy de Mountfort, together with Humphrey de Bohuu, earl of Hereford, who had deserted to the barons ; the second led by the earl of Gloucester, with William de Montchesney and John Fitz-John ; the third, composed of Lon- doners, under the command of Nicholas de Segrave ; the fourth headed by himself in ])erson. The bishop of Chichester gave a general absolution to the army, ac- companied with .assurances that, if any of them fell in the ensuing action, they would infallibly be received into heaven, as the reward of their suffering in so meritorious a cause. BATTLE OF LEWES. May 11. Leicester, who possessed great talents for war, con- ducted his march with such skill and secrecy, that ho had well nigh surprised the royalists in their quarters at Lewes in Sussex : but the vigilance and activity of prince Edward soon repaired this negligence; and he led out the king's army to the field in three bodies. He liimself conducted the van, attended by earl War- renne and William de Valence: the main body was commanded by the king of the Romans and his son Henry : the king himself was placed in the rear at the head of his principal nobility. Prince Edward rushed upon the Londoners, who had demanded the post of honour in leading the rebel army, but who, from their ignorance of discipline and want of experience, were ill fitted to resist the gentry and miUtarj- men, of whom the prince's body was composed. They were broken in an instant ; were chased off the field ; and Edward, transported by his martial ardour, and eager to revenge the insolence of the Londoners against liis mother, put them to the sword for the length of four miles without giving them any quarter, and without re- Z 1/0 THE HISTORY OF ENGLAND. [Chap XII flecling on the fate which in the mean time attended the rest of the army. The earl of Leicester, seeing the royalists thrown into confusion by theu- eagerness in the pursuit, led on his remaining troops against the hodies commanded l>y the two royal brothers : he de- feated with great shiughtcr the forces headed by the kin" of the Romans ; and that prince was obliged to yield himself prisoner to the earl of Gloucester : he penetrated to the body where the king himself was placed, threw it into disorder, pursued his advantage, chased it into the town of Lewes, and obUged Henry to surrender himself prisoner. Prince Edward, returning to the field of battle from his precipitate pursuit of the Londoners, was astonish- ed to find it covered with the dead bodies of his friends, and still more to hear that liis father aud uncle were defeated and taken prisoners, and that Aiundel Comyn, Brus, Hamond I'Estrange, Roger Leybom-ne, and many considerable barons of his party, were in the hands of the ^^ctorious enemy. Earl AVarrenne, Hugh Bigod, and WilUam de Valence, struck with despair at this event, immediately took to flight, hurried to Pevencey, aud made their escape beyond sea : but the prince, in- trepid amidst the greatest disasters, exhorted his troops to revenge the death of their friends, to reheve the royal captives, aud to snatch an easy conquest fi-om an enemy disordered by their own victory. He found his followers intimidated by their situation; while Leicester, afraid of a sudden and violent blow from the prince, amused him by a feigned uegoeiation, till he was able to recal Ids troops from the pursuit, and bring them into order. There now appeai-ed no further re- source to the royal party ; surrounded by the armies aud garrisons of the enemy, destitute of forage and provisions, and deprived of their sovereign, as well as of their principal leaders, who could alone inspu-it them to an obstinate resistance. The prince, therefore, was obliged to submit to Leicester's tenns, wliich were short and severe, agreeably to the suddenness and ne- cessity of the situation : he stipulated, that he and Henry d'Allmaine should surrender themselves pri- soners, as pledges in lieu of the two Idngs ; that all other prisoners on both sides should be released ; and, that in order to settle fully the terms of agreement, ap- plication should be made to the king of France, that he Bliould name sis Frenchmen, three prelates and thi-ee noblemen : these six to choose two others of their own conntiy : and these two to choose one Enghslmian, who, in coujunction with themselves, were to be in- vested by both parties with full powers to make what regulations they thought proper for the settlement of the kingdom. The prince and young Henry accord- ingly delivered themselves into Leicester's hands, who sent them under a guard to Dover castle. Such are the terms of agreement commonly called the Mise of Lewes, from an obsolete French term of that meaning : for it appears, that all the gentry and nobiUty of Eng- land, who valued themselves on their Norman extrac- tion, and who disdained the language of their native coimtry, made famihar use of the French tongue, till this period, and for some time after. Leicester had no sooner obtained this great advan- tage, and gotten the whole royal family in his power, than he openly violated every article of the treaty, and acted as sole master, and even tjTant of the kingdom. He still detained the Idng in effect a prisoner, and made use of that prince's authority to pm-poses the most prejudicial to his interests, and the most oppres- sive of his people. He everywhere disarmed the roy- alists, and kept all his own partisans in a mihtary pos- ture : he observed the same partial conduct in the de- liverance of the captives, and even threw many of the royalists into prison, besides those who were taJien in the battle of Lewes : he carried the king from place to place, and obUged aU the royal castles, on pre- tence of Henry's commands, to receive a governor ajod garrison of his own appo'mtmeut : all the officers of tfie crown and of tho household were named by him ; and the whole authority, as well as arms of the state, was lodged iu liis hands: he instituted in tUa counties a new kind of magistracy, endowed with new and arbitrary powers, that of conservators of tho peace : his avarice appeai-ed barefaced, aud might in- duce us to question the greatness of his ambition, ai least the largeness of his mind, if we had not reason to tliink that he intended to employ his acquisitions as the instruments for attaining further power and grandeur. He seized the estates of no less than eighteen barons, as his share of the spoil gained iu the battle of Lewes : he engrossed to liimself the ransom of all the prisonera; and told his barons, with a wanton insolence, tliat it was sufficient for them, that he had saved them by that victory from the forfeitures and attainders wliich hung over them : he even treated the earl of Gloucester in the same injurious manner, and applied to his own use the ransom of the king of the Romans, who in the field of battle had yielded himself prisoner to that nobleman. Henry, his eldest son, made a monopoly of all the wool in the kingdom, the only valuable commodity for foreign markets wliich it at that time produced. The inhabitants of the cinque-ports, duiing the present dis- solution of government, betook themselves to the most licentious piracy, preyed on the ships of all nations, threw the maiiners uito the sea, and by these jiractices soon banished all merchants from the English coasts and harbom-s. Every foreign commodity rose to an exorbitant jirice ; and woollen cloth, which the English had not then the art of dying, was worn by them, wliite, and without receiving the last hand of the ma- nufacturer. In answer to the complaints which arose on this occasion, Leicester replied, that the kingdom could well enough subsist within itself, and needed no intercourse with foreigners. Aud it was found, that he even combined with the pirates of the cinque-ports, and received as his share the third of their prizes. No fmther mention was made of the reference to the king of France, so essential an article iu the agree- ment of Lewes ; and Leicester summoned a parUament, composed altogether of his own partisans, in order to rivet, by their authority, that power which he had acquii'ed by so much violence, and which he used with so much tjTauny and injustice. An ordinance was there passed, to which the king's consent had been pre- viously extorted, that every act of royal power should be exercised by a council of nine persons, who were to be chosen and removed by the majority of three. Lei- coster himself, the earl of Gloucester, aud the bishoi) of Cliichester. By this intricate plan of government the sceptre was really put into Leicester's hands; as he had the entire direction of the bishop of Chichester, and thereby commanded all the resolutions of the council of three, who could appoint or discard at plea- sure every member of the supreme coirncU, But it was impossible that things could long remain in this strange situation. It behoved Leicester either to descend with some peril into the rank of a subject, or to mount up with uo less into that of a sovereign ; aud his ambition, unrestrained either by fear or by principle, gave too much reason to sjispect him of the latter intention. Meanwhile, he was exposed to anx- iety from every quarter : and felt that the smallest in- cident was capable of overtm'ning that immense and ill-cemented fabric which he had reared. The queen, whom her husband had left abroad, had collected in foreign parts an army of desperate adventurers, and had assembled a great number of ships, with a view of invading the kingdom, and of bringing relief to her unforttmate family. Louis, detesting Leicester's usur- pations and perjuries, and disgusted at the EngUsh barons who had refused to submit to his award, se- cretly favoured all her enterprises, and was gene- rally believed to be making preparations for the same purpose. An English army, by the jiretend- ed authority of the captive king, was assembled on the sea-coast to oppose tliis projected invasion; but Leicester owed lus safety more to cross winds, Cn vp. XII.] HENRY III. 1216—1272. 171 wliich long detained and at last dispersed and ruined the queen's iieet, than to any resistance which, in their present situation, could havo been expected tVoiu tlio English. Leicester found himself better able to resist the spi- ritual thunders which were levelled against him. The jiope, still adhering to the king's cause against the baiona, dispatched cardinid Guide as his legate into llnglaud, with orders to excommunicato, by name, the three earls, Leicester, Gloucester, and Norfolk, and all others in general who concurred in the oppression and captivity of their sovereign. Leicester menaced the leg.ite with death, if he set foot within the kingdom; but Giiido, meeting in France the bishops of Winches- ter, London, and Worcester, who had been sent thither on a negociation, commanded them, imder the penalty of ecclesiastical censures, to carry his bull into Eng- land, and to publish it against the barons. When the prelates arri\ ed off the coast, they were boarded by the jiiratical mariners of the cincpio-ports, to whom pro- bably they gave a hintof tho cargo which they brought along with them : tho bull was torn and thrown into the sea ; wliich furnished the artful ]>relates with a plausible excuse for not obeying tho orders of the legato. Leicester appealed from Guide to the pope in person ; but, before the ambassadors appointed to de- fend his cause could i-cach Kome the pope was dead ; and they found the legate Iiimself, from whom they had appealed, seated on the papal throne, by the name of Urban IV. That daring leader was nowise dis- mayed with this incident ; and as he found that a great part of his popularity in England was founded on his opposition to the court of Itome, which was now be- come odious, he persisted with the more obstinacy in tho prosecution of his measures. 1205. That he might both increase and turn to ad- vantage his ])opularity, Leicester summoned a new par- liament (SOth January) in London, where he knew his power was uncontrollable; and he fixed this assembly on a more democratical basis than any which had ever been summoned since the foundation of tho monarchy. Besides the barons of his own party, and several eccle- siastics, who were not immediate tenants of the crown ; he ordered returns to be made of two knights from each shire, and, what is more remarkable, of deputies from the boroughs, an order of men, which in former ages had always been regarded as too mean to enjoy a pl.-ice in the national councils. This period is com- monly esteemed the epoch of the house of commons in l^ngland ; and it is certainly the fii'st time that histo- rians speak of any representatives sent to parliament by the boroughs. In all the general accounts given in preceding times of those assemblies, the prelates and barons only are mentioned as the constituent mem- bers; and even in the most particular narratives de- livered of parliamentary transactions, as in the trial of Thomas a Beeket, where the events of each d.ay, and almost of each hour, arc carefully recorded by con- temporary author.'!, there is not, throughout the whole, tho least appearance of a house of commons. But though that house derived its existence from so preca- rious, and even so invidious an origin as Leicester's usurpation, it soon ]iroved, when summoned by the legal princes, one of the most useful, and, in process of time, one of tho most powerful members of the national constitution ; and gradually rescued the king- dom from aristocratical as well as tVom regal tyranny. But Leicester's jiolicy, if we must ascribe to him so g-rcat a blessing, only forwiirded by some years an insti- tution for which tho general state of tilings had al- ready i)rep!M'ed the nation ; and it is otherwise incon- ceivable, that .a plant, set by so inauspicious a hand, could have attained to so vigorous a growth, ainl have floui-ished in the midst of such tempests and convul- sions. The feudal system, with which the liberty, much morfi the power of the commons was totally in- compatible, began gradually' to decline ; and both tho king and the commonalty, who felt its iQconveuiences, contributed to favour this now power, wliich was more submissive than the barons to the regmlar authority of the crown, and at the same time afforded protection to the inferior orders of the state. Leicester, having thus assembled a parliament of hifl own model, and trusting to the attachment of tlie popu- lace of London, seized the opportunity of crushing his rivals among the powerful barons. Kobert de Ferrai-s, earl of Derby, was accused in the king's name, seized, and committed to custody, without being brought to .any legal trial. John Giff'ord, menaced with the same fate, fled from London, and took shelter in the borders of Wales. Even tl.o carl of Gloucester, whose power and influence had so much contributed to the success of the barons, but who of late was extremely disgusted with Leicester's arbitrary conduct, found himself in danger from the prevailing authority of his ancient confederate; aud ho retired from parliament. Tliia known dissension gave courage to all Leicester's enemies and to the king's friends, wlio were now sure of protection from so potent a leader. Though Roger Mortimer, Hammond I'Estrange, and other powerful marchers of Wales, had been obliged to leave tho kingdom, their authority still remained over the terri- tories subjected to their jurisdiction ; and there were many others who were disposed to give disturbance to the new government. The animosities, inseparablo from the feudal aristocracy, broke out with fresh vio- lence, and threatened the kingdom with new couvid- sions and disorders. The earl of Leicester, surrounded with these diffi- culties, embraced a measure, from which he lioped to reap some present advantages, but whidi proved in the end the source of all his future calamities. The active and intrepid prince Edward had languislied in prison ever since the fatal battle of Lewes ; and as he was extremely popular in the kingdom, there arose a general desire of seeing him again restored to liberty. Leicester, finding that he could with ditBculty oppose the concurring wishes of the nation, stipulated with the prince, that, in return, ho should order his ad- herents to deliver up to the barons all their castles, particularly those on tho borders of Wales ; and should swear neither to depart the kingdom during three years, nor introduce into it any foreign forces. The king took an oath to the same efl'ect, and he also passed a charter, in which he confirmed the agreement or Mise of Lewes ; and even permitted Ids subjects to rise in arms against him, if he should ever attempt to infringe it. So little care did Leicester take, though he constantly made use of the authority of this captive prince, to presei-ve to him any appearance of royalty or kingly prerogatives ! In consequence of this treaty, prince Edward was brought into Westminster-hall, (Uth M.arch,) and was declared free by tho barons ; but instead of really recovering his liberty, as he had vainly expected, ho found that the whole transaction was a fraud on the p.art of Leicester ; tliat he himself still continued a jirisoncr at large, and was guarded by the cmiss,ariea of that nobleman ; and that, while the faction reaped all tlie benefit from the performance of his i)art of tho treaty, care was taken that he should enjoy no ad- vantage by it. As Gloucester, on his rupture with the barons, had retired for safety to his estates on tho borders of Wales, Leicester followed him with an army to Hereford, continued still to men.ace and negociate ; and that he might add authority to his cause, he can'ied both tho king and prince along with him. The eail of Gloucester here concerted with young Edward the manner of that prince's escape. He found means to convey him a horse of extra- ordinary swiftness ; and appointed Roger Mortimer, who had retui-ned into the kingdom, to be ready at band with a small party to receive the prince, and to guard liim to a place of safety. Kdsvard pretended to take the air ('iSth May) with some of Leicester's retinue, who were his guards, aud making matches THE HISTORY OF ENGLAND. [Chap. XII between their horses, after ne thoujfht he had tired and Ijlowu them sufficioiitlv, he siuldciilv niountod Gloucosti'i's hovso, ;iiul eulli'd to liis attciulants, that lie liud long eiiou^^h onjoyc-d the pleasure of their company, and now bid them adieu. They followed him for some time, without hein^ ahle to overtake him ; and the appearance of Jlortimer with his com- pany put an end to their pursuit. The royalists, secretly prepared for this event, im- mcrince, who availed himself of every favourable movement, appeared in the field before bin; BATTLE OF EVESHAM AND DEATH OF LEICESTER. August 4. Edward made a body of his troops advance from tlie road which led to Kenilworth, and ordered them to carry the banners taken from Simon's army ; while he himself, making a circuit with the rest of his forces, purposed to attack the enemy on the other quarter. Leicester was long deceived by this strata- gem, and took one division of Edward's army for his friends ; but at last, perceiving his mistake, and ob- serving the great superiority and e.Kcellent disposition of the royalists, he exclaimed that they had learned from him the art of war, adding ; " The Lord have mercy on our sonls, for I see our bodies are the prince's!" The battle immediately began, though on very unequal terms. Leicester's army, by living on the mo\intains of Wales without bread, which was not then much used among the inhabitants, had been extremely weakened by sickness and desertion, and was soon broken by the victorious royalists ; while his Welsh allies, accustomed onl^' to a desultory kind of war, immediately took to flight, and were pursued with great slaughter. Leicester himself, asldng for quarter, was slain in the heat of the action, witli his eldest son, Henry, Hugh le Despenser, and about an hundred and sixty knights, and many other gentlemen of his pai-ty. The old king had been purposely placed by the rebels in the front of the battle ; and being clad in armour, and tliereby not known by his friends, he received a wound, and was in danger of his lifo ; but crying out, / am Henri/ of Wincliesler, your kinc/, he was saved, and put in a place of safety by liis son, who flew to his rescue. The violence, ingratitude, tyranny, rapacity, and treachery of the earl of Leicester, give a veiy bad idea of his moral character, and make us regard his death as the most fortunate event wbieh in this conjuncture could have happened to the English nation ; yet must ■we allow the man to have possessed great abilities, and the appearance of great virtues, who, though a sti-anger, could at a time when strangers were the most odious, and the most universally decried, have acqiireariioncfl and restored to his fortune, was obligi'd to i)ay only seven years' r"nt, and was a second time restored. Tlio mild disposition of the king, and the jirudence of the prince, teir.pered the insolence of victory, and gradually restored order to the several members of the state, disjointed by so long a continuance of civil wars and commotions. The city of London, which liad carried furthest the rage and animosity against the king, and wliich seemed determined to staiul upon its defence after almost all the kingdom had submitted, wa.s, after some interval, restored to most of its liberties and privileges ; and Fitz-Kichard, the mayor, who liad been guilty of so much illegal vioieucc, was only punished by fine and imprisonm<-nt. The countess of Leicester, the king's sister, who had been e.\tremely forward in all attacks on the royal family, was dismissed the kingdom, with her two sons, i^imon and (iuy, who proved very un- grateful for this lenity. Five yeais afterwards, they assassinated, at Vitcrbo in Italy, their cousin lleniy d'AUmaine, who at that very time wiis endeavouring to make their peace with the king ; and by taking sanctuary in the church of the Franciscans, they escaped the j)unishment due to so great an enormity. 12G7. The merits of the Karl of Gloucester, after ho returned to his nllegiancc, had been so great in restoring the prince to his liberty, and assisting him in Itis victories ag.ainst tho rebellious barons, that it was almost impos.sible to content him in his demands ; and his youth and temerity, as well as his gieat power, tempted him, on some new disgust, to raise a^ain the tlames of rebellion in the kingdom. Tlie mutinous populace of London at his instigation took to arms, and the jiriucc was obliged to levy an army of 30,000 men, in order to sujipress them. Even this second rebellion did jiot provoke the king to any act of cruelty; and the earl of Gloucester himself escaped with total impunity, lie was only obligeedition .against the infidels in the Holy Land ; and he endeavoured pre\iously to settle the state in such a manner as to dre.-id no bad effects from his absence. As the formidable power and tur- bulent disposition of the earl of Gloucester gave him apprehensions, he insisted on carrying him along with him, in conserpience of a vow which that nobleman had m.ade to undertake the same voyage ; in the mean time, he obliged him to resign some of his castles, and to enter into a new bond not to distui-b the peace of the kingdom. He sailed from Englaml with an anny, and arrived in Louis's camp before Tunis in Africa, where he found tiuit monarch already dead, from the intemperance of the climate and the fatigues of his enterprise. The great, if not only, weakness of this prince in his government, was the im])rudent jiassion for crnsades ; but it was Itis zeal chieHy that j)roenred him from the clergy the title of St. Louis, by which he is known in the French history ; and if that appella- tion had not been so extremely prostituted as to become rather a term of reproach, he seems by his unifonn probily and goodness, as well as his Jiiety, lo have fully merited the title. He wa.s succeeded by bis son Philip, denominated the Hardy ; a prince of some merit, thongli mncli inferior to that of hia father. 1271 . Prince Edward, not discouraged by this event, continued his voy.age to the Holy Land, where hi. signalized himself by acts of valour ; revived the glory of the Jjiglish name in those parts, and str-ick such teiror into the Saracens, that they employed an as- sassin to murder him, who wounded him in the arm, but perished in the attempt. Meanwhile, his absence from England was attended with many of those per- nicious conscipiences which had been dreaded from it. The laws were not executed ; the barons opinessed the common people with iuipunity ; they gave shelter on their estates to bauds of robbers, whom they cni- liloyed in committing ravages on the estates of their enemies ; the ]iopulace of London returned to their usual licentiousness ; and the old king, unequal to the burthen of piiblic affairs, called aloud for his gallant son to return, and to assist him in swaying that sceptre which was ready to drop from his feeble and irresolute hands. At last, overcome by the cares of government and the infirmities of age, ho visibly declined, and he expired at St. Edmonsbury, (IGth Nov. 1272,) in the C4tli year of his age, and 5flth of his reign ; the longest reign that is to be met witli in the EngUsli aimals. nis brother, the king of the Romans, (for he never at- tained the title of emperor.) died about seven months before him. CHARACTER OF Till'. KING. The most obvious circumstance of Ileniy's charac- ter is his incapacity for government, which rendered him as much a prisoner in the hands of his own ministers and fiivourites, and a.s little at his own dis- posal, .as when detained a captive in the hands of his enemies. From this source, rather than fiom in-sin- cerity or treachery, arose his negligence in observin" his promises ; and lie wrs too easily induced, for the sake of present convenience, to .sacrifice the lastin" advantages arising from the trust and confidence of his people, llcnee too were derived his profusion to favourites, his attachment to strangers, the variable- ness of his conduct, his hasty resentment.s, and his sudden forgiveness and return of aft'ection. Instead of reducing the dangerous power of his nobles, bv obliging them to obs.rve the laws towards their in"- ferior.s, and setting them the s.ahitary example in his own government, he was seduced to imitate their conduct, and to make his arbitrary will, or rather that of his ministers, tl'.o rule of his actions. Instead of accommodating himself, by a strict frugaUty, to the embarr.assed situation in which his revenue had been left, by the military expeditions of his uncle, the dissipations of his father, and the usurjiations of the barons, ho w.as tempted to levy money by irregular exaction.s, which, without enriching himself, impover- ished, at least disgusted his people. Of all men, nature seemed le.ast to hiivc fitted him for being a tyrant ; yet are there instances of oppression in his reign, which, though derived from the precedents left him by his predecessors, had been carefully guarded against by the Great Charter, and are inconsistent with all rules of good government. And on the whole we may .. XI 1. Henry left two sons, Edward, his successor, and Edniond, carl of Lancaster ; and two daughters, Mar- (piret, queen of Scotland, and Beatrix, ducliess of IJritaiinv. lie had five other children, who died in tlieir infancy. JtlSCELLANEOUS TRANSACTIONS OP THIS llEIGN. The following are the most remarkable laws enacted during this reign. There had been great disputes between the civil and ecclesiastical courts concerning bastardy. Tlie common law had deemed all those to be b.istards wlio were born before wedlock ; by the canon law they Avere legitimate ; and wlien any dis- pute of inheritance arose, it had formerly been usual for tlie civil courts to issue writs to tlie spiritual, directing them to inquire into the legitimacy of the' person. The bishop always returned an answer agree- able to the canon law, though contrary to tlie nuiuici- pal law of the kingdom. For tliis reason the civil courts had clianged the terms of their writ; and instead of requiring the spiritual courts to make in- quisition concerning the legitimacy of tlie person, tiiey only proposed the simple question of fact, whether ho were born before or after wedlock ? Tlie prelates complained of this practice to the parliament as- sembled at Jlcrton in the twentieth of this king, and desired that tlie municipal law might be rendered conformable to the canon ; but received from all the nobility the memorable reply, Noliams leges Amjlue mxdare : " We will not change the laws of England." After the civil wars the parHament summoned at Marlebridge gave their approbation to most of the ordiuances which had been established by the reform- ing barons, and wliich, though advantageous to the security of the people, had not received the sanction of a legal authority. Among other laws it was there enacted, that all appeals from the courts of inferiof lords should be carried directly to the Idng's courts without passing through the courts of the lords im- mediately superior. It was ordained that money should bear no interest during tlie minority of the debtor. This law was reasonable, as the estates of minors were always in the hands of their lords, and the debtors could not pay interest where they had no revenue. The charter of king John iiad granted this indulgence ; it was omitted in that of Henry III for wliat reason is not knowu ; but it was renewed by the statute of Marlebridge. Most of the other articles of this statute are calculated to restrain the oppression of sheriffs, and the violence and iniquities committed in distraining cattle and other goods. Cattle and tlie instruments of husbandry formed at that time the chief riches of the people. In the 35th year of this king an assize was fixed of bread, the price of which was settled, according to the different prices of corn, from one shilling a quarter, to seven shilhngs and sixpence, money of that a.re. These great vanations are alone a proof of bad tillage ; * yet did the prices often rise much higher than any taken no ice of by the statute. The Chronicle of Dunstable tells us, that in this reign wheat was once sold for a mark nay, for a pound a quarter ; that is, three pounds of our present money. The same law affords us a proof of the little communication between the p-arts of the kingdom, from the very different prices which the same commodity bore at the same tune. A brewer, says the statute, m.ay sell two gallons of ale for a penny in cities, and three or four gallons for the same price in the country. At present such com- modities by the great consumption of the people, and the great stocks of the brewers, arc rather cheapest in cities. The Chronicle above mentioned observes, that wheat one year was sold in many places for eight shillings a quarter, but never rose in Dunstable above a crown. Though commerce was still very low, it seems rather to have increased since the conquest ; at least if we may judge of the increase of money by the price of corn. The medium between the highest and lowest prices of wheat assigned by the .statute is four shillings and three-pence a quarter, that is, twelve shillings and nine-pence of our 2n-e8ent money. This is near half of the middling price in our time. Yet the middling price of cattle, so late as the reign of king liichard, we find to be above eight, near ten times lower than the present. Is not this the true inference, from com- paring these facts, that, in all uncivilized nations, cattle, which propagate of themselves, bear always a lower price than corn, which requires more art and stock to render it plentiful than those nations are possessed of! It is to be remarked, that Henry's assize of corn was copied from a preceding assize, established by king John ; consequently, the prices which we have here compared of corn and cattle may be looked on as contemporary ; and they were drawn, not from one particular year, but from an estimation of the middling prices for a series of years. It is true, the prices assigned by the assize of liichard, were meant as a standard for the accounts of sheriffs and escheators ; and as considerable profits were allowed to these ministers, we may naturally suppose, that the coinmou value of cattle was somewhat higher : yet still, so great a difference between the prices of corn and cattle as that of four to one, compared to the present rates, affords important reflections concerning the very different state of industry and tillage in the two periods. Interest had in that age amounted to an enormous height, as might be expected from the barbarism of the times, and men's ignorance of commerce. In- stances occur of fifty per cent, paid for money. There is an edict of Philip Augustus near this period, Umit- ing the Jews in France to 48 per cent. Such profits tempted the Jews to remain in the kingdom, notwith- standing the grievous oppressions to «'hich, from the prevalent bigotry and rapine of the age, they were continually exposed. It is easy to imagine how pre- carious their state must have been under an indigent prince, somewhat restrained in his tyranny over his native subjects, bnt who possessed an unlimited au- thority over the Jews, the sole proprietors of money in the kingdom, and hated, on account of thcii- money, their religion, and their usuiy ; yet will our ideas scarcely come up to the extortions which, in fact, wo find to have been practised upon them. In the year 1241, 20,000 marks were exacted from them : two years after, money was again extorted ; and one Jew alone, Aaron of York, was obbged to pay above 4,000 marks : in 1250, Henry renewed his oppressions ; and the same Aaron was condemned to pay him 30,000 marks, upon an accusation of forgeiy : the high penalty imposed upon him, and which it seems he was thought able to pay, is rather a prcsmnijtion of his innocence than of his guilt. In 1255, the king de- manded 8,000 marks from the Jews, and threatened to hang them if they refused compliance. They now lost all patience, and desired leave to retire with their effects out of the kingdom. But the king replied, " How can I remedy the ojipressions you coinjjlaiu of '. I am myself a beggar. I am spoiled, I am stripped of all my revenues. I owe above 200,000 marks : and if I had said 300,000, I should not exceed the truth : I am obliged to jiay my son, jirince Edward, 15,000 marks a year : I have not a farthing ; and I must lia\o money, from any hand, from any qiiavter, or by any means." He then delivered over the Jews to the earl of Cornwall, that those whom the one brother ha dein.inded 10,000 jnavks from a Jew of Ciistol ; .ind on his rofiisiil, ordciLj one of his teeth to be drawn every day till ho sliould couiijly. The Jew lost seven teeth, and then paid the sum required of liini. One talliage laid upon the Jews in 1243 amounted to G0,000 maiks ; a sum equal to the whole yearly revenue of the crown. To give a better pretence for extortions, the im- probable and absurd accusation, which has been at dift'ercnt times advanced against that nation, was re- vived in England, that they had crucified a child in derision of the sufterings of Christ. Eighteen of them were hanged at once for this crime : though it is no- wise credible, that even the antipathy borne them by the Christians, and the oppressions under which they laboured, would ever have jiushed them to be guilty of that daugcrous enormity. 13ut it is natural to imagine that a i-ace, exposed to such insults and indignities, both from king and people, and who had so uncertain au enjoyment of tlieir riches, would carry usury to the utmost extremity, and by their great profits make themselves some compensation for their continual perils. Though these acts of violence against the Jews pro- ceeded much from bigotry, they were still more de- lived from avidity and rapine. So far from desiring in that age to convert them, it was enacted by law in France, that if any Jew embraced Christianity, he forfeited all his goods, without exception, to the king or his superior lord. These iiluudercrs were careful, lest the profits accruing from their dominion over that unhappy race should be diminished by their con- version. Commerce must be in a wretched condition, where interest was so high, and where the sole proprietors of money employed it in usury only, and were exposed to such extortion and injustice. But the bad police of the country was another obstacle to improvements ; and rendered all communication dangerous, and all property precarious. The Chronicle of Dunstable says, that men were never secure in their houses, and that whole villages were often plundered by bands of robbers, though no civil wars at that time prevailed in the kingdom. In 1249, some years before the insur- rection of the liarons, two merchants of Brabant came to the king at Winchester, and told him that they had been spoiled of all their goods by certain robbers, whom they knew, because they saw their faces every day in his court ; that Hke practices prevailed all over England, and travellers were continually exposed to the danger of being robbed, bound, wounded, and murdered ; that these crimes escaped with impunity, because the ministers of justice themselves were in a confederacy with the robbers; and that they, for their part, instead of bringing matters to a fruitless trial by law, were willing, though merchants, to decide their cause with the robliere by arms and a duel. The lung, l)rovoked at these abuses, ordered a jury to be in- closed, and to try the robbers : the juiy, though con- sisting of twelve men of property in Hampshire, were founii to be also in a confederacy with the felons, and acquitted them. 1 lenrj', in a rage, committed the jury to prison, threatened them with severe punishment, and ordered a new jury to be inclosed, who, dreading the fate of their follows, at last found a verdict against the criminals. Many of the king's own household wore discovered to have participated in the guilt ; and they said, for their excuse, that they received no wages from him, and were obhged to rob for a maintenance. " Knightsandesqnires," saystheDictumof Kenilworth, "who were robbers, if they have no land, shall pay the half of their goods, and find suflicient security to keep henceforth the ])eace of the kingdom." Such were tl'.o manners of the times ! One can the less repijie, dining the prevalence of such manners, at the frauds and forgeiies of the clerg)' ; as it gives less disturbance to society, to take men's money from them with their own consent, though by deceits and lies, than to ravish it hy open force and violence. During tliis reign the papal power was at its simimit, and was even beginning insensibly to decline, by reason of the immeasurable avarice and extortions of the court of Kome, which disgusted the clergy as well as laity, in every kingdom of Europe. England itself, though sunk in the deepest abyss of ignorance and superstition, had seriously entertained thoughts of shaking off the papal yoke; and the Ro- man pontiff was obliged to think of new expedients for rivettiug it faster ujion the Christian world. For this purpose Gregory IX. published his decretals; which are a collection of forgeries, favourable to the com-t of Kome, and consist of the supposed decrees of popes in the first centuries. But these forgeries are so gross, and confound so palpably all language,liistory, cluonology, and antiquities, matters more stubborn tlian any speculative truths whatsoever, that even that church, which is not startled at the most monstrous contradictions and absurdities, has been obliged to abandon them to the critics. But in the dark period ' of the thirteenth centui-y they passed for undisputed and authentic ; and men, entangled in the mazes of this false literature, joined to the philosophy, equally false, of the times, h,ad nothiug wherewithal to defend themselves, but some small remains of common sense, which passed for profaneness and impiety, and the in- delible regard to self-interest, which, as it was the sole motive in the priests for framing these impostures, served also, in some degree, to protect the laity against them. Another expedient, devised by the church of Rome, in this period, for securing her power, was the insti- tution of new religious orders, cliiefly the Dominicans and Franciscans, who proceeded with all the zeal and success that attend novelties ; were better quali- fied to gain the populace than the old orders, now be- come rich and indolent ; maintained a perpetual rival- ship with each other in promoting their gainful super- stitions; and acquiied a great dominion over the minds, and consequently over the purges of men, by pretending a desire of poverty and a contempt for riches. The quaiTels which arose between these orders, Ij-ing still under the control of the sovereign pontiff, never disturbed the peace of the church, and served only as a spur to their industry in promoting the com- mon cause ; and though the Dominicans lost some popu- larity by their denial of tlio immaculate concejition, a point in which they unwarily engaged too far to be able to recede with honour, they counterbalanced this disadvantage by acquiring more solid establishments, by gaining the confidence of kings and princes, and by exercising the jurisdiction assigned them, of ultimate judges and punishers of heresy. Thus, the several orders of monks became a kind of regular troops or garrisons of the Romish church ; and though the tem- poral interests of society, still more the cause of true piety, were hurt, by thcii- various dcNaces to captivate the populace, they proved the chief supports of that mighty fabric of superstition, and, till the revival of tnie learning, secured it from any dangerous inva- sion. The trial by ordeal was abolished in this reign by order of council : a faint mark of improvement in the age. Hcni-y granted a charter to the town of Newcastle, in which he g.ave the inhabitants a licence to dig coal. This is the first mention of coal in England. We learn from Madox, that tliis king gave at one time one hundred shillings to master Henry, his poet: also the same year he orders this poet ten poimds. It .appears from Selden, that in the 47th of Ids reign, a hundred and fifty temporal, and fifty spiritual ba- rons were summoned to perform the service due by their tenures. In the thirty-fifth of the subsequent reign, eighty-six temporal barons, twenty bishops, and forty-eight abbots, were summoned to a parliament convened at Carlisle. no THE HISTORY OF ENGLAND. [Chai-. Xlll CnAFTKU XIII EDWARD I. Wiir iviMrKanct Dieression concrrnliii; the Consmution of arlm- f^Disscnsi" ns «ith ti.e Clergy Arbitrary Mrasurcs-— I'cacc >iuh Kran^^UevoUof Scotland That Kingdoin ag.msuMued-— ARain {("oto^Is aB»i" sul'dued U„^crt Iroce—- I h.ul Kfvolt of s™ - l",,d_Dc»th and Characur of the King Miscellaneous 1 ranwic- tions of tills Iteign. l-'7-2. ""'ITE Englisli were as yet so little Imiietl to - olxHlifiice iiiulor a regular govLM-iiiiiont, that tlie death of almost every king sinee the conquest, hatl been atteiuled with disorders; and the council, re- flecting on the recent civil wars, and on the animosities which naturally remain after these great convulsions, liiul reason to ajjprehend dangerous consequences from tlie absence of the son and successor of Henry. Tliey tlieroforo h.-istened to proclaim prince Edward, to sv.-ear allegiance to him, and to summon the states of the Idngdom, in order to jirovitle for the public peace in this important conjuncture. Walter Gifford, arcli- bishop of Yorl;, tlie eail of Cornwall, son of Richard, kin"- of tlie i{omans, and the earl of Gloucester, were ajipointed guardians of the realm, and proceeded peaceably to the exercise of their authority, without eitlier nieeting with opposition from any of the jieo- jde, or being disturbed with emulation and faction among themselves. Tlie higli character acquired by Kdward during the late commotions, his military genius, his success in subduing the rebels, his modera- tion in settling the kingdom, had procured him great esteem, mixed with aifection, among all orders of men; and no one could reasonably entertain hopes of making any advantage of his absence, or of raising disturbance ill the nation. The earl of Gloucester himself, whose great power and turbulent spirit had excited most Jealousy, was forward to give proofs of his allegiance ; and the other malcontents, being destitute of a leader, were obliged to remain in submission to the govern- ment. Prince Edward liad reached Sicily in his return from the Holy Land, when lie received intelligence of the death of his father ; and he discovered a deep concern on the occasion. At the same time he learned the death of an infant son, John, whom his princess, Eleanor of Castile, had borne him at Acre, in Pales- tine ; and as he appeared much less affected with that misfortune, the king of Sicily expressed a surprise at tills dift'erence of sentiment: but was told by Edward, that the death of a son was a loss which ho miglit hope to repair ; the death of a father was a loss ir- rejiarable. Edward pioceeded homeward ; but as he soon learned the tjuiet settlement of the kingdom, he was in no hurry to take possession of tlie throne, but spent near a year in France before he made his appearance in iMigland. In his passage by Chalons, in Burgnndy, [1-273°] he was challenged by the prince of the coun- try to a tournament which hew\is preparing; and as Edward excelled in those martial and dangerous exer- cises, the true image of war, he declined not the op- portunity of acquiring honour in that great assembly of the neighbouring nobles. But the image of war was here unfortunately turned into the thing itself. Edward and his retinue were so succcsslul in tlie jousts, that the French knights, provoked at tlieir superiority, made a serious attack \i\nm them, which was repulsed, and much blood was idly shed in the quarrel. This rencounter received the name of " the petty battle of Chalons." Edward went IVom Clialons to Paris, and diil ho- taage to Philip for the dominions which he mdd in France. He thence returued to Guienne [1271, J and settled that province, which was in some confusion, lie made his journey to London tlinnigh France ; iu his pa.ssage he accommoilated at Montreuil a dilfer- ence with" Margaret, countess of Flanders, heiress of that territory; he was received with joyful acclama- tions bv his peojde, and was solemnly crowned at Westminster (.IDtli August) by Robert, archbishop of C.interbury. CIVIL ADMINISTRATION OF THE KING. The king immediately applied himself to the rc- estabhshmeut of his kingdom, and to the corrt'cting of those disorders which the civil commotions ami the loose adiuiuistration of his father had introduced into every part of government. The plan ot his policy was equally generous and prudent. He considered the rrreat barons both as the immediate rivals of the crow%i, and oppressors of tlie people ; and he purposed, by an exact distribution of justice, and a rigul exetju- tion of thclaws, to give at once ]>rot.ection to the in- ferior orilers of the state, and to diminish the arbitrary powei- of the great, on which their dangerous authority was chiefly founded. Making it a rule in his own con- duct to observe, excej.t on extraordinary occasions, the privileges secured to them by the Great Charter, he acquired a right to insist u])on their observance of the same Charter towards their vassals and inferiors ; and he made the crown be regarded by all the gentry and commonalty of llie kingdom, as the fountain of justice, and the general asylum against oppression. Besides enacting several useful statutes, in a parlia- ment which he summoned at Westminster, (leth Feb- ruary, 1275,) he took care to inspect the conduct of all his magistrates and judges, to displace such as were either negligent or corriqit, to proviile them with sufH- eient force for the ex-cution of justice, to extirpate aU bands and confederiH-ii'S of robbers, and to reiiress those more silent robberies which were committed either by the power of the nobles, or under the coun- tenance "of public authority. By this rigid administra- tion, the face of the kingdom was soon changed ; and order and justice took place of violence and oppres- sion : but amidst the excellent institutions and public- spirited plans of F.dward, there still appears somewhat both of the severity of his personal character, and of the prejudices of the times. As the various kinds of malefactors, the murderers, robbers, incendiaries, ravishers, and plunderers, had become so numerous and ])0werfiil, that the ordinary ministers of justice, especially in the western counties, were afraid to execute the laws agajnst them, the king found it necessary to jirovide an extraordinary remedy for the evil ; and ho erected a new tribunal, which, however useful, would have been deemed, in times of more regular Uberty, a great stretch of illegal and ar- bitrary power. It consisted of commissioners, who were empowered to inquire into disorders and crimes of all kinds, and to inflict the )iroper punishments up- on them. The ofticers charged witli this unusual com- mission, made their circuits throughout tlie counties of England most infested with this cN-iJ, and carried terror into all those parts of the kingdtun. In their zeal to punish crimes, they did not sufiicietitly distinguish be- tween the innocent and guilty ; the smallest suspicion became a ground of accusation and trial ; the slightest evidence was received against criminals ; prisons were crowded with malefactors, real or pretended ; severe tines were levied for small oft'ences ; and the king, though his exhausted exchequer was supplied by this expedient, found it necessary to stop the course of .so .n-eat rigour; and after terrifying and dissipating by Uiis trilnmal the gangs of disorderly people in Eng- land, he iirudently aumiUedthe commission," and never afterwartls renewed it. • s,eliiian'> Gloss. HI vdlio Trni.nastnii. Uut SiHlinan tvascuher mistaura in oinci.iK this c.niin ssion in the lifth year of the king, or it was renewed In ni'lji. See Ity.ner. vol ii. 1^ W Trivet, 1.. Ui* ifatt. W..t. p. «0. S^WAK.!? 1. Chap. XITT ] EDWARD I. 1272—1307. 177 Amonjj tlio various disorders to wliich tlic kingdom was subject, no one was more univei'sally con))ilained of tbau the adulteration of the coin ; and as this crime required more art than the English of that age, who chiefly employed force and violence in their iniquities, were possessed of, the imputation fell upon the Jews. Edward also seems to have indulged a strong prepos- session against that nation ; and this ill-judged zeal for Christianity being naturally augmented by an expedi- tion to the Holy Land, he let loose the whole rigour of his justice .against that unhappy people. Two hundred and eighty of them were hanged at once for this crime in London alone, besides those who suffered in other parts of the kingdom. The houses and lands, (for the Jews had of late ventured to make purch.ises of that kind,) as well as the goods of great multitudes, were sold and confiscated : and the king, lest it should be suspected that the riches of the sufferers were the chief part of their guilt, ordered a moiety of the money raised by these confiscations to be set apart, and bestowed upon such as were willing to be con- verted to Christianity. liut resentment was more prev.alent with tliem th.an any temptation from their poverty; and very few of them could be induced by interest to embr.ace the religion of their persecutors. The miseries of this people did not here terminate. Though the .arbitrary talliages and exactions levied upon them had yielded a constant and considerable revenue to the crown, Edward, prompted by his zeal and his rapacity, resolved some time after lo purge the kingdom entirely of that hated race, and to seize to himself at once their whole property as the reward of his labour. He left them only money sufficient to bear their charges into foreign countries, where new persecutions and extortions awaited them : but the inhabitants of the cinque-ports, imitating the bigotry and avidity of their sovereign, despoiled most of them of this small pittance, and even threw many of them into the sea: a crime for which the king, who was determined to be the sole plunderer in his dominions, inflicted a capit.al punishment upon them. No less than fifteen tlious.and Jews were at this time robbed of their effects, and banished the kingdom : very few of that nation have since lived in England : and as it is impossible for a nation to subsist without lenders of money, and none will lend without a compensation, the practice of usury, as it w.as then called, was thence- forth exercised by the English themselves upon their fellow-citizens, or by Lombards aud other foreigners. It is very much to be questioned, whether the dealings of these new usurers were equally open aud unexcep- tionable with those of the old. By a law of Hichard, it was enacted, that three copies should be made of every bond given to a Jew; one to bo put into the hands of a public magistrate, another into those of a man of credit, .aud a third to remain with the Jew him- self. But as the canon law, seconded by the munici- pal, permitted no Christian to take interest, all tr.ans- actions of this kind must, after the banishment of the Jews, have become more secret and clandestine; and the lender of consequence be paid both for the use of his money, .and for the infamy and danger which he incurred by lending it. The gloat poverty of the crown, though no excuse, was probably the cause of this egregious tyranny exer- cised against the Jews ; but Edward also [iractised other more honourable means of remedying that evil. Ho employed a strict frugality in the management and distribution of his revenue ; he engaged the p.ar- liament to vote him a fifteenth of all moveables ; the pope to grant him the tenth of all ecclesi.astic.al revenues for three years; and the merchants to consent to a perpetual imposition of half a mark on every sack of wool exported, aud a mark on three hundred skins. He also issuea commissions to inquire into all en- croacliments of the royal demesne ; into the value of escheats, forfeitures, and wardships; and into the means of repairing or improving evei-y branch of the Vol. L revenue. The commissioners in the execution of their office began to carry matters too far against the no- bility,and to question titles to estates which had been transmitted from father to son for several generations. Karl Warenne, who had done such eminent service in the late reign, being required to show his titles, drew his sword ; and subjoined, that William the B.astard had not conquered the kingdom for himself alone : his ancestor was a joint adventurer in the enterprise ; and he himself was determined to maintain what had from that period remained unquestioned in his family. The king, sensible of the danger, desisted from making fur- ther inquires of this nature. CONQUEST OF WALES. 127C. But the active spirit of Edward could not long re- main without employment. He soon after undertook an enterprise more prudent for himself, and more ad- v.ontageous to his people. Lewellyn, prince of Wales had been deeply engaged with the Mountfort faction ; had entered into all their conspiracies against the cronn ; had frequently fought on their side; and till the battle of Evesluam, so fatal to that party, had em- ployed every expedient to depress the royal cause, and to promote the success of the barons. In the general accommodation made with the vanquished, Lewellyn had also obtained his p.ardon ; but as he was the most powerful, and therefore the most obnoxious vassal of the crown, he had reason to entertain anxiety about his situation, and to dread the future effects of resent' ment aud jealousy in the English monarch. For this reason he determined to provide for his security by maintaining a secret correspondence with his former associates; and he even made his addresses to a daugliter of the earl of Leicester, who was sent to him from beyond sea, but being intercepted in her passage near the isles of Scilly, was detained in the court of England. This incident increasing the mutual jea- lousy between Edward and Lewellyn, the latter, when required to come to Engl.and, and do homage to the new king, scrupled to put himself into the hands of an enemy, desired a safe-conduct from Edward, insisted upon having the king's son and other noblemen de- livered to him as hostages, and demanded that his consort should previously be set at liberty. The king, having now brought the state to a full settlement, was not displeased with this occasion of exercising his au- thority, and subduing entirely the principality of Wales. He refused all Lewellyn's demands, except that of a safe conduct ; sent him repeated summons to perform the duty of a vassal; levied an amy to reduce liim to obedience; obtained a new aid of a fifteenth from parliament ; aud marched out with certain assur- ance of success against the enemy. Besides the great disproportion of force between the kingdom and the principality, the circumstances of the two states were entirely reversed ; [1277;] .and the s.ame intestine dis- sensions which had formerly weakened England, now prevailed in Wales, and had even taken pl.ace in the reigning family. David and Ebderic, brothers to Lewellyn, dispossessed of their inheritance by that prince, had been obliged to have recourse to the pro- tection of Edward ; and they seconded with all their interest, which was extensive, his attempts to ensUive their native country. The Welsh prince had no re- source but in the inaccessible situation of his moun- tains, which had hitherto through many ages defended his forefathers against all attempts of the Saxon and Norm.an conquerors ; and he retired among tho hills of Snowdun, resolved to defend himself to the last ex- tremity. But Edward, equally vigorous aud cautious, cnteiing by the north with a formid.able army, pierced into the heart of the country ; aiul having carefully explored every road before him, and secured every pass behind him, approached the Welsh army in its last retreat. He here avoided the putting to trial the valour of a nation proud of its ancient in- 2 A 178 THE HISTORY OF ENGLAND. [Ch\p. xni. dependerce, and inflamed with animosity against its hprcditary enemips ; and he trusted to the slow l)ut sure cflects of famine for reducing that peoiile to sub- jection. The rude and shnjile manners of the natives, as well as the mountainous sitnation of their country, had made them entirely neglect tillage, and trust to pasturage alone for their subsistence : a metliod of life which had hitlierto secured them against the irregular attempts of the English, but exposed them to certain ruin when the conquest of the country was steadily pnrsued and prudently planned by Edward. Desti- tute of magazines, cooped up in a narrow corner, they, as well as their cattle, suffered all the rigours of fa- mine ; and Lewellyn, without being able to strike a stroke for his independence, was at last obliged to sub- mit at discretion, and receive the terms imposed upon him by the victor. (19th November.) He bound him- self to pay to Edward 50,000 po\mds as a reparation of damages ; to do liomage to the crown of England ; to permit all the other barons of Wales, except four near Snowdun, to swear fealty to the same crown ; to re- linquish the country between Cheshire and the river Conway ; to settle on his brother Roderic a thousand marks a j'ear, and on David five hundred ; and to de- liver ten hostiiges as security for his future submission. Edward, on the performance of the other articles, remitted to the prince of Wales the payment of the 50,000 pouuds, which were stipulated by treaty, and which it is probable the poverty of the country made it absolutely inipossiblefor him to levy. Butnotwithstand- ing this indulgence, complaints of iniquities soon arose on the side of the vanquished: the English, insolent on their easy and bloodless victory, oppressed the inhabi- tants of the districts which were yielded to them : the lords marchers committed with impunity all kinds of \nolence on their Welsh neighbours : new and more se- vere terms were imposed on Lewellyn himself; and Bdward, when the prince attended him at Worcester, exacted a promise that he would retain no person in his principality who should be obnoxious to the Eng- lish monarch. There were other personal insults which raised the indignation of the Welsh, and made Ihem determine rather to encounter a force which they had already experienced to be so much superior, than to bear oppression from the haughty victors. Prince David, seized with the national spirit, made peace with his brother, and promised to concur in the defence of public liberty. The Welsh fled to arms ; and Edward, not displeased with the occasion of making his conquest final and absolute, assembled all his military tenants, and advanced into Wales with an army whicli the inlialjit- ants could not reasonably hope to resist. The situation of the country gave the Welsh at first some advantage over Luke de Tany, one of Edward's captains, who had passed the Menau with a detachment : but Lewellyn, being surprised by Mortimer, was defeated and slain in an action, and 2,000 of his followers were put to the sword. David, who succeeded him in the piincipality, could never collect an army sufficient to face the Eng- lish ; and being chased from hill to hill, and hunted from one retreat to another, was obliged to conceal himself under various disguises, and was at last be- trayed in his lurking-place to the enemy. Edward sent him in chains to Shrewsbury ; and bringing him to aformal trial [1283] before all the peers of England, ordered this sovereign prince to be hanged, drawn, and quartered, as a traitor, for defending by arms the liberties of his native country, together with his own hereditary authority. All the Welsh nobility sub- mitted to the conqueror; the laws of England, with the sheriffs and other ministers of justice, were estab- lished in that principality ; and though it was long be- fore national antipathies Avere extinguished, and a thorough union attained between the people, yet this important conquest, which it had required eight hun- dred years fully to effect, was at last, through the abilities of Edward, completed by the Englisli. VA8i, The king, sensible that nothing kept alive the ideas of nnlitary valour and of ancient glory so much as the traditional poetry of the people, which, assisted by the power of music and the jollity of festivals, made deep impression on the minds of the youth, ga- thered all the Welsh bards, and, from a barbarous though not absurd policy, ordered them to be put to death. There prevails a vulgar story, which, as it well suits the capacity of the monkish writers, is carefully re- corded liy them : that Edward, assembling the Welsh, promised to give them a prince of unexceptionable manners, a Welshman by birth, and one who could speak no other language. Ou their acclamations of joy, and promise of obedience, he invested in the principality his second son, Edward, then an infant, who had been born at Carnarvon. The death of his eldest son, Alphonso, soon after made young Edward heir of the monarchy : the principality of Wales was fully annexed to the crown ; and henceforth gives a title to the eldest son of the kings of England. 1286. The settlement of Wales appeared so complete to Edward, that in less than two years after he went abroad, in order to make peace between Alphouso, king oi^ Arragon, and Philip the Fair, who had lately succeeded his father, Philip the Hardy, on the throne of France. The difference between these two princes had arisen about the kingdom of Sicily, which the pope, after his hopes from England failed him, had bestowed on Charles, brother to St. Louis, and which was claimed on other titles by Peter, king of Arragon, father to Alphonso. Edward had powers from both princes to settle the terms of peace, and he succeeded in his endeavours ; but as the controversy nowise regards England, we shall not enter into a detail of it. He stayed abroad above three years ; and on his return found many disorders to have prevailed, both from open violence, and from the corruption of justice. Thomas Chamberlain, a gentleman of some note, had assembled several of his associates at Boston, in Lin- colnshire, under pretence of holding a tournament, an exercise practised by the gentry only ; but in reality with a view of plundering the rich fair of Boston, and robbing the merchants. To facilitate his purpose, he privately set fire to the town ; and while the inhabi- tants were employed in quenching the flames, the con- spiratorsbrokc into the booths, and carried oft' thegoods. Chamberlain himself was detected and banged ; but maintained so steadily the point of honour to his ac- complices, that he could not be prevailed on, by offers or promises, to discover any of them. Many other in- stances of robbery and violence broke out in all parts of England ; though the singular circumstances at- tending this conspiracy have made it alone be particu- larly recorded by historians. 1289. But the corruption of the judges, by which the fountains of justice were poisoned, seemed of still more dangerous consequence. Edward, in order to remedy this prevailing abuse, summoned a parliament, and brought the judges to a trial; whore all of them, ex- cept two who were clergymen, w^ro convicted of this flagrant iniquity, were fined and deposed. The amount of the fines levied upon them is alone a sufficient proof of their guilt; being above one hundred thousand marks, an innnense sum in those days, and sufficient to defray the charges of an expensive war between two great kingdoms. The king afterwards made all the new judges swear that they would take no bribes ; but his expedient, of deposing and fining the old ones, was the more effectual remedy. We now come to give an account of the .state of affairs in Scotland, wliich gave rise to the most inte- resting trans.ictions of this reign, and of some of the subsequent; though the intercourse of that kingdom with England, cither in peace or war, had hitherto produced so few events of moment, that, to avoid tediousness, we have omitted many of them, and Iiave been very concise in relating the rest. If the Scots Chap. XIII.] EDWARD r. 1272—1307. 179 liad before this period any real liistory woitliy of tlio iiame,e.\cept what tliey gleau from scattered passages in the English historians, those events, however mi- nute, yet being the only foreign transactions of the nation, might deserve a place in it. j AFFAIRS OF SCOTLAND. Though the government of Scotland had been con- tinually exposed to those factions and convulsions which .ire incident to all barbarous and to many civilized nations ; and though the successions of their kings, the only part of their history which deserves any credit, had often been disordered by irregularities and usurpations, the true heir of the royal family had Still iu tlio end prevailed, and Alexander III., who had espoused the sister of Kdward, probably inherited, after a period of about eight hundred years, and through a succession of males, the sceptre of all the Scottish princes who had governed the nation since its first establishment in the island. This prince died in 128C, hy a fall from his horse at Kinghorn, without leaving any male issue, and without any descendant, except Slargaret, born of ICric, king of Norway, and of Margaret, daughter of the Scottish monarch. This princess, commonly called the Maid of Norway, though a, female, and an infant, anil a foreigner, yet being the lawful heir of the kingdom, had, through her grand- father's care, been recognized successor by the states of Scotland ; and on Alexander's death, the disposi- tions which had been previously made against that event appeared so just and prudent, that no disorders, ns might naturally be apprclicuded, ensued in the kingdom. Margaret was acknowledged queen of Scot- land; five guardians, the bishops of St. Andrews and Glasgow, the earls of Fife and Cnchan, and James, steward of Scotland, eutered peaceably upon the ad- ministration ; and the infant priucess, under the pro- tection of Edward, her great uncle, and Eric, her father, who exerted themselves on this occasion, seemed firmly seated on the throne of Scotland. The English mon.arch was naturally led to build mighty projects on this incident; and having lately by force of arms brought Wales under subjection, he attempted, by the marri.age of Margaret, with his eldest son, Ed- ward, to unite the whole island into one monarchy, and thereby to give it security both against domestic convulsions and foreign invasions .... 1290. The amity which had of late prevailed between the two nations, and which, even in former times, had never been interrupted by any violent wars or injuries, facili- tated extremely the execution of this project, so fa- vourable to the happiness and grandeur of both king- doms ; and the states of Scotland readily gave their assent to the English proposals, and even agreed that their young sovereign should be educated in the court of Edward. Anxious, however, for the liberty and independency of their country, they took care to stipu- late very equitable conditions, ere they entrusted themselves into the hands of so gre.at and so ambitious a monarch. It was agreed that they should enjoy all their ancient laws, liberties, and customs ; that in case young Edward and Margaret should die without issue, the crown of Scotland should revert to the next heir, and should he inherited by him free and iudependent; that the military tenants of the crown should never be obliged 10 go out of Scotland, in order tu do homage to the sovereign of the united kingdoms, nor the chap- ters of cathedral, collegiate, or conventual churches, iu order to make elections ; that the parliaments sum- moned for Scottish affairs should always be held within the bounds of that kingdom; and that Edward should bind himself, under the penalty of 100.000 marks, payable to the pope for the use of the holy wars, to observe all these articles. It is not easy to conceive that two nations could have treated more on a foot of equality than Scotland and England maintained during the whole course of this transaction : and thonijh Ed- ward gave his assent to the article concerning the fti- ture independency of the Scottish crown, with a "sav- ing of /lis former rights ; " this reserve gave no alarm to the nobility of Scotland, both because these rights, having hitherto been little heard of, had occasioned no disturbance, and because the Scots had so near a prospect of seeing them entirely absorbed in the rights of their sovereignty. COMPETITION FOR THE CROWN OF SCOT- liAND. 1291. But this project, so happily formed, and so amicably conducted, failed of success, by the sudden death of the Norwegian ])rincess, who expired on her passage to Scotlaud, and left a very dismal prosjiect to the king- dom. Though disorders were for the jjresent obviated by the authority of the regency formerly established, the succession itself of the crown was now become an object of dispute ; and the regents could not expect that a controversy, which is not usually decided by reason and argument alone, would be peaceably settled by them, or even by the states of the kingdom, amidst so many powerful pretenders. The posterity of Wil- liam, king of Scotland, the prince taken prisoner by Henry II., being all extinct by the death of JIargaret of Norway, the right to the crown devolved on the issue of David, earl of Huntingdon, brother to William, whose male line being also extinct, left the succession open to the posterity of his daughters. The earl of Huntingdon had three daughters ; Margaret, married to Alan, lord of Galloway ; Isabella, wife of Robert Brus or Bruce, lord of Annandale ; and Adama, who espoused Henry, lord Hastings. Margaret, the eldest of the sisters, left one daughter, Devergilda, married to John Baliol, by whom she had a son of the same name, one of the present competitors for the crown : Isabella, the second, bore a son, Robert Bruce, who was now alive, and who also insisted on his claim : Adauia, the third, left a son, Johu Hastings, who pretended that the kingdom of .Scotland, like many other inheritances, was divisible among the three daughters of the earl of Huntingdon, and that he, in right of his mother, had a title to a third of it. Baliol and Bruce united against Hastings, in maintaining that the kingdom was indivi- sible ; but each of them, supported by plausible rea- sons, asserted the preference of his own title. Baliol was sprung from the elder branch ; Bruce was one degree nearer the common stock : if the principle of representation was regarded, the former had the better claim ; if propinquity was considered, the latter was entitled to the preference : the sentiments of men were divided ; all the nobility had taken part on one side or the other ; the people followed implicitly their leaders. The two claimants themselves had great power and numerous retainers in Scotland ; and it is no wonder that, among a rude people, more accustomed to arms than inured to laws, a controversy of this nature, which could not be decided by any former precedent among them, and which is capable of exciting commo- tions in the most legal and best established govern- ments, should threaten the state with the most fatal con\^llsions. Each centnry had its peculiar mode in conducting business ; and men, guided more by custom than by reason, follow, without inquiry, the manners which are prevalent in their own time. The pr.actice of that age, in controversies between states and princes, seems to have been to choose a foreign prince, as an equal arbiter, by whom the question was decided, and whose sentence prevented those dismal confusions and disor- ders, inseparable at all times from war, but which were multiplied a hundred fold, and dispersed into every corner, by the nature of the feudal governments. It was thus that the English king and barons, in the pre- ceding reigu, had endeavoured to compose their dissen- sions by a reference to the king of France ; and the celebrated intesritv of that monarch had prevented all 180 THE HISTORY OF ENGLAND. [Chai-, xiir. the bad effects wliicli might naturally liavelieon dread- ed from so perilous an expedient. It was thus tluit the kin,!;s of France and Arraj;on, and afterwards otlier princes, had submitted tlieir controversies to Edward's judgment ; and the remoteness of tlicir states, the great power of the princes, and the little interest which he had on cither side, had induced him to acquit himself with honour in his decisions. Tlie parli.inicnt of Scot- land, therefore, threatened with a furious civil war, and allured hy the great reputation of the English monarcli, as well as by the present amicable corre- spondence between the kingdoms, agreed in making a ivfcrence to Edward ; and Fraser, bishop of St, An- drews, with other deputies, was sent to notify to him their resolution, and to claim liis good ofKces in the present dangers to which they were exposed. His inclination, they flattered themselves, led liim to pre- vent their dissensions, and to interpose witli a power whicli none of the competitors would dai-e to with- stand : when this expedient was proposed by one party, the other deemed it dangerous to object to it ; indif- ferent persons thought tliat the imminent perils of a civil war would thereby be prevented ; and no one re- flected on the ambitious character of Edward, and the almost certain ruin which must attend a small state, divided by faction, when it thus implicitly submits itself to the will of so powerful and encroacliing a neighbour. HOMAGE OF SCOTLAND. The temptation was too strong for the virtue of the English monarch to resist. He purposed to lay hold of the present fovourable opportunity, and if not to create, at least to revive, his claim of a feudal superi- ority over Scotland ; a claim which had hitlierto lain in the deepest obscurity, and whicli, if ever it had been an object of attention, or had been so much as susiiected, would have effectually prevented the Scot- tish barons from clioosing him for an umpire. He well knew, that if this ])retension were once submitted to, \ as it seemed difhcult, iu the present situation of Scot- land, to oppose it, tlie absolute sovereignty of tliat kingdom (wliich had been the ease witli Wales) wotdd soon follow ; and that one great vassal, cooped up in an island with his liege lord, without resource from foreign powers, without aid from any fellow-vassals, could not long maintain his dominions against the eftorts of a mighty kingdom, assisted by all the cavils which the feudal law afforded his superior against him. In pursuit of this great object, very advantageous to England, perhaps in the end no less beneficial to Scot- land, but extremely unjust and iniquitous in itself, Edward busied himself in searching for proofs of his pretended superiority ; and instead of looking iuto liis own archives, which, if his claim had been real, must have afibrded him numerous records of the homages done by the Scottish princes, and could alone yield iiim any authentic testimony, he made all the monasteries be ransacked for old chronicles and histories written by Englishmen, and he collected all the passages which seemed anywise to favour his pretensions. Yet even m this method of proceeding, which must have dis- covered to himself the injustice of his claim, he was far from being fortunate. He began his proofs from the time of Edward the Elder, and continued them through all the subsequent Saxon and Norman times ; but jiro- duccd nothing to his purpose. The whole amount of bis authorities during the Saxon period, when stripjied of the bombast and inaccurate style of the monkish historians, is, that the Scots had sometimes been defeat- ed by the English, had received peace on disadvanta- geous terms, had niade submissions to the English mo- narch, and had even perhaps fallen into some depend- ence on a power which was so much superior, and which they had not at that time sufBcient force to resist. His authorities from the Norman period were, if possible, still less conclusive ; the historians indeed make frequent mention of homage done by the northern potentate ; but no one of them s.iys that it was done for his kingdom ; and several of them declare, in ex- press terms, that it was relative only to the fiefs which he enjoyed south of the Tweed ; in the same manner as the king of England himself swore fealty to the French monarch, for the fiefs which he inherited in France. And to such scandalous shifts was Edward reduced, that he quotes a passage from 11 ovcdon, where it is asserted that a Scottish king had done homage to England ; but he purposely omits the latter part of the sentence, which expresses that this prince did homage for the lands which lie held in England. AVhen William, king of Scotland, was taken pri- soner iu the battle of Alnwic, he was obliged, for the recovery of his liberty, to swear fealty to the victor for his crown itself. The deed was performed according to all the rights of the feudal law; the record was pre- served in the English archives, and is mentioned by all the historians ; but as it is the only one of the kind, and as historians speak of this superiority as a great acquisition gained by the fortunate arms of Henry II., there can remain no doubt that the kingdom of Scot- land was, in all former periods, entirely free and inde- pendent. Its subjection continued a very few years : king Richard, desirous, before his departure for the Holy Land, to conciliate the friendship of William renounced that homage, whicli, he says in express terms, had been extorted by his father ; and he only retained the usual homage which had been done by the Scottish princes for the lands wliich they held in Eng- land. But though this t-ransaction rendered the independ- ence of Scotland still more unquestionable, than if no fealty had ever been sworn to the English crown, the Scottish kings, appiizcd of the point aimed at by their powerful neighbours, seem for a long time to have re- tained some jealousy on that head, and in doing homage, to have an.xiouslj' obviated all such pretensions : when William, in 1200, did homage to John at Lincoln, he was careful to insert a salvo for his royal dignity : when Alexander JII. sent assistance to his father-in- law, Henry III., during the wars of the barons, he pre- viously procured an acknowledgment, that this aid was granted only from friendship, not from any right claimed by the English monarch : and when the same prince was invited to assist at the coronation of this very Edward, ho declined attendance, till he received a hke acknowledgment. [See note T, at the end of this Vol.] But as all these reasons (and stronger could not ho produced) were but a feeble rampart against the power of the sword, Edward, carrying with him a great array, which was to enforce his proofs, advanced to the fron- tiers, and invited the Scottish parliament, and all the competitors, to attend him in the castle of Noiham, a place situated on the southern banks of the Tweed, in order to determine that cause which had been referred to his arbitration. But though this deference seemed due to so great a monarch, and was no more than what his father and the Enghsh barons had, in similar cir- cumstances, paid to Louis IX., the king, careful not to give umbrage, and determined never to produce his claim, till it should be too late to think of opposition, sent the Scottish barons an acknowledgment, that, though at that time they passed the frontiers, this step should never be drawn into precedent, or afford the English kings a pretence for exacting a like submission in any future transaction. When the whole Scottish nation had tlius unwarily put themselves into his power, Edward opened the conference at Norham : (10th May :) he informed the parliament, by the mouth of Hoger le Brabimcon, his chief-justiciaiy, that he was come thi- ther to deterniine the right among the competitors to their crown ; that he was determined to do strict jus- tice to all parties ; and that he was entitled to this au- thority, not in virtue of the reference made to hiui, but in quality of superior and liege lord of the king- Chap. XIII.] nOWARD I 1272-1307. 181 dom. [See note U, at the end of this Vol.] He then jiroduced his proofs of this superiority, which lie pro- tended to be unquestionable, and he required of them an acknowledgment of it ; a demand which was super- fluous if the fact were already known and avowed, and which plainly betrays Edward's consciousness of his lame and defective title. The Scottish parliament was astonished at so new a pretension, and answered ouly by their silence. But the king, in order to maintain the appearance of free and regular proceedings, desired them to remove into their own counti-y, to deliberate upon his claim, to examine his proofs, to propose all their objections, and to inform him of their resolution; and he appointed a plain at Upsettleton, on the north- ern banks of the Tweed, for that purpose. When the Siottish barons assembled in this place, though moved with indignation at the injustice of this unexpected claim, and at the fraud with which it had been conducted, the}' found themselves betrayed into a situation in which it was impossible for them to make any defence for the ancient Uberty and independence of their country. The king of England, a martial and politic prince, at the head of a powerful array, la)' at a very small distance, and was only separated from them by a river fordable in many places. Though by a sudden flight some of them might themselves be able to make their escape, what hopes could they entertain of securing the kingdom against his future enterprises ! Without a head, without union among themselves, attached all thom to different competitors, whose title they had rashly submitted to the decision of this foreign usurper, and who were thereby reduced to an absolute dependence upon him, they could only expect by resistance, to entail on themselves and their posterity a more grievous and more destructive servitude. Yet, even in this desperate state of their affairs, the Scot- tish barons, as we learn from Walsingham, * one of the best historians of that period, had the courage to reply, that, till they liad a king, they could take no re- solution on so momentous a i)oint. The journal of king Edward says, that they made no answer at all ; that is, perhaps, no particular answer or objection to Edward's claim ; and by this solution it is possible to reconcile the journal with the historian. The king, thereforOjintei-prctingtheirsilence as consent, address- ed himself to the several competitors, and previously to liis pronouncing sentence, required their acknowledg- ment of his superiority. It is evident from the genealogy of the royal family of Scotland, that there could only be two questions about the succession, that between Baliol and Bruce on the one hand, and lord Hastings on the other, con- cerning the partition of the crown ; and that between Baliol and Bruce themselves, concerning the preference of their respective titles, supposing the kingdom indi- visible : yet there appeared on this occasion no less than nine claimants besides : John Comyn, or Cummin, lord of Badenoch, Florence, carl of Holland, Patric Dunbar, carl of March, William de Vcscey, Robert de Pynkeui, Nicholas de Souks, Patric Galythly, Roger de Mandeville, Robert de Ross, not to mention the king of Norway, who claimed as heir to his daughter Mar- garet. Some of these competitors were descended from more remote brauches of the royal family ; others were even spning from illegitimate children ; and as none of them had the least pretence of right, it is natu- ral to conjecture that Edward had secretly encouraged them to appear in the lists of claimants, that he might sow the more division among the Scottish nobility, make the cause appear the more intricate, and be able to choose, among a great nimibcr, the most obsequious candidate. But he found them all equally obsequious on tliis occasion. Robert Bruce was the first that acknow- ledged Edward's right of superiority over Scotland ; and he had so far foreseen the king's pretensions, that • It iasAid by Hcminffoid, rol. i. p. .13. that the kins mc.iRrc^ \loIcntlj t.'ic Soctch t^irons, and forval them to comi'liAnc , a: least to •ilcnce. even in his petition, where he set forth his claim to tlia crown, he had jireviously applied to him as liege lord of tlie kingdom, a step which was not taken by any ot the other competitors. They all, however, with seem- ing willingness, made a like acknowledgment when re- quired ; though BaUol, lest he should give offence to the Scottish nation, had taken care to be absent during the fii'st days, and he was the last that recognised the king's title. Edward next deliberated concerning the method of proceeding in the discussion of this great controversy. lie gave orders that Baliol, and such of the competitors as adhered to him, should choose forty commissioners ; Bruce and his adherents forty more ; to these the king added twenty-four Englishmen : he ordered these hundred and four commissioners to ex- amine the cause deUberately among themselves, and make their report to him : and he promised in the en- suing year to give his determination. Meanwhile he pretended that it was requisite to have aU the fortresses of Scotland delivered into his hands, in order to enable him, without opposition, to put the true heir in posses- sion of the crown ; and this exorbitant demand was complied with both by the states and by the claimants. The governors also of all the castles immediately re- signed their command, except Umfreville,earl of Angus, who refused, without a formal and particular acquittal from the parliament and the several claimants, to sur- render his fortresses to so domineering an arbiter, who had given to Scotland so many just reasons of suspicion, Before this assembly broke up, ivhich had fixed such a mark of dishonour ou the nation, all the prelates and barons there present swore fealty to Edward; and that prince appointed commissioners to receive a like oath from all the other barons and persons of distinction ia Scotland. The king having finally made, as he imagined, this important accjuisition, left the commissioners to sit at Berwick, and examine the titles of the several competi- tors wb.o claimed the precarious crown, which Edward was willing for some time to allow the lawful heir to enjoy. He went southwards, both in order to assist at the funeral of his mother, queen Eleanor, who died about this time, and to compose some difteremces which had arisen among the principal nobility. Gilbert, carl of Gloucester, the greatest baron of the kingdom, had espoused the king's daughter ; and being elated by that alliance, and still more by his own power, which, ho thought, set him above the laws, he permitted his bailiffs and vassals to commit violence on the lands of Humphry Bohun, earl of Hereford, who retaliated the injui-y by like violence. But this was not a roign in which such illegal proceedings could pass with im- punity. Edward procured a sentence against the two earls, committed thom both to prison, and would not restore thom to their liberty till he exacted a fine of 1000 marks from Hereford, and one of 10,000 from his son-in-law. 1292. During this intenal, the titles of John Baliol and of Robert Bruce, whose claims appeared to be the best founded among the competitors for the crown of Scotland, were the subject of general disquisition, as well as of debate among the commissioners. Edward, in order to give greater authority to bis intended de- cision, proposed this general question, both to tlie commissioners and to all the celebrated lawyers in Europe ; Whether a person descended from the eldest sbter, but further removed by one degree, were pre- ferable, in the succession of kingdoms, fiefs, and other indivisible inheritances, to one descended from the younger sister, but one degree nearer to the common stock ? This was the true state of the case ; and the principle of representation had now gained such ground everywhere, that a uniform answer was returned to the king in the affirmative. He therefore pronounced sentence in f.ivour of Baliol ; and when Bruce, upon this disappointment, jowied afterwards lord Hastings, and claimed a third of the kingdom, which hi iiot7 pretended to be divisible, Edward, though his interest 1S2 THE HISTOKY OF ENGLAND. [Chap. Xlir seemed more to require the partition of Scotland, again pronounced sentence in iavour of Baliol. That coni- jietitor, upon renewinj; his oatli of fealty to Kngland, w;is put in possession of the kingdom ; all his fortresses were restored to him ; and the conduct of Edward, both in the deliherate solemnity of the proceedings, and in the justice of the award, was so far unex- ceptionable. 1293. Had the long entertained no other view than that of establisliing his superiority over Scotland, though tlie iniquity of that claim «as .apparent, anil was aggravated by the most egregious breach of trust, lie might have fixed his pretensions, and have left that important acquisition to his posterity: but ho imme- diately proceeded in such a manner, as made it evident that, not content with this usuriKition, he aimed also at the absolute sovereignty aud dominion of the king- dom. Instead of gradually inuring the Scots to the yoke, and exei-ting his rights of superiority with moderation, he encouraged all appeals to England; required king John himself, by six different summons on trivial occasions, to come to London ; refused him the privilege of defending his cause by a procurator ; and obliged him to appear at the bar of his parliament ns a private person. These humiliating demands were hitherto quite unknown to a king of Scotland : they are, however, the necessary consequence of vassalage by the feudal law ; and as there w.as no preceding in- stance of such treatment submitted to by a prince of that country, Edward must, from that circumstance alone, had there i-emaincd any doubt, have been himself convinced that his claim was altogether an usurpation. [See note V, at the end of this Vol.^ But his intention plainly was, to enrage Baliol by these indignities, to engage him in rebellion, and to assume the dominion of the state, as a punishment of his treason and felony. Accordingly Baliol, though a prince of a soft and gentle spirit, returned into Scotland highly provoked at this usage, and determined at all hazards to vindicate his liberty : and the war which soon after broke out be- tween France and England gave liim a favourable op- portunity of executing his purpose. WAR WITH FRANCE. The violence, robberies, aud disorders, to which that age was so subject, were not confined to the Ucentious barons and their retainers at land : the sea was equally infested with piracy : the feeble execution of the laws had given licence to all orders of men ; and a general appetite for rapine and revenge, supported by a false point of honour, had also infected the merchants and mariners ; and it pushed them, on any provocation, to seek redress by immediate retaliation upon the aggres- sors. A Norman and an English vessel met off the coast near Bayonne ; and both of them having occa- sion for water, they sent their boats to land, and the several crews came at the same time to the same spring : there ensued a quarrel for the preference : a Norman, di-awing his dagger, attempted to st.ab an Englishman ; who, gr.appling with him, threw his ad- versary on the ground ; and the Norman, as was pre- tended, falling on his own dagger, was slain. This scuffle between two seamen about water, soon kindled a bloody war between the two nations, aud iuvolved a great part of Europe in the quarrel. The mariners of the Norman sliip carried their complaints to the French kinff : Philip, withont inquiring into the fact, without demanding redress, bade them take revenge, and trouble him no more about the matter. The Normans, who had been more regular than usual in applying to the crown, needed but this hint to proceed to immedi- ate violence. They seized an English ship in the Channel ; and hanging, along with some dogs, several of the crew on the yard-arm, in presence of their com- p.anions, dismissed the vessel ; and bade the mariners inform their countrymen, that vengeance was now taken for the bbod of the Norman killed at Bayonne. This injury, accompanied with so general aud delibe- rate an insult, was resented by the mariners of the cinciue-iiorts, who, without carrying any complaint to the king, or waiting for redress, retaliated, by commit- ting like barbarities on all French vessels without dis- tinction. The French, provoked by their losses, preyed on the ships of all Edward's subjects, whether English or Gascon : the sea became a scene of piracy between the nations : the sovereigns, without either seconding or repressing the violence of their subjects, seemed to remain indifferent spectators : the English made pi'ivate associations with the Irish and Dutch seamen ; the French with Flemish and Genoese . and the animosities of the people on both sides became every day more violent and barbarous. A ileet of two hundred Norman vessels set sail to the south for wine and other commodities ; and in their passage seized all the Enghsh ships which they met with ; hanged the seamen, and seized the goods. The inhabitants of the English seaports, informed of this incident, fitted out a fleet of sixty sail, stronger and better manned than the others, and awaited the enemy on their return. After an obstinate battle, they put them to rout, and sunk, destroyed, or took the greater part of them. No quarter was given ; and it is pretended that the loss of the French amounted to fifteen thousand men : which is accounted for by this circumstance, that the Norman fleet was employed in tr.ansporting a consider- able body of soldiers from the south. The affair was now become too important to be any longer overlooked by the sovereigns. On Philip's sending an envoy to demand reparation aud restitution, the king dispatched the bishop of London to the French court, in order to accommodate the quaiTel. He first said that the Enghsh courts of justice were open to all men ; and if any Frenchman were injured, he might seek reparation by course of law. He next offered to adjust the matter by private arbiters, or by a personal interview with the king of France, or by a reference either to the pope or the coUege of cardinals, or any particular cardinals agreed on by both parties. The French, probably the more disgusted as they were hitherto losers in the quarrel, refused all these expe- dients : the vessels aud the goods of merchants were confiscated on both sides ; depredations were continued by the Gascons on the western coast of France, as well as by the English in the Channel : Phi- lip cited the king, as duke of Guienne, to appear in his court at Paris, and answer for these oft'ences : and Edward, apprehensive of danger to that province, sent John St. John, an experienced soldier, to Bourdeaux, and gave him directions to put Guienne in a postui'e of defence. 1294. That he might, however, prevent a final rup- ture between the nations, the king dispatched his brother, Edmond, earl of Lancaster, to Paris; and as this jjrince had espoused the queen of Navarre, mother to Jane, queen of France, he seemed, on account of that alliance, the most proper person for finding expe- dients to accommodate the difference. Jane pretended to interpose with her good ofiices : Mary, the queen- dowager, feigned the same amicable disposition : and these two princesses told Edmond, that the circum- stance the most difficult to adjust was the point of honour with Philip, who thought himself affronted by the injuries committed against him by his sub-vassals in Guienne: but if Edward would once consent to give him seizin and possession of that province, he would think his honour fully repaired, would engage to restore Guienne immediately, and would accept of a very easy satisfaction for all the other injuries. The king was consulted on the occasion ; and as he then found himself in immediate danger of war with the Scots, which he regarded as the more important concern, this pohtic prince, blinded by his favourite passion for subduing that nation, allowed himself to be deceived by so gi'oss an artifice. He sent his brother orders to sign and execute the treaty with the two queens ; Philip Chap XIII.] EDWARD I. 1272—1307 183 solemnly promised to execute his part of it ; and the kiuij's citation to appear in the court of France was accordingly recalled : but the French monarch wa-s no sooner put in possession of Guienne, than the cita- tion wiw renewed ; Edward was condemned for non- appearance ; and Guienne, by a formal sentence, was declared to be forfeited and annexed to the crown. Edward, fallen into a like snare with that which he himself had spread for the Scots, was enraged; and the more so, as he was justly ashamed of his own cou- Juct, in being so egregiously overreached by the court of France. Sensible of the extreme difficulties which he should encounter in the recovery of Ga.scony, whore he had not retained a single place in his hands, he en- deavoured to compensate that loss, by forming alliances with several princes, who he projected should attack France on all quarters, and make a diversion of her forces. Adolphus do Nas.sau, long of the Romans, entered into a treaty with him for that purpose ; as did also Amad.neus, count of Savoy, the archbishop of Cologne, the counts of Gueldre and Luxembourg, the duke of LSrabant and count of Barre, who had married his two daughters, JIargaret and Kleanor : but these alliances were extremely burdensome to his narrow revenues, and proved in the issue entirely ineffectual. More impression was made on Guienne by an English army, which lie completed by emptying the jails of many thousand thieves and robbers, who had been con- fined there for their crimes. So low had the profes- sion of arms fallen, and so much had it degenerated from the estimation in wliich it stood during the vigour of the feudal system ! I2n.'i. The king himself was detained in England, first by contrary winds, then by his apprehension of a Scottish invasion, and by a rebellion of the Welsh, whom he repressed and brought again under subjec- tion. The army which he sent to Guienne, was com- manded by his nephew, John de Bretagne, earl of Richmond, and under him by St. John, Tibetot, de Vere, and other officers of reputation ; who made themselves masters of the town of Bayonne, as well as of Bourg, Blaye, Reole, St. Severe, and other places, which straitened Bourdeaux, and cut off its communi- cation both by sea and land. The favour wliich the Gascon nobility bovo to the English government facili- tated these conquests, and seemed to promise still greater successes ; but this advantage was soon lost by the misconduct of some of the officers. Philip's bro- ther, Charles de Valois, who commanded the French armies, having laid siege to Podensac, a small fortres-s near Keole, obliged GifKird, the governor, to capitulate; and the articles, though favourable to the English, left all the Gascons prisoners at discretion, of whom above fifty were liauged by Charles as rebels ; a policy by which he both intimidated that people, and produced an irreparable breach between them and the English. That prince immediately attacked Reole, where the earl of Richmond himself commanded ; and as the j)lace seemed not tenable, the English general drew his troops to the water-side, with an intention of embark- ing with the greater part of the army. The enraged Gascons fell upon his rear, and at the same time opened their gates to the French; who, besides making themselves masters of the place, took many prisoners of distinction. St. Severe wa.s more \-igorously de- fended by Hugh de Vere, son of the earl of Oxford ; but was at last obliged to capitulate. The French king, not content with these successes in Gascony, threatened England with an invasion ; and, by a sudden attempt, his troops took and burnt Dover ; but were obliged soon after to retire. \^.i in order to make a greater diversion of the English force, and engage Edward in dangerous and important wars, he formed a secret alliance with John Baliol, king of Scotland; the commencement of tluit strict union which during so many centuries was maintained by mutual interests ajid necessities between the French and Scottish na- tions. John confirmed this alliance, by stipulating a marriage between his eldest son and the danghtcr of Charles de Valois. DIGRESSION CONCERNING THE CONSTITU- TION OF PARLIAMENT. The experises attending these multiphed wars of Ed- ward, and his preparations for war, joined to alterations which haosed the will of the more powerful minority. But tliere were other important consequences which followed the diminution and consenuent disuse of the ancient feudal militia. The king's expense in levying and maintaiidng a military force for every enterprise was increased beyond what his narrow revenues were able to l)ear : as the scutages of his military tenants, which were accepted in lieu of their i)ei-sonal service, had fallen to notliing, there were no means of supply but froni voluntary aids granted him by the parhament and clergy ; or from the talliages wluch he might levy upon the towns and inhabitants in royal demesne. In the preceding year Edward had been obliged to exact no loss than the si.xth of all moveables from the laity, and a moiety of all ecclesiastical benefices, for his ex|)edition into Poictou, and the suppre.s.sion of the Welsh : and this distressfid situation, which was likely often to return upon him and his successors, made him think of a new device, and summon the representatives of all the borojighs to parliament. This period, which is the twenty-third of his reign, seems to be the real and the true epoch of the house of commons, and the faint dawn of popidar govern- ment in England. For the representatives of the counties were only dejiuties from the smaller barons and lesser nobility : anil the former precedent of the representatives from the boroughs, who were sum- moned by the carl of Leicester, was regarded as the act of a violent usurpation, had been discontinued in all the subsequent parliaments ; and if .such a measure had not become necessary on other accounts, that precedent was more likely to blast than give credit to it. During the course of several years, the kings of England, in imitation of other European princes, had embraced the salutary policy of encouraging and pro- tecting the lower and more industrious orders of the state ; whom they found well disposed to obey the laws and civil m.igistrate, and whose ingcniuty and labour furnished commodities requisite for the orna- ment of peace and support of war. Though the in- habitants of the country were still left at the dispo.sal of their imperious lords, many attempts were made to give more security and liberty to citizens, and make them enjoy unmolested the fruits of their industry. Boroughs were erected by royal jxitent within the demesne lands ; liberty of trade was conferred upon them : the inhaliitanfs were allowed to farm at a fixed rent their own tolls and customs: they were permitted to elect their own magistrates: justice was adminis- tered to them by these magistrates, without obliging them to attend the sheriff or county-court : and some shadow of independence, by means of tliese equitable privileges, was gradually acquired by the peoiile. The king, however, retained still the power of levying tal- liages or taxes upon them at pleasure;* and though their poverty and the customs of the age, made these demands neither frequent nor exorbitant, such un- • The kinK IiaJ nnc only the power of tiilliatina the inhahitants within hi'3 own dctTitfiiKN, but thatofffrantitip to ptirticultir banjiisthc power of tilliaiiug theinh.'ihittmts ^ iihiii theirs. St« Uiittly'3 Anawer to I'ctyt p. 118. MluJjX, llt-t. of the t^xchcquer, pa^c 61U. Vol. I. limited authority in the sovereign was a sensible chock upon commerce, and was utterly incompatible with all the principh.'S of a free government. But when the multiplii'd necessities of the crown itroduccd a greater avidity for supply, the king, whose prerogative entitled him to exact it, found that he had not power suffici- ent to enforce his edicts, and that it w;i.s necessary, before he imposed taxes, to smooth the way for liia demand, and to obtain the ]>rcvious consent of the boroughs, by solicitations, remonstrances, and autho- rity. The inconvenience of transacting this business with every particular borough was soon felt, and lOdward became sensible that the most exiieditious way of obtaining sujiply was, to assemble the deputies of all the boroughs, to lay belbro them the necessities of the state, to discuss the matter in their presence, and to require tlieir consent to the demands of their sovereign. For this reason he issued wiits to the sheriff's, enjoining them to send to parliament, along with two knights of the shire, two deputies from eacli borough within their county,' and these provided with sufficient powers from their community to consent, iu their name, to what ho and his council should require of them. " As it is a most equitable rule," he sa3's, in his preamble to this writ, " that what concerns all should be approved of by all ; and common dangers be repelled by united efforts ;"t a noble principle, which may seem to indicate a liberal mind in the king, and which laid the foundation of a free and an eqiutable government. After the election of these deputies by the aldermen and common councU, they gave sureties for their attendance before the king and parliament : theii' charges were respectively borne by the borougli which sent them ; and they hatl so little idea of appearing as legislators, a character extremely wide of their low rank and condition, that no intelligence could be more disagreeable to any borough, than to find that they must elect, or to any individual than that he was elected to a trust from which no profit or honour could possibly be derived. They composed not, properly speaking, any essential part of the parliament ; they sat apart both from the barons and knights, who dis- dained to mix with such mean personages ; after they had given their consent to the taxes required of them, their business being then finished, they separated, even though the parliament still continued to sit, and to canvass the national business ; and as tJiey all con- sisted of men who were real burgesses of the place from wliich they were sent, the sheriff', when he tbund no person of abilities or wealth suihcient for the office, often used tlie freedom of omitting particular boroughs in his returns ; and as he received the thanks of the people for this indulgence, he gave no displeasure to the court, who levied on all the boroughs, without di.s- tinction, the tax agreed toby the majority of deputies.? The union, however, of the representatives from the boroughs gave gradually more weight to the whole order ; and it became customary for them, in return for the supplies which they granted, to jirefer petitions to the crown for the redress of any particular grievance of which they found reason to complain. The more tlie king's demands multiplied, the faster these pe- titions increased both in number and authority ; and the prince found it difficult to refuse men whose grants had supported his throne, and to whose assistance he might so soon be again obhged to have recoui'se. The * Writs wrrc issueil to al'otit 120 cities and boroiiglis, t Urady of Koroughs, «. 25, 33, fi-om the records. TIte writs of the parlia* ineiit iiniitediatcly precioing remain ; anti llie return of kniKlits is tliere re- qnked. but nor a word of tile boroughs; a di-rnonstration tiiat this was the very year in wfTich they cotninentxd. In the year immediately preceding, ttie taxes \vi;re levied by a seeming free consent of eacli particular borough, beginning with Loudon. Id. p. 31, 32. :J3, from the records. Also his Answer u> I'etypt. u. 4 I, 41. X There Is even an instance in the reign of Kdward III., when the ainif named all tlie deputies. Ura'ly'a Ans. to I'dyt, p. Hi. II he fairly nanrt the most considerable and creditable burgcsies, little exception would be taken> as ttieir hueincss was not to clie> k the king, but to rjjon witli him, ai«J con sent to iiii demands. It was not till the reign of Richard 1 1., tjlal the sheriffs were deprived of the power of omitting boroughs at pleasure. See Sr.it. a* large, 5th liichard I.'., c.ip. 4 2 B 186 THE HISTORY OF ENGLAND. [Chap. Xlll. commoDS, licwever, were still nuicli below the rank of legislators. [See Note IV, at the C7id of this Vol.] Their petitioiis, though thc-v received a verbal assent from the throne, were only the rudiments of laws : the judges were afterwardsentnistcd with the power of putting them into form ; and tlie kinir, by adding to them the sanction of his authority, and that sometimes without the assent of the nobles, bestowed validity upon them. The age did not refine so much as to perceive the danger of these irregularities. No man was displeased that the sovereign, at the desire of any class of men, should issue an order which appeared only to concern that class ; and his predecessors were so near possess- ing the whole legislative power, that he g.ave no disgust by assuming it in this seemingly inoft'ensive manner. But time and further experience gradually opened men's eyes, and coiTected tliese abuses. It was found that no laws could be fixed for one order of men withoiit affecting the whole ; and that the force and efficacy of laws depended entirely on the terms em- ployed in wording them. The house of peers, there- fore, the most powerful order in the state, with reason expected that their assent should be expressly granted to all public ordinances ;* and in the reign of Henry V., the commons required that no law should be framed merely upon their petitions, unless the statutes were worded by themselves, and had passed their house in the form of a bill. But as the same causes which had produced a p.iT- tition of the property continued still to operate, the number of knights and lesser barons, or what the English call the gentry, perpetually increased, and they sunk into a rank stiU more inferior to the great nobility. The equality of tenure was lost in the great inferiority of power and property ; and the house of representatives from the counties was griidually sepa- rated from that of the peers, and formed a distinct order in the state. The growth of commerce mean- while augmented the private wealth and consideration of the burgesses ; the frequent demands of the crown increased their public importance ; and as they re- sembled the knights of shires in one material circum- stance, that of representing particular bodies of men, it no longer appeared unsuitable to unite them together in the same house, and to confound their rights and privileges. [See note X, at the end of this Vol.] Thus the third estate, that of the commons, reached at last its present form ; and as the country gentlemen made thenceforwards no scruple of appearing as deputies from the boroughs, the distinction between the mem- bers -was entirely lost, and the lower house acquii'ed thence a great accession of weight and importance in the kingdom. Still, however, the office of this estate ■was veiy different from that which it has since exer- cised with so much advantage to the public. Instead of checking and controlling the authority of the king, they were naturally induced to adhere to him as the great fountain of law and justice, and to support him against the power of the aristocracy, which at once was the source of oppression to themselves, and dis- turbed him in the execution of the laws. The king in his turn gave countenance to an order of men, so useful and so little dangerous : the peers also were obliged to pay them some consideration ; and by this means the third estate, formerly so abject in England, as well as in all other European nations, rose by slow degrees to their present importance ; and in their pro- gress made arts and commerce, tlie necessary attend- ants of liberty and equality, flourish in the kingdom. [See note Y,at the end ol this Vol.] What sufficiently proves that the commencement of the house of burgesses, who are the tnie commons, was not an affair of chance, but arose from the necessities • In those instances found in Coriori's Al)ritl;yrment, where the liing ap- pears tn answer of hiaiscif the petitions of the eominons, he proljalily exerted no more than that power which was \imif inherent in the crown, of ri-f,n)latini' liiatteni by royal edicts or proclamations. !)u' no durable or general statute ik:em5ever to have been made t«y the kins from the [jetitinn of the commons alone, without the assent of the peers It is more likely tliat the peers alone, n-itbout the commons, would enact sututes. of the present situation, is, that Edward at the very same time summoned deputies from the inferior clergy, the fii-st that ever met in Engl.and, and ho required them to impose taxes on their constituents for the public service. Formerly the ecclesiasticjil benefices bore no part of the burdens of the state : the pope indeed of late had often levied impositions upon them : he had sometimes granted this power to the sovereign : the king himself had in the preceding year exacted, by menaces and violence, a very grievous tax of half the revenues of the clergy ; but as this precedent was dangerous, and could not easily be repeated in a government which required the consent of the subject to any extraordinary resolution, Edward found it more prudent to assemble a lower house of convocation, to lay before them his necessities, and to ask some sup- ply. But on this occasion ho met with difficulties. Whether that the clergy thought themselves the most independent body in the kingdom, or were disgusted by the former exorbitant impositions, they absolutely refused their assent to the king's demand of a fifth of their moveables ; and it was not till a second meeting that, on their persisting in this refusal, he was willing to accept of a tenth. The barons and knights granted him, without hesitation, an eleventh ; the burgesses a seventh. But the clergy still scrupled to meet on the king's writ, lest by such an instance of obedience they should seem to acknowledge the authority of the tem- poral power : and this compromise was at last fallen upon, that the king should issue his writ to the arch- bishop ; and that the archbishop should, in conse- quence of it, summon the clergy, who, as they then appeared to obey their spiritual superior, no longer hesitated to meet in convocation. This expedient, however, was the cause why the ecclesiastics were separated into two houses of convocation under their several archbishops, and formed not one estate, as in other countries of Europe, which was at first the king's intention. AVe now return to the course of our narra- tion. Edw,000 men, to lay siege to Dunbar, which wa-s defended by the rtower of the Scottish nobility. The Scots, sensible of the importance of this place, which, if taken, laid their whole country open to the enemy, advanced with their main army, under the command of the earls of Buchan, Lenox, and Marre, in order to reheve it. Warrenne, not dismayed at the gi-eat superiority of their number, marched out to give them battle. He attacked them (iTth April) with great vigour ; and as undisciplined troops, when nu- merous, arc but the more exposed to a panic upon any alarm, he soon threw them into confusion, and chased them of!" the tield with gi-eat slaughter. The loss of the Scots is said to have amounted to 20,000 men : the castle of Dunbar, with all its garrison, surrendered next day to Kdward, who, after the battle, had brought up the main body of the English, and who now pro- ceeded with an assured confidence of success. The castle of Hoxborough was yielded by James, steward of Scotland ; and that nobleman, from whom is de- scended the royal family of Stuart, was again obliged to swear fealty to Edward. After a feeble resistance, the castles of Edinburgh and Stirling opened their gates to the enemy. All the southern jiarts were instantly subdued by the English ; and to enable them the better to reduce the northern, whose inaccessible situation seemed to give them some more security, Edward sent for a strong re-enforcement of Welsh and Irish, who, being accustomed to a desultory kind of war, were the best fitted to pursue the fugitive Scots into the recesses of their lakes and mountains. But the spirit of the nation w;vs already broken by their misfortunes ; and the feeble and timid Baliol discon- tented with his own subjects, and overawed by the English, abandoned all those resources which his people might yet have possessed in this extremity. He hastened to make his submissions to Edward ; he expressed the deepest penitence for liis disloyalty to his liege lord ; and he made a solemn and irrevocable resignation of his crown into the hands of that monarch. Edward marched northwards to Aberdeen and Elgin, without meeting an enemy : no Scotchman approached him but to pay him submission and do him honi;ige : even the turbulent Highlanders, ever relractory to their own princes, and averse to the restraint of laws, endeavoured to prevent the deva-station of their country by giving him early proofs of obedience : and Edward, having brought the whole kingdom to a seeming state of traiuiuillity, returned to the south with his army. There was a stone to wliich the po]uilar superstition of the Scots paid the highest veneration : all their kings were seated on it when they received the rite of inauguration ; an ancient tradition as.sured them, that, wherever this stone was placed, their nation should always govern : and it was carefully preserved at Scone, as the true palladium of their monarchy, and •heir ultimate resource amidst all their mi.sfortuncs. Edward got possession of it, and carried it with him to England. He gave ortlers to destroy the records, and all those monuments of antiquity which might preserve the memory of the independence of the king- dom and refute the English claims of suiieriority. The Scots pretend that he also destroyed all the aanals preserved in their convents : but it is not probable that a nation, so rude and nnpolishol, should be possessed of any liistoi-y which ileserves much to be regretted. The great seal of Baliol was broken ; and that prince himself was carried prisoner to London, and committed to custody in the Tower. Two years after, he was restored to liberty, and submitted to a volun- tary banishment in France; where, without making any further attc'inpts for the recovery of his royalty, he died in a private station, l-'.arl Warrenne was left governor of Scotland: Englishmen were entrusted with the chief offices : and Edward, flattering himself that he had attained the end of all his wishes, and that the numerous acts of fraud and violence, which he had practised against Scotland, had terminated in the final reduction of that kingdom, relnrucd with his victori- ous army into England. WAR WITH FRANCE. An attempt which he made about the same time, for the recovery of Guienne, was not equally successful. He sent thither an army of 7000 men, under the com- mand of his brother, the earl of Lancaster. That prince gained .it first some advantages over the French at Bourdeau.x ; but he was soon after seized with a distemper, of which he died at Bayonne. The com- mand devolved on the carl of Lincoln, who was not able to pei-form anything considerable during the rest of the campaign. But the active and ambitious spirit of Edward, while his conquests brought such considerable accessions to the English monarchy, could not be satisfied, so long as Guienne, the ancient patrimony of his family, was wrested from him by the dishonest artifices of the French monarch. Finding that the distance of tliat province rendered all his eflorts against it feeble and uncertain, he purposed to attack France in a quarter where she appeared more vulnerable ; and with this view he niarned his daughter P^lizabeth to John, earl of Holland, and at the same time contracted an alli- ance with Guy, earl of Flanders, stipulated to pay him the sum of 75,000 pounds, and ]>rojected an invasion, with their united forces, upon Philip, their common enemy. He hoped that, when he himself, at the head of the English, Flemish, and Dutch armies, re-enforced by his German allies, to whom he had promised or remitted considerable sums, should enter the frontiers of France, and threaten the capital itself, Philip would at last be obliged to relinquish his acquisitions, and purchase peace by the restitution of Guienne. But, in order to set this great machine in movement, con- siderable supplies were requisite from the parhament ; and Edward, without much difficulty, obtained from the barons and knights a new grant of a twelfth of all their moveables, and from tlie boroughs that of an eighth. The great and almost unlimited power of the king over the latter enabled him to throw the heaner part of the burden on them ; and the prejudices which he seems always to have entertained against the church, on account of the former zeal of the clergy for the Xlountfort faction, made him resolve to load them with still more considerable impositions ; and he re- quired of them a fifth of their moveables. But he here met with au opposition which for some time dis- concerted all his measures, and engaged liim in enter- prises that were somewhat dangerous to Aim; and woidd have proved fatal to any of his predecessors. DISSENSIONS WITH THE CLERGY. Boniface VIII., who had succeeded Celestine in the papal throne, was a man of the most lofty and enter- prising spirit ; and, though not endowed with that severity of manners which coininonly accompanies ambition in men of his order, he was deteriEiiiied to carry the authority of the tiara, and his dominion over the temporal power, to as great a height as it had ever attained in any former period. Sensible that his irn mediate predecessors, by oppressing the church Lii lt)8 TH[-: HISTORY OF ENGLAND. [Chap. XIII every piovince of Christendom, had extremely alien- ated the aft'ectious of the clergy, and had afl'orded the ci^nl magistrate a pretence for laying like impositions on ecclesiastical revenues, he attempted to resume the former station of the sovereign pontiff', and to cstahlish himself as tlio common protector of the spiritual order against all invaders. For this purpose he issued, very early in his pontificate, a general bull, prohihiting all princes from levying, without his con- sent, any taxes npon the clergy, and all clergymen from submitting to such impositions; and he threat- ened both of them with the penalties of excommnnica- tiou in case of disobedience. This important edict is said to have been procured by the solicitation of Robert de Winchelsey, archbishop of Canterburj', who intended to employ it as a rampart against the violent extortions which the church had felt from Ed" ard, and the still greater, which that prince's multiplied necessities gave them reason to apprehend. When a demand, therefore, was made on the clergy of a fifth of their moveables, a tax which was probably much more grievous than a fifth of their revenue, as their lands were mostly stocked with their cattle, and culti- vated by their villains, the clergy took sheltei- under the bull of pope Boniface, and pleaded conscience in refusing compliance. The king came not immediately to extremities on this repulse ; but, after locking up all their granaries and b.irns, and prohibiting all rent to be paid them, he .ippointed a new synod, to confer with him npon his demand. The primate, not dis- mayed by these proofs of Edward's resolution, here plainly told him, that the clergy owed obedience to two sovereigns, their spiritual and their temporal ; but Iheir duty bound them to a much stricter attachment to the former than to the latter : they could not comply with his commands, (for such, in some measure, the requests of the crown were then deemed,) in contradic- tion to the express prohibition of the sovereign pontiff. 1297. The clergy had seen, in many instances, that Edward paid little regard to those numerous privi- leges on which they set so high a value. He had formerly seized in an arbitrary manner, all the money and plate belonging to the churches and convents, and had applied them to the public service ; and they could not but expect more violent treatment on this sharp refusal, grounded on such dangerous principles. In- stead of applying to the pope for a relaxation of his bull, he resolved immediately to employ the power in his hands; and he told the ecclesiastics, that, since they refused to support the civil government, they were unworthy to receive any benefit from it ; and he would accordingly put them out of the protection of laws. This vigorous measure w.as immediately carried into execution. Orders were issued to the judges to receive no cause brought before them by the clergy ; to hear and decide all causes in which they were de- fendants ; to do every man justice against them ; to do them justice against nobody. The ecclesiastics soon found themselves in the most miserable situation ima- ginable. They could not remain in their own houses or convents for want of subsistence : if they went abroad in quest of maintenance, they were dismounted, robbed of their horses and clothes, abused by every ruffian, and no redress could be obtained by them for the most violent injury. The primate himself was at- tacked on the highway, was stripped of his equipage and furniture, and was at last reduced to board him- self, with a single servant, in the house of a country clergyman. The king, me.inwhilp, remained an indif- ferent spectator of all these violences ; and, without employing his officers in committing any immedi.ite injury on the priests, which might have appeared in- vidious and ojjpressive, he took ample vengeance on them for their obstinate refusal of his demands. Though the archbishop issued a general sentence of e.KCommunication agiiinst all who attacked the persons or property of the ecclesiastics, it was not regarded: while Edward enjoyed the satisfaction of seeing the people become the voluntary insttumonts of his justicfl against them, and inure themselves to throw otF that respect for the sacred ordci-, by which they had so long been overawed and governed. The spirits of the clergy were at last broken by this harsh treatment. Besides that the whole province of York, which lay nearest the danger that still hung over them from the Scots, voluntarily, from the first, voted a fifth of their moveables : the bishops of Salis- bury, Ely, and some others, made a composition for the secular clergy within their dioceses; and they agreed not to pay the fifth, which would have been an act of disobedience to Boniface's bull, but to deposit a sum equivalent in some church appointed them ; whence it was taken by the king's officers. JIany par- ticular convents and clergymen made payment of a like sum, and received the king's protection. Those who had not ready money, entered into recognizances for the payment. And there was scarcely found one ecclesiastic in the kingdom, who seemed willing to suffer, for the sake of religious privileges, this new species of martyrdom, the most tedious and languish- ing of any, the most mortifying to spiritual pride, and not rewarded by that crown of glory which the church holds up, with such ostentation, to her devoted adherents. ARBITRARY MEASURES. But as the money granted by parliament, though considerable, was not sufficient to supply the king's necessities, and that levied by compositions with the clergy came in slowl)-, Edwai'd was obliged, for the ob- taining of further supply, to exert his arbitrary power, and to lay an oppi'essive hand on all orders of men in the kingdom. He limited the merchants in the quan- tity of wool allowed to be exported ; and at the same time forced them to j)ay him a duty of forty shillings a sack, which was computed to be above the third of the value. He seized all the rest of the wool, as well as all the leather of the kingdom, into his hands, and dis- posed of these commodities for his own benefit. Ue required the sherifis of each county to supply him with 2,000 quarters of wheat, and as many of oats, which he permitted them to seize wherever they could find them : the cattle and other commodities necessary for supplying his army were laid hold of without the con- sent of the owners. And though he promised to pay afterwards the equivalent of all these goods, men saw but little probability that a prince, who submitted so little to the limitations of law, could ever, amidst his multiplied necessities, be reduced to a strict observ- ance of his engagements. He showed, at the same time, an equal disregard to the principles of the feudal law, by which all the lands of the kingdom were held : in order to increase his army, and enable him to sup- port that great effort which ho intended to make against France, he required the attendance of every proprietor of land possessed of twenty pounds a year, even though he held not of the crowij, and was not obliged by his tenure to perform any such service. These acts of violence and of arbitrary power, not- withstanding the great personal regard generally borne to the king, bred murmurs in every order of men ; and it w.as not long ere some of the great nobility, jealous of their own privileges as well as of na- tional liberty, gave countenance and authority to these complaints. Edward assembled on the sea- coast an army, which he purposed to send over to Gascony, while he himself .'should in person r.iake an impression on the side of Flanders ; and he intended to put these foices under the command of Humphrey Bohun, earl of Hereford, the constable, and Roger Bigod, earl of Norfolk the marcschal of England. But these two powerful earls refused to execute hia commands, and affirmed that they were only obliged by their office to attend his person in the wars. A violent altercation ensued ; and the king, in the height Chap. Kill.] EDWARD I. 1272—1307. 189 of his passion, adjressing liiinsclf to tlio constable, exclaimed, "Sir tarl, Ijy (ioil, yon sliall eitlier go or Imng : " " By (iuil, sir I;in^'," replici Horefurd, "I will ufitlier {;o nor liani; ! " And he immediately de- parted with the niarcschal, and above thirty otlier con- siderable barons. Upon this opposition, the lly which Edward made to Boniface's letter contains particulars no less singular and remark- able. He there proves the superiority of England by historical facts, deduced from the period of Drutus, the Trojan, who, he said, founded the Britisli mon- archy in tlie age of Eli and Samuel : he supports his position by all the events which passed in tlie island before the arrival of the Homans; and after laying great stress on the extensive dominions and heroic victories of king Arthur, he vouchsafes at last to de- scend to the time of Edward the Elder, w ith w hicli, in his speech to the states of Scotland, he had chosen to begin his claim of supcriorily. lie asserts it to be a fact, " notorious and confirmed by the records of anti- quity," that the English monarchs had often conferred the kingdora of Scotland on their own subjects ; had dethroned these vassal kings when unfaithful to tiicm ; and had suhstituted others in their stead. He displays T;'ith great pomp the full and complete homage whicli William had dene to Henry II., without mentioning the form.ll abolition of that e.vlorted deed )iv kin" Ilichard, and the renunciation of all future claims of the same nature. Yet this paper lie begins wiili a solemn appeal to tlie Almighty, the searcher of hearts, for his own firm persuasion of the justice of his claim; and no less than a hundred and four barons, assembled in i)arliamcnt at Lincoln, concur in maintaining before tiio pope, under their seals, the validity of these pre- tensions. At the same tima, however, they take care to inform Boniface that, though they had justified their cause before him, they did not acknowledge him for their judge; they had sworn to maintain all its royal prerogatives, and would never permit the king himself, were he willing, to relinquish its independence. 1302. That neglect, almost total, of truth and jus- lice, which sovereign states discover in their transac- tions with each other, is an evil universal and inve- terate; is one great source of the misery to which the human race is continually exposed; and it m.iy be doubted whether, in many instances, it be found in the end to contribute to the interest of those princes them- selves, who thus s.acrifice their integrity to their poli- tics. As few monarchs have lain under stronger temp- t;itious to violate the principles of equity than Edward in his transactions with Scotland, so never were they violated with less scru[)le and reserve ; yet his advan- tages were hitherto precarious and uncertain ; and the Scots, once roused to arms and inured to war, began to pppcara formidable enemy, even to this military and ambitious monarch. They chose John Cummin for tUeir regent ; and not content with maintaining their independence in the northern parts, they made incur- sions into the southern counties, which Edward ima- giued he had lotallv subdued. John do Segrave, n hoia Vol. r. he had left guardian of Scotland, led aa .limy (o op- pose tlu-m ; l'24th February, loOt;] and lying at Koslin, near Edinburgh, sent out his foices in threu divisions, to provide tliemselvcs with forage and sub- sistence from the neighbourhood. One jiarty was suddenly attacked by the regent and sir Simon Eraser; and being unprepared, was immediately looted and pursued with great slaughter. The few that escaped, flying to the second division, gave »varning of the ap- p'onch of the enemy : the soldiers ran to their arms, and were immediately led on to take revenge for tlie death of their countrymen. The Scots, c'hited with the advantage already obtained, made a vigorous im- pression upon them : the English, aninnited with a thirst of vengeance, maintained a stout resistance: the victory was long undecided between them ; but at last declared itself entirely in favour of the foiir.er, who broke the English and chased them to the third divi- sion, now advancing with a hasty march to support their distressed companions. Many of the Scots had fallen in the two first actions ; most of them were wounded ; and all of them extremely faiigued by the long continuance of the combat : yet were thev so transported with success and military rage, that, having suddenly recovered their order, and arming the followers of their camp with the si oils of the slaughtered enemy, they drove witli fuiy upon the ranks of the dismayed English. The favourable moment de- cided the battle; which the Scots, had they met with a steady resistance, were not long able to maintain ; the English were chased oflf the field ; three victories were thus gained in one day; and the renown of thcsa great exjiloits, seconded by the favourable dispositions of the people, soon made the regent master of all tlio fortresses in the south ; and it became necessary for Edward to begin anew the conquest of the kingriom. The king prepared himself for this enlerinite with his usual vigour and abilities. lie assenibled botji a great fleet and a great army ; and entering tlie fron- tiers of Scotland, appeared with a force which the enemy could not think of resisting in the open field; the English navy, which sailed along the coast, se- cured the army fiom any danger of famine: Edward's vigilance preserved it from surprises; and by this prudent disposition, they marched victorious from one extremity tf the kingdom to the other, ravaging the open country, reducing all tlio castles, and receiving the submissions of all the nobility, even those of Cum- min, the regent. The most obstinate resistance was made by the castle of Brechin, defended by sir Thomas Maule ; and the place opened not its gates till the death of the governor, by discouragi'ig the gar- rison, obliged them to submit to the fate w hich had overwhelmed the rest of the kingdom. "Wallace, though he attended the English army in their march, found but few opportunities of signalizing that valour which had formerly made him so teriible to his enemies. i;i04. Edward having completed his conquest, which employed him during the space of near two years, now undertook the more difficult woik of settling the country, of establishing a new form of goveinmcut, and of making his acquisition durable to the crown of England. He seems to have carried matters to ex- tremity against the natives ; he abrogated all the Scottish laws and customs; he endeavoured to sub- stitute the English in their place ; he entirely rased or destroyed all the monuments of antiquity ; such re- cords or histories as had escaped his foimer search were now burnt or dispersed ; and he hastened by too precipitate steps to abolish entirely the Scottish nano, and to sink it finally in the English. 1305. Edward, however, still deemed his favourite conquest exposed lo some danger so long as AVaiiaco was alive ; and being prompted both by revenge and policy, heemployed every art to discover his retreat, and become master of his person. At last that hardy war- rior, who was determined, amidst the universal sLivcry of his countrymen, still to maintain his iudopcnd- 20 194 THE HISTORY OF ENGLAND. [Chap. XIH. ency, was botrayoil into Edward's Iiaiids by sir John Monteitli, his t'lieiid, whom lie had made acqiiahitcd with tlie place of his conrealment. The king, whose nacural bravery and magnanimity shonhl have induced liim to respect' lilve qnalities in an enemy, enraged at some acts of violence committed by Wallace during tl;e I'urv of war, resolved to overawe the Scots by an example of severity: he ordered Wallace to he carried in chains to London ; (23rd August;) to be tried as a rebel and traitor, though ho had never made submis- sions ors«orn fealty to England, and to be executed on the Tower-hill. This was the unworthy fate of a hero, who, through a course of many years, had, with sig- nal conduct, intrepidity, and perseverance, defended against a public and oppressive enemy the liberties of his native country. But the barbarous policy of Edward failed of the purpose to which it was directed. The Scots, already disgusted at the great innovations introduced by the sword of a conqueror into their laws and goveriuneut, were further enraged at the injustice and cruelty exercised upon Wallace ; and all the en\-y which, during his life-time, had attended that gallant chief, being now buried in his grave, he was universally re- garded as the champion of Scotland, and the patron of her expiring independency. The people, inflamed with resentment, were everywhere disposed to rise against the English government ; and it was not long ere a new and more fortunate leader presented himself, who conducted them to liberty, to victory, and to venge- ance. ROBERT BRUCE. 130C. Robert Bruce, gi'andson of that Robert who had been one of the competitors for the ci'own, had succeeded by his grandfather's and father's death, to all their rights ; and the demise of John Baliol, together with the captivity of Edward, eldest son of that prince, seemed to open a full career to the genius and ambition of this young nobleman. He saw that the Scots, when the title to their crown had e-xi)ired in the males of their ancient royal family, had been divided into parties nearly equal between the houses of Bruce and Baliol ; and that every incident, which had since happened, had tended to wean them from any attachment to the latter. The slender capacity of John had proved unable to defend them against their enemies : he had meanly resigned his cro^vn into the hands of the conqueror ; he had, before his deliverance from captivity, reiterated that resignation in a manner seemingly voluntary ; and bad in that deed thrown out many reflections extremely dishonourable to his ancient subjects, whom he publicly called traitors, ruffians, and rebels, and with whom he declared he was determined to maintain no further corres])ond- ence : he had, during the time of his exile, adhered strictly to that resolution ; and his son, being a pri- soner, seemed HI qualified to revive the rights, now fully abandoned, of his family. Bruce therefore hoped that the Scots, so long exposed from the want of a leader to the oppressions of their enemies, would unanimously fly to liis standard, and would seat him on the vacant throne, to which he brought such plau- sible pretensions. His aspiring spirit, inflamed by the fervour of youth, and buoyed up by his natural cou- rage, saw the glory alone of the enterprise, or re- garded the prodigious diificnlties which attended it as the source only of further glory. The miseries and oppressions which he had beheld his countiymen suffer in their unequal contest ; the repeated defeats and misfortunes which they had undergone ; proved to him so many incentives to bring them relief, and con- duct them to vengeance against the haughty victor. The circumstances which attended Brace's first decla- ration are variously related ; but we shall rather follow the account given by the Scottish historians ; not tlia^ their authority is in general anywise comparable to that of the English, but because they may be supposed sometimes better informed conceruiug facts wliicli so nearly interested their own nation. Bruce, who had long harboured in liis breast the design of freeing his enslaved country, ventured at last to open his mind to John Cummin, a powerfiil nobleman, with whom he lived in strict intimacy. Ho foimd his friend, as he imagined, fully possessed with the same sentiments ; and he needed to employ no arts of persuasion, to make him embrace the resolu- tion ot thiowiug off, on the first favourable ojiportu- nity, the usurped dominion of the English. But on the departure of Bruce, who attended Edward to London, Cummin, who either had all along dissembled with him, or began to reflect more coolly in his absence on the desperate nature of his undertaking, resolved to atone for his crime in assenting to this rebellion, by the merit of revealing the scci'et to the king of England. Edward did not immediately commit Bruce to custody, because he intended at the same time fc seize his three brothers, who resided in Scotland ; and he contented liimself with secretly setting spies upon him, and ordering all his motions to be strictly watched, A nobleman of Edward's court, Bruce's intimate friend, was apprized of his danger ; but not daring, amidst so many jealous eyes, to hold any conversation with him, he fell on an expedient to give him warning, that it wasfuU time he should make his escape. He sent him by his servant a pair of gilt spurs, and a purse of gold, which he pretended to have borrowed from him ; and left it to the sagacity of his friend to discover the meaning of the present. Bruce immediately contrived - the means of his escape ; and as the ground was at that time covered with snow, he had the precaution, it is said, to order his hor.ses to be shod with their shoes inverted, that he might deceive those who should track his jiatli over the open fields or cross-roads, through which he purposed to travel. He arrived in a few days at Dumfries in Annandale, the chief seat of his family interest ; and he happily found a great number of the Scottish nobility there assembled, and among the rest John Cummin, his former associate. The noblemen were astonished at the appearance of Bruceamong them ; (lOthFebruai'y ;)andstill more when he discovered to them the object of his journey. He told them that he was come to live or die with them in defence of the liberties of his country, and hoped, with their as.sistance, to redeem the Scottish name from all the indignities which it had so long suffered from the tyranny of their imperious masters : that the sacrifice of the rights of his family' was the first injury which had prepared the way for their ensuing slavery ; and by resuming them, which was his firm purpose, he opened to them the joyful prospect of recovering from the fraudulent usurper their ancient and hereditary independence : that all past misfortunes had proceeded from their disunion ; and they Avoidd soon appear no less formidable than of old to their enemies, if they now deigned to follow into the field their rightful prince, who knew no medium between death and vic- tory : that their mountains and their valour, which had, during so many ages, protected their liberty from all the efforts of the Roman empire, would still be sufficient, were they worthy of their generous ances- tors, to defend them against the utmost violence of the English tyrant : that it was unbecoming men, born to the most ancient independence known in Europe, to submit to the will of any masters ; but fatal to receive those who, being irritated by such persevering resist- ance, and inflamed with the highest animosity, would never deem themselves secure in their usurped do- minion, hut by exterminating all the aiu'ient nobility, and even all the ancient inhabitants : and that, being reduced to this desperate extremity, it were better for them at once to perish, like brai'e men, with swords in their hands, than to dread long, and at last undergo, the fate of the unfortunate Wallace, whose merits, in the brave and obstinate defence of his country, were mOHA^ClCON CBlAKm UH WESTKinCNS'irElR A®i£' CnAP. XIII.] EDWARD I. 1272—307. 195 fijially rewarded by the Iiands of an English execu- tioner. The spiiit witli which this discourse was delivered, the bold sentiments wliich it conveyed, tlie novelty of Bruce's doclaration, assisted by the graces of his youth and manly deportment, made deep impression on the minds of his audience, and roused all those principles of indignation and revenge with which they had long been secretly actuated. The Scottish nobles declared their unanimous resolution to use the utmost eftbrts in delivering their country from bondage, and to second the courage of Bruce, in asserting his and their undoubted rights against their common oppressors. Cummin alone, who had secretly taken his measures with the king, opposed this general determination ; and by representing the great jjower of England, governed by a prince of such uncommon vigour and abilities, he endeavoured to set before them the cer- tain destruction which they nmst expect, if they again violated their oaths of fealty, and shook off their alle- giance to the victoiious Edwaid. Bruce, already apprized of his treachery, and foreseeing the certain failure of all his own schemes of ambition and glory from the opposition of so potent a leader, took immediately his resolution ; and, moved partly by resentment, partly by policy, followed Cummin on the dissolution of the assembly, attacked him in the cloisters of the Grey Friars, through which he passed, and running him through the body, left him for dead. Sir Thomas Kirkpatric, one of Bruce's friends, asking him soon after if the traitor was slain ; " I beheve so," replied Bruce. " And is that a matter," cried Kirkpatric, " to be left to conjecture V "I will secure him." Upon which he drew his dagger,ran to Cummin, and stabbed him to the heart. This deed of Bruce and his associ- ates, which contains circumstances justly condemned by our present manners, was regarded in that age as an effort of manly vigour and just policy. The familv of Kirkpatric took for the crest of their arms, wliicli they still wear, a hand with a bloody dagger ; and chose for their motto these words, " I will secure bim ;" the ex|n-ession employed by their ancestor when he executed that violent action. THIRD REVOLT OF SCOTLAND. The nnuder of Cummin afli.xed the seal to the con- spiracy of the Scottish nobles : they had now no re- source lelt but to shake off the yoke of England, or to perish in the attempt : the genius of the nation roused itself from its present dejection ; and Bruce, flying to different quarters, exited his partisans to arms,attacked with success the dispersed bodies of the English, got possession of many of the castles, and having made his authority be acknowledged in most parts of the king- dom, was solemnly crowned and inaugurated in the abbey of Scone, by the bishop of St. Andrews, who had zealously embraced his cause. The English were again chased out of the kingdom, except such as took shelter in the fortresses that still remained in their hands ; and Edward found that the Scots, twice con- quered in his reign, and often defeated, must yd be anew subdued. Not discouraged with these unex- pected difhculties, he sent Aymer de V.alence with a considerable force into Scotland, to check the progress of the malcontents; and that nobleman falling unex- pectedly u])on Bruce at Methven in Perthshire, threw his army into such disorder as ended in a total defeat. Bruce fought with the most heroic courage, was thrice dismounted in tlie action, and as often recovered liim- eelf, but was at last obliged to yield to superior fortune, and take shelter with a few followers in the western isles. The earl of Athole, sir Simon Eraser, and sir Christopher Seton, whohad been taken prisoners, were ordered by Edward to be executed as rebels and trai- tors. [1307.] JIany other acts of rigour were exercised by him ; and tiuit prince, vowing revenge against the '.Thole Scottish nation, whom he deemed incorrigible in their aversion to his government, assembled a great army, and was preparing to enter the frontiers, secure of success, and determined to make the defenceless Scots the victims of his severity ; when he unexpect- edly sickened and died (7th July) near Cariisle ; enjoining with his last breath his son and successor to prosecute the enterprise, and never to desist till he had finally subdued the kingdom of Scotland. He expired in the sixty-ninth year of his age, and the thirty-fifth of his reign, hated by his neighbours, but extremely respected and revered by liis own subjects. CUARACTER OF THE KING. The enterprises finished by this prince, and the pro- jects which he formed, and brought near to a conclu- sion, were more prudent, more regularly conducted, and more .advantageous to the soUd interests of his kingdom, than those which were undertaken in any reign, cither of his ancestors or his successors. He restored authority to the government, disordered by the weakness of his father ; he maintained the laws against all the efforts of his turbulent barons ; he fully annexed to his crown the princip.ality of Wales ; he took many wise and vigorous measures for reducing Scotland to a like condition ; and though the equity of this latter enterprise may re;isonably be questioned, the circumstances of the two kingdoms promised such certain success, and the adviintage was so visible of uniting the whole island under one head, that those who give great indulgence to reasons of state in thn measures of princes will not be apt to regard this part of his conduct with much severity. But Edward, how- ever exceptionable his character may appear on the head of justice, is the model of a politic and warlike king : he possessed industry, penetration, courage, vigilance, and enterprise ; he was frugal in all his expenses that were not necessary ; he knew how to open the public treasures on a proper occasion ; he jjunished criminals with severity ; he was gracious and affable to his servants and courtiers ; and being of a majestic figure, expert in all military exercises, and in the main well proportioned in his limbs, notwithstand- ing the great length and the smallness of his legs, he was as well qualified to captivate the populace by his exterior appearance, as to gain the approbation of men of sense by his more solid vii-tucs. MISCELLANEOUS TRANSACTIONS OF THIS REIGN. But the chief advantage which the people of England reaped, and still continue to reap, from the reign of this great prince, was the correction, extension, amend- ment, and establishment of the laws, which Edward maintained in great vigour, and left much improved to posterity: for the acts of a wise legislator commonly remain, while the acquisitions of a conqueror often perish with him. This merit has justly gained to Edward the appellation of the English .Justinian. Not only the numerous statutes passed in his reign touch the chief points of jurisprudence, and, according to sir Edward Coke, truly deserve the name of establish- ments, because they were more constant, standing, and durable laws than any made since ; but the regular order maintained in his administration gave an oppor- tunity to the common law to refine itself, and brought the judges to a cert.ainty in their determinations, and the lawyers to a precision in their pleadings. Sir Matthew Hale has remarked the sudden improvement of English law during this reign ; and ventures to assert that, till his own time it had never received any considerable increase. Edward settled the jurisdiction of the several courts ; first established the oflice of justice of peace ; abstained from the practice, too com- mon before him, of interrupting justice by mandates 193 THE HISTORY OF ENGLAND. [Chap. Xiri. from the privy-council,* repressed robberies and dis- orders ; encouraged trade by giving merchants an easy method of recovering their debts ; and, in short, intro- duced a new fivce of things by the vigour and wisdom of his administration. As law begau now to be well established, the abuse of that blessing began also to be remarked. Instead of their former associations for robbery and violence, men entered into formal combi- nations to support each other in lawsuits ; and it was found requisite to check this iniquity by act of par- liament. There happened in this reign a considerable alter- ation in the execution of the laws : the king abolished the office of chief-justiciary, wliich lie thought ])os- sessed too much power, and was dangerous to the crown : ha completed the diWslon of the court of ex- chequer into four distinct courts, which managed each its sevei-al branch, without dependence on any one magistrate ; and as the lawyers afterwards invented a method, by means of their fictions, of carrying business from one court to another, the several courts became rivals .and checks to each other ; a circum- stance wliich tended much to improve the practice of the l.aw in England. But though Kdward appeared thus, throughout his whole reign, a friend to law and justice, it cannot be said that he was an enemy to arbitrary power; and in a government more regular and legal than was tluat of England in his age, such pi.ictices as those which may bo remarked iu liis administration, Avould have given sufficient ground of complaint, and sometimes were, even in his age, the object of general displeasure. The violent plunder and banishment of the Jews, the putting of the whole clergy at once, and by an arbi- trary edict, out of the protection of the law ; the seiz- ing of all the wool and leather of the kingdom, the heightening of the impositions on the former valuable commodity ; the new and illegal commission of Trail- baston ; the taking of all the money and plate of monasteries and churches, even before he had any quar- rel with tlie clergy ; the subjecting of every man pos- sessed of twenty pounds a year to military service, though not bound to it by his tenure ; his visible reluc- tance to confirm the Great Charter, as if that conces- sion liad no validity from the deeds of his predecessors ; the captious clause which he at last annexed to his confirmation ; his procuring of the pope's dispensation from the oaths which he had taken to observe the Charter ; and his leviiing of talliages at discretion even after the statute, or rather cliarter, by which he had renounced that prerogative ; those are so many was of an agreeable figure, of a mild and gentle dis- position, and having never discovered a propensity to any dangerous vice, it was natural to prognosticato tranquillity and happiness from his government. But the first act of his reign blasted all these hopes, and showed him to be totally unqualified for that perilous situation, in which every English monarch, during those ages, had, fiom the unstable form of the consti- tution, ami the turbulent dispositions of tlie people derived from it, the misfortune to be placed. The in- defatigable Robert Bruce, though his army had been dispersed, and he himself had been obliged to take shelter in the western isles, remained not long in- active; but, before the death of the late king,°had sallied from his retreat, liod again collected hh fol- lowers, had appeared in the field, and had obtained by surprise an iuiportaut advantage over Aymer de Va- lence, who commanded the English forces. He was now become so considerable as to have aftbrded the king of England sufficient glory in subduing him, with- out incurring any danger of seeing all those mighty- preparations made by his father fail in the enterprise. But Edward, instead of pursuing his advantages, marched but a little way into Scotland; and ha\1ng an utter incajiacity and equal aversion for all appli- cation or serious business, he immediately returned upon his footsteps and disbanded his army. His grandees perceived from this conduct that the autho- rity of the crown, fallen into such feeble hands, was no longer to be dreaded, and that every insolence might be practised by them with impunity. The next measure taken by Edward gave them an inclination to attack those prerogatives w hich no lono-er kept them in awe. There was one Piers Gavaston, son of a Gascon knight of some distinction, who had ho- nourably served the late king, and who in reward of his merits had obtained an establishment for his son in the family of the prince of Wales. This young man soon insinuated himself into the affections of his master by his agreeable behaviour, and by supplying him h ith all those innocent though frivolous amusements wliieh suited his capacity and his inclinations. He was en- dowed with the utmost elegance of shape and person, was noted for a fine mien and easy carriage, distin- guished himself in all warlike and genteel exercises and was celebrated for those quick sallies of wit in which his countrymen usually excel. By all these .accomplishmculs he gained so entire an ascendant over young Edward, whose heart was strongly dis- posed to friendship and confidence, that the late king, apprehensive of the consequences, had banished him the kingdom, and had, before he died, made his son promise never to recal him. But no sooner did he find himself master, as he vainly imagined, than he sent for Gavaston ; and even, before his arrival at court, endowed him with the whole earldom of Corn- wall, which had escheated to the crown by tlie death of Edmond, son of Richard, king of the Romans. Not content with conferring on hira those possessions, which had sufficed as an appanage for a prince of the blood, he daily loaded him with new honours and riches ; married him to his own niece, sister of the earl of Gloucester; and seemed to enjoy no pleasure in his royal dignity, but as it enabled him to exalt to the highest splendour this object of his fond aflections. DISCONTENT OF THE BARONS. The haughty barons, offended at the superiority of a minion, whose birth, though reputable, they despised, as much inferior to their own, cont ealed not their dis- content; and soon found reasons to justify their ani- mosity in the character and conduct of the man they hated. Instead of disarming envy by the moderatioa and modesty of his behaviour, G.avaston displayed hia power and influence with the utmost ostentation ; and deemed no circumstance of his good fortune so agree- 198 THE HISTORY OF ENGLAND. [Chap. XTV. able as its enahlinpr Iiim to eclipse and mortify all liis rivals, lie «as vain-glorioup, profuse, rapacious ; fond of exterior pomp and appearance, giddy witli ]nos- perity; and as lie imagined tliat his fortune was now as strongly rooted in the kingdom, as his ascendant was uncontrolled over the weak monarch, he was negligent in engaging partis.ans, who migiit support his sudden and ill-established grandeur. At all tour- naments he took delight in foiling the English nobi- lity by his superior .address : in every conversation he made them the object of his wit and raillery : every d.iy his enemies multiplied upon him; and nought was wanting but a little time to cement their union, and render it fatiil botli to him ami to his master. It behoved the king to take a journey to France, both in order to do homage for the dutcliy of Guienne, and to espouse tlie princess Isabella, to whom he had long been affianced, tliough unexpected .iccidents had hitherto retarded the completion of the marri.age. Edward left Gavoston guardi.an of the realm, with more ample powers than had nsu.iUy been conferred ; and, on his return with his yoimg queen, renewed all the proofs of that fond attachment to the favourite, of which every one so loudly complained. This priiu'css was of an imperious and intriguing spirit; and finding that her husband's cap.acity required, as his temper inclined, him to be governed, she thought herself best entitled, on every account, to perform the office ; and she contracted a mortal hatred against the person who had disappointed her in these expectations. She was well pleased, therefore, to see a combination of the nobility forming ag.ainst Gavaston, who, sensible of her hatred, had wantonly provoked her by new insults and injuries. 1308. Thomas, earl of Lancaster, consin-german to the king, and first prince of the blood, was by far the most opulent .and powerful subject in Engl.and, and possessed in his own right, and soon after in that of his wife, heiress of the family of Lincoln, no less than six e.arldoms, with a proportionable estate in land, at- tended with all tlie jurisdictions and power which commonly in that age were annexed to landed pro- port)-. lie was turbident and factious in his dispo- sition ; mortally hated the favourite, whose influence over the king e.xeecded his own ; and he soon became the head of that party .among the barons who desired the depression of this insolent stranger. Tlie con- federated nobles bound themselves by oath to expel Gaviiston: both sides began already to put themselves in a warlike posture: the licentiousness of the .age broke out in robberies and other disorders, the usual prelude of a civil war : and the roy.al authority, de- spised in the king's own hands, and hated in those of Gavaston, became insufficient for the execution of the laws, and the maintenance of peace in the kingdom. A parliament being summoned at Westminster, Lan- caster and his party came thither wnth an armed re- tinue; and were there enabled to impose their own terms on the sovereign. They required the banish- ment of Gavaston, imposed an oath on him never to return, and engaged the bishops, who never failed to interpose in all civil concerns, to pronounce him ex- communicated if he remained any longer in the king- dom. Edward was obliged to submit; but even in his compliance gave proofs of his fond attachment to his favourite. Instead of removing all umbrage by send- ing him to his own country, as was expected, he ap- pointed him lord-lieutenant of Ireland, attended him to Bristol on his journey tliitlier, and before his de- parture conferred on him new lands and riches both in Gascony and England. G.av.aston, who did not want bravery, and possessed talents for wiir, acted during his government with vigour against some Irish rebels, whom he subdued. Meanwhile the king, less shocked with the illegal ^■iolence which had been imposed upon him, than nr happy in the absence of his minion, employed everj- expedient to soften the opposition of the barons to his return ; as if success in that point were the chief ob- ject of his government. The high office of hereditary steward was conferred on Lancaster, his father-in- law, the carl of Lincoln, w.as bought off by other cou- cessions : carl "Warrenne was also mollified by civi- lities, grants, or promises : the insolence of Gavaston being no longer before men's eyes, was less the object of gener.al indignation : and Edward, deeming niiittera sufficiently jirepared for his purpose, applied to the court of Rome, .and obtained for Gavaston a di.spens.a- tion from that oath w liich the barons had compelled him to take, that he would for ever abjure the realm. He went down to Chester to receive him on his first landing from Ireland ; flew into his arms with trans- ports of joy ; and having obtained the formal con- sent of the barons in parli.ament to his re-est.ablish- nient, set no longer any bounds to his extravagant fondness and affection. Gavaston himself, forgetting his past misfortunes, and blind to their causes, re- sumed the s.ame ostentation and insolence; and be- came more than ever the object of gener.al detestation among the nobility. The b.arons first discovered their animosity by ab- senting themselves from parliament; and finding that this expedient had not been successful, they began to think of employing sharper and more effectual reme- dies. Though there had scarcely been any nation.al ground of complaint, except some dissipiition of the public treasure : though all the acts of mal-admiuis- tration, objected to the king and his favourite, seemed of a nature more proper to excite heart-burnings in a ball or assembly, than commotions in a great king- dom; yet such was the situation of the times, that the barons were determined, .and were able, to make them the reasons of a total alteration in the constitution and civil government. Having come to parliament, in defiance of the laws and the king's prohibition, (7tli Febru.ary,) with a numerous retinue of armed fol- lowers, the}' found themselves entirely masters ; and they presented a petition, which w.as equivalent to a command, requiring Edward to devolve on a chosen junto the whole authority, both of the crown and of the p.arliament. The king was oliliged to sign a com- mission, (ICth March,) empowering the prelates and barons to elect twelve persons wlio should, till the term of Michaelmas, in the year following, have autho- rity to enact ordinances for the government of the kingdom and regulation of the king's household ; con- senting tluat these ordinances should thenceforth and for ever have the force of laws; allowing the or- dainers to form associations among themselves and their friends, for their strict and regular observ.ance; and .all this for the greater glory of God, the security of the church, and the honour and advantage of the king and kingdom. The barons in return signed a declaration ; in which they acknowledged that they owed these concessions merely to the king's free grace : promised th.at this commission sbotild never be drawn into precedent : and engaged that the power of the ordainer should expire at the time apjiointcd. 1311. The chosen junto .accordingly framed their or- dinances, and presented them to the king and parlia- ment for their confirmation in the ensuing year. Some of these ordinances were laudable, and tended to the regular execution of justice : such as those requiring sherift's to be men of property, abolishing the practice of issuing privy-seals for the suspension of Justice, re- straining the practice of purveyance, prohibiting the adulteration and .alteration of the coin, excluding fo- reigners from the farms of the revenue, ordering all payments to be regularly made into the exchequer, revoking all late gr.ants of the crown, and giving the parties damages in the case of vexatious prosecutions, liut what chiefly grieved the king was the ordinanoo for the remov.al of evil counsellors, liy which a great number of persons were by name excluded from every office of power and profit; .and Piers Gavaston him- Kclf w.as for ever banished the king's dominions, uudci Chap. XIV ] EDWARD TI. 1307—1327 199 the penalty, in case of disobedience, of being declared a public enemy. Other persons, more agreeable to the barons, were substituted in all the offices. And it was ordained, that for the future all tlie considcralile digni- ties in the household, as well as in the law, revenue, and military governments, should be appointed by the baronage in parliament ; and the power of making war, or assembling his military tenants, sliould no longer be invested solely in the king, nor be exercised with- out the consent of tlie nobility. Edward, from the same weakness botli in his temper and situation, wliicli had engaged him to grant this un- limited commission to the barons, was led to give a parliamentary sanction to their ordinances: but as a consequence of the same character lie secrelly made a protest against them, and declared, that since the com- mission was granted only for the making of ordinances to the advantage of king and kingdom, such articles as should be found prejudicial to both, were to be lield as not ratified and confirmed. It is no wonder, in- deed, that lie retained a firm purpose to revoke ordi- nances which liad been imposed on him by violence, which entirely annihihated the royal autliority, and above all, which deprived liim of the company and society of a person whom, by an unusual infatuation, he valued above all the world, and above every consi- deration of interest or tranquillity. As soon, therefore, as Edward, removing to York, had freed himself from the immediate terror of the barons' power, he invited back Gavaston from Flan- ders, which that favourite had made the place of his retreat ; and declaring his banishment to be illegal, and contrary to the laws and customs of the kingdom, openly reinstated him in his former credit and autho- rity. The barons, highly provoked at this disappoint- ment, and appreliensive of danger to tliemselves, from the declared animosity of so powerful a minion, saw that either his or their ruin was now inevitable ; and they renewed, witlt redoubled zeal, their former con- federacy against him. [131'2.] The earl of Lancaster was a dangerous head of tliis alliance : Guy earl of Warwick entered into it with a furious and precipitate passion : Humphry Bohun, earl of Hereford, the con- stable, and Aymer de Valence, earl of Pembroke, brought to it a great accession of power and interest : even earl Warrenne deserted the royal cause, which he had hitherto supported, and was reduced to embrace the side of the confederates. And as Robert de Win- chelsey, archbishop of Canterbury, professed himself of the same party, he determined the body of the clergy, and consequently the people, to declare against the king and his minion. So predominant at that time was the power of the great nobility, that the combination of a few of them was always able to shake the throne: and such an universal concurrence became irresistible. The earl of Lancaster suddenly raised an army, and inarched to York, where he found the king already i c- moved to Newcastle. He fled thither in pursuit of him t and Edward had just time to escape to Tin- uiouth, w'here he embarked, and sailed with Gavaston to Scarborough. He left his favourite in th.at fortress, which, had it been properly supplied with provisions, was deemed impregnable ; and lie inarched forward to York, in hopes of raising an .army, which might be able to support him against his enemies. Pembroke was sent by the confederates to besiege the castle of Scarborough ; and Gavaston, sensible of the bad con- dition of his garrison, was oMiged to capitulate, (inth May,) and to surrender himself prisoner. He stijin- lated that he should remain in Pembroke's hands for two months; that endeavours should, during that time, be mutually used for a general accommodation ; that if the terms ]iroposed by the barons were not accepted, the castle should be restored to him in the s.ame con- dition as when he surrendered it : and that the earl of Pembroke and Henry Piercy should, by contract, pledge all their lauds for the fulfilling of these con- ditions. Pembroke, now master of the person of this public enemy, conducted him to the castle of Dediug. ton, near Banburj- ; where, on pretence of otlier busi- ness, he left him protected by a feeble guard. War- wick, probably in concert with Pembroke, att.acked the castle; the garrison refused to make any resist- ance ; Gavaston w.as yielded up to him, and con- ducted to Warwick castle; the earls of Lancaster, Hereford, and Arundel immediately rep.aired thi- ther; and without any regard either to the laws or the military capitulation, they ordered the liead of the obno.xious tavourite to be struck off by the hands of the executioner. The king had retired northw,ard to Berwick when he heard of Gavaston's murder; (1st July:) and his re- sentment was ))roportioned to the afle'clion which he had ever borne him while living. He threatened ven- geance on all the nobility who had been active in tliat bloody scene, and be made preparations for war in all jiarts of England. But being less constant in his en- mities than in his friendships, he soon after hearkened to terms of accommodation, granted the barons a par- don of all offences; and as they stipulated to ask him publicly pardon on their knees, he was so pleased with these vain appearances of submission, that he seemed to have sincerely forgiven them all past inju- ries. But as they still pretended, notwitlistandino' their lawless conduct, a great anxiety for the mainte- nance of law, and required the establishment of their former ordinances as a necessary security for that pur- pose, Edward told them that he ^\■as willing to grant them a free and legal confirmation of such of these ordinances as were not entirely derogatory to the pre- rogative of the crown. This answer was received for the present as satisfactory. The king's person, after the death of Gavaston, was now become less obnoxious to the public; and as the ordinances insisted on ap- peared to be nearly the same with those which had formerly been extorted from Henry III. by Mount- fort, and which had been attended with so many fatal consequences, they were on that account demanded with less vehemence by the nobility and people. The minds of all men seemed to be much appeased : the animosities of faction no longer prevailed : and Eng- land, now united under its head, would henceforth be able, it was hoped, to t.ike vengeance on all its ene- mies ; particularly on the Scots, whose progress was the object of general resentment and indignation. WAR WITH SCOTLAND. Immediately afler Edward's retreat from Scotland, Robert Bruce left his fastnesses, in which he intended to have sheltered bis feeble army ; and sup]ilying liis defect of strength by superior vigour and abilities, he made deep impression on all his enemies, foreign and domestic. He chased Lord Argyle, and tlie chieftain of the Macdowals, from their hills, and made himself entirely master of the high country; he thence in- vaded with success the Cummins in the low cotintries of the north. He took the castles of Inverness, For- far, and Brechin. He daily gained some new acces- sion of territory ; and, what was a more important acquisition, he daily reconciled the minds of the nobi- lity to bis dominion, and enlisted under his standard every bold leader, whom he enriched by the spoils of his enemies. Sir James Douglas, in whom commenced the greatness and renown of that warlike fauiily, se- conded him in all his enterprises. Edward Bruce, Robert's own brother, distinguished himself by acts of valour; .and tlie tenor of the English power being now abated by the feeble conduct of the king, even the least sanguine of the Scots beg.an to entertain hopes of recovering their independence; and the whole kingdom, except a few fortresses, which he had not the means to attack, had acknowledged the authority of Robert. In this situation Edward had found it necessary to grant a truce to Scotland, and Robert succGsrfuUy eoo TMK HISTORY OF ENGLAND [Chap. XIT, employed tlio interval in conscUdating Iiis power, and introducing order into liis civil government, disjointed by a long continuance of" wars and factions. The in- terval was very short : the truce, ill observed on both sides, was at last openly violated ; and war rocom- jnenced with greater fury than ever. Robot, not content with defending himself, had made successful inroads into Kngland, subsisted his needy followers by the plunder of that country, and taught tliem to de- spise the military genius of a people wlio had long been the object of their terror. Edward, at last, roused from his lethargy, had marched an army into Scot- land; and Robert, determined not to risk too much against an enemy so much superior, retired again into the mountains. The Icing advanced beyond Edin- burgh ; but being destitute of provisions, and being ill supported by the English nobility, who were tlien employed in fj'aming their ordinances, he was soon obliged to retreat, without gaining any advantage over the enemy. But the appearing union of all the par- ties in England after the death of Gavaston, seemed to restore that kingdom to its native force, opened again the prospect of reducing Scotl.and, and promised a happy conclusion to a war in which both the inte- rests and passions of the nation were so deeply en- gaged. 1314. Edward assembled forces from all quarters, with a view of finishing, at one blow, this important enterprise. lie summoned the most warlike of his vassals from Gascony ; he enlisted troops from Flan- ders, and other foreign countries; ho invited over great numbers of tlie disorderly Irish as to a certain prey ; lie joined to them a body of the Welsh, who were ac- tuated by like motives; and assembling the whole mili- tary force of England, he marched to the frontiers with an army which, according to the Scotch writers, amounted to an Innidred thousand men. The army collected by Robert exceeded not thirty tliousand combatants; but being composed of men who had distinguished themselves by many acts of valour, who were rendered desperate by their situa- tion, and who were inured to all the varieties of for- tune, they might justly, under such a leader, be deemed formidable to the most numerous and best appointed armies. The castle of Stirling, whicli, with Ijerwick, was the only fortress in Scotland that remained in the Iiands of the English, had long been besieged by Ed- ward Bi'ucc : Philip de Jlowbray, the governor, after an obstinate defence, was at last obliged to capitulate, and to promise, that if before a certain day which was now aiiproaching, he were not relieved, he should open his gates to the enemy. Robert, therefore, sen- sible that here was the ground on which he must ex- pect the English, chose the field of battle with all the skill and prndence iuiaginable, and made the necessary preparations for their reception. He posted himself at Bannockburn, about two miles from Stirling, where he had a hill on his right flank, and a moiass on his left; and not content witli having taken these precau- tions to prevent his being surrounded by the more numerous army of the English, he foresaw the supe- rior strength of the enemy in cavalry, and made pro- vision against it. Having a rivulet in front, ho com- manded deep pits to be dug along its banks, and sharp stakes to be planted in tliem ; and he ordered the whole to be carefully covered over witli turf. The English arrived in sight on the evening, and a bloody conflict immediately ensued between two bodies of cavalry; where Robert, who was at the head of the Scots, eng.iged in single combat with Heniyde Bohun, a gentleman of the family of Hereford, and at one stroke cleft his adversary to the chin with a battle- ajto, in sight of the two armies. The English horse iied with precipitation to their main body. BATTLE OF BANNOCKBURN. June 25. The Scots, encouraged by this faii curable event, and glorying in tlie valour of their prince, prognosticated a happy issue to the combat on tho ensuing day : the English, confident in tlieir numbers, and L'lated with former successes, longed for .nn opportunity of re- venge ; and the night, though exlremely s'lort in tliat season, and in that climate, appeared tedijus to the impatience of the several combatants. Early in the morning Edward drew out his army, and advanced towards the Scots: the carl of Gloucester, his nephew, who commanded the left wing of the cavalry, impelled by the ardour of youth, rushed on to the attack with- out precaution, and fell among the covered pits, which had been prepared by Bruce for the reception of the euemy. This body of horse were disordered ; Glou- cester himself was overthrown and slain : Sir James Douglas, who commanded the Scottish cavalry, gave the euemy no leisure to rally, but pushed them off the field witli considerable loss, and pursued them in sight of their whole line of infantry. AVhile the English army were alarmed with this unfortunate beginning of tho action, which commonly proves decisive, they observed an army on the heights towards the left, which seemed to be marching leisurely in order to surround them, and they were distracted by their multiplied fears. This was a number of w.nggoners and snmpter-boys, whom Robert liad collected ; and having supplied them with military standards, gave them the appearance, at a distance, of a formidable body. The stratagem took effect ; a panic seized the English ; they threw down their arms and fled. They were pursued with great slaughter for the space of ninety miles, till they reached Berwick ; and the Scots, besides an inestimable booty, took many persons of quality prisoners, and above 400 gentlemen, whom Ro- bert treated with great humanity, and whose ranaom was a new accession of wealth to the victorious army. The king himself narrowly escaped, by taking shel- ter in Dunbar, whose gates were opened to him by the earl of JIarcli ; and he thence passed by sea to Berwick. Sncli w.as the great and decisive battle of Bannock- bum, which secured the independence of Scotland, fixed Bruce on the throne of that kingdom, and may be deemed the greatest overthrow that the English nation, since the conquest, has ever received. The number of .slain on those ocrasious is always uncer- tain, and is commonly much magnified by the victors : but this defeat made a deep impression on the minds of the English; and it was remarked, that for some years, no superiority of numbers could encourage them to keep the field against the Scots. Robert, in order to avail himself of his present success, entered Eng- land, and ravaged all the northern counties without opposition : he besieged Carlisle; but that place was saved by the valour of Sir Andrew Harcla, the go- vernor: he was more successful against Berwick, wh'ch he took by assault; and this prince, elated by his con- tinued prosperity, now entcrLiined hopes of making the most important conquests on the English. He sent over his brother Edward, with an urmy of 0000 men, into Ireland, [131,",] and that nobleman assumed tho title of king of that island ; ho liimself followed soon after with more numerous forces. The horrible and absurd oppressions which the Irisli suifered under the English government, made them, at first, fly to the standard of the Scots, whom they regarded as their deliverers ; but a grievous famine, which at that time desolated both Ireland and Britain, lediiccd the Scot- tish army to the greatest extremities, and Robert wa.s obliged to return, with his forces much diminished, into his own country. His brother, after having expe- rienced a variety of fortune, was defeated and slain nc.ir Diindalk by the English, commanded by Lord Bermingliam ; and these projects, too extensive for the force of the Scottish nation, thus vanished into smoke. Edward, besides suffering those disasters from tlie invasion of the Scots, and the insurrection of the Irish, 4.\ ^,41/^/ J\ Battlo of Bsomocituin 1314- . ■^P)S»' :s;iSWAiK.D n. OIIAV. XIV.l EDWAKD II. 1307—1327 201 wns also infosted willi a rebellion in AVales ; and, ftbove all, by the factions of his own nobility, who took advantage of the pnblic calamities, insulted his fallen fcrtnnes, and endeavoured to establish their ov.'n in- dependence on the rnins of the throne. Lancaster, and the barons of his party, who had declined attend- in.ff him on bis Scottish expedition, no sooner saw liim return with disgrace, than they insisted on the renewal of their ordinances, vhich, tliey still pretended, had validity; and the king's nnhappy situation obliged him to snbmit to tlieir demands. 'J'he ministry «as new modelled by the direction of Lancaster ; that prince was placed at the bead of the council : it was declared that all the offices should be filled, from time to time, by the votes of parliament, or rather by the will of the great barons. And the nation, under this new- model of government, endeavoured to put itself in a better posture of defence against the Scots. But the factious nobles v.-cro far from being terrified with the progress of tlie.se pnblic enemies : on the contrary, they founded the hopes of their own future grandeur on the weakness and distresses of the crown. Lancaster himself was suspected, with great appear.ance of rea- son, of holding a secret correspondence with the king of Scots; and" though bo was entrusted with the com- mand of the English armies, be took care that every enterprise should bo disappointed, and every plan of operations prove unsuccessful. All tlie European kingdoms, especially that of Eng- land, were at this time imacquainted with the olBce of a prime-minister, so well undei'stood at present in all regular mon.archies ; and the people could form no conception of a man, w ho, though still in the rank of a subject, possessed all tlie power of a sovereign, eased the prince of the burden of aftUirs, supplied bis want of experience or capacity, and maintained all the rights of the crown, without degrading the gieatest nobles by their submission to his temporary authority. Ed- ward was plainly, by nature, unfit to hold himself the reins of government ; he had no vices, but was un- happy in a total incapacity for serious business. He was sensible of bis own defects, and necessarily sought to be governed ; yet every favourite whom he succes- sively chose was regarded as a fellow-subject exalted above his rank and station. He was the object of envy to the great nobility ; his character and conduct were deciied witli the people ; his authority over the king and kingdom was considered as an usurpation ; and unless the prince had embraced the dangerous expedient of devolving his power on the earl of Lan- caster, or some mighty baron, whose faiuily interest was so extensive as to be able alone to maintain his influence, ho could expect no peace or tranquillity upon the throne. HUGH LE DESPENSER. The king's chief favourite, after the death of Gavas- ton, was Hugh le Despenscr, or Spenser, a young man of English birth, of high rank, and of a noble family. He possessed all the exterior accomplishments of per- son and address which were fitted to engage the weak mind of Edward; but was destitute of that modera- tion and prudence which might have qualified him to mitigate the envy of the great, and conduct him through all the perils of that dangerous station to which he was advanced. His father, who was of the same name, and who, by means of his son, had also plans for his ruin. Tliey first declared their discoc- tent by withdrawing from parliament ; and it was not long ere they found a pretence for proceeding to greater extremities against him. Civil- C0JI.M0TI0X3. 1321. The king, who set r.o limits to his bounty towards his minions, had married the younger Spenser to his niece, one of the coheirs of the earl of Gloucester, slain at Bannockburn. The favourite, by his succes- sion to that opulent family, had inherited great posses- sions in tiie marches of Wales; and bciag desirous of extending still finther his influence in those quarters, he is accused of having committed injustice on the barons of Audio)- and Ammori, who bad also married two sisters of the same family. There was likewise a baron in that neighbourliood, called William de Bra- ouse, lord of Gowcr, who liad made a settlement of his estate on John de Jlowbvay, his son-in-law- ; and, in case of failure of that nobleman and his issue, had substituted the earl of Hereford in the succession to the barony of Gower. Jlowbray, on the decease of his father-in-law, entered immediately in possession of the estate, without the formality of taking livery and .seizin from the crown : but Spenser, who coveted that barony, persuaded the king to put in execution the rigour of the feudal law, to seixe Gower as escheated to the crown, and to confer it upon him. This transac- tion, which was the proper subject of a lawsuit, im- mediately excited a civil war in the kingdom. The earls of Lancaster and Hereford flew to arms : Audley and Ammori joined them with all their forces : the two Rogers de Jfortlmer and Roger de Clifi'oid, with many others, disgusted, for pi-ivate reasons, at the Spensers, brought a considerable accession to the party ; and their army being now formidable, they sent a message to the king, requiring him immediately to dismiss or confine the younger Spenser ; and menacing him, in case of refusal, with renouncing their allegiance to him, and taking revenge on that minister by thi-'ir own au- thority. They scarcely waited for an answer; but imniediately fell upon the lands of young Spenser, which they" pillaged and destroyed; murdered his ser- vants, drove oft' his cattle, and burned his houses- they thence proceeded to commit like devastations on the estates of Spenser, the father, whose character they had hitherto seemed to respect : and having drawn and signed a formal association among themselves, they marched to London with all their forces, stationed themselves in the neighbourhood of that city, and de- manded of the king tlie banishment of both the Spon- sors. These noblemen were then absent ; the fathei abroad ; the son at sea; and both of them employed iu dift'ercnt commissions : the king therefore replied, that bis coronation oath, by which he was bound to observe the laws, restrained "him from giving iiis assent to so illegal a demand, or condemning noblemen who were accused of no crime, nor had any ojiportunity afforded them of making answei". Equity and reason were but a feeble opposition to men who had arms in their hands, and who, being already involved in guilt, .saw no safety but in success and victory. They entered London "with their troops ; and giving in to the parlia- ment, which was then sitting, a charge against the Spensers, of which they attempted not to prove one article, they procured, by menaces and violence, a sen- tence of attainder and perpetual exile against these attained great influence over the king, was a nobleman I ministers. This sentence was voted by the lay baron; venerable from his years, respected through all his | alone : for the commons, though now- an estate in par- past life for wisdom, valour, and integrity, and well j liament, were yet of so little consideration, that their fitted, by bis talents and experience, could afl'airs have assent was not demanded; and even the votes of the admitted of any temperament, to have supplied the defects both of the king and of his minion. But no sooner was Edward's attachment decl.ared for young Spenser, than the turbulent Lanc.ister, and most of the great barons, regarded him as their rival, made him the object of their animosity, and formed violent Vol. I. ])rclates were neglected amidst the present disorders. The only syuiptom which these turbulent barons gave of their regard to law, w.as their requiring from the king an indemnity for their illegal proceedings ; after whicli they di.sbanded their .army, and separated, in so curitv, as they imagined, to tlieir several castles. ■iV 202 THE HISTORY OF ENGLAND. [Chap. XIV. This act of violence, in which the king was obliged to acquiesce, rendered his person and his authority so couteniptihle, that every one thought liimeelf entitled to treat liini with neglect. Tlie queen, having occ.ision soon after to pass by the ciistle of Leeds, in Kent, whifli belonged to the lord Badlesniere, desired a night's lodging, but was refused admit tance ; and some of lier attendants, who presented themselves at the gate, were killed. The insult upon this princess, ■who had always endeavoured to live on good terms with the barons, and who joined them lieartily in tl\eir hatred of the yoimger Spenser, was an action wliich nobody pretended to justify ; and the king thought that he might, without giving general umbrage, assem- ble an army and take vengeance on tlie offender. No one came to the assistance of Eadlesmere ; and Edward prevailed. But having now some forces on foot, and having concerted measures with his friends throughout England, he ventured to take off the nuvsk, to attack all his enemies, and to recal the two Spensers, whose sentence he declared illegal, unjust, contrary to the tenor of the Great Charter, passed without the assent of the prelate, and e.xtorted by violence from him and the estate of barons. Still the commons were not men- tioned by either party. 1322. The king had now got the start of the barons ; an advantage which, in those times, was commonly de- cisive : and he hastened with his army to the marches of Wales, the chief seat of the power of his enemies, whom he found totally unprepared for resistance. JIany of the barons in those parts endeavoured to ap- pease him by submission : their castles were seized, and their persons committed to custody. But Lan- caster, in order to prevent the total ruin of his ]iarty, summoned together his vassals and retainers ; de- clared his alliance with Scotland, which had long been suspected ; received the promise of a re-enforcement from that country, under the command of Randolf, earl of Murray, and sir James Douglas ; and being joined by the earl of Hereford, advanced with all his forces against the king; who had collected an army of 30,000 men, and was superior to his enemies. Lan- caster posted himself at Burton-upon-Trent, and en- deavoured to defend the passages of the river: but being disappointed in that plan of operations, this prince, who had no military genius, and whose personal courage w.as even suspected, fled with his army to the north, in expectation of being there joined by liis Scottish alhes. lie was pursued by tlie king; and his army diminished daily, till he came to Boroughbridge, where he found sir Andrew Harcla posted with some forces on the opposite side of the liver, and ready to dispute the p.assage with him. He was repulsed in an attempt which he made to force his way ; the earl of Hereford was killed ; the whole army of the rebels was disconcerted; (Ifith March;) Lancaster himself was be- come incapable of taking any mea.sures, either for flight or defence ; and he was seized, without resist- ance, by Harcla, and conducted to the king. In those violent times, the laws were so much neglected on both sides, that, oven where they might, without any sen- sible inconvenience, have been observed, the conquerors deemed it unnecessary to pay any regard to them. Lancaster, who was guilty of open rebellion, and was taken in arms against his sovereign, instead of being tried by the laws of his country, wliich pronounced the sentence of death against him, was condemned by a court-martial, and led to execution. (23d March.) Edward, however, little vindictive in his natural tem- per, here indulged bis revenge, and employed against tlie prisoner the same indignities whicli had heen exer- cised, by his orders, against Gavaston. He was clothed in a mean attire, placed on a lean jade without a bridle, a hood was put on his h.ead, and in this posture, attended by the acckamations of the people, this prince was conducted to an eminence near I'omfret, one of bis own castles, and there belicaded. Thus perished Thomas, carl of Lancaster, prince of the blood, and one of the most p Dtent barons that hod ever been in ICngland. His public conduct sufficiently discovers the violence and turbulence of his chajacter: his private deportment appears not to have been more innocent : and his hypocritical devotion, by which ho gained tlie favour of the monks and populace, will rather be regarded as an aggravation tlian an allevi- ation of his guilt. Badlcsmcre, Gift'ard, Barret, Cheney, Fleming, and about eighteen of the most notorious of- fenders, were afterwards condemned by a legal trial, and were executed. Many were thrown into prison : others made their escape beyond sea: some of the liing's servants were rewarded from the forfeitures: Harcla received for his serWces the earldom of Carlisle, and a large estate, which he soon after forfeited with his life, for a treasonable coiTespondcnce with the king of Scotland. But the greater part of those vast escheats was seized by young Spenser, whose rapacity was insatiable. Many of the barons of the king's party were disgusted with this partial division of tlie spoils : the envy against Spenser rose higher than ever : the usual insolence of his temper, inflamed by success, impelled him to commit many acts of vio- lence : the people, who always hated him, made him still more the object of aversion : all the relations of the attainted barons and gentlemen secretly vowed re- venge : and though tranquillity was, in appearance, restored to the kingdom, the general contempt of the king, and odium against Spenser, bred dangerous liu- nioms, the source of future revolutions and convul- sions. In this situation, no success could be expected from foreign wars ; and Edward, after making one more fruitless attempt against Scotland, whence he retreated with dishonour, found it necessary to terminate hosti- lities with that kingdom b_v a truce of thirteen years. Robert, though his title to the crown was not acknow- ledged in the treaty, was satisfied with ensuring his possession of it during so long a time. He had repelled with gallantry all the attacks of England : he had carried war both into that kingdom and into Ireland : he had rejected with disdain the pope's authority, who pretended to impose his commands upon him, and oblige him to make peace with his enemies : his throne was firmly established, as well in the affections of his subjects as by force of arms ; yet there naturally I'c- mained some inquietude in his mind, while at war with a state which, however at present disordered by faction, was of itself so much an ovennatch for him, both in riches and in numbers of people. And this truce was, at the same time, the more seasonable for England, because the nation was at that juncture threatened with liostilities from France. 1324. Philip the Fair, king of France, who died in 1315, had left the crown to his son Louis Hutin, who, after a short reign, dying without male issue, was suc- ceeded by Philip the Long, his brother, whose death soon after made w.ay for Charles the Fair, the youngest brother of that family. This nion.irch had some grounds of complaint against the king's ministers in Guienne; and as there was no common or equitable judge in that strange species of sovereignty established by the feudal law, he seemed desirous to take advantage of Edward's weakness, and, under that pretence, to confiscate all his foreign dominions. After an embassy by the earl of Kent, the king's brother, had been tried in vain, queen Isabella obtained permission to go over to Paris, and endeavour to adjust in an amicable manner the difference with h<>r brother: but while she wasm.aking some progress in this nrgociation, Charles started a new pretension, the justice of which could not be dis- puted, that Edward himself should appear in his court, and do homage for the fees which he held in France. But there occurred many difficulties in complying with tliis demand. Young Spenser, by whom the king was implicitly governed, had nnavoidjibly been eng.aged in many quarrels with the queen, who aspired to the same influence; and tliou;jh that artful princess, of Chau. XIV.] EDWARD II. I307-132T. 205 her leaving England, had dissembled her animosity, Spenser, well acquainted with her secret sentiments, was unwilling to attend his master to Paris, and appear in a court, where her credit might expose him to in- sults, if not to danger. He hesitated no less on allow- ing tlie king to mal^e the journey alone ; both fearing lest that easy prince should in his absence fall under other intlucnce; and foreseeing the perils to which he liimself should be exposed, if, without the protection of royal authority, he remained in England, where he was so generally hated. While these doubts occa- sioned delays and difficulties, Isabella proposed [1325] that Kdwarii should resign tlie dominion of Guienne to his son, now thirteen years of age, and that the prince sliouhl come to Paris, and do the homage which every vassal owed to his superior lord. This expedient, Avhicli seemed so happily to remove all difficulties, was immediately embraced : Spenser was charmed with the contrivance • young 1 Mward was sent to Paris ; and the ruin, covered under this fatal snare, w:us never perceived or suspected by any of the Kiiglisli council. CONSPIRACY AGAINST THE KING. The queen on her arrival in France had there found a great number of English fugitives, the remains of the Lancastrian fiiction ; and their common liatred of Spenser soon begat a secret friendshij) and con-espon- dence between tliem and that princess. Among the rest was young Roger Mortimer, a potent bai'on in the Welsh marches, who had been obliged, with others, to make his submissions to the king ; had been condemned for high-treason; but having received a pardon for his life, was afterwards detained in the Tower, with an intention of rendering his confinement perpetual. He was so fortunate as to make his escape into France ; and being one of the most considerable persons now re- maining of the party, as well as distinguished by his violent animosity against Spenser, he was easily ad- mitted to pay his court to queen Isabella. The graces of his person and address advanced him quickly in her affections : he became her confidant and counsellor in all her measures : and gaining ground daily upon her heart, he engaged her to sacrifice at last to her passion, all the sentiments of honour and of fidelity to her husband. Hating now the man whom she had injured, and whom she never valued, she entered ardently into all Jlortimcr's conspiracies; and liaving artfully gotten into her hands the young prince, and heir of the mo- narchy, she resolved on the utter ruin of the king, as well as of his favourite. She engaged her brother to take ]>art in the same criminal purpose: her court was daily filled witli the exiled barons : Slortiraer lived in the most declared intimacy with her; a coricspon- dence was secretly carried on with the mahontent party in England : and when Edward, informed of those alarming circumstances, required her speedily to return with the prince, she publicly replied, that she would never set foot in the kingdom, till Spenser was for ever removed from his presence and councils : a declaration which jn'ocured her great popularity in England, and threw a, decent veil over all her trea- sonable enterprises. INSURRECTIONS. Edward endeavorred to put himself in a posture of defence; but besides the difficulties arising Iro .. his own indolence ami slender abilities, and the want of authority which of consequence attended all his reso- lutions, it was not easy for him, in the present state of the kingdom and revenue, to maintain a constant force ready to repel an invasion, which he knew not at what time or place ho had reason to expect. All his efforts were unequal to the traitorous and hostile conspiracies, which, both at homq and abroad, were forming ag;iinst his authority, and wliich were daily penetrating further even into liis own family. . His brother, the earl of Kent, a virtuous but weak prince, who was then at Paris, was engaged by his sister-in-law, and by the king of France, who was also his cousin-german, to givo countenance to the inva.«ion, w hose sole object, he be- lieved, was the expulsion of the Sponsors : he pro- vailed on his elder brother, the carl of Norfolk, to enter secretly into the same design : the earl of Leices- ter, brother and heir of the earl of Lancaster, had too many reasons for his hatred of these ministers, to re- fuse his concurrence. "Walter de Reynel, archbishop of Canterbury, and many of the prelates, expressed their approbation of the queen's measures : several of the most potent barons, envying the authority of the favourite, were ready to fly to anus: the minds of the people, by means of some truths and many calumnies, were strongly disposed to the same party : and there needed but the appearance of the queen and prince, with such a body of foreign troops as might protect her against immediate \-iolence, to turn all this tempest, so artfully prepared,against the unhappy Edward. 1320". t harles, though ho gave countenance and as- sistance to tlie faction, was ashamed openly to support the queen and prince again.st the authority of a hus- band and father : and Isabella was obliged to court the alliance of some other foreign potentate, from whose dominions she might set out on her intended enterprise. For this purpose she affianced young Edward, whose tender age made hhu incapaljle to judge of the conse- quences, with Philippa, daughter of the count of Hol- land and Ilainault ; and having, by the open assistance of this priuee,aud the secret protection of her brother, enlisted in her service near 3,000 men, she set sail from the harbour of Dort, and landed safely, and without opposition, on the coast of Suffolk. r24th September.] The earl of Kent was in her company, two other princes of the blood, the carl of Norfolk ■•lars in France to be committed to prison, and iniputeital ; great numbers expired after a like manner in other parts of the kingdom : and when he found that the pei. severance of these unlia|i]iy victims, in jus- tifying to the last their innocence, had made deep im- pression on the spectators, he endeavoured to overcome the constancy of the templars by new iiduMuanitics. The grand nuistcr of the order, .John do Slolay, and another great officer, brother to the sovereign of Uaujihiny, were conducted to a sean'old, erected be- fore the church of Notredanie, at Paris; a full ]>a]'don was offered to them on the one hand; the fire destined for their execution w.as shown to them on the otiier: these gallant nobles still persiste, ttt. 206 THE HISTORY OF ENGLAND. [Chap XIV In all this barbarous injustice, Clement V., who was the cieatuie of Philip, ajid then resided in France, fully concurred; and without examining a witness, or making any inquiry into the truth of facts, he summarily, by the plenitude of his apostolic power, abolished the whole order. The templars all over Europe were thrown into prison ; their conduct under- went a strict scrutiny ; the power of their enemies still pursued and oppressed them ; but nowhere, ex- cept in France n'ere the smallest traces of their guilt pretended to be found. Enjilaud sent au ample testi- mony of tlieir piety and nioriils; but as the order was now annihilated, the knights were distributed into several convents, and their possessions were, by com- mand of the pope, transfcrre;l to the order of St. .lulm. We now proceed to relate some other detached trans- actions ot the present period. The kingdom of England was afflicted with a grie- vous famine during several years of this reign. Per- petual rains and cold weather not only destroyed tlie harvest, but bred a mortality among the cattle, and raised every kind of food to an enormous price. The parliament, in 1315, endeavoured tofi.x more moderate rates to commodities ; not sensible that such an at- tempt was impracticable, and that, were it po.ssible to reduce the price of provisions by any other expedient than by introducing plenty, nothing could be more pernicious and destructive to the public. Where the produce of a year, for instance, falls so far short as to afford fall subsisteuce only for nine months, the only exi>edient for making it last all tlie twelve is to raise the prices, to put the people by that means on short allowance, and oblige them to save their food till a more plentiful season. But, in reality, the increase of prices is a necessary consequence of scarcity ; and laws instead of preventing it only aggnavate the evil, by cramping and restraining commerce. The p.arliament accordingly, in the ensuing year, repealed their ordi- nance, which they had found useless and burden- some. The prices affixed by the parliameiu are somewhat remarkable : three pounds ten shillings of our present money for the best stalled o.x; for other oxen, two pounds eight shillings ; a fat hog of two years old, ten shillings ; a fat wether unshorn, a crown ; if shorn, three shillings and sixpence halfpenny ; a fat goose, sevenpence halfpenny ; a fat capon, sixpence; a fat hen, threepence ; two chickens, threepence ; four pigeons, threepence ; two dozen of eggs, threepence. If we consider these prices, we shall find that butchers' meat, in this time of great scarcity, must still have been sold, by the parliamentary ordinance, three times cheaper than our middling prices at present : poultry somewhat lower ; becau.^e, being now considered as a delicacy, it has risen beyond its proportion. In the country places of Ireland and Scotland, where delica- cies bear no price, poultry is at present as cheap, if not cheaper than butchers' meat. But the inference I would draw from the comparison of prices is still more considerable : I suppose tliat the rates affixed by par- liament were infeiior to the usual market-prices in those years of famine and mortality of cattle ; and that these commodities, instead of a third, had really risen to a half of the present value. But the famine at that time was so consuming, that wheat was sometimes sold for above fodr pounds ten shillings a quarter,* usually for three pounds ; that is, twice our middling Iirieos : a certain proof of the wretched state of tillage in those ages. We formerly found tliat the middling price of corn in that period was half of the present price; while the middling price of cattle was only an eighth part : we here find the same immense dispropor- tion in years of scarcity. It may thence be inferred with certainty that the raising of corn was a species of manufactory, which few in that age could practise with advantage; and there is reason to think that other iiianufactures more refined were sold even beyond • Walsir.g. p. 108, says it rose to six pounds. their present prices; at least there is a demonstration for it in the reign of Henry VII., from the rates affi.xed to scarlet and otlier broad-clolb by act of parliament. Durit g all those times, it was usual for the princes and great nobility to make settlements of their velvet beds and silken robes, in the same manner as of tlieir estates and manors. In the list of jewels and plate which had belonged to the ostentatious Gavaston, and whicli the king recovered fiom the earl of Lancaster after the murder of that favourite, we find some embroidered girdles, flowered shirts, and silk waistcoats. It was afterwards one article of accusa- tion against that potent and opulent earl when he was put to death, tliat he had purloined some of that finery of Gavaston's. The ignorance of those ages in manu- factui'es, and still more, their unskilful husbandry, seem .a clear proof that the country was then far from being populous. All trade and manufactures, indeed, were then at a very low ebb. The only country in the northern parts of Europe where they seem to have risen to any tole- rable degree of improvement was Flanders. When Robert, earl of that counti-y, was applied to by the king, and was desired to break off commerce with the Scots, whom Edward called his i-ebels, and represented as excommunicated on that account by the church, tho carl i-eplied, that Flanders was always considered as common, and free and open to all nations. The petition of the elder Spenser to parliament, complaining of the devastation committed on his lands by the barons, contains several particulars which are curious, and discover the manners of the age. He affirms that they had ravaged sixty-three manors be- longing to him, and he makes his losses amount to 4G,000 pounds ; that is, to 1,S8,000 of our present money. Among other particulars, he enumerates 28,000 sheep, 1000 oxen and heifers, 1200 cows with their breed for two years, 560 cait-horses, 2000 hogs, together with 600 bacons, 80 carcases of beef, .and 600 muttons in the larder; ten tuns of cyder, arms for 200 men, and other warlike engines and provisions. The plain in- ference is, that the greater |iart of Spenser's vast estate, as well as the estates of the other nobility, was farmed by the landlord himself, managed by his stewards or bailiffs, and cultivated by his villains. Little or none of it was let on lease to husbandmen ; its produce was consumed in rustic hospitality by the baron or his offi- cers; a great number of idle retainers, ready for any disorder or mischief, were maintained by him ; all who lived upon his estate were absolutely at his disposal ; instead of applying to courts of justice, he usually sought redress by open force and violence ; the great noljility were a kind of independent jiotentatcs, who, if they submitted to any regulations at all, were less governed by the municipal law, than by a rude species of the law of nations. The method in which we find they treated the king's favourites and ministers, is a proof of their usual way of dealing with each other. A party which complains of the arbitrary conduct of ministers, ought natiii-ally to aft'ect a great regard for the laws and constitution, and maintain at least the appearance of justice in their proceedings ; yet those barons, when discontented, came to parliament with an armed force, constr.ained the king to assent to their measures, and without any trial, or witness, or convic- tion, p.assed, from the pretended notoriety of facts, an act of banishment or attainder against the minister, which, on the first revolution of fortune, was reversed by like expedients. The parliament during factious times was notliing but the organ of present power. Though the persons of whom it was chiefly composed seemed to enjoy great independence, they really pos- sessed no true liberty ; and the security of each indi- vidual among them was not so much derived from the general jaotection of law, as from his own private power, and that of his confederates. The authority of the monarch, though far from absolute, was irregular, and might often reach him : the current of a faction Chap. XV.J EDWARD III. 1327—1377, 207 miglit ovcrwlielm him ; a liundied considerations, of beni'Kts and injuries, friendsliips and animosities, hopes and tears, were able to influence his conduct ; and amidst these motives a re^-ard to equity, and law, aud justice, was commonly, in those rude ages, of little moment. Nor did any man entertain thoughts of op- posing present power w ho did not deem himself strong enough to dispute the field witii it by force, and was not prepared to give battle to the sovereign or the ruling party. Before I conclude tliis reign, I cannot forbear malt- ing another remark, drawn from the detail of losses gi\ en in by the elder Spenser ; particularly the great quantity of salted meat which he liad in his larder, COO bacons, 80 carcases of beef, GDO muttons. We may obsciTO that tlie outrage of which he complained be- gan after tlie tliird of May, or the eleventh, new style, a.s we learn from the same paper. It is easy therefore to conjecture what a vast store of the same kind he must have laid up at the beginning of winter ; and we may draw a new conclusion with regard to the wretched state of ancient husbandry, which could not provide subsistence for the cattle during winter, even in such a temperate climate as the south of England ; for Spenser had but one manor so far north as York- shire. There being few or no inclosures, except per- haps for deer, no sown grass, little hay, aud no other resource of feeiling cattle ; the barons, as well as the peojjle, were obliged to kill and salt their oxen and sheep in the beginning of winter, before they became lean upon tlie common pasture, a precaution still prac- tised with regard to oxen in the least cultivated parts of this island. The salting of mutton is a miserable expedient, which has everywhere been long disused. From tills circumstance, however trivial in appearance, may be drawn important inferences with regard to the domestic economy and manner of life in those ages. The disorders of the times, from foreign wars and intestine dissensions, but above all, the cruel famine, which obliged the nobility to dismiss many of their re- tainers, increased the number of robbers in the king- dom ; and no place was secure from their incursions. They met in troops like armies, and overran the country. Two cardinals themselves, the pope's le- gates, notwithstanding the numerous train which at- tended them, were robbed, and despoiled of their goods and equipage, when they travelled on the high- way. Among the other wild fancies of the age, it was imagined that the persons affected with leprosy, a disease at that time very common, probably from bad diet, had conspired with the Saracens to poison all tlie springs and fountains ; and men being glad of any pre- tence to get rid of those who were a burden to them, many of those unhappy people were burnt alive on this chimerical imputation. Several Jews also were punished in their [lersons, and their goods were con- fiscated, on the same account. Stone, in his Survey of London, gives ns a curious instance of the hospitality of the ancient nobility in this period : it is taken from the accounts of the cofferer or steward of Thomas, earl of Liincaster and contains the expenses of that earl during the year 1313, which was not a year of famine. For the pantry, buttery, aud kitchen, 3405pcuinds; for 3(j!) pijics of red wine, and two of white, 104 pounds, &c. The whole 7300 pounds ; that is, near 22,000 pounds of our present money ; and making allowance for the cheapness of commodities, near a hundred thousand pounds. I have seen a French manuscript, containing accounts of some private disbursements of this king. There is an article, among others, of a crown paid to one for making the king laugh. To judge by the events of the reign, this ought not to have been an easy under- taking. This king left four children, two sons and two daughtei-s : Edward, his eldest son and successor ; John, created afterwards earl of Cornwall, who died young at Perth ; Jane, afterwards married to David Bruce, king of Scotland; aud Kleauor, married to Itegiuald, count of Gueldres. CHAPTER XV. EDWARD Iir. War witli Scotiana Execution of the Earl of hcnt Execution of Morlimcr, Karl of M,nrch State of Scotland War wiUl that King- dom King's Claim to the Crown of France i'rei'Hrations lor War with Franct \\ ar Naval Victory Domestic Di^turllnIlct■s Alfair^of Biitanny Uenewal of the War with Kraiict Invasion of France Haule of Crecy \\'ar uitii Scotland Captivity of the King of Scot5 tiUais taken. 1.327. ''I^'HE violent party, which had taken arms 2uth Jan. ± against Edwari'l II. an.l finally deposed that unfortunate monarch, deemed it requisite, for their future security, to pay so far an exterior obei- sance to the law, as to desire a parliamentaiy imlemnity for all their illegal proceedings ; on account of the ne- cessity which, it was jjreteuded, they lay under, of em- ploying force against the Spensers and other evil coun- sellors, enemies of the kingdom. All the attainders also, which had passed against the earl of Lancaster and his adherents, when the chance of war turned against them, were easily reversed during the triumph of their party ; and the Spensers, whose former at- tainder had lieen reversed by parliament, were now again, in this change of fortune, condemned by the votes of their enemies. A council of regency was likewise appointed by parliament, consisting of twelve persons ; five prelates, the archbishops of Canterbury and York, the bishops of Winchester, Worcester, and Hereford ; and seven lay peers, the earls of Norfolk, Kent, and Suney, and the lords W^ake, Ingham, Piercy, and Ross. The earl of Lancaster was appointed guardian and protector of the king's person. But, though it was reasonable to expect, that, as the weak- ness of the former king had given reins to the licen- tionsness of the barons, great domestic tranquillity would not pre\ail during the present minority, the first disturbance arose from an invasion by foreign enemies. AVAR WITH SCOTLAND. The king of Scots, declining in years and health, but retaining still that martial spirit which had laised hig nation from the lowest ebb of fortune, deemed the pre- sent opportunity favourable for infesting England. He first made an attenijit on the castle of Norham, in which he was disapjjointed ; he then collected an army of 25,000 men on tlie frontiers, and having given the command to the earl of ilurray and lord Douglas, threatened an incursion into the northern counties. The English regency, after trying in vain every expe- dient to restore peace with Scotland, made vigorous jirejiarations for war; and, besides assembling an Eng- lish army of near sixty thousand men, they invited back John of Ilainault, and some foreign cavah-y, whom they had dismissed ; and whose discipline and arms had apjieared su])erior to those of their own country. Young Edward himself, burning with a passion for military fame, appeared at the head of these numerous forces; and marched from Durham, the ap- pointed place of rendezvous, in quest of the enemy, who had already broken into the frontiers aud were laying everything waste around them. Hurray and Douglas were the two most celebralod warriors, bred in the long hostilities between the Scot.s 2l;8 THE HISTORY Ol-" ENGLAND [Chap. XV, nnd English ; and their forces, trained in the same fichool, and iniued to hardships, fatigues, and dangers, were perfectly qualified, by their habits and manner of life, for that desultory and destructive war which they carried into England. Except a body of about 4000 cavalry, well armed, and fit to make a steady impres- sion in battle, the rest of the army wei'e light-armed troops, mounted on small horses, which found subsist- ence everywhere, and carried them, with rapid and unexpected marches, whether they meant to commit depredations on the peaceable inhabitants, or to attack an armed enemy, or to retreat into their own country. Their whole equipage consisted of a bag of oatmeal, which, as a sujtply in case of necessity, each soldier carried behind him ; together with a liglit plate of iron, on which he instantly baked the meal into a cake in the open fields. But liis chief subsistence was the cattle which he seized ; and his cookery was as expe- ditious as all his other operations. Afier flaying the animal, he placed the sldn, loose, and hanging in the form of a bag, upon some stakes ; he poured water into it, kindled a fire below, and thus made it serve as a caldron for the boiling of his victuals. The chief diflnculty which Edward met with, after composing some dangerous frays which broke out be- tween his foreign forces and the English, was to come xip with an army so rapid in its marches, and so little encumbered in its motions. Though the flame and smoke of burning villages directed him sufiiciently to the ])lace of their encampment, he found, upon hurry- ing thither, tliat they had already dislodged ; and he soon discovered, by new marks of devastation, that the}' had removed to some distant quarter. After harassing his army during some time in this fruitless chase, he advanced northwards, and crossed theTyne, with a resolution of awaiting them on their return homewards, and taking vengeance for all their depre- dations. But that whole country was already so much wasted by their frequent incursions, that it could not afford subsistence to his army ; and he u as obliged again to return southwards, and change his plan of operations. lie had now lost all track of the enemy ; and though he promised tlie reward of a hundred pounds a year to auy one who should bring liim an account of their motions, he remained inactive some days, before he received any intelligence of them, lie for.nd at last, that they had fixed their camp on the southern banks of the Were, as if they intended to await a battle; but their prudent leaders liad chosen the ground with such judgment, that the English, on their approach, saw it impracticable, with- ont temerity, to cross the river in their front, and attack thim in their present situation. Edward, im- patient for revenge and glory, here sent them a de- fiance, and challenged them, if the}- dared, to meet liim in an equal field, and tiy tlie fortune of arms. The bold spirit of Douglas could ill brook this bravado, and he advised the acceptance of the challenge; but he was overruled by JIurray, who replied to Edward, that he never took the counsel of an enemy in any of his operations. The king, therefore, kept still his posi- tion opposite to tlie Scots; and daily expected, that necessity would oblige them to change their quarters, and give him an opportunity of overwhelming them with superior forces. After a few days, they suddenly decamped, and marched further up the river ; but still posted themselves in such a manner as to preserve the advantage of the ground, if the enemy sh.ould venture to attack them. Ed\7ard insisted, that all hazards Bhould be run, rather than allow these ravagers to escape with imiuinity; but Jlortimer's authority pre- vented the attack, and opposed itself to the valour of the young monarch. While the armies laj- in this po- sition, an incident happened which had well nigh proi'ed fatal to the English. Douglas having gotten the word, and surveyed exactly the situation of the Englisli camj), entered it secretly in the night-time, ■\dth a body of two liundrcd determined soldiers, and advanced to the royal tent, with a view of killing oi carrying off the king in the midst of his amiy. Bui some of Edward's attendants, awaking in that criticid moment, made resistance ; his chaplain and chamber- Iain sacrificed their lives for his safety; the king him- self, after making a valorous defence, escaped in the dark ; and Douglas, having lost the greater jiart of his followers, was glad to make a hasty retreat with the remainder. Soon after, the Scottish army decamped without noise in the dead of night ; and having thus gotten the start of the English, arrived without further loss in their own countiy. Edward, on entering the ])Iace of the Scottish encampment, found only si.\ En^ lishmen, whom the enemy, after breaking their leg-s, had tied to trees, in order to prevent their carrying any intelligence to their countiymen. Tlie king was highly iucensed at the disappointment which he had met with in his first enterprise, and at the head of so gallant an army. The symjitoms which he had discovered of bravery and spirit gave extreme satisfaction, and were regarded as sure pi-ognostics of an illustrious reign : but the general disjileasure fell violently on Jlortinier, who was already the object of public odium : and every measure which he pursued, tended to aggravate, beyond all bounds, tlie hatred of the nation both against him and queen Isabella. When the counsel of regency was formed, Mortimer, though in the plenitude of his power, had taken no care to ensure a place in it ; but this semblance of mo- deration was only a cover to the most iniquitous and ] most ambitious projects, lie rendered that council entirely useless by usurping to himself the whole sove- reign authority ; he settled on the queen dowager the gi'eater part of the royal revenues ; he never consulted either the princes of the blood or the nobility in any public measure ; the king himself was so besieged by Ills creatures, tiiat no access could be procured to him; and all the envy which had attended Gavastoii and Spenser fell much more deservedly on the new favourite. 1328. Jlortinier, sensible of the growing hatred of the people, thought it requisite on any terms to secure peace abroad ; and he entered into a negociatiou with Kobert Bruce for tliat purpose. As the claim of su|)e- riority in England, more than any other cause, had tended to inflame the animosities between the two na- tions, Jlortinier, besides stipulating a marriage between Jane, sister of Edv.-ard, and David, the sou and heu' of Robert, consented to resign absolutely this claim, to give up all the homages done by the Scottish parlia- ment and nobility, and to acknowledge Robert as in- dependent sovereign of Scotland. In return for these advantages, Robert stipulated the payment of 30,000 marks to England. This treaty was ratified by parlia- ment ; but was nevertheless the source of grpose him. It is pretended that Marre had no less than 40,000 men under his banners ; but (he same hurry and impatience that made him collect a force which, from it greatness, was so disproportioned to the occasion, rendered all his motions unskilful and im- prudent. The river Erne ran between the two armies; and the Scots, confiding in that .security, as well as in their great superiority of numbers, kept no order in their encampment. Baliol passed the river in the night time ; attacked the unguarded and nndi.sciplined Scots; (11th August;) threw them into confusion, wliich was increased by the darkness, and by their very numbers to which they tmsted ; and he beat them off the field with great slaughter. But in the morning, when the Scots were at sume distance, they were ashamed of having yielded the victory to so weak a foe, and they hurried back to recover the honour of the day. Their eager passions urged them precipi- tately to battle, without regard to some broken ground which lay between them and the enemy, and which disordered and confounded their lanks. Baliol seized the favourable opportunity, advanced his troops upon them, jireveuted them from rallying, and anew chased them off the field with redoubled slaughter. There fell about 12,000 Scots in this action ; and among these the flower of the nobility; the regent himself, tlie carl of Carrie, a natural son of their late king, the earls of Athole and Monteith, lord Hiiy, of Errol, constable, and the lords Keith and Lindsey. The loss of the English scarcely exceeded thirty men; a strong ))roof, among many others, of the miserable state of military disci- pline in those ages. Baliol soon after made himself master of Perth ; but still was not able to bring over any of the Scots to his party. Patric Dunbar, earl of March, and Sir Archi- bald Dougl.as, brother to the lord of that name, ap- peared at the head of the Scottish armies, which amounted still to near 40,000 men ; and they purposed to leduce Baliol and the ICnglish by tVimine. They blockaded Perth by land ; they collected some vessels, with which tliey invested it by water ; but Baliol's ships attacking the Scottish fleet, g.ained a complete victory; and opened the communication between Perth and the sea. The Scotch armies were then obliged to disband for want of pay and subsistence : the nation was, in effect, subdued by a handful of men ; each nobleman who found himself most exposed to danger, successively submitted to Baliol ; that prince was crowned at Scone, (27th September;) David, his com- petitor, w.as sent over to France with his betrothed wife, Jane, sister to Edward ; and the heads of his party sued to Baliol for a truce, which he granted them, in order to assemble a parliament in tranquillity, and have liis title recognised by the whole Scottish n.ation. 133:!. But Bailors imprudence, or his necessities, making him dismiss the greater part of his English followers, he was, notwithstanding the truce, attacked of a sudden near Annan, by Sir Archibakl Douglas and other chieftains of that party : he was routed ; his brother, John Baliol, was slain ; he himself was chased into England in a miserable condition; and tlius lost his kingdom by a revolution as sudden as that by which he had acquired it. WAR WITH SCOTLAND. While Baliol enjoyed his short-lived and precarious royalty, he had been sensible that, without the protec- tion of England, it would be impossible for him to nuiintain possession of the throne ; and he had secretly sent a message to Edward, offering to acknowledge his superiority, to renew the homage for his crcwn, aad to CuAP. XV.] EDWARD III. 1327- J377 211 esf ouso the piinccss Jane, if the pope's consent ccnld be obtained for dissolving Iier former marriage, wliich was not yet consummated. Edward, ambitious of re- covering that important concession, made by Mortimer during Iiis minority, threw off all scruples, and will- ingly accepted the offer ; but as the dethroning of Baliol h.ad rendered this stijiulation of no effect, the king prepared to reinstate liim in possession of tiie crown ; an enterprise which appeared from late ex- perience so e.isy and so little hazardous. As lie pos- sessed many popular arts, he consulted his parliament on the occasion; but that assembly, finding tlie re- solution alre.idy taken, declined giving any opinion, and only granted him, in order to support the enter- prise, an aid of a fifteenth from the personal estates of the nobility and gentry, .and a tenth of the moveables of borouglis. And they added a petition, that the king would thenceforth live on his own revenue, without grieving his subjects by illegal taxes, or by the out- rageous seizure of their goods in the shape of purvey- ance. As the Scots expected that the chief brunt of the war would fall upon Berwick, Dougl.as, the regent, threw a strong garrison into that place, under the command of sir William Keith; and he himself as- sembled a great army on the frontiers, ready to pene- trate into England as soon as Edward should have invested that place. The English army w.as less numerous, but better supplied with arms and provi- sions, and retained in stricter di.sci|]line ; .and the king, notwithstanding the valiant defence made by Keith, had in two months reduced the garrison to extremi- ties, and had obliged them to capitulate: they engaged to surrender, if they were not relieved within a few d.ays by their countrymen. This intelligence being conveyed to the Scottish army, which was preparing to invade Nortliuuilierland, clianged their plan of opera- tions, and engaged them to advance towards Berwick, and attempt the relief of that important fortress. Douglas, who had ever purposed to decline a pitched battle, in which he was sensible of the enemy's su- periority, and who intended to have drawn out the w.ar by small skirmishes, and by mutually rav.aging each other's country, was forced by the impatience of his froojis to put the fate of the kingdom upon the event of one d.ay. lie attacked the English at Hali- down-hill, (19th July,) a little north of Berwick ; and, though his heavy-armed cavalry dismounted, in order to render the action more steady and desperate, they were received with such valour by Edward, and were so galled by the English archers, that they were soon thrown into disorder, and on the fall of Dougl.as, their general, were totally routed. The whole army fled in confusion, and the English, but much more the Irish, gave little quarter in the pursuit ; all the nobles of chief distinction were either slain or taken prisoners ; near thirty thousand of the Scots fell in the action ; while the loss of the English amounted only to one knight, one esquire, and thirteen private soldiers ; an inequality almost incredible. After this fatal blow the Scottish nobles had no other resource than instant submission ; and Edward, leaving a considerable body with Baliol to complete the conquest of the kingdom, returned with the re- mainder of his army to England. Baliol w.as acknow- ledged king by a parliament assembled at Edinburgh ; the superiority of England was again recognised ; many of the Scottish nobility swore fealty to Edward ; and, to complete the misfortunes of that nation, Baliol ceded Berwick, Dunbar, Roxborough, Edinburgh, .and all the south-ea.st counties of Scotland, which were declared to be for ever annexed to the English monarchy. 1:534. If Baliol, on his first appearance, was dre.aded by the Scots .is an instrument employed by England for the subjection of the kingdom, this deed confirmed all their suspicions, and rendered him the object of iLiiiversal hatred. Whatever submissions they might he obliged to mAko, they cousidered him, not as their prince, but as the delegate and confederate of their determined enemy : and neither the m.anners of tho age, nor the state of Edward's revenue, permitting him to maintain a standing army in Scotland, the English forces were no sooner witiidrawn than the Scots re- volted from Baliol, and returned to their former alle- giance under Bruce. Sir Andrew Murr.ay, ap]iointed regent by the party of this latter prince, employed with success his valour and .activity in many small but decisive actions against Baliol ; and in a short time had almost wholly e.Npelled him the kingdoiu. Edward was obliged again to assemble an army, [I33C,] and to march into Scotland : the Scots, taught by experience, withdrew into their hills and fastnes.ses; he destroyed the houses and ravaged the estates of those whom he called rebels ; but this confirmed them still further in their obstinate antipathy to England and to Baliol : and being now rendered desperate, they were ready to take advant.age, on the first opportunity, of the retreat ot their enemy, and they soon reconquered their country from the English. Edward made anew his appearance in Scotland with like success: he found everything hostile in the kingdom excejit the spot on which he was encamped ; and though he marched uncontrolled over the low countries, the nation itself was further than ever from being broken and subdued. Besides being supported by their pride and auger, passions difficult to tame, they were encouraged, amidst ail their calamities, by daily promises of relief from France; and as a war was now likely to break out between that kingdom and E:)gland, they h.ad reason to expect, from this incident, a great diversion of that force which had so long oppressed and overwhelmed them. KING'S CLAISI TO THE CROWN OF FRANCE. 1337. We now come to a transaction, on which depended the most memorable events, not only of this long and active reign, but of the whole English and Frencli his- tory, during more than a century; and it will there- fore be necessary to give a particular account of the springs and causes of it. It had long been a prevailing opinion, that the crown of France could never descend to a female ; and, in order to give more authority to this ma.xim, and assign it a determinate origin, it had been usual to derive it from a clause in the Salian Code, the law of an ancient tribe among the Franks ; though that clause, when strictly examined, carries only the appearance of fa- vouring this principle, and does not i-eally, by tho confession of the best antiquaries, bear the sense com- monly imposed upon it. But though positive law seems wanting among the French for the exclusion cf females, the ju-actice had taken place ; and the rule was established btyond controversy on some ancient, as well as some modern precedents. During the first race of the monarchy, the Franks were so rude and barbarous a people, that they were incapable of sub- mitting to a female reign ; and in that period of their history there were frequent instances of kings advanced to royalty in prejudice of females, who were related to the crown by nearer degrees of consanguinity. These precedents, joined to like causes, had also established the male succession in the second race ; and though the instances were neither so frequent nor so certain during that period, the principle of excluding the female line seems still to have prev.ailed, and to have directed the conduct of the nation. Duni.g the third race, the crown had descended from father to son for eleven generations, from Hugh Ca]}et to Louis Ilutiu ; and thus, in fact, during the course of nine hundred years, the French monarchy had always been governed by m.ales, and no female, and none who founded his title on a female, had ever mounted the tlirone. I'hilip the Fair, father of Louis Ilntin, left three sons, this Louis, Philip the Long, and Charles the Fair, and one daughter, Isabella, Queen of En<;- 212 THE HISTORY OF ENGLAND. (■CiiAc. KV land. Louis Ilutin, tlic oldest, left at his death one daughter, by Margaret, sister to Eudcs, duUo of Bur. guady ; and as his quecu was then pregnant, riiiliji, his younger brother, was apjiointed regent, till it Bhould appear whether the child proved a .son or a daughtei-. The queen bore a male, who lived only a few days: riiilip was proclaimed king: and as the duke of Burgundy made some opposition, and asserted the riglits of his niece, the states of the kingdom, by a solemn and doliborivte decree, gave her .an exclusion, and declared all foniules for ever incapable of succeed- ing to the crown of France, riulip died after a short reign, leaving thi'eo daughters ; and his brother Charles, without dispute or controversy, then succeeded to the crown. The reign of Charles was also sh.ort: he left one daughter ; but as his queen was pregnant, the next male heir was appointed regent, with a declared right of succession, if the issue should prove female. This prince was Philip de Valois, cousin-german to tlie deceased king ; being the son of Charles de Valois, brother of I'liilip the Fair. The queen of France was delivered of a daughter : tlie regency ended ; .and Philip de Valois was unanimously placed on the throne of France. The king of England, who was at that time a youth of fifteen years of .ige, embraced a notion that he was entitled, in right of iiis mother, to the succession of the kingdom, and that the claim of the nephew w.as prefer- able to that of the consin-german. There could not well be im.agined a notion wealcer or worse grounded. The principle of excluding females was of old an estab- lished opinion in France, aud had acquired equal authority with the most express and positive law: it v.-as supported by ancient precedents : it was confirmed by recent instances, solemnly and deliberately decided : and, what placed it still further beyond controversy, if Edward was disposed to question its validity, he thereby cut off his own pretensions ; since the three last kings h.ad all left daughters, who were still alive, and who stood before him in tiie order of succession. Ho w.as therefore reduced to assert, that, though his mother, Isabell.a, was, on account of her sex, incapa- ble of succeeding, he himself, wlio inherited through her, was li.able to no such objection, and might claim by the right of propinquity. But, besides tliat this pretension was more favourable to Charles, king of Na\-arre, descended from the daughter of Louis llutin, it was so contrary to the established principles of suc- cession in eveiy country in Europe, was so repugnant to tlie practice, both in private and public inheritances, that nobody in France thought of Edward's claim : Philip's title was universally recognised : and he never imagined that he had a competitor ; much less so foi'midable a one as tlie king of England. But tliough the youthful and ambitious mind of Edward had rashly entertained this notion, he did not think proper to insist on his pretensions, whicli must have immediately involved him, on very unequal terms, in a dangerous and implacable war with so jiowerful a monarch. Philip v.ms a prince of mature years, of gi'e.at experience, and, at tliat time, of an establislied character both for priulence and v.alonr ; and by these circumstances, as well as by the internal union of his people, and tlieir acquiescence in his undoubted right, he possessed every advantage above a rnw youth, newly raised, by injustice and violence, to the govern- ment of the most intractable and most tui'bnlent sub- jects in Europe. But there immediately occurred an incident which required that Edward should either openly declare his ])retensions, or for ever renounc3 and al>jure them, lie was summoned to do homage for Guienne : Phili)) was preparing to compel him by force of arms : that country w.as in a very bad state of defence : and the forfeituria of so rich an inheritance w.as, by the feudal law, the immediate consequence of his refusing or declining to perform the duty of a vass.al. Edward therefore thought it prndenl tisub- Kiit to present neccsnitys ,lio wont over to Amiens: did homage to Philip : and as there had arisen some con- troversy concerning the terms of this submission, he afterwards sent over a formal deed, in which he ac- knowledged that ho owed liege hom.age to Fr.ance ; which was in effect ratifying, and that in the strongest terms, Philip's title to the crown of that kingdom. His own claim indeed was so unreasonable, and so thoroughly disavowed by the whole French nation, th.at to insist on it was no better tlian pretending to the violent conquest of the kingdom ; and it is pro- bable that he would never have I iwther thought of it, had it not been for some incidents which excited an animosity between the mon.archs. Robert of Artois was descended from the blood royal of France, was a m.an of great cluiracter and .authority, had espoused Plulip's sister, aud, by his birth, talents, and credit, was entitled to make the highest figure, and fill the most important ofiiccs, in the monarcliy. This prince had lost the county of Artois, which he claimed as his birthright, by a sen- tence, commonly deemed iniquitous, of I'liilij) th.e Fair ; and he was seduced to attempt recovering possession by an action so unworthy of lus rank and cluaractcr as a forgery. Tlie detection of this crime covered him with shame and confusion : his brother-in-law not only .ab.andoned liim, luit prosecuted him with violence: Robert, incapable of bearing disgrace, left the king- dom, and hid himself in the Low Countries : chased from that retreat by the authority of Philip, he came over to England : in spite of the French king's me- u.aces andremonstr.ances, he was favour.rbly received by Edward ; and was soon admitted into the councils, and shared the confidence of that monarch. Abandoning himself to all the movements of rage aud despair, he endeavoured to revive the prepossession entertained by Edw.ard in favour of his title to the crown of France, and even flattered him, that it w.as not im- possible for a prince of his valour and ainlilies to render hie claim effectual. The king was tlie more disposed, to hearken to suggestions of this nature, because ho had, in s&veral particulars, i'ound reason to complain of Philip's conduct with reg.ard to Guienne, and because that prince had both gii'en protection to the e.xiled David Bruce, and supported, at least encouraged, the Scots in their stioiggles for independence. Thus re- .sentment gradually filled the breasts of both monarchs, and made them incapable of hearkening to any terms of accommodation projiosedby the pope, who never ceased interposing his good offices between them. Philip thought that he should be wanting to the first princi- ples of policy if he abandoned Scotland : Edward atfirmed, tliat he must relinquish all pretensions to generosity, if he withdrew his protection from Robert. The former, informed of some preparations for hostili- ties which had been made by his rival, issued a sen- tence of felony and attainder against Robert, and declared, that every vassal of the crown, whether K'ithin or loithoul the kingdom, who gave countenance to that traitor would be involved in the .same sentence ; .a menace easy to be understood : the latter, resolute not to yield, endeavoured to form .alliances in the Low Countries and on the frontiers of Germany, the only places from whicli he either could make an effectual attaclc upon France, or produce sucli a diversion as might save the province of Guienne, which lay so much exposed to the pov.-er of Philip. PREPARATIONS FOR WAR WITH FRANCE, The king began with opening his intentions to the count of Jlainault, his fathc;!' -in-law ; and having en- gased him in his interests, he cm]>loyed the good oflices and councils of that prince in drawing into his alliance the other sovereigns of that neighliourhood The duke of Brabant w.is induced, by his mediation, and by l.arg" remittances of money frcjm I'^ngland, to promise his concurrence: the archbishop of Cologne, the duko of Guchlres, the maiquis of Jnliers, the rounf. CHAr. XT.] EDWARD III. 1327 — 1377 213 • of Namur, the lords of Fauqucmont nnd Eaquen, ■n-orc cr.gn^od by like motives to embrace the English alli- ance. These sovereign princes could siijijiiy, either liom their own states or Ironi the bordering countries, great numbers of warlike troops ; and nought was wanting to make the force on that quarter very formid- able but the accession of Flanders, which Kdward pro- cured by means somewhat extraordinary and nniisnal. As the Flemings were the first people in the north- cm parts of Europe that cultivated arts and manu- factures, the lower ranks of men among them had risen to a degree of opulence unknown elsewhere to those of their station in that barbarous age ; had ac- quired privileges and independence, and began to emerge from that stale of vassalage, or rather of sla- vei'v, into which the common jjcople had been uuiver- Siilly thrown by the feudal institutions. It was pro- bably difficult for them to bring their sovereign and their nobility to conform themselves to the primiples of law and civil government, so much neglected in every other country- : it was impossible for them to confine themselves within the proper bounds in their opposition and resentment against any instance of tyranny: they had risen in tumults ; had insulted the nobles ; li.-\d chased their earl into France ; and, de- livering themselves over to the guidance of a seditious leader, had been guilty of all that insolenci" and dis- order, to which the thoughtless and enraged populace arc so much inclined, wherever they are unfortunate enough to be their own masters. Their present loader was .lames d'Arteville, a brewer in Ghent, who governed them with a more abi^olute sway than had ever been assumed by any of their law- ful sovereigns: ho placed and displaced the magis- trates at pleasure ; he was accompanied by a guard, who, on the least signal from him. Instantly assassinated any man that happened to fall under his displeasure : all the cities of Flanders were full of his spies ; and it was immediate death to give him the smallest um- brage. The few nobles wlio remained in the country, lived in continual terror from his violence: lie seized the estates of all those whom he had either banished or murdered ; and bestowing a ])art on their wives and childien, converted the remainder to his own use. Such were the first effects that Europe saw of popular violence, after having groaned, during so many ages, under monarchical and aristocratieal tyranny. James d'Arteville was the man to whom Edward addressed himself for Imnging over the Flemings to his interests ; and that prince, the mo^t haughty and most aspiring of the age, never courted any ally with so much assiduity and so many submissions, as ho cm- ployed towards the seditious and criminal tradesman D'Arteville, proud of these advances from the king of England, and sensible that the Flemings were naturally inclined to maintain connexions with the English, who I'urnisheil thfm the materials of their woollen manufac- tures, the chief source of their opulence, readily cm- br.acfd the interests of Edward, and invited him over into the Low Conntries. Edw.ard, before he entered on this great enterprise, affected to consult his parlia- ment, asked their advice, and obtained their consent. And, the more to strengthen his hands, ho procured from them a grant of 20,000 sacks of wool ; which might amount to about a hundred thousand pounds. This commodity was a good instrument to employ with the Flemings; and the price of it with his German allies. lie completed the other necessary sums by loans, by pawning the crown jewels, by confiscating, or rather robbing at once all the Lombards, who now exercised the invidious trade, formerly monopoli;:cd by the .Tews, of lending on interest ; and being at- tended by a liody of I'nglish forces, and by several of Ids nobility, he sailed over to Flanders. \XM',. The German princes, in order to justif}- their unprovoked hostilities .against France, had required the Rnnction of some legal authority ; and Edward, that he pdnlif tjive tb.em sr.tisfaction on this head, had applied to Louis of Havaria, then emperor, and Iiad beca created by him t icnr of the empire ; an empty title, but which seemed to give him a right of commanding the service of the princes of Gemiany. The Flemings, wdio were vassals of France, pretending like scruples with regard to the invasion of their liege lord ; Edward, by the ad^-ice of d'Arteville, .assumed, in his commissions, the title of king of France ; and, in virtue of this right, claimed their assistance for dethroning Philip de Valois, the usurper of his kingdom. 'J'his step, wdiich he feared would destroy all future amity between the kingdoms, and beget endless and imidacablo jealousies in France, wi\s not taken by him without much reluctance and hesitation : and not being in itself very justifiable, it has in the i.ssue been attended with many miseries to both kingdoms. From this period we nuay date the commencement of that great animosity which the English nation h.ave ever .sance borne to the French, which had so visible an influence on all future trans- actions, and which has been, and continues to be, the spring of many rash and precipitate resolutions among them : in all the preceiling reigns since the Conquest, the lio.stilities between the two crowns had been only casual and temporary ; and as they had never been attended v.ith any bloody or dangerous event, the traces of them wei"e easily obliterated by the first treaty of pacification. The English nobility and gentry valued themselves on their French and Norman extrac- tion: they affected to employ the language of that country in all public transactions, and even in familial" conversation : and both the English court and camp being always full of noblr'S, who came from different jirovinces of France, the two people were, during some centuries, more intermingled together than any two distinct nations whom we meet with in history. But the fatal pretensions of I^dward HI. dissolved .all these connexions, and left the seeds of great animosity in both countries, especially among the EnglLsh. For if, is remarkable that this latter nation, though they wero commonly the .aggressors, and by their success and situation were enabled to commit the most cruel injur I'ies on the other, have always retained a strongei' tincture of national antipathy ; nor is their hatred re- taliated on them to an equal degree by the French. That country lies in the middle of Europe, has been successively engaged in hostilities with all its neigh- bours, the popular prejudices have been diverted into many channels, and, among a people of softer man- ners, they never rose to a great height against any particular nation. Philip made great preparations against the attack from the English, and such as seemed more than suffi- cient to secure him from the danger. Besides the con- currence of all the nobility in his own populous and warlike kingdom, his foreign alliances were both more cordial and more powerful than those which wero formed by his antagonist. The pope, who at this time lived at Avignon, was de])endent on France, and being disgusted at the connexions between Edward and Louis of Bavaria, whom he had excommunicated, he em- braced with zeal and sincerity the cause of the French monarch. The king of Xavarre, the nuke of Britanny, the count of Bar, were in the same interests ; and on the .side of Germany, the king of Bohemia, the Pala- tine, the dukrs of Lorraine and Austria, the bishop of Liege, the counts of Deuxpont, VaudemoTlt, and Geneva. The allies of Edward wero in themselves weaker ; and ha^^ng no object but his money, which began to be exhausted, they were slov»- in their mo- tions, and iifesolute in their measures. The duke of Brabant, the most powerful among them, seemed even inclined to withdi-aw himself wholly from the alliance [1339] ; and the king was necessitated both to give the Brabanters new privileges in trade, and to contract his son Edward with the daughter of that prince, ere he could bring him to fulfil his engagements. The sum- mer was wasted in conferences and negociations before Edward could take the field ; and he was obliged, ui 2i4: THE HISTORY OF ENGLAND. [Chap. XV order to allure lils German allies into his measures, to pretend tliat the first attack should be made upon Cambra, a city of the eni])ire wliich had been garri- soned by riiilip. 13ut finding, upon trial, the difficulty of the enterprise, he conducted them towards the fron- tiers of France ; and he tliere saw, by a sensible proof, the vanity of his expectations : the count of Namur, and even the count of Haiuault, his brother-in-law (for the old count was dead) refused to commence hostili- ties against their liege lord, and retired with their troops. So little account did they make of Edward's pretensions to the crown of France ! WAR WITH FRANCE. The king, however, entered the enemy's country, and encamped on the fields of Vironfosse, near Ca- pelle, with an army of near 50,000 men, composed almost entirely of foreigners : Philip approached him with an army of near double the force, composed chiefly of native subjects ; and it was daily expected that a battle would ensue. But the ]'2nglish monarch was averse to engage against so great a superioi-ity : the French thought it sufficient if he eluded the at- tacks of his enemy, without running any unnecessary hazard. The two armies faced each other for some days : mutual defiances were sent : and Edward, at last, retired into Flanders and disbanded his army. Such was the fruitless and almost ridiculous con- clusion of Edward's mighty preparations ; and, as his measures were the most j)rudeut that could be em- braced in his situation, he might learn from experience in what a hopeless enterpiise he was engaged. His expenses, though they had led to no end, had been con- suming and destructive : he had contracted near 300,000 poimds of debt ; he had anticipated all his revenue ; he had pawned everything of value which belonged either to himself or Iris queen ; he was obliged, in some measure, even to pawn himself to his creditors, by not sailing to England till he obtained their permission, and by ju'omising, on his word of honour, to return in person, if he did not remit their money. But he was a prince of too much spirit to be dis- couraged by the first difficulties of an undertaking ; and he was anxious to retrieve his honour by more successful and more gallant enterprises. For this purpose he had, during the course of the camjjaign, sent orders to summons a parliament by his son Ed- ward, whom he had left with the title of guardian, and to demand some supply in his urgent necessities. Tl'.e barons seemed inclined to grant his request ; but the knights, who often, at this time, acted as a separate body from the burgesses, made some scruple of taxing the constituents without their consent ; and they de- sired the guardian to summon a new parliament, which might be properly empowered for that purpose. The situation of the king and jiarliament was for the time neai'ly similar to that which they constantly fell into about the beginning of the last century ; and similar consequences began visibly to appear. The king, sensible of the frequent demands which he should be obliged to make on his people, had been anxious to ensure to his friends a seat in the house of commons, and at his instigation the sheriffs and other placemen had made interest to be elected into that assembly ; an abuse which the knights desired the king to correct by the tenure of his writ of summons, and which was accordingly remedied. On the other hand, the Icnights had professedly annexed conditions to their intended giant, and required a considerable retrenchment of the royal prerogatives, particularly with regard to purvey- ance, and the levying of the ancient feudal aids for knigliting the king's eldest son, and niarrj-ing his eldest daughter. The new parliament called by the guardian retained the same free spirit ; and though they offered him a supp'y of 30,000 sacks of wool, no business was concluded; because the conditions which they annexed appeared too high to be compensated by a temporary concession. But when Edward himself came ovor ' to England he summoued another parliament, aud he had the interest to procure a su]q)h' on more mode- rate terms. A confirmation of the two charters, and of the privileges of boroughs, a pardon for old debts and trespasses, and a remedy for some abuses in the execution of common law, were the chief conditions ii\sisted on ; and the king, in return for his concessions on these heads, obtained from the barons and knights an unusual grant for two years, of the ninth sheaf, lamb, and fleece on their estates ; and from the bur- gesses a ninth of their moveables at their true value. The whole parliament also granted a duty of forty shillings on each sack of wool exported, on each tlirce hundred wool-fells, and on each last of leather for the same term of years; but dreading the arbitrary spirit of the crown, they e-xpressly declared that this grant was to continue no longer, and was not to be drawn into precedent. Being soon after sensible that this supply, though considei able and very unusual in that age, would come in slowly, and would not answer the king's urgerit necessities, proceeding both from his debts and his preparations for war, tliey agreed that 20,000 sacks of wool should immediately be granted him, and their value be deducted from the ninths which were afterwards to be levied. But there appeared at this time another jealousy in the jiarliaraent which was very reasonable, and was founded on a sentiment that ought to have engaged them rather to check tlian support the king in all those ambitious projects so little likely to prove successful, and so dangerous to the nation if they did. Edward, wlio, before the commencement of the former cam- paign, had in several commissions assumed the title of king of France, now more openly in all jjublic deeds gave himself that appellation, autl always quartered the arms of France with those of England in his seals and ensigns. The parliament thought proper to obviate the consequences of this measure, and to declare that tiiey owed him no obedience as king of France, and that the two kingdoms nitist forever remain distinct and independent. They undoubtedly foresaw that France, if subdued, would, in the end, prove the seat of govern- ment ; and they deemed this previous protestation necessary, in order to prevent their becoming a jiro- vince to that monarchy. A frail security, if the event had really taken place ! 1340. As Phili]) was apprized, from the preparations which were making both in England and the Low Countries, that he nuist expect another invasion from Edward, he fitted out a great fleet, (13th June,) of 400 vessels, manned with 40,000 men ; and he stationed them off Sluise, with a view of intercepting the king in his passage. The English navy was much inferior in number, consisting ouly of 240 sail ; Imt whether it were by the superior abilities of Edward, or the greater dexterity of his seamen, they gained the wind of the enemy, and had the sun in their backs ; and with these advantages began the action. The battle was fierce and bloody : the English archers, whose force and address were now much celebrated, galled the French on their approach; and when the ships grappled together, and the contest became more steady and furious, the example of the king, and of so many gallant nobles who accompanied him, animated to such a degree the seamen and soldiery, that they inaii'-tained everywhere a superiority over the enemy. The French also had been guilty of some imprudenct, ill taking their station so near the coast of Flanders, and choos- ing that place for the scene of action. The Flemings, descrying the battle, hurried out of their harbours, and brought a re-enforcement to thi: English ; whidi, coming unexpectedly, had a greater eiFect than in pro- portion to its numbers. Two hundred and tliirty French ships were taken ; thirty thousand Fi'cnchmen were killed, with two of their admirals: the loss of the English was inconsiderable, compared to the great- ness and importance of the victory. None of Philip's Chap. XV.] P:DWARD [II. 1327-1377 216 courtiers, it is said, dared to inform hini of the event ; tiii his /ool or jester gave him a hint, by whicli he dis- covered the loss tliat he liad sustained. The lustre of this gieat success increased the king's authority among his aUies, who assembled their forces with expedition, and joined the English anny. Kd- wiid marched to the frontiers of France, at the head of above 100,000 men, consisting chiefly of foreigners, a more numerous army than either before or since has ever been con-.manded by any king of England. At the same time, the Flemmgs, to the nimibcr of 50,000 min, marched out under the command of Robert of Artois,and laid siege to St. Omer; but this tumultuary army, composed entuely of tradesmen inexperienced in war, was routed by a sally of tlie gaiTison, and, not- withstanding the abilities of their leader, was thrown into such a panic, that they were instantly dispersed, and never more appeared in the field. The enter]>rises of Kdward, though not attended with so inglorious an issue, proved eqi;allj vain and fruitless. 'J'iic king of France had a.ssenihled an army more numerous tlian the Knglifth ; was accomj^anied by all the chief nobility of his kingdom ; was attended by many foreign princes, and even by three monarchs, the king of Bohemia, Scotland, and Navarre; yet he still adhered to the prudent resolution of putting nothing to hazard: and after throwing strong garrisons into all the frontier towns, he retired backwards, persuaded that the enemy, having wasted their force in some tedious and unsuc- ce.s.sful enterprise, would afford him an easy victory. Tournay was at that time one of the most consider- able cities of Flanders, containing above 60,000 inhabi- tants of all ages, who were affectionate to the French government ; and as the secret of Edward's designs had not been strictly kept, Philip learned that the J-;nglish, in order to gratify their Flemish allies, had intended to open the campaign with the siege of this place : he tooic care, therefore, to supply it with a garrison of 14,000 men, commanded by the bravest nobility of F'rance ; and he reasonably expected that these forces, joined to the inhabitants, would be able to defend the city against all the efforts of the enemy. Accordingly l:;dward, when he commenced the siege, about the end of Jn]y, found everj-where an obstinate lesistance : the valour of one side was encountered with equal valour by the other: every assaidt was re- ]>ulsed, and proved unsuccessful : and the king was at last obliged to turn the siege into a blockade, in hopes that the great numbers of the garrison and citizens, wliich had enabled them to defend themselves against his attacks, would but expose them to be the more easily reduced by famine. The count of Eu, who com- manded in Tournay, as soon as he perceived that the F^nglish had formed this plan of operations, endea- voined to save his provisions by expelling all the useless mouths ; and the duke of lirabant, who wished no success to ICdward's enterprises, gave every one a free ;)assage through his quarters. After the siege had continued ten weeks, the city was reduced to distress ; and Philip, recalling all his scattered garrisons, advanced towards the English camp, at the iicad of a mighty army, with an intention of still avoiding any decisive action, but of seeking some opportunity for throwing relief into the place. Hero Edward, irritated ivith the small progress he had liitherto mafle, and with the disagreeable prospect that lay before Jiini, sent Philip a defiance by a herald ; and challenged him to decide their claims for the crown of France, either by single combat, or by an action, of a hundred against a hundred, or by a general engage- ment. IJut Phiip replied that, Edward having done homage to him for the dutchy of Guienne, and having solemnly acknowledged him for his superior, it by no moans became liira to send a defiance to liis liege lord and sovereign : that he was confident, notwithstanding all Edward's prep.arations, and liis conjuuction with the I rebellious Flemings, he liimself should soon be able to cliaso him Irom tiie frort.'-rs of Franco ■ that as the hostilities from England iia« prevented liim from exe- cuting his purposed cnisade against the infidels, he trusted in the assistance of the Almighty, who would reward his pious intentions, and punish the aggressor, whose ill-grounded claims had lendered them aboitive: that Edward proposed a duel on very uue.'iual terms, and offered to hazard only his own ;)e;son against both the kingdom of France, and the person of the king : but that if he would increase the stake, and put also the kingdom of England on the issue of the duel, he would, notwithstanding that the terms would still be unequal, very willingly accept of the challenge. It was e;isy to see that these mutual bravadoes were in- tended only to dazzle the populace, and that the two kings were too wise to think of executing their jire- tended purpose While the French and Engli.sh armies lay in this situation, and a general action was every day expected, Jane, countess dowager of Ilainault, interposed with her good offices, and endeavoured to conciliate peace between the contending monarchs, and to prevent any- further effiision of blood. This princess was mother-in- law to Edward, and sister to Philip ; and though slie had taken the vows in a convent, and had renounced the world, she left her retreat on this occasion, and em- jiloyed all her pious efforts to allay those animosities which had taken place betwen persons so nearly re- lated to her and to each other. As Philip had no material claims on his antagonist, she found that he hearkened willingly to the proposals; and even the luaughty and ambitious Edward, convinced of his fruit- less attempt, was not averse to her negociation. lie was sensible from experience, that he had engaged in an enterprise which far exceeded his force ; and that the power of England was never likely to prevail over that of a superior kingdom, firmly united under an able and prudent monarch. He discovered that all the allies whom he could gain by negociation, were at bottom averse to his enterprise ; and though they might second it to a certain length, would immediately detach themselves, and oppose its final aecomjdish- ment, if ever they could be brought to think that there was seriously any danger of it. He even saw that their chief purpose was to obtain money from him ; and as his supplies from England came in very slowly, and had much disappointed his expectations, he per- ceived their growing indilference in his cause, and their desire ofembracing all plausible terms of accommo- dation. Convinced at last that an undertaking must be imprudent which could only be supported by means so unequal to the end, he concluded a truce, (3d Sep- tember.) which left both parties in possession of their present acquisitions, and stopped all further hostilities on the side of the low countries, (Juienne, and Scot- land, till Jlidsummor next. A negociation was soon after opened at Arras, under the mediation of the pope's legates; and the truce was attempted to be con- verted into a solid peace. Edward here required that Pliilil) should free Guienne from all claims of superi- ority, and entirely withdraw his protection from Scot- land : but as he seemed uot anywise entitled to make such high demands, either from his past successes or future prospects, they were totally rejected by Philip, who agreed only to a prolongation of the truce. The king of France soon after detached the emperor Louis from the alliance of England, and engaged him to revoke the title of Imperial Vicar, which he had conferred on Edward. The king's other allies on the frontiers of France, disappointed in their hopes, gradu- ally withdrew from the confederacy ; and Edward himself, harassed by his numerous and importimate creditors, was obliged to make his escape by stealth into England. DOMESTIC DISTURBANX'ES. The unusual tax of a ninth sheaf. Iamb, and fleece, imposed by jiarliament. together with the greal 216 THE HISTORY OF ENGLAND [CuAP. XV want ui money, au J siill iiioie, of credit iu England, liad rendered the remittances to Flanders extremely backward ; nor conld it be expected that any expedi- tious method of collecting an imposition, which was so new in itself, and wliich yielded only a gradual pro- duce, coidd possildy be contrived by the king or his ministers. And tliough the parliament, foreseeing the inconvenience, had t;''^"'ed, as a present I'esouice, 20,000 sacks of wool, the only English goods that bore a sure price in foreign markets, and were the next to ready money, it was impossible but tlie getting pos- session of such a bulky commodity, the gathering it from different p.Trts of the kingdom, and the disposing of it abro.ad, must take up more time than the urgency of the king's affairs would permit, and must occasion all the disappointments complained of during the course of the campaign. But though nothing had hap- pened which Edward might not reasonably have fore- seen, he was so irritated with the unfortunate issue of his military operations, and so much vexed and af- fronted by his foreign creditors, that he was deter- mined to throw the blame somewhere oft' himself, and he came iu a very bad humour into England. He dis- covered his peevish disposition by the first act which he performed after his arrival : as he landed unex- pectedly, he found the Tower negligently guarded; and ho immediately committed to prison the constable, and all others who had the charge of that fortress, and lie treated them with unusual rigour. His vengeance fell next on the officers of the revenue, the slieriffs, the collectois of taxes, the undertakers of all kinds ; aud besides dismissing all of them from llieir employ- ments, he appointed commissioners to inquire into their conduct ; and these men, iu order to gratify the king's humour, were sure not to find any person inno- cent who came before tliem. Sir John St. Paul, keeper of the privy-seal, sir John Stonore, chief-justice, Andrew Aubrey, mayor of Loudon, were displaced and imprisoned, as wore also the bishop of Chichestei, chancellor, and the bishop of Lichiield, treasure!'. Stratford, archbishop of Canterbury, to wliom the charge of collecting the new taxes had been chiefly en- trusted, fell likewise vmder the king's displeasure ; but being absent at the time of Edward's arrival, ho escaped feeling the immediate effects of it. There were strong reasons wliich might discourage the kings of England in those ages from bestowing the chief offices of the crown on prelates and other eccle- siastical persons. These men had so intrenched them- selves in privileges and immunities, aad so openly challenged an exemption from all secular jurisdiction, that no civil penalty could be inflicted on tliein for any malversation in ofiice; and as even treason itself was declared to be no canonical offence, nor was allowed to be a sufficient reason for deprivation or other spiri- tual censures, that order of men had ensured to them- selves an almost total impunity, ;',nd were not bound l)y any political law or statute. But on the other hand, there were many peculiar causes which favoured their promotion. Besides that they possessed almost all the learning of the age, and were best qualified for ci-\il employment, the prelates enjoyed equal dignity with the greatest barons, and gave weight, by their personal authority, to the powers entrusted with them ; while at the same time they did not endanger the crown, by accumulating wealth or influence in their families, and were restrained, by the decency of their character, Irom that open rapine aud violence so often practised by the nobles. These motives had induced Edw.ard, as many of his predecessoi's, to entrust the chief depart- ments of goverument in the hands of ecclesiastics, at the hazard of seeing them disown his authority as soon as it was turned against them. 1341. This was the case with the archbishop Strat- ford. That prelate, informed of Edward's indignation Mgaiust him, prepared himself for the storm; and, not content with standing upon the defeusivc, he resolved, by beginning the attack, :j liliow the Ling that he knew the privileges of his character, and had couragfl to maint.ain them. He issued a general sentence ol' excommunication against all who ou r.ny pretext exer- cised violence ou the person or goods of clergymen ; who iufringed those privileges secured by the Great Charier, and by ecclesiastical canons; or who accused a prelate of treason, or any other crime, in order to bring him under the king's displeasure. Even Edward had reason to think himself struck at by this sentence ; both on account of the imprisonment of the two bishops and that of other clergymen concerned in levying the taxes, and on account of his seizing their lauds and moveables, that he might make tliem ansr.erable fur any balance which remained in their hands. 'J'he clergy, with their primate at their head, were now formed into a regular combination against the king, and many calumnies were spread against him, in order to deprive him of the confidence and aft'ections of his people. It was pretended that ho meant to recal the general pardon, and the remission which he had grant- ed of old debts, and to impose new and arbitrary taxes without consent of parliament. The archbishop went so far, in a letter to the king himself, as to tell him that there were two powers by which the woi'M was governed, the holy pontifical apostolic dignity, and the royal subordinate authority : that of these two powers the clerical was evidently the supreme; since the priests were to answer at the tribunal of the divine judgment for the conduct of kings themselves; that tlie clergy were the spiritual fathers of all the faithful, and, amongst others, of kings and princes ; and were entitled, by a heavenly charter, to direct their wills and actions, and to censure their transgressions : and that prelates had heretofore cited emperors before their tribunal, had sitten in judgment on their life and beha- viour, and had anathematized them for their obstinate offences. These topics were not well calculated to ap- pease Edward's indignation; and when he called a par- liameut, he sent not to the primate, as to the other peers, a summons to attimd it. Stratford was not dis- couraged at this mark of neglect or anger : he ajipeared before the gates, .irrayed in his pontifical robes, hold- ing the crosier in his hand, and accompanied by a pom- pous train of priests and prelates; and he required admittance as the first and liighest peer in the realm. During two days the king rejected his application; but sensible either that this afi'air might be attended with dangerous consequences, or that iu his impatience he liad grouudlessly accused the primate of ir.alvcrsa- tiou in his office, which seems really to have been the case, he at last permitted him to take his seat, and was reconciled to him. Edward now found himself in a bad situation both Avitli his own people and with foreign states; and it required all his genius and capacity to extricate him- self from such multiplied difficulties aud embairass- ments. His unjust and exorbitant claims ou France and Scotland had engaged him iu an implacable war with these two kingdoms, his nearest neighbours ; he had lost almost all his foreign alliances by his irregular payments; he was deeply involved-in re able persons be substituted in their place, liy these last regulations the barons ai>proaehed as near as they durst to those restrictions which had formerly been imposed on Henry III. and Kdward II., and u liich, from the dangerous consequences attending them, bad become so generally odious, that they did not e.Kpect to have either the concurrence of tlie people in demanding them, or the assent of the present king in granting them. In return for these important concessions, the par- liament offered the king a grant of 20,000 sacks of wool ; and his wants were so urgent, from the cla- mours of his creditors, and the demands of his foreign allies, that he was obliged to accept of the supply on these hard conditions. He ratified this statute in full parliament; but he secrelly entered a protest of such a nature as were sufficient, one should imagine, to de- stroy all future trust and confidence with his people : ho declared that as soon as his convenience permitted, ho would, from his own authority, revoke what had heen extorted from him.* Accordingly, be was no sooner possessed of the parliamentary supply, than he issued an edict, which contains many extraordinary positions and pretensions. He first asserLs, that that statute had been enacted contrary to law ; as if a free legislative body could ever do anything illegal. He next affirms, that as it was hurtful to the prerog.atives of the crown, wliichhe had sworn to defend, he bad only dissembled when lie seemed to ratify it; but that he Imd never in his own breast given his assent to it. He does not pretend that either he or the parliament hiy under force; but only that some inconvenience would have ensued, had he not seemingly affixed his sanction to that pretended statute. He therefore, with the advice of his council, and some earls and ba- rons, abrogates and annuls it ; and though he professes I'.imself willing and determined to observe such articles of it as were formerly law, he declares it to have i-ututes jtt Larg*. 15 Edward HI. Tliat tliis pr.ilcst of tne king's wai i«rt(, apjicftr^ evi-lL-ntly, since otiicrwise it would have been ridiculous io th..; lAriiainent to have icccpted of I. is assent; besides, the Icing owns th.it ae ■iix.^emolciit whica wcviH not have been the cue had his piuleal b^t2: I'UMi.. Vol. I. thenceforth no force or authoiity. The parliameufa that were afterwards assembled took no notice of this .arbitrary exertion of royal power, which, by a parity of reason, left all their laws at the mercy of the king; and, during the course of two years, Kdward had so far re-established his influence, and freed himself from his present necessities, that he then obtained from bis parliament a, leg.al repeal of the obnoxious statute. This transaction certainly contains remark.able circum- st.ances, which discover the manners and sentiments of the age; and m,ay prove what inaccurate work might be expected from such rude liands, when era- ployed in legislation, .and in rearing the delicate fabric of laws and constitution. But though Edward had happily recovered his au- thority at home, which bad been impaired by the events of the French war, he liad undergone so many mortifications from that attempt, and saw so little prospect of success, that he would probably have drop- ped ins claim, had not a revolution in Britanny openetl to him more promising views, and given his enterpris- ing genius a full opportunity of displaying itself. AFFAIRS OF BRITANNY. John HI., duke of Britanny, had, during some years, found liiniself declining through age and infirmities ; and having no issue, he w.as solicitous to prevent those dis- orders to which, on the event of his demise, a disputed succession might expose his subjects. His younger brother, the count of Pentliievre, had left only one daughter, whom the duke deemed his heir; and as his family had inherited the dutcliy by a female succession, he thought her title preferable to that of the count of Mountfort, who, being his brother by a second mar- riage, was the male heir of that principality. He ac- cordingly purposed to bestow his niece in marriage ou some person who might be able to defend her rights, and he cast his eye on Charles of Blois, nephew of the king of France, by his mother Margaret of Valois, sister to that monarch. But as he both loved his sub- jects, and was beloved by them, he determined not to take tliis important step without their .approbation; and having assembled the states of Britanny, he repre- sented to them the adv.antages of that alliance, and the prospect which it g.ave of an entire settlement of the succession. The Bretons willingly concurred in his choice : the marriage was concluded ; all his vassals, and among the rest the count of Mountfort, swore fe.alty to Charles and to his consort as to their future sovereigns ; and every danger of civil commotions seemed to be obviated, as far as human prudence could provide a remedy against them. But on the death of this good prince, the ambition of the count of Jlountfort broke through all these regulations, and kindled a war, not only dangerous to Britanny, but to a great part of Europe. While Charles of Blois was soliciting at the court of Fr.ance the inves- titure of the dutchy, Mountfort was active in acquir- ing immediate possession of it ; and by force or in- trigue he made himself master of Uenncs, Nantz, Brest, Ilenneboune, and all the most important fortresses, and engaged many considerable barons to acluiowdedge his authority. Sensible that he could expect no favour from Philip, ho made a voyage to England, on pretence of soliciting his claim to the earldom of Kichniond, which had devolved to him by his brother's death ; and there, olleriug to do homage to Edward as king of France, for the dutchy of Britanny, he proposed a strict alliance for the support of their mutual pretensions. Edward .saw immediately the advantages attending this treaty : Mountfort, an .active and valiant prince, closely united to him by interest, opened at once an entrance into the heart of France, and .afibrdcd him much more flattering views tlian his allies on the sine of Germany and the Low Countries, who had no sin- cere attachment to his cause, and ^^ hose progress WM aiso obstructed by those numerous fortifications which aF M8 THH lllSTCUY OF KNGLAND. [Chap. XV. Imd been raised on that frontier. lioliert of Artois ■was zealous in enforcing tlieso considerations ; tlic ambitions spirit of Kdward was little disposed to sit down under those repulses which lie had received, and ■which he tliought had so much impaired his reputation : nnd it required a very short ucgociation to conclude a treaty of alliance between two men who, though their pleas with regard to the preference of male or female succession were directly opposite, were intimately con- nected by their immediate interest. As this treaty was still a secret, Mounlfort on liis return ventured to appear at Paris, in order to defend liis cause before the court of peers ; but observing Philip and his judges to be prepossessed against bis title, and dreading their intentions of arresting him, till he should restore what he had seized by violence, lie suddenly made his escape ; .and war immediately coniHienced between him and Charles of Blois. Philip sent his eldest son, the duke of Normandy, with a pow- erful iirmy, to the assistance of the latter ; and Jlonnt- fort, unable to keep the field against his riv.al, remained in the city of Nantz, where he was besieged. The city was taken by the treachery of the inhabitants ; jronut- fort fell into the hands of his enemies ; was conducted as a prisoner to Paris ; and was shut up in tlio tower of the Louvre. 1342. This event seemed to put an end to the pre- tensions of the count of Jlountfort ; but his affairs •n-cre immediately retrieved by an unexpected inci- dent, which inspired new life .and vigour into his party. J.ane of Flanders, countess of Slountlbrt, the most ex- traordinary woman of the age, was roused, by the cap- tivity of her husband, from those domestic cares to which she bad hitherto limited her genius; and she courageously undertook to support the falling fortunes of her family. No sooner did she receive the fatal in- telligence, than she assembled the inhabitants of Ren- nes, where she then resided ; and carrying her infant son in her arras, deplored to them the calamity of their sovereign. She recommended to their care the illus- trious orphan, the sole ni.ale remaining of their ancient princes, who h.ad governed them with such indulgence and lenity, and to whom they had ever professed the most zealous attachment. She declared herself willing to run all hazards with them in so just a cause ; discovered the resources which still remained in the alliance of England ; and entreated tliem to make one eifort against an usurper, who, being imposed on them by the arms of France, would in return make a sacri- fice to his protector of the ancient liberties of Britanny. The audience, moved by the .affecting appearance, and inspirited by the noble conduct of the princess, vowed to live and die with her in defending tlie rights of her family : all the other fortresses of Britanny embraced the same resolution ; the countess went from place to place, encouraging the garrisons, providing them with everything necessary for subsistence, and concerting the proper plans of defence ; and after the had put the whole province in a gooil posture, she shut herself up in Ilennebonne, where she awaited with impatience the arrival of those succours which Edward had pro- missed her. Jleanwliile she sent over her son to Eng- land, that she might both put him in a place of .safety, and engage the king more strongly, by such a pledge, to embrace with ze.a! the interests of her family. Cluarles of Blois, anxious to make himself master of so important a fortress as Ilennebonne, and still more to take the countess prisoner, from wliose vigour and capacity all the difficulties to his succession in Bri- tuuny now proceeded, sat down before the place with a gl'eat Jirmy, composed of French, Spaniards, Genoeso, ,ind some Bretons ; and ho conducted the attack witli indefatigable industry. The defence was no less vigorous ; the besiegers were repulsed on every as- sault ; frequent sallies were made with success by the garrison ; and the countess herself being the most for- ward in all military operations, every one was ashamed not to exert himself to the utmost in this desperate situation. One day she perceived that the besiegorB, entirely occupied in .an .att.ack, had neglected a distant quarter of their camp; and she immediately sallied forth at tlic head of a body of 200 cavalry, threw tliein into confusion, did great execution upon them, and set fire to their tents, baggage, and m.agazines ; but when sho was preparing to return, she found tnat she was inter- cepted, and that a considerable body of the enemy had thrown themselves between her and the gates. She instantly took her resolution ; she ordered her men to disband, and to make the best of their way by ilight to Brest; she met them at the .appointed place of rendez- vous, collected another body of 000 horse, returned to Ilennebonne, broke unexpectedly through the enemy's camp, and was received with shouts and acclamations by the garrison, who, encour.agcd by this re-enforce- ment, and by so rare an example of female valour, determined to defend themselves to the last ex- tremity. The reiterated attacks, however, of the bcsiegei's bad at length made several breaches in the walks ; and it was apprehended that a general assault, which was every hour expected, would overpower the garrison, diminished in numbers, and extremely weakened with wateliing and fatigue. It became necessary to treat of a capitulation ; and the bishop of Leon was already engaged for that purpose in a conference with Charles of Blois; when the countess, who had mounted to a high tower, and was looking towards the sea with great impatience, descried some sails at a distance. She immediately exclaimed, "Behold the succours; the English succours ! No capitulation ! " This fleet had on board a body of heavy -.armed cav.alry, and six thousand archers, whom Edward had prepared for the relief of Hennebonne, but who had been long detained by contrary winds. They entered the harbour under the command of sir AValter Manny, one of the bravest captains of England ; and h.aving insjured fresh courage into the garrison, immediately sallied forth, beat tlie besiegers from all their posts, and obliged them to decamp. But notwithstanding this success, the countess of Mountfort found that her party, ovci-powered by num- bers, was declining in every quarter; and she went over to solicit more effectual succours from the king of England. Edward granted her a considerable re- enforcement, under Robert of Artois, who embarked on beard a fleet of forty-five ships, and sailed to Bi i- tanny. He was met in bis passage by the enemy; an action ensued, where the countess behaved with her wonted valour, and charged the enemy sword in hand, but the hostile fleets, after a sharp action, wei-e sepa- rated by a storm, and the English arrived .safely in Brit.anu}'. The first exploit of Robert w.as the taking of Valines, which he mastered by conduct and address: but he survived a very little time this prosperity. Tho Breton noblemen of the party of Charles assembled secretly in arms, attacked A'annes of a sudden, and carried the place, chiefly by reason of a wound received by IJobert, of which he soon after died at sea on his return to England. * After the death of this unfortunate jn^ince, the chiel .autlior of all the calamities with which his country was overwhelmed for more than a century, Edward undertook in person tlio defence of the countess of Mountfort ; and as the last truce with Fr.ance was now expired, the war, which the English and French had hitherto carried on .as allies to tlie competitors for Britanny, was thenceforth conducted in the name and under the stnudard of the two mouaichs. The king lauded at Morbian, near Vannes, with an army of 12,000 men ; and, being master of the field, he ende.v voured to give a lustre to his arms, by commencing at once three import.ant sieges, that of Vannes, of Ken- nes, and of Nantz. But by undertaking too much, he failed of success in all bis enterprises. Even the siege of Vannes, which Edward in person conducted with vigour, advanced but slowly ; and the French had all CnAP. XV.] EDWARD 111. 1327—1377 219 the leisure requisite for nialcing preparations against him. The diike of Nomiandy, eMest son of Philip, appeared in IJritanny, at the head of an army of 30,000 infantry and 4000 cavalry; and Edward was now ohlifjed to draw together all his forees, and to intrench himself strongly before Vannes, where the duke of Nonnamly Boon after arrived, and in a manner invested the besieg- ers. The garrison and the French camp were plentifully supplied with provisions ; while the English, who durst not make any attempt upon the place in the pre- sence of a superior enemy, drew all their subsistence from England, exposed to the hazards of the sea, and sometimes to those wliich arose from the fleet of the enemy. In this dangerous situation, Edward willingly hearkened to the mediation of the pope's legates, the cardinals of Palestine and Frescati, [13-lH,] who en- deavoured to negociate, if not a peace, at least a truce between the two kingdoms. A treaty was concluded for a cessation of arms during three years ; and Ed- ward had the abilities, notwithstanding his present dangerous situation, to procure to liimself very equal and honourable terms. It was agreed that Vauues should be sequestered, during the truce, in the hands of the legates, to be disposed of afterwards as they plciised ; and though Edward knew the partiality of the court of Home towards his antagonists, lie saved himself by this device from the dishonour of having undertaken a fruitless enterprise. It was also stipu- lated that all prisoners should be released, that the pl.iccs in Britanny should remain in the hands of the jn-esent possessors, and that the allies on both sides should be comprehended in the truce. Edward, soon after concluding this treaty, embarked with his army for England. The truce, though calculated for a long time, was of very short duration ; and each monarch endeavoured to throw on the other the blame of its infraction. Of course the historians of the two countries differ in their account of the matter. It seems probable, how- ever, as is affirmed by the French writers, that Ed- ward, in consenting to the truce, had no other view than to extricate himself from a perilous situation into which he had fallen, and was afterwards very careless in observing it. In all the memorials which remain on this subject, he complains chiefly of the punishment inflicted on Oliver de Clisson, John de Montaubau, and other Breton noblemen, who, lie says, were partisans of the family of Jlountfort, and consequently under the protection of England. But it appears that, at the conclusion of the truce, those noblemen had openly, by their declarations and actions, embraced the cause of Charles of Blois; andif they had entered into anysecrct correspondence and engagements with Edward, they were traitors to their party, and were justly punishable by Philip and Charles for their breach of faith ; nor liad Edward anj- ground of complaint against France for such severities. But when he laid these pretended injuries before the parliament, [1344,] whom he affected to consult on all occasions, that assembly entered into the quarrel, advised the king not to be amused by a fraudulent truce, and granted him supplies for the renewal of the war ; the counties were charged with a fifteenth for two years, and the boroughs with a tenth. The clergy consented to give a tenth for three years. These supplies enabled the king to complete his military preparations ; and he sent his cousin, Henry, carl of Derby, son of the earl of Lancaster, into Guienne, for the defence of that province. This prince, the most accomplished in the English court, possessed to a high degree the virtues of justice and liumanity, as well as those of valour and conduct,* and, iiot content with protecting and cherishing the pro- fit is reported of this prince, that h,-i\'ing once, hefore the ftttnck of s town, pmmiswl tjw soldiers the plunder, one private man hapiK-ricd to fall up^jn a frrcat ihcsl full of nmnev , wliich he immediHtcly l-rou^ht to the eirl, as tbinking it too prcat for himself to Ueep possession of it. Hut IJerlty tolil him that his promise did not depend on the ^-reatiieas or sniallncss ot the sum ; and tf^JoTd him to keep it all far Lis own use. vince committed to his care, he made a successful iu-. vasion on the enemy. Ho att-icked the count of Lisle, the French general at Bergerac, beat him from his in- tienchiuents, and took the place. He reduced a great part of Perigord, and continually advanced in liis con- quests, till the count of Lisle, having collected an army of ten or twelve thousand men, sat down before Au- beroche, in hopes of recovering that place, which had fallen into the hands of the English. [1345.] The carl of Derby came upon Iiim by surprise, with only a thousand cavalry, threw the French into disorder, pushed his advantages, and obtained a complete vic- tory. Lisle himself, with many considerable nobles, was taken prisoner, After this important success, Derby made a rajiid progress in subduing the Frencli jirovinces. He took Mousegur, Jlonsepat, Villefranche, Aliremont, and Tonins, with the fortress of Damassen. Aiguillon, a fortress deemed impregnable, fell into his hands from the cowardice of the governor. Angou- leme was surrendered after a short siege. Tlie only ]dace where he met with considerable resistance was Reole, which, however, was at last reduced, after a siege of above nine weeks. He made an attempt on Blaye, but thought it more prudent to raise the siege, than waste his time before a place of small import- ance. 134G. The reason why Derby was permitted to make, without opposition, such progress on the side of Guienne, was the diftieuities under which the French finances then laboured, and which had obliged Philip to lay on new impositions, particularly the duty on salt, to the great discontent, and .-ilmost mutiny of liis subjects. But afier the court of France was supplied witli money, great preparations were made ; and the duke of Normandy, attended by the duke of Bur- gundy and other great nobility, led towards Guienne a powerful army, which the English could not think of resisting in the open field. The e.arl of Derby stood on the defensive, and allowed the French to carry on at leisure the siege of Angouleme, which was their first enterprise. John lord Norwich, the governor, after a brave and vigorous defence, found himself re- duced to such extremities, as obliged him to employ a sti-atageK, in order to save his garrison, and to pre- vent his being reduced to surrender at discretion. He appeared on the walls, and desired a parley with the duke of Normandy. The prince there told Norwich, that he supposed he intended to capitulate. " Not at all," replied the governor : "but as to-morrow is the feast of the Virgin, to whom I know that you, sir, as well as myself, bear a great devotion, I desire a cessa- tion of arms for that day." The proposal was agreed to ; and Norwich, having ordered his forces to pre- pare all their baggage, marched out next day, and ad- vanced towards the French camp. The besiegers imagining they were to be attacked, ran to their arms; but Norwich sent a messenger to the duke, reminding him of his engagement. The duke, who piqued him- self on faithfully keeping his word, exclaimed, "I see the governor has outwitted me ; but let us be content with g.ainiug the place:" and the English were allowed to pass through the camp unmolested. After some other successes, the duke of Normandy laid siege to Aiguillon ; and as the natural strength of the fortress, together with a brave garrison, under the command of the earl of Pembroke and Sir Walter Manny, rendered it impossible to take the place by assault, he purposed, after making several fruitless attacks, to reduce it by famine ; but, before he could finish this enterprise, ho was called to another quarter of the kingdom, by one of the greatest disasters that ever befel the French monarchy. Edward, informed by the earl of Derby of the great danger to which Guienne was exposed, had prepared a force with which he intended in person to bring it relief. He embarked at Southampton, on bo.ird a fleet of near a thousand sail of all dimensions, and cairied with him, besides all the chief nobility of Eng^ 220 THE HISTORY OF ENGLAND. [Chap. XV, land, liis oU^ost son, tlip piincc of Wales, now fifteen yeovs of ago. Tlio winds proved long contvary ; ar.d the l;in?, m despair of arriving in time at Giiicnne, was at^ last persnaded liy Geoffrey d'lIarco\ir(, to clian"e the destination of liis enterprise. This noble- man was a Norman by hirtli, had long made a con- sidcM-ahlo figure in the court of Franec, and was gene- rally esteemed for his personal merit and his valour; hut'being disobliged and persecuted by Pliilip, ho had fled into England ; had reeommeuded himself to Ed- ward, who was an excellent judge of men ; and had succeeded to Robert of Artois in the invidious office of exciting and assisting the Icing in every enterprise against his native country. lie liad long insisted that an expedition to Normandy promised, in the present circumstanees, more favourable success than one to Guienne ; that Edward would find the northern pro- vinces almost destitute of military force, whicli had been drawn to the south; that they were full of flonrishiug cities, whose plunder would enrich the English ; that tlieir cultivated fields, as yet unspoiled by war, would supply them with plenty of provisions ; and that the neighbourhood of the caiiital rendered every event of importance in those quarters. Tlics? reasons, which had not before been duly weighed by Ercsence of the enemy. The first line, consisting of l.'i.OOO Genoese cross-bow men, was comin.anded by Anthony Doria and Charles Griinahli : the second was led by the count of Alcnron, brother to the king: the king himself was at the head of the third. Besides the French monarch, there were no less than three crowned heads in this engagement : the king of Bohemia, the king of the Romans, his son, and the king of Majorca; with all the nobility and great vassals of the crown of France. The army now consisted of above 120,000 men, more than three times the number of the enemy. But the luaidence of one man was sujierior to the advantage of all this force and splendour. The English, on the ajiproach of the enemy, kept their ranks firm and immoveable ; an-d the Genoese first began the attack. There had hajqiened, a little before the engagement, a thunder-shower, which liad moistened and rel.axed the strings of the Genoese cross- bows; their arrows, for this reason, fell short of the enemy. The English archers, taking their bows out of their cases, poured in a shower of arrows upon this multitude who were opposed to them, and soon threw them into disorder. The Genoese fell back upon the lieavy-armed cavalry of the count of Alencon ; who, enraged at their cowardice, ordered his troops to put them to the .sword. The artillery fired amidst tho 222 THE HISTORY OF ENGLAND. [CHAr. XV, crowd ; tiie Eii^Ubli arcliers oontinucd to soml in tlicir ftiTOWS among tlioiii ; and noiUing was to he seen in tliat vast body bnt hurry and confusion, terror and dismay. The young prince of Wales had tlie presence of niiiid to take advantage of this situation, and to lead on liis line to tlie charge. The French cavalry, however, recovering somewhat their order, and encou- raged by the example of their leader, made a stout re- sistance ; and having at last cleared tliemselves of tlie Genoese runaways, advanced upon their enemies, and bv their superior numbers begau to hem them round. Tlie carls of Arundel and Northamipton now advanced their line to sustain the prince, who, ardent in his first feats of arms, sot an example of valour which was imi- tated by all his followers. The battle became, for some time, hot and dangerous ; and the earl of Warwick, apprehensive of the event from the superior numbers «f the French, dispatched a messenger to the king, and entreated him to send succours to the relief of the prince. Edwaid had chosen his station on the lop of the hill; and he surveyed in tranquillity the scene of action. W^hen the messenger accosted him, his first question was, whether the prince was slain or woumleil ! On receiving an answer in the negative, " Return," said lie, " to my sou, and tell him that I reserve the honour of tlio day to him : I am confident tliat he will show himself worthy of the honour of kuiglithood which I so lately conferred iipon him : he will be at>le, without my assistance, to repel the enemy." This speech being reported to the prince and his attendants, inspired them with fresh courage : they made an attack with redoubled vigour on the French, in which the count of Alenfon was slain : the whole line of cavalry was thrown into disorder: the riders were killed or dismounted : the Welsh infantry rushed into tlio throng, and witli their long knives cut the throats of all wlio I'.ad fallen; nor was any quarter given that day by the victors. The king of France advanced in vain with the rear to sustain the line commanded by his brother: he found them already discomfited ; and the example of their rout increased the confusion which was before but too ijrevalcnt in his own body. He had liimself a horse killed under him ; he was remounted ; and though left almost alone, he seemed still determined to maintain the combat ; when John of Hainault seized the reins of his bridle, turned about his horse, and carried him ofl' the field of battle. The whole French army took to flight, and was followed and p>it to the sword, without mercy, by the enemy; till the darkness of the night put an end to the pursuit. The king on his return to the cam]), flew into the arms of the prince of Wales, and exclaimed, " Sly brave son ! Persevere in your honourable coui-se : you are my sou : for vali- antly have you acquitted yourself to-day : you have shown yourself worthy of eraj)ire." This battle, which is known by the name of the battle of Crecy, began after three o'clock in the after- noon, and continued till evening. The next mcrning was foggy : and as the English observed that many of thfl enemy had lost their way in the night and in the mist, they employed a stratagem to bring them into their power : they erected on the eminences some French standards which they had taken in the battle ; and all who were allured by this false signal were put to the sword, and no quarter given them. In excuse for this inhumanity, it was alleged that the French king had given hke orders to his troops ; but the real reason probably was, that the English in their jiresent situation, did not choose to be encumbered with pri- soners. On the day of battle and on the ensuing, there fell by a moderate computation, 1200 French knights, 1400 gentlemen, 4000 men-at-arms, besides about 30,000 of inferior rank: many of the principal nobility of France, the dukes of Lorraine and Bourbon, the earls of Flandei-s, liiois, Vaudemont, Aumale, were left on Uic field of battle. The kings also of liohemia and Kajorea were slain : the fate of the former was re- markable : lie was blind from age ; but being resolved to hazard his person, and set an example to others, !io oideied the reins of his bridle to be tied on each side to the horses of two gentlemen of his train ; and his dead body and those of his attendants, were afterwards found among the slain, with their horses standing by them in that situation. His crest was thrc^e osti'ich feathers ; and his motto these German words, fc/t dicn, (I serve): wliich the prince of Wales and his succes- sors adopted in memorial of this great victory. The action may seem no less remarkable for the small loss sustained by the English, than for the great slaughter of the French : there were killed in it only one esquire and three knights, and very few of inferior rank ; a demonstration that the prudent disposition ])lanned by Edward, and the disorderly attack made by the. French, had rendered the whole rather a route than a battle ; which was indeed the common case with engagements in tiiose times. The great jjrudcnce of Edward appeared not only in obtaining this memorable victory, but in the measures which he pursued after it. Not elated by his present prosperity, so far as to cxjiect the total conquest ot Fiance, or even that of any considerable provinces ; lie purposed only to secure such an easy entrance into that kingdom as might afterwards open the way to more moderate advantages. He knew the extreme distance of Guienua : he had experienced the difficulty and uncertainty of peneti'ating on the side of the Low Countries, and had already lost much of his authority over Flanders by the death of d'Arteville, who had been murdered by the populace themselves, his former partisans, on his attempting to transfer the sovereignty of that province to the prince of Wales. The king, therefore, limited his ambition to the conquest of Calais: and after the interval of a few days, which ho employed in interring the slain, he marched with his A'ictorious army, and presented himself before the jjlace. John of Vienne, a valiant knight of Burgundy, was- governor of Calais, and being siijiptied with everything necessary for defence, ho encouraged the townsmen to perform to the utmost their duty to their king and country. Edward, therefore, sensible from the begin ning that it was in vain to attempt the place by force, purposed only to reduce it by famine : he chose a secure station for his camp; -drew intrenchmeuts around the whole city ; raised huts for his soldiers, which he covered with straw or broom ; and i)rovided his army with all the conveniences necessary to make them endure the winter season, w hich was approach- ing. As the governor soon perceived liis intention, he expelled all the useless mouths ; and the king had the generosity to allow these unhappy people to pass through his camp, and he even sujiplied them with money for their journey. While Edward was engaged in this siege, which em- ployed him near a twelvemonth, there p.asscd in differ- ent places many other events ; and all to the honour of the English arms. The retreat of the duke of Norraandy from Guienno left the carl of Derby master of the field ; and Ifo was not negligent in making his advantage of the superi- ority. He took Jlirabeau by assault : he made hiinscli' master of Lusignau in the same manner : TallebourL;' and St. Jean d'Angeli fell into his hands ; Poictieis opened its gates to him ; and Derby having thus broken into the frontieis on that quarter, carried his incursions to the banlvs of the Loire, and filled all the southern pi'ovinces of France with horror and de\astation. The flames of war were at the same time kindled iu Britanny. Charles of Blois invaded that province with a considerable army, and invested the fortress of Itoche de Kien ; but the countess of Mouutfort, re- euforeed by some English troops under sir Thomas Dagworth, attacked him during the night in his in- treuchinents, dispersed his army, and took Charles himself prisoner. His wife, by whom he enjoyed his CttAP. xv.i EDWARD III. 1327—1377 223 pretensions to Bi-ifanny, compelled by the iiicscnt necessity, took on licr tlie government of tlie party, and proved lierself a rival in every shape, and an antagonist to the countess of SFoiintfort, both in the field and in the cabinet. And while tliese heroic dames presented this extraordinary scene to the world, another princess in Enghmd, of still higher rank, sliowed herself no less capable of exerting every niaul5' vii'tue. WAR WITH SCOTLAND. The Scottish nation, after long defending, with in- credible perseverance, their liberties against the su- jierior force of the English, recalled their king, David Bruce, in 134'2. Though that prince, neither by his age nor capacity, covdd bring them great assistance, lie gave them the countenance of sovereign authority ; and as Edward's wars on the continent proved a great diversion to the force of England, they rendered the balance more cqiial between the kingdom.s. In every truce which Edward concluded with riiilip,tlie Icing of Scotland was comprehended ; and when Edward made his Last invasion ujjon France, David was strongly so- licited by his ally to begin also liostilities, and to invade the northern counties of England. The nobility of his nation being always fonvard in such incursions, David soon mustered a great army, entered Northumberland at the head of above 50,000 men, and carried his rav.ages and devastations to the gates of Durham. But queen I'hiUppa, assembling a body of little more than 1^,000 men, which she entrusted to the command of lord Piercy, ventured to approach him at Neville's Cross, near that city ; and riding through that ranks of her army, exhorted everj- man to do his duty, and to take revenge on these barbarmis ravagers. Nor could she be persuaded to leave the field tiU the armies were on the point of engaging. The Scots have often been unfortunate in the great pitched battles which they fought with the English ; even though they commonly declined such engagements where the superiority of numbei's was not on their side : but never did they receive a more fatal blow than the present. Thev were broken and ch.ased off the field ; (I7th October;) fifteen tliousand of them, some historians say twenty thousar.d, were slain ; among whom were Edward Keith, carl nuiresclial, and sir Thomas Charteris, chan- cellor ; and the king himself was taken prisoner, with the earls of Sutherland, Fife, Slonteith, Cairic, lord Douglas, and many other noblemen. Philippa, having secm-ed her royal prisoner in the Tower, crossed the sea at Dover ; and was received in the Englisli camp before Calais with all the triumph due to her rank, her merit, ,ind her success. This age was the reign of chivalry and gallantly: Edward's court excelled in these accomplishments as much as in policy and arms : and if anytliing could justify the obsecjuious devotion then professed to the fair sex, it must be the appearance of such extraordinary women as shone forth during that period. CALAIS TAKEN. 1347. The town of Calais had been defended with remark- able v gilance, constancy, and bravery by the towns- men, I uring a siege of unusual length ; but Philip, iuibrni 'd of theii- distressed condition, determined at last to attempt their relief; and he ajiproached the English with an immense army, which the writei-s of tliat age viake amount to 200,000 men. But he found Edward so surrounded with morasses, and secured bv intrenchmcn's, that, witho,ut running on inevitable destruction, he concluded it impossible to make an attempt on the English camp, lie had no other re- source than to send his rival a vain challenge to meet him in the open field, which being refused, he was obliged to decamp with his army, and disperse them into their sever,al provinces. •Tohn of Vieniie, governor of Calais, now .saw the I necessity of surrendering liis fortress, which wa-s ra- ' duced to the last extremity by famine and the fr.tifnie of the inhabitants, lie appeared on the walls, ami made a signal to the English sentinels that he dcsirej a parley. Sir Walter Jlanny was sent to him by Edward. " Brave knight," cried the governor, " I have been entrusted by my sovereign with the com- mand of this town : it is almost a year since you besieged nie; and I have endeavoured, as well as those under me, to do our duty. But you ave acquainted with our present coiulition : we have no ho;:os of relief ; we are perisliing with hmiger; I am willing to sur- render, and desire as the sole condition, to insure the lives and liberties of these brave men, who liave 60 long shared with me every danger and fatigue." JIanny replied, that he was well acquainted with tlio intentions of the king of England ; that that juince was incensed against the townsmen of Calais for their per- tinacious resistance, and for the evils which they had made him and his subjects suffer ; that he was deter- mined to take exemplary vengeance on them ; and would not receive the town on any condition which should confine him in the punishment of those offend- ers. "Consider," replied A'ienne, "that this is not the treatment to which brave men are entitled : if any English knight had been in my situation, your king would have expected the same conduct from him. The inhabitants of Calais have done for their sovereign what merits the esteem of every prince ; much more of so gallant a prince as Edward. But I inform you, that if we must perish, we shall not jierish unrevenged ; and that we are not yet so reduced, but we can sell our lives at a high price to the victors. It is the interest of both sides to prevent these desperate extremities ; and I expect that you yourself, bravo knight, will interpose your good offices with youi- prince in our behalf." Manny was struck Avith the justness of the senti- ments, and represented to the king the danger of reprisals, if he should give such treatment to the in- habitants of Calais. Edward was at last persuaded to mitigate the rigour of the conditions demanded : he only insisted that six of the most considerable citizens should be sent to him, to be disposed of as he thought proper ; that they should come to his camp carrying the keys of the city in their hands, bareheaded and barefooted, with rojjes about their necks ; and on these conditions, he promised to spare the lives of all the remainder. AVlien this intelligence was conveyed to Calais, it struck the inhabitants with new consteruation. To sacrifice six of their fellow-citizens to certain destruc- tion for signalizing their ViUour in a common cause, appeared to them even more severe than that general punishment with which they were before threatened ; and they found themselves incapable of coining to any resolution in so cruel and distressful a situation. At last one of the principal inhabitants, called Eustace de St. I'ierre, whose name deserves to be recorded, stepped forth, and declared himself wilUng to encounter death for the safety of his friends and companions : another animated by his example, made a bke generous oft'er; a third and a fourth presented themselves to the same fate ; and the whole number was soon completed. Tliese si.x heroic burgesses aiipeared before Edward in the guise of malefactors, laid at his feet the keys of their city, and were ordered to be led to execution. It is surprising that so generous a prince shoidd ever have entert;uned such a barbarous purpose against such men ; and still more that he should seriously j]ersist in the resolution of executing it. [See note Z, at the end of this IV.] But the entreaties of his queen saved his memory from that infamy : she threw herself on her knees before him, and, with tears in hei eyes, begged the lives of these citizens. Having obtained her re- quest, she carried them into her tent, ordered a repast to be set before them, and, after making them a present of money and clothes, dismissed them in Siil'ety. 224 THE HISTORY OF ENGLAND, [Cii.\r. XVI, The Ivin^ took possession of Calais, (4th A\igust,) and immediately cxeciitoil au act of risom-, moi'o justi- fiable, because iiioro necessary, than tliat which he had before resolved on. He knew that, notwithstanding his pretended title to the crown of France, every Frenchman regarded him as a mortal enemy : he thei'e- fore ordered all the inhabitants of Calais to evacuate the town, and he peopled it anew with luiglish ; a policy which probably jireserved so long to his succcs- sois the dominion of that important fortress. He made it the staple of wool, leather, tin, and lead ; tlie four chief, if not the sole commodities of the kingdom, for which there was any considerable demand in foreign markets. All the English were obliged to bring thither these goods : foreign merchants came to the same place, in order to purchase them, and at a pei'iod wlien posts were not established, and when the communication between states was so imperfect, this institution, though it hurt the navigation of England, was probably of ad- vantage to the kingdom. 1348. Through the mediation of the jjope's legates, Edward concluded a truce with France ; but, even during tlie cessation of arms, he had very nearly lost Calais, the solo fruit of all his boasted victories. The king had entrusted that place to Aimery do Pavie, an Italian, who had discovered bravery and conduct in the wars, but was utterly destitute of every principle of honour and fidelity. This man agreed to deliver up Calais for the sum of twenty thousand crowns ; and Geoftry de Charni, who commanded the French forces in those quarters, and who knew that, if he succeeded in this service, he should not be disavowed, ventured, without consulting his master, to conclude the bargain with liim. PMward, informed of this treachery by means of Aimery's secretary, summoned the governor to London on other pretences ; and having charged him with the guilt, promised him his life, but on condition that he would tm-n the contrivance to the destruction of the enemy. The Italian easily agreed to this double treachery. A day was appointed for the admission of the French ; and Edward, having jn'epared a foi'ce of about a thousand men, under sir Walter Manny, secretly dejiarted from London, carrying with him the prince of Wales ; and, without being suspected, arrived the evening before at Calais. He made a proper dispo- sition for the reception of the enemy, and kept all his forces and the garrison under arms. On the appear- ance of Charni, a chosen band of French soldiers was admitted at the postern ; and Aimery, receiving the stipulated sum, promised that, with their assistance, he would immediately open the great gate to the troops, who were waiting with impatience for the fulfilling of his engagement. All the French who entered were immediately slain, or taken jnisoners: [1st January, 134r) :] the great gate opened : Edward rushed forth with ci'ies of battle and of victory : the French, tliough astonished at the event, behaved with valour: a fierce and bloody engagement ensued. As the moi'uing broke, the king, who was not distinguished by his arms, and who fouL'ht as a ]irivate man imder the standard of sir Walter ilanny, remarked a French gentleman, called Eustace de Itihanmout, who exerted himself with sin- gular vigour and bravery ; and he was seized with a desire of trying a single-combat with him. He stepped forth from his troop, and challenging Ribaumont by name, (for he was known to him,) began a sharp and dangerous encounter. He was twice beaten to the ground by the valour of the Frenchman : he twice re- covered himself; blows were redoubled with equal force on both sides; the victory was long undecided, till Ribaumont, jierceiving himself to be left almost alone, called out to his antagonist, "Sir knight, I yield myself your prisoner;" and at the same time delivered his sword to the king. ]\Iost of the French being over- powered by numbers, and intercepted in their retreat, lost either their lives or their liberty. The French officers who had ftxllen into the bauds of the English were conducted into Calais : where Edward j discovered to them the antagonist with whom they Iiad the honour to be engaged, and treated them with great regard and courtesy. They were admitted to sup witK the prince of Wales and the English nobility : and, after sujiper, the king himself came into the ajjartment, and went about, conversing familiarly with one or other of his prisoners. He eveu addressed himself to Charni, and avoided reproaching him, in too severe terms, with the treacherous attempt which he had made upon Calais during the truce: but he openly be- stowed the highest encomiums on Kibaumont; called him the most valorous knight that he had ever been acquainted with; and confessed that he himself had at no time been in so great danger as when engaged iu combat with him. lie tlien took a string of i)earl3, which ho wore about his own head, ami tl-.rowir.g it over the head of Ribaumont, he said to him, " Sir Eustace, I bestow this present upon you as a testi- mony of my esteem for your bravery : and I desire you to wear it a year for my sake : I know you to be g.ay and amorous, and to take delight in the com- pany of ladies and damsels : let them all know from what hand you had the present : you are no longer a ]n-isoner ; I acquit you of your ransom ; and you are at liberty to-morrow to dispose of yourself as you think proper." Nothing proves more eviaently the vast superiority assumed by the nobility and gentry above all the other orders of men during those ages, than the cxtremo difference which Edward made in his treatnnMit of these French knights, and that of the si.>L citizens of Calais, who had e.Kerted more signal bravery in a cause more justifiable and more honourable. CIIAPTEB XVI. EDWARD III. InstUmion of the Garter StAtc of France JlntOe nf Poicttcrs C«p- tivity of the King of France Slate of that Kin^'dom Invasion t.f France Peace of Urctiirni State nf France Kxpcdition intoCio- tile Itiiptiire with France 1 U Success of the English Dcatli of the Princoof Wales Death ami Character of the King Misvells- neous Transactions in this Heign. INSTITUTION OF THE GARTER. 1349. ''r'^HE prudent conduct and great success of Edward i in his foreign wars had excited a strong emula- tion and a military genius among the English nobility; and these turbulent barons, overawed by the ci'own, gave now a more useful direction to their ambition, and attached themselves to a prince who led them to the acquisition of riches and of glory. That he might further promote the spirit of emulation and obedience, the king instituted the onler of the Garter, in imita- tion of some orders of a like nature, religious as well as military, which had been established in different parts of Europe. Tlie number received into this order consisted of twenty-live persons, besides the sovereign ; and as it has never been enlarged, this badge of dis- tinction continues .as honourable as at its first institu- tion, and is still a valualile, though a cheap, present, which the prince can confer on his greatest subjects. A vulgar story jn'evails, but is not supported by any ancient authority, that, at a court-hall, Edward's mis- tress, commonly supposed to be the countess of Salis- bury, dropped her garter ; and the king taking it u]>, observed some of the courtiers to smile, as if tlu-y thoiight that he had not obtained this favour merely by accident : upon which he called out, Iloni soil qui iiial If pnisCj "Evil to him that evil thiuUs;'' and as everv incident of giillantry among those ancient warriors was raagniiied into a matter of great importance, [Sec note 2 A, at tlie end of this Vol.} he instituted the order of the G;vrter in memorial of this event, and .jj)]S)E OF (DALAES. ;.'^:":"r ■'"-Nnirafi Cn.M'. XVI EDWARD III. 1327—1377. '226 gnve these words as the motto of the orclcr. This orij^iii, tliough frivolous, is not unsuitable to the man- ners of the times ; aiul it is indeed dillicult by any otiier means to account, citlier for the seemiuijly un- meaning terms of tlie motto, or for the pccuUar badge of the garter, whicli seems to liave no reference to any iuir|)0se eitlierof mihtary use or ornament. But a sudden damp was thrown over this festivity and triumph of tlic court of Kngl.ind, by a destructive pestilence which invaded that kingdom, as well as the rest of ICurope ; and is computed to liavc swept away near a third of the inliabitants in every country which it attacked. It was proliably more fatal in great cities than in tlie country ; nwl above fifty thousand souls are said to luive perished by it in London alone.* Tliis mal.ali army, were somewhat dismayed with the pre- cipitate flight of their comjiauions. John hero made the utmost efforts to retrieve by his valour w hat his im- prudence had betrayed ; and the only resistance made that day wa.s by his line of battle. The prince of Wales fell with impetuosity on some German cavalry placed in the front, and commanded by the counts of Sallebruche, Nydo, and Nosto : a fii'lce battle ensued : one side were encouraged by the near prospect of so paiison of that moderation and liumauily displayed by a young prince of twenty-seven yea:-s of age, not yet cooled from the fury of battle, and elated by as extra oidiuaiy and as uncxiiected success as had ever crown- ed the arms of any commander. lie came foith to meet the captive king with all the marks of regard and sympathy; administered con;fort to him amidst his misfortunes; p:iid him the tribute of piaise due to his valour; and ascribed his own victory merely to the blind chance of war, or to a superior providence, wliich controls all the efforts of human force and prudence. 'J'he behaviour of John showed him not unworthy of this courteous ticalmcnt : his present abject fortune never made him forget a nmment that he was a king : more touched by ICdward's generosity than by his own calamities, he confessed, that notwithstanding his de- feat and caiitivity, his honour was still unimjiaiied ; and that if he yieldeil the victory, it was at least gained by a prince of such consummate valour and humanity. Kd ward ordered a repast to be prepared in his tent for the prisoner; and ho himself served at tiie roval captive's table, as if he had been one of his retiniie: he stood at the king's back during the meal ; con- stantly refused to take a place at table; and declared, that, being a subject, he was too well accpiainted with the distance between his own rank ami that of royal majesty, to assume such freedom. All his father's j.i e- tensious to the crown of Fiance were now buried in oblivion. John, in captivity, received the honours of a king, which were refused him when seated oil the thione: his misfortunes, nut his title, were re- spected; and the French prisoners, conquered by this elevation of mind, more than by their late discomfiture, burst into tears of admiration ; which were only checked by the reflection, that such genuine and unal great a victory : the other were stimulated by the tered heroism in an enemy, must certainly in the f)hame of quitting the field to an enemy so much iufe rior : but the three German generals, together with the duke of Athens, constable of France, falling iu bat- tle, that body of cavalry gave way, and left the king himself exposed to the whole fury of the enemy. The ranks were every moment thinned around him : the nobles fell by his side one after another; his son, scarce fourteen years of age, received a wound, while he was fightiug valiantly in defence of his father: the king himself, spent with fatigue, and overwhelmed by numbers, might easily have been slain; but every liiiglish gentleman, ambitious of taking alive the royal prisoner, spared him in the action, exhorted him to surrender, and oft'ered him quarter : several who attempted to seize him suffered for their temerity. lie still cried out, " i\'litre ii mt/cousiii, llie prince of JVales ?" and seemed unwilling to become prisoner to any per- son of inferior rank. Hut being tohl that the piince was at a dist.mceon the field, he threw down his gaunt- let, and yielded himself to Uennis de Slorbec, a knight of Arras, who had been obliged to fly his country for murder. His son was taken w ith him. The prince of ^^'ales, w ho had been carried away in pursuit of the flying enemy, linding the field entirely clear, had ordered a tent to be pitclied, and was reposing himself after the toils of battle; inipiiring still, with great anxiety, concerning the fate of the French monarch. He dispatched the earl of Warwick to bring him intel- ligence ; anilthat nobleman came happily in time to save the life of tlie captive prince, which was exposed to greater danger than it had been during the heat of the action. The English had taken him by violence from Morbec ; the Gascons claimed the honour of detaining the royal prisoner ; and some brutal soldiers, rather than yield the prize to their rivals, had threatened to put him to death. Warwick overawed both parties, and appioaching the king with great demonstrations of respect, offered to conduct him to the prince's tent. Here commences the real and tridy admirable hero- ism of Ed ward : for victories are vulgar things in com- ssue prove but the more dangerous to their native country. All the English and Gascon knights imitated the generous example set them by their prince. The cap- tives were everywhere treated with humanity, and were soon ai'ter dismissed, on l)aying moderate ran- soms to the persons into whose hands they had fallen. The extent of their fonunes was considered; and an attention was given, that they bhould still have suffi- cient means lelt to perform their military service in a manner suitable to their rank and qualitv. Vet so numerous were the noble prisoners, that these ransoms, added to the spoils gained in the field, Avere sufficient to enrich the prince's army ; and as they had suffered very little in the action, their joy and exultation were complete. 1357. The prince of Wales conducted his prisoner to Bouideaux ; and not being provided with forces so numerous as might enable him to push his present ad- vantages, he concluded a two years* truce with France, which was also become requisite, that he iniyht con- duct the captive king with safety into England, lie landed at bonthwark, (24th May.) and was met by a great concourse of people of all ranks and stations. The prisoner was clad iu royal ajqiarel, and mounted on a white steed, distinguished by its size and beautv, and by the richness of its furniture. The conqneior rode by his side in a mean attire, and carried by a black palfrey. In this situation, more glorious than all the ir.sulent parade of a Koman trininph, ho |ia.ssed tlirough the streets of London, ami presented the king of France to his father, who advanced to meet him, and received him with tlie same courtesy as if he had been a neighbouring potentate that had voluntarily come to pay him a friendly visit. It is impossible, in reflecting on this noble conduct, not to perceive the advantages which resulted from the otherwise whimsi- cal principles of chivalry, and which gave men. iu those rude times, some superiority even over jieople of a more cullivattd age and nation. The king of France, besides Vac ginerous treatment 226 THE HISTORY OF ENGLAND [CUAP. XVI. which he met wi h in Enf,'land, had the melancholy consolation of the wretched— to see companions lu affliction. The Uin- of Siots had been eleven years a captive in Edward's hands ; and the good fortune of this latter monarch had reduced at once the two neigh- bouring ]iotentates, with whom he was engaged in war, to be prisoners in his capital. But Kdward, finding that the conquest of Scotland was nowise advanced by the captivity of its sovereign, and that the government, conducted by Itobcrt Stuart, his nephew and heir, was still able to' defend itself, consented to restore David Urace to his liberty, for the ransom of 100,()00 marks Bterling ; and that prince delivered the sons of all his principal nobility as hostages for the payment. STx\.TE OF FRANCE. Vi:>S. Jlcanwhile, the capti\-ily of John, joined to the pre- ceding disorders of the French government, had pro- duced in that country a dissolution, almost total, of civil authority, and had occasioned confusions, the most horrible and destructive that had ever been experi- enced in any age or in any nation. The danphin, now about eighteen years of age, naturally assumed the royal power during his father's captivity ; but though endowed with an excellent capacity, even in such early years, he possessed neither experience nor authority sufficient to defend a state, assailed at once by foreign power and shaheu by intestine faction. In order to obtain a supply, he assembled the states of the king- dom : that assembly, instead of supporting his adminis- tration, were themselves seized with the spirit of con- fusion ; and laid hold of the present opportunity to lemand limitations of the prince's power, the punish- ment of past malversations, and the liberty of the king of Navarro. JIareel, provost of the merchants, and first magistrate of Paris, put himself at the head of the unruly populace ; and from the violence and temerity of his character, pushed them to commit the most criminal outrages against the royal authority. They detained the dauphin in a sort of captivity ; they nnir- dered in his presence Robert de Clermont and John de Conflans, nurresehals, the one of Normandy, the otl'.er of Burgundy ; they threatened all the other ministers with a like fate ; and when Charles, who was obliged to tem])orise and dissemble, made his escape from their hands, they levied w\ar against him, and openly erected the standard of rebellion. Tlie other cities of the kingdom, in imitation of the capital, shook off the dauphin's authority ; took the government into their own hands ; and spread the disorder into every province. The nobles, whose inclinations led them to adhere to the crown, and were naturally disposed to check these tumults, had lost all their influence ; and being reproached with cowardice, on account of the base desertion of their sovereign in the battle of Toic- tiei-s, were treated with universal contempt by the inferior orders. The troops, -vvho, from the dtticicncy of pay, were no longer retained in discipline, threw off all regard to their officers, sought the means of subsistence by jdunder and robbery, and associating to them all the disorderly people, with whom that age abounded, formed numerous bands, which infested all parts of the kingdom. They desolated the o]>en coun- try, burned and plundered the villages, and by cutting off all means of communication or subsistence, reduced even the inhabitants of the walled towns to the most extreme necessity. The peasants, formerly oj>i)rcssed and now left unprotected by their masters, became desperate from their present misery ; and rising every- where in arms, carried to the last extremity those disorders wliich weie derived from the sedition of the citizens and disbanded soldiers. The gentry, hated for their tyi'anny, wore everywhere exposed to the violence ef popular rage ; and instead of meeting with the regard due to their past dignity, became only, on that amount, the object of moie wanton insult to the muti- nous peasants. They were hunted lilce wild beasts. and put to the sword without mercy : their castles were consumed with fire and levelled to the ground • their wives and daughters were first ravished, then murdered : the savages proceeded so far :u> to impale some gentlemen, and roast them alive before a slow fire : a body of nine thousand of them broke into .Meux, where the wife of the dauphin, with above 300 ladies, had taken shelter ; the most brutal treatment and most atrocious cruelty were justly dreaded by this helpless company ; but the Captal de Bnche, though in the service of Kdward, yet moved by geneiosity and by the gallantry of a true knight, flew to their rescue and beat off the peasants with great slaughter. In other civil wars, the opposite factions, falhng under the government of their several leaders, commonly pre- serve still the vestige of some rule and order ; but here the wild state of nature seemed to be ri'uewed: every man w.as thrown loose and independent of his fellow s : and the populousness of the country, derived from the prveeding police of civil society, served only to increase the horror and confusion of the scene. Amidst these disorders, the king of Navarre made his escape from prison, and presented a dangerous leader to the furious malcontents. But the s]ilendid talents of this prince qualified him only to do mischief, and to increase the public distractions: he wanted the steadiness and prudence requisite for making his in- trigues subservient to his ambition, and forming his numerous partisans into a regular faction, lie revived his pretensions, somewhat obsolete, to the crown of France ; but while he advanced this claim, he relied entirely on his alliance with the lOnglisli, who were coucei'ned in interest to disappoint his pretensions ; and who, being jiublic and inveterate enemies to the state, served only, by the friendship which they seem- ingly bore liini, to render his cause the more odious. Ami in all his operations he acted more like a leader of banditti, than one who aspired to be the head of a regular government, and who was engaged by his station to endeavour the re-cstablishmcnt of order in the community. The eyes, therefore, of all the F'rench, who wished to restore peace to their miserable and desolated coun- try, were turned towards the dauphin ; and that young prince, though not remarkable for his military taler.ts, possessed so much prudence and spirit, that he daily gained the ascendant overall his enemies. Marcel, the seditious provost of I'aris, was slain while he was attempting to deliver the city to the king of Navarre and the English ; and the capital immediately returned to its duty. The most considerable bodies of the muti- nous peas.mts were dispersed and ]mt to the sword : some bands of military robbers underwent the same fate : and though many grievous disorders still re- mained, France began gradually to assume the face of a regular civil government, and to form some plan for its defence and security. During the confusion in the Dauphin's aftairs, Ed- ward seemed to have a favourable opportunity for p\isliinghis conquests: but besides that his hands were tied by the truce, and he could onl^ assist underhand the faction of Navarre, the state of the English finances and military power during those ages, rendered the kingdom iucajKible of making any regular or ste:idy effort, and obliged it to exert its force at veiy distant intervals, by which all the ])rojected ends were com- monly disapjjointed. Edward employed himself during a conjuncture so inviting, chiefly in negociations with his prisoner ; and John had the weakness to sign terms of peace, which, had they taken effect, must have totally ruined and dismembered his kingdom. lie agreed to restore all the provinces which had been possessed by Henry II. and his two sons, and to anne.x them for ever to England, without any obligation of homage or fealty on the part of the English monarch. But the dairphin and the states of France rejected this treaty, so dishunoiirable and pernicious to the kingdom ; and I'dward, on *.he expiration of the truce, having now by CtiAT. XVI. J EDWARD nr. 1327—1377. 2?i) subsidies and fi-ugality collected some treasure, pre- pared Iiiinsflffiir a new invasion of France. Tlie gri'at antlioiitv and renown of t!io liing and the prince <.f Wales, tlie splendid suecles. Edward then bent his march towards the Nivernois, which saved itself by a like composition : he laid waste Brie and the Gatinois ; and after a long march, very destructive to France, and somewhat ruin- ous to his own troops, he appeared before the gates of P.aris, and taking up his quarters at Bourg-la-Reine, extended his army to Longjunieau, Mont-rouge, and Vaugirard. He tried to i)rovoke the dauphin to hazard a battle, by sending him a defiance ; but could not make that prudent prince change his plan of opera- tions. Paris was safe from the danger of an assault by its numerous garrison ; from that of a blockade by its well-supplied magazines; and as Edward himself could not subsist his army in a country wasted by foreign and domestic enemies, and left also empty by the precau- tion of the dauphin, he was obliged to remove his quarters ; and he sjiread his troo]is into the jirovinces of Jfaine, Beausse, and the Chartraine, which were abandoned to the fury of their deva-stations. The only repose which France experienced, was during the festi- val of Easter, when the king stopped the course of his ravages. For superstition can sometimes restrain the rage of men, wliich neither justice nor humanity is able to control. While the war was carried on in this ruinous manner, the negociations for peace were never interrupted ; but as the king still insisted on the full execution of the treaty, which he had made with his ju-isoner at London, ar.d which was strenuously rejected by the dauphin, there appeared no likelihood of an accommodation. The carl, now duke, of Lancaster (for this title was intro- duced into England during the present reign) endea- voured to soften the rigour of those terms, and to fisiish (ic war on inoreciiual and reasonable condition.s. He insisted with Edward, that, notwithstanding liis great and surprising successes, the object of the war, if sadi were to be esteemed the acquisition of the crown of France, was not become any nearer than at the com- mencemcnt of it ; or rather was set at a greater dis tance by those very victories and advantages which seemed to lead to it. That his claim of succession hu4 not from the first procured him one partisan in the kingdom ; and the continuance of these destructive hostilities had united every Frenchman in the most implacable animosity against him. That though intes. tine faction had cre|it into the government of France, it was abating every moment ; and no party, even during the greatest heat of the contest, when subjec- tion under a foreign enemy usually apjicars preferable i to the dominion of fellow-citizens, had ever adopted the pretensions of the king (f Knglaud. That the king of Navarre himself, who alone was allied with the English, instead of being a cordial friend, was Edward's most dangerous rival, and, in the ojiinion of his parti- sans, possessed a much preferable title to the crown of France. That the prolongation of the war, however it might enrich the English soldiers, was ruinous to tho king himself, who bore all the ciiarges of the arma- ment, without reaping any solid or durable advanta"e from it. Tliat if the present disorders of France con tinued, that kingdom would soon be reduced to such a state of desolation, that it would afford no spoils to its ravagers ; if it could establish a moresteady govern- ment, it might turn the chance of war in its favour, and by its superior force and advantages be able to repel the present victors. That tho dauphin, even during his greatest distresses, had yet conducted himself with so much prudence, as to prevent the English from acquiring one foot of land in the lungdoni ; and it were better for the king to accept by a peace wliat he had in vain attempted to acquire by hostilities, which, how- ever hitherto successful, had been extremely expensive, and might j)rove very dangerous ; and that Edward having acquired so much glory by his arms, the praise of moderation was the only honour to which he could now aspire ; an honour so much the greater, as it was durable, was united with that of prudence, and might be attended with the most real advantages. PEACE OF BRETIGNI. May 8. These reasons induced Edward to accejit of more moderate terms of jieace ; and it is probable that, in order to palliate this change of resolution, he as- cribed it to a vow made during a dreadful tempest, which attacked his army on their maich, and which ancient liistorians represent as the cause of this sudden accomniod.ation. The conferences between the English and French commissioners were earned on during a few days at Brotigni, in the Chartraine, and the peace was at last conchuled on the following conditions. It was stipuBlted that king John should be restored to his liberty, aiul should pay as his ransom three millions of crowns of gold, about 1,.500,000 pounds of our present nioiu^y, [See note 2 B, nl the cud of this f'ol.,] which was to be discharged at diiferent payments: that Edwai'd should for ever renounce all claim to the crown of France, and to the provinces of Nonuandy, Maine, Tonraine, and Anjou, possessed by his ancestors ; and shoidd receive in exchange the provinces of Poicton, Xaintonge, I'Agenois, Perigort, the Limousin, Quercy, Rovergne, I'Angoumois, and other districts in that quarter, together with Calais, Guisncs, Montreuil, and the county of Ponthieu, on the other side of France : that the full sovereignty of all these provinces, as well as tnat of Guienne, shoidd be vested in the crown of England, and that France should renounce all title to feudal jm'isdiction, homage, or appeal tVom them : that the king of Navarre should be restored to all his pos- sessions: that Edward should renov.:ice his confederacy, with the Flemings, John his connexions with the Scots : tlnit tlis disputes concerning the Euccc.ssion of IJri- •2 !v) THE HISTORY OF ENGLAND. \Cv.\T. XVi tsmny, l.etwecn tlie families of Blois ami Moiintfort should be decicU'd by arbiters appointod by tlic two kin'"! ; and if the competitors vcfiiscd to submit to the a\va°rd^ the dispute should no longer be a ground of war between the Uingdoius ; and that forty hostages, such as should be agreed on, should bo seut to F.ngland as a security for the execution of all these conditions.* In consequence of this treaty, the king of France was brought over to Calais ; whither Edwanl also soon alter repaired : and there both princes solemnly ratified the treaty. (Kth July.) John was sent to Uoulogne ; the king accompanied him a mile on his journey ; and the two nionarchs parted, with many professions, pro- bably cordial and sincere, of mutual amity. The good disposition of John made him fully sensible of the ge- nerous treatment which he had received in England, and obliterated all memoiy of the ascendant gained over him by bis rival. There seldom has been a treaty of so great importance so faitlifuUy execute d by both p.irties. Edward had scarcely from the beginning en- tertained any hopes of acquiiing the crown of France : by restoring John to his liberty, and making peace at a juncture so favourable to his arms, he had now plainly renounced all pretensions of this nature : he had .sold at a very high price that chimerical claim : and had at jiresent no other interest than to retain those acquisitions which he had made with such singu- lar jirudenco and good fortune. John, on the other hand, though the terms were severe, possessed such fidelity and honour, that he was determined at all ha- zards to execute them, and to use every expedient for satisfying a monarch who had indeed been his greatest political enemy, but had treated him personally with singular humanity and regard. But notwithstanding his endeavours, there occurred many difficulties in ful- filling his pnrjiose ; chiefly from the extreme reluc- tance which many towns and vassals in the neighbom-- hood of Guienne expressed against submitting to the English dominion ; and John, in order to adjust these differences, took a resolution of coming over himself to England. [ISti.l.] His council endeavoured to dis- suade him from this rash design ; and probably would have been I'leased to see him emidoy more chicanes for eluding the execution of so disadvantageous a treaty : but John replied to them, that though good faith were banished from the rest of the earth, she ought still to retain her habitation in the breasts of princes. Some historians would detract from the merit of this honour- able conduct, by representing John as enamoured of an Englisli lady, to whom he was glad on this pretence to pay a visit : but besides that this surmise is not founded on any good authority, it appears somewhat unlikely, on account of the advanced age of that prince, who w.is now in his fifty-sixth year. He was lodged in the Savoy; [13G4 ;] the pal.ace where he had resided during his ea).livity, and where he soon .after sickened .and died, (flth April.) Nothing can be a stronger proof of the great dominion of fortune over men, than the calamities which pursued a mon.arch of such eminent valour, goodness, and honour, and which he incurred merely by reason of some slight impru- dences, which in othi>r situations would have been of no iuijiortance. But though both his reign and that of bis father jiroved extremely unfortunate to their king- dom, the I'rench crown acquired, during their time, very considerable acces.sions, those of Dauphiny and Burgundy. This latter province, however, John had the imjirudence again to dismember, by bestowing it on Phihp, his fourth son, the object of his most tender af- fections; a deed which wiis afterwards the source of many calamities to the kingdom. John was succeeded in the throne by Charles the • Tlie hostflgcs ivorc the two sniis nf the Freneh klnp, John nnd Louis, his btntMcr I'liirip, &role, which tliey did not lieep. Hymer. vol. VI. pp. l!7ll. i!85, -.'W- l>auphin, a prince educated in the school of adversity, and well qualified by his consummate prudence anij experience to rojiair all the losses which the kingdom had sustained from the errors of his two juedeceSsors. Contrary to the practice of all the great luinccs of of those times, which held nothing in estimation but military courage, he seems to have fixed it as a maxim never to ajtpear at the head of his armiis : and he was the first king in Kurope that showed the atlvantage of policy, foresight, and judgment, above a r,a.sh and precipitate valour. The events of bis reign, compared with those of the preceding, are a juoof how little reason kingdoms have to value themselves on their victories, or to be humbled by their defeats ; which in reality ought to be ascribed chiefly to the good or bad conduct of their rulers, and are of little moment to- wards determining national characters and manners, STATE OF FRANCE, Before Charles could think of counterbalancing so great a power as F.nglaud, it was necessary for him to remedy the many disorders to which his own kingdom was exposed. He turned his arms .against the king o*" Navarre, the great disturber of France during that age ; he defeated this prince by the conduct of Bcr- trand du Guesclin, a gentleman of Britanny, one of the most accomplished characters of the .age, whom he h.ad the discernment to choose as the instrument of all his victories, and he obliged his enemy to accept of moderate terms of peace. Du Guesclin was less for- tunate in the wars of Britanny, which still continued, notwithstanding the mediation of France and luigland: he was defeated and taken prisoner at Auray by Chan- dos: Charles of Blois w.as there slain, and the young countofMountfort soon after gotentireposscs.sion of that dutchy. But the prudence of Charles broke the force of this blow : he submitted to the decision of fortune: he acknowledged the title of Mountfort, though a zea- lous partisan of England; and received the proffered homage for his dominions. But the chief obstacle which the French king met with in the settlemint of the state inoceeded from obscure enemies, whom their crimes alone rendered eminent, and their miiuber dangerous. On the conclusion of the treaty of Bretigni, the many military adventurers who had followed the stand- ard of Edward, being dispersed into the several pro- vinces, and possessed of strongholds, refused to lay down their arms, or relinquish a course of life to which they were now accustomed, and by which alone they could g-ain a subsistence. They associated tliem.selves with the banditti, who were already inured to the h.abits of rapine and violence ; and under the name of the Companies and Companions, became a terror to all the ]ieaceable inhabitants. Some English and Gascon geutlemeu of character, particularly sir Mathew Gour- nay , sir 1 1 ugh Cal verley, the chevalier Verte, and others, were not ashamed to take the command of these ruf- fians, whose numbers amounted on the whole to near 40,000, and who bore the appearance of regular armies, rather than bands of robbers. These leaders fought pitched battles with the troops of France, and gained victories ; in one of which .Jaques de Bourbon, a prince of the blood, was slain : and they proceeded to such a height, that they wanted little but regular establish- ments to become princes, and thereby s;inctify, by the maxims of the world, their infamous profession. The greater mpoil they committed on the country, the more ea.sy they found it to recruit their number : all those who were reduced to misery and desjiair flocked to their standard : the evil was every day increasing : and though the pope declared them excommunicated, these military plunderers, liowever deejdy aftVcted nith the sentence, to which they paid a much greater regard than to any principles of inoralily, could n( t be in- duced by it to betake theirselvos to peaceable or law- ful professioiu. Chap. XVI.] EDWARD III. 1327-1-377 231 ISCC. As Charles was not al)lo by power to redress so pnomioiis a srievaiice, lie was led by necessity, and by tlic tnvn of bis ebaiaoler, to correct it by policy, and to contrive some nietbod of discliargini; into foreiijn countries tbis dangerous and intestine evil. Peter, Uinjjof Castile, stigmatised by bis contempo- raries and by posterity with the epitbet of Cruel, bad filled witb blood and murder bis kingdom and bis own family; and baving incurred tbc nniversal batred of bis subjects, be kept, from present terror alone, an anxious and precarious possession of tbe tbroue. His mbles fell everyday tbe victims of bis severity: be ])ut to deutb several of bis natural brotbers from groundless jealousy: cacb murder, by mnltijilying bis enemies, became the occasion of fresli barbarities : and as be was not destitute of talents, bis neigbbours, no less than bis own subjects, were alarmed at tliepro- (fress of bis violenci' ;iinl injustice. Tbc ferocity of bis temjier, instead of being poftencd by bis strong pro- pensity to love, wasratber inflamed by tbat passion, and took thence new occasion to exert itself. Instigated by Mary dc Padilla, who bad acquired tbe ascendant over liim, be threw into prison IJlancbe de Bourbon, liis wife, sister to the queen of France ; and soon Bfler made way by jioison for tbe espousing of bis mistress. Henry, count of Transtaniare, bis natural briitlior, seeing tbe fate of every one who bad become obnoxious to tbis tyrant, took arms against him ; but being foiled in the attempt, be sought for refuge in France, where lie found the minds of men extremely inflamed against Peter, on account of bis murder of tbe French princess. IIea.sked permis.sion uf Charles to enlist the companies in liisservice,and to lead them into Castile; where, from the concxuTcnce of his own friends, and tbe enemies of bis brother, be had theprospect of certain and immedi- ate success. Tbe French king, charmed with tbe pro- ject, eni]doyed du Guesclin in ncgociating with the leaders of tliesc banditti. The treaty was soon con- eluded. The bigli character of honour which tbat ge- neral pos.sessed made every one trust to bis promises : though the intended expedition was kept a secret, the Con'])anics implicitly enlisted under bis standard : and they requir< d no other condition before their engage- ment, than an assurance that they were not to be led against the ]irince of Wales in Guienne. But that ]ir!nce was so little averse to the entei'prise, tbat he allowed some gentlemen of his retinue to enter into t)iu service under du (iucsclin. Tin Guesclin, having comjileted bis levies, led the army first to Avignon, where the pO]>e then resided, and demanded, sword in band, an absolution for bis soldiers, and the sum of 20(l,l)(in livies. Tbe first was readily promised biin ; some more dillicu'ty was made with, regard to tbe second. " I believe that my fellows," replied du Cmesclin, " may make a shift to do without your absolution; but the money is .ibsolutely neces- sary." The jiope then extorted from tlie inhabitants ill the city and neighbouibood tbe sum of a hundred thousand livres, and oflVred it to du Guesclin. ** It is not my purpose," cried tbat generous warrior, " t(j op]ii"ess tbe innocent jieople. Tbe po])e and his cardi- nals themselves can well spare me tbat sum from their own cofiers. This money, I insist, must be restored to the owiieis. And should they be defrauded of it, I shall myself return from the other side of tbe Pyreii- nees, and oblige yon to make them restitution." 'J'lie pope found tbe necessity of submitting, and paid him from liis treasury the sum demanded. The anny, hallowed by tbe blessings, and enriched by the spoils of the church, proceeded on their expedition, EXPEDITION INTO CASTILE. 13G7. These experienced and hardy soldiers, conducti'd by BO able a general, easily jirevnil?4 over tlie king of Castile, wliose subjects, instead of sujijiorting lluir oppressor, were re.idy to join tbe enemv against liim. Peter fled from Ins dominions, (oolc sbelfei in Guienne, and craved the protection of ibe jirince of A\'ales, whom Ids father bad invested with the sove- reignly of these coiujuered provinces, by the title of tb.- princip.ality of Aquitaine. The prince seemed now to liave entirely changed his sentiments with regard to tbe Spanish transactions: whether that bo was moved by the generosity of sujiporting a distressed prince, and thought, as Is but too usual among sovereigns, that the rights of the people were a matter of much less consideration ; or dreaded the acquisition of so power- ful a confederate to France as the new king of Castile; or, what is most probable, was iniiiatient of rest and ease, and souglit only an oiiportunily for exerting his military talents, by which be bad already acquired so much renown, lie promised his assistance to tbe do- throned monarch, auJ having obtained the consent of bis father, he levied a great anny, and set out upon bis cnterjiiise. He was acconqianicd by bis younger brother, John of Gaunt, created duke of Lancaster, in the room of the good prince of tbat name, who bad died without any male issue, and whoso daughter he had espoused. Cbandos also, who bore among the English the same character which du Guesclin bad ac- quired among the French, commanded under him in tbis expedition. The first blow which the jirinco of Wales gave to Henry of Transtaniare, was the recalling of all the Companies from bis .service ; and so much reverence did they bear to the name of Edward, that great numbers cf them immediately withdrew from .Spain, and enlisted under bis banners. Henry, however, beloved by his new subjects, and supported by the king of Arragon and others of his nciglibours, was able to meet the enemy with an army of 100,000 men ; forces three times more numerous than those which were com- manded by F.dward. Du Guesclin, and all his expe- rienced officers, advised him to delay any decisive ac- tion, to cut oft' the prince of Wales's provisions, and to avoid every engagement with a general whose enter- prises bad hitherto been alw.iys conducted with prudence and crowned with success. Henry trusted too much to bis numbers; and ventured to encounter the F.nglisb prince at Kajara. (3d April.) Historians of that ago are commonly very copious in describing tbe shock of armies in battb', the valour of the combatants, the slaughter and various successes of the day : but though small rencounters in those times were often well dis- puted, military discipline was always too imperfect to preserve order in great armies; and such actions de- serve more the name of routs than of battles. Henry was chased ofi' the field, with tbe loss of above 20,000 men : there perished only four knights and forty pri- vate men on the side of the English. Peter, who so well merited the infamous epithet which bo bore, proposed to murder all bis |irisoners in cold blood ; but was restrained from this barbarity by the remonstrances of the prince of Wales. All Castile now submitteil to tbe victor : Peter was restored to llio throne, and Edward finished tbis perilous enterprise with bis nsu.al glory. But be bad soon reason to repent bis connexions with a ni.an like Peter, abandoned to all sense of virtue and honour. The ungrateful tyrant refused the sti]tiilated pay to tbe I'^nglisb forces ; and Edward, finding his soldiers daily perish by sickness, and even bis own health impaired by the climate, was obliged, without receiving any satisfaction ou thishe.ad, to return into Guienne. The baibarities exercised by Peter over bis heljiless subjects, whom be now regarded as vanquished rebels, revived .all the animosity of tbeCastiliansag.-iinst him ; :iiiil. on the return of Henry of T'ranslamare, together with du Guesclin, and some forces levied anew in France, the tyr.ant was again dethroned, and was taken prisoner. His iirotber, in resentment t>f his ciuelties, murdered bim with bis own hand ; and was placed on tbe throne of Castile, which he transniitled to his pos- terity. The duke of Lancaster, who cipoused in so- 232 TIIK HISTORV OF ENGLAND. [Cr.xv. XVI coud marriage llie eldest dauglitcr of Peter, inliciited only the empty lUle of that soveiei.:,'iity, and by claim- ing tlie succession, incre:ised the aiiiinosily of the new king of Castile agaiust Knglaud. nUPTURE WITH FR.VXCE. 13G8. But the prejudice which the alV.iirs of prince Edward received from this siileiuiid, tliougli imprudent expe- dition, ended not witli it. lie had involved himself in so much debt, by his preparations and the pay of his troops, that he found it necessary, on his return, to impose on his principality a new tax, to which some of the nobility consented with extreme reluctance, and to wliich others absolutely refused to submit.* This incident revived the animosity whicli the inhabitants bore to the English, and which all the amiable qualities of the prince of Wales were not able to mitigate or assuage. They complained that they were considered as a conquered people, that their privileges were dis- regarded, that all trust was given to the English alone, that every otKce of honour and profit was conferred on these foreigners, and that the extreme reluctance which most of them had expressed to receive the new yoke, was likely to be long remembered against them. They cast, therefore, their eyes towards their ancient sovereign, whose prudence they found had now brought the affairs of his kingdom into excellent order ; and the counts of Armagnac, Commingo, and Perigord, the lord d'AIbret, with other nobles, went to Paris, and were encouraged to carry their complaints to Charles, as to their lord paramount, against these op- pressions of the English government. lu the treaty of Bretigni it had been stipulated that the two kings should m.ike renunciations, Edn-.ard of his claim to the crown of Fr.ance, and to the provinces of Normandy, Maine, and Anjou ; John of the hom.age and fealty due for Guienne, and the other provinces ceded to the English. Biit when that treaty was con- firmed and renewed at Calais, it was found necessary, as Edward was not yet in possession of all the territo- ries, that the mntnal renunciations should for some time be deferred ; and it was .agreed that the parties meanwhile should m.ake no use of their respective cl.aims against c.wh other. Though the failure in ex- changing these renunciations had still proceeded from France, Edward appears to have taken no umbrage at it; botli because this clause seemed to give Iiim entire security, and because some reasonable apology had probably been made to him for eacli delay. It was, however, on tliis pretence, though directly contrary to treaty, that Charles resolved to ground his claim, of still considering himself as superior lord of those provinces, and of receiving the appeals of his sub- vassals. 13G9. But as views of jiolicy, more than those of justice, enter into the deliberations of princes ; and .as the mortal injuries received from the English, the pride of their triumphs, the severe terms imposed by the treaty of peace, seemed to i-ender every prudent means of revenge honourable against them, Chailes was determined to tivko this measure, less by tljo "reasonings of his civili.ins and lawyers than by the present situation of the two monarchies. He consi- dered the declining years of Edward, the Languishing state of tlie prince of Wales's health, the affection which the inhabitants of all these provinces bore to their ancient master, thuir distance from England, their vicinity to France, the extreme animosity ex- pressed by his own subjects against these invaders, and " TKis tax was a livre iipn r. liranli : and it was tm^ned that t!ie im- r-ositii'ii would have yielded l,2ihl,lliNl livres a year, which supposes s » m.it.y beartlis in the pmviucts iwssessed by the Kntilisli. lUit such lixise ttnijec- raies have commonly no manner of authority, much less m such ignorant tunes. There is a stro-ig insr.ince of it iu the present reign. The house ol cotninons ttranted tlie kin^ a tax of t.veniy-two sliillinKs on each Jiarish, Bupposin;? that the amount of the whole ^vnuld he oJI.IMKi pounds, llvit thty were found to be ill a mistake of near five to one. I'oiton, p. .1. .And the Cbuncit assumed the ptjucr of augmenting the tax upon each parish. their ardent thirst of vengeance ; and Ii.aving silently nnule all the necessary preparations, he sent to tli^ prince of Wales a summons tt) appc.ir in his court at Paris, and there to justify his conduct towards his vassals. The prince replied, that he would come to Paris ; but it should be at the head of sixty tliousaiid men. The unwarlike character of Charles kept prince Edward, even yet, from thinking that that monarch w.as in earnest iu this bold and hazardous attemjit. ILL SUCCESS OF THE ENGLISH. 1370. It soon appeared wliata poor return the king had received by his distant conquests, for all the blood and treasure expended in the quarrel, and how impossible it was to retain acquisitions, in an age when no regular force could be maintained sufficient to defend them against the revolt of the inhabitants, especially if that danger was joined with the invasion of a foreign enemy. Charles fell first upon Ponthien, which g.ave the English an inlet into the heart of France : the citi- zens of Abbeville opened their gates to him : those of St. Valori. Rue, and Crotoy, imitated the example, and the whole country was in a little time reduced to submission. The dukes of ISei ri and Anjou, brothers to Charles, being .assisted by dn Guesclin, who w.as recalled fi'om Spain, invaded the southern provinces ; and by means of tlieir good conduct, the favourable disjiositionsof the people, and the ardour of the French nobility, they made every day considerable progress against the English. The state of the prince of Wales's health did not permit him to mount on horseback, or exert his usual activity : Chandos, the constable of Guienne, was slain in one action : theCaptalde Buche, who succeeded him in that office, w.as taken prisoner in another; and when young Edward himself was obliged by his increasing infirmities to throw up the command, and return to his native country, the aff.iirg of the English in the south of France seemed to be menaced with total ruin. The king, incensed at these injuries, threatened to put to death all the French hostages who remained iu his hands; but on reflection abstained from that nu- generous revenge. After i-osuming, by advice of par- liament, the vain title of king of France, he endea- voured to send succours into Gascony ; but all his attempts both by sea and Land proved unsuccessful. The earl of Pembroke was intercepted at sea, and t.aken prisoner, with his whole army, near Rochelle, by a fleet which the king of Castile had fitted out for that purpose : Edward himself enibar!;ed for Bourdeau.x wiih another army ; but was so long detained by con- trary winds, that he was obliged to lay aside the enter- prise. Sir Robert ICnolIes. at the head of 30,000 men, marched out of Calais, and continued his ravages to the gates of Paris, without being able to provoke the enemy to an engagentent ; he proceeded in bis marcli to the i)rovinces of Jlaine .and Anjou, which he laid w,aste ; but part of bis army being there defeated by the conduct of du Guesclin, wdio was yow created con- stable of France, and wlio sesms to have been the first consummate general that had yet appeared in Euiope, the rest were scattered .and dispersed, and the small remains of the English forces, instead of reaching Gui- enne, took shelter in Britanny, whose sovereign bad embr.aced the alliance of England. The duke of Lan- c;ister, some time after, made a like attempt with an army of 25,000 men ; and marched the whole length of Franco from Calais to Bourdcaux ; but was so much harassed by the flying parties which attended him, that he brought not the half of his army to the place of their destination. Edward, from the necessity of his affairs, w,as at last obliged to conclude a truce with the enemy, after almost all his ancient possessions in Fr.ance had been ravished from him, except Bourdeaux and Bayonne, and all his conquests, except Calais. The decline of the king's life was exposed" to many mortifications ai':l corresponded net to the splendid CnAP. XV 1] i:nwARD III. i;i-.'7-i37 23:5 and noisy scenes wli'uli had filled the besinnliig and the middle of it. Besides seeing tiie loss of his foreign dominions, and being baffled in every attempt to de- Zend them, he felt the decay of his authority at home, and experienced, from the sharpness of some parlia- mentary remonstrances, the great inconstancy of the people, and the inHnence of present fortune over all their judgments. This prince, who, during the vigour of Ids .age, had been chiefly occupied in the pursuits of war and ambition, beg.an, at an nnse.asouable period, to indulge himself in pleasure ; and being now a wi- dower, he attached himself to a lady of sense and spirit, one Alice Pierce, who acquired a great ascendant over him, and by her influence gave such general disgust, that, in order to satisfy the parliament, he was obliged to remove her from court. The indolence also, natu- rally attending old age and infirmities, had made luui, in a great measure, resii^n the administration into the hands of his son, the duUe of Lancaster, who, as he was fur from being popidar, weakened extremely the afl'ec- tion which the English bore to the person and govern- ment of the king. Men canied their jealousies very fur against the duke; and as they saw, with much regret, the death of the prince of Wales every day a|>proaching, they apprehended, lest the succession of his son Richard, noiv a minor, should he defeated by the intrigues of Lancaster, and by the weak indul- gence of the old king. But Edward, in order to satisfy both the people and the prince on this liead, declared in p;ii*liament bis grandson heir and successor to the crown ; and thereby cut oft' all the hopes of the didie of L-mcaster, if he ever had the temerity to entertain any. DEATH OF TUE PRINCE OF WALES. 137C. The prince of Wales, after a lingering illness, died (8th June) in the forty-sixth year of his age ; and left a character illustrious for every eminent virtue, and from his earliest youth till the hour he expired, )in- itained by any Idemish. llis valour and military talents formed the smallest part of his merit, his generosity, humanity, aft'ability, moderation, gained liim the aflx'clions of all men; ami he was qualified to throw a lustre, not only on that rude age in which he lived, and which nowise infected him with its vices, but ou the most shining period of ancient or modern history DEATH AND CHARACTER OF THE KING. 1377. The king survived about a year this nielanclioly in- cident: England was deprived at once of both these princes, its chief ornament and supjiort ; he expired (21st June) in the sixty-fifth year of his age, and the fifty-first of his reign; and the people were then sensi- ble, tliough too late, of the irreparable loss which the} had sustained. The En;;lish are apt to consider with peculiar fond- ness the history of Edward 111., and to esteem bis reign, as it w.as one of the longest, the most glorious also, that occurs in the annals of their nation. The .ascendant which they then began to acquire over France, their rival and supposed national enemy, makes them cist their eyes on this period with great compla- cency, and sanctifies every measure which Edward embraced for that end. But the domestic government of this prince is really more admirable than his foreign victories; and England enjoyed, by the prudence and vigour of his administration, a longer interval of do- mestic peace and tranquillity than she had been blest with in any former period, or than she experienced for many .ages after, lie gained the afl'ections of the great, yet curbed their licentiousness : be made them feel his power, without their daring, or even being inc'.ined, to murmur at it; his affable and obliging behaviour, his munificence and generosity, made them submit with pleasure to his dominion; his valour and conduct ma damage to the people. The parliament tried to abolish this prerogative alto- gether, by prohibiting any one from taking goods without the consent of the owners, and by changing the heinous name of. pttrveyors, as they term it, into that of Ijiit/crs ; but the arbitrary conduct of Edward still brought back the grievance upon them ; though con- trary both to the Great Charter and to many statutes, 'i'his disorder was in a great measure derived from the state of the public finances and of the kingdom ; and could therefore the less admit of remedy. The jirinco frequently wanted ready money; yet his family must be subsisted ; he was therefore obliged to employ force and violence for that purpose, and to give tallies, at what 7"ate be pleased, to the owners of the goods which he laid hold of. The kingdom also abounded so little in commodities, and the inteiior communication was so imperfect, that, had the owners been strictly ]iro- tected by law, they could easily have exacted any price from the king; especially in his frequent progresses when he came to distant and poor places, where the court did not usually reside, and where a regular plan for supplying it could not be easily established. Not only tlie king, bnt several great lords, insisted upon this light of purveyance. The maguificent castle of Windsor was built by Ed- ward III.; and his method of conducting the work may serve as a specimen of the condition of the peo- ple in that age. Instead of engaging workmen by contracts and wages, he assessed every county in Eng- land to scud him a certain number of masons, tilers, and carjientcrs, as if he had been levying an army. They mistake, indeed, very much the genius of this reign, who imagine that it was not extremely arbi- trary. All the high prerogatives of the crown were to the full exerted in it ; but, what gave some consola- tion, and prouiised in time some relief to the jicojde, they were always complained of by the coiumons : such as the dispensing power; the extension of the forests; erecting monojiolies ; exacting loans; stop- liing justice by i)artieular warrants ; the renewal of the commission of trallhalon ; pressing nien and ships into the juiblic service ; levying arbitrary and exor- bitant fines; extending the authority of tlie privy-cimn- cil or star-chamber to the decision of private causes ; enlarging the poweV of the mareschals and other arbi- trary courts; im]n'isoning members for freedom of speech in parliament; obliging people, without any rule, to send recruits of men-at-arms, archers, and hoblers to the army. Itut there was no act of arbitrarypower more fre- quently repeated in this reign than that of imposing taxes without consent of pailiament. 'J'hougli that assembly granted the kiug greater supplies than had ever been obtained by any of his luedecessors, his great undertakings, and the necessity of his afl'airs, obliged him to levy still more ; and after his sjilendid success ag.ainst Fr.ance had added weight to his aii- thoiity, these arbitrary impositions became ain.ost annual and perpetual. Cotton's Abridgement of the liecords afi'oids numerous instances of this kind in the first year of his reign, in the thirteenth year, in the fourteenth, in the twentieth, in the twenty-first, iu the twenty-second, in the twenty-fifth, in the thirty- eighth, in the fiftieth, and iu the fifty-first. The king openly avowed and maintained this power of levying taxes at pleasure. At one time, he replied * They nsscvt in tlic IStll of Iliis rcign, that there liwl liren S'jfh instJuicfH Cotuta'i Aliiidg. p. 31, They ic]te«t the same in tlic 2l8t ycai. See }i, W. CuAP. XVI,] EDWARD III. 1327-1377 235 to tlie lemoiistiance niaJe liy tlie cninmons against it, tliat tlic ini|iosilioii3 had boon exacted from great nccf'ssity, and liiid bet-n assented to Ijy the jirelati'S, earls, laroiis, and some of tlie coninioiis;' at anotlier, that lie wouUl advise with liis council. When the parliament desired that a law might he enacted for the punishment of siicii as levied these arbitrary im- positions, lie refused toiiipliance. In the subsequent year they desired tliat the kiii;^ might renounce this pretended picrogative ; but his answer was, that he would levy no ta.xes without necessity, for the del'ence of the realm, and where he rca.sonably miyht nse that authority. This incident passed a few days before his death ; and those were, in a manner, his last words to his people. It would seem that the famous charter or statute of ]\dward I., de ta/la^io lion concede ndo, though never repealed, was supposed to have already lost by age all its authority. These facts can only show the practice of the times; for as to the rir/hl, the continual remousl ranees of the commons may be seen to ]irove that it rather lay on their side : at least these rcinonslrances sorveil to pi'C- vent the arbitrary practices of the court from boconi- iiig an established jiart of the constitution. In so much a better condition were the privileges of the people, even during the arbitrary reign of Edward III., than during some subsequent ones, particularly those of the Tiidors, where no tyranny or abuse of power ever met with any check or opposition, or so much as a vemonstrance, from parliannnt. In this reign ive find, according to the ."sentiments of an ingenious and learned authoi-, the first strongly marked, and probably contested, distinction belv/een a proclamation by the king and his privy-council, and a law which had received the assent of the lords and commons. It is easy to imagine that a prince of so much sense and spirit .IS I'Mward, would be no slave to the court of Home. Thongli the old tribute was paid during Eome years of his minority, be afterwards withlield it ; and when the pope, in 13(J7, threatened to cite him to the court of Uoine for defiiilt of payment, he laid tlie matter before his ]iarliameiit. That assembly nnani- niiiusly declared, that king John could not, without a national consent, subject his kingdom to a foreign power: and that they were therefore determinod to support their sovereign against this unjust preten- sion. During this reign the statute of provisors was en- acted, rendering it penal to procure any presentations to benefices from the court of Home, and securing the rights of all patrons and elector.s, which had been ex- tremely encroached on by the pope. By a subsequent statute, every person was outlawed who carried any cause by appeal to the court of Home. The l.aity at this time seem to have been extremely prejudiced against the papal power, and even some- what against their own clergy, because of their con- nexions with the Homan pontiff. The parliament pre- teinled that the usurpations of the pojie were the cause of all the pl.agiies, injuries, famine, and poverty of the realm; were more destructive to it than all the wars; and were the reason why it contained not a tliiid of the inhabitants and commodities which it formerly possessed : that the taxes levied by him exceeded five times those which were paid to the king; that evry- thing was venal in that sinful city of Home; and that even the patrons in England had thence learned to practise simony without shame or remorse. At an- other time they petition the king to employ no chiirch- nian in any office of state ; and they even speak in plain terms of expelling by force the papal authority, and thereby providing a remedy against oppressions, which tlicy neither could nor would any longer endure. Men who talked in this strain were not far from the reforma- tion; but Edward did not think proper to second all this •Cotton, p. .1.1. tl< repoftts tnc same answer in p. (30. Sonic 0/ Oie a.m- noili were such u h« .atiotild be pleased to consult with. zeal : tliongh lie passed the statute of provisors, ho took little care of its execution ; and the parliament made frequent com|ilaiiits of his negligence on this head, lie w.as content with having reduced Mich of the Honiish ecclesiastics as ]Kissessed reveiiue.'s in Eng- land, to depend entirely upon him by means of that statute. As to the police of the kingdom during this period, it was certainly better than during times of faction, civil war, and disorder, to which England was so often exposeil: yet were there several vices in the constitu- tion, the bad consequences of which all the power and vigilance of the king could not prevent. The barons, by their confederacies with those of their own order, and by siqiporting and defending their retainers in every iniipiity, were the chief abettors of robbers, miir- derei.s, and ruffians of all kinds; and no law could be executed against those criiiiinals. 'J'he nobility were brought to give their promise in parliament, that they ^\ollld not a\ow, retain, or support, any felon orbreaker of the law ; yet this engagement, which we may won- der to see exacted from men of their rank, was neve'' regarded by them. The commons made continual coinph'.ints of the multitude of robberies, murdeis ra|i(>s, and other disorders, which, they say, were be- come numberless in every part of the kingdom, and which they always ascribe to the protection that the criminals receive from the great. The king of Cyprus, who paid a visit to England in this reign, was robbed and stripped on the highway, with his « hole retinue. Edward himself contributed to this di.ssoUition of law, by his facility in granting pardons to felons from the solicitation of the courtiers. Laws were made to re- trench his prerogative, and remonstrances of the com- mons were presented against the abuse of it : but to no purpose. The gratifying of a powerful nobleman continued still to be of more importance than the pro- tection of the people. The king also granted many franchises, which inteiriipted the course of justice and the execution of the laws. Commerce and inilnstry were certainly at a very low ebb during this period. The bad police of the country alone affords a sufficient reason. The only exjiorls were wool, skins, hides, leather, butter, tin, lead, and such unmanufactured goods, of which wool was by far the most considerable. Knyghton has asserted, that IOO,nOO sacks of wool were annually exported, and sold at twenty pounds a sack, niiuiey of that age. Hut he is widely mistaken, both in the i]iiaiility ex- porled and in the value. In 1341). the ]iarliament re- monstrate tliat the king, by an ilhgal imposition of forty shillings on each sack exported, had levied (>(I,0(IO pounds a year ; which reduces the annual exports to 30,000 .sacks. A sack contained twenty-six stone, and each stone fourteen pounds; and at a medium was not v.alued at .above five pounds a sack, that is, fourteen or fifteen pounds of otir present money. Knyghton's com]iiitation raises it to sixty pounds, which is near four times the present price of wool in I'.ngland. Ac- cording to this reduced compulation, the export of wool brought into the kingdom about 4.'iO,000 jioiinds of our piesent money, instead of six millions, which is an extravagant sum. Even the former sum is so high as to .afl'ord a suspicion of some mistake in the computation of the parliament with regard to the num- ber of sacks exported. Such mistakes were very usual in those ages. Edward endeavoured to introduce and promote the woollen manufacture, by giving ])rolection and en- couragement to foreign weavcr.s, and by enacting a law which prohibited every one from wealing any cloth but of iuiglish fabric. The parliament proliibited the exportation of woollen goods, which was not so well judged, especially -while the exportation of un- wrought wool was so much allowed and encouraged. A like injudicious law was made against the exporta- tion of manufactured iron. It appears from a record in the cxcliequer, that in £3G Tlir, IIISTOlll' OF kxcland fCuAr. XVI. Wr>l the exports of Kn;rlaiul ainoiinlod to 2!)-l,184 pounds sevonteon shilliiii:s aiul twojK-ncc : the im- ports to :ill.!l70 jiouiuls tlirce sliilliiij,'S aiuI sixi)cncp, money of tliat time. 'I'liis is a j^reat Iialanee, con- sulerin;; tliat it arose wliolly from tlie exportation of raw wool and otlier ro\ij,'li materials. The import was chiefly linen and fine oloth, and some wine. ]'nj;land seems to Iiave been extremely drained at this time by Edward's foreign expeditions and foreij^n subsidies, whieli jirohably was the reason wliy the exports so mneh exceeded the imports. The first toll we read of in Kn^Iand for mending the highways was imposed in this reijrn : it was that for repairing the road between St. Giles's and Temple- bar. In the first of Richard 11. the parliament complain extremel.v of the decay of shipping during the prece- ding reign, and assert, that one seaport formerly con- tained more vessels than there were then to be found in the whole kingdom. This calamity tbe.y ascribe to tlie arbitrary seizure of shins by Edward for the ser- vice of his fi'cquent exjieditions. Tite jiarlianient in the fifth of Richard renew tlie same complaint ; and we likewise find it made in the forty-sixth of Kdward III. So false is the common opinion, that this reign was favourable to commei'ce ! There is an order of this king, directed to the mayor and sheriffs of London, to take np all sliips of forty tons and upwards, to be converted into ships of war. The parliament attempted the impracticable scheme of reducing the price of Iabo\ir after the pestilence, and also that of poultry. A reaper, in the first week of August, w.is not allowed above twopence per day, •ir near sixpence of our present money ; in the second week a third more. A master carpenter was limited through the whole ye.ar to threepence a day, a com- mon carpenter to twopence, money of that age. It is remarkable that, in the same reign, the pay of a com- mon soldier, an archer, w.as sixpence a day ; which by tlif change both in the denomination and value, would be equivalent to near five shillings of our present money.* Soldiers were then enlisted only for a short time: they lived idle .all the rest of the year, and com- monly all tlie rest of their lives : one successful cam- paign, by pay and plunder, and the ransom of prison- ers, was supposed to be a small fortune to a man ; which was a great allurement to enter into tlu; ser- vice.t The staple of wool, wool fells, leather, and lead, vas fixed by act of p.irliament in particular towns of Kng- laud. Afterwards it was removed bylaw to Calais; but Edward, who commonly deemed his prerogative above law, paid little regard to these statutes; and when the parliament remonstrated with him on ac- count of those acts of power, be plainly told them that he would proceed in that matter as he thought proper It is not easy to assign the reason of tliis great auxiely for fixing a staple ; unless, perhaps, it invited forei;;n- ers to a market, when they knew beforeb.and tliat they sho\dd there meet with great choice of any par- ticular species of commodity. This policy of inviting foreigners to Calais was carried so far, that all English merchants were probiliited by law from exporting any English goo],(lr)l men : yet its pay for sixteen montlis was only l*27.-tll pounds. Brady, iliid. t Coinniotlitics seem to have risen since the C'onTiievt. Instead of beiuf,' ten times cheaper than at present, they were, in tlie age of Edwari MI,, oidy three ur four times. This chanpe seems to have taken place in a great nu-asure allK-e t:dwftril I. The allowance pranted by Edward III. to the earl of Mur- ray, then a prisoner in Nottinph.im castle, is one pound a week : whercts the bbhopof St. Andrew's, the priuutc of Scotland, had only si\i»eiice a day :Ulov.-vd tiiui I)-/ Eilvanl I, Baltic; noi till the middle of the subsequent, tliatthey sailed to the Mediierranean. Luxury was complained of in that age, as well aa i;i others of more refinement; and attempts were mtulo by iiarliament to restrain it, particularly on the head of ajiparel, where surely it is the most obviously inno- cent and inoft'cnsive. No man under a hundred a ye.ar was allowed to wcargold. silver, or silk in li;s clothes : servants .also were prohibited from eating ilesli meat or fish .above once i d.av. Ry another law i' vas or- d.ained, tluit no one should h" allowed either loi dinner or sn]iper, above thiee tlishe.s in. e.ich foarse, and not above two courses : and it is like" ir;e expressly de clared that sousiU meat is to count .as one of these dishes. It w.as easy to foresee that sueli ridiculoiu laws must prove ineffectual, and coidd jiever be exe- cuted. The use of the French jangn.age in p'eadings and public deeds was abolished. It may appear strange that the nation should so long have worn this badge of conquest : but the king and nobility seem never to have become thoroughly English, or to have forgotten their French extraction, till Edward's wars with France gave them an antipathy to that nation. Yet still it w.as long before the use of the English tongue came into fashion. The first English paper which we meet with in Rymer is in the ve.ar l.'tiiO, during the reign of Richard II.* There areSp..nish p.apeir, in that collection of more ancient date : and (lie use of the Latin and French still continued. We m.ay judge of the ignorance of this age in geo- graphy, from a story told by Robert of Avesbury. Pope Clement VI. having, m 1344, created Linus of Spain prince of the Furtunate Islands, meaning the Canaries, then newly discovered; the English am- bassador at Rome and his retinue were seized with an alarm that Louis bad been created king of England; and they immcdialely hurried home, in order to con- vey this important intelligence. Vet such was the ardour for study at this time, that Speed, in bis Chronicle, informs us there were then 30,000 stu- dents in the university of O.xfurd .alone. AVhat was the occupation of all these young men ? To learn veiy bad Latin, and still worse logic. In l:iG4 the commons petitioned, that in considera- tion of the preceding pestilence, such persons as po.s- sessed manors, holding of the king in chief, and had let diflerent leases without obtaining licences, might con tinue to e.xercise the s.ame power, till the country were become more populous. 'I'lie commons were sensible that this security of possession was a good means for rendering the kingdom prosperous and flouiishing; yet durst not apply all at once for a greater relaxation of their chains. There is not a reign among those of the ancient English monarcbs which deserves more to be studied than that of Edward III., nor one where the dtmiestic transactions will better discover the true genius of that kind of mixed government which was then established in England. The struggles with regayd to the validity and authority of the Great Charter were now over; the king was acknowledged to lie xmder some limita- tions; Edward himself was a prince of great cajiacity, not governed by favourites, not led astray by any un- ruly passion, sensible that nothing could be more es- sential to his interests than to keep on ,;ood terms with his people; yet, on the whole, it appears that the goveiii- ment at best was only a barb.arous monarchy, not regu- lated by any fixed maxims, or bounded by any certain undisputed rights, which in practice were regularly observed. The king conducted hinii-elf by one set of princijiles ; the barons by another ; the commons by a third ; the clergy by a fourth. All these systems of government were opposite and incompatible ; each of thein prevailed in its turn, as incidents weie favourable to it ; a groat prince rendered the mon.archical power • Ityincr. v.d. vii. p. ^26, This paper, hy the srj-lc, seems to liavt! !>'?» drawn" by the Scou, and WAS s.uKd by the \ca:dcns of the nii.ichcs only. Chap. XVI I.] RICHARD II. 1377—1390. y;); picdominnnl ; tlie wc.ikiioss of a liinp; pave reins to tlie aristocracy ; a suporstitioiis uluidcr of the IJuke of (ilouccsttr HRnishmtnt of Hcnrj-, Duke ot H' rrfnrd Helurn of Henry (Jeneral Icsuneclion Deposition blo and intrepid countenance, he asked tliem, "What is the meaning of this disorder, my good people ? are ye angry that ye have lost your leader i I am your king : 1 will be your leader ! " The jjopulaee, overawed hy his presence, implicitly followed him: lie led them into the fields, to prevent any disorder which might have arisen by their continuing in the city : being there joined by .Sir Robert KnoUes, and a body of well-armed veteran soldier.s, who had been secretly drawn together, he strictly prohibited that ofHeer from falling on the rioters, and committing an undistin- guished slaughter upon them ; and he peaceably dis- missed them with the same charters which had been granted to their fellows. Soon after, the nobility and gentry, hearing of the king's danger, in winch they were all involved, flocked to London with their adhe- rents and retainers ; and Richard took the field at the head of an army 40,000 strong. It then behoved all the rebels to submit : the charters of enfranchisement and pardon were revoked by parliament : the low people were reduced to the same slavish condition as before ; and several of the ringleaders were severely punished for the late disorders. Some were even sxecuti'd without process or form of law.* It was pretended that the intentions of the mutineers had been to seize the king's person, to carry him through England at their head, to murder all the nobility, gentry, and lawyers, and even all the bishops and priests, exci'pt the mendicant friars ; to dispatch after- wards the king himself; and having thus reduced all to a level, to order the kingdom at their pleasure. It is not impossible but many of them, in the delirium of their first sncces.s, might have formed such projects : but of all the evils ineiilent to human society, the insur- rection of the populace, when not raised and su]ij)Orted by persons of higher quality, are the least to he dreaded : the mischiefs consequent to an abolition of all rank and distinction become so great, that they are immediately felt, and soon bring affairs back to their former order and arrangement. A youth of sixteen, (which was at this time the king's age,) who had discovered so much courage, presence of mind, and address, and had so dexterously eluded the violence of this tumult, raised great expectations in the nation ; and it was natural to hope, that he w ould, in the course of his life, equal the glories which h.ad 80 uniformly attended his father and his grandfather * 5 HU'h. 11. caip. ult u quoted in the Obsen-ations on ancient Statutes, C sta. in all their undertakings. But in proportion as Richard advanced in years, these hopes vanished; and his want of capacity, at h^ast of solid judgment, appeared in every enlciprise which he attempted 131io. The Scots, sen?>ilde of their own deficiency in cavalry, had a|iplied to the regency of Charles VI.; and John de \'ienne, admiral of I'lance, had been sent over with a body of I.">00 men-at-arms, to support them in their incursions against the Knglish. The danger was now deemed by the king's uncles somewhat teritnis; and a numi'rous army of U0,()00 men was levied; ami they marciied into Scotland, with Richard himself at their head. 'J'he Scots did not pretend to niuki^ resistance against so great a force : they abandoned without scruple tlieir country to be jiillaged and destroyed by the enemy: and when de Vieiine ex|M(ssed his snr- jirise at this plan of operations, they told him, that all their cattle was driven into the forests and fastnesses; that their houses and otiiei' goods were of small value ; and that they well knew how to compeiLsate any losses which they might sustain in tluit resjiect, by making an incursion into England. Accoidiugly, when Richard entered Scotland hy licjivick and the east coast, the Scots, to tiie number of ;10,000 men, attended by the French, entered the borders of lOiigland hy the west, and carrying their ravages through Cumberland, West- moreland, and Lancashire, collected a rich booty, and then returned in tranquillity to their own country. Richard meanwhile .advanced towards Kdinbuigh, and destroyed in his wa\ all the towns and vilhigeson each side of him : he reduced that city to a.shes : lie treated in the same manner, Perth, Duuclee, and other places in the low countries; but when he w;is advised to march towards the west coast, to await there the re- turn of the enemy, and to take revenge on them for tlieir devastations, his impatience to return to F.ng- land, and enjoy his usual pleasures and aninscnieiits, outweighed every consideration; and he led hack his army, without elfecting anything by all these miglity preparations. The Scots, soon after, finding the heavy bodies of French cavalry very useless in that desultory kind of war to which they confined themselves, treated tlicii- allies so ill, that the French returned home, much di.sgusted witli the country, and with the manners of its inhabitants. And the English, though they re- gretted the indolence aud levity of their king, saw themselves for the future secured against any danger- ous invasion from that quarter. 13f>6. I5ut it was so material an interest of the French court to wrest the seaport towns from the hands of their enemy, that they resolved to attenqit it by some other expedient, and found no means so likely a.s an invasion of England itself. They collected a great fleet and army at Sluise ; for the Flemings were now in alliance with them : all the nobility of France were engaged iu this enterprise: the English were kept in alarm: great preparations were made lor the reception of the invaders : and though the dispersion of the I'rench ships hy a storm, aud the taking of many of them by the English, before the emharkution of the troops, freed the kingdom from the present danger, the king and council were fully sensihie that this peril- ous situation might every moment return upon them. 'I'here were two circumstances, chiefly, which en- gaged the I'rench at this time to think of such at- tempts. The one was the absence of the duke of Lancaster, who had carried into Spain the fiower of the English military force, in prosecution of bis vain claim to 'he crown of Castile; an enterprise in which, after some promising success, he was finally disap- pointed : the other was, the violent dissensions and disorders wliich had taken place in the Knglish govern- ment. The subjection in which Richard was lield by his uncles, particularly "oy the duke of Gloucester, a prince of amhition and genius, though it was not unsuitable to his years and slender capacity", was extremely dis- agreeable to his violent temper; and he soon attempted 240 THE HISTORY OF ENGLAND. [Cn,ip. XYU to shake oflF tlie yoke imposed upon liiiii. RoLeitJe Verp. earl of Oxtord, a young man of a noble family, of an agreeable figure, but of dissolute manners, bad acquired an entiri> ascendant over bim, and governed him with an absolute autliority. Tlie king set so little bounds to his affection, that be first created las fa- vourite marquis of Dublin, a title before unknown in England, tlieu duke of Ireland ; and transferred to him by patent, wbicli was eonfirmt^d in parliament, the entire sovereignty for life of tint island. He gave him In marriage bis cousin-german, tbe daughter of Ingel- ram de Couci, earl of Bedford ; but, soon after he per- mitted bim to repudiate tliat lady, tliough of an unex- ceptionable character, and to marry a foreignei', a ISoliemian, witli whom be bad become enamoured. These public declarations of attacbmeut turned tbe attention of tbe whole court towards tbe minion : all favours passed through bis bands : access to the king could only be obtained by his mediation : and Kiebard seemed to take no pleasure in royal autliority, but so far as it enabled bim to load witb favours and titles and dignities this object of his affections. DISCONTENT OF THE BARONS. Tbe jealousy of power immediately produced an ani- mosity between tbe minion and bis creatures on the one band, and the princes of tbe blood and chief nobi- lity on the otlier; and tbe usual complaints against tbe insolence of favourites were loudly eclioed, and greedily received, in every part of the Vingduni. Moubray, earl of Nottingham, the niarescbal, Fitz-Alan, earl of Arundel, Piercy, carl of Northumberland, Montacute, earl of Salisbury, Ceanchamp, earl of Warwick, were all connected with each other, and wilb the princes, by friendship or alliance, and still more by their com- mon antipathy to those who had eclipsed them in the king's favour and confidence. No longer kept in awe by the personal cliaracter of the prince, they scorned to submit to bis ministers; and tbe method which they took to j-ediess tbe grievances complained of, well suited tbe violence of tbe age, and proves tbe despei'ate extremities to which every opposition wa.s sure to be instantly carried. Jlicbael de la Pole, tbe present clvincellor, .and lately created earl of Suffolk, w.as tbe son of an emi- nent mercb.ant : but had risen by his abilities and va- lour during the wars of Edward III., bad .acquired the friendship of that monarcli, and was esteemed the per- son of greatest experience and capacity .among those wlio were attachcil to the duke of Ireland and the king's secret council. Tbe duke of Gloucester, who liad the house of commons at his devotion, impelled them to exercise tliat power, which they seem first to have assumed against lord Latimer during the de- clining years of the late king ; and an impeachment against tbe chancellor was carried up by them to the liouse of peers, which was no less at bis devotion. Tbe king foresaw tlie tempest preparing .against him and his ministers. After attempting in vain to rouse the Londoners to his defence, he withdrew from parlia- ment, and retii-ed witb liis court to Eltham. The par- liament sent .a deputation, inviting bim to return, and threatening, that, if he persisted in absenting himself, they would inimodiately dissolve, and leave tbe nation, though at tliat time in imminent danger of a rrench invasion, without .any support or supply for its defence. At the same time a member was encour.aged to call for the record containing the parliamentary deposition of Edward IL; a plain intimation of fhe fate which liichard, if be continued refractory, had reason to ex- pect from them. The king, finding himself unable to resist, was content to ftipulate, that, except finishing t!ie present impeachment .against Suffolk, no attack should be made upon any otlier of bis ministers; .and on that condition he i-eturncd to ijaillameut. [See tiole 2 1), at the end of this Fo/.J Nothing can prove more fully the innocence of Suffolk, than the frivolousuess of the crimes which his enemies, in the present plenitude of their power, thought proper to object against blin. It was alleged, that being chancellor, and obliged by his oath to con- sult tbe king's profit, be had purchased lands of the crown below their true value; that he had cxclianged with the king a perpetual annuity of 4IJ0 marks a year, which he inherited from bis father, and which was .as- signed upon the customs of tlie port of Hull, for lands of an equal income ; that having obtained for bis son tbe priory of St. Anthony, wliich was formerly pos- sessed by a Frenchinan, an enemy, and a schismatic, and a new prior being at tbe same time named by tbe jiope, he bad refused to admit this person, whose title was not legal, till he mai'.e a composition with bis son, and agreed to p.ay him a hundred pounds a year from the income of the benefice ; that be bad purdiased, from one Tydemau of Limborch, an old and forfeited annuity of fifty pounds a year upon the crown, and had engaged the king to admit that b.ad debt ; and that, when created Earl of Suffolk, he had obtained a grant of 500 pounds a year, to support the dignity of tliat title.* Even the proof of these articles, frivolous as they are, was found very deficient upon the trial : it ajipearcd that Suffolk had made no purchase from the crown while he w.as chancellor, and that all his bar gains of that kind were made before he was advanced to that dignity. It is almost needless to add, that he w.as condemned, notwithstanding his defence ; and that he was deprived of his office. Gloucester and his associates observed their stipu- lation with the king, and attacked no more of his mi- nisters: but they immediately attacked himself and his royal dignity, and framed a commission after the model of those which bad been attemjited almost in every reign since that of Richard I., and which had .always been attended with extreme confusion. By this commission, whicli was ratified by parliament, a council of fourteen persons was ajipointed, all of Glou- cester's faction, except Nevil, archbishop cf York : the sovereign jiower was transferred to these nun for a twelvemonth; the king, who had now reached the twenty-first ye.ar of his age, w.as in reality dethroned : the aristocracy was rendered supreme : and though the term of the commission was limited, it was easy to foresee that the intentions of the party were to render it perpetual, and th.at power would with great difficulty be wrested from those grasping hands to which it was once committed. Richard, however, was obliged to submit: he signed the commission, which violence had extorted fiom liim; be took an oath never to infringe It; and though at the end of the session be pvLlichj entered a protest, that tbe prerogatives of the cro\vn, notwithstanding his late concession, should still be deeined entire and unimpaired, the new commis- sioners, without legarding this declaration, proceeded to the exercise of their authority. CIVIL COMMOTIONS. 1387. Tlie king, thus dispossessed of royal power, was soon sensible of the contempt into wliich be was fallen. His f.ivourltcs and ministers, who were as yet allowed to icuiain about his person, failed not to .aggravate the injury, which, without any demerit on liis part, bad iiirii olured to li'iii. And his eager lenijier was of it- self sufficiently inclined to seek the means, both of re- covering his authority, and of revenging himself on those who had invaded it. As tbe bouse of commons appeared now of weight in the constitution, he se- cretly tried some expedients for procuiing a favour.able election : be sounded some of the slicrift's, who being at that time both the returning officers and niagls- • It is probable that the earl of SiifTolk was not rich, r.or (vMe to supjorT ihc dis'iity M'ilhout the liount) of the crown j for his father, Michml Uc l.-| I'ole, though a ^rcut nierchaot, had htcii rumed I7 iendirg money tn the laic i(in^'. SeeCo'ion, [1. 11(4. \Vc may reniatlt tlmt the dukes of Glou. c.'.vtcr .iiid York , t!ioof,'h vastly rich, iccti\cd at the sfune time each of tlieul .1 tlioosjiod pounds a year, to iiipport theij digt.iey. Itynicr, vul. vii. j). 401. Cotton, V- 31U. 5to a 1=1 Ca^7. XVII.] RICHARD II. 1377—1399. 241 ti-atos of great powci- In the couuties, had naturally coniidcrablo iiiHucnco in elections.* But as most of tlu'm lind been iijiiiointeil by bis uncles-, either (luring his minority, or during the course of Ibe present com- niission, he loiuul tbeni, in geneial, averse to bis enter- prise. Tlie sentiments and inclinations of tlie judges •were more favourable to him. lie met, at Nottingham, sir Uobert Trcsilian, chief-justice of tlie King's Bench, sir Uobert I'lUcnappe, chief-justice of the Common Pleas, sir John Gary, cliief-liaron of the Exchequer, Holt, Fulthorpe, and Bouig, inferior justices, and Locliton, serjeant-at-law ; and bo proposed to tliem some queries; which these lawyers, either from the inHuence of his authority or of reason, made no scrujile of answering in the way ho desired. They de- rlared tiuit tlie late commission was derogatory to tlic royalty and prerogative of the Icing ; that tlioso who procurcil it, or advised the king to consent to it, were punisbahle with death ; that those who necessilated and compelled him were guilty of treason ; that those were equally criminal who should persevere in main- taining it ; that the king has the riglit of dissolving parliaments at pleasure ; that the parliament, while it sits, must first proceed upon the king's business ; and that this assembly cannot, without his consent, inipeacb any of his ministers and judges. Even according to our present strict maxims with regard to law and the royal prerogative, all these determinations, except the two last, appear justifiable ; and .as the great privileges of the commons, particularly that of impeachment, were hitherto new, and supported by few precedents, there want not plausiljle reasons to justify these opinions of the judges.t They signed therefore their .answer to the king's queries before the archbishops of York and Dublin, the bishops of Durham, Chichester, and Cangor, the duke of Ireland, the carl of Suffolk, .ind two other counsellors of inferior quality. Tlie duke of Gloucester and bis adherents soon got intelli^'euce of this secret consultation, and w ere na- turally very much alarmed at it. They saw the king's intentions ; and they determined to prevent the execu- tion of them. As soon as he came to London, which they knew was well disposed to their party, tliey se- cretly assembled their forces, iind appeared in arras at Ilaringay-paric, near Iligbgate, with a power which Richard and his ministers were not able to resist. They sent him a message by the archbishop of Canter- bury, .and the lords Level, Cob!i.am,and Devereu.x, and demanded tliat the persons who had sed\iced him by their pernicious counsel, and were traitors both to biin and to the kingdom, should be delivered up to them. A few days after they ajjpeared in his presence, armed and attended with armed followers; and they accused, by name, the archbishop of York, the duke of Ireland, the earl of Suffolk, sir Robert Tresilian, and sir Ni- cholas Brembre, as public and dangerous enemies to the state. They threw down their gauntlets before the king, and fiercely o.'fercd to maintain the truth of their cluirge by duel. The persons .accused, and all the other obnoxious ministers, h.ad withdrawn or had con- cealed themselves. The duke of Ireland fled to Cheshire, and levied some forces, with which he advanced to relieve the king from tlie violence of the nobles. Gloucester en- countered him in Oxfordshire with much superior forces ; routed him, dispersed his followers, and obliged ■ In the preamble to 5 Henry IV. c. vii., it is implied, tliM llie sheriffs in .1 manner Appitintcd the members of tiie house of commons not cnly in this (X'lriijxmer.t, but in manv others. t The tftihament, in IJ4I, e\aeted of ICdv.ard III. that on the third day r'f every session, the kinif should resume all tlie Rre«t offices; and that the luinisteis should then answer to any accusation that should be broucht rtKainst them ; which plainly implies that while ministers, they could not he a«'u«;d or impe.ached in parliament, tienry IV. told the commons, that the us.\[,'e of parliflmeDt reiuircd them lirst to go through the kind's business in Kninting STipplj.s; which order the kin^' intended not to alrer. Tarl. His:. vol.M. p.liri. Upon the whole it must be allowed that, neccrdiofi to antient pratfice at.d priocMiIes, there arc, at Kast, plausible grounds for all these oumions of the judges. It must he reniarhed, that this aifirmation of Henry IV. was given deliberately, after consulting; the liouse of peers, who were much better acquainu-d with the usage of parliament than the igno- iTirt euinnmns. .\nd it has the grca'er authority, becauie Henrv IV, had WAiie tills verv principle a cni siderable Article of charge ag.iinst his pioile- rissor: and that a vvry few years before, So ill grcunded were mo&C of the llrpu-..'.ii.-ns thn:!wn o»i ;li . utjiappy Kichard ! Vol.. 1. him to fly into the Low Countries, w here ho died iu exile a few years after. The lords then appeared at London (.'ird February, 1388) withan army of forty thou- sand mi n ; and having obliged the king to summon a liarliament, which was cniirely at tin ir devotion, they had full power, by observing a few legal forms, to take vengeance on all iheir enemies. Five great peers, men whose combined power w.as able at any time to shake the throne — the duke of (tlouccster, the king's uncle ; the earl of Derby, sou of the duke of Lancaster ; tho earl of Arundel ; the earl of Warwick; and the e.arl of Nottingham, marcsch.al of England — entered before tho parliament an accu.saliou or appeal, .as it was called, against the five eonusellors whom they had already ac- cused before the king. The parliament, who ought to have been judges, were not ashamed to imiiose an oath on all their members, by which they bound themselves to live and die with tho lords appellants, and to de- fend them against all opposition with their lives and fortunes. The other proceedings were well suited to tho vio- lence and iniquity of the times. A ch.arge, consisting of thirty-nine articles, was delivered in by the .npiiel- lants ; and as none of the accused counsellors except sir Nicholas Brembre was in custody, the rest were cited to .appear ; and, upon their absenting themselves, the house of peers, after a very short interval, with- out hearing a witness, without examining a fact, or deliberating on one point of law, declared them guilty of high-treason. Sir Nicholas Brembre, who was pro- duced in court, had the appearance, and but the appear- ance, of a trial : t!ie peers, though they were not by law his proper judges, pronounced iu a very summary manner sentence of death upon him ; and he was exe- cuted, together with sir Robert Tresilian, who bad been discovered and taken in the interval. It would be tedious to recite the whole charge deli- vered iu against the five counsellors ; which is to be met with in several colloction.s. It is suflScient to oh. serve, itj gener.al, that if we reason upon the supposi- tion, which is the true one, that the royal prerogative was invaded by the commission extorted liy the duke of Gloucester and I'.is associates, and that the king's person was afterwards detained in custody by rebels, many of the articles will appear, not only (o imply no crime in the duke of Ireland and the ministers, but to ascribe to them actions which were laudable, and which they were bound by their allegiance to perform. The few articles impeaching the conduct of these mi- nisters before that commission, which subverted the constitution, and annihilated .all justice and legal autho- rity, are vague and general ; such as their engrossing the king's favour, keeping his barons at a distance from liim, obtaining unreasonable grants for themselves or their creatures, and dissipating the public treasure by useless expenses. No violence is objected to them ; no particular illegal act ; [See nole 2 E, al Ihe end of this Vol. ;] no breach of any statute ; and their administra- tion may therefore be concluded to have been so far innocent and iuofiensive. All the disorder;) indeed^ seem to have proceeded, not from any violation of the , laws, or any ministerial tyr.anny, but merely from a' rivalship of power, which the duke of Gloucester anil the great nobility, agreeably to the genius of tho times, carried to the utmost extremity ag.ainst their opponents, without any regard to reason, justice, or humanity. But these were not the only deeds of violence com- mitted during the triumph of the party. All the other judges, who had signed the extra-judicial opinions at Nottingham, were condemned to death, and were, as a grace or favour, banished to Ireland ; tliouoli they pleaded ihe fear of their lives, and the menaces of the kinir's ministers as their excuse. Lord Beauchamp of Holt, sir James Berners, and Jolin Salisbury were also tried and condemned for high-treason, merely because they had attempted to defeat tho lat« com- mission : but the life of tlie latter was spared. Tho ai 242 THE HISTORY OF ENGLAND. [Chap. XYII. fate cf sir Simon Builey was more severe. Tliis gentle- man was much beloved for his personal merit, had dis- tinguished himsolt' liy many honourable actions,* was created knight of the garter, and had been appointed governor to Kicliard, by the choice of the late king and of the lllack I'rince; he had attended his master from the earliest infancy of that prince, and had ever re- mained extremely attached to him : yet all these con- tiderations could uot save him from falling a victim to Gloucester's vengeance. This execution, U'ore than all the others, made a deep impression on the mind of Itichard : his queen too (for he was already married to the sister of the emperor AVinceslaus, king of Bohe- mia) interested herself in behalf of Burley : she re- mained three hours on her knees before the didvo of Gloucester, pleading for that gentleman's life; but though she was become extremely popular hy her ami- able qualities, which had acquired her the ajipellatiou of the good queen Aim, her petition was sternly rejected by the inexorable tyrant. Tl;e parliament concluded this violent scene, by a declaration that none of the articles decided on these trials to bo treason, should ever afterwards be drawn into precedent by the judges, who were still to consi- der the statute of the twenty-fifth of Edward as the rule of their decisions. The house of lords seem not, at that time, to have known or acknowledged tlie principle, that they themselves were bound, in their judicial capacity, to follow the rules which they, in conjunction with the king and commons, had estab- lished in their legislative. iScc note 2 F, at the end of this Vol.^ It was also enacted, that every one should swear to t!ie perpetual maintenance and support of the for- feitures and attainders, and of all the other acts passed during this parliament. The archbishop of Canlerbury added the penalty of excommunication, as a further security to tliese violent transactions. 1389. It might naturally be expected, that the king, being reduced to such slavery hy the combination of the princes and chief nobility, and having appeared 60 unable to defend his servants from the cruel effects of their resentment, would long remain in subjection to them ; and never would recover the royal power, without the most violent struggles .ind convulsions : but the event proved contrary. In less than a twelve- month, Richard, who was in his twenty-third year, declared in council, that, as he had now attained the full age which entitled him to govern by his own au- thority his kingdom and household, he resolved to exercise his light of sovereignty ; and when no one ventured to contradict so reasonable an intention, he deprived Fitz-Alan, archbishop of Canterbury, of the dignity of chancellor, and bestowed that high ofiico on William of W'ickham, bishop of AVinchestcr; the iishop of Hereford was displaced from the office of treasurer, the earl of Arundel from that of Admlr-tl; even the duke of Gloucester and the earl of Warwick were removed for a time from tlie council : and no opposition was made to these great changes. The his- tory of this reign is imperfect, and little to be depended on; except where it is supported by public records: and it is not easy for us to assign the reason of this un- expected event. Perhaps some secret animosities, naturally to be expected in that situation, had creeped in among the great men, and had enabled the king to recover his authority. Perhaps the violence of their former proceedings had lost them the affections of the people, who soon repent of any cruel extremities to which they are carried by their leaders. However this may be, Richard exercised with moderation the authority which he had resumed. He seemed to bo entirely reconciled to his uncles and the other great men, of whom he had so mnch reason to complain: he never attempted to rccal from banishment the duke • At least this >• -.he character eiccn of him bv Froissard, liv. ii. iiho kr.cw hitii liersoi.allj-. W.-llsiii(;. p. .TH, gives .1 vtry ililTerciit chaiactcr of him ; Init hn u ,1 wntrr somewhm passioiiaieaml imrtlal ; and the clioicc marlc of this ffenc.eram l)y Edivard III. and the illacli I'rince for the education of lUciaKi, iitAkM the characu-i given hiin by I'rofesard nuicn m'lr.! proUblu I of Ireland, whom lu^ found so obnoxious to thenij he confirmed, by proclamation, tlicgencral pardon which the parliament had passed for all offences : and he court- ed the affections of the people, by voluntarily remiltin" some subsidies which had been granted him ; a i cmark- able and almost singular instance of sucli generosity. After this composure of domestic differences, and this restoration of the government to its natuial state, there passes an interval of eight years, which affords not many rcmarl;able events. The duke of Lancaster returned from Spain ; having resigned to his rival all pretensions to the crown of Castile upon payment of a Large sum of money, and having married his daughter Pliilippa, to the king of Portugal. The aufliority of this prince served to counterbalance that of tlie duke of Gloucester, and secured the power of Kichard, who paid great court to his eldest iHicle, by whom he had never been offended, and ^vhom he found more mode- rate in his temper tliau the younger. He made a cession to him for life of the dutchy of Guienne, which the inclinations and changeable humour of the Gas- cons had restored to the English government; hut as they remonstrated loudly against this deed, it was finally, witli the duke's consent, revoked by Bichard. Tlieie happened an incident, wliich produced a disscn- tion between Lancaster and his two brothers. After the death of the Spanish princess, he espoused Catha- rine Swineford, daughter of a private kuiglit of Hain- .ault, by whose alliance York and Gloucester thought the dignity of their family much injured : but the king gratified his uncle, by pa-sing in parliament a charter of legitimation to the children whom that lady had borne him before marriage, and by creating the eldest earl of Somerset. The wars, meanwhile, which Richard had inherited with his crown, still continued ; though inteirupted by frequent truces, according to the practice of that age, and conducted with little vigour, by reason of tlie wealcncss of all parties. The Fiench war was scarcely heard of; tlie tranquillity of the northern borders was only interrupted by one inroad of the Scots, wliich pro- ceeded more from a rivalsliip between the two martial families of Piercy and Douglas, than from any national quarrel: a fierce battle or skirmish was fought at Otterboriie, in which young Piercy, sirn.amed Hotspur, from his impetuous valour, was taken prisoner, and Douglas slain ; and the victory remained undecided. Some insurrections of the Irish obliged the king to make an expedition into that country, which he reduced to obedience ; and he recovered, in some degree, by this enterprise, his character, of coui'age, wliich had suffpred a little by the inactivity of his reign. At last [1300] the English and French courts began to think in earnest of a la^^ting peace ; but found it so difficult to adjust their opposite pretensions, that they were content to establish a truce of twenty-five years : Brest and Cherbourg were restored, the former to the duke of Britanny, the latter to the king of Navarre; both parties wore left in possession of all the other places which they held at the time of concluding the truce; and to render the amity between the two crowns more durable, Richard, who was now a widower, was affi- anced to Isabella, the daughter of Charles. This prin- cess was only seven years of age ; but the king agreed to so unequal a match, chiefly that he niiglit fortify himself by this alliance against the enterprises of his uncles, and the incurable turbulence .as well as incon- stancy of his barons. Tlie administration of the king, though it was not, in this interv.il, sullied by any unpopular act, except the seizing of the charter of London, which was soon after restored, tended not much to corroborate his authority; and his personal character brought him into contempt, even while his public government appeared, in a good measure, unexceptionable. Indolent, profuse, addicted to low pleasures, he spent bis whole time in feasting' and jollity, and dissipated, in idle show, or in bounties to favourites of no reputation that revenue which tlis Cha?. XVII.] RICHARD II. 1377—1399. 243 ponpio expected to see liim employ iu enteipriscs directed to public Iiououi' and advantage. He for- got Ids rank by admitting all men to his familiarity; and ho was not sensible, that their acquaintance wiili tlie qualities of his mind was not aide to impres.s them with the respect which ho neglected to preserve from his birth and station. The earls of Kent and Hunting- don, his half-brothers, were his chief confidants and favourites; and though he never devoted himself to them witli so profuse an aftection as that with which he had formerly been attached to the duke of Ireland; it was easy for men to see, that every grace passed through their hands, and that the king had rendered himself a mere ciplier iu the government. The small regard wliich the public bore to his person, disposed them to murmur against his administration, and to receive, with greedy ears, every complaint which the discontented or ambitious grandees suggested to them. CADALS OF THE DUKE OF GLOUCESTER. 1337. Gloucester soon perceived the advantages which this dissolute conduct gave liim ; and finding, that both re- sentment and jealousy on the part of his nephew still jirevcnted luui from acquiring any ascendant over that ])rince, he determined to cultivate his pojiularity witli the nation, and to revenge himself on those who eclipsed him iu favour and authority. He seldom ap- peared at court or in council : he never declared his opinion but in order to disapprove of the measures embraced by the king and his favourites; and he courted the friendship of every man, whom disap- pointment or private resentment had rendered an enemy to the administration. The long truce with France was unpopular with the English, who breathed notliing but war against that hostile nation ; and Glou- cester took care to encourage all the vulgar prejudices which prevailed on this subject. Forgetting the mis- fortunes which attended the English arms during the later years of Edward, he made an invidious compari- son between the glories of that reign and the inactivity of the pi-esent, and he lamented tiiat Richard should have degenerated so much from the heroic virtues by which his father .and his gi'andfather were distinguish- ed. The militaiy men were inflamed with a desire of war, when thoy heard him talk of the signal victories formerly obtained, and of the easy prey which might be made of French riches by the superior valour of the English : the populace readily embraced the same sen- timents : and all men exclaimed tliat this prince, whose counsels were so much neglected, was the true support of English honour, and alone able to raise the nation to its former power and splendour. His great abilities, his pojiular manners, his princely extraction, his im- mense riches, his high office of constable, all tliesc ad- vantages, not a little assisted by his want of court favour, gave him a mighty authority iu the king- dom, aud rendered him formidable to Richard and his ministers. Froissard, a contemporary writer, and very impartial, but whose credit is somewluit impaired by his want of exactness iu material facts, ascribes to the duke of Gloucester more desperate views, and such as were totally incompatible with the government and domestic tranquillity of the nation. According to that historian, lie propoSi^'d to his nephew, Roger SIortiuuT, earl of ilarche, whom Richard had declared his successor, to give him immediate possession of the throne, by the dejiosition of a prince so unworthy of power and au- thority: and when Mortimer declined the project, he resolved to make a partition of the kingdom between liimself, his two brothers, and the earl of Aruudel; and entirely to dispossess Richard of the crown. The king, it is said, being informed of these designs, saw that either his own ruin or that of Gloucester was in- evitable ; aud he resolved, by a hasty blow, to prevent ihe e.xccution of such destructive projects. This is certain, that Gloucester, by his own confession, had often affected to speak contemjituously of the kin^'a jierson and government; had deliberated concerning the lawfulness of throwing oft" allegiance to him; and had even borne part in a secret couference,where his de- position was proposed, and talked of, and determined:* but it is reasonable to think, that his schemes were not so far advanced as to make him resolve on putting them immediately in execution. The danger, proba- bly, was still too distant to render a desperate remedy entirely necessary for the secuiity of government. But whatever opinion we m;iy form of the danger arising from Gloucester's conspiracies, his aversion to the Ereuch truce and alliance was public aud avowed; and that court, which had now a great influence over the king, jmshed hun to provide for his safety, by punishing the traitorous designs of his uncle. The resentment against his former acts of violence revived : the sense of his refractory and uueompliant behaviour was still recent ; aud a man, whose ambition had once usurjied royal authority, and wliohad murdered all tlio faithful servants of the king, was thought capable, on a favourable opportunity, of renewing the same crimi- nal enterprises. The king's precipitate temper admit- ted of no deliberation : he ordered Gloucester to be unexpectedly aiTested ; to be hurried ou board a ship which was lying in tlio river ; aud to be carried over to Calais, where alone, by reason of his numeious par- tisans, he could safely bo detained in custody. The earls of Arundel aud Warwick were seized at llu; same time; the malcontents, so suddenly deprived of their leadeis, were astonished aud overawed : and the con- currence of the dukes of Lancaster and York in those measures, together with the earls of Derby aud Rut- land, the eldest sons of these princes, bereaved them of all possibility of resistance. A parliament was immediately summoned at West- minster; (17th September ;) and tlie king doubted not to find the peers, and stdl mure the cummons, very conijdiant witli his will. This house had in a former ijarliameut given him very sensible proofs of their attachment ; [See note 2 G, al the cud of this Vol. ;] and the present suppression of Gloucester's party made him still mure assured of a favourable election. As a further expedient for that purpose, he is also said to have employed the iufiueuce of tlic sherifl's ; a prac- tice wliich, tliough not unusual, gave umbrage, but which the established authority of that assembly ren- dered afterwards still more familiar to the nation. Accordingly the parliament passed whatever acts the king was pleased to dictate to themit they annulled for ever the commission which usurped upon the royal authority, and they declared it treasonable to attempt, in any future period, the revival of any similar com- mission ; they abrogated all the acts which attainted the king's ministers, aud which that parliament who passed tliem, and the whole nation, had sworn invio- lably to maintain ; and they declared the general par- don then granted to be invalid, as extorted by force, and never ratified by the free consent of the king. Though Richard, after he resumed the government, and lay no longer under constraint, had voluntarily, by proclamation, confirmed that general indemnity, this cireumstauco seemed not, iu their eyes, to merit any consideration. Even a particular pardon, granted six years after to the earl of Arundel, was annulled by parliament, on pretence that it had been procured by surprise, and that the king was not then fidly ai)prized of the degree of guilt incurred by that noble- man. The commons then preferred an impeachment against Fitz-Alan, archbishop of Canterbury, and brother to • That lliU confession was genuine, and obtained «-il(ioiit nolence, may bL- entirely dejicndi-d un. Judge Iticiiliill, vvlio brou;;li( it over fn^m C'&lau, was tried oil tlirtt account, and acquitt^-d in the first p.iiliftintiit of lleniy IV. »-licn (ibjui ester's parly was prevalent, tlis actiiiiital. notwitliitAndinf liis innorence, may even appear marvellous, considering tlie times. See Cot* Mn. p. xa. t The nobles bnuirht numerous rela:i:cis o-illi t'lem to fns'C them lecun-y, ! as we are told by Walsin^baot, p. :ja4. Tbe kit:£ .^tul uiijy a frv: C'iudiitetr.^'u for his artiftru. 214 THE HISTORY OF ENGLAND [Chap. XVII Arundel, aiul accused him for liis concurrence in pro- I curing tlie illegal commission, and in attainting the king's ministers. The primate pleaded guilty ; but as he was protected by the ecclesiastical privileges, the king was satisfied with a sentence which banished him the kingdom, and sequestered liis temporalities. An appeal or accusation was presented agaiust the duke ot Gloucester, and the earls ot' Arundel and Warwick, by the earls of Rutland, Kent, Huntingdon, Sonurset, Salisbury, and Nottingham, together with the lords Spenser and Scrope, and they were accused of the s.ime crimes which had been imputed to the arch- bishop, as well as of their appearance agaiust the king in a hostile manner at llaringay-park. The earl of Arundel, who was brought to the bar, wisely confined all his defence to the pleading of both the general and particular pardon of the king; but his plea being overruled, he was condemned and executed. The earl of Warwick, who was also convicted of high-trea- son, was, on account of his submissive beh.aviour, par- doned as to his life, but doomed to perpetual banish- ment in the Isle of Man. No new acts of treason ■were imputed to either of these noblemen. The only crimes, for which they were condemned, were the old attempts against the crown, which seemed to be ob- literated, botli by the distance of time and by repeated pardons. The reasons of this method of proceeding it is difficult to conjecture. The recent conspiracies of Gloucester seem certain from his own confessions : but, perhaps the king and ministry had not at that time ia their hands any satisfactory proof of their reality ; perhaps it was difficult to convict Arundel and Warwick of .any participation in them ; perhaps an inquiry into those conspiracies would have involved in the guilt some of those great noblemen who now concurred with tlic crown, and whom it was necessary to cover from all imputation; or perhaps the king, according to the genius of the age, was indifferent about maintaining even the appearance of law and equity, and was only solicitous by any means to ensure success in those prosecutions. These points, like many others in ancient liistory, we are obliged to leave altogether undetermined. MUBDER OF THE DUKE OF GLOUCESTER. A warrant was issued to tlie earl-mareschal, governor of Calais, to bring over the duke of Gloucester, in order to his trial; but the governor returned for answer, that the dulie had died suddenly of an apoplexy in that fortress. Nothing could be more suspicious, from the lime, than the circumstances of that prince's death: it became immediately tlie general opinion that he was murdered by orders from his nephew ; in the subse- quent reign undoubted proofs wei-e produced in parlia- ment, that he had been suffocated with pillows by his keepers. And itai)pearcd that the king, apprehensive lest the public trial and execution of so popular a prince, and so near a relation, might prove both dangerous and invidious, had taken this base method of gratifying, aud, as he fancied, concealing his re- venge upon him. Both parties, in their successive triumphs, seem to have had no further concern than that of retaliating upon their adversaries ; and neitlicr of them were aware, that by imitating, they indirectly justified, as far as it lay iji tlieir power, all the illegal violence of the opposite jiarty. This session concluded with the creation or advance- ment of several peers : the carl of Derby was made didte of Ileret'oril ; the carl of Rutland, duke of Albe- marle ; the earl of Kent, duke of Surrey; the earl of Kuntingdon, duke of E.xeter; the earl of Nottingh.am, duke of Norfolk; the earl of Somerset, marquis of Dor.set; lord Spenser, earl of Gloucester; Ralph Ncvll, earl of Westmoreland ; Thomas Piercy, carl of Wor- cester; William Scrope, earl of Wiltshire. The par- liament, after a session of twelve days, was adjourned to Slirewsbury. The king, before the departure of the members, exacted from them an oath for the perpetual maintenance and establishment of all their acts ; an oath similar to that which had formerly been required by the duke of Gloucester and his parly, and which had already proved so vain and fruitless. 1398. Both the king and parliament met in the same dispositions at Shrewsbury. (28tl'. January.) So anxious was Richard for the security of these acts, that he obliged the lords and commons to swear anew to them on the cross of Canterbury; and he soon after pro- 6urcd a hull from the poj^e, by whidi they were, as he imagined, perpetually secured aud established. The parliament, on the other hand, conferred on him /or /j/it the duties on wool, wool-fells, and leather, and granted him besides, a subsidy of one-tenth and a half, and one- fifteenth aud a half. They also reversed the attainder of Tresiliau and the other judges, and with the appro- bation of the present judges declared the answers, for which these magistrates had been impeached, to bo just and legal ; and they carried so far tlieir retrospect, as to reverse, on the petition of lord Spenser, earl of Gloucester, the attainder proncunced against the two Spensers in the reign of Edward II. The ancient his- tory of England is nothing but a catalogue of reversals ; everything is in fluctuation and movement; one factiou is continually undoing what was established by another; and the multii)lied oaths, which each paity exacted for the security of present acts, betray a perpetual con- sciousness of their instability. The parliament, before they were dissolved, elected a committee of twelve lords and six commoners,* whom they invested with the whole power both of lords aud commons, aud endowed with full authority to finish all business which had been laid before the houses, and which they had not leisure to bring to a conclusion. This was an unusual concession ; and though it was limited in the object, might, either immediately or as a precedent, have proved dangerous to the constitu- tion ; but the cause of that extraordinary measure was an event singular aud unexpected, which cng.aged the attention of the parliam.ent. After the destruction of the duke of Glcncesler and the heads of that parly, a misunderstanding broke out among those noblemen who had joined iu the prose- cution ; and the king wanted either authority sufficient to ai^pease it, or foresight to prevent it. The duke of Hereford appeared in parliament, and accused the duke of Norfolk of having spoken to him, in private, many slanderous words of the king, and of h.aving im- puted to that prince an intention of subverting and de- stroying many of his principal nobility. Norfolk denied the charge, gave Hereford the lie, and offered to prove his own inneceuce by duel. The challenge was ac- cepted ; the time and place of combat were aiipuinleear if Henry VI.. u hen tlie authuiitv of parliament wai h-reat, and when that assembly could least be susiiccltd ot lying under riulenii% a like concessinn was made to the privy-council, from like niouvts ot cott. \'enienet Sec Cotton, p. 501. riiAT. xvit.] RICHARD II. i;i77-I39P 215 kins, •iiiJ Iiis I'.amo siands .imon;> tlie appellants wlio ftccusc'd the duke of Ireland and the other ministers, yet was he not asliamcd puljlicly to impeach Iiis former associates for the very crimes wliich lie liad concwrred with tlieni in committing; and liis name increases the list of tliose appellants who brought them to a trial. Such were the principles and practices of those ancient knights and barons during the preva- lence of the aristoeratical government, and the reign of chivalry. The lists for this decision of truth and right were ap- pointed at Coventry before the king : all the nobility of Kngland banded into p.irties, and adhered either to the one duke or the other : the whole nation was held in suspense with regard to the event: but when the two champions appeared in the field, accoutred for the combat, tlio king interposed, to prevent both the present effusion of such noble blood, and the future consequences of the quarrel. I5y the advice and au- tliority of the parliamentary commissioners he stopped the duel ; and to show his impartiality, he ordered, by the same authority, both the combatants to leave the kingdom; assigning one country for the place of Nor- folk's exile, which he declared perpetual ; another for that of Hereford, which he limited to ten years. Hereford was a man of great prudence and command of temper ; and he behaved himself with so much sub- mission in these delicate circumstances, that the king, before his departure, promised to shorten the term of his exile four years ; and he also granted him letters patent, by which he was empowered, in case any in- heritance should in the interval accrue to him, to enter immediately in possession, and to postpone the doing of homage till his return. BANISHMENT OF HENRY, DUKE OF HEREFOIID. The weakness and fluctuation of Richard's counsels appear nowhere more evident than in the conduct of this aftUir. No sooner had Hereford left the kingdom, than the king's jealousy of the power and riches of that prince's family revived ; and he was sensible, that by Gloucester's death, he had only removed a countei-- poise to the Lancastrian interest, which was now be- come formidable to his crown and kingdom. Ecing informed that Hereford had entered into a treaty of marriage with the daughter of the duke of Berry, uncle to the French king, he determined to prevent the fijiishing of an alliance which would so much extend the interest of his cousin in foreign countries ; and ho sent over the earl of Salisbury to Paris with a commission for that purpose. The death of the duke of Lancaster, which happened soon after, (:trd February, 1399,) called upon him to take new resolutions with )egard to that opulent succession. The present duke, in con- sequence of the king's patent, desired to be put in pos- session of the estate and jurisdictions of his father ; but Kiehard, afraid of strengthening the hands of a man whuni he had already so much offended, applied to the parliamentary commissioners, and persuaded them that this afl'air was but an appendage to that business which the pai-iiament had delegated to them. By their au- thority he revoked his letters patent, and retained pos session of the estate of Lancaster ; and by the same authority he seized and tried the duke's attorney, who had procured and insisted on the letters, and he bad him condemned as a traitor, for faithfully executing that trust to his niiister. An extravagant act of power, even though the king changed, in favour of the attor- ney, the penalty of death intn that of banishment. Henry, the new dukeof Lancjislcr, had acquired, by his conduct and abilities, the esteem of the public; and having served with dislinelinn against the infidels in Lithuania, he had joined to bis other praises those of piety and valour, virtues which have at all times a great influence over mankiml, and were, during those ages, the (jualities chiefly held in estimation. He was connected with most of the principal nobility Ly blood, alliance, or friendship ; and as the injuiy done him \}\ the king might in its consequences affect all of them", he easily brought them, by a sense of common interest, to take part in his resentment. The people, who must have an object of allcction, who found nothing in the king's person wHiieh they could love or revere, and who were even disgusted with many parts of his conduct,* easily transferred to Henry that att:uhmcnt which the death of the duke of Cloucester had left without any |i.xcd direction. His misfortunes were lamented ; the injustice which he had suffered was complained ofj and all men tuined their eyes towards him, as the only person who could retrieve the lost honour of the nation, or rcdiess the supposed abuses in the government. RETURN OF HENRY. While such were the dispositions of the people, Richard had the imprudence to embaik fur Ireland, in order to revenge the death of his cousin, Roger, earl of iLuchc, the presumptive heir of the crown, who had lately been slain in a skirmish by the natives ; and he thereby left the kingdom of England o])en to the at- tempts of his provoked and ambitious eneni)-. Henry, embarking at Nantz with a letinue of si.\ty persons, among whom were the archbishop of Canterbury and the young earl of Arundel, nephew to that prelate, landed at Ravenspur, in Yorkshire; (4th July ;) and was immediately joined by the earls of Northumber- land and Westmoreland, two of the most potent barons in England. Here he took a solemn oath, that he had no other purpose in this invasion than to recover the dutchy of Lancaster, unjustly detained from him ; and he invited all his frieuds in England, and all lovers of their country, to second him in this reason- able and moderate pretension. Every place was in commotion ; the malcontents in all quarters flew to arms; Loiulon discovered the strongest symptoms of its disposition to mutiny and rebellion: and Henry's army, increasing on eveiy day's march, soon amounted to the number of GO,O0O combatants. GENERAL INSURRECTION. The duke of York was left guardian of the realm; a place to which his birth entitled him, but which both his slender abilities, and his natural connexions with the duke of Lancaster, rendered him utterly incapable of filling in such a dangerous emergency. Such of the the chief nobility as were attached to tiio crown, and could either have seconded the guardian's good inten- tions, or h.ave overawed bis infidelity, bad attended the king into Irelaud ; and the efforts of Riehai d's friends were everywhere more feeble than those of his enemies. The duke of York, however, appointed the rendezvous of his forces at St. Albans, and soon .issembled an army of •10,tli)0 men ; but found them entirely destitute of zeal and attachment to the royal cause, and more in- clined to join the j.arty of the rebels. He hearkened therefore very readily to a message from Henry, who entreated him not to o]:pose a loyal and humble sup- plicant in the recovery of his legal patrimony; and the guardian even declared publicly that he would second his nephew in so I'easonuble a request. His amiy em- braced with acclamations the same measures; and the duke of Lancaster, re-enforced by them, was now entirely m.-uster of the kingdom. J Ic "hastened to Bris- tol, into which some of the king's ministers bad thrown themselves; and soon obliging that place to surrender, he yielded to the pojmlar wishes, nw\ without givin" them a trial, ordered the carl of Wiltshire, sir John • He levied fines upon those who had ten years befcrr joined the duke of GUimistcr anil his rarty ; they uei-c oMigetl to piiy him nioi.ev, belore he would allow ihem to enjoy the l^ne.'it cf the indemintv ; and In" the -uti'-l.Ti of ihargeafjainst him. it is asserted that the payment of one tine did not jupi.v. It is, indeefl, likely that his min'^ters would aliLSe the powtT put into iheir hands; and thisgntvanee extcndol to very ir.atiy people. Ilistoriani aitreein leprttecmitgtUit Jkjaelio- A* a s^^at oi'pri-*>ion. See tittcibou.-nc^ p. Ijj. 216 THE HISTORY OF ENGLAND. [Chap. XVII. Bussy, ami sir Ileniy Green, wlioni he there took jni- soncrs, to be led to immctliato execution. The king, receiving intelligence of this invasion and insurrection, liastcned over t'roni Ireland, and landed in MiUord Haven with a body ol'*0,000 men: but even this .army, so mueli inferior to tlio enemy, was either overawed by tlie general combination of tlie kingdom, or seized witli the same spirit of disaffeetion ; and they gradually deserted him, till he found th.at he liad not above 0000 men who followed his standard. It ap- peai'ed, therefore, necessary to retire secretly from tliis sni.all body, which served only to expose him to dan- ger; and ho tied to the isle of Aiiglcsea, where he pur- posed to embark either for Ireland or France, and tlicre await the favourable opportunities wliich the re- turn of his subjects to a sense of duty, or tlieir future discontents against the duke of Lancaster, would pro- bably afford him. Henry, sensible of tlie danger, sent to him tlie earl of Northumberland witli the strongest professions of loyalty and submission ; and that noble- man, by treachery and false oaths, made himself master of tlie king's person, and carried him to his enemy at Flint Castie. Richard w.as conducted to London (1st September,) by the duke of Lancaster, who was there received with the acclamations of the mutinous popu- lace. It is pretended tliat the recorder met him on the road, and in the name of the city, entreated him, f(ir the public safety, to put Richard to death, with all liis adlierents who were prisoners; but the duke pru- dently determined to make many others participate in his guilt, before he would proceed to those extremities. For tliis purpose, he issued writs of election in the king's name, and appointed the immediate meeting of a parliament at Westminster. Such of tlie peers as were most devoted to the king were either fled or imjirisoncd; and no opponents, even among the barons, dared to appear against Henry amidst that scene of outrage and violence, which com- monly attends revolutions, more especially in England during those tiubulent .ages. It is also easv to imagine, that a house of commons, elected during this universal ferment, and this triumph of the Lancastrian party, would be extremely attached to that cause, and ready to second every suggestion of tlieir leaders. That order, being as yet of too little weight to stem tlie tor- rent, was always carried along with it, and served only to increase the violence which the public interest re- quired it sliould ende.avour to control. The duke.of Lancaster, therefore, sensible that he should be en- tirely master, began to carry his views to the crown itself; and he deliberated with his partisans concern- ing the most proper means of effecting his daring pur- pose. He first extorted a resignation from Richard ; but as he knew that this deed would plainly appear the result of force and fear, he also proposed, notwith- standing the danger of the precedent to himself and his postrrity, to have him solemnly deposed (2Sth Sep- tember) ill parliament, for his pretended tyranny and misconduct. A charge, consisting of thirty-three arti- cles, was accordingly drawn up against him, and pre- sented to that assembly. If we cx.aniine these articles, which are expressed with extreme acrimony against Richard, we sliall find that, except some rash speeches which are imputed to him, and of whoso reality, as they are said to have passed in private conversation, we may reasonably en- tertain some doubt, the chief amount of the charge is contained in his violent conduct during the last two years of his r.'ign, and naturally divides itself into two principal heads. The first and most considerable is the revenge wdiich he took on the jirinces and groat barons who had formerly usurped, and still persevered in controlling and threatening his authority; the second is the violation of the laws and general privileges of his people. But the former, however irregular in many of its circumstances, was fully supported by authority of parli.amont, and was but a copy of the violence wliicli tlic princes and b.-u'ons themselves, during theii- former | triumph, had exercised against him and bis party. The detention of Lancaster's estate was, properly speaking, a revocation, by parliamentary autliority, of a grace which the king himself bad formerly granted him. The murder of Gloucester (for the secret execution, how- ever merited, of tliat prince, certainly deserves this appellation) was a privat e deed, formed not any jire- cedent,.and implied not any usurped or arbitrary power of the crown which could justly give umbrage to the people. It really proceeded from a defect of power in the king, rather than from lils ambition; and proves that, instead of being dangerous to the constitution, lie possessed not even tbe authority necessary for the e.xe- cutiou of the fans. Concerning the second head of accusation, as it mostly consists of general facts, w.as fr.amed by Richard's inve- terate enemies, and was never allowed to be answered by him or his friends, it is more difiiciilt to form a judg- ment. The greater part of these grievances, imputed to Richard, seems to be the exertion of arbitrary prerog- atives ; such .as the dispensing power, levying purvey- ance, employing the marshal's court, extorting loans, granting protections from lawsuits ; jirerogatives whicli, though often complained of, had often been exercised by his predecessors, and still continued to be so by his successors. But whether his irregular acts of this kind were more frequent, and injudicious, and violent than usual, or were only laid hold of and exaggerated by the factions to which the weakness of his reign had given birth, we are not able, at this distance, to determine with certainty. There is, however, one circumstance in which his conduct is visibly different from that of his grandfather : he is not accused of having imposed one arbitrary tax, without consent of parliament, during his whole reign :* scarcely a year pa-ssed, during tlie reign of Edward, which was free from complaints with regard to this dangerous exertion of authority. But, perhaps, the ascendant which Eilward liad acquired over the people, together with his great prudence, cii- .abled him to make a use very advantageous to his sub- jects of this and other arbitrary prerogatives, and ren- dered them a smaller grievance in his hands, than a less absolute authority in those of his grandson. This is a point wliich it would be r.ash for us to decide posi- tively on either side; but it is certain, that a charge drawn up by the duke of Lancaster, and assented to by a parliament situated in those circumstances, forms no manner of presumption with regard to the unusual ir- regularity or violence of the king's conduct in tliis par- ticular. [See note 2 H, at the end af this Vol.] AVhen the charge against Richard was presented to the parliament, though it was liable, almost in every article, to objections, it was not cauv.asscd, nor c.\- aniincd, nor disputed in either house, and seemed to be received with universal approbation. One man alone, the bishop of Carlisle, had the courage, amidst this geiier.al disloyiilty and violence, to appear in de- fence of his unhajipy master, and to plead his cause against all the power of tlie prevailing party. Though some topics employed by that virtuous prelate may seem to favour too much the doctrine of passive obedi- ence, and to make too large a siicrifice of the rights of mankind, lie was naturally pushed into that extreme by his abhorrence of the present licentious factions ; and such intrepidity, as well as disinterestedness of behaviour, proves, that whatever his speculative priu- cijjles were, his heart was elevated far above the mean- ness aud abject submission of a slave. He represented to the parliament that all the abuses of government which could justly be imputed to Richard, instead of amounting to tyranny, were merely the result of error, youth, or misguided counsel, and admitted of a remedy more easy and salutary than a total subversion of the • We Icam from Cotton, p. 30?, tliat the kinp, liy his rhnnccllor, tol.l the comninns, tli^ thiy tl'i'rtl eltuiier'n biiuii't to lit in, tttui tiuiiiiihj ill t'oil'iuiili/f to rlnfi'c tlicm iritfi diames and }(f'tffn.i, tfiti fhii'li lir iiirttut no mnre to rlinrffe itipin in hu oivn person, Tliese ivords, nu morf, alUide to the prac- tice of Iiis predecessors; he had not himself iiinMiscd any arbitrary uxes: eyen tlie parliament, in the articles nf his depnsiuon, tliough they complain 01 heavy taxes, athrm not that they were imposed illegally or by uli'.raiy will. Chap. XVII.J RICHARD II. 1377—1399, constitiaion. That even liad tliey been miicli more vioUn', and danjjcrous than they really were, they had cliirfly proceeded from former examjilcs of resistance, ■which, making the prince sensilde of his precarious situation, had obliged him to establish his throne by irregular and arbltrarj' expedients. That a rebeUious disposition in subjects was the principal cause of tyranny in kings : laws could never secui-e the subject which did not give security to the sovereign: and if the maxim of inviolable loyalty, which formed the basis of the English government, were once rejected, the privileges belonging to the several orders of the state, instead of being fortified by that licentiousness, would thereby lose the surest foundation of their force and st.ibility. That the parliamentary deposition of Fd- ward II., far from making a precedent which could control this maxim, was only an example of successful violence ; and it was sufficiently to be lamented that crimes were so often committed in the world without PStablLshing princi]ilcs which mightjuslify and authorise them, 'that even that precedent, false and dangerous as it was, could never warrant the jiresent excesses, which were so much greater, and which would entail distraction and misery on the- nation to the latest pos- terity. That the succession, at least, of the crown, was then lu'csorvod inviolate: the lineal heir was placed on the throne ; and the people had an opportunity by their legal obedience to him, of making atonement for the violence which they had comniittod against liis prede- cessor. That a descendant of Lionel, duke of Clarence, the elder brother of the late duke of Lancaster, had been declared in parliament successor to the crown: he had left posterity: and their title, however it might bo overpowered by present force and faction, could never bo obliterated from the minds of the people. That if the turbulent disposition alone of the nation had overturned the well-established throne of so good a prince as Richard ; what bloody commotions must ensue, when the same cause was united to the motive of restoring the legal and undoubted heir to his au- thority! That the new government intended to be established, would stand on no principle; and would scarcely retain any pretence by which it could chal- lenge the obedience of men of sense and virtue. That the claim of lineal descent was so gross as scarcely to deceive the most ignorant of the populace: conquest could never be pleaded by a rebel against his sovereign: the consent of the people had no authority in a mo- narchy not derived from consent, but established by lieredit.niy right; and however the nation might be justified in deposing the misguided Rich.ard, it could never have any reason for setting aside his lawful heir and successor, who was plainly innocent. And that the duke of Lancaster would give them but a bad specimen of the legal moderation which might be ex- pected from his future government, if he added to the crime of his p.ast rebellion the guilt of excluding the family, which, both by right of blood and by declara- tion of p.irliament, would, in case of Richard's demise or voluntary resignation, have been received as the undoubted heirs of the monarchy. All the circumst.ances of this event, compared to those which attended the late Revolution in Ifirfh, show the difference between a great and civihzed nation deliberately vindicating its estabhshed priWleges, and a turbulent and barbarous aristociaey plunging head- long from the extremes of one faction into those of another. This noble freedom of the bishop of Carlisle, instead of being applauded, was not so much as tole- rated: he was immediately arrested by order of the dnke of Lancaster, and sent a prisoner to the abbey of St. Alb.ins. No further debate was attempted: thirty- three long articles of charge were, in one meeting, voted against Richard; and voted unanimou.sly by the same peers and prelates who a li(tle before had volun- tarily and unanimonsly autlK)ri.sed those very acts of violence of which they now complained. That prince was deposed by the sufirages of both houses; and the throne being now vacant, the duke of Lancaster stepped forth, and having crossed himself on the forehead and on the breast, and called upon the name of Christ, he pronouuccd these words, which we shall give in tha original language, because of their singularity: — " In the name of Fadlier, Son, and Holy GliosI, I Henry of Lancaster challenge this rewmc of Ynglanile, and the crottn, with all the membres, and the appurtenaiices : ats I that am dcscendit by right line of the llode, coming fro Ihj gude king Henry the therde, and Ihroge thai right thai God of his grace halh sent me, milh heipe of kyn, and of my frcndcs to recover it ; the which rewme teas in poynt to be ondune by defaul of governance, and ondoying of the gudc Uneesy In order to understand this speech, it must be ob- served, that there was a silly story, received among some of the lowest vulgar, that Edmond, earl of Lan- caster, son of Ilcni-y III., was really the elder brother of Edward I.; but that, by reason of some deformity in his person, he had been postponed in the succession, and his j-ounger brother imposed on the nation in his stead. As the present duke of Lancaster inherited from Edmond by his mother, this genealogy made him the true heir of the monarchy; and it is therefore in- sinuated in Henry's speech: but the absurdity was too gross to be openly avowed either by him or by the parhament. The case is the same with regard to his right of conquest : he was a subject who rebelled against his sovereign: he entci-ed the kingdom witli a retinue of no more than sixty persons: he could not therefore be the conqueror of England ; and this right is accord- ingly insinuated, not avowed. StiU there is a third claim derived from his merits in saving the nation from tyranny and oppression; and tliis claim is also insinuated: but as it seemed, by its nature, better cal- culated as a reason for his being elected king by a free choice, than for giving him an immediate right of pos- session, he durst not speak openly even on this head ; and to obviate any notion of election, he challen"rs the crown as his due either by acquisition or inherit- ance. The whole forms such a piece of jargon and nonsense as is almost without example: no objection, however, was made to it in parliament : the unanimous voice of lords and commons jdaced Henry on the throne; he became king, nobody could tell how or wherefore ; the title of the house of JIarche, fomierly recognised by parliament, was neither invalidated nor repealed, but jiassed over in total silence : and as a concern for the hberties of the people seems to have had uo hand in this revolution, their right to dispo.sc of the government, as well as all theu- other pi ivilegcs, was left precisely on the same footing as before. But Henry having, when he claimed the crown, drojipcd some obscure hint concerning conquest, «liich it w;is thought might endanger these privileges, he soon after made a public declaration, that he did not tliereby in- tend to deprive any one of his franchises or liberties: which was the only circumstance where we shall find meaning or common sense in all these ti'ansactious. The subsequent events discover the same headlong violence of conduct and the same rude notions of civil government. The deposition of Richard dissolved the parliament: (Cth October:) it was necessary to summon a new one ; and Henry, in six days after, called toge- ther, without any new election, the same members; and this assembly he denominated a new parliament. They were employed in the usual task of reversing cveiy deed of the opposite p.arty. All the acts of the last ])arliament of Richard, which had been confirmed by their oaths, and by a papal bull, were abrogated: all the acts which had passed in the iiarliament where Gloucester prevailed, which had also been confirmed by their oaths, but which had been abrogated by Richard, weie anew established. The answers of Tre- siliau and the other judges, wliich a parhament had annulled, but which a new parliament and new judges had a]>proved, hero received a second condemnation.. The jieers who had accused Gloucester, Arundc], aa.l 3-liJ THE HISTORY OF ENGLAND. rCHAP. XVII. Wfivwi*-!.-, and wlio liaa received liiglici- titles for tliat jiiere of service, -were all of them degraded from their new dignities: even tlie practice of prosecuting appeals in iiarUanieiit, which bore the air of a violent con- federacy ag:iinst an individual rather than of a legal indictment" was wholly abolished; and trials were re- stored to the course of common law. The natural effect of this conduct was to render the people giddy with s\ich rapid ai\d perpetual changes, and to inalce them lose all notions of right and wrong iu the mea- sures of government. JIURDER OF THE KING. The carl of Northumberland made a motion, in the house of peers, (iSvd October,) with regard to the un- happy prince whom they had deposed. lie _ asked them what advice they would give tlie king for the future treatment of him, since Henry was resolved to spare his life. They unanimously replied, that he Bhould be imprisoned under a secuie guard, in some secret place, and should be deprived of all commerce witli any of his friends or partisans. It was easy to foresee, "that he would not long remain alive in the hands of such barbarous and sanguinary enemies. Historians differ with regard to the manner in which he w;is murdered. It was long the prevailing opinion that sir Piers E.xton, and others of his guards, fell ni)on him in tlie castle of PomtVet, where he was con- fined, and dispatched him with their halberts. But it is more probable that he was starved to death in prison ; and after all sustenance was denied him, he prolonged his unhappy lif'>'. it is said, for a fortnight, before'^he reached tlie end of his miseries. Tliis ac- count is more consistent with the story, that his body was exposed in public, and that no marks of violence were observed upon it. He died in tlie thirty -fourth year of his age, and the twenty-third of his reign. He left no posterity, either legitimate or illegitimate. HIS CIIARACTER. All the writers who have transmitted to ns the history of Richard, lived during the reigns of the Lan- castrian princes ; and candour requires, that wo should not give entire credit to the reproaches wliicli they have tlirown njion his memory. But, after making all proiier allowances, he still appears to have been a weak prince, and unfit for government, less for want of natural parts and capacity, than of solid judgment and good education. He was violent in his temper, ]n-ofuso in his expense, fond of idle show and magnificence, devoted to favourites, and addicted to pleasure ; ]ias- sions,all of them, the most inconsistent with a prudent economy, and consequently dangerous in a limited and_ mixed government. Had he possessed the talents of gaining" and still more those of overawing his great barons" ho might have escaped all the misfortunes of his reign, .and been allowed to carry much further his opiirestions over the people, if he really was guilty of any, without their daring to rebel, or even to murmur against him. But when the grandees were tempted, by hTs want of prudence and of vigour, to resist his au- thority, and execute the most violent enterpris^-s upon him, he was naturally led to seek an opjiortunity of retaliation : justice was neglected ; the lives of the chief nobility were sacrificed ; and all these enormities seem to have proceeded less from a settled design of establishing arbitrary power, than from the insolence of victor)-, .and the necessities of the king's situation. Tiie manners indeed of the .age were the chief source of such violence : laws, which were feebly executed in peaceable times, lost all their autliority during public convulsions : both parties were alike guilty : or if any difference may be remarked between them, we shall find, that the authority of the crown, being more legal, M-.as commonly carried, when it prevailed, to less des- •loi-ate extremities than was th.at of the aristocracy. On comparing the conduct and events of this reign, with those of the preceding, we shall find equal reason to admire Edward, and to blame Uichard ; but tlie cir- cumstance of opiiosition, surely will not lie in the strict regard paid by tlie former to national privileges, and the neglect of them by the latter. On the contrary, the prince of small abilities, as he felt his want of powei-, seems to have been more moderate in this resjiect than the other. I'.very parliament assembled during the reign of Edward, remonstrates against the exertion of some arbitrary prerogative or other: we hear not any complaints of tliat kind during the reign of Richard, till the assembling of his last piarliament, which w;is summoned by his inveterate enemies, which detlironed him, which fr.imed their complaints during tlie time of the most furious convulsions, and whose testimony must therefore have, on that account, much less authority with every equitable judge.* Both thesa princes experienced the encroachments of the great u])on their authority. Edward, reduced to necessities, was obliged to make an express bargain witli his par- liament, and to sell some of Ids prerogatives for piesent supply ; but as they were acquainted with his genius and capacity, they ventured not to demand any exorbi- tant concessions, or sucli as were incompatible with regal and sovereign power. Tlie weakness of Richard tempted the parliament to extort a commission, which, in a manner, dethroned the prince, and transferred the sceptre into tlie hands of the nobility. The events of these encroachments were also suitable to the charac- ter of each. Edward had no sooner gotten the supply, than he departed from the engagements which had induced the p.arliament to grant it : he openly told his people, that he had but dissembled with them when he seemed to make them these concessions ; and he re- sumed and retained all his prerogatives. But Richard, because he was detected in consulting and deliberating with the judges on the lawfulness of restoring the con- stitution, found his barons Immediately in arms against him ; was deprived of his liberty ; saw his favourites, his ministers, his tutor, butchered before his face, or banished and attainted ; and was obliged to give way to all this violence. There cannot be a more remarkable contrast between the fortunes of two princes: it were happy for society, did this contrast always depend on the justice or injustice of the measures which men em- brace ; and not rather on the different degrees of prudence and vigour with which those measures aro supported. MISCELLANEOUS TRANSACTIONS DURING THIS REIGN. There was a sensible decay of ecclesiastical authority during this period. The disgust which the laity had received from the numerous nsurp.ations both of th: court of Rome, and of their own clergy, had very very much weaned the kingdom from superstition ; and strong symptoms appeared, from time to time, of a general desire to shake off the bondage of the llouiish church. In the committee of elglitcen, to whom Richard's last parliament delegated their whole jiower, there is not the name of one ecclesiastic to be found ; a neglect which is almost without example, while the catliolic religion subsisted in England. [See note 2 I, at the end of tins Vol.] The aversion entertained ag.air.st the established church soon found principles, and tenets, and reason- ings, by which it could justify and snjiport itself. John Wickliffe, a secular priest, educated at Oxford, be^an in the latter end of l'2dward III. to spread the doctrine of Reformation by his discourses, sermons, and writings ; and he made in.any disciples among men of all ranks and stations. He seems to have been a man of parts and learning ; and has the honour of being the first person in Europe, that publicly called • I'cfuse. in this vieu', tlie Abritlgmcat of the Kccortis, by '.ii i.L'bcxt Cotton, duniig tll«« two leiijns. "^ -^*.5.*^ y - ir; Pomfrtft Caatle . !=< ^ 5(2 S3 S CiiAi'. XVII. ] RICHARD II. 1377—1390. 240 in question those iiiliicijilos, wliicli liaJ universally passed for certain and undisputed during so many nges. Wicklifte liiniself, as well as liis di:eiples, wlio received tlie name of Wicltliflites, or Lollards, was distinguished hy a great austerity of life and manners ; a circumstance common to almost all those who dog- matize in any new way ; both because men, who draw to them the attention of the public, and expose them- selves to the odium of great multitudes, are obliged to be very guarded in their conduct, and because few, who Lave .a strong propensity to pleasure or business, will enter upon so difficult and laborious an undertaking. The doctrines of Wicklift'e, being derived from his search into the scriptures and into ecclesiastical au- tiqnity, were nearly tli ; same with those which were propagated by the reformers in the sixteenth century : fle only carried some of them further than was done by the more sober jiart of these reformers. He denied the doctrine of the real presence, the supremacy of the cliurch of Home, the merit of mona-stic vows : he main- tained, that the scriptures were tlie sole rule of faith; that the church was dependent on tlie state, and should be reformed by it ; that the clergy ought to possess no estates; that the begging friars were a nuisance, and ought not to be su)>ported ; that the numerous ceremonies of the clnircli were hurtful to true jiioty : he asserted, that oaths were unlawful, that dominion was founded in grace, that everything was subject to fate and destiny, and that all men were pre- ordained either to eternal salvation or reprobation. From the whole of his doctrines, Wickliffe appears to have been strongly tinctured with enthusiasm, and to liave been thereby the better qualified to oppose a church whose chief characteristic is superstition. The ])ropagation of these principles gave great alarm to tlie clergy ; and a bull was issued by pope Gregory XI. for taking Wickliffe into custod}-, and examining into the scope of his opinions. Courteney, bishop of London, cited hira before his tribunal ; but the re- former had now acquired powerful protectors, who screened him from the ecclesiastical jurisdiction. The duke of Lancaster, who then governed the kingdom, encouraged the principles of Wickliffe ; and he made no scruple, as well as lord Piercy, the mareschal, to appear openly in court with him, in order to give hira countenance upon his trial : ho even insisted th.at Wickliffe should sit in the bishop's presence, while his principles were examined : Courteney exclaimed against the insult : the Londoners, thinking their pre- late afiVontcd, attacked the duke and mareschal, who escaped from their hands with some difficulty. And the populace, soon after, broke into the houses of both those noblemen, threatened their persons, and plun- dered their goods. The bishop of London had the merit of appeasing their fury and resentment. The duke of Lancaster, however, still continued his protection to Wicklift'e during the minority of K'ichard ; and the principles of that reformer had so far propa- g;ited themselves, that, when the pope sent to Oxford a new bull against these doctrines, the university do- libcratcd for some time, whether they should receive the bull ; and they never took any vigorous measures in conseciuence of the pajial orders. Even the popu- lace of London were at length brought to entertain favourable sentiments of this reformer : when ho was cited before a synod at Lambeth, they broke into the assembly, and so overawed the jirelates, who found both the people and the court against them, tliat they dismissed him without any further censure. The clei'gy, we m.iv well be lieve, were more wanting in power than in inclination to punish this new heresy, which struck at all their credit, possessions, and au- tliority. Lut there was hitherto no law in England by which the secular arm was authorized to support orthodo.\y ; and the ecclesiastics endeavoured to sup- ply the defect by an extraordinary and unwarrantable artifice. In the \ear ISlil, there was an act passed, renuiring sheriffs to njiprehend the preachers of heresy Vci.. I. and their abettors ; but this statute had been suiTejj- litiou.s!y obtained by the clergy, and had the formality of an enrolment without the consent of the commons. In the subsequent session the lower house comjilaineJ of the fraud ; affirmed, that they had no intention to bind themselves to the prelates further than their an- cestors had done before them ; and required that the pretended statute should be repealed ; which was done accordingly. IJut it is remarkable that, notwithstand- ing this vigilance of the commons, the clergy had so much art and influence that the repeal was suppressed ; and the act, which never had any legal authority, re- mains this day uiion the statute-book : though the clergy still thought proper to keej) it in rcsci-ve, and not proceed (o the immediate execution of it. But, besides Ihisdefect of power in the cliurch, which saved Wickliffe, that reformer himself, notwithstand- ing his enthusiasm, seems not to have been actuated by the spirit of martyrdom ; and in subsequent trials before the prelates, he so explained aw.ay his doctrine by tortured meanings, as to render it quite innocent and inoffensive. Jtost of his followers imitated his cautious disposition, and saved themselves either by recantations or explanations. He died of a palsy, in the year 13!i5, at his rectory of Lutterworth, in the county of Leicester ; and the clergy, mortified that he should have escaped their vengeance, took care, besides assuring the people of his eternal damnation, to repre- sent his last distemper us a visible judgment of heaven upon him for his multiplied heresies and impieties. The proselytes, however, of Wickliffe's ojjinions still increased in England : some monkish writers repre- sent one half of the kingdom as infected by those prin- ciples : they were carried over to Bohemia by some youth of that nation who studied at Oxford ; but though the age seemed strongly disposed to receive them, aft'airs were not yet fully rijie for this great levolution ; and the finishing blow to ecclesiastical power was reserved to a period of more curiosity, literature, and inclination for novelties. Meanwhile the English parliament continued to check the clergy and the court of Rome, by more sober and more legal expedients. They enacted anew the statute of provisors, and affixed higher penalties to the trans- gression of it, which, in some instances, was even made capital. The court of Home had fallen ujion a ncx device, which increased their authority over the pre- lates : the pope, who fourid that the exiicdieut of arbitrarily depii\'ing them was violent and liable to opposition, attained the same end by transferring such of them as were obnoxious to poorer sees, and even to nominal sees, in partibus infidi:!ium. It was thus that the archbisho]) of York, and the bishops of Durham and Chichester, the king's ministers, had been treated after the prevalence of Gloucester's faction : the bishop of Carlisle met with the same fate after the accession of Henry IV. For the ]iope always joined with the prevailing powers when they did not thwart his pretensions. The parliament, in the reign of Richard, enacted a law against this abuse : and the king made a general remonstrance to the court of Home against all those usurpations which he calls horrible excesses of that court. It was u.su.al for the church, that they might elude the mortmain act, to make their votaries leave lands in trust to certain persons, under whose name the clergy enjoyed the benefit of the bequest : the parliament also stopped the progress of this abuse. In the ITth of the king, the commons prayed, " That remedy might be had against such religious persons as cause their vil- lains to marry free women inheritable, whereby the estate comes to those religious hands by collusion." This was a new device of the clergy. The papacy was, at this time, somewhat weakened by a schism, which lasted during forty years, and ga^o great scandal to the devoted partisans of the holy see. After the pope had resided many years at Avignon, Gregory XI. was persuaded to return to Rome; and 2 K ■250 THE HISTORY OF ENGLAND. [Chap. XVIII. upon his death, which happened in 1380, the Romans, i-osolute to Sx, for the future, the scat of the pajiacy in Italv, besieged the cardinals in tlio conclave, and coin- polled them, though Ihey were mostly Frenchmen, to elect Urban VI., an Italian, into that high dignity. The Frciuh cardinals, as soon as they recovered their ■iherty, tied from Home, and, protesting against tlio forced election, chose Kobert, son of the count of Geneva, who toolv the name of Clement VII., and re- sided at Avignon. All the Iviiigdonis of Christendom, according to their several interests and inclinations, were divided between those two pontiffs. The court of Franco adhered to Clement, and was followed by its allies, the king of Castile, and the king of Scotland: England, of course, was thrown into the other party, and declared for Urban. Thus the appellation of Clementines and Urlanisls distracted Europ(> for several years ; and each party damned the other as schisma- tics, and as rebels to the true vicar of Christ. But this circumstance, though it weakened the papal au- thority, had not so groat an effect as might naturally be imagined. Though any king could easily at first make his kingdom embrace the party of one pope or the other, or even keep it some time in suspense between them, ho could not so easily transfer his obedience at pleasure : the people attached themselves to their own party, as to a religious opinion ; and con- ceived an extreme .abhorrence to the opposite party, whom they regarded as little better than Saracens or infidels. Crusades were even undertaken in this quar- rel ; and the zealous bishop of Norwich, in particular, led over, in 1382, near 00,000 bigots into Flanders against the Clementines ; but, after losing a great part of his followers, he returned with disgrace into Eng- land. Each pope, sensible, from this prevailing spirit among the people, that the kingdom which once cm- braced his cause would always adhere to him, boldly maintained all the pretensions of his see, and stood not much more in awe of the temporal sovereigns, than if his authority had not been endangered by a rival. We meet witli the preamble to a law enacted at the very beginning of this reign : — " Whereas divers per- sons of small garrison of land or other possessions, do make great retinue of people, as well of esquires as of others, in many parts of the realm, giving to tliem hats and other livery of one suit by year, t.alcing again towards tliem the value of the same livery, or percase the double value, by such covenant and assur- ance, that every of them shall maintain other in all quarrels, be they reasonable or unreasonaljle, to the great mifchief and oppression of the people, &c." This preamble contains a true picture of the state of the kingdom. The laws had been so feebly executed, even during the long, active, .and vigilant reign of Ed- ward III., that no subject could trust to their protec- tion. Men openly associated themselves, nnder the patronage of some great baron, for their mutu.al de- fence. They wore public badges, by which their con- federacy was distinguished. They supported each other in .all quarrels, iniquities, extortion.s, murders, robberies, and other crimes. Their cliief was more their sovereign than the king himself ; and their own b.and was more connected with them than their conn- try. Hence the perpetual turbulence, disorders, fac- tions, and civil wars of those times : hence the small regard paid to a cliaiacter or the opinion of the pub- lic : hence the large discretionary prerogatives of the crown, and the danger which might have ensued from the too great limitation of them. If the king had possessed no arbitrary powers, while all the nobles as- sumed and exercised them, there must have eusucd an absolute anarchy in the state. One great mischief attending these confederacies, w.as the extorting from the king pardons for the most enor- mous crimes. The p.arliament often endeavoured, in the lost reigu, to deprive the prince of tliis prerogative ; but, 111 the present they wore content witli an abridg- ment of it. They enacted, that no pardon for rapes or for murder from malice prepense should be valid, unless the ci ime were particularly specified in it. There were also some other circumstances reipdrcd for pas-ing any pardon of this kind ; an excellent law ; but ill observed, like most laws tliat thwart the mauncis of the people, and the prevailing customs of tlie times. It is easy to observe, from these voluntary associa- tions among the people, tbat the whole force of the feudal system was in a manner dissolved, and that the English had nearly returned, in that particular, to the same situation in which they stood before tlie Norm.an conquest. It was, indeed, impossible that that system could long subsist under the perpetual revolutions to which landed property is everywhere subject. When the great feudal baronies were first erected, the lord lived in opulence in the midst of his vassals : he was in a situation to protect and cherish and defend them: the quality of patron naturally united itself to that of superior; and these two principles of authority mutu- ally supported each other. But when, by the various divisions and mixtures of property, a man's superior came to live at a distance from Idm, and could no longer give him shelter or countenance, the tie gra- dually became more fictitious than real ; new connex- ions from vicinity or other causes were formed ; pro- tection was sought by voluntary services and attach- ment : the appearance of valour, spirit, abilities in .any great man, extended his interests very far : and if the soverci'^n were deficient in these quahties, he was no less, if not more exposed to the usurpations of the aristocracy, than even during the vigour of the feudal system. The greatest novelty introduced into tlie civil govern- ment during this reign was the creation of peers by patent. Lord Beauchamp of Holt was the first peer that was advanced to the house of lords in this man- ner. The practice of levying benevolences is also first mentioned in the present reign. This prince lived in a more m.iguificent manner than perhaps any of his predecessors or successors. His household consisted of 10,000 persons : he had 300 in his Ivitchen ; and all the other ofliceis were furnished in proportion.* It must be remarked, that this enor- mous train had tables supplied them at the king's expense, according to the mode of that age. Such prodigality was probably the source of many exactions by purveyors, and was one cliicf reason of the public discontents. C II APT Ell XVIII. HENRY IV. I Title of tlic Kins An Insurrection .\n InsuiTCctlon in Wales-; — The Karl of Nonhumlieilanti reWs liMlle uf Slirewbbui) Sute ul Scotland I'arliamcnuiry Tiansaeliuns iJ«ath and Cliaiatlcr or tile King. TITLE OF THE KI.NG. 1390. 'T'' HE English had so long been familiarised to the Jl heredittiry succession of their mouarchs, tho in- stances of departure from it had always borne such strong syniplonis of injustice and violence, and so little of a national choice or election, and the returns to^ the true line had ever been deemed such fortunate inci- dents in their history, that Henry was afraid lest, iu resting his title on the consent of the people, he should build on a foundation to whirli the iieople themselves were not accustomed, and wlioso solidity they would with difficulty be brought to recognise. The idea too • Hardir.K : tills poet says, tliat lie spcllcs /Kim tlie antliority of a ek^ilc of the greci elutli- CnAP. XYIII.] HENRY IV. 1399—1413. ;i of choice seemed always to imply tliat of condition, and a, riglit of recalling tlio consent npon any supposed vio- lation of tliem ; an idi.i wliich wus not naturally agrce- alile to a sovereign, and niiglit, in Eiij;land, be danger- ous to tlio snbjecis, wlio, lying so niucli nnder tlie in- fliienco of turbulent nobles, bad ever paid bat an im- perfect obedience even to tlieir hereditary princes. Kor these reasons, Henry was determined never to have recourse to this claim ; the only one on whieli his au- liiority could consistently stand : ho rather chose to patch up his title in the best manner he could fioni other pretensions : and in the end, he left himself, in the eyes of men of sense, no ground of right but his present possession ; a very precarions foundation, which, by its very nature, vas liable to be overthrown by every faction of the great, or prejudico of the peo- ple, lie had indeed a present advantage over his competitor: the heir of the house of Slortinier, who had been declared, in parliament, heir to the crown, was a boy of seven years of age; liis friends consulted his safety, by keeping silence with regard to his title; Henry iletaincd him and his younger brother in ho- nourable custody at Windsor Castle ; but he had reason to dread, that in proportion as that nobleman grew to man's estate, ho would draw to him the attachment of the people, and make them rcHect on the frand, violence, and injustice, by which he had been excluded from the throne. Many favourable tojiics would occur in his behalf : ho was a native of England; possessed an extensive interest from the greatness and alliance of his family ; however criminal t\u\ deposed monarch, this youth was entirely innocent ; he was of the same religion, and educated in the same manners with the people, and could nut be governed by any separate in- terest ; these views would all concur to favour his claim ; and though the abilities of the present prince might ward oft' any dangerous revolution, it was justly to be apjirehended, that his authority could with diffi- culty be brought to equal that of his predecessors. Henry, in his very first parliament, had reason to see the dang<>r attending that station which he had .as- sumed, and the obstacles which he would meet with in governing an unruly aristocracy, alw.ays divided by faction, and at present inflamed with the resentments consequent on such recent convulsions. The peers, on their assembling, broke out into violent animosities against each other: forty gauntlets, the pledges of furious battle, were thrown on the floor of the house by noblemen, who gave mutual challenges; and linr and traitor resounded from all quarters. The king had so much authority with these doughty champions, as to prevent all tlie combats which they threatened ; but he was not able to bring them to a proper com- posure, or to ail amicable disposition towards each other. AN INSURRECTION. 1400. It was not long before these passions broke into action. The e.arls of Rutland, Kent, and Huntingdon, and lord Spenser, who were now degraded from the respective titles of Albemarle, Surrey, Exeter, and Gloucester, conferred on them by Richard, entered into a conspiracy, together with the earl of Salisbury and lord Luniley, for raising an insurrection, and for seizing the king's person at Windsor : but the trea- chery of lintland gave him warning of llie danger. He fiudilenly withdrew to Loudon ; and the conspirators, who came to Windsor with a body of 500 hoise, found that they had missed this blow, on which all the success of their enterprise depended. Henry .appeared next day at Kingston-upon-Thames, at the head of 20,000 men, mostly drawn from the city ; and his enemies, un- able to resist his power, dispersed themselves, with a view of raising their followers in the several counties which were the seat of their interest. But the adhe- rents of the king were hot in the pursuit, and every- irliero opposed themselvca to their progress. The carls of Kent and Salisbui-y were seized at Cirencester liy the citizens; and were next day beheaded without further ceremony, .according to the cusloni of the times. The citizens of liiistol treated Spensei' and Lumley in the same manner. The earl of Hnntijig- don, sir Thomas lilount, and sir IJenedict Scly, who were also taken prisoners, suffered death, with iiiany others of the conspirators, by ordeis from Henry. And when the quarters of these tinliajipy men were brought to London, no less than eighteen bishops and tliirty-two mitred abbots joined the populace, and met them with the most indecent marks of joy and exidtation. But the spectacle the most shocking to every one who retained any sentiment cither of honour or hu- manity, still remained. The earl of Rutland a].pear(.d, cari-yiug on a pole the head of lord Spenser, liis bro- ther-in-law, which he presented in triumjih to Henry, as a testimony of his loyalty. This infamous man, who was soon after duke of York, by the death of his father, and first prince of the blood, had been instru- mental in the murder of his uncle, the duke of Glou- cester; had then deserted Richanl, by whom lie was trusted ; had conspired against the life of Henry, to whom ho had sworn allegiance; had betr.ayed his associates, whom he had seduced into this cnterpiiso ; and now displayed, in the fiiee of the world, tlicEO badges of his multiplied dishonour. 1401. Henry was sensible, that though the execu- tion of these conspirators might seem to give security to his throne, the animosities which remain after such bloody scenes are alw.ays dangerous to royal authority; and he therefore determined not to increase, by any ha- zardous enterprise, those numerous enemies w ith whom he was everywhere environed. AVhile a subject, he was hi licved to have strongly imbibed all the princi- ples of his father, the duke of Lancaster, and to have adopted the prejudices which the Lollards inspired against the abuses of the established church : but find- ing himself possessed of the throne by soprecaiions a title, he thought superstition a. necessary implement of public authority ; and he resolved, by every expedient, to pay court to the clergy. There were hitherto no penal laws enacted against heresy ; an indulgence which had proceeded, not from a spirit of toleration in the Romish church, but from tlie ignorance and sim- plicity of the people, which had rendered them unlit either for starting or receiving any new or curious doctrines, .and which needed not to be restrained by rigorous penalties. But when the learning .and genius of Wickliffe had once broken, in some measure, the fetters of prejudico, the ecclesiastics called aloud for the punishment of his disciples ; and the king, who was very little scrupulous in his conduct, was easily in- duced to sacrifice his principles to his interest, and to acquire the favour of the church by that most cfi'ectual method, the gratifying of their vengeance against opponents. He engaged the parliament to pass a law for that purpose : it was enacted, that w hen any here- tic, who relapsed, or refused to abjuie his opinions, w.as delivered over to the secular arm by the bishop or his commissaries, he should be committed to the flames by the civil magistrate before the whole people. This weapon did not long remain unemployed in the hands of the clergy : William Sautrc, rector of St. Osithes, in London, had been condemned by the convocation of Canterbury ; his sentence was ratified by the house of peers ; the king issued his writ for the execution ; and the unhappy nuin atoned for his erroneous oiiinions by the penalty of fire. This is the first inst.ance of that kind in England ; and thus one horrormore was added to those dismal scenes which at that time were already but too familiar to the people. But ti.e utmost precaution and prudence of Ilcnrr could not shield him from those numerous inquietudes which assailed him from every quartei'. T.'ie connex- ions of Richard with the royal family of France ni,ad(> that court exert its activity to recover lii.s authority. THE HISTORY OF ENGLAND •"Chai". xviir. or revenge lils dofith ; but tl'.oiigU tlic confiisions in lungiaii'l tomptcd the Froncli to engage in sonic enter- prise by wliiiU tbey nu!;lit Jistress tbeir ancient enemy, tlie greater confusions wliicli tbey experienced at lionie obliged tbeni quickly to acconinioilate matters; and Cluirles, content willi recovering bis daugbler from Henry's hands, laid aside bis preparations, and re- newed tbe truec between the kingdoms. Tlio attaclc of Guienne was also an inviting attempt, wliicli tbe present factions tliat prevailed among tbe Frencb oMiged tliem to neglect. Tbe Gascons, aft'ectionato to tbe memoi'y of Hiebard, wbo was born among tbem, n'fused to swear allegiance to a prince that bad de- tbroned and murdered liim ; and tbe appearance of a l'"reneli army on tbeir frontiers would probably have tempted tbem to change masters. But the earl of Woi'ccster, arriving witli some English troops, gave countenance to tlie partisans of Henry, and overawed their opponents. Religion too was beie found a ce- ment to their union with England. Tlie Gascons bad been engaged, by Iticbard's authority, to acknowledge the pope of Uonie ; and tbey were sensible that, if tbey submitted to France, it would be necessary for tbem to pay obedience to tbe pope of Avignon, whom they bad been taught to detest as a schismatic. Their principles on this head were too fast rooted to admit of any suddea or violent alteration. INSURRECTION IN WALES. The revolution in England proved likewise the occa- sion of an insurrection in Wales. Owen Glendonr, or Glendourduy, descended from the ancient jninces of that country, bad become obnoxious on account of bis attachment to Richard; and liegin.ild lord Gray of R'jtbyn, who was closely connected with the new king, and who enjoyed a great fortune in the marches of Wales, thongbt thooppoi tnnily favourable fur oppress- ing bis noigiiliour, and taking possession of bis estate. Glendonr, provoked at the injustice, and still mere at the indignity, recovered possession by llio sword : Henry sent assistance to Gray ; the Welsh took part with Glendonr; a troublesome and tedious w.ar was kindled, which Glendonr long sustained by his valour and activity, aided by the natural strength of the country, and the untamed spirit of its inhabitants. As Glendonr committed devastations in-omiscuously on all the English, b.e infested the estate of the earl of JIarche ; and sir Edmund Mortimer, uncle to that nobleman, led out the retainers of the family, and gave battle to the Welsh chieftain; bis troops were routed, and he was taken prisoner: at tbe same tiino the carl himself, who bad been allowed to retire to bis castle of Wigmore, and who, though a mere boy, took the field with bis followers, fell also into Glcndonr's bands, and was carried by him into Wales. As Henry dreaded and hated all the family of Jlarehe, he al- lowed the earl to remain in captivity ; ami though that young nobleman was nearly allied to tbe I'iercies, to whose assistance be himself had owed bis crown, he refused to the earl of Northumberland permission to treat of bis ransom with Glendonr. Tlie uncertainty in which Henry's affairs stood dur- ing a long time with France, as well as the confusions incident to all great changes in government, tempted tbe Scots to make incursions into England ; and lleiny, desirous of taking revenge upon them, but afraid of rendering his new government nupojiular by requiring great supplies from bis subjects, summoned at West- minster a council of the peers, wilJiout the commons, ftud laid before tbem the state of his affairs. Tbe mi- litary part of the feudal constitution was now much decayed: there remained only so much of that fabric as aifected tbe civil rights and properties of men ; and the peers here undertook, but voluntarily, to attend the king in an expedition against Scotland, each of UiHin at the bead of a certain number of his retainers. Henry conducted this army to Edinburgh, of which he easily made himself niaslcr ; and he there summoned Robert 111. to do homage to him for bis crown, lint finding that the Scots would neither submit nor give him bailie, he returned in three weeks, after making this useless bravado ; and he disbanded bis army. 1102. In tbe subsequent seascni, Archibald, carl of Douglas, at the head of 12,000 men, and attended by many of tbe principal nobility of Scotland, made an irruption into England, and cumniitted devastations on the norlhern counties. On bis return home lio w;is overtaken by the riercies at Homeldon, on tbe bor- ders of England, and a fierce battle ensued, whore the Scots were totally routed. Douglas himself was taken jnisoner; as was Moidac, earl of Fife, son of the duke of Alb.any, and nephew of tbe Scottish king, with the earls of Angus, JIurray, and Orkney, and many others of the gentry and nobility. When Henry received intelligence of this victory, he sent tbe carl of Northumberland orders not to ransom his prisoners, which that nobleniaji regarded as his right by tbe laws of wai' received in that age. Tbe king intended to detain tbem, that he might be able, by tbeir means, tc make an advantageous peace with Scotland; but by this jiolicy he gave a fresh disgust to the family of riercy. 1403. The obligations which Henry had OAved to Northnmberland were of a kind the most likely to produce ingratitude on one side, and discontent on tbe other. The sovereign naturally became jealous of that power which had advanced him to tbe throne ; and tlio subject was not easily satisfied in the returns which bo thought so groat a favour had merited. Though Henry, on bis accession, bad bestowed the oiKce of constable on Northumberland for life, and conferred other gifts on that family, these favouis weie regarded as their due : the refusal of any other request was deemed an injury. The impatient spirit of Harry Piercy, and the factious disposition of the earl of Wor- cester, younger biotber of Northumberland, inflamed the discontents of that nobleman; and the precarious title of Henry tempted him to seek revenge, by over- turning that throne which be bad at first cst.ablisbciL He entered into a correspondence with Glendonr : he gave liberty to the earl of Douglas, and made an alli- ance \yitli that martial chief: he roused up all his par- tisans to arms ; and such unlimited authority at that time belonged to the great families, that the same men, whom a few years before he had conducted against Richard, now followed his standard in opposition to Henry. When w;ir was ready to break out, Northum- berland was seized with a sudden illness at Berwick; and young Piercy, taking the command of the troops, marched towards Slirewshury, in order to join his forces with those of Glendonr. Tlic king bad happily a small army on foot, with which he bad intended to act against tbe Scots; and knowing the importance of celerity in all civil wars, be instantly hurried down that be mightgive battle to the rebels. He approached Piercy near Slirewshury, before that nobleman was joined by Glendonr ; and the policy of one leader, and impatience of tbe other, made them hasten to a general engagement. The evening before the battle, Piercy sent a niaiii festo to Henry, in which be renounced his allegiance, set that prince at defiaiee, and in the name of his father and uncle, as well as his own, enumei-ated all llie grievances of which, be pretended, the nation bad reason to comjilain. He upbraided him with the perjury of which be bad been guilty, when, on landing at liavenspur, be had sworn upon (be Gospels, before tho earlof Northumberland, that he bad no other intention than to recover tbe dutchy of Lancaster, and that ho would ever remain a faithful siibji.'ct to king Richard- He aggravated his guilt in first dethroning, then mur- dering that prince, and in usurjiing on tbe title of the bouse of Mortimer, to ^^■h■onl,botil by lijie:il succession, and by declarations of parliament, the throne, udien vacant hy Richard's demise, did of right belong. Ho Bolingbcoke receiving dw Crown from. Richari JD Cii.il'. XVIII.l HENRY IV. 1390—1413. 253 coniplaJnod of liis cruel policy in allowing the young carl of Marclic, wliom he ouj;lit to ri-gai-d as his sovereign, to remain a captive in the hands of liis piieniies, and in even refusing to all his friends per- mission to treat of his ran.soni. He charged him again with perjury in loading the nation witli heavy taxes, after iiaving sworn that, without tlie utmost ncces.sity, he would never levy any inipositious upon them. And he reiiroached him with the arts employed in procur- ing favourable elections into parhamcut ; arts which he himself had before imputed as a crime to Richard, and which he had made one cluef reason of that prince's arraignment and deposition. Tliis manilesto was well calculated to inflame the quarrel between tlie parties : the bravery of the two leaders promised an obstinate engagement ; and the equality of the armies, being each about 12,000 men, a number which was not unmanageable by the commanders, gave reason to ex- pect a gi-eat eftusion of blood on both sides, and a very doubtful issue to the combat. CATTLE OF SIIREWSnURY. Jidi) 21. AVe shall scarcely find any battle in those ages where the shock was more terrible and more constaut. Henry exposed his person in the thickest of the light : his gallant son, whoso military achievements were af- terwards so renowned, and who here performed his noviciate in arms, signahzed himself on his father's footsteps : and even a wound, which he received in the face witli an arrow, could not oblige him to quit the held. Piercy supported that fame which ho had ac- quired in many a bloody combat : and Douglas, his ancient enemy, and now his friend, still appeared his rival, amidst the horror and confusion of the day. This nobleman performed feats of valour which are almost incredible : he seemed determined that the king of England .should that day fall by his arm : he sought him all over the field ot battle : .and as Ilenry, either to ehide the attacks of the enemy upon his person, or to encounage his own men by the belief of his presence everywhere, had accoiitred several captains in tlie royal garb, the sword of Douglas rendered this honour fatal to numy. But while the armies were contending in this furious manner, tlie death of Piercy, by an un- known luind, decided the victory, and the royalists jirevailed. There are said to have fallen that day, on both sides, near two thousand three hundred gentle- men ; but the persons ot greatest distinction were on the king's : the earl of Staflord, sir Hugh Shirley, sir Nicholas Gausel, sir Hugh Mortimer, sir John Massy, sir .John Calverly. About six thousand private men jieri.'^.ed, of whom two-thirds were of I'ierey's army. The earls of Worcester and Douglas were taken pri- soners : the former was beheaded at Shrewsbury ; the latter was treated with the courtesy due to his rank and merit. The carl of Nortlunuborland, having recovered from his sickness, had levied a fresh army, and was on his inarch to join his sou ; but being opjjosod by the earl of Westmoreland, and hearing of the defeat at Shrews- bury, he dismissed his forces, and came with a small retinue to the king at York. He pretended that his sole intention in arming w.is to mediate between the l)arties: Henry thought proper to accept of the apo- logy, and even granted him a pardon for his offence : all the other rebels were treated with equal lenity; and, e.\cept the earl of Worcester and sir Richard Vernon, who were regarded as the chief .authors of tlie insurrection, no person engaged in this dangerous enterprise seems to have i)erished by the hands of the cuccutioner. 1403. But Northumberland, tliongh he had been pardoned, kuow that ho never should be tnisted, and that he w.as too powerful to be cordially forgiven by .a priuce whose situation gave him such reasonable grounds of jealousy. It w.is the eft'ect either of Henry's vigi- lance or good fortune, or of the narrow genius of his iiiemieB, that no proper concert was ever formed among them : they rose iu i-ebellion one aft(T another; and thereby afi'oided him an o]ij)ortunity of suppress- ing singly those insurrections, which, had they buen united, might have proved fatal to his authority. The carl of Nottingham, son of the duke of Norfolk, and the archbishop of York, brother to the earl of Wilt- shire, whom Henry, then duke of Lancaster, hiid be- headed at Bristol, though they had remained quiet while Piercy w;i-s in the field, still harboured in their breast a violent hatred .-.gainst the enemy of theij" families; and they determined, in conjunction with the earl of Northumberland, to seek revenge against him. They betook themselves to arms before that powerful uoblenian was prepared to join them; and publitliing a manifesto, in which they reproached Henry with his usurpation of tlie crown, and the murder of the late king, they required that the right line should Lc re- stored, and ail public grievances be redressed. The earl of Westmoreland, whose power lay iu the neigh- bourhood, approached them with an inferior force at Khipton, near York ; and, being afraid to hazard an action, he attempted to subdue them by a stratagem, which nothing but the greatest folly and simpheity on their i)art could have rendered successful. He desired a conference with the archbishop ami earl between the armies : he heard their grievances with great pa- tience: ho begged them to jiropose the remedies: he approved of every expedient which they suggest- ed : ho granted them all their demands : he also engaged that Henry should give them entire satisfac- tion ; and when he saw them pleased with the facility of his concessions, he observed to them, that siuce amity was now, in effect, restored between them, it were better on both sides to dismiss their forces, which otherwise would prove an insupportable burden to the country. The archbishop and the carl of -Nottingham immediately gave directions to that jmrpose : their troops disbanded \\\>o\\ the field: but Westmoreland, who had secretly issued contrary orders to his army, seized the two rebels without resistance, and carried them to the king, who was advancing with hasty marches to suppress the insurrection. The trial an^ punishment of an archbishop might have proved a troublesome and dangerous undertaking, had Ueniy proceeded regularly, and allowed time for an opjiosi- tion to form itself against that unusual measure: the celerity of the execution alone could here render it safe and prudent. Finding that sir Wilhani Gascoigne, the chief-justice, made some scruple of acting ou this oc- casion, he appointed sir William Fulthorp for judge; who, without any indictment, trial, or defence, pro- nounced sentence of death upon the prelate, which was presently executed. This was the first instance in England of a capital punishment iufiicted on a bishop; whence the clergy of that rank might learn that their crimes, more than those of laics, were not to pass with impunity. The earl of Nottingham was condemned and executed in the same summary manner : but though many other persons of condition, such .as lord Faleonberg, sir Ralph Hastings, sir John Colville, were engaged in this rebelhon, no others seem to have fallen victims to Henry's severity. The carl of Northumberland, on receiving this in- telligence, fied into Scotland, together with lord P.ar- dolf, .and the king without opposition reduced all the ca.stles and fortresses belonging to these noblemen, lie thence turned his arms against Glendour, over whom his son, the prince of Wales, had obtained some advantages: but that enemy, more troublesome than dangerous, still fomid means of defending him- self iu his fastnesses, and of eluding, though not resist- ing, all the force of England. In a subsequent sea- son, [1407,] the earl of Northumberland and hud Uardolf, impatient of their exile, entered the i.orth in hopes of raising the people to arms ; but found the country in such a posture as rendered all their at- tempt:; unsuccessful. Sir Thomas Rokesby, shciifFol Yorkshii-e, levied some forces, attacked the invaders 254 THE HISTORY OF ENGLAND. [CnAr. XVIII. at Bramhain, and gained a victory, iu ■n-liich botli Nortluimberiaiul and Baidolf were slain. Tliis pros- perous event, joined to the death of Glondoni', wliich happened soon aftei', freed Henry from all hi.-, domestic enemies; and this prince, who had mounted the throne by such unj\istifiable means, and held it by .such an exceptionable title, had yet, by his valour, prudence, and address, accustomed the peoide to the yoke, and had obtained a greater ascendant over his haughty barons than the law alone, not supported by these ac- tive quahties, was ever able to confer. About the same time, fortune gave Henry an advan- tage over that neighbour who, by his situation, was most enabled to disturb his government. Itobert III., king of Scots, was a prince, though of slender capacity, extremely innocent and inofi'ensivein his conduct : but Scotland, at that time, was still less fitted than Eng- land for cherishing, or even enduring, sovereigns of that character. The duke of Albany, Itobert's brother, a prince of more abilities, at least of a more boisterous and violent disposition, had assumed the government of the state ; and, not satisfied with present autliority, he entertained the criminal purpose of extirpating his brother's childi-en, and of acquiring the crown to his own family, lie threw in prison David, his eldest ne)jhcw, who there perished by hunger : .lames alone, the 3-ounger brother of David, stood between that tyrant and the throne; and king Hobert, sensible of his son's danger, embarked him on board a ship, witli a view of sending him to France, and entrusting him to the protection of that friendly power. Unfortu- nately, the vessel was taken by the English ; prince James, a boy about nine years of age, was carried to London ; .and though there subsisted at that time a truce between the kingdoms, Henry refused to re- store the young prince to his liberty. Eobert, worn out with cares and infirmities, was unable to bear the shock of this last misfortune ; and he soon after died, leaving the government in the hands of the didie of Albany. Henry was now more sensible than ever of the importance of the acquisition which he had made: wlulehe retained such a pledge, he was sure of keeping the duke of Albany iu dependence ; or, if ofl'endedj lie could easily, by restoring the true heir, take amjjle re- venge upon the usurper. But though the king, by detaining James in the English court, had shown him- self somewhat deficient in generosity, he made ample amends by giving that prince an excellent education, which afterwards qualified him, when he mounted the throne, to reform, in some measure, the rude and bar- barous manners of his native country. The hostile dispositions which of late had prevailed between France and England were restraiued, during the greater part of fliis reign, from a])pcaring in action. The jealousies and civil commotions with which both nations were disturbed, kept each of them from talcing advantage of the imhapjiy siti;ation of its neighbour. But as the abilities and good fortune of Henry had sooner been able to compose the English factions, this prince began in the latter part of his reign to look abroad, and to foment the animosities between the families of Burgundy and Orleans, by which the government of France w.is, during that period, so much distracted. He knew that one great source of the national discontent against liis predeces- sor was the in.activity of his reign; and he lioped, by giving a new direction to the restless and unquiet spirits of his people, to prevent their breaking out in domes- tic wi.TS and disorders. Thiit he might unite policy with force, lie first entered into ti-eaty [1411] witli the duke of Burgimdy, and sent that prince a small body of troops, winch supported him against his enemies. Soon after, he heaikencd to more advantageous pi'o- posals made him by the duke of Orleans, and dis. patched a greater body to support that party. [1412.] But the leaders of the o]iposite factions h.wng made temporary accommodation, the interests of the English were sacrificed ; and this efl'ort of Uenry proved, in the issue, entirely vain and fi-uitlcss. The declining state of his health, and the .shortness of his reign, pre- vented him from renewing the attempt, which h-'s more fortunate sou carried to so great a length agaiuat the French monarchy. PARLIAMENTARY TRANSACTIONS. Such were the military and foreign transactions of this reign : the civil and parliamentary are somewhat more memorable, and more worthy of our attention. During the two last reigns, the elections of the com- mons had appeared a circumstance of government not to be neglected ; and Richard was even aceiLsed of using unwarrantable methods for procuring to his par- tisans a seat in that house. This practice formed one considerable article of charge against him iu his depo- sition; yet Henry scrupled not to tread in his foot- steps, and to encourage the same abuses iu elections. Laws were enacted against such undue influence, and even a sheriff was punished for an iniquitous j-eturn which he had made: but laws were commonly, at that time, verj' ill executed ; and the liberties of tlie people, such as they were, stood on a surer basis than on laws and jjai'liamentary elections. Though the house of commons was little able to withstand the violent currents which perpetually ran between the monarchy and the aristocracy, and though that house might easily be brought, at a particidav time, to make the most un- warrantable coucessious to either ; the general institu- tions of the state still remained invariable ; the inte- rests of the several members continued on the same footing ; the swonl was in the hands of the subject ; and the goverument, though thrown into temporary disorder, soon settled itself on its ancient foundations. During the greater part of this reign, the king was obliged to court popularity ; and the house of commons, sensible of their own importance, began to assume powers which had not usually been exercised by their predecessors. In the first year of Ueniy, they pro- cured a law, that no judge, in concurring with any iniquitcus measure, should be excused by jileadiug the orders of the long, or even the danger of his own life from the menaces of the sovereign. In the second year, they insisted on maintaining the practice of not granting any sujiidy before they received an answer to their petitions ; which was a tacit manner of bargaining with the prince. In the fifth year, they desired the king to remove from his household four persons who had displeased them, among wdiom was his own con- fessor ; and Henry, though he told them that he knew of no offence which these men had committed, yet, in order to gratify them, complied with their I'djuest. In the sixth year, they voted the king supplies, but. appointed treasurers of their own, to see the money disbursed for the purposes intended, and required them to deliver iu their accounts to the house. In the eighth year, they proposed, for the regulation of the government and household, thirty important articles, which were all agreed to; and they even obhgedallthe members of council, all the judges, dud all the ofHcers of the household, to swear to the observance of them. The ahridger of the records remarks the unusual liberties taken by the speaker and the house during this period. But the great authority of the commons M'as but a temijorary advantage, arising from the i):e- sent situation. Iu a subsequent parliament, w hen llic speaker made his customary application to the throne for liberty of speech, the king, having now overcome all his domestic difiiculties, plainly told him, that he would have no novelties introduced, and would enjoy his prerogatives. But on the whole, the limitations of the government seem to have been more sensibly felt, and more carefully maintained by Henry, than by any of his predecessors. During this reign, when the house of commons were, at any time, brought to make unwary concessions to the crown, they also showed tUeii' freedom by a speedy CHAP. XVI 1 1. 1 HENRY IV. myj— 1413. 2ou retraction of tlieiii. lloury, tliough he entertained a perpetual anil wcll-gronndcd jealousy of the I'aniily of Jlortinicr, allowed not their name to be once men- tioned in ]iLuliainent ; and as none of the rebels had ventured to declare the earl of JIarche king, lie never attempted to procure, what would not have been re- fused him, an express declaration against the claim of that noljleman ; because he knew that such a declara- tion, in the present circumstances, would have no au- thority, and woidd only servo to revive the memory of Mortimer's title in the minds of the people. He pro- ceeded in his purpose after a more artful and covert manner. He jiroeurcd a settlement of tlie crown on himself and his heii-s-nuile, thereby tacitly excluding the females, and transferring the Salic law into the English government. He thought, that though the house of riantagenet had at first derived their title from a female, tliis was a rer.iote event, nnknown to the generality of the people ; and if he could once ac- custom them to tile practice of excluding women, the tith; of the eai-1 of JIarche would gradually be forgotten .■uid neglected by them. But he wa.s very unfortunate in this attempt. During the long contests with France, the injustice of the S.alic law had been so much ex- claimed against by the nation, that a contrary principle had talcen deep root in the minds of men ; and it was now become impossible to eradicate it. The same house of commons, therefore, in a subsequent session, ap- prehensive that they had overturned the foundations of the Knglisli government, and that they had opened the door to more civil wars than might ensue even from the irregular elevation of the house of Lancaster, ap- plied with such earaestness for a new settlement of the crown, tliat Henry yielded to their request, and agreed to the successiim of the princesses of his family. A certain proof, that nobody was, in Irs heart, satisfied ■with the king's title to the crown, or knew on what principle to rest it. 15nt though the commons during this reign showed a laudable zeal for liberty in their transactions with the crown, their eft'orts against the church w ere still more extraordinary, and seemed to anticipate very much tlie spirit which became so general in a little more than a century afterwards. I know that the credit of tliese passages rests entirely on one ancient historian ; but that historian was contemporary, was a, clergyman, and it was contrary to the interests of his oi der to preserve the memory of such transactions, much more to forge precedents whicli posterity might some time be tempted to imitate. This is a truth so evident, tliat the most likely way of accounting for the silence of the records on this head, is by supposing tiuit the authority of some churchmen was so great as to procure a razuie, with regard to these circumstances, wbicli the indiscre- tion of one of that order has happily preserved to us. In the sixth of Henry, the commons, who had been required to grant supplies, proposed in ])lain terms to the king, that he should seize all the temporalities of the church, and employ lliemas a perpetual fuud to serve the exigencies of the state. They insisted that the clergy possessed a third of the lands in the kingdom ; that they contributed nothing to the public burdens; and that their riches tended only to disqualify them from performing their ministerial functions with proper zeal ar.d attention. When this address wits presented, the archbishop of Canterbury, who then attended the king, objected that the clergy, thougli tliey wen.t not in person to the wars, sent their vassals and tenants in all c.ises of necessity ; while, at the same time, they themselves, who stayed at home, were employed night and day in oft'eriug up tlieir prayers for the happiness and prosperity of the state. The speaker smiled, and answered, without reserve, that he thought the prayers of the church but a very slender supply. The arch- bishop, however, prevailed in the dispute : the king discouraged the application of the commons : .and tlie lords rejected the bill which the lower house had fromod for stripping the church of her revenues. The commons were not discouraged by this repulse; in the eleventh of the king they returned to the cliargn with more zeal than before : they made a calculation of .ill the ecclesiastical revenues, which, by their ac- count, amounted to 485, OUO marks a year, and con- tained li!,l(ll) )j|oiighs of ianil. They piojiosed to divide this property among fifteen new calls, ITitW knights, CllOO esquires, and a hundred hospitals ; be. sides 20,000 pounds a year, which tlic king might take for his own ui^e : and they insisted that the clerical functions would be belter porformcd than at present by 1 j,000 parish priests, paid at the rate of seven marks a-piece of yearly stiiicnd. This application w.as ac- companied with an address for mitigating the statutes enacted against the Lollards, which shows from what source the .address came. The king gave the commons a severe reply ; and further to satisfy the church, and to prove that he was quite in earnest, he ordered a Lollard to be burned before the dissolution of the parliament. DEATH AXD CHAKACTER OF THE KING. 1-113. We have now related almost all the memor- able transactions of this reign, which was busy and active, but ])roduced few events that deserve to be transmitted to posterity. The king was so much em- ployed in defending his crown, which he had obtained by unwarrantable means, and possessed by a bad title, that he had little leisure to look abroad, or |)crform any action which might redound to the honour or ad- vantage of the nation. His health declined some months before his death ; he was subject to fits, which bereaved him for the time of his senses; and, though he was yet in the flower of his age, his end was visibly approaching. He expired atWestminster, (20th March,) in the forty-sixth year of his age, and the thirteenth of his reign. The great popularity which Henry enjoyed before he attained the crown, and which had so much aided him in the acquisition of it, was entirely lost many years before the end of his reign ; and he governed his people more Iiy terror than by aft'ection, mere by his own policy than by their sense of duty or allegiance. When men came to reflect, in cool blood, on the crimes which had led him to the throne; the rebellion against his prince ; the deposition of a lawful king, guilty sometimes, perhaps, of oppression, but more frequently of indiscretion ; the exclusion of the true heir; the murder of his sovereign and near relation ; these were such enormities as drew on him the hatred of his sub- jects, sanctified all the rebelliuns against him, and made the executions, though not lemarkably severe, which he found necessary for the maintenance of his authority, appear cruel as well as iniquitous to the people. Yet, w ithout pretending to apologize for these crimes, w hich must ever be held in detestation, it ni.ay be remarked that he was insensibly led into this bl.am- able conduct by a train of incidents which few men possess virtue enough to withstand. The injustice witli. which his predecessor had treated him, in first condemning him to banishment, then despoiling him of his patrimony, made him naturally think of revenge, and of recovering his lost rights; the headlong zeal of the people hurried him into the throne ; the care of his own security, as well as his ambition, made him an usurper; and the steps have always been so few be- tween the prisons of princes and their graves, that we need not wonder that Kichard's fate was no exceiition to the general rule. All these considerations make Henry "s situation, if he retained any sense of virtue, nnich to be lanuutcd ; and the inquietude with which he possessed hiseuvied greatness, and the remorses by which, it is said, he was continually haunted, render him an obiect of our pity, even when seated upon the throne. Hut it must be owned, that his prudence and vigilance and foresight in maintaining his power were admirable ; liis command of temper remarkable ; his 2S6 THE HISTORY OF ENGLAND. [CuAi'. XIK courage, both military and political, without blemish ; and ho possessed many qualities which fitted him for his high station, and whieli rendered his usurjiation of it, thon!;h pernicious in after times, rather salutary during his own reign to the English nation. Ileury ivas twice married : by his first wife, Sfary de Uoluin, daughter and co-heir of the carl of Here- ford, he had four sons, Ileury, his successor in the throne; Tliomas, duke of Clarence; John, duke of Bedford; and lUnnphrey, duke of Gloucester; and two daughters, lilanehe and I'hilippa, the former mar- ried to the duke of Bavaria, the latter to the king of Denmark. His second wife, Jane, whom lie married after he was king, aud who was daughter of the king of Navarre, and widow of the duke of Britanny, brought him no issue. By an act of the fifth of this reign, it is made felony to cut out any person's tongue, or put out his eyes ; crimes which, the act says, were very frequent. This savage spirit of revenge denotes a barbarous people ; though, perhaps, it was increased by the prevailing factious and civil commotions. Commerce was very little understood iu this reign, as in all the preceding. In particular, a great jealousy prevailed against merchant strayigcrs ; and many re- straints vrerc! by law imposed upon them; luamely, that they should l.ay out iu English manufactures or com- modities all the money acquired by the sale of their goods; that they should not buy or sell with one an- other, and that all their goods should be disposed of three months after importation. This last clause was found so inconvenient, that it was soon after repealed by paiHament. It appears that the expense of this king's household amounted to the yearly simi of £19,500, money of that age. Guicci.ardin tells us, that the Flemings in this cen- tury learned from Italy all the refinements in arts, which they taught the rest of Europe. The progress, however, of the arts was still very slow aud backward in England. CII APTEn XIX. HENRY V. Tlie K'nc s former Disnrdrrs His RcformaUoD The Lollards I'unbhment uf I.ord C"Miam Swte of France Invasion of tliat KiriKi'om Haitlc of Azincnurt State of France New Invasion of France Assassina;ion of the Duke of Burgundy Trcntv of Ti-ijve Marriage of the Kin? His Jkath and Characler Mis- cclloneous Transa-jtions during this Itcijn. THE KING'S FORJIER DISORDERS. 1413. 'I'^IIE many jealousies to which Henry IV.'s situa- i tion naturally exposed him had so infected his temper, that he had entertained unreasonable suspi- cions with regard to the fidelity of his eldest son; aud, doling the latter years of his life, he had ex eluded tliat prince from all share in public busi- ness, .and was even displeased to see him at the head of armies, where his martial talents, though useful to the sujiport of government, acquired him a renown, which, he thought, might prove dangerous to his own authority. Tlie active spirit of young Ileury, lestraiued from its proper exercise, broke out into extravagancies of every kind; iind the riot of jdea- Buro, the frolic of debauchery, the outrage of wine, tilled the vacancies of a inhid better adapted to the pursuits of ambition and the cares of government. This course of life threw him among companions whose disorders, if accompanied with spirit and hu- mour, ht iuiiulged aud seconded ; aud he was detected in many sallies, which, to severer eyes, appeared to- tally unworthy of his r.ank and station. There eveu remains a tradition, that, when heated with liquor aud jollity, he scrujiled not to accompany his riotous asso- ciates in attacking the passengers on the streets and liighw.ays, and despoiling them of their goods; and ho found an amusement in the incidents which the terror and regret of these defenceless people produced on such occasions. This extreme of dissoluteness proved equally disagreeable to his fatlier, as that eager aiqilication to business which had at first given him occasion of jea- lousy ; and he saw, in his son's behaviour, the same ueglect of decency, the same attachment to low com- pany, which had degraded tlie personal character of llichaid, and which, more than all his errors in goveru- mcut, had tended to overturn his throne. But the na- tion in general considered the young prince w ith more indulgence ; and observed so many gleams of gene- rosity, spirit, and magnanimity, breaking continually through the cloud which a wild conduct threw over his character, that tliej' never ceased hoping for his .amendment ; and they ascribed all the weeds, which shot up in that rich soil, to the want of proper culture and attention in the king and his ministers. There h.appened an incident which encouraged these .agree- able views, and gave much occasion for favoural>le re- flections to all men of sense and candour. A riotous comp.anion of the prince's had been indicted before G.ascoigne, the chief-justice, for some disorders; and Henry was not ashamed to appear at the bar with the criminal, in order to give him countenance and pro- tection. Finding that his presence bad not overawed the chief-justice, he proceeded to insult that magis- trate on his tribunal ; but Gascoigne, mindful of the character which he then bore, and the m.ajesty of the sovereign and of the laws, which he sustained, ordered the luinee to be carried to prison for his rude beha- viour. The spectators were agreeably disappointed when tliey saw the heir of the crown submit peaceably to this sentence, make reparation for his error by acknow- ledging it, .and check his impetuous nature in tlie midst of its extravagant career. The memory of this incident, and m.any others of a like nature, rendered the prospect of the future reign nowise dis.agree.able to the nation, and increased the joy which the death of so unpopular a prince as the late king naturally occasioned. The first steps taken by the young prince confirmed all those preposses- sions entertained in his favour. He called together his former companions, acquainted tliem with his in- tended reformation, exhorted them to imitate his ex- ample, but strictly inhibited them, till they liad given proofs of their sincerity iu this particular, from apjirar- ing any more in his presence; and he thus dismissed them with liberal presents. The wise ministers of his father, who had checked his riots, found that they had unknowingly been paying the highest coni't to him ; and were received with all the marks of favour aud confidence. The chief-justice himself, who trembled to appio.ach the royal pretence, met with praises instead of reproaches for his past conduct, and was exhorted to persevere in the same rigorous and impartial execution of the laws. The surprise of those who expected an ojtiiosite behaviour augmented tlieir satisfaction ; and tlie character of the young king appeared brighter tlian if it had never been shaded by any errors. But Henry was anxious not only to repair his own misconduct, but also to m.ake .amends for those iui- quities into which policy or tlie necessity of atiaiis had betrayed his father. He expressed the deepest sorrow for the fate of the unhappy Richard, did justice to the memory of that unfortunate prince, even performed his funeral obsequies witli pomp and solemnity, and cherished all those \\hohad distinguished theniselves by their loyalty and attachment towards him. Instead of continuing the restraints which tlie jealousy of his father had imposed on the e.arl of i\Iarclie, he received that young nobleman with singidar courtesy auil fa.- Chap. XIX.J HENRY V. 1413—1422. vour ; and by this magnanimity so gained on the gentle and unambitious nature of his competitor, that lie re- muiucil ever after sincerely attached to him, and gave him no disturbance in his future government. The family of Piercy was restored to its fortune and ho- nours. The king seemed ambitious to bury all party- distinctions in oblivion: the instruuients of the pre- ceding reign, who had been advanced from their blind zeal for the Lancastrian interests, niore than from their merits, gave place everywhere to men of more honour- able characters : virtue seemed now to have an open career, in which it might exert itself : the exhortations, as well as example, of the prince gave it encourage- ment : all men were unanimous in their attachment to Heniy ; and the defects of his title were forgotten amidst the personal regard which was universally paid to him. THE LOLLAUDS. Tlierc remained among the people only one parly- distinction, which was derived from religious differ- ences, and which, as it is of a peculiar, and commonly a very obstinate nature, the popularity of Henry wjis not able to overcome. The Lollarils were every day in- creasing in tlio kingdom, and were become a formed party, which aiii)eared extremely dangerous to the church, and even formidable to the civil authority. The enthusiasm by which these sectaries were gene- rally actuated, the great alterations which they pre- tended to introduce, the hatred which they expressed agrofessors to an unusual degree of imporlance ; and this connexion between literature and su])erstitionhad bestowed on the former a weight to which reason and knowledge arc not of themselves anywise entitled among men. But there was another society whose sentiments were mueh more decisive at Paris, the fra- ternity of butchers, who, mider the direction of theii ringleaders, had declared for the duke of Burgundy, and committed the most violent outrages against the opposite party. To counterbalance their power, the Armagnaus made interest with the fraternity of car- penters ; the populace ranged themselves on one side or the other ; and the fate of the eajjital depended on the prevalence of either party. The advantage which might be made of these con- fusions, was easily perceived in England ; and, accord- ing to the maxims which usually ])revailed among nations, it was determined to l.ay hold of the favour- ] able opportunity. The late king, wdio was courted by both the French parties, fomented the quarrel, by alter- nately sending assistance to each ; but the present sovereign, impelled by the vigour of youth, aiul the ardour of ambition, determined to push his advantages to a greater length, and to carry violent war into that distracted kingdom. But while he was making pre- parations for this end, he tried to effect his purpose by negociation ; and he sent over ambassadors to Paris, offering a perpetual peace and alliance ; but demand- ing Catherine, the French king's daughter, in m.arriage, two millions of crowns as her portion, one million six hundred thousand as the arrears of king John's ran- som, and the immediate possession and full sove- reignty of Normandy, and of all the other provinces wliich had been ravished from England by the arms of Philip Augustus ; together with the sujieriority of liritanny and Flanders. Such exorbitant demands show that be was sensible of the present miserable condition of France ; and the terms offered by the French coni-t, though much inferioi-, discovered the consciousness of the same melancholy truth. They were willing to give him the princess in marriage, to pay him eight hundred thousand crowns, to resign the entire sovereignty of Guienne, .and to annex to that province the country of Perigord, Rovergue, Xain- tonge, the Augoumois, and other territories.* As Henry rejected these conditions, and scarcely hoped that bis own demands would be complied with, he never intermitted a moment his preparations for war, ■ [fis repnitt'J by snme liistnrmnK (Sec Hist. Croy. Cont. p. .^lOO) that llie Dauphin, in deii^ion of Henry's claims and dissohue character, sent him ft lifix of teiinis-bftlls, intinialinfj that these implements of pl.ly Mere better ii-Iftpted to him than the instrullienlsof war. luit this story is by no means creilible ; the (^reat offers made by the timrt of Kranie, show that llley had iiircad^' entertAiucd a just idea of Herr^''6 character, lu well aa of ihc^r own situation. Chap. XIX.] HENRY V. 141:3—1422 259 and Iia-viDg assembled a great fleet and army at South- ampton, liaving invited all the nobility and military men of the kingdom to attend liim, by the hopes of glory and con(iiiest, he cumo to tlie sea-side, with a purpose of embarlcing on his expedition. But while Henry was meditating conquests upon Ills neighbours, he unexpectedly found liimself in dan- ger from a conspiracy at home, which was happily de- tected in its infancy. The earl of Cambridge, second son of the hito duke of York, liaviug espoused the sister of the earl of Marche, had zealously embraced the interests of that family ; and liad held some conferences with lord .Scro])e, of Masliam, and sir Thomas Grey, of Ueton, about the means of recovering to that noble- man his right to the crown of England. The conspira- tors, as soon as detected, acknowledged tUcir guilt to the king ; and Henry proceeded without delay to their trial and condemnation. The utmost that could be expected of the best king in those ages, was, that he would so far observe the essentials of justice, as not to make an innocent person a victim to his severity : but as to the fonnaUties of law, which are often as material as tlio essentials themselves, they were sacrificed with- out scruple to the lea.st interest or convenience. A jury of commoners was summoned : the three conspi- rators were indicted before them ; the constable of Southampton castle swoie that they had separately confessed their guilt to him : without other evidence, sir Thomas Grey was condemned and executed : but as the earl of Cambridge and I^ord Scrope pleaded the privilege of their peerage, Henry thought jiroper to summon a court of eighteen barons, in which the duke of Clarence ])resided : the evidence gi\en before the jury was read to them : the prisoners, though one of them was a i)rince of the blood, were not examined, nor produced in court, nor heard in their own defence ; but received sentence of death upon this jiroof, which w.is evei-y way irregular and unsatisfactory ; and the sentence was soon after executed. The carl of Slarche was accused of having given his approbation to the :"onspiracy, and received a general pardon from the iiing. lie was piobably either innocent of the criuie imputed to him, or had made reparation by his early repentance and discovery. INVASION OF FRANCE. The successes which the arms of England have, in different ages, obtained over those of France, have been much owing to the favourable situation of the fonner kingdom. The English, happily seated in an island, coulil make advantage of every misfortune which attended their neighbours, and were little ex- posed to the danger of reprisals. They never left their own coinitiy but when they were conducted by a king of extraordinary genius, or found their enemy divided by intestine factions, or were supported by a powerful alliance on the continent ; and as all these circumstances concurred at present to favour their enterprise, they had reason to expect from it propor- tionable success. The duke of Burgundy, expelled Fi-ance by a combination of the princes, had been secretly soliciting the alliance of England ; and Henry knew that this prince, though he scrupled at first to join the inveterate enemy of liis country, would wil- lingly, if he saw any probability of success, both assist niui with his Flemish subjects, and draw over to the same side all his numerous partisans in France. Trust- ing, therefore, to this circumstance, but without estab- lishing any concert with the duke, iie put to sea, 14th of August, and landed near Hai-fleur, at the head of an army of GOOO men-at-arms, and 24,000 foot, mostly archers. He immediately began the siege of that place, which was valiantly defended by d'Estouteville, and under him by the Guitri, de Gaueourt, and others of the French nobility ; but as the garrison was weak, and the fortifications in bad repair, the governor was bX last obliged to capitulate ; and he promised to sur- render the place if he received no succour before the eighteenth of September. The day came, and there was no ai)pearance of a French army to relieve him. Henry, taking jjossession of the town, placed a garri- son in it, and expelled all the French inhabitants, with an intention of peopling it anew with English. The fatigues of this siege, and the unusual heat of the season, had so wasted the English army, that Henry could enter on no further enterprise; and was obliged to think of returning into England. He had dismissed his tiansports, which could not anchor in an oj)en load upon the enemy's coasts : and he lay under a necessity of marching hy laud to Calais, before he could reach a place of safety. A numerous I'rench army of 14,000 men-at-arms, and 40,000 foot, was by this time assembleil in Normandy, under the constable d'Albert ; a force which, if jirudently conducted, was sufficient cither to trample down the English in the open field, or to harass and reduce to nothing their small army, before they could finish so long and diffi- cult a march. Henry, therefore, cautiously offered to sacrifice his conquest of Harfleur for a safe passage to Calais ; but his proposals being rejected, he deter- mined to make his way by valour and conduct through all the opposition of the enemy. That he might not discourage his army by the a]>pearance of flight, or expose them to those hazards which naturally attend precipitate marches, he made slow and deliberate jour- neys, till he reached the Soinme, which he purposed to pass at the ford of Blanquetague,the same place where Edward, in a like situation, had before escaped from Philip de Valois. But he found the ford rendered im- passable by the precaution of the French general, and guarded by a strong body on the opposite bank ; and he was obliged to march higher up the river, in order to seek for a safe passage. He was continually ha- rassed on his march by flying parties of the enemy ; saw bodies of troops on the other side ready to oppose evei-y attempt; his prorisions were cut off; his sol- diers languished with sickness and fatigue ; and his aftairs seemed to be reduced to a desperate s-ituatioii ; when he was so dexterous or so fortunate as to seize by surprise a passage near St. Qnintin, which had not been sufiiciently guarded ; and he safely carried ovei his army. BATTLE OF AZINCOUR. Oclober 25. Henry then bent his inarch northwards to Calais ; but he was still exposed to great and imminent danger from the enemy, w ho had also passed the Somme, and threw themselves full in his way, with a purpose of intercepting his retreat. After he had passed the small river of Ternois at Blangi, he was surprised to observe from the heights the whole French army drawn up in the plains of Azincour, and so posted, that it was impossible for him to proceed on his march without coming to an engagement. Nothing in ap- pearance could be more unequal than the battle, upon which his safety and all his fortunes now depended. The English army was little more than half the num- ber which had disembarked at Harfleur ; and they laboured under every discouragement and necessity. The enemy was fom- times more numerous ; was headed by the dauphin and all the princes of the blood ; and was ])lentifully supplied with provisions of every kind. Henry's situation was exactly similar to that of Edward at Crecy, and that of the Black Prince at Poictiers ; and the memory of these great events, inspiring the English with courage, made them hope for a like deliverance from their present difficulties. The Icing likewise observed the same prudent conduct which had been followed liy these great commanders : he drew up his army on a narrow ground between two woods, which guarded each flank ; and he patiently expected in that posture the attack of the enemy. Had the French constable been able either to rea- son justly upon the present circumstances of the two 260 THE HISTORY OF ENGLAND. [Chap. XJX ai-nnes, or to inofit hy p.ist experience, he had declined a combat, and liad waited till necessity, ublijriiig the Englisli to advance, had made them relinqnish the advantages of theii- situation. But the inipetuous valour ot" tlie nobility, and a vain coulidcncu in su- perior numbers, brou'glit on this fatal action, which proved the source of infinite cahunitics to their couu- I try. The French archers on horseback and their men- at-arms, crowded in their ranks, advanced njion the English archers, who had fixed palisadoesin tlieir front to break the impression of the enemy, and who safely plied them, from behind that defence, with a shower of arrows which nothing could resist. The clay soil, moistened by some rain which had lately fallen, proved another obstacle to the force of tlie rrencli cavalry : the wounded men and horses discomposed their ranks : tlie narrow comi)ass in which they were pent, hindered them from recovering any order: the whole army was a scene of confusion, terror, and dis- may : and Henry, perceiving his advantage, ordered the English archers, who were light and unencum- bered, to advance upon the enemy and seize the moment of \-ictory. They fell with their battle-axes upon the French, who, in their present posture, were incapable either of flying or of making defence : they hewed them in pieces without resistance : and being seconded by the men-at-arms, who also pushed on against the enemy, they covered the field with the killed, wounded, dismounted, and overthrown. After all ajjpeararxe of opposition was over, the Knglish had leisure to make prisoners ; and having advanced with uninterrupted success to tlie ojjen plain, they there saw the remains of the French rear-guard, which still maintained the apjiearance of a line of battle. At the same time, they heard au alarm from l)ehind : some gentlemen of Picardy, having collected about GOO peasants, had fallen upon the English baggage, and were doing execution on the unarmed followers of the camp, who fled before them. Henry, seeing the enemy on all sides of him, began to entertain appre- hensions from his prisoners ; and he thought it neces- sary to issue general orders for i>utting them to death : but on discovering the truth, he stopped the slaughter, and was still able to save a great number. No battle was ever more fata! to France, by the number of princes and nobility slain or taken prison- ers. Among the former were the constable himself, the count of Nevers and the duke of Brabant, bro- thers to the duke of Burgundy, the count of A^aude- mont, biother to the duke of Lorr.aiue, the duke of Aleufon, the duke of Bane, the count of Marie. The most eminent prisoners wore the dukes of Orleiins and Bourbon, the counts d'Eu, Vendome, and Riche- mput, and the niareschal of Boucicaut. An archbishop of Sens also was slain in this battle. The killed are computed, on the whole, to have amounted to ten thousand men ; and as the sl.aughter fell chiefly upon the cavalry, it is pretended, that of these eight thou- aand were gentiemeu. Henry was master of 14,000 prisoners. The person of chief note who fell among the English, was the duke of York, who perished fighting iiy the king's side, and had an end more honour- able tlian his life. He was succeeded in his honours .ind fortune by his nephew, son of the earl of Cam- bridge, executed in the beginning of the year. All the English who were slain exceeded not forty ; though some writers, with great probability, make the number inore considerable. The three great battles of Crecy, Poictiers, and Azincour bear a singular resemblance to each other in their most considerable circumstances. In all of them, there appears the same temerity in the English princes, who, without any object of inoineiit, merely for the sake of plunder, had ventured so far into the enemy's coun- try as to leave themselves no retreat ; and unless saved by the utmost ini]uudence in the French com- manders, were from their very situation, exposed to inevitable destruction. But, allowance being made for this temerity, which, according to the irregular plans of war followed in those ages, seems to have been, in some measure, unavoidable, there appears in the day of action the same presence of mind, dexterity, cou- rage, firmness, and precaution, on the ]iart of the English ; the same precipitation, confusion, and vain confidence, on the part of the French : and the events were such as might have been expected from such ojiposite conduct. The immediate consequences too if these three great victories were similar: instead of pushing the French with vigour, and taking advantage of their consternation, the English jiriiices, after their victory, seem rather to have relaxed their efl'orts, and to have allowed the enemy leisure to recover from his losses. Henry interriqited not his march a mcuncnt after the battle of Azincour ; he carried his prisoners to Calais, thence to Ihigland ; he never concluded a truce with the enemy ; and it was not till after an interval of two years that any body of English troops appeared in France. The poverty of all the Eurojjean jirinces, and (he small resources of their kingdoms, were the cause of these continual interruptions in their hostilities; and though the maxims of war were in general destruc- tive, their military operations were mere incursions, which, without any settled pl.an, they carried on against each other. The lustre, however, attending the victory of Azincour, ]n-ocured some supplies from the English parliament, tliough still unequal to tlie expenses of a campaign. They granted Henry an entire fifteenth of moveables; and they conferred on him, /or life, tlie duties of tonnage and poundage, and the subsidies on the exportation of wool and leather. This concession is more considerable than that which had been granted to Richard II. by his last parliament, and which was afterwards, on his deposition, made so great au article of charge against him. STATE OF FRANCE. But during this interruption of hostilities from Eng- land, France was exposed to all the furies of civil war ; and the several parties became every day more enraged against each other. The duke of Burgundy, confident that the French ministers and generals were entirely discredited by the misfortune at Azincour, advanced with a groat army to Paris, and attempted to reinstate himself in possession of the government as well as of the person of the king. But his partisans in that city were overawed by the court and kept in subjection: the duke despaired of success ; and he retired with his forces, which he immediately dislianded in the Low Countries. lie was soon after [1-llGj invited to make a new attempt, by some violent quarrels which broke out in the royal family. The ciueen Isabella, daughter of the duke of Bavaria, who had been hitherto an in- veterate enemy to the Burgundian faction, had received a great injury from the other party, which the impla- cable spirit of that princess was never able to forgive. The public necessities obliged the count of Armagnac, created constable of France in the place of d'Albert, to seize the greiit treasures which Isabella .had amassed: and when she expressed her displeasure at this injury, he inspired into the weak mind of the king some jea- lousies concerning her conduct, and pushed him to seize and ]nit to the torture, and afterwards throw into the Seine, Bois-bourdon, her favourite, whom he accused of a commerce of gallantry with that iirincess. The queen herself was sent to Tours, and confined under a guard ; and, after suffering these multiplied insults, she no longer scrupled to enter into a corre- spondence with the duke of Burgundy. As her son, the dauphin Charles, a youth of si.xteen, was entirely governed by the faction of Armagnac, she extended her animosity to him, and sought his destruction with the most unrelenting hatred. She had soon an oppor- tunity of rendering her unnatural purpose eflTectual. The duke of Burgundy, in concert with her, entered Chap. XIX.l HENRY V. 1413—1422. 201 France at the head of agi-oat army: lio made himself master of Amiens, Abbeville, Dourlciis, Slontreiiil, and other towns in Picavdy; Senlis, Uheinis, C'hulons, Troye, and Auxerro, declared themselves of liis parly. He got possession of Beaumont, Pontoise, Vernon, Meulant, Jlontlheri, towns in the neighbourhood of Paris; and carrying furtlier his progress towards the west, he seized Etampes, Chartres, and other fortresses; and was at last able to deliver the queen, who fled to Treye, and openly declared against those ministers who, he said, detained her husband in captivity. Meanwhile the partisans of i3urgundy raised a com- motion in Paris, which always inclined to that faction. Lile-Adani, one of the duke's ca|)tains, was received into tlie city in the night-time, and headed the insur- rections of the people, which in a moment became so impetuous that notliing could oppose it. The person of the king was seized: the daupliin made his escape with difficulty: great numbers of the faction of Arniag- nac were immediately butchered: the count himself, and many persons of note were thrown into prison: murders were daily committed from jirivate animosity, under pretence of faction: and tlie populace, not sati- ated with their fun,-, and deeming the course of public justice too dilatory, broke into the prisons, and put to death the coimt of Armagnac, and all the other nobility who were there confined. NKW INVASION OF FRANCE. August \sl, 1417. Wliile France was in such furious combustion, and was £0 ill-prepared to resist a foreign enemy, Henry, hanng collected some treasure and leWed an army, landed in Normandy at the head of twenty-five thou- sand men ; and met with no considerable opposition from any quarter. He made liimself niaster of Falaise ; Evreux and Caen submitted to him ; [1418;] Ponfe do I'Arche opened its gates; and Henry having subdued all the lower Normandy, and having received a re- enforcement of fifteen tliousand men from England, formed the siege of Koien, which was defended by a garrison of four thousand men, seconded by the in- habitants, to the number of fifteen tliousand. Tlie cardinal des Ursins here attempted to incline hini to- wards peace, and to moderate his inx'tensions : but the king replied to him in such terms as showed that he was fully sensible of all his present advantages. " Do you not see," said he, " that God has led me hither as by the hand! France has no sovereign: I have just pretensions to that kingdom: everything is here in the utmost confusion: no one tliinks of resisting me. Can I have a more sensible proof tliat the Being who dis- poses of empires has determined to put the crown of France upon my he.ad?" But though Henry had opened his mind to this scheme of ambition, he still continued to ncgociate with his enemies, and endeavoured to obtain more secure though less considerable advantages. He made, at the same time, oft'crs of peace to both parties: to the queen and duke of Burgundy on the one hand, who, lia\nng possession of tbe king's person, carried tlie appearace of legal autliority ; and to the dauphin on tbe other, who, being the undoubted heir of the monarchy, was adhered to by every one that paid any regard to the true interests of their country. These two parties also carried on a continual negociation witii each other. Tlie terms proposed on all sides were perpetually varying ; the events of the war and the in- trigues of the cabinet intermingled with each other; and the fate of France remained long in this uncer- tainty. After many negociations, Henry offered the Hijeen and the duke of Burgundy to make peace with them, to espouse the inincess Catherine, and to accept of all the provinces ceded to Edw.ard III. by the treaty of Bretigni, with the addition of Normandy, which he was to receive in full and entire sovereignty. These tcims were submitted to: [1419:] there remained only some circumstances to adjust in order to the ectire completion of the treaty; but in this interval the duke of Burgundy secretly finished his treaty with the dau- phin ; and these two princes agreed to share the royal authority during king Charles's lifetime, and to unite their arms in order to expel foreign enemies. This alliance, w liich seemed to cut oft" from Henry all hopes of further success, proved, in the issue, the most favourable event that could have haiipencd for his pretensions. Whether the dauphin and the duke of Burguudy were ever sincere in their mutual engage- ments, is uncertain, but very fatal eftects resulted from their momentary and seeming union. The two jirinces agreed to an interview in order to concert the means of rendering efil>ctual their common attack on the English; but how both or either of them could with safety venture upon this conference, it seemed some- what difficult to contrive. The ass;issination perpe- trateil by the duke of Burgundy, and still more, his open avowal of the deed and defence of the doctrine, tended to dissolve all the bands of civil society; and even men of honour, who detested the example, might deem it just, on a favourable opportunity, to retaliate upon the author. The duke, therefore, who neither dared to give, nor could pretend to expect, any trust, agreed to all the contrivances for mutual security wliich were proposed by the ministers of the dauphin. The two princes came to Montereau; the duke lodged in the castle; the dauphin in the town, which was divided from the castle by the river Yonne: the bridge between them was chosen for the place of interview; two high rails were drawn across the bridge; the gates on each side were guarded, one by the officers of the dauphin, the other by those of the duke; the princes were to enter into the intermediate space by the op- posite gates, accompanied each by ten persons; and, with all these marks of diffidence, to coucihate their mutual friendship. But it appeared that no precautions are sufficient where laws have no place, and where ail principles of honour are utterly abandoned Tannegui de Cliatel, and others of the dauphin's retainers, liad been zealous partisans of the late duke of Orleans; and they determined to seize the opportunity of re- venging on the assassin the murder of that prince; they no sooner entered the rails than they drew their swords and attacked the duke of Burgundy: bis friends were .astonished, and thought not of maldiig any de- fence ; and all of them either shared his tate or were taken prisoners by the retinue of the dauphin. The extreme youth of this prince made it doubtful whether he had been admitted into the secret of the coiis|)iracy ; but as the deed w.as committed under his eye, by his most intimate friends, who still retained their connexions with him, the blame of the action, which was certainly more imprudent than criminal, fell entirely - Operations Ilattle of Vemeliil Sicpc of Orleans The Maid of Orleans The Siet-'CotOrU-Ans raised 'I'ht King of Kmnce crowned at Hhcims Pridtiice of tlie Dvikcof Ucdford Execution of the M;dd of Orleans . Defection of the Duke ot liurgundy Death of the Du^^e of Mcd- fotd Decline of the Ktiglisli in Kiance Truce with France MarriaRe of the King with Maryarct of Anjou Murder of the Duke of Gloucester State of France Kcnewal of the War with France The English expelled France. GOVERNMENT DURING THE MINORITY. 1-122. DURING the reipns of the Lancastrian princes, the authority of pariiament seems to h.ive been more confirmed, and the jiriviU'ges of the people more re- garded, than dnrinf; any former jicriod ; and the two preceding kinijs, tlioiigli men of great spirit and abi- lities, abstained from such exertions of jn-erogative as even veak princes, ^^ hose title was undis]nited, were tempted to tliink tliey might ventnre upon with im- pnnity. The long minority, of which there was now the prospect, enconraged still further the lords and commons to extend their influence; and without pay- ing much regard to the verbal destination of Henry V., they assumed the power of giving a new arrangement to the whole administration. They declined altoge- ther the name of regent with regard to England. They appointed the duke of Bedford protectoy or guardian of that kingdom, a title which the}' supposed to imply less aiithority: they invested the duke of Gloucester with the same dignity during the absence of his elder brother: and, in order to limit the power of both these princes, they appointed a council, without whose advice and approbation no measure of importance could be determined. The person and education of the infant prince was committed to Henry Ueanfort, bisliop of Winchester, his great-uncle, and the legitimated son of John of Gaunt, duke of Lancaster ; a prelate who, as his family could never have any pretensions to the crown, niiglit s.ifely, they tlionght, be entrusted witli that important charge. The two jirinces, tlie dukes of Bedford and Gloucester, who seemed injured by this plan of government, yet, being persons of great inte- grity and honour, acquiesced in any appointment w hich tended to give security to the public ; and as the wars in France appeared to be the object of greatest moment, they avoided every dispute which migiit throw an ob- Btacle in the way of foreign conquests. STATE OF FRANCE. When the state of affairs between the English and French kings was considered with a superficial eye, cveni-adv.'int.ige seemed to be on tlie side of the former, and the total e.K[iulsion of Charles appeared to be an event which might naturally be expected from the superior power of his competitor. Though Henry was yet in his infancy, the administration w.ns devolved on the didce of Bedford, the most accomplished prince of his age ; whose experience, ]>rudence, valour, and ge- nerosity qualified him for his high office, and en.ibled him botli to maintain union among his friends, and to gain the confidence of his enemies. The whole power of England was at his command : he w.as at tlie head of armies inured to victory: he w.as seconded by the most renowned generals of the age, the earls of Somerset, Warwick, Salisbniy, Suftolk, and .Arundel, sir .lolin Talbot, and sir .John Fivstolfe: and besides Guienne, the ancient inlicritanco of England, he was master of the capital, and of almost all the northern provinces, ■which were well enabled to furnish him with supplies both of men and money, and to assist and support his English forces. Vot. I. lint Charles, notwithstanding the present inferiority of his power, possessed some advantages, derived partly from his situation, partly from his personal cha- racter, which promised him success, and sen'cd, first to control, then to overbalance the superior force and opulence of his enemies. He was the true and un- doubted heir of the monarchy: all Frenchmen, who knew the interests, or desired the indejiendence of their country, turned their eyes towards him as its sole resource : the exclusion given him by the imbecility of his father, and the forced or ]>recipitate consent of the states had plainly no validity : that spirit of faction, which had blinded the people, could not long hold them in so gross a delusion : their national and invete- rate hatred against the English, the authors of all their calamities, must soon revive, and inspire them with indignation at bending their necks under the yoke of that hostile people: great nobles and princes, accus- tomed to maintain an independence against their native sovereigns, would never endure a subjection to stran- gers: and though most of the princes of the blood were, since the fatal battle of Azincour, detained pri- soners in England, the inhabitants of their demesnes, their friends, their vassals, all declared a zealous at- tachment to the king, and exerted themselves in resist- ing the violence of foreign invaders. Charles himself, thoiigh only in his twentieth year, was of a character well calculated to become the object of these benevolent sentiments ; and perhaps, from the fa\-our which naturally attends youth, was the more likely, on account of his tender age, to acquire the good- will of his native subjects. He was a prince of the most friendly and benign disposition, of easy and fa- miliar manners, and of a just and sound, though not a vei-y vigorous understanding. Sincere, generous, affa- ble, he engaged, from affection, the services of his fol- lowers, even while his low fortunes might make it their interest to desert him ; and the lenity of his temper could pardon in them those sallies of discontent to which ju-inces in his situation are so frequently es. posed. The love of pleasure often seduced hhn into indolence ; but ainidst all his irregularities, the good- ness of his licart still shone forth ; and, by exert- ing at intervals his courage and acti\-ity, he proved, want his general remissness proceeded not from the that either of a just spirit of ambition, or of personal valour. Though the virtues of this amiable prince lay some time in obscurity, the duke of Bedford knew that his title alone made him formidable, and that every foreign assistance would be requisite, ere an English regent could hope to complete the conquest of France : an enterprise wliich, however it might seem to be much advanced, was still exposed to many and great difficul- ties. The chief circumstance which had procured to the English all their present advantages w;is the re- sentment of the duke of Burgundy against Cliarles; and as that prince seemed intent ratlier on gratifying his passion than consulting his interests, it was the more easy for the regent, by demonstrations of respect and confidence, to retain him in the alliance of Eng- land. He bent thei'efore all his endeavours to that pmpose : he gave the duke every proof of friendship and I'egard ; he even offered him the regency of France, which I'hilip declined : and that he might corroborate national connexion by inivate ties, ho concluded his own marriage with tlie princess of Burgundy, which had been stipulated by the treaty of Arras. 1423. Being sensible, that next to the alliance of Burgundy, the friendshij) of the duke cf Britanny wa.i of the greatest importance towards forwarding the English conquests ; and that, as the provinces of France, already subdued, lay between the dominions of these tsvo princes, he could never hope for any security, w-ithout preserving his connexions with them ; he wj\s very intent on strengthening himself also from that, quarter. The duke of Britanny, having received many just reasons of displeasure from the ministers oi 266 THE HISTORY OF ENGLAND. [Chap. XX Cliavlos, liad already acceded to the treaty of Troye, and, had, with other vassals of the crown, done homage to Henry V., in quality of lieir to the kingdom : but as the regent know that the duke was much governed by his brother, the count of Eichemont, he endeavoured to fix his friondship, by paying court and doing services to this haughty and ambitious prince. Arthur, count of Richemont, had been taken pri- soner at the battle of Azincour, had been treated with great indulgence by the late king, and had even been permitted on liis parole to take a journey into Bri- tauny, wliere the state of affairs required his presence. The death of that victorious monarch happened before Riehemont's return; (IJth April;) and this prince pretended that, as his word was given personally to llenry v., he was not bound to fulfil it towards his son and successor : a chicane which the regent, as he could not force him to compliance, deemed it prudent to overlook. An interview was settled at Amiens be- tween the dukes of Bedford, Burgundy, and Biitanny, at wliich the count of Richemont was also present. Tlie alliance was renewed between these princes : and the regent persuaded Philip to give in marriage to Riche- mont his eldest sister, widow of the deceased dauphin, Louis, the elder brother of Charles. Thus Arthur was connected both witli the regent and the duke of Bur- gundy, and seemed engaged by interest to prosecute the same object, in forwarding the success of the Kngli^h ,'i.rms. While tlie vigilance of the duke of Bedford was em- ployed in gaining or confirming these .allies, whose vi- cinity rendered them so important, he did not overlook the state of more remote countries. The duke of Albany, regent of Scotland, had died ; and his power had devolved on JIurdac, his son, a prince of weak understandingand indolent disposition ; who, far from possessing the talents requisite for tlie government of that fierce people, was not even able to maintain authority in his own family, or restrain the petulance and insolence of his sons. The ardour of the Scots to serve in France, where Charles treated them with great honour and distinction, and where the regent's in'Other enjoyed the dignity of constable, broke out afresh under his feeble administration ; new succours daily came over, and filled the armies of the French king : tlie earl of Douglas conducted a re-enforcement of 5000 men to his assistance : and it was justly to be dreaded that the Scots, by commencing open hostilities in the north, would occasion a diversion still more considerable of the English power, and would ease Charles, in part, of that load by which he was at pre- sent so grievously oppressed. The duke of Bedford, therefore, persuaded the Knglisli council to form an alliance witli James, their prisoner; to free that prince from his long captivity; and to connect him with Eng- land by marrying him to a, daughter of the earl of Somerset, and cousin of the young king. As the Scot- tish regent, tired of his present dignity, which he was not able to support, was now become entirely sincere in his applications for James's liberty, the treaty was soon concluded ; a ransom of forty thousand pounds was stipulated ; and the king of Scots was restored to the throne of his ancestors, and proved, in his short reign, one of the most illustrious princes that had ever governed that kingdom, lie was murdered, in 1437, by his traitorous kinsman, the earl of Atliole. His affections inclined to the side of France ; but the Eng- lish had never reason, during his lifetime, to complain cf any breach of the neutrality of Scotland. MILITARY OPERATIONS. But the regent was not so much employed in these political negociations as to neglect the operations of war, from which alone he could hope to succeed in ex- palling the French monarch. Though the ciiief seat of Charles's power lay in the southern provinces be- yond tlie Loire ; his partisans were possessed of some fortresses in the northern, and even in the neighbour- liood of Paris ; and it behoved the duke of Bedford first to clear these countries from the enemy, before he could tliiiik of attempting more distant conquests. Tlie castle of Dorsoy was taken, after a siege of six weelcs : that of Noyelle and the town of Illic, in Picardy, underwent the same fate : Pont sur Seine, Vertus, Montaigu, were subjected by the British arms : and a more considerable advantage was soon after gained by the iniited forces of England and Burgundy. John Stuart, constable of Scotland, and the lord of Estissae, had formed the siege of Crev.int in Burgundy : the carls of Salisbury and Suffolk, with the count of Tou- longeon, were sent to its relief: a fierce and well dis- puted action ensued : the Scots and French were de- feated : the constable of Scotland, and the count of Ventadour were taken prisoners ; and above a thou- sand men, among whom was sir William Hamilton, were left on the field of battle. The taking of Gaillon upon the Seine, and of la Cluirite upon the Loire, was the fruit of this victory : and as this latter place opened an entrance into the southern provinces, tho acquisition of it appeared on that account of tho greater importance to the duke of Bedford, and seemed to promise a successful issue to the war. 1424. The more Charles was threatened with an in- vasion in those provinces which adhered to him, the more necessary it became that he should retain posses- sion of every fortress which he still held within the quarters of the enemy. The duke of Bedford had be- sieged in person, duriug the space of three montlis, the tO\i'n of Yvri, in Normandy ; and the brave governor, unable to make any longer defence, was obliged to capitulate; and he agreed to surrender the town if, before a certain term, no relief arrived. Charles, in- formed of these conditions, detennined to make an attempt for saving the place. He collected, witli some difficulty, an army of 14,000 men, of whom one half were Scots; and he sent them thither nnder the com- mand of the earl of Bnclian, constable of France ; who was attended by the earl of Douglas, his countryman, the duke of Alenyon, the mareschal de la Fayette, the count of Aumale, and the viscount of Narbonne. When the constable arrived within a few leagues of Yvri, he found that he was come too late, and that the place was already surrendered. He immediately turned to the left, and sat down before Verneiiil, which, the inhabitants, in spite of tho garrison, delivered up to him. Buchan might now have returned in safety, and with the glory of malcing an acquisition no less important tlian the place which he was sent to relieve: but hearing of Bedford's approach, he called a council of war, in order to deliberate concerning the conduct which he should hold in this emergence. The wiser part of the council declared for a retreat; and repre- sented, that all the past misfortunes of tho French had proceeded from their rashness in giving battle where no necessity obliged thcni ; that this army was the last resource of the king, and the only defence of the few provinces which remained to him ; and that every reason invited him to embrace cautious measures, wliicli might leave time for his subjects to return to a sense of their duty, and give leisure for discord to arise among his enemies, who, being united by no common band of interest or motive of alliance, could not long persevere in their auiniosity against him. All these jirudential considerations were overborne by a vain point of honour not to turn their backs on the enemy ; and they resolved to await the arrival of the duke of Bedford. BATTLE OF VERNEUIL. Avgusl 27. The numbers were nearly equal in this action ; aiiJ .IS the long continuance of w.ar had introduced disci- pline, which, however imperfect, sufficed to maiiitaiu some appearance of order in such small armies, the Chap. XX.] HENRY VI. 1422-1461. 26? battle was fierce and well disputed, and attended with bloodshed on both sides. The constiible drew up his forces under the walls of Vcnieiiil, and resolved to abide the attack of the enemy ; but the impatience of the viscount of Narhonne, who advanced precipitately, and obliged tlie whole line to follow him in some hurry and confusion, was the cause of the misfortune wliicli eusued. The English archer?, fixing their palisadocE before them, according to their usual custom, sent a volley of arrows amidst the thickest of the French army ; and though beaten from tlieir ground, and obliged to take slielter .among the b-igg-ige, tliey soon rallied, and continued to do great execution upon the enemy. The duke of Bedford, nie.inwliile, at the head of the men-at-arms, made impression on the French, broke their ranks, chased them off the field, and rendered the victoiy entirely complete and deci- sive. The c(mstable himself perished in battle, as well as the earl of Douglas and his son, the counts of Aumale, Tonnerre, .and Venladour, with many other considerable nobility. Th(! duke of Alencon, the mareschal de la Fayette, the lords of Gaucour and Afortemar were t.iken prisoners. There fell about four thousand of the French, and sixteen hundred of the Knolish ; a loss esteemed, at that time, so unusual on the side of the victors, that the duke of IJedford forbade all rejoicings for his success. VerncUil was surrendered next day by capitulation. The condition of the king of France now appeared very terrible, and ahnost desperate. He had lost the flower of his army and the bravest of his nobles in this fatal action : he had no resource either for recruiting or subsisting bis troops ; lie wanted money even for his personal subsistence ; and though all parade of a court was banished, it w.ag with difficulty he could keep a table, supplied with the jdainest necessaries, for himself and his few followers ; every day brought him intelligence of some loss or misfortune ; towns wliieli were bravely defended were obliged at last to surrender for want of relief or supply ; he saw his p.artisans entirely chased from all the provinces which lay north of the Loire ; and he expected soon to lose, by the united ^'flbrts of his enemies, all the terri- tories of which he had liitherto continued master ; when an incident happened which saved him on the brink of ruin, and lost the English such an opportunity for completing tlieir conquests as they never after- wards were able to recal. .lacfiuellne, countess of Ilainault and Holland, and heir of these provinces, had espoused John, duke of Brabant, cousiu-geriuan to tlie Juice of Buiguiuly ; but having made this clioiee from the usual motives of princes, she soon found reason to repent of the unequal alli.ince. She was a princess of a masculine spirit and uncommon uuderstandiug ; the duke of Brabant was of a sickly complexion and weak mind; she was in the vigour of her age ; he had only reached his fifteenth year; these causes had inspired her with such con- tempt for her husband, which soon proceeded to an- tipathy, that she determined to dissolve a marriage, where, it is probable, nothing but the ceremciiy had as yet intervened. The court of Home was commonly very open to applications of tliis n.ature, when seconded by power and money; but, .as the prineess foresaw great opposition from her husband's relations, and was impatient to effect her purpose, slie made her escape into England, and threw herself under the protection of the duke of Gloucester. That prince, with many noble qualities, bad the defect of being governed by an impetuous temper and vehement passions ; and he w.as rashly induced, as well by the charms of the conntess herself, as by the jirospect of possessing her rich inheritance, to offer himself as her hushand. Without waiting for a papal dispensation, without en- deavouring to reconcile the duke of Buigundy to the measure, he entered into a contract of marriage with Jacqueline, and immediately attempted to put himself in possession of her dominions, riiilip was disgusted ■with so precipitate a conduct : he resented the injury done to the duke of Brabant, liis near relation ; ho dreaded to have the English established on all sides of him ; and he foresaw the consequences which must attend the extensive and uncontrolled dominion of that nation, if, before the full settlement of their power, tlioy insulted and injured an ally to whom they had already been so much indebted, and who was still so necessary for supporting their further progress. Ho encouraged, therefore, the duke of Brabant to miike resistance ; ho engaged many of J.acqueline's subjects to adhere to that prince; ho himself marched troops to his supi)ort; and as the duke of Gloucester still persevered in his purpose, a sharp war was suddenly kindled in the Low Countries. The quarrel soon be- came personal .as well as political. Tlie English prince wrote to the duke of Burgundy, complaining of the opposition made to his pretensions ; and thou"!], in the main, he employed amicable terms in his letter, ha took notice of some falsehoods into which, he said Philip had been b('trayed during the course of those transactions. This unguarded expression was highly re.sented: the duke of Burgundy insisted that he should retract it : and mutual challenges and defiances passed between tliem on this occasion. The duke of Bedford could easily foresee the bad effects of so ill-timed and imprudent a quarrel. All the succours which he expected from England, and which were so neccss.ai-y in this critical emergence, were in- tercepted by his brother, and employed in Holland and Hainault : the forces of the duke of Burgundv, which he also depended on, were diverted by the same wars : and, besides this double loss, he was in imminent danger of alienating for ever that confederate whose friendship was one of the utmost importance, and whom the late king had enjoined him, witli his dviu"- breath, to gratify by every mark of legard and attach- ment. He represented these topics to the duke of Gloucester: he endeavoured to mitigate the resentment of the duke of Burgundy : he interposed with his good offices between these princes: but was not successful in any of his endeavours ; and he found that the im- ]ietuosity of his brother's temper was still the chief obstacle to all accommodation. For this reason, in- stead of pushing the victory gained at Verneiiil, he found liimself obliged to take a journey into England, and to try, by his council and authority, to moderate the measures of the duke of Gloucester. There had likewise broken out some differences among the English ministry, which had proceeded to great extremities, and which required the regent's presence to compose them. The bishop of Winchester, to whom the care of the king's person and education had been entrusted, M-as a prelate of great capacity and experience, but of an intriguing and dangerous character; and as he aspired to the government of affairs, lie had continual disputes with his nephew, the protector; and he gained frequent .advantages over the vehement and impolitic temper of that prince . . . 1425. The duke of Bedford employed the authority of parliament to reconcile them ; and these rivals were obliged to promise, before that assembly, that they would bury all quarrels in oblivion. Time also seemed to open expedients for composing the difference witli the duke of Burgundy. The credit of that prince had procured a bull from the jiope; by which not only Jacqueline's contract with the duke of Gloucester was annulled; but it w.as also declared, that even in case of the duke of Brabant's death, it should never be lawful for her to espouse the English prince. Hum- phrey, desp.iiring of success, married another lady, of inferior rank, who had lived sometime with him as his mistress. The duke of Brabant died ; and his widow, before she could recover possession of her dominions, was obliged to decl.are the duke of Burgundy her heir, in case she should die without issue, and to promise never to marry without his consent. But though the affair was thus termmated to the Batisfactien of Philip, 268 THE HISTORY OF ENGLAND. [CnAP. XX It Ipft a clisn?iceable impra'ision on Iiis iiiiiul ; it ex- cited an cxlri'ine joalousy of tlio Enslisli, and opened his eves to liis line interests ; and as notliing but his animosity ajjainst Charles liad engaged him in alliance with them, it eounterbalanced that passion by another of tliesaino kind, which, in the end, became prevalent, and brought him back by degrees to his natural con- nexions with ills family and liis native country. About till' same time the duke of Ijritanny began to witlulraw himself from tlie Englisli alliance. His bro- ther, tlie count of Richeniont, though connected by marriage with the dnkes of Burgundy and iicdford, was extremely attached by inclination to the French interest ; and he willingly liearkenod to all the ad- vances which Charles made him for obtaining his friendship. The staff of constable, vacant by the carl ofBuchan's death, w.is offered him; and, as liis mar- tial and ambitious temper aspired to the command of armies, which he had in vain attempted to obtain fioni the duke of Bedford, he not only accepted that office, but brought over his brother to an alliance with the French monarch. This u'^w const.ible, having made tliis one change in his measures, firmly adhered, ever after, to his engagements with France. Though his pride and violence, which would admit of no rival in his master's confidence, and even prompted him to as- sassinate his other favourities, had so much disgusted Charles, that he once banished him the court, and re- fused to admit him to his presence, he still acted with vigour for the service of tliat monarch, and obtained at last, by his perseverance, the pardon of all past offences. I42G. lu this situation the duke of Bedford, on his return, fonnd the affairs of France, after passing eight months in England. The duke of Burgundy was much disgusted. The duke of Britanny liad entered into engagements with Charles, and had done honiage to tiiat prince for his dntchy. The French had been al- lowed to recover from the astonisliment into which their frerpierit disasters had thrown them. An inci- dent too had happened, which served extremely to raise their coinage. The carl of Warwick had be- sieged Monfargis with a small army of three thousand men, and the place was reduced to extremity, when the bastard of Orleans undertook to tlirow relief into it. This general, who was natural son to the prince assassinated by the duke of Burgundy, and who was afterwards created count of Dunois, conducted a body of sixteen hundred men to Montargis ; and made an attack on the enemy's trenches with so much valour, prudence, and good fortune, that he not only pene- trated into the place, but gave a severe blow to the English, and obliged Warwick to raise the siege. Tliis was the first signal action that r.aised the fame of Dunois, and opened him the road to those great ho- nours which he afterwards attained. Bnt tlie regent, soon after his arrival, revived the reputation of the Englisli arms, by an important enter- prise, which he happily achieved. He secretly bioiight together, in separate detachments, a considerable army to the frontiers of Britanny ; and fell so unexpectedly iipon that province, tliat the duke, unable to make re- sistance, yielded to all the terms required of him : he renounced the Frencli .alliance: he engaged to main- tain tlie treaty of Troye ; he acknowledged the duke of Bedford for regent of France; and promised to do homage for his dutcliy to king Henry. And the English prince, liaving thus freed himself from a dan- gerous enemy who lay behind him, resolved on an un- dertaking which, if successful, would, he hoped, cast the balance between the two nations, and prepare the way for the final conquest of Franco. SIEGE OF ORLEANS. 1428. The city of Orleans was so situated between the provinces commanded by Henry, and those possessed by Charle!!, that it opened an easy entrance to either; and as the duke of BeJfoiil intended to make a gre.at effort for penetrating into the south of France, it be- hoved him to begin with this place, which, in the pre- sent circumstances, was become the most important in the kingdom. Ho committed the conduct of the enter- prise to the earl of Salisbury, who had newly brought liim a re-cnforcemeiit of six thousand men from Eng- land, and who had much distinguished himself, by liia abilities, during the course of the present war. Salis- bury, iiassing the Loire, made himself master of se- veral small phaces which surrounded Orleans on thai side ; and as his intentions were thereby known, the French king used every expedient to supply the city with a garrison and provisions, and enable it to maiu- tain a long and obstinate siege. The lord of Gaucour, a brave and exiicrieiiced captain, was .aiipointed go- vernor : many officers of distinction threw themselves into the place : the troops which they conducted were inured to war, and were determined to make the most obstinate resistance : and even the inhabitants, disci- plined by the long continuance of hostilities, were well qualified, in their own defence, to second the efforts of the most veteran forces. The eyes of all Europe were turned towards this scene, where, it was reason.ibly supposed, the French were to make their last stand for maintaining the independence of their monarchy and the rights of their sovereign. The earl of Salisbury at last approaclicd the place with an army, which consisted only of ten thousand men ; and not being able, with so small a force, to in- vest so great a city, th.at commanded a bridge over the Loire, he stationed himself on the southern side to- wards Sologne, leaving the other, towards the Beanssc, still open to the enemy. He there attacked the forti- fications which guarded the entrance to the bridge; and after an obstinate resistance, he carried seveial of them ; but was himself killed by a cannon-ball as he was taking a view of the enemy. The earl of Suffolk succeeded to the command ; and being re-enforced with great numbers of English and Burgundians, he passed the river with the main body of his army, and invested Orleans on the other side. As it was now the depth of winter, Suffolk, who found it difficult in that season to throw up intrenclunents all aroiind^contented him- self, for the present, with erecting redoubts at differ- ent distances, where his men were lodged in safety, and were ready to intercept the supplies which the enemy might attempt to throw into the place. Though he had several pieces of artillery in his camp, (and this is among the first sieges in Europe where cannon were found to be of importance,) the art of engineering was hitherto so imperfect, that Suffolk trusted more to famine than to force for subduing the city ; and he purposed in the spring to render the circumvallation more complete, by drawing intrenchments from one redoubt to anotlier. Numberless feats of v.alour were performed both by the besiegers and besieged during the winter : bold sallies were made, and repulsed with equal boldness : convoys were sometimes introduced and often intercepted : the supplies were still unequal to the consumption of the place; and the English seemed daily, though slowly, to be advancing towards the completion of tlieir enterprise. 1-129. But wliile Suffolk lay in this situation, tha French parties ravaged all the country around ; and the besiegers, who were obliged to draw their provi- sions from a distance, were tliemselves exposed to the danger of want and famine. Sir John Fastolffe was bringing up a large convoy of every kind of stores, which he escorted with a detachment of two thousand five hundred men, when he was attacked by a body of four thousand French, under the command of the counts of Clermont and Dunois. Fastolffe drew up his troops behind the waggons ; but the French ge- nerals, afraid of attacking him in that posture, planted a battery of cannon against him, which threw every- thing into confusion, and would have insured them the victory, had not the imp.itieucc of some Scottish JfitsAH O!?' AV1S.C lESCMflllME® BY TIES )B)ISM®1P ©if -WKKCHESTEIR , CuAP. XX.] HENRY VI, 1422—1461. 269 troops, who broke tlie line of battle, brought on an engagement, in which Fastolffe was vii'toiioiis. The count of Diinois was wounded ; and about five liun- dreil French were left on the field of battle. This action, which was of great importance in the present conjuncture, was commonly called the battle of Her- rings; because the convoy brought a great quantity of that hind of provisions for the use of the English army during the Lent season. Charles seemed now to have but one expedient for saving this city, which had been so long invested. The duhe of Orleans, who Avas still ])risoner in Eng- land, prevailed on the [jroteetor and the council to consent that all his denu'snes should be allowed to preserve a neutrality during the war, and should be sequestered, for the greater security, into the hands of the duke of liurgundy. This prince, who was much less cordial in the Englisli interests than formerly, went to Paris, and made the proposal to the duke of Bedford ; but the regent coldly replied, That he was not of a humour to beat the bushes while others ran away willi the game : an answer which so disgusted the duke, that he recalled all the troops of Burgundy that acted in the siege. The place, however, was every day more .and more closely invested by the English : great scarcity began already to be felt by the garrison and inhabitants ; Charles in despair of collecting .an army which should dare to ajiproach the enemy's in- trenchnients, not only gave up the city for lost, but be- gan to entertain a very dismal jirospoct with regard to the general state of his affairs. lie saw that the country, in which he had hitherlo, with great difficulty, sub- sisted, would be laid entirely open to the inv.asiou ot a powerful and victorious enemy; and he already enter- tained thoughts of retiring with the remains of his forces into Languedoc and Dauphiny, and defending himself as long as possible in those remote provinces. But it was fortunate for this good prince, that, .as he lay under the dominion of the fair, the women, whom he consulted, had the spirit to su])port his sinking resolution in this desperate extremity. JIary of An- jou, his queen, .a princess of great merit and prudence, vehemently opposed this measure, which, she fores-iw, would discourage all his partisans, and serve .as a general sign.al for deserting a prince who seemed him- self to despair of success. His mistress, too, the fair Agnes Sorel, who lived in entire amity with the queen, seconded all her remonstrances, .and threatened that, if he tluis pusiUanimously threw away the sceptre of France, slie would seek in the court of England a for- tune more correspondent to her wishes. Love was able to rouse in the breast of Charles that courage which ambition had failed to e.\cite : he resolved to dispute every inch of ground with an imperious enemy; and rather to perish with honour in the midst of his friends, than yield ingloriously to his bad fortune : when relief was unexpectedly brought him by another female of a very different character, who gave rise to one of the most singular revolutions that is to be met with in history. THE JIAID OF ORLEANS. In tlie vill.age of Domremi, near Vaucouleurs, on the borders of Lorr.aine, there lived a country girl of twenty-seven years of age, called Joan d' Arc, who was servant in a small inn, and who in that station had been accustomed to tend the horses of the guests, to ride them without a saddle to the watering-place, and to perform other offices, which, in well-freq\iented inns, commonly fall to the share of the men-servants. This girl was of an iireproachable life, and had not hitherto been renuirked for any singularity ; whether that slie had met with no occasion to excite her genius, or that the unskilful eyes of those who conversed with her had not been able to discern her uncommon merit. It is easy to imagine, that the present situation of France was an interesting object even to persons of the lowest rank, and would beoonie the frequent subject ol conversation : a young prince expelled his throne bv the sedition of native subjects, and by the arms of stranger.5, could not fail to move the compassion of all his people whose hearts weie uncorrupted by faction ; and the peculiar character of Charles, so strongly in- clined to frientiship and the tender passions, naturally rendered him the hero of that sex whose generous minds know no bounds in their affections. The siege of Orleans, the progress of the English before that place, the great distress of the garrison and inhabit- ants, the importance of saving this city and its brave defenders, had turned thither the public eye; and Joan, inflamed by the general sentiment, was seized with a wild desire of bringing relief to her sovereign in his present distresses. Iler unexperienced mind, working day and night on this favourite object, mis- took the impulses of passion for heavenly inspirations; and she fancied that she saw visions, and heard voices, exhorting her to re-establish the throne of France, and to expel the foreign inv.aders. An uncommon intre- pidity of temper made her overlook all the dangers which niigbt attend her in such a path ; and thinking herself destined by He.aven to this office, she threw aside all that bashfulness and timidity so nat\iral to her sex, her years, and her low station. She went to Vaucouleurs ; procured admission to liaudricourt, the governor ; informed him of her insi)irations and in- tentions; and conjured him not to neglect llie voice of God, who spoke through her, but to second those heaveuly revelations which impelled her to this glo- rious enterprise. Baudricourt treated her at first with some neglect ; but on her frequent returns to him, and importunate solicitations, he began to renmrk some- thing extraordinary in the maid, and was inclined, at .all hazards, to make so easy an experiment. It is uncertain whether this gentleman had discernment enough to perceive that great use might be made with the vulgar of so uncommon an engine ; or, what is more likely, in that credulous age, was himself a con- vert to this visionary: but he adopted .at last the schemes of Joan ; and he gave her some attendants, who conducted her to the French court, which at that time resided at Chinon. It is the business of history to distinguish between the miracuhiis and the marvellous ; to reject the first in all narrations merely profane and human ; to doubt the second; and when obliged by unquestionable tes- timony, as in the present case, to admit of something extraordinary, to receive as little of it as is consistent with the known facts and circumstances. It is pre- tended that Joan, immediately on her admission, knew the king, though she had never seen his face before, and though he purposely kept himself in the crowd of courtiers, and had laid aside everything in his dress and app.arel whicli might distinguisli him : that she oflered him, in the name of the supreme Creator, to raise the siege of Orleans, and conduct him to liheims to be there ciowned and anointed ; and on his express- ing doubts of her mission, revealed to him, before some sworu confidents, a secret, which was unknown to all the world besides himself, and which nothing but a heavenly inspiration could have discovered to her ; and that she demanded, as the instrument of her future victories, a p.articular sword which w.as kept in the church of St. Catherine of Fierbois, .and which, though sh^liad never seen it, she described by all its marks, and by the place in which it had long lain neglected. This is certain, that all these miraculous stories were spread abroad, in order to captivate the vulgar. The more the king and his ministers were determined to give in to the illusion, the more scruples they pre- tended. An assembly of grave doctors and theologians cautiously examined Joan's mission, and j>ronounced it undoubted and supernatural. She was sent to the parliament, then residing at Poictiers, and was inter rogated before tliat assembly ; the presidents, the coun- sellors, who came persuaded of her imposture, went away convinced of her inspiration. A ray of hope 270 THE HISTORY OF ENGLAND [Chap. XX. began to broak tliroiigh liiat despair in ■nliidi tlio minds of all men were before enveloped. Heaven had declared itself in favour of France, and had laid bare its outstretched arm to take vengeance on her in- vaders. Few could disting^uisli between the impulse of inclination and the force of conviction ; and none would submit to the trouble of so disagreeable a scrutiny. After these artificial precautions and preparations had been for some time employed, Joan's requests were at last complied with : she was armed cap-a- pee, mounted on horseback, and shown in that mar- tial lialnlimcnt before the whole people. Ilor dex- terity in managing her steed, though acquired in her foimer occupation, was regarded as .a fresh jiroofof her mission; and she was received with the loudest acclamations by the spectators. Her former occupa- tion was even denied ; she was no longer the servant of an inn: she was converted into a shepherdess, an employment much more .agreeable to the imagination. To render her still more interesting, near ten years were subtracted from her age ; and all the sentiments of love and chivaliT were thus united to those of en- thusiasm, in order to inflame the fond fancy of the jieo- ple with prepossessions in her favour. When the engine was dressed up in full splendour, it was determined to essay its force against the enemy, Joan was sent to Blois, where a large convoy was pre- pared for the supply of Orleans, and an army of ten thousand men, under the command of St. Severe, as- sembled to escort it. She ordered all the soldiers to confess themselves before they set out on the enter- prise : she banished from tifc camp all women of bad fame : she displ.ayed in her hands a consecrated ban- ner ; where the Sujn-eme Being was represented grasp- ing the globe of e.arth, and surrounded with ilower-de- luces : and she insisted, in right of her prophetic mis- sion, that the convoy should enter Orleans by the direct road from the side of Beausse ; but tlie count of Dunois, unwilling to submit tlie rules of the military .art to her inspirations, ordered it to approach by the other side of the river, where, he knew, the weakest part of the English iirmy was stationed. Previous to this attempt, the maid had written to the regent, and to the English generals before Orleans, commanding them, in the name of the omnipotent Cre- ator, bv whom she was commissioned, immediatelv to raise the siege, and to evacuate France ; and menacing them witli divine vengeance in case of their disobe- dience. All the English affected to speak with deri- sion of the maid, and of her beavonly commission ; .and said, that the French king was now indeed re- duced to a sorry pass when he had recoiu'se to such ri- diculous expedients: but they felt their imagination secretly struck with the vehement persuasion which jjrevailed in all around them ; and they waited with anxious expectation, not unmixed with horror, for the issue of these extraordinai-y preparations. As the convoy approached the river, a sally was made by the g.arrison on the side of Beausse, to pre- vent the English general from sending any detachment to the other side : the provisions were peaceably em- barked in boats (29th of April,) which the inliabitants of Oi'Icans had sent to receive them : the maid covered with her troops the embarkation : Suftblk did not ven- ture to attack her: and the French general carried hack the army in safety to Blois; an alteration of af- fivirs which was already visible to all the world, and which had a proportional etfect on the minds of both parties. The maid entered the city of Orleans arrayed in her military garb, and displaying her consecrated standard ; and was received as a celestial deliverer by all the inha- bitants. They now believed themselves invincible under her influence ; and Dunois himself, perceiving such a mighty alteration both in friends and foes, consented that the next convoy, whicli was expected in a few days, should enter by the side of Beausse. The convoy approached: (4th May:) no sign of resistance appeared in the besiegers ; the waggons and troops passed with- out interruption between the redoubts of the English : a dead silence and astonishment reigned among those troops, formerly so elated with victory, and so fierce for the combjit. The earl of Suifolk was in a situation very unusual and extraordinary, and which might well confound the man of the greatest cajiacity and firmest temper. He saw bis trooj)S overawed, and strongly imjiressed with the idea of a divine influence accompanying the maid. Instead of banishing these vain terrors by huriy, and action, and war, he waited till the soldiers should recover from the panic; and he thereby gave leisure for those prepossessions to sink still deeper into their minds. The milit.aiy maxims which are jnudent in common cases, deceived him in these unaccountable events. The English felt their courage daunted and overwhelmed ; and thence inferred a di^ ine vengeance hanging over them. The French drew the same infer- ence from an inactivity so now and unexpected. Every circumstance was now reversed in the opinions of men, on which all depends; the spirit resulting from a long course of nninterrupted success was on a sudden transferred from the victors to the van- quished. The maid called aloud, that the garrison should re- main no longer on the defensive ; and she jnomiscd Iier followers the assistance of Heaven in attacking those re- doubts of the enemy which had so long kept them in awe, and which they had never hitherto dared to insult. Thegener.als seconded her ardour: an attack was made on one redoubt, and it proved successful : all the Eng- lish who defended the intrenchments wore ])ut to the sword, or talcen prisoners : and sir John Talbot him- self, who had drawn together, from the other redoubts, some troops to bring them relief, durst not appear in the open field against so formidiible an enemy. Nothing, after this success seemed impossible to the maid and her enthusiastic votaries. She urged the ge- nerals to attack the main body of the English in their intrenchments: but Dunois, still unwilling to hazard the fate of France by too great temerity, and sensible that the least reverse of fortune would make all the present visions evaporate, and restore everything to its former condition, checked her vehemence, and pro- posed to her first to expel the enemy from their forts on the other side of the river, and thus lay the eoni- mimication with the country entirely open, before she .attempted any more hazardous enterprise. Joan was jfersuaded, and these forts were vigorously assailed. In one attack the French were repulsed; the maid was left almost alone ; she was obliged to retreat, and join the runaways ; but displaying her sacred standard, and animating them with her countenance, her gestui-es, her exhortations, she led them back to the charge, and overpowered the English in their intrenchments. In the attack of another fort, she was wounded in the neck with an arrow ; she retreated a moment behind the assailants ; she pulled out the arrow with her own hands ; she had the wound quickly dressed ; and she hastened back to head the troops, .and to plant her vic- toi'ious banner on the ramparts of the enemy. By all these successes, the English were entirely chased from their fortifications on that side : they had lost above si.x thousand men in these different actions; and, what was still more importaut, their wonted courage and confidence was wholly gone, and had given ])lace to amazement and despair. The maid returned triumphant over the bridge, and was again received as the guardian angel of the city. After performing such miracles, she convinced the most obdurate incredulity of her divine mission : men felt themselves animated as by a superior energy, and thought nothing impos- sible to that divine hand which so visibly conducted them. It was in vain even for the English generals to oppose with their soldiers the prevailing opinion ot supernatural influence : they themselves were probably C'liAP. XX.] HENRY VI. 14-22—1461. 271 moved by tliesiimc Iiclief : thoutmost they daied to ad- vance was, that Joan was not an instrument of God; she was only the imjilement of the devil: but as the English had felt, to their sad experience, tliat the devil might be allowed sometimes to prevail, they derived not much consolation from the enforcing of tliis opinion. THE SIEGE OF ORLEANS RAISED. Mat/ S. It might prove extremely dangerous for Suffolk, with 8Uch intimidated troops, to remain any longer in the presence of so courageous and victorious an enemy ; he therefore raised the siege,and retreated with all the precaution imaginable. The French resolved to ]nish their conquests, and to allow the English no leisure to recover from their onstcruation. Charles formed a body of six thousand men, and sent them to attack Jergeau, whither Suffolk had retired with a detach- ment of his army. The siege lasted ten days ; and the place was obstinately defended. Joan displayed her wonted intrepidity on the occasion. She descended into the fosse in leading the attack ; and she there re- ceived a blow on the head with a stone, by which she was confounded and beaten to the ground : but she soon recovered herself; and in the end rendered the assault successful : Suffolk was obliged to yield himself prisoner to a Frenchman, called Renaud ; but, before he submitted, he asked his adversary, whether he were agoulleman! On receiving a satisfactory answer, he demanded, whether he were a knight? Itenaud re- plied, " that he had not yet attained that honour." " Then I make yon one, " replied Suffolk : upon wliich he gave him the blow with his sword, which dubbed him into that fraternity ; and he immediately surrendered himself his prisoner. The remainder of the English army was commanded by Fastolffo, Scales, and Talbot, who thouglit of no- thing but of making their retreat as soon as possible into a place of safety ; while the French esteemed the overtaking them equivalent to a victory. So much had the events which passed before Orleans altered every- thing between the two nations! The vanguard of the French, under Richemont and Xaintraillcs, attacked the rear of the enemy at the village of Patay, on tlie Ifltli June. The battle lasted not a moment : the Eng- lish were discomfited, and fled : the brave Fastolffe himself showed the example of flight to his troops ; and the order of the garter was taken from him, as a pimishment for this instance of cowardice. Two thou- sand men were killed in this action, and both Talbot and Scales taken prisoners. In the account of all these .successes, the French writers, to magnify the wonder, represent the maid (who wi.s now known by the appellation of the Maid of Orleans) as not only active in combat, but as perform- ing the office of general ; directing the troops, con- ducting the military operations, and swaying the deli- berations in all councils of war. It is certain, that tlie j>olicy of the French court endeavoured to maintain this appearance with the public : but it is much more probable, that Dunois and the wiser commanders prompted her in all her measures, than that a courtry girl, without experience or education, could, on a sudden, become expert in a profession which requires more genius and capacity than any other active scene of life. It is sufficient praise that she could distinguish the persons on whose judgment she might rely ; that she could seize their hints and suggestions, and, on a sudden, deliver their opinions as her own ; and that she could curb, on occasion, that visionary and en- thusiastic spirit with which she was actuated, and could temper it with prudence and discretion. The raising of the siege of Orleans was one part of the maid's promise to Charles : the crowning of him at Rheims was the other : and she now vehemcnth' in- sisted that he should forthwith set out on that enter- prise. A few weeks before, such a proposal would have appeared the most extravagant in the world. RheiDis lay in a distant quarter of the kingdom ; was then in thi' hands of a victorious enemy ; the whole road which led to it was occupied by their garrisons; and no mail could be so sanguine as to imagine that such an attempt could so soon come within the bounds of possibility. But as it was extremely the interest of Charles to maintain the belief of something extraordinary and divine in these events, and to avail himself of the pre- sent consternation of the English, he resolved to follow the exhortations of the warlike prophetess, and to lead his army upon this promising adventure. Hitlierto he had kept remote from the scene of war; as the safety of the state depended upon his person, he had been persuaded to restrain his military ardour : but observ- ing this prosperous turn of affairs, he now determined to appear at the head of his armies, and to set the ex- ample of valour to all his soldiers. And the French nobility saw at once their young sovereign assuming a new and more brilliant character, seconded by fortune and conducted by the hand of Heaven ; and they caught fresh zeal to exert themselves in replacing him on tho throne of liis ancestors. THE KING OF FRANCE CROWNED AT RHEIMS. Ju/y 17. Charles set out for Rheims at the head of twelve thousand men : he passed by Troye, which opened its gates to him : Chalons imitated the example: Rheims sent him a deputation with its keys, before his ap- proach to it : and he scarcely perceived, as lie passed along, that he was marching through an enemy's country. The ceremony of his coronation was here performed with the hoiy oil, which a pigeon had brought to king Clovis from heaven on the first estab- lishment of the French monarchy ; the maid of Or- leans stood by his side in complete armour, and dis- played her sacred banner, which had so often dissipated and confounded his fiercest enemies : and the people shouted with the most unfeigned joy on viewing such, a complication of wonders. After the completion ot tlie ceremony, the maid threw herself at the king's feet, embraced his knees, and with a flood of tears, wliich pleasure and tenderness extorted from her, she congratulated him on this singular and marvellous event. Charles, thus crowned and anointed, became more respectable in the eyes of all his subjects, and seemed in a manner to receive anew, from a heavenly commis- sion, his title to their allegiance. The inclinations of men swaying their belief, no one doubted of the inspi- rations and prophetic spirit of the maid : so many in- cidents, which passed all human comprehension, left little room to question a su])erior influence : and the realand undoubted facts brought credit to every exag- geration which could scarcely be rendered more won- derful. Laon, Soissons, Chateau-Thierri, Provins, and many other towns and fortresses in that neighbourhood, immediately after Charles's coronation, submitted to him on the first summons ; and the whole nation was disposed to give him the most zealous testimonies of their duty and affection. PRUDENCE OF THE DUKE OF BEDFORD. Nothing can impress us with a higher idea of the wisdom, address, and resolution of the duke of Bed- ford, than his being able to maintain himself in so perilous a situation, and to preserve some footing in France, after the defection of so many places, and amidst the universal inclination of the rest to imitate that contagious example. This prince seemed present, everywhere by his vigilance and foresight : he employed every resource which fortune had yet left him : he put all the English garrisons in a posture of defence: he kept a watchful eye over every attempt among the French towards an insurrection : he retained the Pari- sians in obedience, by alternately employing caressea 272 THE HISTORY OF ENGLAND [Chap. XX. and severity: and knowing that the duke of Bur- giindy was already wavering in his fidelity, he acted with so nmoh skill and pnulence, as to renew in this dangerous crisis his alliance with that prince; an alli- ancp of the utmost importance to the credit and sup- port of the ICnglisli government. The small sujujlies which he received from England set the talents of this great man in a still stronger light. The ardour of the I'inglish for foreign conquests was now extremely abated by time and reflection : the par- liament seems evou to have become sensible of the danger which might attend theirfurther progress: no Eupjily of money could be obtained by the regent dur- ing his greatest distresses: and men enlisted slowly under his standard, or soon deserted, by reason of the wonderful accounts which had reached England of the magic, and sorcery, and diabolical power of the maid of Orleans. It happened fortunately, in this emergency, that the bishop of Winchester, now created a cardinal, landed at Calais with a body of five thousand men, which he was conducting into Bohemia, on a crusade ag.ainst the Hussites. He was persuaded to lend these troops to his nephew during the present ditKculties ; and the regent was thereby enabled to take the field, and to oppose tlie French king, who was advancing with his army to the gates of Paris. The extraordinary capacity of the duke of Bedford appeared also in his military operations. He attempted to restore the courage of his troopsby boldly advancing to the fiice of the enemy ; but he chose his posts with so much caution, as always to decline a combat, and to render it impossible for Cliarles to attack him. He still attended that prince in all his movements ; covered his own towns and garrison? ; and kept himself in a posture to reap advantage from eveiy imprudence or false step of the enemy. Tlie French army, which consisted mostly of volunteers, who served at tlieir own expense, soon after retired, and was disbanded : Charles went to Bonrges, tlie ordinary place of his re- sidence; but not till he luid made himself master of Compiegne, Beauvais, Senlis, Sens, Laval, Lagni, St. Denis, and of many places in the neighbourhood of Paris, which the affections of the people had put into his hands. The regent endeavoured to revive the declining state of his affairs by bringing over the young king of Eng- land, arid having him crowned and anointed at Paris. All the vassals of the crown wlio lived within the pro- vinces possessed by England swore anew allegiance, and did homage to him. But this ceremony was cold and insipid, comjiared with the lustre which had at- tended tlie coronation of Charles at Rheiins ; and the duke of Bedford expected more effect from an accident, which put into his hands the person that had been the autlior of all his calamities. The maid of Orleans, after the coronation of Charles, declared to tlie count of Dunois, that her wishes were now fully gratified, and that she had no furtlier desire than to return to her former condition and to the occu- pation and course of life which became her sex : but that nobleman, sensible of tlie great advantages which might still be reaped from her presence in the army, exhorted her to persevere till, by the final expulsion of the English, she had brought all her prophecies to their full completion. In pursu.ance of this advice, she threw herself into the town of Compiegne, which was at that time besieged by tlie duke of Burgundy, assisted by the earls of Arundel and Siiftblk ; and the garrison, on her appearance, believed themselves thence- forth invincible. But their joy was of short duration. The maid, next day after licr arrival, (25th May,) head- ed a sally upon the quarters of John of Luxembourg ; she twice drove the enemy from their intrenchmeuts ; finding their numbers to increase every moment, she ordered a retreat ; when hard pressed by the pursuers, she turned upon tlieni, and made them again recoil ; but being here deserted by her friends, and surrounded by the enemy, she was at last, after exerting the ut- most valour, taken prisoner by the Burgundians. The common opinion was, that the French officers, finding the merit of evuvy victory asciibed to her, had, in envy to her renown, by which they thenisclv es were so much eclipsed, willingly exposed her to this fatal accident. The envy of her friends, on this occasion, was not a greater proof of her merit than the triumph of her enemies. A complete victory would not liave given more joy to the English and their partisans. The ser- vice of Te Dettm, which has so often been profaned by princes, was publicly celebrated on this fortunate event at Paris. The duke of Bedford fancied, that, by the captivity of that extraordinary woman, \\lio had blasted all liis successes, he should again recover iiis former ascendant over France ; and to push further the present advantage, he purchased the cai)tivc from John of Luxembourg, and formed a prosecution against her, which, whether it proceeded from vengeance or policy, was equally barbarous and dishonourable. 1431. There was no possible reason why Joan should not be regarded as a prisoner of war, and be entitled to :ill tlie courtesy and good usage which civilized nations practise towards enemies on these occasions. She had never, in her military capacity, forfeited, by any act of treachery or cruelty, her claim to that treatment : she was unstained by any civil crime : even the virtues and the very decorums of her sex had ever been rigidly observed by her : and though her ajipeaiing in war, and leading armies to battle, may seem an exception, she had thereby per- formed such signal service to her prince, that she had abundantly compensated for tliis irregularitj ; and was, on that very account, the more an object of praise and admiration. It was necessary, therelbre, for tho duke of Bedford to interest religion some way in the prosecution ; and to cover, under that cloak, his viola- tion of justice and humanity. The bishop of Beauvais, a man ivhoUy devoted to the English interests, presented a petition against Joan, on pretence that she was taken within the bounds of his diocese ; and he desired to have her tried by an eccle- siastical court, for sorcery, impiety, idolatry, and ma- gic : the univeisity of Paris was so mean as to join in the same request : several prelates, among whom the cardinal of Winchester was the only Englishman, wero appointed her judges ; they held their court in Eoiien, where the young king of England then resided : and the maid, clothed in her former military apparel, but loaded with irons, was produced before this tribunal. She first desired to be eased of her chains ; her judges answered, that she had once already attempted an escape, by throwing herself from a tower; she con- fessed the fact, maintained the justice of her intention, and owned that, if she could, she would still execute that purpose. All her other speeches showed the same firmness and intrepidity ; though harassed with intei-- rogatories during the course of near four months, she never betrayed any weakness or womanish submission ; and no advantage was gained over her. The point, which her judges pushed most vehemently were her visions and revelations, and intercoui'ss with departed saints ; and they asked her, whether she would submit to the church the truth of these inspirations ? she re- plied, that she would submit them to God, the fountain of truth. They then exclaimed, that she was a here- tic, and denied the authority of the church. She ap- pealed to the pope: they rejected her appeal. They asked her why she put her trust in her stand- ard, which had been consecrated by magical iucanta- tions : she replied, that she put trust in the Supreme Being alone, whose image was impressed upon it. They demanded why she carried in her hand that standard at the anointment and coronation of Charles at Rheims ; she answered, that the person who had shared the danger was entitled to sliare the glory. When accused of going to war, contrary to the deco- rums of her sex, and of assuming government and Chap. XX. 1 HENRY VI. 1422—1461 command over men ; slie scrupled not to reply, that her sole purpose was to defeat the English, and to expel them the kingdom. In the issue, she was con- demned for .ill the crimes of which she had hoen ac- cused, aggravated by heresy ; her revelations were declared to be inventions of the devil to delude the people ; and she was sentenced to be delivered over to the secular arm. Joan so long surrounded by inveterate enemies, who treated herwilh every mark of contumely; brow-hcaten and overawed by nn'u of superior rank, and men in- vested with the ensigns of a sacred character, which she had been accustomed to revere, felt her spirit at liist subdued : .ind those ry dreams of inspira- tion, in which she had been buoyed up by the triumphs of success and the applauses of her own party, gave way to the terrors of that punishment to which she was sentenced. She publicly declared herself willing to recant ; she acknowledged the illusion of those revelations which the church had rejected ; and she promised never more to maintain them. Iler sentence was then mitigated : she was condemned to perpetual imprisonment, and to be fed during life ou bread and water. Enough was now done to fulfil all political views, and to convince both the French and the English, that the opinion of divine influence, which had so much encouraged the one and daunted the other, was entirely without foundation. But the barbarous vengeance of Joan's enemies was not satisfied with this victory. Suspecting that the female dress, which slie had now consented to weai', was disagreeable to her, they pur- posely placed in her apartment a suit of men's apparel ; .and watched for the eft'ects of that temptation upon her. On the sight of a dress in which she had ac- quired so much renown, and which, she once believed, she wore by the particular appointment of Heaven, all her former ideas .and passions revived ; and she ven- tured in her solitude to clothe herself again in the forbidden garment. Iler insidious enemies cauglit her iu that situation : her fault was interpreted to bo no less than a relapse into heresy ; no recantation would now suffice, and no pardon could be granted her. She was condemned to bo burned in the market-place of IloUeu ; and the infamous sentence was accordingly executed. This admirable heroine, to whom the more generous superstition of the ancients would have erected altars, was, on pretence of heresy and magic, delivered over alive to the flames, (14th June,) and ex- piated, by that dreadful punishment, the signal services which she had rendered to her prince and her native country. 1432. The affairs of the English, far from being advanced by this execution, went every day more and more to decay ; the great abilities of the regent were unable to resist the strong inclination, which had seized the French, to return under the obedience of their rightful sovereign, and which that act of cruelty was ill fitted to remove. Chartres was surprised by a stratagem of the count of Dunois : a body of the English, imder lord Willoughbv, was defeated at St. Celerin upon the Sarte : the fair in the suburbs of Caen, seated in the midst of the English territoiies, was pill.agcd by de Lore, a French officer ; the duke of Bedford himself was obliged by Dunois to raise the siege of Lagni, with some loss of reputation : and all these misfortunes, though light, yet being continued and uninterrupted, brought discredit on the English, and menaced them with an approaching revolution. But the chief detriment which the regent sustained, was by the death of his duchess, who had hitherto pre- served some appeai'iince of friendship between him and her brother, the duke of Burgundy : and his marriage soon afterwards, with Jacqueline of Luxembourg, was the beginning of a breach between them. Philip com- plained, that the regent had never had the civility to inform him of his intentions, and that so sudden a marriage was a slight on his sister's memory. The Vol.! ca/dinal of Winchester mediated a reconciliation be- tween these princes, and brought botli of them to St. Omer's for that purpose. The duke of Bedford here expected the first visit, both as he was son, brother, and uncle to a king, and because he had already made such advances as to come into the duke of Burgundy's ter- ritories, in order to have an interview with him ; but Philip, proud of his great power and independent dominions, refused to p.ay this comi)liment to the re- gent ; and the two princes, unable to adjust the ceremo- nial, partcpresbing the country, both of friends and enemies. 'J'he fields in all the north of France, which was the seat of war, [1440,] were laid waste and left uncultivated. The cities were gradually depopulated, not by the blood spilt in battle, but by the more destructive pillage of the gar- risons :* and both parties, weary of hostilities which decided nothing, seemed at last desirous of peace, and they set on foot negociations for that purpose. But the proposals of Fr.ince, and the demands of England, were still so wide of each other, that all hope of ac- commodation immediately vanished. The English ambassadors demanded restitution of all the provinces which had once been annexed to England, together with the final cession of Calais and its district ; and required the possession of these extensive territories without the burden of any fealty or homage on the part of their prince : the French offered only part of Guienne, part of Normandy, and Calais, loaded with the usual burdens. It appeared in vain to continue the negociation, while there was so little prospect of .ngrecment. The English were still too haughty to fitoop from the vast hopes which tliey had formci-ly entertained, and to .accept of terms more suitable to the present condition of the two kingdoms. The duke of York soon after resigned his govern- ment to the earl of Warwick ; a nobleman of reputa- tion, whom death prevented from long enjoying this dignity. The duke, upon the demise of that nobleman, returned to his charge, and during his administration, a truce was concluded between the king of England and the duke of Burgundy, which had become neces- sary for the commercial interests of their subjects. The war with France continued in the same languid and feeble state as before. The captivity of five princes of the blood, taken prisoners in the battle of Azincour, was a considei-- able advantage which England long enjoyed over its enemy ; but this superiority was now entirely lost. Some of these princes had died ; some had been ran- bomed ; and the duke of Orleans, the most powerful among them, was the last that remained in the hands of the English. lie offered the sum of 54,000 nobles t for his liberty ; and when this proposal was laid before the council of England, as every question was there an object of faction, the party of the duke of Gloucester, and that of the cardinal of Winchester, were divided in their sentiments with regard to it. The duke reminded the council of the dying advice of the late king, that none of these prisonsrs should on any ac- count be released, till his son should be of sufficient age to hold, himself, the reins of government. The cardinal insisted on the greatness of the sum offered, which, in reality, was near equal to two-thirds of all the extraordinai-y supplies that the parliament, during the course of seven years, granted for the support of the war. And he added, that the release of this prince was more likely to be advantageous than prejudicial to the English interests ; by filling the court of France with faction and giving a head to those numerous malcontents whom Charles was at present able, with gieat difficulty, to restrain. The cardinal's party, as usual, prevailed : the duke of Orleans was rele.ised, after a melancholy captivity of twenty-five years : and the duke of Burgundy, as a pledge of his entire recon- • Fortescue, who soon after ihb period visited France in the train of prince Henry, speaks nf that liinKtlnin as a desert in comparison of England. See Ills treati.se D? Inwiibu.s Anftliij;. Though we malte allowance for the parli- lililies of Fortescue, there must have been some foundation for his account ; and these destructive wars are the most liltely reason to be assigned lor the difference remarlied tiy this author. ♦ This sum was e^ual to .'ilj.lKNJ pounds sterling of our present money. A subsidy of a tenth and fifteenth was fixed by Edward III. at 29,(Hll) pounds, which, in the reipn of Henry VI. made only 6S,(HH1 pounds of our present money. The parliament granted only one subsidy during the course of seven ymrSflrom 143? to l.i44. ciliation with the family of Orleans, facilitated to that prince the payment of his ransom. It must be con- fessed, that the princes and nobility, in those ages, went to war on very disadvantageous terms. If they were taken prisoners, they either remained in captivity during life, or purchased their liberty at the price which the victors were pleased to impose, and which often reduced their families to want and beggary. 1443. The sentiments of the cardinal, some time after, prevailed in another point of still greater mo- ment. That prelate had always encouraged every proposal of accommodation with France ; and had represented the utter impossibility, in the present cir- cumstances, of pushing further the conquests in that kingdom, and the great difficulty of even maintaining those that were already made. He insisted on the extreme reluctance of the parliament to grant sup- plies; the disorders in which the English affairs in Normandy were involved ; the daily progress made by the French king; and the advantage of stopping his hand by a temporary accommodation, which might leave room for time and accidents to operate in favour of the English. The duke of Gloucester, high-spirited and haughty, and educated in the lofty pretensions which the first successes of his two brothers had ren- dered familiar to him, could not yet be induced to relinquish all hopes of prevailing over France ; much less could he see with patience his own opinion thwarted and rejected by the influence of his rival in the English council. But, notwithstanding his opposi- tion, the carl of Suffolk, a nobleman who adhered to the cardinal's party, was dispatched to Tours, in order to negociate with the French ministers. TRUCE WITH FRANCE. May 28. It was found impossible to adjust the terms of a lasting peace ; but a truce for twenty-two months was concluded, which left everything on the present foot- ing between the parties. The numerous disorders under which the French government laboured, and which time alone could remedy, induced Charles to assent to this truce; and the same motives engaged him afterwards to prolong it. But Suffolk, not con- tent with executing this object of his commission, pro- ceeded also to finish another business; which seems rather to have been implied than expressed in the powers that had been granted him. In proportion as Henry advanced in years, his cha- racter became fully known in the court, and was no longer ambiguous to either faction. Of the most harmless, inoffensive, simple manners ; but of the most slender capacity ; he was fitted, both liy the soft- ness of his temper and the weakness of his imder- standing, to be perpetually governed by those who surrounded him ; and it was easy to foresee that bin reign would prove a perpetual minority. As ho had now reached the twenty-third year of his age, it was natural to think of choosing him a queen ; and each party was ambitious of having him receive one from their hand ; as it was probable that this circumstance would decide, for ever, the victory between them. The duke of Gloucester proposed a daughter of the count of Armagnac ; but had not credit to effect his purpose. The cardinal and his friends had cast their eye on 5Iargaret of Anjou, daughter of Regnier, titular king of Sicily, Naples, .ind Jerusalem, descended from the count of Anjou, brother of Charles V., who had left these magnificent titles, but without any real power or possessions, to his posterity. This princess herself was the most accomplished of her age, both in hotly and mind ; and seemed to possess those qualities which would equally qualify her to acquire the ascend- ant over Henry, and to supply all his defects and weaknesses. Of a masculine, courageous sjiirit, of an enterprising temper, endowed with solidity as well 08 vivacity of understanding, she had not been able to 276 THE HISTORY OF ENGLAND. [Chap. XX. cor.ce.il these great talents even in tlie privacy of her father's family; anil it was reasonable to expect, that when she should mount tlio throne, tliey would break cut with still superior lustre. MARRIAGE OF THE KING WITH MARGARET OF ANJOU. The earl of SufiFolU, therefore, in concert with his associates of the English council, made proposals of marriage to Margaret, which were accepted. But this nobleman, besides pre-occupying the princess's favour, , by being the chief means of her advancement, endea- voured to ingratiate himself with her and her family, by very extraordin.ary concessions: though IMargarct brought no dowry with her, he ventured, of himself, without any direct authority from the council, but probably with the approbation of the cardinal and the ruling members, to engage, by a secret article, that the province of Maiue, which was at that time in l*he hands of the English, should be ceded to Charles of Anjou, her uncle, who was prime minister and favour- ite of the French king, and who had already received from his master the grant of that province as his appanage. The treaty of marriage was ratified in England : Suffolk obtained first the title of marquis, then that of duke ; and even received the thanks of parliament for his services in concluding it. The princess foil imme- diately into close connexions with the cardinal and his party, the dukes of Somerset, Suffolk, and Bucking- ham ; who, fortified by her powerful patronage, re- solved on the final ruin of the duke of Gloucester. 1447. This generous prince, worsted in all court intrigues, for which his temper was not suited, but possessing in a high degree the favour of the public, had already received from his rivals a cruel mortifica- tion, which he had hitherto borne without violating public peace, but whicli it was impossible that a person of his spirit and humanity could ever forgive. His duchess, the daughter of Reginald lord Cobham, had been accused of the crime of witchcraft ; and it was pretended that there was found in her possession a waxen figure of the king, which she and her associates, sir Roger Bolingbroke, a priest, and one Margery Jordan, of Eye, melted in a magical manner before a slow fire, with an intention of making Henry's force and vigour waste away by like insensible degrees. The accusation was well calculated to affect the weak and credulous mind of the king, and to giiin belief in an ignorant .age ; and the duchess was brought to tri.al with her confederates. The nature of this crime, so opposite to all common sense, seems always to exempt the accusers from observing the rules of common sense in their evidence : the prisoners were pronounced guilty ; the duchess was condemned to do public pe- nance, and to suffer perpetual imprisonment ; the others were executed. But, as these violent proceed- ings were ascribed solely to the malice of the duke's enemies, the people, contrary to their usual practice in such marvellous trials, acquitted the unhappy suffer- ers ; and increased their esteem and affection towards a prince, who was thus exposed, without protection, to those mortal injuries. MURDER OF THE DUKE OF GLOUCESTER. February 28. These sentiments of the public made the cardinal of "Winchester and hia party sensible that it was neces- sary to destroy a man whose popularity might become dangerous, and whose resentment they had so much cause to apprehend. In order to effect their purpose, a parliament was summoneil to meet, not at London, which was supposed to be too well affected to the duke, but at St. Edinondsbury, where they expected that lie would lie entirely at their mercy. As soon as he appewed, he was accused of treason, and thrown into prison. He was Boon after found dead in his bed; and though it was pretended that his death was ! natural, and though his body, which was exiwsed to public view, bore no marks of outward violence, no one doubted but he had fallen a victim to the ven- geance of his enemies. An artifice, formerly practised in the case of Edward II., Richard II., and Thomas of Woodstock, duke of Gloucester, could deceive nobody. The reason of this .assassination of the duke seems not, that the ruling party apprehended his acquittal in parliament on account of his innocence, which, in such times, was seldom much regarded ; but that they ima- gined his public trial and execution would have been more invidious than his private murder, which they pretended to deny. Some gentlemen of his retinue were afterwards tried as accomplices in his treasons, and were condemned to be hanged, drawn, and quar- tered. They were hanged and cut down ; but just as the executioner was proceeding to quarter them, their pardon was produced, and they were recovered to life. The most barbarous kind of mercy that can possibly be imagined. This prince is said to have received a better educa- tion than was usual in his age, to have founded one of the first public libraries in England, and to have been a great patron of learned men. Among other advan- tages which he reaped from this turn of mind, it tended much to cure him of credulity ; of which the following instance is given by sir Ihonias ilore. There was a man who pretended, that, though he was born blind, he had recovered his sight by touching the shrine ot St. Albans. The duke, happening soon after to pass that way, questioned the man, and, seeming to doubt of his sight, asked him the colours of several cloaks, worn by persons in his retinue. The man told them very readily. " You are a knave," cried tlie prince ; " had you been born blind, you could not so soon have learned to distinguish colours;" and immediately ordered him to be set in the stocks as an impostor. The cardinal of Winchester died si.x weeks after his nephew, whose murder was universally ascribed to him as. well as to the duke of Suffolk, and which, it is said, gave him more remorse in liis last moments, than could naturally be expected from a man hardened, during the course of a long life, in falsehood and in politics. What share the queen had in this guilt is uncertain ; her usual activity and spirit made the public conclude, with some reason, that the duke's enemies durst not have ventured on such a deed with- out her privity. But there happened, soon after, an event of which she and her favourite, the duke of Suffolk, bore incontostably the whole odium. That article of the marriage treaty, by whicli the province of Maine was to be ceded to Charles of Anjou, the queen's uncle, had probably been hitherto kept secret ; and, during the hfetime of the duke of Gloucester, it might have been dangerous to venture on the execu- tion of it. But, as the court of France strenuously insisted on performance, orders were now dispatched, under Henry's hand, to sir Francis Suiienne, governor of JIans, commanding him to surrender that place to Charles of Anjou. Surienne, either questioning the authenticity of the order, or regarding his government as Ills sole fortune, refused compliance ; and it became necessary for a French army, under the count of Du- nois, to lay siege to the city. The governor made as good a defence as his situation could permit ; but receiving no relief from Edmund, duke of Somerset, who was at that time governor of Normandj', he was at last obliged to capitulate, and to surrender not only JIans, but all the other fortresses of that province, which was thus entii-ely alienated from the crown of England. 1448. The bad effects of this measure stopped not here. Surienne, at the head of all his garrisons, amounting to two thousand five hundred men, retired into Normandy, in expectation of being taken into pay, and of being quartered in some towns of that Chap. XXI.] HENRY VI. 1422— 14G1. 277 province. But Somerset, who had no means of sub- sisting such a multitude, and who was probably in- censed at Surienue's disobedience, refused to admit him ; and this adventurer, not daring to commit depre- dations on the territories either of tlie king of France or of England, marched into Britauny, seized the town of Fougercs, repaired the fortifications of Pont- orson and St. James de Beu\Ton, and subsisted his troops by the ravages wliich he exercised on that wliole province. The duke of Britanny com])lained of this violence to the king of France, liis liege lord : Charles remonstrated with the duke of Somerset : that nobleman replied, that the injury was done without his privity, and that he had no authority over Surienne and his companions. Though this answer ought to have appeared satisfactory to Charles, who had often felt severely the licentious, independent spirit of such mercenary soldiers, he never would admit of the apo- logy. He still insisted that these plunderers should be recalled, and that reparation should be made to the duke of Britanny for all the damages whicli he had sustained : and, in order to render an accommodation absolutely impracticable, he made the estimation of damages amount to no less a sum than 1,000,000 crowns. lie was sensible of the superiority which the present state of his afKiirs gave him over England ; and he determined to take advantage of it. STATE OF FRANCE. No sooner was the truce concluded between the two kingdoms, than Charles employed himself, with great industry and judgment, in repairing those numberless ills to which France, from the continuance of wars both foreign and domestic, had so long been exposed. He restored the course of public justice ; he intro- duced order into the finances ; he established disci- pline in his troops ; he repressed faction in his court ; he revived the languid state of agriculture and the arts ; and, in the course a few years, he rendered his kingdom flourishing within itself, and formidable to its neighbours. MeanwliUe, affairs in England had taken a very different turn. The court was divided into parties, which were enraged against each other : the people were discontented with the government : conquests in France, which were an object more of glory than of interest, were overlooked amidst do- mestic incidents, which engrossed the attention of all men ; the governor of Normandy, ill-supplied with money, was obliged to dismiss the greater part of his troops, and to allow the fortifications of the towns and castles to become ruinous : and the nobility and people of that province had, during the late open communica- tion with France, enjoyed frequent opportunities of renewing connexions with their ancient master, and of concerting the means for expelling the English. The occasion, therefore, seemed favourable to Charles for breaking the truce. [1449.] RENEWAL OF THE WAR WITH FRANCE. Normandy was at once invaded by four powerful armies ; one commanded by the king himself, a second by the duke of Britanny, a third by the duke of Alen- yon, and a fourth by the count of Dunois. The places opened their gates almost as soon as the French ap- peared before them : Verneuil, Nugent, Cliateau Gail- lard, Ponteau de Jler, Gisors, Mante, Vernon, Argen- tan, Lisieux, Fecamp, Coutances, Belesme, Pont de I'Arche, fell in an instant into the hands of the enemy. The duke of Somerset, so far from having an army which could take the field, and relieve these places, was not able to supply them with the necessary garrisons and provisions. He retired, with the few troops of which he was master, into Rouen ; and thought it sufl!icient, if till the arrival of succours from England, he could save that capital from the general fate of the province. The king of France, at the head of a formidable army fifty thousand strong, presented himself before the gates : the dangerous example of revolt had infected the inhabitants, and they called aloud for a capitula- tion. Somerset, unable to resist at once both the enemies within and from without, retired with his garrison into the palace and castle, which, being places not tenable, he was obliged to surrender : he pur- chased a retreat to Harfleur (4th November) by the payment of 00,000 crowns, by engaging to surrender Arques, Tancarville, Caudebec, lionfleur, and other places in the higher Nomiandy, and by delivering hos- tages for the performance of articles 1400. The go- vernor of Honfleur refused to obey his orders ; upon which the carl of Shrewsbury, who was one of the hostages, was detained prisoner ; and the English were thus deprived of the only general cajiable of re- covering them from their present distressed situation. Harfleur made a better defence under sir Thoma.s Curson, the governor ; but was finally obliged to open its gates to Dunois. Succours at last appeared from England, under sir Thomas Kyriel, and landed at Cherbourgh : but these came very late, amounted only to 4000 men, and were soon after put to rout at Fourmigni by the count of Clermont. This battle, or rather skirmish, was the only action fought by the English for the defence of their dominions in France, which they had purchased at such an expense of blood and treasm-e. Somerset, shut up in Caen without any prospect of relief, found it necessary to capitulate : Falaise opened its gates, on condition that the earl of Slirewsbury should be restored to liberty : and Cher- bourgh, the last place of Normandy which remained in the hands of the English, being delivered up, the con- quest of that important province was finished in a twelvemonth by Charles, to the great joy of the inha- bitants and of his whole kingdom. THE ENGLISH EXPELLED FRANCE. A like rapid success attended the French arms in Guienne ; though the inhabitants of that province were, from long custom, better inclined to the English government. Dunois was dispatched thither, and met with no resistance in the field, and very little from the towns. Great improvements had been made, during this age, in the structure and management of artillery, and none in fortification ; and the art of defence was by that means more unequal, than either before or since, to the art of attack. After all the small places about Bourdeaux were reduced, that city agreed to submit, if not relieved by a certain time ; and as no one in England thought seriously of these distant con- cerns, no relief appeared ; the place surrendered ; and Bayonne being taken soon after, this whole province, which had remained united to England since the ac- cession of Henry II., was, after a period of three centuries, finally swallowed up in the French monar- chy. Though no peace or truce was concluded between France and England, the war was, in a manner, .at .an end. The English, torn in pieces by the civil dissen- tions which ensued, made but one feeble effort more for the recovery of Guienne ; and Charles, occupied at home in regulating the government, and fencing against the intrigues of his factious son, Louis the Dauphin, scarcely ever attempted to invade them in their island, or to retaliate upon them, by avaUing him- self of their intestine confusions. CHAPTER XXI. HENRY YI. Viiim of the Dukc of York to the Crown The Farl of Warn-ick Ira- peRchmeDt of the Duke of Suffolk Hb Hanishmcnt ami Ucr.th PoptUar InsuirectioD The parties ot York and Lancaster Flm 278 THE HISTORY OF ENGLAND [Chap. XXI Annaaient of the nuke of York First Battle ot St. Albans— -Bittle of Blorc-heath of Northampion A Parliament — ;i)«tllc of Wakc- field Death of the Uiike of York Battle of Mortimer's Cross-— S«ond Battle of St. Albans Kdivanl IV. assumes tlic Uroivn Mis- cellaneous Transactions of this Reign. A WEAK prince, seated ou the throne of Engl.miJ, had never failed, how gentle soever and innocent, to be infested with faction, discontent, rebellion, and civil commotions ; and as the incapacity of llenry ap- peared every day in a fuller light, these dangerous con- sequences began, from past experience, to be univer- sally and justly apprehended. Jlen also of unquiet spirits, no longer employed iv foreign wars, whence they were now excluded by thft situation of the neigh- bouring states, were the more likely to excite intestine disorders, and by their emulation, rivalship, and ani- mosities, to tear the bowels of their native country. But though these causes alone were sufficient to breed confusion, there concmred auothcr circumstance of the most dangerous nature : a pretender to the crown ap- peared : the title itself of the weak prince, who enjoyed the name of sovereignty, was disputed ; and the Eng- lish were now to pay the severe, though late, penalty of their turbulence under Richard II., and of their levity in violating, without any necessity or just reason, the lineal succession of their mouarehs. CLAIM OF THE DUKE OF YORK TO THE CROWN. All the males of the house of Slortimer were extinct ; but Anne, the sister of the last earl of Marche, having espoused the earl of Cambridge, beheaded in the reign of Henry V., had transmitted her latent, but not yet for- gotten, claim to her son Richard, duke of York. This prince, thus descended by his mother from Philippa, only daughter of the duke of Clarence, second son of Edward III., stood plainly in the order of succession before the king, who derived Ids descent from the duke of Lancaster, third son of that monarch ; and that claim could not, in many respects, have fallen into more dan- gerous hands than those of the duke of York. Richard was a man of valour and abilities, of a prudent conduct and mild dispositions : he had enjoyed an opportunity of displaying these virtues in his government of France: and though recalled from that command by the intrigues and superior interest of the duke of Somerset, he had been sent to suppress a rebellion in Ireland ; had suc- ceeded much better in that enterprise than his rival in the defence of Normandy; and had even been able to attach to his person and family the whole Irish nation, whom he was sent to subdue. In the right of his fa- ther, he bore the rank of tirst prince of the blood; and by this station he gave a lustre to his title derived from the family of Jlortimer, which, though of great nobility, was equalled by other families in the kingdom, and had been eclipsed by the royal descent of the house of Lancaster. He possessed an immense fortune from the union of so many successions, those of Cambridge and York on the one hand, with those of Mortimer on the other ; which last inheritance had before been aug- mented by an union of the estates of Clarence and Ulster with the patrimonial possessions of the family of Marche. The alliances too of Richard, by his man-y- ing the daughter of Ralph Nevil, earl of Westmore- land, had widely extended his interest among the no- bihty ; and had prociu'ed him many connexions in that formidable order. The fiimily of Nevil was, perhaps, at this time the most potent, both from their opulent possessions and from the characters of the men, that has ever appeared in England. For, besides the carl of Westmoreland, and the lords Latimer, Fauconbcrg, and Abergavenny ; the earls of Salisbury and Warwick were of that family, and were themselves, on many accounts, the greatest noblemen in the kingdom. The earl of Sahsbnry, brother-in-law to the duko of York, was the eldest son by a second marriage of the earl of Westmoreland ; and inherited by his wife, daughter and heir of Monta- cute, earl of Salisljury, killed before Orleans, the pos- sessions and title of that great family. His eldest son, Richard, had married Anne, the daughter and heir of Boauchamp, earl of Warwick, who ilied governor of France ; and by this alliance he enjoyed the possessions and had acquired the title of that other family, one of the most opulent, most ancient, and most illustrious in England. The personal qualities also of these two carls, especially of Warwick, enhanced the splendour of their nobility and increased their influence over the people, Tliis latter nobleman, commonly known from the sub- sequent events, by the appellation of the King-maker, had distinguished himself by his gallantry in tlie field, by the hospitality of his table, by the magnificence, and still more by the generosity of his expense, and by the spirited and bold manner which attended him in all his actions. The undesigning frankness and open- ness of his character rendered his conquest over men's affections the more certain and infalhble; lus presents were regarded as sure testimonies of esteem and friend- ship ; and his professions as the overflowings of his genuine sentiments. No less than 30,000 persons are said to have daily lived at his board in the different manors and castles which he possessed in England : the militaiy men, allured by his munificence and hos- jjitality, as well as by his bravery, were zealously at- tached to lus interests : the people m general bore him imlimited affection : his numerous retainers were more devoted to his will than to the prince or to the laws: and he was the greatest, as well at the last, of those mighty barons, who formerly overawed the crown, and rendered the people incapable of any regular system of civil government. But the duke of York, besides the family of Nevil, had many other partisans among the great nobility. Courtney, earl of Devonshire, descended from a very noble famUy of that name in France, was attached to his interests: Moubray, duke of Norfolk, had, from his hereditary hatred to the family of Lancaster, em- braced the same party : and the discontents which universally prevailed among the people, rendered every combination of the great the more dangerous to the estabUshed government. Though the people were never willing to grant the supplies necessary for keeping possession cf the con- quered provinces in France, they repined extremely at the loss of these boasted acquisitions ; and fancied, be- cause a sudden irruption could make conquests, that without steady counsels and a uniform expense, it was possible to maintain them. The voluntary cession of Maine to the queen's uncle had made them suspect treachery in the loss of Normandy and Guienne. 'i'hey still considered Margaret as a French woman and a latent enemy of the kingdom. And when they saw her father and all her relations active in promoting the success of the French, they could not be persuaded that she, who was all powerful in the English council, would very zealously oppose them in their enterprises. But the most fatal blow given to the popularity of the crown, and to the interests of the house of Lancas- ter, was by the assassination of the virtuous duke of Gloucester, whose character, had he been alive, would have intimidated the partisans of York; but whose memoiy, being extremely cherished by the peoide, sen'cd to throw an odium on all his murderers. By this crime the reigning family suffered a double jirc- judice ; it was deprived of its firmest support ; and it was loaded with all the infamy of that imprudent and barbarous assassination. As the duke of Suffolk was known to have had an active hand in the crime, he partoolc deeply in the hatred attending it ; and the clamours which necessa- rily rose against him, as prime-mlnist erand declared favourite of the queen, were thereby augmented to a tenfold pitch, and became absolutely uncontrollablf! The great nobility could ill brook to see a Bubject e>;- Chap. XXI.] HENRY VI. 1422—1461. 279 alted above them ; much more one who ■nas only great- graiulson to a merchant, and who was of a birth so miich inferior to theirs. The people complained of his arbitrary measures; which were, in some degree, a necessary consequence of the irregular power then possessed by the prince, but which the least disaffec- tion easily magnified into tyranny. The great acquisi- tions which he daily made were the object of envy ; and as they were gained at the e-xpense of the crown, which was itself reduced to poverty, they appeared, on that account, to all indifferent persons, the more exceptionable and invidious. The revenues of the crown which had long been dis- proportioned to its power and dignity, had been ex- tremely dilapidated during the minority of Henry; toth by the rapacity of tlie courtiers, wliich the king's uncles could not control, and liy the necessary expenses of the Frencli war, wliich had always been very ill supplied by tlie grants of parliament. The royal de- mesnes were dissipated ; and at the same time the king was loaded with a debt of .372,000 pounds, a sum so great, that the parliament could never think of dis- charging it. Tliis nnliappy situation forced the minis- ters upon many arbitrary measures: the household itself could not be supported without stretching to the utmost the right of pm-veyancc, and rendering it a kind of universal robbery upon the people : the i)ublic clamour rose high upon this occasion, and no one had the equity to make allowance for tlie necessity of the king's situation. Suffolk, once become odious, bore the blame of the whole ; and every grievance in every part of the administration, was universally imputed to Ids tyranny and injustice. IMPEACHMENT OP THE DUKE OF SUFFOLK. This nobleman, sensible of the public hatred under which he laboured, and foreseeing an attack from the conimons, endeavoured to overawe his enemies by boldly presenting himself to the charge, and by insist- ing upon his own innocence, and even upon his meiits and those of his family in the public ser\'ice. He rose in the house of peers; took notice of the clamours propagated against him ; and complained, that after ser\'ing the crown in thirty-four campaigns; after living abroad seventeen yeai'S without once returning to his native country; after losing a father and three Tirothers in the wars with France ; after being himself a prisoner, and purchasing his liberty by a great ransom, it should yet be suspected that he had been debauched from Ills allegiance by that enemy whom he had ever opposed with zeal and fortitude, and that he had be- trayed his prince who had rewarded liis services by the highest honours and greatest offices that it was in his power to confer. This speech did not answer the pur- pose intended. The commons, rather provoked at this challenge, opened their charge against him, and sent up to the peers an accusation of high-tre.isou, divided into several articles. They insisted that he had per- suaded the French king to invade England with an armed force, in order to depose the king and to place on the throne his own son, John de la Pole, whom he intended to marry to Margaret, the only daughter of the late John, duke of Somerset, and to whom, he ima- gined, he would by that means acquire a title to the crown : that he had contributed to the release of the duke of Orleans, in hopes that that prince would assist king Charles in expelling the English from France, and recovering full possession of his kingdom : that he had after\vards encouraged that monarch to make open war on Normandy and Guienne, and had promoted his conquests by betraying the secrets of England, and ob- stracting the succours intended to be sent to those pro- vinces: and that he had, without any powers or com- mission, promised by treaty to code the )irovince of Maine to Chailes of Anjou, and had accordingly ceded it ; which proved in the issue the chief cause of the loss of Nonnandy. It is evident, from a renew of these articles, tliat the commons adopted, without iuquiiy, all the popular clamours against the duke of Suffolk, and charged him with crimes of which none but the vulgar could seri- ously believe liim guUty. Nothing can be more incre- dible, than that a nobleman, so little eminent by liis birth and character, could think of acquiring the crown to his family, and of deposing Heniy by foreign force, and, together with him, Margaret, his patron, a jmncess of so much spirit and penetraticu. Suffolk appealed to niany noblemen in the house, who knew that he had intended to many Ids son to one of the coheirs of the earl of Warwick, and was disappointed in his views only by the death of that lady : and he observed, that Slargarct of Somerset could bring to her husband no title to the crown ; because she herself was not so much iis comprehended in the entail settled by act ot parhanicnt. It is easy to account for the loss of Nor- mandy and Guienne, from the situation of affairs in the two kingdoms, without supposing any treacheiy in the English ministers ; and it may safely be affirmed that greater vigour was requisite to defend these pro- vinces from the arms of Charles VII. than to conquer them at first from his predecessor. It could never be the interest of any English minister to betray and abandon such acquisitions ; much less of one who was so well estabUshed in his master's favour, who enjoyed such high honours and ample possessions in his own country, who had nothing to dread but the eft'ects of popular hatred, and who could never think, without the most extreme reluctance, of becoming a fugitive and exile in a foreign land. The only article which carries any face of probability is his engagement for the delivery of Maine to the queen's uncle : but Suffolk maintained, with great appearance of truth, that this measure was approved of by several at the council- table ; and it seems hard to ascribe to it, as is done by the commons, the subsequent loss of Normandy and expulsion of the English Normandy lay open on everj- side to the invasion of the French : Maine, an inland province, must soon after have fallen without any attack: and .^s the English possessed in other parts more fortresses than they could garrison or pro- vide for, it seemed no bad policy to contract their force, and to render the defence practicable by re- ducing it within a narrower compass. The commons were probably sensible that this charge of treason against Suffolk would not bear a strict scru- tiny ; and they therefore, soon after, sent up against him a new charge of misdemeanors, which they also divided into several articles. They aiErmed, among other imputations, that he had procured exorbitant gi-ants from the crown, had embezzled the public money, had conferred offices on improper persons, had perverted justice by maintaining iniquitous causes, and had procured pardons for notorious offenders. The articles are mostly general ; but are not improbable; and as Suffolk seems to have been a bad man and a bad minister, it will not be rash in us to think that he was guilty, and that many of these articles couhl have been proved against him. The court was alarmed at the prosecution of a favourite minister, who lay under such a load of popular prejudices ; and an expedient was fallen upon to save liini from present ruin. The king summoned all the lords, spiritual and temporal, to his apartment : the piisoner was |)roduced before thoni, and asked what he could say in his own defence? He denied the charge; but submitted to the king's mercy: Henry expressed himself not satisfied with re- gard to the first impeachment for treason ; but in con- sideration of the second, for misdemeanors, he declared that, by virtue of Suffolk's own submission, not by any judicial authority, he banished him the kingdom during five years. I'he lords remained silent ; but as soon as they returned to their own house, they entered a pro- test, that this sentence should nowise infringe their privileges; and that, if Suffolk had insisted upon his right, and had not voluntarily submitted to the king's ?so THE HISTORY OF ENGLAND. CHAr. XXI commaiuls, lie was entitled to a trial by his peers in parliament. It was easy to see that these irre^ilar proceedings were meant "to f;vvoin- Suffolk, and that, as he still pos- sessed the queen's confidence, he would, on the first fiivourable opiiortunity, he restored to his country, and be reinstated in his former power and credit. A cap- tain of a vessel was therefore employed by his enemies to intercept him in his passage to France: he was seized near Dover; his head struck off on the side of a long-boat, and his body thrown into the sea. No in- quiry was made after the actors and accomplices in this atrocious deed of violence. The duke of Somerset succeeded to Suffolk's power in the ministry and credit with the queen ; and as he was the person under whose government the French provinces had been lost, the public, wlio always judge by the event, soon made him equally the object of their aniniositv and hatred. The duke of York was absent in Iiclaud during all tliese transactions ; and however it niifht be suspected that his partisans had excited and supported the prosecution against Sufi'olk, no im- mediate ground of complaint could, on that account, lie against him. But there happened, soon after, an incident which roused the jealousy of the court, and discovered to them the extreme danger to which they were exposed from the pretensions of that popular prince. POPULAR INSURRECTIONS. The humours of the people, set afloat by the parlia- mentary impeachment, and by the fall of so great a favourite as Suffollc, broke out in various commotions, which were soon suppressed ; but there arose one in Kent, which was attended witli more dangerous conse- qiiences. A man of low condition, one John Cade, a native of Ireland, who had been obliged to fly into France, for crimes, observed, on his return to England, the discontents of the people ; and he laid on them tlie foundation of projects which were at fii-st crowned with surprising success. He took the name of John Mortimer ; intending, as is supposed, to pass himself for a son of that sir John Slortimer who had been sen- tenced to death by parliament, and executed, in the beginning of this reign, without any trial or evidence, merely upon an indictment of high-treason given in against him.* On the first mention of that popular name, the common people of Kent, to the number of 20,000, flocked to Cade's standard, and he excited their zeal by publishing complaints against the numerous abuses in government, and demanding a redress of grievances. The court, not yet fully sensible of the danger, sent a small force against the rioters, under the command of sir Humphrey Stafford, who was de- feated and slain in an action near Sevenoke ; and Cade, advancing with his followers towards London, encamped on Blackhcath. Though elated by his vic- tory, he still maintained the appearance of moder.a- tiou ; and sending to the court a plausible list of griev- ances, he promised, that when these should he re- dressed, and when lord Say, the treasurer, and Cromer, sheriff of Kent, should be pimished for their malver- sations, he would immediately lay down his arms. The council, who observed that nobody was willing to fight against men so reasonable in their pretensions, carried the king, for present safety, to Kenilwortli ; and the city immediately opened its gates to Cade, who maintained during some time, great order and disci- pline among his followers. He always led them into the fields during the night-time ; and published severe edicts against plunder and violence of every kind : but • Stowe, p. 246. Cotton, p. 564. This author admires tliat such a piece of injustice should have been committed in peaceable times ; he mifiht have auded , and by such \'irluoiis princes as Bedford and Gloucester. But it is to be presumed that Mortimer was guilty- thouph his condemnation \vas higtlly irregular and illeeal- The people liad at this time a very feeble sense of law and a constitution ; and power was very imperfectly restrained by these limits. When the prtKcedinps of parliament were so irregular, it is easy to imagine that tJioGC of a 'itng would bt more su. being obliged, in order to gratify their malevolence against Say and Cromer, to put these men to death without a legal trial, he found that, after the commis- sion of this crime, he was no longer master of their riotous disposition, and that all his orders were neg- lected. They broke into a rich house, which they plundered ; and the citizens, alarmed at this act of violence, shut their gates against them ; and being se- conded by a detachment of soldiers sent them by lord Scales, governor of the Tower, they repulsed the rebels with great slaughter. The Kentishn«?n were so dis- couraged by the blow, that, upon receiving a general pardon from the primate, then chancellor, they re. treated towards Rochester, .and there dispersed. The pardon was soon after annulled, as extorted by vio- lence : a price was set on Cade's head, who was killed by one Iden, a gentleman of Sussex; and many of liia followers were capitally punished for their rebellion. It was imagined by the court, tliat the duke of York had secretly instigated Cade to this attempt, in order to try, by that experiment, the dispositions of the peo- ple towards his title and family; and as the event had so far succeeded to his wish, the ruling party had greater reason than ever to apprehend the future con- sequences of his pretensions. At the same time they heard that he intended to return from Ireland ; and fearing that he meant to bring an armed force along with him, they issued orders, in the king's name, for opposing him, and for debarring him entrance into Eng- land. But he refuted his enemies by coming attended with no more than his ordinary i-etinue : tiie precau- tions of the ministers served only to show him their jealousy and malignity against him : he was sensible that his title, by being dangerous to the king, was also become dangerous to himself : he now saw the impos- sibility of remaining in his present situation, and the necessity of proceeding forward in support of his claim. His partisans, therefore, were instructed to maintain, in all companies, his right by succession, and by the established laws and constitution of the kingdom : these questions became every day more and more the subject of conversation : the minds of men were in- sensibly sharpened against each other by disputes, before they came to more dangerous extremities : and various topics were pleaded in support of the pre- tensions of each party. THE PARTIES OF LANCASTER AND YORK. The partisans of the house of Lancaster maintained, that though the elevation of Henry IV. might at first be deemed somewhat irregular, and could not be justi- fied by any of those principles on which that prince chose to rest his title, it was yet founded on general consent, was a national act, and was derived from the voluntary approbation of a free people, who, being loosened from their allegiance by the tyranny of the preceding government, were moved by gratitude, as well as by a sense of public interest, to entrust the sceptre in the hands of their deliverer: that, even if that establishment were allowed to be at first invalid, it had acquired solidity by time ; the only principle which ultimately gives authority to government, and re- moves those scruples Wliicli tlie irregular steps attend- ing almost all revolutions naturally excite in the minds of the people : that the right of succession was a rule admitted only for general good, and for the maintenance of public order ; and could never be pleaded to tlie overthrow of national tranquillity, and the subversion of regular establishments: that the principles of li- berty, no less than the maxims of internal peace, were injured by these pretensions of the house of York ; and if so many reiterated acts of the legislature, by which the crown was entailed on the present family, were now invalidated, the Englisli must be considered, not as a free people, who could dispose of their own government, but asard was thus secure of the sincere attachment of eitjier of them, for whom he should choose to declare himself. Tlie didie of Burgundy being descended by his mother, a daugliter of I'ortugal, from John of Gaunt, was naturally inclined to favour the house of Lancaster : but this consideration was easily overbalanced by jio- litica.1 motives; and Charles, perceiving the interests of that house to be extremely decayed in England, Bent over his natural brother, commonly called the Bastard of Burgundy, to carry in his name proposals of marriage to Margaret, the king's sister. The alli- ance of Burgundy nas more popular among the Eng- lish than that of France ; the commercial inteiests of the two nations invited the princes to a close union ; their common jealousy of Louis was a natural cement between tliem ; and Edward, pleased with strengthening himself by so potent a confederate, [1408,] soon con- cluded the alliance, and bestowed his sister upon Charles. A league, which Edward at the same time concluded with the duke of Britauny, seemed both to increase his security, and to open to him the prospect of rivalling his predecessors in those foreign conquests, which, however short-lived and unprofitable, had ren- dered tlieir reigns so popular and illustrious. INSURRECTION IN YORKSHIRE. I4CD. But whatever ambitious schemes the king might nave built on these alliances, they were soon frustrated by intestine cuinnio'ions, whicli engrossed all his at- tention. These disorders probably arose not imme- diately from the intrigues of the earl of Warwick, but from accident, aided by the turbulent spirit of the age, by the gen en 1 humour of discontent which tliat popu- lar nobleman liad instilled into the nation, and per- haps by some remains of attachment to the house of Lancaster. The hospital of St. Leonard's, near York, had received, from an ancient grant of king Athel- stane, a right of levying a thrave of corn iqion every plough-land in the county; and .is these charitable establishments are liable to abuse, the countiy people complained that the revenue of the hospital was no longer expended for the relief of the poor, but was secreted by the managei-s, and employed to their jni- vate purposes. After long repining at the contribu- tion, they refused payment. Ecclesiastical and civil censures were issued .against them : their goods were distrained, and their persons thrown into gaol: till, as their ill-humour daily inc-re.ised, they rose in arms; fell upon the officers of the hospital, whom they put to the sword; and proceeded in a body, fifteen thousand strong, to the gates of York. Lord Montague, who commanded in those parts, opposed liimself to their progress; .and having been so fortunate in a skirmish as to seize Robert Uulderne, their leader, he ordered him immediately to be led to execution ; according to the practice of the times. The rebels, however, still continued in arms ; and being soon headed by men of greater distinction, sir lleniy Nevil, son of lord Lati- mer, and Sir John Coniers, they advanced southwards, and began to appear formidable to government. Her- bert, earl of Pembroke, who had received that title on the forfeiture of Jasper Tudor, was ordered by Edward to march a-gainst them, at the head of a body of Welsh- men ; and he was joined by five thousand archers, under the command of Stafford, earl of Devonshire, who had succeeded in th.at title to the family of Courtney, whicli had also been attainted. But a trivial difference about quarters having begotten an animosity between these two noblemen, the earl of Devonshire retired with his archers, and left Pembroke alone to encounter the rebels. BATTLE OF BANBURY. July 26. The two armies approached each other near Ban- bury ; and Pembroke, having pievailed in a skirmish, and having taken Sir Henry Nevil prisoner, ordered him immediately to be put to death, without any form of process. This execution enraged without terrifying the rebels : they attacked the AVelsh army, routed tliem, put them to the sword without mercy ; and having seized Pembroke, they took immediate revenge upon him for tlie death of their leader. The king, imputing this misfortune to the earl of Devonshire, who had deserted Pembroke, ordered him to be executed in a like summary manner. But these .speedy e.xecu- tions, or ratlier open murders, did not stop there: the northern rebels, sending a party to Grafton, seized the earl of Rivers and his son John ; men who had be- come obnoxious by their near relation to the king, and his partiality towards them ; and they were im- mediately e.'iecuted by orders from Sir John Coniers. There is no part of English history since the Con- quest so obscure, so uncertain, so little .authentic, or consistent, .as that of the wars between the two Roses: historians diff'er about many miiterlal circumstances; some events of the utmost consequence, in which they almost all agree, are incredible, and contradicted by records ; [See nute 2 L, at the end of this Vol.;} and it is remarkable that this profound darkness falls upon us just on the eve of the restoration of letters, and when the art of printing was already known in Eu- rope. All we can distinguish with certainty through the deep cloud which covers that period, is a scene of horror and bloodshed, savage manners, arbitrary executions, and treacherous, dishonour.able conduct in all parties. There is no possibility, for instance, of accounting for the views and intentions of the carl of Warwick at this time. It is agreed that he resided, together with his son-in-law, the duke of Clarence, in his government of Calais, during the commencement of this rebellion ; and th.at his brother Sfontague acted with vigour against the northern rebels. Wem.ay thence presume, that the insurrection had not proceeded from the secret counsels and instig.ation of Warwick: though the murder committed by the rebels on the earl of Rivers, his capital enemy, forms, on the other hand, a violent presumption .against him. He and Clarence came over to England, offered their service to Edward, were received without any sns)iicion, were entrusted by him in the highest commands, and still persevered in their fidelity. Soon after, we find the rebels quieted and dispersed by a general paidon granted by Edward from the advice of the carl of Warwick ; but why so conriageous a prince, if secure of AVarwick's fidelity, should h.ave gr.anted a general pardon to men who had been guilty of such violent and personal outrages against him, is not intelligible ; nor why that nohk- Chap XXII EDWARD IV. 1461 — 1482. 291 man, if unfaithful, should have endeavoured to appease a rebellion, of which he was able to make such advan- tages. But it appears that, after this insurrection, there was an interval of peace, during which the king loaded the family of Nevil with honours and fa- vours of the highest nature ; he made lord Mon- tague a marquis by the same u.ame : he created his son George duke of Bedford : he publicly declared his intention of marrying that young nobleman to his eldest daughter, Elizabeth, who, as he had yet no sons, was presumptive heir of the crown : yet we find that soon .after, being invited to a feast by the archbishop of York, a younger brother of Warwick and Montague, he entertained a, sudden suspicion that they intended to seize his person or to murder him : and be abruptly left the entertainment. 1470. Soon after there broke out another rebellion, which is as unaccountable .as all the preceding events; chiefly because no sufficient reason is assigned for it, and because, so far as it api)ears, the family of Nevil had no hand in exciting and fomenting it. It arose in Lincolnshire, and was headed by sir Robert Welles, sou to the lord of that name. The ai-my of the rebels amounted to 30,000 men ; but lord Welles himself, far from giving countenance to them, fted into a sanctuary, in order to secure bis person against the king's anger or suspicions. He w.a.s allured from this retreat liy a promise of safety ; and was soon after, notwithstand- ing this assurance, beheaded, along Avith sir Thomas Dynioc, by orders from Kdward. The king fouglit a battle with the rebels, (13th March,) defeated them, took Sir Hobert Welles and sir Thomas Launde prisoners, and ordered them immediately to be be- headed. WARWICK AND CLARENCE BANISHED. Edward, during these transactions, had entertained so little jealousy of the eai-1 of Warwick or duke of Clarence, that he sent them with commissions of array to levy forces against the rebels: but these malcon- tents, as soon as they left the court, raised troops in their own name, issued declarations against the govern- ment, and complained of grievances, oppressions, and bad ministers. The unexpected defeat of Welles dis- concerted all their measures ; and they retired north- wards into Lancashire, where they expected to be joined by lord Stanley, who had married the earl of Warwick's sister. But as that nobleman refused all concurrence with them, and as lord Montague also re- mained quiet in Yorkshire, they were obliged to dis- band their army, and to fly into Devonshire, where they embarked and made sail towards Calais.* The deputy-governor, whom Warwick had left at Calais, was one Vaudcr, a Gascon, who, seeing the earl return in this miserable condition, refused hiui ad^mit- tance ; and would not so nmch as permit the duclicss of Clarence to land ; though a few days before she bad been delivered on ship-board of a son, and was at that time extremely disordered by sickness. With diffi- culty he would allow a few flagons of wine to be car- ried to the ship for the use of the ladies: but as he was a man of s.agacity, and well acquainteesinevit.abIy tell upon him, be so much as entitled to any pity or 292 THE HISTORY OF ENGLAND [Chap. XXII. Tegivrd from tlie rest of mankind. Clarence was only cue anil twenty ye;irs of ago, and seems to have pos- sessed hut a sleniler capaeiiy; yet could lie easily see the force of these reasons ; and upon the promise of forgiveness from his brother, he secretly engaged, on a favourable ojiportunity, to desert the earl of War- wick, and abandon the Lancastrian party. During this negociation, Warwick was secretly carry- in" on a correspondence of the same nature with his brother the marquis of Jlontague, wlio was entirely trusted by Edward ; and like motives produced a like resolution in that nobleman. The marquis also, that lie might render the projected blow the more deadly and incurable, resolved, on his side, to watch a favour- able ojiportunity for committing his perfidy, and still to main-tain the appearance of being a zealous adhereut to tlie house of York. After these mutual snares were thus arcfully laid, the decision of the quarrel advanced a])ace. Louis pre- pared a fleet to escort the earl of Warwick, and granted him a sujiply of men and money. The duke of Bur- gundv, on the other hand, enraged at that nobleman for his seizure of the Flemish vessels before Calais, and anxious to support the reigning family in England, with whom his own interests were now connected, fitted out a larger fleet with which he guarded the Channel ; and he incessantly warned his brother-in-law of the imminent perils to which he was exposed. But Edward, though always brave and often active, had little foresight or penetration. Ho was not sensible of his danger : he made no suitable preparations against the earl of Warwick : he even said that the duke might spare himself the trouble of guarding the seas, and that he wished for nothing more than to sec Warwick set foot on English ground. A vain confidence in his own prowess, joined to the immoderate love of pleasure, had made him incapable of all sound reason and re- flection. WARWICK AND CLARENCE RETURN, AND KING EDWARD EXPELLED. The event soon happened of which Edward seemed 60 desirous. A storm dispersed the Flemish navy, and left the sea open to Warwick. That nobleman seized the ojiportunity, and setting sail, quickly landed at Dartmoutli, with the duke of Clarence, the earls of Oxford and Pembroke, and a small body of troops ; while the king was in the north, engaged in suppress- ing an insurrection which liad been raised by lord Fitz-IIugh, brother-in-law to Warwick. The scene which ensues resembles more the fiction of a poem or romance than an event in true history. The prodigi- ous jiopidarity of Warwick, the zeal of the Lancastrian party, the spirit of discontent with which many were infected, and the general instability of the English na- tion, occasioned by the late frequent revolutions, drew such multitudes to his standard, that in a very few days his armj' amounted to sixty thousand men, and was continually increasing. Edward hastened south- wards to encounter him ; and the two armies ap- proached each other near Nottingham, where a de- cisive action was eveiy hour expected. The rapidity of Warwick's progress had incapacitated the duke of Clarence from executing his jdan of treachery ; and the marquis of Montague had here the ojijiortunity of striking the first blow. He communicated the design to his adherents, who promised him their concurrence; they took to arms in the night-time, and hastened with loud acclamations to Edward's quarters : the king was alarmed at the noise, and starting from bed, heard the cry of war usually enijjloyed by the Lancastrian jiarty. Lord Hastings, his chamberlain, informed him of the danger, and urged him to make his escape by sjiecdy flight from an army wliere he had so many concealed enemies, and where few seemed zealously attached to his service. He had just time to get on horseback, and lo hurry with a small retinue to Lynne in Norfolk, where he luckily found some ships ready, on board of which he instantly embarked. And after this manner tlie earl of Warwick, in no longer space than eleven days after his first landing, was left entire master of the kingdom. But I'.d ward's danger did not end with his embarka- tion. The Easterlings or Hans-Towns were then at war both with France and England; and some ships of these people hovering on the English coast, espied the king's vessels, and gave chase to them ; nor was it without extreme difficulty that lie made his escape into the port of Alcmaer in Holland. He had fled from England with such precipitation, that he had carried nothing of value along with him, and the only reward which he could bestow on the captain of the vessel that brought him over, was a robe lined with sables; promising him an amjile recompense if foitune should ever become more propitious to him. It is not lilvely that Edward could be very fond of presenting himself in this lamentable plight before the duke of Burgundy ; and that having so suddenly, after his mighty vaunts, lost all footing in his own kingdom, he could be insensible to the ridicule which must at- tend him in the eyes of that prince. Tlie duke, on his part, was no less cmbarras&ed huw he should receive the dethroned monarcli. As he had ever borne a greater afl'ectioi: to the house of Lancaster than to that of York, nothing but jiolitical views had engaged him to contract an alliance with the latter; and he foresaw that jn'obably the revolution in England would now turn this alliance against him, and render the reigning family his implacable and jealous enemy. For this reason, wlien the first rumour of that event reached him, attended with the circumstance of Edward's death, he seemed rather jdeased with the catastrophe ; and it was no agreeable disappointment to find, that lie must either undergo the burden of supporting an exiled prince, or the dishonour of abandoning so near a rela- tion. He began aU'cady to say that Ids connexions were with the kingdom of England, not with the king; and it was indifferent to him whether the name of Ed- ward or that of Henry were employed in the articles of treaty. These sentiments were continually strength- ened by the subsequent events. Vaucler, the dejiuty governor of Calais, though he had been confirmed in his command by Edward, and had even received a pension from the duke of Burgundy on account of his fidelity to the crown, no sooner saw his old master Warwick reinstated in authority than he declared for him, and with great demonstrations of zeal and attach- ment put the whole garrison in his lively. And the intelligence wdiich the duke received every day from England, seemed to jiromise an entire and full settle- ment in the family of Lancaster. HENRY VI. RESTORED. Immediately after Edward's flight had left the king- dom at Warwick's disposal, that nobleman hastened to London ; and taking Henry from his confinement in the Tower, into which he himself had been the chief cause of throwing him, he proclaimed Jiim king with great solemnity. A parliament was summoned in the name of that prince, to meet at Westminster; and as this assembly could jjretend to no liberty while surrounded by such enraged and insolent victors, governed by such an impetuous spirit as Warwick, their votes were en- tirely dictated by the ruling faction. The treaty with Ivfargaret was liere fully executed : Henry was recog- nised as lawful king; but his incajiacity for govern- ment being avowed, the regency was entrusted to Warwick and Clarence till the majority of prince Ed- ward; and in default of that jnince's issue, Clarence was declared successor to the crown. The usual busi- ness also of reversals went on without ojijiosition : every statute made during the reign of Edward was repealed; that prince was declared to be an usurper; he and his adherents were attainted ; and in jiarticulnr Chap. XXII.j EDWARD ?.V 1461—1482. 293 Ricliard, duke of Gloucester, his younger brother: all the attainders of the Lancastrians, the dukes of Somer- Bet and Exoter, the earls of Richmond, Pembroke, Ox- ford, and Ormond, were reversed ; and every one was restored who had lost either honoui-s or fortune by his former adherence to the cause of Henry. The ruling party were more sparing in their execu- tions than was usual after any revolutions during those violent times. The only victim of distinction was John Tibetot, earl of Worcester. 'I his accomplished iierson, born in an age and nation where the nobilit)' valued themselves on ignorance as their privilege, and left learning to monks and schoolmasters, for whom in- deed tlie spurious erudition tliat prevailed wiis best fitted, had been struck with the first rays of true science, which began to penetrate from the south, and liad been zealous, by his exhortation and examjde, to propagate the love of letters among his unpolished countrymen. It is pretended that knowledge had not produced on this nobleman himself the effect which so naturally attends it, of humanizing the temper and softening the heart ; and that he had enraged the Lan- castrians against him by the severities which he exer- cised upon them during the prevalence of his own party, lie endeavoured to conceal himself after the flight of Edward; but was caught on the top of a tree in the forest of Weyhridge, was conducted to London, fried before tlie earl of Oxford, condemned, and exe- cuted. All the other considerable Yorkists either Hed bevond sea, or took shelter in sanctuaries; where the ecclesiastical privileges aftorded them protection. In London alone, it is computed tliat no less than 2000 persons saved themselves in this manner ; and among the rest, Edward's queen, who was there delivered of a son, called by his father's name. Queen Margaret, tlie other rival queen, had not yet appeared in l-jigland ; but on receiving intelligence of Warwick's success, was preparing with prince Edward for her journey. All the banished Lancastrians Hocked to her ; and among the rest the duke of Somerset, son of the duke beheaded after the battle of Hexham. This nobleman, who had long been regarded as the head of the party, had fled into the Low Countries on the discomfiture of his friends ; and as he concealed his name and quality, he had there languished in ex- treme indigence. Philip de Comiues tells us, that he himself saw him, as well as the duke of Exeter, in a condition no better than that of a common beggar; till being discovered by Philip, duke of Burgundy, they had small pensions allotted them, and were living in silence and obscurity when the success of their party called them from their retreat. But both Somerset and Margaret were detained by contrarj* winds from reaching England, till a new revolution in that king- dom, no less sudden and surprising th.an the former, threw them into greater misery than that from whicli they had just emerged. Though the duke of Burgundy, by neglecting Ed- ward, and paying court to the established government, had endeavoured to conciliate tlie friendship of tlie Lancastrians, he found that he had not succeeded to his wish ; and the connexions between the king of France and the earl of Warwick still held him in great anxiety. This nobleman, too hastily regarding Charles as a determined enemy, had sent over to Calais a body of 4000 men, who made inroads into the Low Coun- tries ; and tlie duke of Burgundy saw himself in danger of being overwhelmed by tlie united arms of England and of France. He resolved therefore to grant some assistance to his hrother-in-law ; but in such a covert m.anner as should give the least offence possible to the English government. . . . 147'- He equipped four large vessels in the name of some private merchants at Ter- veer, in Zealand ; and causing fourteen ships to be secretly hired from the Easterlings, he delivered this small sqtiadron to Edward, who, recei\'ing also a sum of money from tlie duke, immediately set sail for Eng- Innd No sooner wis Charles informed of his departun-. than he issued a proclamation inhibiting all his subjects from giving him countenance or assistance ; an artiftco wliich could not deceive the earl of Warwick, but which might serve as a decent pretence, if that nobleman were so disposed, for maintaining friendship with the duke ol Burgundy. EDWARD IV. RETURNS. March 25th. Edward, impatient to take revenge on his enemies, and to recover his lost authority, made an attempt to land with his forces, which exceeded not 2000 men, on the coast of Norfolk ; but being there repulsed he sailed ! northwards, and disembarked at Ravenspur in York- j shire. Finding that the new magistrates who had been appointed by the earl of Warwick, kept tlie people everywhere fnuu joining him, ho pretended, and even made oath that he came not to challenge the crown, but only the inheritance of the house of York, which of right belonged to him ; and that he did not intend to disturb the peace of the kingdom. His partisans every moment flocked to his sta-ndard ; he was admitted into the city of York : and he was soon in such a situa- tion as gave him hopes of succeeding in all his claims and pretensions. The marquis of Jlontague com- manded in the northern counties; but from some mys- terious reasons which, as well as many other important transactions in that age, no histcvrian has cleared up, ho totally neglected the beginnings of an iiisuriectiou which he ought to have esteemed so formidable. War- wick assembled an army at Leicester, with an intention of meeting and of giving battle to the enemy ; but Ed- ward, by taking another road, passed him unmolested, and presented himself before the gates of London. Had he here been refused admittance, he was totally midoiie: but there were many reasons which inclined the citizens to favour him. His numerous friends, issuing from \ heir sanctuaries, were active in his cause ; many rich merchants who had formerly lent him money, saw no other chance for their payment but his restora- tion ; the city dames who had been liberal of their fa- vours to him, and who still retained an affection for this young and gallant prince, swayed their husbands and friends in his favour ; and, above all, the archbishop of York, Warwick's brother, to whom the care of the city was committed, had secretly, from unknown rea- sons, entered into a correspondence with him ; (April lull;) and he facilitated Edward's admission into Lon- don. The most likely cause which can be assigned for those multiplied infidelities, even in the family of Nevil itself, is the spirit of faction, which, when it becomes inveterate, it is very difficult for any man entirely to shake off. The persons who had long distinguished themselves in the York party, were unable to act with zeal and cordiality for the support of the Lancastrians ; and they were inclined, by any prospect of favour or accommodation offered them by Edward, to return to their ancient connexions. However this may be, Ed- ward's entrance into London made hini master not only of that rich and powerful city, but also of the person of Henry, who, destined to be the perpetual sport of fortune, thus fell again into the hands of his enemies. It appears not that Warwick, during his short ad- ministration, which had continued only six months, had been guilty of any unjopnlar act, or had anywise deserved to lose that general favour with wliieh he had so lately overwhelmed Edward. But this prince, who was t'ormerly on the defensive, was now the aggressor; and having overcome the difficulties which always attend the beginnings of an insurrection, pos- sessed many advantages above his enemy: his partisans were actuated by that zeal and courage which the no- tion of an attack inspires: his oiiponents were intimi- dated for a like reason; every one who had been dis- appointed in tlie hopes which he had entertained from Warwick's elevation, either became a cool friend or an open enemy to that nobleman ; and each malcontent, 294 THE HISTORY OF ENGLAND [Chap. XXU. from wliatcvor cause, proved an accession to Edward's army. The king, therefore, foimd liimself in a condi- tion to fiice tlie carl of Warwick ; who being re-enforecd by liis son-in-law, tlic duke of Clarence, aud liis brother the marquis of Montague, took post at Barnet, in the neighbourhood of London. The arrival of qneen Mar- garet was everyday expected, wlio would ha\e drawn to- gether all the genuine Lancastrians, and have brought a great accession to Warwick's forces ; but this very con- sideration proved a motive to the carl rather to hurry on a decisive action than to share the victory with rivals and ancient enemies, who, he foresaw, would, in case of success, claim the chief merit in the enterprise. But while his jealousy was all directed towards that side, he overlooked the Aaugerous intidelity of friends who lay the nearest to his bosom. ] lis brother Mon- tague, who had lately temporized, seems now to have remained sincerely attached to the interests of his fa- mily : but his son-in-law, though bound to him by every tie of honour and gratitude, though he shared the power of the regency, though he had been invested by Warwick in all the honours and patrimony of the house of York, resolved to fulfil the secret engagements which he had formerly taken with his brother, and to .support the interests of his own family: he deserted to the king in the night-time, and carried over a body of 12,000 men along with him. Warwick was now too far advanced to retreat ; and as he rejected with dis- dain all terms of peace offered him by Edward and Clarence, he was obliged to hazard a general engage- ment. BATTLE OF BARNET AND DEATH OF WAR- WICK. April 14. The battle was fought with obstinacy on both sides: the two armies, in imitation of their leaders, displayed uncommon valour: and the victory remained long un- decided between them. But an accident threw the balance to the side of the Yorkists. Edward's cogni- zauee was a sun; that of Warwick a star with rays; and the mistiuess of the morning rendering it difficult to distinguish them, the earl of Oxford, who fought on the side of the Lancastrians, was by mistake attacked by his fiiends, and chased off the field of battle. War- wick, contrary to his more usual practice, engaged that day on foot, resolving to show his army that he meant to share every fortune with them ; and he was slain in the thickest of the engagement ; his brotherunderwent the same fate : and as Edward had issued orders not to give any quarter, a great and undistinguished slaughter was made in the pursuit. There fell about 1500 on the .side of the victors. The same day on which this decisive battle was fought, queen JIargaret and her son, now about eigh- teen years of age, and a young prince of great hopes, landed at Weymouth, supported by a small body of French forces. AVhen this princess received intelli- gence of her husband's captivity, and of the defeat and death of tlie earl of Warwick, her courage, which had supported her imder so many disastrous events, here quite left her; and she immediately foresaw all the dismal consequences of this calamity. At first she took sanctuary in the abbey of Beaulieu; but being encoui'aged by tlie appearance of Tudor, earl of Pem- broke, and Courtney, earl of Devonshire, of the lords AVenloc and St. John, with other men of rank, who exhorted her still to hope for success, she resumed her former spirit, and determined to defend to the itmost the ruins of her tallen fortunes. Slie .advanced through the counties of Devon, Somerset, aud Gloucester, in- creasing her army on each day's march ; but was at last overtaken by the rapid and expeditious Edward, at Teukosbury, on the banks of the Severn. The Lan- castrians were here totally defeated: (4th M.ay;) the earl of Devonshire and lord Wenloc were killed in the field: the duke of Somerset, and about twenty other persons of distinction,having taken shelter in a chnrcli, were snrjounded, dragged out, and immediately bo- headed : about 3000 of their side fell in battle : ajid the army was entirely disper.sed. MURDER OP TRINCE EDWARD. May 21. Queen Margaret and her son were taken prisoners, and brought to the king, who asked the prince, after an insulting manner, how he dared to invade his do- minions? 'the young prince, more mindful of liis high birth than of his present fortune, rej>lied, that he came thither to claim his just inheritance. The un- generous Edward, insensible to pity, struck him on the face with his gauntlet ; and the dukes of Clarence and Gloucester, lord ILastings, aud sir Thomas Grav, taking the blow as a signal for further violence, hurried the prince into the next apartment, aud there dis- ])atched him with their daggers. JIargaret was thrown into the Tower : king Henry expired in that confine- ment a few days after the battle of Teukesbury ; but whether he died a natural or violent death is uncertain. It is pretended, and was generally believed, that the duke of Gloucester killed him with his own hands, but the imiversal odium Hhieh that 2Jrince has incurred, inclined perhaps the nation to aggravate his crimes without any sufficient authority. It is certain, how- ever, that Henry's death was sudden ; aud though he laboured under an ill state of health, this circum- stance, joined to the general manners of the age, gave a natural ground of suspicion: which was rather in- creased than diminished by the exposing of his body to public view. That precaution served only to recall many similar instances in the English history, aud to suggest the comparison. All the hopes of the house of Lancaster seemed now to be utterly extinguished. Every legitimate prince ot that family was dead : almost every great leader of the party had perished in battle or on the scaffold : the earl of Pembroke, who was levying forces in Wales, disbanded his army when he received intelligence of the battle of Teukesbury; and he fled into Britauny ^vith liis nephew, the young earl of Richmond. The bastard of Falcouberg, who had levied some forces, aud had advanced to London during Edward's absence, was repulsed ; his men deserted him ; he was taken prisoner, and immediately executed : and peace being now fully restored to the nation, a parliament was summoned, (Cth October,) which ratified, as usual, all the acts of the victor, and recognised his legal au- thority. But this prince, who had been so firm, and active, and intrepid, during the course of adversity, was still unable to resist the allurements of a prosperous for- tune; and he wholly devoted himself, as before, to pleasure and amusement, after he became entirely master of his kingdom, and had no longer any enemy who could give him anxiety or alarm. He recovered, however, by this gay and inoffensive course of Ufe, and by his easy familiar manners, that popularity which it is natural to imagine he had lost liy the rejieated cruel- ties exercised upon his enemies ; and the example also of his jovial festivities served to abate the former acrimony of faction among his subjects, and to restore the social disjiosition which had been so long inter- rupted between the opposite parties. All men seemed to bo fully satisfied with the present government; and the memory of past calamities served only to impress the people more strongly with a sense of their alle- giance, and with the resolution of never incurring any more the hazard of renewing such direful scenes. But while the king was thus indulging himself in pleasure, he was roused from his lethargy by a prosjiect of foreign conquests, whicli it is probable his desire of popularity, more than the spirit of ambition, had made liim covet. Though he deemed himself little beholden to the duke of Burgundy for the receiition which that prince had given him during his exile, the political ii\- tcrcsts of their states maintained still a close connct-ion Chap XXII.l EDWARD IV. 1461 — 1482. 296 between them ; and tliey agreed to unite their anns in making a powerful invasion on France. A league was formed, in wliicli Kdward stipulated to pass tlie seas with an anny exceeding 10,000 men, and to invade the French temtories. Cliarles promised to join liim with all his forces: tlie Icing was to cliallenge the crown of France, and to obtain at least the provinces of Nor- mandy and Guieniio: tlie duke was to acquire Cham- paignc and some other territories, and to free all his dominions from tlie burden of homage to the crown of France: and neither party was to make peace with- out tlie consent of the other. Tliey were the more encouraged to liope for success from this league, as the count of St. Pol, constable of France, who was master of St. Quintin, and other towns on the Somnie, had secretly promised to join them ; and there were also hopes of engaging tlie duke of Britanny to outer into the confederacy. 1474. The prospect of a French war was always a sure means of making the parHament open theirpiirses, as far as the habits of that ago would permit. Tliey voted the king a tenth of rents, or two shillings in the pound ; which must have been very inaccurately levied, since it produced only 31,4G0 pounds ; and they added to this supply a whole fifteenth, and tliree quarters of another ; but as the Iciiig deemed these sums still un- equal to the undertaking, he attempted to le\-y money by way of benevolence ; a Icind of exaction which, except during the reigns of Henry III. and Richard II., had not been much practised in former times, and whicli, though the consent of tlic parties was jn-etended to be gained, could not he deemed entirely voluntary. The clauses annexed to the parliamentary gr.ant show suffi- ciently the spirit of the nation in tliis respect. The money levied by the fifteenth was not to be put into the king's hands, but to be kept in religious houses ; and if the expedition into France should not take place, it was immediately to be refunded to the people. After these grants the pai'Iiament was dissolved, wliich had sitten near two years and a half, and had under- gone several prorogations ; a practice not very usual at that time in England. INVASION OF FRANCE. 1475. The king passed over to Calais with an army of 1500 men-at-arms, and 15,000 archers; attended by all the chief nobility of England, who, prognosticating future successes from the past, were eager to appear on tliis great theatre of honour." But all their sanguine hopes were damped wlieii they found, on entering the French territories, that neither did the constable open his gates to tlieni, nor tlie duke of Burgundy bring them the smallest assistance. Tliat prince, transported by his ardent temper, had carried all his anuies to a great distance, and had employed them iu wars on tlie fron- tiers of Germany, and against the duke of Lorrain: and though he came iu person to Edward, and endea- voured to apologize for this breach of treaty, there was no prospect that they would be able this campaign to make a conjunction with the English. This circum- stance gave great disgust to the king, and iucUned iiiin to hearken to those advances which Louis coutinually made him for an accommodation. Tliat monarch, more swayed by political views than by the point of honour, deemed no submissions too mean, which might free him fromj enemies wlio had proved so formidable to his predecessors, and who, united to so many other enemies, migiit still shake the well-established goveinment of France. It appears from Comines, that discipline was at this time very im- perfect among the Euglisli ; and that their civil wars, though long contiiuied, yet being alwiivs decided by hasty battles, had still left them ignorant of the im- provements which the military art was beginning to re- • Comlncs, liv, iv. c. .'>. This Rutnor says (c. 1 1 ) that the kiuK artfully hfoimnt over som'^ of the richest of his subjects, who he knew would be soon tired of the war, and would pix>mote all proj)os:;ls of peace, which he oresaxt' voold be toon necessary ceive upon the continent. But as Louis was sensible that the warlike genius of the people v nuld soon render them excellent soldiers, he was far from despising tliem fur their present want of experience; and he employed all his art todetach tliem from tlie alliance of Burgundy. When Edward sent him a herald to claim the crown of France, and to carry him a defiance in case of refusal, so far from answering to this bravado in like liaiighty terms, he replied with great temper, and even made the herald a considerable present : he took afterwards ■an opportunity of sending a herald to the EnglLsh camp ; (29th August ;) and having given him direc- tions to ajiply to the lords Stauley and Howard, who he heard were fiionds to peace, he desired the good offices of these noblemen in promoting an accommoda- tion with their master. As Edward was now fallen into like dispositions, a truce was soon coiuluded on terms more advantageous than honourable to Louis. lie slflpulated to p;iy Edward immediately 75,000 crowns, on condition that he should withdraw Iiis army from France, and promised to pay him 60,000 crowns a year during their joint lives: it was added, that the dauphin when of age should marry Edward's eldest daughter. In order to ratify this treaty, the two mo- iiarchs agreed to have a personal interview ; and for that purpose suitable preparations were made at Pec- quigni, near Amiens. A close rail was drawn across a bridge in that place, witli no larger intervals than would allow the arm to pass; a precaution against a similar accident to that which befcl the duke of Bur- gundy in his conference with the dau])hin at Jlontereau. Edward and Louis came to the opposite sides ; con- ferred privately together; and having confirmed their friendship, and interchanged many mutual civilities, they soon after parted. Louis was anxious not only to gain the king's friend- ship, but also that of the nation, and of all the con- siderable persons in the English cflurt. He bestowed pensions, to the amount of 1G,000 crowns a year, on several of the king's favourites ; on lord Hastings two thousand crowns; on lord Howard and others in pro- portion; and these great ministers were not ashamed thus to receive wages from a foreign , prince. As the two armies, after the conclusion of the truce, remained some time iu the neighbourhood of each other, the EngUsh were not only .admitted freely into Amiens, where Louis resided, but also their charges defrayed, and had wine and lictuals furnished them in every inn, without any payment being demanded. They flocked thither in such multitudes, that once above nine thou- saud of them were iu the town, and they might have made themselves masters of the king's person; but Louis concluding, from their jovial and dissolute man- ner of living, that they had no bad intentions, was careful not to betray the le.ast sign of fear or jealousy And when Edward, informed of this disorder, desired him to shut the gates agaiust them, he replied, that he would never agree to exclude the English from the pl.ace where he resided ; but that Edward, if he pleased, might recall them, and place his own officers at the gates of Amiens to prevent their returning. Louis's desire of confirming a mutual amity with England engaged him even to make imprudent ad- vances, which it cost him afterwards some pains to evade. In the conference at Pecqnigni, he had said to Edward, that he wished to have a visit from him at Paris ; that he would there endeavour to amuse him with tlie ladies; and that, in case any offences were then committed, he would assign him the cardinal of Bourbon for confessor, who from fellow-feeling would not be over and above severe in the penances which he would enjoin. This hint made deeper impression than Louis intended. Lord Howard, who acconiiianicd him back to Amiens, told him, in confidenee, that, if he were so disposed, it would not be impossible to per- suade Edw.ard to take a journey with him to P:iiis, where they might make merry together. Louis pre- 1 tended at lirsl not to hear the offer; but, ou Howard's 296 THE HISTORY OF ENGLAND. [Chap. XXII. repeating it, lie expressed his concern that his wars ' \rith the duke of Burgundy wouhl not permit him to attend liis roval guost, and do Iiim tlio honours he in- tended. " Edward," said he, privately to Comines, "is a very Imndsome and a very amorous prince: some lady at Paris may lilie him as well as he shall do her ; and may invite him to return in another manner. It is better that the sea be between us." Tliis treaty did very little honour to either of these monai-chs ; it discovered the imprudence of Edward, who had taken his measures so ill ■with his aiUes as to be obliged, after such an e-xpensive armament, to return without making any acquisitions adequate to it : it showed the want of dignity in Louis, who, rather than run the hazard of a battle, agreed to subject his kingdom to a tribute, and thus acknowledge the supe- riority of a neighbouring prince, possessed of less power and territory than himself. But, as Louis made interest the sole test of honour, he thought that all the advantage.s of the treaty were on his side, and that he had over-reached Edward, by sending him out of Fi'ance on such easy terms. For this reason he was yery solicitous to conceal his triumph ; and he strictly enjoined his courtiers never to show the English tlie least sign of moekei-y or derision. But he did not him- Belf very carefully observe so prudent a rule: he could not forbear, one day, in the joy of his heart, throwing out some raillery on the easy simplicity of ]*2dward and his council ; when he perceived that he was over- heard by a Gascon who had settled in England. He was immediately sensible of his indiscretion ; sent a message to the gentleman ; and offered him such ad- vantages in his own country, as engaged him to remain in France. "It is but just," said he, "that I pay the penalty of my own talkativeness." Tlie most lionourable part of Loais's treaty with Edward was tlie stipulation for the liberty of queen Margaret, who, tliough after the death of her husband and son, she could no longer be formidable to govern- ment, was still detained in custody by Edward. Louis paid fifty thousand crowns for her ransom ; and that princess, who had been so active on the stage of the world, and who had experienced such a variety of for- tune, passed the remainder of her days in tranquillity and privacy, till tlie year 1482, when she died — an ad- mirable princess, but more illustrious by hcrnudaunted spirit in adversity, than by her moderation in prospe- rity. She seems neither to have enjoyed the virtues, nor been subject to the weaknesses, of her sex ; and was as much tainted with the ferocity, as endowed witli the courage, of that barbarous age in which she lived. Tliough Edward had so little reason to be satisfied with the conduct of the duke of Burgundy, he reserved to that prince a power of acceding to the treaty of Pecquigni : but Charles, when the offer was made Iiim, haughtily replied, that he was able to support himself without the assistance of England, and that he would make no peace with Louis, till three months after Ed- ward's return into his own country. This prince pos- sessed all the ambition and courage of a conqueror ; but being defective in policy and prudence, qualities no less essential, he was unfortunate in all his enter- prises, and perished at last in battle against the Swiss ; a people whom he despised, and who, though brave and free, had hitherto been in a manner overlooked in the general system of Eurojie. The event, which happened in the year 1477, produced a great alteration in the views of all the princes, .and was attended with conse- quences which were fell for many generations. Charles left only one daughter, Mary, by his first wife ; and this princess being heir of his opulent and extensive dominions, was courted by all the potentates of Chris- tendom, who contended for the possession of so rich a prize. Louis, the head of her family, might, by a pro- per application, have obtained this match for tlie dau- phin, and have thereby united to the crown of Fiance all the provinces of the Low Countries, together with Burgundy, Artois, and Picardy, which would at once iiave rendered his kingdom an overmatch for all its neighbours. But a man w holly interested is as rare as one entirely endowed with the ojiposite quality ; and Louis, though impregnable to all the sentiments of generosity and friendship, was, on this occasion, carried from the road of true policy by the passions of ani- mosity and revenge. He bad imbibed so deep a hatred to the house of Burgundy, that he lather chose to subdue the princess by arms, tlian unite her to his family by niarri.ige : he conquered the duteliy of Bur- gundy and that part of Picardy which had been ceded to Philip the Good by the treaty of Arras : but he thereby forced the states of the Netherlands to be- stow their sovereign in marriage of Ma.ximilian, of Austria, son of the emperor Frederic, from whom they looked for protection in their present distresses : and by these means France lost the opportunity, which she never could recall, of making that important acquisition of power and territory. Daring this interesting crisis, Edward was no less defective in policy, and was no less actuated by private passions, unworthy of a sovereign and a statesman. Jealousy of his brother Clarence had caused him to neglect the advances which were made of marrying that priuce, now a widower, to the heiress of Bur- gundy ; and he sent her proposals of espousing An- thony, earl of Rivers, brother to his queen, who still retained an entire ascendant over him. But the match was rejected with disdain ; and Edward resenting this treatment of his brother-in-law, permitted France to proceed without iuterrnptiou in her conquests over his defenceless ally. Any pretence sufficed him for aban- doning himself entirely to indolence and pleasure, which were now become his ruling passions. The only object which divided his attention, was the improve- nient of tlie public revenue, which had been dilapi- dated by the necessities or negligence of his predeces- sors ; and some of his expedients for that purpose, though unknown to us, were deemed, during the time, oppressive to the people. The detail of private wrongs naturally escapes the notice of history ; but an act of tyranny, of which Edward was guilty in his own family, h.os been taken notice of by all writers, and has met with general and deserved censure. TRIAL AND EXECUTION OF THE DUKE OF CLARENCE. The didce of Clarence, by all his services in deserting Warwick, had never been able to regain the king's friendship, which he had forfeited by his former con- federacy with that nobleman. He was still regarded at court as a man of a dangerous and a fickle charac- ter ; and the imprudent openness and violence of his temper, though it rendered him much less dangerous, tended extremely to multiply his enemies, and to in- cense them against him. Among others, he had the misfortune to give displeasure to the queen herself, as well as to his brother, the duke of Gloucester, a prince of the deepest policy, of the most unrelenting ambi- tion, .and the least scrupulous in the means >vhich he employed for the attainment of his emils. A combi- nation between these potent adversaries being secretly formed against Clarence, it was determined to begin by .attacking his friends : in hopes, that if he patiently endured this injury, his pusillanimity would dishonour him in the eyes of the public ; if lie made resistance, and expressed resentment, his passion would betray him into measures which might give them advantages against him. The king hunting one day in the park of Thomas Burdet, of Arrow, iu Warwickshire, had killed a wliite buck, which was a great favourite of the owner ; and Burdet, vexed at the loss, broke into a passion, and wished the horns of the deer in the bell; of the person who had advised the king to commit that insult upon him. This natural expression of resent- ment, which would have been overlooked or forgotten CuAP. XXII.J EDWARD IV. 1461 — 1482. 207 had it fallen from any other person, was rendered cii- niinal and capital in tliat fjentleman, by tlie friendship in wliich he had the misfortune to live with tlie duke of Clarence : he was tried for his life ; the judges and jury were found servile enough to condemn him ; and he was publicly beheaded at Tyburn for this pretended offence. About the same time, one John Stacey, an ecclesiastic, much connected with the duke, as well as with Burdet, was exposed to a like iniijuitous and barbarous prosecution. This clergyman, being more learned in mathematics and astronomy than was usual in that age, lay under the imputation of necromancy with the ignorant vulgar ; and the court laid hold of this popular rumour to effect his destruction. He was brought to liis trial for that imaginary crime; many of the greatest peers c»untenanecd the prosecution by their presence ; ho was condemned, put to the torture, and executed. The duke of Clarence was alarmed when he found these acts of tyranny exercised on all around him : he reflected on the fate of the good duke of Gloucester ia the last reign, who, after seeing the most infamous pretences employed for the destruction of liis nearest connexions, at last fell himself a victim to the ven- geance of his enemies. But Clarence, instead of secur- ing his own life against tlie present danger by silence and reserve, was open and loud in justifying the inno- cence of his friends, and in exclaiming .igainst the ini- quity of their prosecutors. The king, highly offended with his freedom, or using that pretence against him, committed him to the Tower, summoned a parliament, (ICth .January, 14/8,) and tried him for bis life be- fore the house of peers, the supreme tribunal of the nation. The duke was accused of arraigning public justice, by maintaining the innocence of men wlio had been condemned in courts of judicature : and of inveighing against the iniquity of the king, who had given orders for their prosecution. Many rash expressions were imputed to him, and some too reflecting on Edward's legitimacy; but he was not accused of any overt act of treason ; and even the truth of those speeches may be doubted of, since the liberty of judgment was taken from the court, by the king's appearing personally as his brother's accuser, and pleading the cause against him. But a sentence of condemnation, even when this extraordinary circumstance had not place, was a neces- sary consequence in those times, of any prosecution by the court or the prevailing party ; and the duke of Clarence was pronounced guilty by the peers. The liouse of commons were no le;^ slavish and unjust : they both petitioned for the execution of the duke, and afterwards passed a bill of attainder against him. Tlie measures of the parliament, during that age, furnish us witli examples of a strange contrast of free- dom and servility : they scruple to grant, and some- times refuse, to the king the smallest supplies, the most necessary for the support of government, even tlie most necessary for the maintenance of wars, for which the nation, as well as the p.arliament itself, ex- pressed great fondness : but they never scruple to concur in the most flagrant act of injustice or tyranny, which falls on any indi\idual, however disti^gui^hL•d by birth or merit. These maxims, so ungenerous, so opposite to all principles of good government, so con- trary to the practice of present parliaments, are very remarkable in all the transactions of the English his- tory, for moa-e than a century after the period in which we are engaged. Tlie only favour which the king granted his brother, after his condemuation, was to leave him tlie choice of his death ; and he was privately drowned in a butt of malmsey in the Tower : (IBth February:) a wliimsical choice, which implies that he had an extraordinary passion for that liquor. The duke left two children l)y the elder daughter of ihe earl of Wars-ick ; a boh. W-L I. created an earl by his grandfather's title, and a daugh- ter, afterwards countess of Salisbuiy. Both thisprinc.T and prince-ss were also unfortunate in their end, and died a violent death ; a fate wliicli for many years attended .■'.Imost all the descendants of the royal blood in England. There prevails a report, that the chief source of the violent prosecution of the duke of Cla- rence, whose name was George, was a current pro- pliecy, that the king's son should be murdered by one, the initial letter of whose name was G. It is not impossible but, in those ignorant times, such a silly reason might have some influence : but it is more pi o- bable that the whole story is the invention of a subse- quent period, and founded on the murder of these ciiildren by the duke of Gloucester. Comines remarks, tliat, at tliat time, the English never were without some superstitious prophecy or other, by which they accounted for every event. DEATU AND CHARACTER OF EDWARD IV. Jpiil 9. All the glories of Edward's reign terminated with the civil war; where his laurels too were e.xtremelv sullied with blood, violence, and cruelty. His spirit seems afterwards to have been sunk in indolence and pleasure, or his measures were frustrated by imprudence and the want of foresight. There was no olyect on which he was more intent than to have all his daugh- ters settled by splendid marriages, tiiough most of these princesses were yet in their infancy, and though the completion of his views, it was obvious, must depend on numberless accidents, which were impossi- ble to be foreseen or prevented. His eldest daughter, Elizabeth, was contracted to the dauphin : his second. Cicely, to the eldest son of James III, king of Scot- land; his third, Anne, to Philip, only son of Jlaximi- liau and tire duchess of Burgundy; his fourth to John, son and heir to Ferdinaikd, king of Anagon, and Isa- bella, queen of Castile. None of these projected mar- riages took place; and the king himself saw, in his lifetime, tlie rupture of the first, tliat with the dauphin, for which he had always discovered a peculiar fond- ness. Louis, who paid no regard to treaties or engage- ments, found his advant.ige in contiuctiiig the dauphiu to the princess Marg.aret, daughter of Maximilian ; and the king, notwithstanding bis indolence, prepared to revenge the indignity. 1482. The French inonaieh, eminent for prudence as well as perfidy, endeavoured to guard against the blow ; and by a proper distribu- tion of presents in the court of Scotland, he incited James to make war upon England. This prince, who lived on bad terms with his own nobility, and whose force was very unequal to the enterprise, levied an army; but when he was ready to enter England, the barons conspiring against his favourites, put them to death without trial; and the army presently disbanded. The duke of Gloucester, attended by the duke of Albany, .James's brother, who had been banished hia country, entered Scotland at the head of an army, took Berwick, and obliged the Scots to accept of a peace, liy which they resigned tliat fortress to Edward. This success emboldened the king to think more seriously of a French war; but while he was making pre* paratious for that enterprise, he was seized with a distemper, of which he expired in the forty-second year of his age, and the tnenly-third of his reign ; a prince more splendid and showy, than cither prudent or virtuous; brave, though cruel; addicted to pleasure, though capable of activity in great emergencies : and less fitted to prevent ills by wise preeaution.s, than to remedy them after they took place, by his vigour and enterprise. Besides five daughters, this king left two sons; Edw.ard, prince of Wales, his successor, then in his thirteenth year, and Richard, du'iie of 'York, in his iiintli. 2Q 298 THE HISTORY OF ENGLAND. [CuAP. xxiri. CHAPTER XXIII. KDWARD V. AND RICHARD III. Cdwxrd V St«M of the Court The E»rl of Hivcn nrreste.1 Duke t.l Gloucester Protectr.r Execution of LonI Hastincs The Protector aims at theCnm-n Assumes tlie Crou-n Mut^ltTof Kdw.inl V. And of the Duke of York Hichanilll. Duke >;f Iku-kini;hiun disroii- ttnied The Karl of Richmond Huckinghair. extvuted Invasion bj tile Earl of Hicbmood Battle of Uoswonh Deatli and i:tiaracter ofKichaidlil. KDWARD V. 1483. DURING the latter years of Edward IV. the nation having, in a great measure, foi-gottoii tlie bloody fouds between the two roses, and peaceably aciniies- cing in the est.iblished government, was agitated onh' by some court intrigues, which, being restrained by the authority of the king, seemed nowise to endanger the public traiuiuillity. These intrigues arose from the perpetual rivalship between two parties ; one coii- bisting of the queen and her relations, particularly the earl of Rivers, her brother, and the marquis of Dorst-t, her son ; the other composed of the ancient nobility, who envied the sudden growth and unlimited credit of that aspiring family. At the head of this latter party was the duke of Buckingham, a man of very noble birth, of ample possessions, of great alliances, of shin- ing pai-ts ; who, though he had married the queen's sister, was too haughty to act in subserviency to her inclinations, and aimed rather at maintaining an inde- pendent influence and authority. Lord Hastings, the chamberlain, was another leader of the same party ; and as this noblenidu had, by his bravery and actiWty, avj well as by his approved fidelity, acquired the confi- dence and favour of his m.aster, he had been able, though with some difficulty, to support himself against the credit of the queen. The lords Howard and Stan- ley maintained a connexion with these two noblemen, and brought a consider.ible accession of influence and reputation to their party. All the other barons, who had no particular tlependence on the queen, adhered to the same interest ; and the people in general, from their natur.al envy against the prevailing power, bore great favour to the cause of these noblemen. But Edward knew that, though he himself had been able to overawe those rival factions, many disorders might arise from their contests dui-ing the minority of liis son ; and he therefore took care, in his last illness, to summon together several of the leaders on both sides, and, by composing their ancient quarrels, to pro- vide, as far as possible, for the future tranquillity of the government. After expressing liis intentions that his brother, the duke of Gloucester, then absent in the north, should be entrusted with the regency, he re- commended to them peace and unanimity during the tender years of his son ; represented to them the dan- gers which must attend the continuance of their ani- mosities ; and engaged them to embrace each otber with all the appearance of the most cordial reconcili- ation. But this temporary or feigned agreement lasted no longer than the king's Ufe : he had no sooner ex- pired, than the jealousies of the parties broke out afresh ; and each of them applied, by separate mes- sages, to the duke of Gloucester, and endeavoured to acquire his favour and friendship. This prince, during Ms brother's reign, had endea- voured to live on good terms with both parties ; and his liigh birth, his extensive .ihiUties, and his great ser\nces, had enabled him to support himself without falling into a dependence on either. But the new situation of affairs, when the supreme power was de- volved upon him, immediately changed his measures ; and he secretly determined to rjreserve no longer that neutrahty which he had hitherto maintained. His ex- orbitant ambition, unrestrained liy any principle either of justice or humanity, made him carry his views to the possession of the cixiv/u itself; and as this object could not be itttained without the rnin of the queen and her fiimily, he f«ll, without hesitation, into con- cert with the opposite party. But being sensible, that the most profound dissimulation was requisite for effecting his criminal purposes, he redoubled his pro- fessions of zeal and attachment to that princess ; and he gained such credit with her, as to influence her con- duct in a point, which, as it was of the utmost impor- tance, was \iolently disputed between the ojiposito factions. The young king, at the time of his father's death, resided in the castle of Ludlow, on the borders of Wales, whither he had been sent, that the influence of his presence might overawe the AVclsh, aud restore the tranquillity of that country^ which had been dis- turbed by some late commotions. His person was committed to the care of liis uncle, the earl of Rivers. the most accomplished nobleman in England, who. having united an uncommon taste for literature* to great abilities in business, and valour in the field, was entitled by his talents, still more than by nearness of blood, to direct the education of the yonng monarch. The queen, anxious to preserve that ascendant over her son, which she had long maintained over her hus- band, WTote to the earl of Hivei-s, that he should levy a body of forces, in order to escort the king to London, to protect him during his coronation, and to keep him from falling into the hands of their enemies. The opposite faction, sensible that Edward was now of an age when great advantages could be made of his name aud countenance, and was approacliing to the age when he would be legally entitled to exert in person his authority, foresaw, that the tendency of this mea- sure was to perpetuate their subjection under their rivals ; and they vehemently opposed aresolution which they represented as the signal for renewing a civil war in the kingdom. Lord Hastings threatened to depart instantly to his government of Calais; the other nobles seemed resolute to oppose force by force ; and as the duke of Gloucester, on pretence of pacifying the quar- rel, had declared against all appearance of an armed power, which might be dangerous, and was nowise necessary, the queen, trusting to the sincerity of liis friendship, and overawed by so violent an opposition, recalled her orders to her brother, and desired him to bring up no greater retinue than should be necessary to support the state and dignity of the young sove- reign. The duke of Gloucester, meanwhile, set out from York, attended by a numerous train of the northern gently. When he reached Northaniptou, he wa.s joined by the duke of Buckingham, who was also attended by a splendid retinue ; and as he heard that the king was hourly expected on that road, ho re- solved to await his arrival, under colour of conducting him thence in person to London. The earl of Rivers, apprehensive that the place would be too narrow to contain so many attendants, sent his pu])il forward by another road to Stouy-S^ratford ; and came himself to Northampton, in order to apologize for this measure, and to pay his respects to the duke of Gloucester. He was received with the greatest appearance of cordi- ality : he passed the evening in an amicable manner witii Gloucester and Buckingham ; he proceeded on the road with them next day to join the Icing ; but as he was entering Stony-Stratford, he was aiTcsted by orders from the duke of Gloucester : sir Richard Gray one of the queen's sons, was at the same time put under a guard, together with sir Thomas Vaughan, who possessed a considerable office in the king's house- hold ; and all the prisoners were instantly conducted to Pomfret. Gloucester approached the yoimg prince with the greatest demonstrations of respect ; and en- deavoured to satisfy him with regard to the violence • ITiis nobleman first inlroduceil the noble art of printing into En>:liiml. Caxton was recommended by him to tiic patronage of Kdfvard IV. Sec C'ala- loffuc of Koyal and Noble Authors k ElCBWAlSilC) V. Cecap XXTir.1 EDWARD V. 1483 299 conimittpd on his uncle and brother : but Edward, miioU attached to tlicse near relations, by wliom lie had been tenderly educated, was not siicli a master of disslmidation as to conceal his displeasure. The people, however, were extremely rejoiced at this revolution ; and ihe duke was received in London (4th May) witli the loudest acclamations; but the queen no sooner received intelligence of her brother's iin]uisonnient, than she foresaw that Gloucester's vio- lence would not stop there, and that her own ruin, if not that of all her children, was finally determined. She therefore fled into the sanctuary of Westminster, attended by the marquis of Dorset ; and she carried thither the five princesses, together with the duke of York. She trusted, that the ecclesiastical privileges which had formerly, during the total ruin of her hus- band .and family, given her protection ag.ainst the fury of the Lancastrian faction, would not now be violated by her brother-in-law, while her son was on the throne ; and she resolved to await there the return of better fortune. But Gloucester, anxious to have the duke of York in his powei', proposed to take him by force from the s.anctuary; and he represented to the privy- council, both the indignity put upon the government by the queen's ill-grounded .apprehensions, and the ne- cessity of the young prince's, appearance at the ensuing corontition of his brother. It was further urged, that ecclesiastical i)rivilpges were originally intended only to give protection to unliappy men persecuted for their debts or crimes ; and were entirely useless to a person who, by reason of his tender .age, could lie under the burden of neither, and who, for the same reason, was utterly incap.able of claiming security from any s.anc- tuary. But the two archbishops, cardinal Bourchier, the primate, and Itotherham, archbishop of York, pro- testing against the sacrilege of this measure, it was agreed, that they should first endeavour to bring the queen to compliance by persuasion, before any vio- lence should be em])loyed against her. These prelates v.'ere per.sons of known integrity and honour; and being themselves entirely persuaded of the duk Chap. XXIII.] RICHARD in. 1483—1485. .'{01 of hearing the cry, '• God save Kinji liicliard !" Tie waf? surprised to observe them silent ; and turning about to the mayor asked him the reason. The mayor replied, that perhaps they did not understand liim. Bucking- ham then repeated his discourse with some variation ; enforced the same topics, asked the same question, and was received with the same silence. " I now see the cause," said the mayor; "the citizens are not accus- tomed to he harangued by any but their recorder ; and know not how to answer :i jiorson of your grace's quality." The recorder, Fitz-W'illiams, was then com- manded to repeat the substance of the duke's speech ; but the man. who was averse to the ofHce, took care, throughout his whole discourse, to h.ave it understood that he spoke nothing of himself, and th.at he only conveyed to them the sense of the dul;c of Bucking- ham. Still the audience kept- a profound silence : " This is wonderful obstinacy," cried the duke. " Ex- press your meaning, my friends, one way or other : when we apply to you on this occasion, it is merely from the regard which we bear to you. Tiie lords and commons have sufficient authority, without your con- sent, to appoint a king : but I require you here to de- clare, in plain terms, whether or not you will iiave the duke of Gloucester for your sovereign?" After .ill these efforts some of the meanest appi'cntices, incited by the protector's and Buckingham's servants, raised a feeble cry, " God savr King Richard ! " The sentiments of the nation were now sufficiently declared : the voice of the people was the voice of God ; and Buckiughara, with the mayor, hastened to Baynard's castle, where the protector then resided, that they might make liim a tender of the crown. (25th June.) ' .' When Richard was told that a great. multitude was in the court, he refused to appear to , them, and pre- tended to be apprehensive for his personal safety : a circumstance taken notice of by Buckingham, who observed to the citizens that the prince was ignorant of the whole design. At last he was persuaded to step forth, but he still kept at some distance ; and lit asked the meaning of their intrusion and importunity. Buckingham told him that the nation was resolved to have him for king : the protector declared his purpose of maintaining his loyalty to the present sovereign, and e.xhortcd them to adhere to the same resolution. He was told that the people had determined to have another prince ; and if he rejected their unanimous voice, they must look out for one who would be more compliant. This argument was too powerful to be resisted : he was prevailed on to accept of the crown : and he thenceforth acted as legitimate and rightful sovereign. MURDER OF EDWARD V. AND OF THE DUKE OF YORK. This ridiculous farce was soon after followed by a scene truly tragical: the murder of the two young princes. Richard gave orders to sir Robert Biaken- b\iry, constable of the Tower, to put his nephews to death ; but this gentleman, who had sentiments of lionour, refused to have any li.and in the infamous office. The tyrant then sent for sir James Tyircl, who promised obedience ; and he ordered Brakenbury to resign to this gentleman the keys and government of the Tower for one night. Tyrrel, choosing three asso- ciates, Slater, Dighton, and Forest, came in the night- time to the door of the ch.amber where the princes were lodged ; and sending in the assassins, he bade them execute their commission, while he himself staid without. They found the young princes in bed, and fallen into a profound sleep. After suffocating them with a bolster and pillows, they showed their naked bodies to Tyrrel, who ordered them to be buried at the foot of the st.airs, deep in the ground, under a heap of stones. These circumstances were all con- fessed by the actors in the following reign ; and they were never punished for the crime : probably, becanso Henry, whose maxims of government were extremely arbitrary, desired to establish it as a principle, that the commands of the reigning sovereign ought to justify every enormity in those who paid obedience to them. But there is one circumstance not so easy to be accounted for : it is pretended that Richard, dis- pleased with the indecent manner of burying his ne- phews, whom he had murdered, gave his chaplain orders to dig uji the bodies, and to inter them in con- secrated ground ; and as tlie man died soon after, the place of their burial remained unknown, and the bodies could never be found by any search which Henry could make for them. Yet, in the reign of Charles II., when there was occasion to remove some stones, and to dig in the very spot which was men- tioned as the place of their first interment, the bones of two persons were there found, which by their size exactly corresponded to the age of Edward and his brother : they were concluded with certainty to be the remains of those princes, and were interred under a marble monument, by orders of king Charles. Per- haps Richard's chaplain had died before he found an opportunity of executing his master's commands ; and the bodies being supposed to be already removed, a diligent search was not ma:dc for theiii by Ileurj' in the place where they had been buried. RICHARD in. THE first acts of Richard's administration were to bestow rewards on those w ho had assisted him in usurping the crown, and to gain by favours those who he thought were best able to support his future go- vernment. Thomas, lord Howard, was created duke of Norfolk; sir Thomas Howard, his son, carl of Surrey ; lord Love!, a viscount by the same name ; even lord Stanley was set at liberty, and made stew- a -d of the household. This nobleman had become obnoxious by his first opposition to Rich.ird's views, and also by his marrying the countess dowager of RicJimond, heir of the Somerset family ; but sensible of the necessity of submitting to the present govern- ment, he feigned such zeal for Richard's service, that he was received into favour, and even found means to be entrusted with the most impo.tant commands by that politic and jealous tyrant. But the person who, both from t!ie greatness of his services, and the power and splendour of his family, was best entitled to favours under the new govern- ment, was the duke of Buckingham ; and Richard seemed determined to spare no pains or bounty in se- curing him to his interests. Btickiugliam was de- scended from a daughter of Thomas of Woodstock, duke of Gloucester, uncle to Richard II., and by this pedigree he not only was allied to the royal family, but had claims for dignities as well as estates of a very extensive nature. The duke of Gloucester, and Henry, earl of Derby, afterwards lienry IV., had married the two daughters and coheirs of Bohun, earl of Hereford, one of the greatest of the ancient barons, whose immense property came thus to be divided into two shares. One was inherited by the family of Buck- ingham; the other was united to the crown by the house of Lancaster, and, after the attainder of that royal line, was seized as leg.ally devolved to them by the sovereigns of the house of York. The duke of Buckingham laid hold of the present opportunity, and claimed the restitution of that portion of the Hereford estate which had escheated to the crown, as well as of the great office of constable, which had long continued by inheritance in his ancestors of that family. Richard readily complied with these demands, whii li were pro- bably the price stipulated to Buckingham for his as- sistance in promoting the usurpation That nobleman ■602 TIIK HISTORY OF ENGLAND. [Chap. XXIII. was inTcsfcd with (lie office of constal)le; he rcceiverl a ffrant of tho estate of Hereford ; many other digni- ties and hononr.s were conferred npon him ; and the king thonght himself sure of preserving the fidelity of a man wliose iiiterests Kcemed so closely connected with those of the present government. DUKE OF BUCKINGHAM DISCONTENTED. But it was impossible that friendship could long re- main inviolate hetweeii two men of snch corrupt minds as Richard and the dnke of Buckingham. Histori.ans ascrilie their first rupture to the king's re- fusal of making restitution of the Hereford estate; but it is certain, from records, that lie passed a grant for that piirpose, and that the full demands of Buck- ingham were satisfied in this ]>articular. Perhajjs Richard was soon sensible of the danger which miglit ensue from conferring such an immense property on a man of so turbulent a disposition, and afterwards raised difficulties about the execution of his own grant: per- haps lie refused some other demands of Bucking- ham, whom ho found it impossible to gratify for Iiis past services : jierhaps he resolved, according to the usual maxim of politicians, to seize the first oppor- tunity of ruining this powerful subject, who had been the principal instrument of his own elevation ; and the discover}- of this intention begat the first discon- tent in the duke of Buckingham. However this m.ay be, it is certain that the duke, soon .after Richard's accession, begiin to form a conspiracy against the go- vernment, and attempted to overtiirow that usurpa- tion which he himself had so zealously contributed to establish. Never was there in any country an usurpation more flagrant th.an that of Richard, or more repugnant to every principle of justice and public interest. His claim was entirely founded on impudent .allegations, liever attempted to be proved, some of them inca- pable of proof, and .all of them implying scandalous reflections on his own family, and on the persons with whom he was the most nearly connected. His title was never .acknowledged by any national assembly, scarcely even by the lowest populace to whom he appealed ; and it had become prevalent, merely for want of some person of distinction who might stand forth against him, and give a voice to those senti- ments of general detestation which arose in vxcry bosom. Were men disposed to pardon these viola- tions of public right, the sense of piiv.ate and domestic diit}', which is not to be effaced in the most barliarous times, must li.ave begotten an .abhorrence against him ; .and h.ave represented the murder of the young and innocent princes, his nephews, with whose pi'Oteetioii he liad been entrusted, in the most odious colours imaginable. To endure such a bloody usurper seemed to dr.aw disgr.ace npon the nation, .and to be attended with immediate danger to every individual who was distinguished by birth, merit, or services. Such w.as become the general voice of the peojile; all parties were united in the same sentiments ; and the Lancas- trians, so long oppressed, and of late so much dis- credited, felt their blasted hopes again revive, and anxiously expected the consequences of these extr.a- ordinary events. Tho duke of Buckingham, whose family had been devoted to that interest, and wdio by his mother, a daughter of Edmund, duke of Somerset, was allied to tlie house of Lancaster, was easily in- duced to espouse the cause of this party, and to en- deavour tho restoring of it to its .ancient superiority. Jlortoii, liishop of Ely, a zealous Lancastrian, whom the king had imprisoned, and had afterwards com- mitted to the custody of Buckingham, encouraged these sentiments ; and by his exhort.ations the duke cast Ids eye towards the young carl of Richmond, as the only person who could free tho nation from tho tyranny of the present iisuriier. THE EARL OF RICHMOND. Henry, carl of Richmond, was at this time detained in a kind of honourable custody by the duke of Bri- tanny; and his descent, which seemed to give him some pretensions to the crown, liad been a great object of jealousy both in the late and in the present reign. John, the first duke of Somerset, who was grandson of John of Gaunt by a spurious braneli, but legiti- mated by act of parliament, liad left only one daugh- ter, Margaret ; and his younger brotlier, Edmund, had succeeded him in his titles, and in a considerable part of his fortune. Margaret had espoused ICdmund, earl of Richmond, lialf-brother of Henry VI., and son of sir Owen Tudor .and Catherine of Er.aucc, lelict of Henry V., and she bore him only one son, who re- ceived the name of Henry, and who after his father's death inherited the honours and fortune of Richmond. His mother, being a widow, liad espoused, in second marriage, sir Henr)' Stafford, uncle to Buckingham, and after the death of that gentleman had married lord St.anley ; but liad no children by either of these husb.ands : and her son Henry w.as thus, in the event of her death, the sole heir of all her fortunes. But this was not the most considerable advantage which he had reason to expect from her succession : he would represent the elder branch of the house of So- merset ; he would inherit all the title of that family to the crown ; and thoiigli its claim, while any legitimate br.anch subsisted of the house of Lancaster, had al- ways been mncli disregarded, the ze.al of taction, after tlie death of Henry VI. and the murder of prince Edn aid, immediately conferred a weight and consi- deration upon it. Edward IV., finding that all the Lancastrians had turned their attention towards the young earl of Rich- mond as the object of their hopes, thought him also worthy of his attention ; and pursued him into his re- treat in Britauny, whither his uncle, the earl of Pem- broke, had carried him after the battle of Teukesbury, BO fatal to his party. He .applied to Francis II., duke of Britauny, who was his ally, a weak but a good prince; and urged him to deliver up his fugitive, who might be the source of future disturliaiices in England : but the duke, averse to so dishonourable a proposal, would only consent that, for the security of Edward, the young nobleman should be detained' in custody; and he received an annual pension from England for the safe-keeping or the subsistence of his prisoner. But towards the end of Edward's reign, when the kiugdom was menaced with a war both from France and Scotland, the anxieties of tlie I<2ngli8h court with regard to Henry were much increased ; and Edward made a new proposal to the duke, which covered, under the fairest appearances, the most bloody and treacherous intentions. He pretended that he was de- sirous of gaining his enemy, and of uniting him to his own family by a marriage with his daugliler Eliza- beth ; and he solicited to have him sent over to Eng- land, in order to execute a scheme which would I'e- dound so much to his advantage. These pretences, seconded as is supposed by bribes to.Peter Landais, a corrupt minister, by whom the dnke was entirely governed, gained credit with the court of Britanny. Henry was delivered into the h.ands of the English agents, he was ready to embark : when a suspicion ot Edward's real design w.as suggested to the duke, who recalled his orders, and thus saved the unhappy youth from the imminent d.anger which liung over him. These symptoms of continued jealousy in the reign- ing fiimily of England, both seemed to give some authority to Henry's pretensions and made him the object of general favour and compassion, on account of tlie dangers and jicrsecutions to which he was ex- posed. The univers.al detestation of Richard's •con- duct turned still more the attention of the nation to- w.ards Henry ; and as .all the descendants of the house of York were either women or minors, he seemed to Chap XXIII. 1 RICHARD III 1483—1485. 303 be the only person tVom whom the nation could expect the oxpulbion of the odious and bloody tyrant. But, notwithstanding tliesc circumstances, which -were so favourahlc to him, liuckiufjham and the bishop of Ely well knew that there would still lie many obstacles in his way to the throne; and that though the nation had been much divided between Henry VI. and the duke of York, while present possession and hereditary right stood in opposition to each other ; yet as soon as these titles were united in Edward IV., the bulk of the people li.ad come over to the reigning family i and the Lancastrians had e.xtremely decayed, both in numbers and authority. It was therefore suggested by Morton, and readily assented to by the duke, that the only means of overturning the present usurpation, was to unite the opposite factions, by contracting a marriage between the earl of Richmond and the princess Eliza- beth, eldest daughter of kiug Edward, and thereby blending together the opposite pretensions of their fa- milies, which had so long been the source of public disorders and convulsions. They were sensible that the people were extremely desirous of repose, after so many bloody and destructive commotions ; that both Yorkists and Lanca-strians, who now lay equally under oppression, would embrace this scheme with ardour ; and that the prospect of reconciling the two parties, which was in itself so desirable an end, would, when added to the general hatred against the present go- vernment, render their cause absolutely invincible. In consequence of these views the prelate, by means of Keginald Bray, steward to the countess of Iticlimond, first opened the project of such an union to that lady ; and the plan appeared so advantageous for her sou, and at the same time so likely to succeed, that it ad- mitted not of the least hesitation. Dr. Lewis, a Welsh pliysician, who had access to the queen-dowager in her sanctuary, carried the proposals to her ; and found, that revenge for the m\irder of her brother and of her three sons, apprehensions for her surviving family, and indignation against her confinement, easily over- came all her prejudices against the house of Lancaster, and procured her approbation of a marriage to which the age and birth, as well as the present situation of the parties, seemed so naturally to invite them. She secretly borrowed a sum of money in the city, sent it over to the carl of Itichmond, required his oath to celebrate the marriage as soon as ho should arrive in England, advised him to levy as many foreign forces as possible, and promised to join him on his first appearance, with all the friends and partisans of her family. The plan being thus laid upon the solid foundations of good sense and sound policy, it was secretly commu- nicated to the ])rincipal persons of both parties in all the counties of England ; and a wonderful alacrity appeared in every order of men to forward its success and corapletiou. But it was impossible that so exten- sive a, conspiracy could be conducted in so secret a manner as entirely to escape the jealous and vigilant eye of Richard ; and he soon received intelligence that his enemies, beaded by the duke of Buckingham, were forming some design against his authority. He imme- diotely put liimsett" in a posture of defence bj' leiying troops in the north ; and he summoned the duke to appear at court, in such terms as seemed to promise him a renewal of their former amity. But that noble- man, well acquainted with the barbarity and treachery of Richard, repbed only by taking arms in Wales, and giving the signal to his accomplices for a general insur- rection in all parts of England. But at that very time (October) there happened to fall such heavy rains, so incessant and continued, as exceeded any known in the memory of man ; and the Severn, with the other rivers in that neighbourhood, swelled to a height which ren- dered them impassable, aiui prevented Buckingham from marching into the heart of England to join his associates. The Welshmen, partly moved by supersti- tion at this extraordinary event, partly distressed by famine in their camp, fell ofiF from him ; and Bucking- ham, finding hims'lf deserted by his followers, put on a disguise, and took shelter in the house of Bannister, an old servant of his family. But being detected in his retreat, he was brought to the king at Salisbury ; and was instantly executed, according to the summary method practised in that age. The other conspirators, who took ai-ms in four dift'erent places, at Exeter, at Salisbury, at Newbury, and at Jlaidstone, hearing of the duke of Buckingham's misfortunes, despaired of success, and immediately dispersed themselves. The marqnis of Dorset and the bishop of Ely made their escape beyond sea: mauy others were equally fortunate : several fell into Richard's hands, of whom he made some examples. His executions seem not to have been remarkably severe ; though we are told of one gentleman, WilUani Coliugbourue, who suffered under colour of this rebellion, but in reality for a dis- tich of quibbUng verses which he had composed against Richard and his ministers.' The earl of Richmond, iu concert with his friends, had set sail from St. ilalo's, carrying on board a body of 5000 men, levied in foreign parts ; but his fleet being at first driven back by a storm, he appeared not on the coast of England till after the dispersion of all his friends ; and he found himself obliged to return to the court of Britanny. 1404. The king, everj'where triumphant, and fortified by this unsuccessful attempt to dethrone him, ventured at last to summon a parliament ; (23rd January ;) a measure which his crimes and fJagraut usurpation had induced him hitherto to decline. Though it was natu- ral that the parliament, in a contest of national parties, should always adhere to the victor, he seems to have apprehended, lest his title, founded on no principle and supported by no party, might bo rejected by tluit as- sembly. But his enemies being now at liis feet, the jiarliament had no choice left but to recognise his au- thority , and acknowledge his right to the crown. His only son, ICdward, then a youth of tv/elve years of age, was created prince of Wales : the duties of tonnage and poundage were granted to the king for life ; and Richard, in order to reconcile the nation to his govern- ment, passed some popular laws, particularly one against the late practice of extorting money on pre- tence of benevolence. All the other measures of the king tended to the same object. Sensible, that the only circumstance which could give him security, was to gain the confi- dence of the Yorldsts, be paid court to the queen- dcrivager with such art and address, nuide such earnest pi-otcstations of liis sincere good-will and friendship, that this princess, tired of confinement, and despaii'ing of any success from her former projects, ventured to leave her .sanctuary, and to put herself and her daugh- ters into the hands of the tyrant. But he soon carried further his views for the establi-slimeut of his throne. He had married Anne, the second daughter of the earl of Warwick, and widow of Edward, prince of Wales, whom Richard himself had murdered ; but this prin- cess having borne him but one son, who lUed about this time, he considered her as an invincible obstacle to the settlement of his fortune, and he was believed to have carried her ofl:" by poison ; a crime for which the public could not be supposed to have any solid proof, but which the usual tenor of his conduct made it reasonable to suspect. He now thought it iu his power to remove the chief perils which threatened his government. The earl of Richmond, he knew, could never be formidable but from his ])rf jeeted marriage with the princess Elizabeth, the true heir of the crown ; and he therefore intended, by means of a jjapal dispensation, to espouse, himself, this princess, and thus to unite in his own family their contending titles. The queen-dowager, eager to recover her lost « The lines woe:— "The Rat, the Cat, and LovcJ, that Doj:, Ku'.eaU RnKlantl under the Hog. Alluding tothecaiucs 01' llntcliff anU Catesby ; and to kichArdsanos,nbIca were a bear. 304 THE HISTORY OF ENGLAND. [Chap. XXIll. authority, neither scrupled this aUiance, which was very unusual in England, and was regarded as incestu- ous, nor felt any horror at marrying her daOgliter to the murderer ofhtr three sons and of her brother : she even joined so far her interests with those of tlie usurper, that she wrote to all her partisans, and among the rest, to her son, the marquis of Dorset, desiring them to withdraw from the earl of Richmond ; an in- jury which tlie earl could never afterwards forgive : the" court of Home was applied to for a dispenbatiou : Eichard thought that he could easily defend himself during the interval, till it arrived ; and he had after- wards the agreeable prospect of a full and secure settlement. He liattered hunself that the luighsh na- tion, seeing all danger removed of a disputed succession, would then acquiesce under the dominion of a prince, who was of mature years, of great abilities, and of a genius qualified for government ; and that they would forgive hiui all the crimes which he had committed in paving his way to the throne. But the crimes of Richard were *so horrid and so shocking to humanity, that the natural sentiments of men, without any pohtical or public views, were suffi- cient to render his goverument unstable ; and every person of probity and honoui' was earnest -to prevent the sceptre from being any longer polluted by that bloody and faithless hand which held it. AU the exiles flocked to the earl of Richmond in Britanny, and exhorted liim to hasten his attempt for a new in- vasion, and to prevent the marriage of the princess Elizabeth, which must prove fatal to all his hopes. The earl, sensible of the urgent necessity, but dreading the treachery of Peter Landais, who had entered into a negociation with Richard for betraying him, was obliged to attend only to his present safety ; and he made his escape to the court of France. Tiie ministers of Charles VIII., who had now succeeded to the throne sifter the death of his tatlier Louis, gave him counte- nance and protection ; and being desirous of raising disturbances to Richard, they secretly encouraged the earl in the levies which he made for the support of his enterprise upon England. The earl of Oxford, whom Richard's suspicions had thi-owu into confinement, having made his escape, here joined Henry, and in- flamed his ardoia- for the attempt, by the favourable accounts which lie brought of the dispositions of the English nation, and their universal hatred of Richard's crimes and usurpation. INVASION BY THE EARL OF RICHMOND. Au(/usn,liS5. The earl of Rielimond sot sail from Hai-flenr in Nor- mandy, with a small army of about 2000 men ; and after a navigation of six days, he arrived at Milfoid- haven, in Wales, where he landed without opposition. He directed his course to that part of the kingdom, in hopes that the "Welsh, who regarded him as tliL-ir countryman, and who had been already prepossessed in favour of his cause by means of the duke of Buck- ingham, would join his standard, and enable him to make head against the estabhshed goverument. Rich- ard, who knew not in what quarter he might expect the invader, had taken post at Nottingham, in the centre of the kingdom ; and having given comniissions to different persons in the several counties, whom lie empowered to oppose his enemy, he purposed in per- son to fly on the first alarm to the place exposed to danger. Sir Rice ap-Tliomas and sir Walter Herbert were entrusted with his authority in Wales ; but the former immediately deserted to Henry ; the second made but feeble opposition to him ; and the earl, ad- va'-icing towards Shrewsbury, received every day some re-enforcement from his partisans. Sir Gilbert Tal- bot joined him with all the vassals and retainers of the family of Shrewsbury ; sir Thomas Bourchier and sir Walter Hungerford brought their friends to share his fortunes ; and the appearance of men of distinction in 1 Ids camp, made already his cause wear a favourable aspect. i3ut the danger to wluch Richard was chiefly exposed, proceeded not so much from the zeal of his open ene- mies, as from the infidelity of his pretended friends Scarce any nobleman of distinction was sincerely at- tached to his cause, except the duke of Norfolk ; and all those who feigned the most loyalty were only watching for an opportunity to betray and desert him. But tiie persons of whom he entertained the greatest suspicion, were lord Stanley and his brother, sir Wil- liam ; whose connexions with the family of Richmond, notwithstanding their professions of attachment to his person, were never entirely forgotten or overlooked by him. When he empowered lord Stanley to levj forces, he stUl retained his eldest son. lord Strange, as a pledge for his fideUty ; and that nobleman was, on this account, obhged to employ great caution and re- serve in his proceedings. He raised a powerful body of his friends and retainers in Cheshire and Lancashire, but without openly declaring hunself ; and though Henry had received secret assurances of his friendly intentions, the armies on both sides knew ngt what to infer from his equivocal behaviour. BATTLE OF BOSWORTH. August 22. The two rivals at last approached each other at Bos- worth, near Leicester ; Henry at the head of six thou- sand men, Richard with an army of above double the number ; and a decisive action was every hour ex- pected between them. Stanley, who commauded above seven thousand men, took care to post himself at Atlier- stone, not far from the hostile camps ; and he made such a disposition as enabled him on occasion to join either party. Richa/'d had too much sagacity not to discover his intentions from those movements ; but he kept the secret from his own men for fear of discou- raging them : he took not immediate revenge on Stan- ley's son, as some of his courtiers advised him ; because ho hoped that so valuable a pledge w-ould induce the father to prolong still further his ambiguous conduct : and he hastened to decide by arms the quarrel with liis competitor ; being certain, that a victory over the carl of Richmond would enable him to take ample re- venge on all his enemies, open and concealed. The van of Richmond's army, consisting of archers, was commanded by the earl of Oxford : sir Gilbert Talbot led the right wing ; sir John Savage the left ; the earl himself, accompanied by his uncle, the earl of Pembroke, placed himself in the main body. Richard also took ]iost in his main body, and entrusted the com- mand of liis van to the duke of Norfolk : as his wings were never engaged, we have not learned the names of the several commanders. Soon after the battle began, lord Stanley, whose conduct in this whole affair dis- covers great precaution and abilities, appeared in the field, and declared for the earl of Richmond. This measure, which was unexpected to the men, though not to their leaders, had a proportional eflfect on both armies : it inspired unusual courage into Henry's sol- diers ; it threw Richard's into dismay and confusion. The intrepid tyrant, sensible of his desperate situation, cast his eye around the field, and descrying his rival at no great distance, he drove against liini M'ith fury, in hopes that either Henry's death or his own would de- cide the victory between them. He killed with his own hands sir Wilham Brandon, standard-bearer to the earl ; he dismounted sir John Cheyney : he was now within reach of Richmond himself, who declined not the combat ; when sir William Stanley, breaking in with his troops, surrounded Richard, who, fighting bravely to the last moment, was overwhelmed by numbers, and perished by a fate too mild and honour- able for liis multiplied and detestable enormities, llis men everywhere sought for safety by flight. There fell in this battle about four thousand of the vanquished ; and among these the duke of Norfolk, lord Chap XXIII.l RICHARD III 14S3— 1485. 30& Fermrs of Clinilloy, sir KicharJ K'.itclifTe, sir Robert I'icrcy, and sir Rol'crt Brack eiilmry. The loss was in- consiilerable on tlio side of the vietors. Sir AVilliam Catcsliy, a great instriinient of Uiohard'8 crimes, was taken, and soon after beheaded, with some othere, at Leicester. Tlie body of Kichard was found in tlie field covered with dead enemies, and all besmeared witli blood : it was thrown carelessly across a horse ; was cari'icd to Leicester amidst the shouts of the insulting spectators ; and was interred in the Gray- Friars cmach of that jdace. CUARACTER OF RICHARD III. Tlie historians who favour Richard (for even tliis tjTant has met with partisans amonp; the later writers) maintain, tliat he was well qualified for government, had Ijo legally obtained it ; and that he committed no crimes but such as were necessary to procure him ])0S- session of the crown : but tliis is a poor apology, wlicii it is confessed that ho was ready to commit the most horrid crimes which appeared necessary for that pur- pose; and it is certain, that all his courage and ca- pacity, qualities in wliich lie really seems not to have been deficient, would never nave made compensation to the people for tlie d.-inger of the precedent, and for the contagious examijle of vice and murder, exalted upon tlie throne. This prince was of a small stature, iuimp-baclced, and had a harsh, disagreeable coun- tenance ; so that his body was in every particular no less deformed than his niiiitl Thus have wo pursued the nistory of England through a series of many barbarous ages ; till we have at last reached the dawn of civility and science, and have the prospect both of greater certainty in our his- torical narrations, and of being able to present to the reader a spectacle more wortliy of his attention. The want of certainty, liowever, and of circumstances, is not alike to be complained of throughout every period of tliis long narration. Tliis island jiossesses many ancient historians of good credit, as well as many his- torical monuments ; and it is rare, that the annals of so uncultivated a people, as were the English as well as tlie other European nations, after the decline of Roman learning, have been transmitted to posterity so complete, and with so little nii.\turo of falsehood and of fable. This advantage we owe entirely to the clergy of the church of Home ; who, founding their autliority on their superior knowledge, preserved the precious literature of antiquity from a total extinction ; {See note 2 N, at tho end of this Vol. ;] and under shelter of their numerous privileges and immunities, acquired a security by means of the superstition, which they would in vain have claimed from the justice and hu- manity of those tnrhuleut and licentious ages. Nor is the spectacle altogether unentcrtaining and uninstruc- tive which the history of those times presents to us. The view of human manners, in all their variety of appearances, is both profitable and agreeable ; and if the asjiect in some periods seem horrid and deformed, we may thence learn to cherish with the greater anx- iety that science and civility which has so close a con- ncdon with virtue and humanity, and which, as it is a sovereign antidote against superstition, is also the most ctfectual remedy against vice and disorders of every kind. The rise, progress, perfection, and decline of art and science are curious objects of contemplation, and in- timately connected with a narration of civil transac- tions. The events of no particular period can be fully accounted for, but by considering tlio degrees of ad- vancement which men have reached in those par- ticulars. Those who cast their eye on the general revolutions of society will find, that, as almost all improven.ents of Vol. I. the liuman mind had reached nearly to their state of perfection about the ago of Augustus, there was a sensible decline from that point or period ; and men thenceforlh relapsed gradually into ignorance and bar- barism. The unlimited extent of the Roman empire, and the consequent despotism of its monarchs. extin- guished all emulation, debased the generous spirits of men, and depressed that noble flame by wliich all the refined arts must be cherished and enlivened. The military government which soon succeeded, rendered even the lives and properties of men insecure and pre- carious ; and proved destructive to those vulgar and more necessary arts of agriculture, manufactures, and commerce ; and, in the end, to the military art and genius itself, by which alone the immense fabric of tho empire could be supported. The irruptions of the barbarous nations which soon followed, over- whelmed all human knowledge, which was already far in its decline; and men sunk every ago deeper into ignorance, stupidity, and superstition; till the light of ancient science and history had very nearly suffered a total extinction in all the European nations. Rut there is a point of depression, as well as of ex- altation, from which human affairs naturally return in a contrary direction, and beyond which they seldom pass either in their advancement or decline. The period in which the people of Christendom were the lowest sunk in ignorance, and consequently in dis- orders of every kind, may justly be fixed at the eleventh century, about the age of William the Con- queror; and from that era the sun of science beginning to reascend, threw out many gleams of light, which preceded the full morning w hen letters were revived in the fifteenth century. The Danes, and other uortheru people, who had so long infested all the coasts, and even the inland parts of Europe, by. their depredations, having now learned the arts of tillage and agriculture, found a certain subsistence at home, and were no longer tempted to desert their industry, in order to seek a pr. carious livelihood by rapine and by the plimder of their neighbours. The feudal governments also, among the more southern nations, were reduced to a kind of system; and though that straiige species of civil polity was ill-fitted to ensure either liberty or tranquillity, it w.as preferable to the universal licence and disorder which had everywhere preceded it. But perhaps there was no event which tended further to the improvement of the age, tlian one which has not been much remarked, the accidental finding of a copy of Justinian's Pandects, about the year 1130, in the town of Amalfi, in Italy. The ecclesiastics, who had leisure, and some inclina- tion to study, immediately adopted with zeal this ex- cellent -system of jurisprudence, and spread the know- ledge of it throughout every part of Eurojie. Besides tlie intrinsic merit of the performance, it was recom- mended to them by its original connexion with the im- perial city of Rome, which being the seat of their reli- gion, seemed to acquire a new lustre and authority by the diftusion of its laws over the western world. In less thau ten years after the discovery of the Pandects, V.icarius, under the protection of Theobald, archbishop of Canterbury, read public lectures of civil law in tho university of O.xford ; and the clergy everyivnere, by their example as well as exhortation, were the means of diffusing the highest esteem for this new science, That order of men having large possessions to defend was in a manner necessitated to turn their studies towards the law ; and their properties being often cmlangered by the violence of the princes and barons, it became their interest to enforce the observance of general and equitable rules, from which alone they could receive protection. As they possessed all the knowledge of the age, and were alone acquainted with the habits of thinking, the practice as well as science of the lawfell mostly into their hands: and though the close ..■onncxion which, witliout any necessity, they formed lietwccn the canon and the civil law begat a jealousy 2 R 306 THE HISTORY OF ENGLAND Chap. XXIII. in tlie lixitv of England, and prevented the Konian jurisprudence from becoming the municipal law of the country, as was the case in many states of Europe, a great part of it was secretly transferred into the prac- tice of the courts of justice, aud the imitation of their neighbours made the English giadually endeavour to raise their own law from its original state of rudeness aud imperfection. It is easy to see what advantages Europe must have reaped by its inheriting at once from the ancients so conii)Iete an art, which was also so necessary for giving security to all other arts, and which, by refining, and still more by bestowing solidity on the judgment, served as a model to further improvements. The sensible utility of the Roman law, both to public and private interest, recommended the study of it, at a time when the more exalted aud speculative sciences carried no charms with them ; and thus the last branch of ancient literature which remained nucorrupted, was happily the first transmitted to the modern world : for it is remarkable, that in the decline of Koman learning, when the philosophers were universally infected witli superstition and sophistry, aud the poets and historians with barbarism, the lawyers, who in other countries are seldom models of science or politeness, were yet able, by the constant study and close imitation of their predecessors, to maintain the same good sense in their decisions and reasonings, and the same purity in their language and expression. What bestowed an additional merit on the civil law, Avas the extreme imperfection of that jurisprudence which preceded it among all the European nations, especially among the Saxons, or ancient English. The absurdities which prevailed at that time in the ad- ministration of justice, may be conceived from tlie authentic monuments which remain of the ancient Saxon laws; where a pecuniary commutation was received for every crime, where stated prices were fixed for men's lives and members, where private re- venges were authorized for all injuries, where the use of the ordeal, corsnet, and afterwards of the duel, was the received method of proof, and whore the judges were rustic freeholders, assembled of a suddeu, and deciding a cause from one debate or altercation of the parties. Such a state of society was very little advanced beyond the rude state of nature : violence universally prevailed, instead of general and equitable maxims : the pretended liberty of the times was only an incapacity of submitting to government : and men, not protected by laws in their lives and properties, sought shelter by their personal servitude and attach- ments under some powerful chieftain, or by voluntary combinations. The gr.adual progress of improvement raised the Europeans somewhat above this uncultivated state ; and affairs, in this island particularly, took early a turn which was more favourable to justice and to liberty. Civil employments and occupations soon became ho- nourable among the English : the situation of that people rendered not the perpetual attention to wars so necessary as among their neighbours, and all regard was not confined to the military profession: the gentry, and even the nobility, began to deem an acquaintance with the law a necessary part of education : they were less diverted than afterwards from studies of this kind by other sciences ; and in the age of Henry VI., as we are told by Fortescue, there were in the inns of court about two thousand students, most of them men of honourable birth, who gave application to this branch of civil knowledge : .a circumstance which proves that a considerable progress was already made in tlio science of government, and which prognosticated a still greater. One chief advantage which resulted from the intro- duction and progress of the arts, was the introduction and progress of freedom ; and this consequence af- fected men both in tlieir /x.TTOno/and civil capacities. If we consider the ancient state of Europe, we shall find that the far greater part of the society were every- where bereaved of their psrsoHaniberty, and lived en- tirely at the will of their masters. Every one that was not noble was a slave : the peasants were sold along with the land : the few inhabitants of cities were not in a better condition : even the gentry themselves were subjected to a long train of subordination under the greater barons or chief vassals of the crown ; w ho, though seemingly jilaced in a high state of splendour, yet, having but a slender protection from law, were exposed to every tempest of the state, and, by the pre- carious condition in which they lived, paid dearly for the power of oppressing aud tyrannizing over their in- feriors. The first incident which bioke in upon this violent system of government was the practice, begun in Italy, and imitated in Fiance, of erecting communi- ties aud corporations, endowed with privileges and a separate mmiicipal government, which gave them pro- tection against the tyranny of the barons, and which the prince himself deemed it prudent to respect.* The relaxation of the feudal tenures, and an execution some- what stricter of the public law, bestowed an inde- pendence on vassals which was unknown to their fore- fathers. And even the peasants themselves, though later than other orders of the state, made their escape from those bonds of villanage or slavery in which they had formerly been retained. It may appear strange, that the progress of the arts, which seems, among the Greeks and Komans, to have daily increased the number of slaves, .should, in later times, have proved so general a source of liberty ; but this difference in the events proceeded from a great difference in the circumstances which attended those institutions. The ancient barons, obliged to maintain themselves continually in a military posture, and little emulous of elegance or sjjlendour, employed not their villains as domestic servants, much less as manufac- turers ; hut composed their retinue of freemen, whoso military spirit rendered the chieftain formidable to his neighbours, and who were leady to attend him in every warlike enterprise. The villains were entirely occupied in the cultivation of tlieir master's land, and paid their rents either in corn and cattle and other produce of the farm, or in servile offices, which they performed about the baron's family, and upon the farms which he retained in his own possession. In proportion as agriculture improved and money in- creased, it was found that these services, though ex- ceedingly burdensome to the villain, were of little advantage to the master; and that the produce of a large estate could be much more conveniently dis- posed of by the peasants themselves who raised it, than by the landlord or his bailif}", who were formerly ac- customed to receive it. A commutation was therefore made of rents for services, and of money-rents for those in kind ; and as men in a subsequent age dis- covered that farms were better cultivated where the farmer enjoyed a security in his possession, the prac- tice of granting leases to the peasant began to prevail, which entirely broke the bonds of servitude, already much relaxed from the former prac.tices. After this manner villanage went gradually into disuse through- out the more civilized parts of Europe: the interest of the master as well as that of the slave concurred in this alteration. The latest laws which we find in England for enforcing or regulating this species of servitude were enacted in the reign of Henry VII, And though the ancient statutes on this subject re- main still unrepealed by parliament, it appears that, • There appears early s>'mptc>ms of the jeBiOusy enterMii.ed by the barons asainst the pmftress of the ans as destructive of theirliccntious power- A law uas enacted, 7 Henry IV. chap. 17. prohiliiiinf; any one who did not pos^cj! twenty shillin;;s a year in 1 And, from hindini; his sons apprentias to any trade. Thcv found Jilready that thccities lietian to drain the country of the labour'TG and husliandnien ; and did not foresee how much the increase of rommelTx would increase the value of their (Stiles. See further. Cotton, p 27;i. The kings, to encnura:Te the horoujjhs, ^-ranted them this prii-ilPKC, thr.t?J»f vil- lain who had lived a twelvemonth in any eorpoitvtion, nrd had beta of :fae guild, should be thenceforth regaided as free. Chap. XXIV.l HENRY VII 1485-1509. 307 before the end of Elizabeth, the distinction of villain and freeman was totally, though insensibly abolished, and that no person remained in the state to wliom the former laws could be applied. Thus personal ficedoni became almost general in Europe; an advantage which paved the way for the increase of political or civil lihorly, and which, even where it was not attended with this salut.ary eflcct, served to give the members of the community some of the most considerable advantages of it. The constitution of the English govei-nmcnt, ever since the invasion of this island by the Saxons, may boast of this pre-eminence, that in no age the will of the monarch w;vs entirely ever absolute and uncontrolled : but in other respects the balance of power has ex- tremely shifted among the several orders of the state; and this fabric has experienced the same mutability that has attended all human institutions. The ancient Saxons, like the other German nations, where each individual was inured to arms, and where the indeiiendence of men was secured by a great erpial- ity of possessions, seem to have admitted a considerable mixture of democracy into their form of government, and to have been one of the freest nations of ivhieh there remains any account in the records of history. After this tribe was settled in England, especially after the dissolution of the Heptarchy, the great extent of the kingdom produced a great inequality in property ; and the balance seems to have inclined to the side of aristocracy. The Norman conquest threw more au- thority into the hands of the sovereign, which however admitted of great control; though derived less from tiie general forms of tlie constitution, which were in- accurate and irregular, than from the independent power enjoyed by each baron in his particular dis- trict or jiroviuce. The establishment of the Great Charter exalted still higher the aristocracy, imposed regular limits on royal power, and gradually intro- duced some mixture of democracy into the constitu- tion. ]jut even during this period, from the accession of Edward I. to the death of Richard III., the condi- tion of the commons was nowise eligible ; a kind of I'olisli aristocracy prevailed ; and though the kings were limited, the people were as yet far from being free. It required the authority almost absolute of the sovereigns, which took place in the subsequent period, to pull down those disorderly and licentious tyrants, who were equally averse from peace and from free- dom, and to establish that regular execution of the laws, which in a following age enabled the people to erect a regular and equitable plan of liberty. In each of these successive alterations, the only rule of government which is intelligible or carries any au- thority with it, is the established practice of the .ige, and the maxims of administration which are at that time prevalent and universally .assented to. Those who, from a protended respect to antiquity, appeal at every turn to an original plan of the constitution, only cover their turbulent spirit and their private ambition under the appearance of venerable forms ; and whatever jieriod they pitch on for their model, they may still be carried back to a more ancient period, where they w ill find the measures of power entirely dijferent, and where every circumstance, by reason of the greater barbarity of the times, will appear still less worthy of imitation. Above all, a civilized nation, like the English, who have happily established the most jierfect and most accurate system of lihcrty that was ever found com- patible with government, ought to be cautious in ap- pealing to the practice of their ancestors, or regarding the maxims of uncultivated ages as certain rules for their present conduct. An acquaintance with the ancient jieriods of their government is chiefly vscful, by instructing them to cherish their present constitu- tion, from a comp.arison or contrast with the condition of those distant times. And it is also curioHS, by show- ing them the remote and commonly faint and dis- figured originals of the most finished and most noble institutions, and by instructing them in the great mix- ture of accident which connnonly concurs with a small ingredient of wisdom and foresight in erecting the complicated fabric of the most perfect government. CHAPTER XXIV. HENRY VII. Acccssionof Henry Vri MisTitlefothcCrown KiuK'sPrrjudicca^'flinse the House of York Hisjoyful Kcception in London His Coronation Sivtiitin^ Sicljness A Parliament F.ntail of the Crown . KiiiK'ii Mamagc An Insurrection Discontents of ttie I'eoplc^—. IjinibcrtSimnel Ilev'nll nf Ireland Intrigues of the Duchess of Bur. gundy Lambert Sininel invades Kngland — -Battle of Stoke. 1485. nPHE victory which the earl of Richmond Augustiind. X gained at liosworth was entirely de- cisive; being attended etual and au inde- pendent authority. KING'S PREJUDICE AGAINST THE HOUSE OF YORK. These views of Henry are not exposed to much blame; because founded on good policy, and even on a species of nccessit)-; but there entered into all his measures and counsels another motive which admits not of the same apology. 'J'he violent contentions which, during so long a period, had been maintained between the rival families, and the many sanguinary revenges which they had alternately taken on each otiier, had inflamed tlie opposite factions to a high pitch of animosity. Henry himself, who had seen most of his near friends and relations perish in battle or by the executioner, and who had been exposed in his own jierson to many hardships and dangers, had imbibed a violent antipathy to the York party, which no time or experience were over able to efface. Instead of embracing the jiresent happy opportunity of abolishing these fatal distinctions, of uniting his title with that of his consort, and of be- stowing favotir indiscriminately on the iriends of both families; he carried to the throne all the partialities wliich belong to the head of a faction, and even the passions which are carefully gn.arded against by every true politician in that situation. To exalt the Lancas- trian party, to depress the adherents of the liouse of Y^ork, were still the favourite objects of his pursuit; and through the whole course of his reign he never forgot these early prepossessions. Incapable, from his natural temper, of a more enlarged and more benevo- lent system of policy, he exposed himself to many pre- sent inconveniences, by too anxiously guarding against that future possible event, which might disjoint his title from that of the princess whom he espoused. And while he treated the Yorkists as enemies, he soon ren- dered them such, and taught them to discuss that right to the crown which he so carefully kept separate, and to perceive its weakness and invalidity. To these passions of Henry, as well as to his suspi- cious politics, we are to ascribe the measures which he embraced two days after the battle of Bosworth. Ed- ward Plantagenet, earl of Warwick, son of the duke of Clarence, was detained in a kind of confinement at Shcrif-Hutton, in Y'orkshire, by the jealousy of liis uncle Richard; whose title to the throne was inferior to that of the young prince. Warwick had now reason to e.xpect better treatment, as he was no obstacle to the succession either of Henry or Elizabeth ; and from a youth of such tender years no danger could reason- ably be apprehended. But sir Robert Willoughby was dispatched by Henry, with orders to take him from Sherif-IIutton, to convey him to the Tower, and to detain him in close custody. The same messenger carried directions that the i>rincess Elizabeth, who had been confined to the same place, should be conducted to London, in oi-der to meet Henr,v, and there cele- brate her nuptials. Henry himself set out for the capital, and advanced by slow journeys. Not to rouse the jealousy of the people, he took care to avoid all appearance of military triumph ; and so to restrain the insolence of victory, that everything about him bore the appearance of an established moiuxrch, making a peaceable progress through his dominions, rather than of a prince who had opened his way to the throne by force of arms. The acclamations of the people were everywhere loud, and no less sincere and heart)'. Besides that a young and victorious prince, on his accession, was naturally the object of popularity, the nation promised them- SLdves great felicity from the new scene w hich opened before them. During the course of near a whole cen- tury the kingdom had been laid waste by domestic Chap. XXIV.] HENRY VII. 1485—1509. 30? wars and convulsions ; and if at any time the noise of amis liad ceased, tlie sound of faction and discontent still threatened new disorders, lleniy, by his marriage with Elizabeth, seemed to ensure a union of the contend- iijg title of two families; and having prevailed over a hated tyrant, who had anew di.'.jointed the succession even of the house of York, and hud tilled his own fa- mily with blood and murder, he was everywhere at- tended with the unfeigned favour of the Jieople. Nu- merous and sjdendid troops of gentry and nobility accompanied his jirogress. The mayor and companies of London received him as he approached the city : the crowds of jieople and citizens were zealous in their ex- j^res-sions of satisfaction. But Henry, amidst this gene- ral effusion of joy, discovered still the statelinsss and reserve of his temper, which made him scorn to court popularity : he entered London in a close chariot, and would not gratify the people with a sight of their new Bovereign. But the king did not so much neglect the favour of the people as fo delay giving tliem assurances of his marriage with the princess Elizabeth, which he knew to bo so passionately desired by the nation. On his leaving Britanny, he liad arfully dropped some hints, that if he should succeed in his enter])rise, and obtain the crown of England, he would espouse Anne, tlie lieir of tljat dutchy; and the report of this engagement )iad already reached England, and had begotten anxiety in the peo]de, and even in Elizabeth herself. Ilenry took care to dissipate these ai>prehensions, by solemnly renewing, before the council and principal nobility, the promise which he had already given to celebrate liis nuptials with the English piincess. But though bound by honour, as well as by interest, to complete this al- liance, he was resolved to postpone it till the ceremony of liis own coronation .should be finished, and till his title should be recognised by parliament. Still anxious to siiii])ort his personal and hereditary riglit to the throne, he dreaded lest a preceding marriage with tlie princess should imply a participation of sovereignty her, and raise doubts of his own title by the house of Lancaster. There r.aged at that time in London, and other parts of the kingdom, a sjjocies of malady unknown to any otherage or nation, the sweating sickness, which oc- casioned the sudden death of great multitudes ; though it seemed not to be propagated by any cont.agious in- fection, but arose from the general disposition of the nir and of the human body. In less than twenty-four hours the p.atient commonly died or recovered; but when the pestilence had exerted its fury for a few w'eeks, it was observed, either from alterations in the air, or from a more proper regimen which had been discovered, to be considerably abr.ted. Preparations w-ere then made for the ceremony of Henry's corona- tion. In order to heighten the s])Iendour of that spec- tacle, lie bestowed the rank of knight-banneret on twelve i)crsons ; and he conferred peerages on three. Jasper, carl of Pembroke, his uncle, was created duke of Bedford ; Thomas, lord Stanley, his father-in- law, carl of Derby ; and Edward Courtney, earl of Devonshire. At the coronation (30th October) likewise there appeared a new institution, wliich the king had established for security as well as ])om)), a band of fifty archers, who were termed yeomen of the guard. But lest the peojile should take umbrage at this unusual symptom of jealousy in the ])rince, as if it implied a personal diffidence of his subjects, he declared the in- stitution to bo perpetual. The ceremony of corona- tion was pel-formed by cardinal Bourchier, archbishop ot Canterbury. The parliament being assembled at AVestminster, (7th November,) the majority immediately appeared to be devoted partisans of Ilenry; all persons of another disposition either declining to stand in those dangerous times, or being obliged to dissemble their principles and inclinations. The Lancastrian party had every- where 'been successful in tlie elections ; and even many had been returned, who during the prevalence of tLei house of York had been exposed to the rigour of law and had been condemned by sentence of attainder and outlawry. Their riglit to take seats in the liouse being (piestioncd, the case was referred to all the judges, who assembled in the exchequer chamber, in order to deliberate on so delicate a subject. The ojiinion de- livered w.is prudent, and contained a just tempera- ment between law and expediency. The judges deter, mined, that the members attainted should forbear taking their seat till an act were passed for the reversal of tlieir attainder. There was no diflieulty in obtain- ing this act; and in it were comprehended a hundred and seven persons of the king's party. But a seru])lo was started of a nature still more im- portant. The king himself had been attainted; and his right of succession to the crown might thence be exposed to some doubt. The judges extricated them- selves from this dangerous question, by asserting it as a maxim ; " 'I'hat the crown takes away all defects and stops in blood ; and that from the time the king assum- ed royal authority, the fountain was cleared, and all attainders and corruptions of blood discharged." Be- sides that, the case, from its urgent necessity, admitted of no deliberation ; the judges probably thought, that no sentence of a court of judicature had authority suf- ficient to bar the right of succession ; that the heir of the crown was commonly exposed to such jealousy as might often occasion stretches of law and justice against him ; and that a prince might even be engaged in unjustifiable measures during his predecessor's reign, without meriting on that account to be excluded from the throne, which was liis birthright. With a parliament so obsequious, the king could not fail of obtaining wliatever act of settlement he was pleased to require. He seems only to have entertained some doubt within himself on wliat claim ho should found his pretensions. In his speech to the parliament ho mentioned his just title by hereditary right : but lest that title should not be esteemed .sufficient, he subjoined his claim by the judgment of God, who had given him victory over his enemies. And again, lest this pretension should be interpreted as assuming a right of conquest, he ensured fo his subjects the full enjoyment of their former properties and possessions. ENTAIL OF THE CROWN. The entail of the crown was drawn according to the sense of the king, and probably in words dictated by him. He made no mention in it of the princess Eliza- beth, nor of any branch of her family ; but in other respects the act was compiled with sufficient reserve and moderation. He did not insist that it should con- tain a declaration or recognition of his preceding right; as on the other hand he avoided the appearance of a new law or ordinance. He chose a middle course, which, as is generally uuavoidal:)Ie in such cases, was not entirely free from uncertainty and obscurity. It was voted, " That the inheritance of the crown should rest, remain, and abide in the king:" but whether as rightful heir, or only as present possessor, was not de- termined. In like manner, Henry was contented that the succession should be secured to the heirs of liis body ; but he pretended not, in case of their failure, to exclude the house of York, or give the preference to that of Lancaster; he left that great point ambiguous for the present, and trusted that, if it should ever become requisite to determine it, future incidents would open the way for the decision. But even after all these precautions, the king was so little satisfied with his own title, that in the following year he applied to papal authority tor a confirmation of it ; and as the court of Rome gladly laid hold of all opportunities which the impnidence, weakness, or ne- cessities of princes afforded it to extend its influence, Innocent Vlll., the reigning pope, rcaffercd by his mother, the queen-dowager: and, to gratify the people by an appearance of devo- tion, he made a pilgrimage to our lady of Walsingham, famous for mir.acles ; and there offered up prayers for success, and for deliverance from his enemies. Being informed that Simnel was landed at Foudrey in L.ancashire, he drew together his forces, and ad- vanced towards the enemy as far as Coventry. The rebels had entertained hopes that the disaffected coun- ties in the north would rise in their favour : but the people in general, averse to join Ii'ish and German in- vaders, convinced of Lambert's imposture, and kept in awe by the king's reputation for success and con- duct, either remained in tranquillity, or gave assistance to the royal army. The earl of Lincoln, therefore, who commanded the rebels, finding no hopes but in victory, was detennincd to bring the matter to a speedy decision ; and the king, supported by the native courage of his temper, and emboldened by a great accession of volunteers, who had jcjined him under the earl of Shrewsbury and lord Strange, declined not the coin bat. BATTLE OF STOKE. June 6l!i. The hostile armies met at Stoke, in the county of Nottingham, and fought a battle which was bloody and more obstinately disputed than could have been expected from the inequality of their force. All the leaders of the rebels were resolved to conquer or to peri.sh ; and they inspired their troops with like reso- lution. The Germans also, being veteran and exjieri- enced soldiers, kept the event long doubtful ; and even the Irish, though ill-armcd and almost defencelc.w, showed themselves not defective in S)>irit and bravery. The king's victory was purchased with loss, but was C'lZAP. XXV.] HENRY VII. 1485—1509. 313 eutirely ilocisive. Lincoln, Brou!;liton, and Swart pe- rished in the field of buttle with four thousand of their followers. As Lovel was never more heard of he was believed to have undergone the same fate. Simnel, with his tutor, Simon, was taken prisoner. Simon, being a priest, was not tried at law, and was only com- mitted to close custody: Simnel was too contemptible to be an object either of apprehension or resentment to Ilenrv. He was pardoned, and made a scullion in the king's kitchen ; whence he was afterwards advanced to the rank of a falconer. Henry had now leisure to revenge himself on his enemies. lie made a progress into the northern parts, where he gave many proofs of his rigorous disposition. A strict inquiry was made after those who had assisted or fovoured the rebels. The punishments were not all sanguinary; the king made his revenge subservient to his avarice. Heavy fines were le^^ed upon the delin- quents. The proceedings of the courts, and even the courts themselves were arbitrary. Either the criminals were tried by commissioners appointed for the purpose, or they suft'ered punishment by a sentence of a court- martial. And, as a nmiour had prevailed before the battle of Stoke, that the rebels had gained the victory, that the royal army was cut in pieces, and that the king liiniself had escaped by flight, Ileniy was resolved to interpret the belief or propagation of this report as a mark of disaffection ; and ho punished many for that protended crime. But such, in this age, was the situa- tion of the English government, that the royal prero- gative, which was but imperfectly restrained during the most peaceable periods, was sure, in tumultuous or even suspicious times, which frequently recurred, to break all bounds of law and to violate public liberty. After the king had gratified his rigour by the punish- ment of his enemies, he determined to give content- ment to the people in a point which, though a mere ceremony, was passionately desired by them . The queen had been married near two years, but had not yet been crowned ; and this affectation of delay had given great discontent to the pubhc, iind had been one principal source of the disaffection which prevailed. The king, instnictcd by experience, now finished the ceremony of her coronation on the 25th of November; and, to show a disposition still more gracious, he restored to liberty the marquis of Dorset, who had been able to clear himself of all the suspicions entertained against liim. CHAPTER XXV. State of Forciitn A ffain State of Scotland of Spain of the Low Cr.un- tries of France of UritaDny French Invasion of Untanny French K.mb«My to Knyland Dissimulation of the French Courc An InsuiTccdon in the Nonh suppressed King scmli Forces into Britarinjr Annexation of Uriwnnyto France A I'arliamenc War with France Im-asion of France Peace unit. France Ptrkm Warbec His Imjxi^ture He is avowed by tiie Duchess of Btirfrundy •^— and I>y many of the English Nobility Triid and Kxecutijn of -A Parliament. STATE OF FOREIGN AFFAIRS. 1488. THE king acquired great reputation throu^^hout Eu- rope by the vigorous and j)ro:^perous conduit of his domestic affairs: but as some incidents .about this time invited him to look abroad, and exert himself in behalf of his allies, it will be necessary, in order to give a just acx!onnt of his foreign measure.s, to explain the situation of the neighbouring kingdoms; beginning with Scot- Luid. which lies most contiguous. The kingdom of Scotland had not yet attained that state which distinguishes a civiUzed mon.archy, and •which enables the government, by the force of its laws and institutions aloue, without any extraordinary ca- pacity in the sovereign, to maintain itself in order and Vol.. L tranquillity. James III., who now filled the throne, wsus a prince of little industry and of a narrow geniu.';; and though it behoved him to yield the reins of govern- ment to his ministers, he had never been able to mako any choice which could give contentment both to him- self .ind to his people. When he bestowed his con- fidence on any of the principal nobility, he found that they exalted their own family to such a height as w.ag dangerous to the prince, and gave umbrage to tlifi state : when he conferred favour on any person of meaner birth, on whose submission he could more de- [lend, the barons of his kingdom, enraged at the power of an upstart minion, proceeded to the utmost ex- tremities against their sovereign. Had Henry enter- tained the ambition of conquests, a tempting oppor- tunity now offered of reducing th.it kingdom to sub- jection: but .IS he was probably sensible that a warlike people, though they might be oven-un by reason of their domestic divisions, could not be retained in obe- dience without a regular military force, which was then unknown in England, he r.ather intended the renewal of the peace with Scotland, and sent an embassy to James for that purpose. But the Scots, who never de- sired a durable peace with England, and who deemed their security to consist iu constantly preserving them- selves ill a warlike posture, would not agree to more than a seven years' truce, which was accordingly con- cluded. STATE OF SPAIN. Tlie European states on the continent were then hastening fast to the situation in which they have re- mained, without any material alteration, for nearly three centuries ; and began to unite themselves into one extensive system of policy, which comprehended the chief powers of Christendom. Spain, which had hitherto been almost entirely occupied within herself, now became formidable by the union of Arragon .md Castile in the persons of Ferdinand and Isabella, who, being princes of gi-eat ca]iacity, employed their force in enterprises the most advantageous to their combined monarchy. The conquest of Graiuida from the Moors was then undertaken, and brought near to a liappy conclusion. And in that expedition the military genius of Spain was revived ; honour and security were at- tained ; and her princes, no longer kept in awe by a domestic enemy so dangerous, began to enter into all the transactions of Europe, and make a great figure in every war and negociation. OF THE LOW COUNTRIES. Maximilian, king of the Romans, son of the emperor Frederic, had, by his marriage with the heiress of Bur- gundy, acquired au interest in the Netherlands ; and though the death of his consort had weakened his connexions with that country, he still pretended to the government as tutor to his son Philip, and his authority had been acknowledged by Brabant, Holland, and se- veral of the provinces. But as Flanders and Uainaulc still refused to submit to his regency, and even ap- pointed other tutors to Philip, he had been engaged iai long wars against that obstinate people, and never wa.s able thoroughly to subdue their spirit. That he might free himself from the opposition of France, he had con- cluded a peace with Louis XL, and had given his daughter Margaret, then an infant, in marriage to the dauphin ; together with Artois, Franche Conipte, and Chaiolois, as her dowry. But this alliance had not pro- duced the desired effect. The dauphin succeeded to the crown of France by the appellation of Charles VIII. ; but Maximilian still found the mutinies of the Flemings fomented by the intrigues of the coiut of France. STATE OF FRANCE. France, during the two preceding reigns, had maJu a mighty increase in power and greatness; and had 2S 314 THE HISTORY OF ENGLAND. [Chap. XXV, not other states of Eiiiope at the same time received an accession of I'orec, it had been impossible to have retained her witliin her ancient boundaries. Most of the great fiefs, Normandy, Cliampagne, Anjou, Dau- phiny, Guieune, Provence, and burjjundy, had bfcn imited to the crown ; tl>e Englisli luid been expelled from all their conquests ; the authority of the ]iriiue had been raised to such a lieight as enabled him to maintain law and order ; a considerable military force was kept on foot, and the finances were able to sujiiiort it. Louis XI. indeed, from whom many of these ad- vantages were derived, was dead, and had left his son in early youtli and ill educated, to sustain the weight of the monarchy: but having entrusted the government to his daughter Anne, lady of Beanjeu, a woman of spirit and capacity, the French power sutt'ered no check or decline. On the contrary, this princess formed the great project, which at last she hai)pily effected, of uniting to the crown Britanny, the last and most inde- . pendent fief of the monarchy. OF BRITANNY. Francis 11., duke of Britanny, conscious of his own incapacity for government, had resigned himself to the direction of Peter Landais, a man of mean birth, more remarkable for abilities than for virtue or integrity. The nobles of Britanny, displeased with the great ad- vancement of this favourite, had even proceeded to disaffection against their sovereign; and after many tu- mults and disorders, they at last united among them- selves, and in a violent manner seized, tried, and put to death, the obnoxious minister. During the resentment of tlie prince for this invasion of Ids authority, many of them retired to France ; others, for protection and .safety, maintained- a secret correspondence with the French ministry, who, observing the great dissensions among the Bretons, thought the opportunity favourable for invading the dutchy ; and so much the rather, as they could cover their ambition under the specious pretence of providing for domestic security. Louis, duke of Orleans, first prince of the blood, and presumptive heir of the monarchy, had disputed the administration with the lady of Beanjeu ; and though his pretensions had been rejected by the states, he still maintained cabals with many of the grandees, and laid schemes for subverting the authority of that princess. Finding his conspiracies detected, he took to arms, and fortified himself in Beaugenci ; but as his revolt was precipitate, before his confederates were ready to join him, he had been obliged to submit, and to receive such conditions as the French ministry were pleased to im- pose upon him. Actuated, however, by his ambition, and even by his fears, he soon retired out of France, and took shelter with the duke of Biitanny, who was desirous of strengthening hiniself against the designs of the lady of Beaujeu, by the friendship and credit of the duke of Orleans. This latter prince, also, perceiving the ascendant which he soon acquired over tlie dulce of Britanny, had engaged many of his jiartizans to join him at that court, and had formed the design of ag- grandizing himself by a marriage with Anne, the heir of that opulent dutchy. FRENCH INVASION OF BRITANNY. The barons of Britanny, who saw all favour en- grossed by the duke of Orieans and his train, renewed a stricter correspondence with France, and even in- vited the French king to make an invasion on their country. Desirous, however, of preserving its inde- pendency, they had regulated the number of succours which France was to send them, and h.ad stipulated that no fortified place in Britanny should remain in the possession of that monarchy: a vain precaution where revolted subjects treat with a power so much Buperior ! The French invaded Britanny with forces tlirec times more numerous than those which they had promised to the barons; and, advancing into the heart of the country, laid siege to Ploermel. To oppose them the duke raised a numerous but ill-disciplined army, which he put under the command of the duke of Orleans, tlie count of Dunois. and others of the French nobility. The army, discontented with his choice, and jialous of their confederates, soon disbanded, and left their prince with too small a force to keep the field against his invaders. He retired to Vannes; but beini;' hotly pursued by the French, who had now made themselves masters of Ploermel, he escaped to Nantz; and the enemy, having previously taken and garrisoned Vannes, Dinant, and other places, laid close siege to that city. The barons of Britanny, finding their conn- ti-y menaced with total subjection, began gradually to withdraw from the French army, and to make pe!u?e with their sovereign. This desertion, however, of the Bretons disconi'aged not the court of France from pursuing her favourite jjroject of reducing Britanny to subjection. The situa- tion of Kurope appeared favoui-able to tlie execution of tills design. JIaxiniilian was indeed engaged in close alliance witli the duke of Britanny, and had even opened a treaty for marrying his daughter; but he wiia on all occasions so indigent, and at that time so dis- quieted by the mutinies of the Flemings, that little effectual assistance could be exj>ected from him. Fer- dinand was entirely occupied in the conquest of Gra- nada; and it was also known, that if France woidd re- sign to him Rousillon and Cerdagne, to which he .'lad pretensions, she could at any time engage him to abandon the interest of Britanny. England alone was both enabled by her power, and engaged by her in- terests, to support the independency of that dutchy ; and the most dangerous opposition was therefore, by Anne of Beaujeu, expected from that quarter. In Older to cover her real designs, no sooner was slie in- formed of Henry's success against Simnel and his par- tisans, tlian she despatched ambassadors to the court of London, and made professions of the greatest trust and confidence in that monarch. FRENCH EMBASSY^ TO ENGLAND. The ambassadors, after congratulating Henry on liis late victory, and communicating to him, in the most cordial manner, as to an intimate friend, some suc- cesses of their master against Maximilian, came in ths jirogress of their discourse to mention the late ti'ansac- tious in Britanny. They told him, that the dnke having given protection to French fugitives and rebels, the king had been necessitated, contrary to his inten- tion and inclination, tocarry warinto that dutchy: that the honour of the crown was interested not to suffer a vas.sal .so far to forget his duty to his liege lord ; nor was the security of the government less concerned to prevent the consequences of this dangerous temerity : that the fugitives were no mean or obscure persons; but, among others, the duke of Orleans, first prince of the blood, who, finding himself obnoxious to justice for treasonable practices in France, had fleet into Britanny; where he still persevered in laying schemes of rebellion against his sovereign : that the war being thus, on the part of the French monarch, entirely defensive, it would immediately cease, when the duke of Britanny, bv returning to his duty, should remove the causes of it: thst their master was sensible of the obligations which the dtdce in very critical times had conferred ou Henry ; but it was known also, that in times still more critical, he or his mercenary counsellors had deserted him, and put his life in the utmost hazard: that l:is sole refuge in these desperate extremities had been the court of France, which not only protected his per- son, but supjilied him with men and money, wiMi which, aided by his own valour .and conduct, ho had been enabled to mount the throne of England: Ihal France in this transaction liad, from fneudshij^i to Chap. XXV.] HENRY VII. 148.5—1509, 315 HeniT, acted contrary to wliatin a narrow view niiylit lio I'steemcd licr own interest ; since, instead of an odious tyrant, slio had contributed to cstalilisli ou a rival throne a prince endowed with sucli virtue and abilities : and that as botli the justice of the cause and the obiijiations conferred on Henry, thus prejiouder- ated ou the side of France, she reasonably expected that, if the situation of his aflairs did not permit him to give her assistance, he would at least preserve a neutrality between the contendini^ parties. This discourse of the French ambassadors was plau- sible; anil to give it greater weight, they communicated to llenrv, as in confidence, their master's intention, niter he should have settled tlie diilerences with Bri- tanny, to lead an army into Italy, and make good his pretensions to the kingdom of Naples : a project which they knew would give no umbrage to the court of England. But all these artifices were in vain employed against the penetration of the king, lie clearly saw tiiat France had entertained the view of subduing Britaniiy; but he also perceived, that she would meet with great, and, as lie thought, insuperable difficulties in the execution of her project. 'J'he native force of that dutcliy, he knew, had always been considerable, and had often, without any foreign assistance, resisted the power of France; the natural temper of the French nation, ho imagined, would make them easily abandon any enterprise which required perseverance ; and as the heir of the crown was confederated with the duke of Britanny, the ministers would be still more remiss in prosecuting a scheme which must draw on them his resentment and displeasure. Should even these internal obstructions be re:iioved, Maxi- milian, whose enmity to France was well known, and who now paid his addresses to the heiress of Britanny, would be able to make a diversion on the side of Flanders ; nor could it be expected that France, if she prosecuted such ambitious projects, would be al- lowed to remain in tranquillity by Ferdinand and Isa- bella. Above all, he thought the French court could never expect that F.ngland, so dec[)ly interested to pre- serve the inde|iendency of Biitanny, so able by her power and situation to give effectual and prompt assist- ance, would permit such an accession of force to her rival. He imagined, therefore, that the ministers of France, convinced of the impracticability of their scheme, would at last embrace pacific view.s, and would abandon an enterprise so obnoxious to all the potentates of Europe. DISSIMULATIOX OF THE FRENCH COURT. This reasoning of Henry was solid, and might justly engage liiin in dilatory and cautious measures : but there entered into his condiu't another motive, which was apt to draw him beyond the just bounds, because founded on a ruling pa.ssion. His frugality, which by degrees degenerated into avarice, made him averse to all warlike enterprises and distant cxpedition.s, and engaged him previously to try the expedient of nego- ciation. He despatched Urswic, his almoner, a man of address and abilities, to make offer of his mediation to the contending parties: an offer which he thought, if accepted by France, would soon lead to a composure of all differences ; if refused or eluded, would at least discover the perseverance of that court in her am- bitious projects. Urswic found the lady of Beaujeu, now duchess of Bourbon, engaged in the siege of Nantz, and had the satisfaction to find thathis master's offer of mediation was readily embraced, and with many expressions of confidence and moderation. That able princess concluded, that the duke of Orleans, who governed the court of Britanny, foreseeing that every accommodation must be made at his expense, would use all his interest to liave Henry's proposals rejected ; and would by that means make an apology for the French measures, and draw on the Bretons the reproach of obstinacy and injustice. The event justi- fied her prudence. Wlien the F.nglish ambassador made the same offer to the duke of Britanny, he re- ceived for answer, in the name of that prince, that having so long acted the part of protector and guardian to Henry during his youth and adverse fortune, he had expected from a monarch of such virtue, more eftectunl assistance in his jirescnt distresses, than a barren offer of mediation, which suspemled not the progress of the French arms: that if Henry's gratitude were not suffi- cient to engage him in such a measure, his prudence, as king of England, should discover to him the per- nicious consequences attending the conquest of I3ri- tanny, and its annexation to the crown of F] ancc : that tliat kingdom, already too powerful, wotdd be en- abled, by so great an accession of force, to dis| lay, to the ruin of England, that hostile disposition which had always subsisted between those rival nations: that Britanny, so useful an ally, which, by its situation, gave the English an entrance into the heart of France, being annexed to that kingdom, would be equally en- abled, from its situation, to disturb, either by piracies or naval armament.s, the commerce and peace of En"- land : and that, if the duke rejected lleni-y's media- tion, it proceeded neither from an inclination to a war which he experienced to be ruinous to him, nor from a confidence in his own force, which he knew to be much inferior to that of the enemy; but, on the contrary, from a sense of his present necessities, which must engage the king to act the part of his confederate, not that of a mediator. AVIien this answer was reported to the king, ho abandoned not the plan which he had formed : he only concluded, that some more time was requisite to quell the obstinacy of tiie Bretons, and make them submit to reason. And when he learned that the people of Britanny, anxious for their duke's safety, had formed a tumultary army of 60,000 men, and had obliged the French to raise the siege of Nantz, he fortified himself the more in his opinion, that the court of France would at last be reduced, by multiplied obstacles and difKcul- ties, to abandon the project of reducing Britanny to subjection. He continued therefore his scheme of negociation, and thereby exposed himself to be de- ceived by the artifices of the French ministry; who, still pretending pacific intentions, sent Lord Bernard Daubigny, a Scotchman of quality, to London, and pressed Henry not to be discouraged in oft'ering his mediation to the court of Britanny. The king, on his part, despatched another embassy, consisting of Urs- wic, the abbot cf Abingdon, and Sir Richard Tonstal, who carried new proposals for an amicable treaty. No effectual succours, meanwhile, were provided for the distressed Bretons. Lord Woodeville, brotiier to the queen-dowager, having asked leave to raise underhand a body of volunteers, and to transport them into Bri- tanny, met with a refusal from the king, who was desirous of preserving the appearance of a strict neu- trality. That nobleman, however, still persisted in his purpose. lie went over to the Isle of Wight, of which he was governor; levied a body of four hun- dred men ; and having at last obtained, as is supposed, the secret permission of Henry, sailed with them to Britanny. This en terprise proved fatal to the leader, and brouglit small relief to the unhappy duke. The Bretons rashly engaged in a general action with the French, ('28th .luly,) at St. Aubiu, and were discomfited. "Woode- ville and all the I'nglish were put to the sword; to- gether with a body of Bretons, who had been ac- coutered in the garb of Englishmen, in order to strike a greater terror into the French, to whom the martial jirowcss of th.at nation was always formidable. The duke of Orleans, the prince of Orange, and many other persons of rank, were taken prisoners : and the mili- tary force of Britanny was totally broken. The death of the duke, which followed soon after, (9th Septem- ber,) threw affairs into still greater confusion, and seemed to threaten the state with a final subjection. 316 THE HISTORY OF ENGLAND. [CflAP. XXV, AN INSURRECTIOX IX TIIH XORTII. ThoHgli the king did not prepare against iliese nvents, so liuitful to the interests of England, uitli sufficient viyioiir and precaution, he had not altogetlier overlooked tlieni. Determined to maintain a pacific conduct, as far as the situation of affairs would permit, he yet knew the warlike temper of his subjects, and observed, that their ancient and inveterate animosity to France was now revived by the prospect of this great accession to her power and grandeur. He re- solved therefore to make advantage of this disposition, and draw some supplies from the people, on pretence of giving assistance to the duke of Britanny. lie had summoned a parliament at Westminster;* and he soon persuaded tliom to grant him a considerable subsidy. t But this supply, though voted by parlia- ment, involved the king in unexpected difficulties. The counties of Durham and York, always discon- tented with Henry's government, and further pro- voked by the late oppressions, under which they had laboured after the suppression of Simuers rebellion, resisted the commissioners who were appointed to levy the tax. The commissioners, terrified with this ap- pearance of sedition, made application to the earl of Northumberland, and desired of liira advice and assist- ance in the execution of their office. That uoblenuin thought the matter of importance enough to consult the king : who, unwilling to yield to the humours of a discontented pop\ilace, and foreseeing the peruicious consequence of such a precedent, renewed his orders for strictly levying the imposition. Northumberland summoned togetlior the justices and chief freeholders, and delivered the king's commands in the most im- perious terms, which, ho thought, would enforce obe- dience, but v. hicli tended onlj' to provoke the people, and make them believe him the adviser of those orders which he delivered to them. They flew to arms, at- tacked Nort!:umberland in his house, and put him to death. Having incurred such deep guilt, their mutinous humour prompted them to dechire against the king himself; and being instigated by John Achamber, a seditions fellow of low birth, they chose sir John Egremond tlieir leader, and prepared them- selves for a vigorous resistance. Ileni-y was not dis- mayed with an insurrection so precipitate and ill-sup- ported. He immediately levied a force, which he put under the command of the earl of Surrey, whom he had fieed from confinement and received into favour. Ilis intention was to send down these troops, in order to check the progress of the rebels ; while he himself should follow with a greater body, which would abso- lutely insure success. But Surrey tliought himself strong enough to encounter alone a raw and un- armed multitude; and he succeeded in the attempt. The rebels were dissipated; John Achamber was taken prisoner, and afterwards executed with some of iiis accomplices; sir John Egremond fled to the duchess (t( Burgundy, who gave him protection ; the greater number of the rebels received a pardon. Henry had probably expected, when he obtained tliis grant from ]iarliameut, that he should be able to ter- minate the affair of Britanny by negociation, and that he might thereby fill his coffers witli the money levied by the imposition. But as the distresses of the Bre- tons still nudtiplied, .and became every d.ay more urgent, he found himself under the necessity of tak- ing more vigorous measures, in order to support them. On the deatli of the duke, the French had revived some antiquated claims to the dominion of the dutchy ; and as the duke of Orleans w ns now captive in France, their former pretence t'n- hostilities could no longer serve asa cover to their ambition. Tlie kin" resolved, therefore, to eng.ige as auxiliary to Britanny; and to consult the interests as well as desires of his people, • 9th Xovcmtxr, UGy. t Foiydore Virgil, p .^7.9. eays, tlmt lliia imposition was a cnpitatioii tax : uwochiir tiBtGnat.s 9-4y, it wvts .-. tax of two shillings in tlie pound. by opposing himself to the progress of the French power. Besides entering into a league with Sl.axi- miliau, and another with Ferdinand, which were dis- tant resources, he levied a body of troops to the num- ber of (JOOO men, with an intention of transporting them into Britanny. Still an.xious, however, for the repayment of his expenses, he concluded a treaty witU the young duchess, by which she engaged to deliver into his hands two sea-port towns, there to remain till she should entirely refund the charges of the arma- ment. Though he engaged for the service of these troops during the space of ten months only, yet was the duchess obliged, by the necessity of her aftairs, to submit to such rigid conditions, imposed by an ally so much concerned in interest to protect her. The force.'! .arrived under the command of lord Willoiighby, of Broke ; and made the Bretons, during some time, masters of the field. The French retired into their garrisons ; and expected, by dilatory measures, to waste the fire of the English, and disgust them with the enterprise. The scheme was well laid, and met with success. Lord Broke found such discord and confusion in the counsels of Brit.anny, that no mea- sures could be concerted for any undertaking; no snjiply obtained ; no provisions, carriages, artillery, or military stores procured. The whole court was rent into factions : no one minister had acquired the as- cendant : and w hatever pi'oject was formed by one, was sure to be tnaversed by another. The English, disconcerted in every enterprise by these animosities and uncertain counsels, returned home as soon as the time of their service w.as elapsed ; leaving only a sm.iU garrison in those towns which had been consigned into their hands. During their stay in Brit.anny, they had only contributed still further to waste the country; .and by their dep.arture, they left it entirely at the mercy of the enemy. So feeble was the succour which Henry, in this important conjuncture, afforded his ally, whom the invasion of a foreign enemy, coucurrinjf with domestic dissensions, had reduced to the utmost distress ! The great object of the domestic dissensions in Britanny was the disposal of the young duchess in marriage. The mareschal Rieux, favoured by Henry, seconded the suit of the lord d'Albert, who led some forces to her assistance. The chancellor Montauban, observing the aversion of the duchess to this suitor, insisted that a petty prince, such as d'Albert, was un- able to support Anne in her jjresont extremities ; and he recommended some more powerful alliance, par- ti('ularly that of JIaximilian, king of the Rom,ans 1490. This party at last prevailed ; the marriage with Maximilian was celebrated by proxy ; and the duchess thenceforth assumed the title of queen of the Romans. | But this magnificent appellation was all she gained by her m.arriage. Maximilian, destitute of troops and money, and embaiTassed with the continual revolts of the Flemings, could send no succour to his distressed consort ; while d'Albert, enr.agcd at the preference given to his rival, deserted her cause, and received the French into Nantz, the most important place in the dutchy, both for strength and riches. • The French court now began to change their scheme with regard to the subjection of Britanny. Charles had formerly been affianced to Margaret, daughter of Maximilian, who, though too j'oung for the consumma- tion of her marriage, had been sent to Paris to be educated, and at this time bore the title of Queen of France. Besides the rich dowry which she brought the king, she was, after her brother riiilip, then in early youth, heir to all the dominions of the house of Burgundy ; and seemed, in many respects, the most proper match that could be chosen for the young monarch. These circumstances had so blinded both Maximilian and Henry, that the}- never suspected any other intentions in the P'rench court ; nor were they able to discover that engagements, seemingly so ad- vantageous, and so solemnly entered into, could be Chap. XXV. ] HENRY VII. 1485—1509 317 infringed and set aside. But Charles began to per- ceive tluit the conquest of JJiitanny, in opposition to the natives, and to all the gnat powers of Christen- dom, would prove a diilicult enter])rise ; and that even if he should overrun the country, and make himself master of the fortresses, it would be impossible for him long to retain ])ossession of them. The marriage alone of the (iuehess eouhl fully re-annex that fief to the crown ; and the jjresent and certain enjoyment of BO cousiderahlo a territory seenu'd preferable to the pi-ospeet of inheriting the dominions of the liouse of Burgundy ; a jirospect which became every day more distant and precarious. Above all, the marriage of JIaximilian and Anne appeared destructive to the grandeur, and even security, of the French monarch ; \vhi\o that prince, possessing Flanders on the one hand, and Britanny on the other, might thus, from both quarters, malco inroads into the heart of the country. The only remedy for these evils was tlierefore con- cluded to be the dissolution of the two marriages, which had been celebrated, but not consummated ; aiu! the espousal of the duchess of Britanny by the king of Prance. It was necessary that this expedient, which had not been foreseen by any court in Kurope, and which they were all so much interested to oppose, should be kept a profound secret, and should be discovered to the world only by the full execution of it. The measures of the French ministry in the conduct of this deli- cate enterprise were wise and political. While they pressed Britanny with all the rigours of war, they secretly gained the count of Dunois, who possessed great authority with the Jiretons ; and having also en- gaged in their interests the prince of Orange, cousin- gorman to the duchess, they gave him his liberty, and sent him into Britanny. These partisans, supported by other emissaries of France, prepared the minds of men for the great revolution projected, and disijlayed, though still with many precautions, all the advantages of a union with the French monarchy. They repre- sented to the barons of Itritanny, that their country, harassed during so many years with perpetual wai-, had need of some repose, and of a solid and lasting peace with the only jiower that was formidable to them : that their alliance witli Maximilian was not able to afford them even present protection ; and by closely uniting them to a jiower which was rival to the greatness of France, fixed them in perpetual enmity with that potent monarchy : that their vicinity ex- posed them first to the inroads of the enemy ; and the happiest event which, in such a situation, could befall them, would be to attain a peace, though by a final subjection to France, and by the loss of that liberty transmitted to them from their ancestors ; and that any other expedient, compatible with the honour of the state, and their duty to their sovereign, was prefer- able to a scene of such disorder and devastation. These suggestions had infiuence with the Bretons : but the chief difliculty lay in s\ninounting the preju- dices of the young duchess herself. That princess liad imbibeil a strong prcpossission against the French na- tion, particularly against Charles, the author of all the calamities which, from her earliest infancy, had be- fallen her family. She liad also fixed her affections on JIaximilian ; and as she now deemed him her husband, she could not, she thought, without incurring the greatest guilt, and violating the most solemn engage- ments, contract a marriage with any other person 1491. In order to overcome her obstinacy, Charles gave the duke of Orleans his liberty, who, though fonnerly a suitor to the duchess, was now contented to ingratia"te himsi'lf with the king, by employing in his favour all the interest which he still pos.sessed in Bri- bnny. Marcschal Kieux and chancellor iMontaubau were reconciled by his mediation ; and these rival ministers now concurred with the prince of Orange and the count of Dunois, in pressing the conclusion of a taarriagc with Cliarles. By their suggestion, Charles advanced with a powerful army, and invested Keuncs, at that time the residence of tlie duchess, v.-ho, a.s.sailed on all hands, and finding none to sujqwrt her in her inflexibility, at last opened the gsites of the city, and agreed to espouse the king of France. She was mar- ried at Langey in Touraine ; conducted to St. Denis, where she nas crowned; thence nnvde her entry into Taris, amidst the joyful acclamations of the people, who regarded this marriage as the most prosperous event that could have befallen the monarchy. The triumph and success of Charles was the most sensible nmrtification to the king of the Komans. lie had lost a considerable territory, which he thought he bad acquired, and an accomplished princess, whom he had espoused ; he was affronted in the person of bis daughter Margaret, who was sent back to him after she had been treated, during soi\u- years, as queen of France ; he had reason to repro.aeh himself with his own sujiiiu-' security, in neglecting the consummation of his marriage, which was easily ]>racticable for him, and which would have rendered the tie indissoluble: these considerations threw him into the most violent rage, which he vented in very indecent expressions ; and he threatened France with an invasion from the united arms of Austria, Spain, and Kngland. The king of England had also just re;u>on to rejiroach himself with misconduct in this important tran.saction : and though the affair had terminated in a manner which he could not precisely foresee, his negligence iu leaving his most useful ally so long exposed to the in- vasion of superior power, could not but appear, on reflection, the result of timid caution and narrow ]ioli- tics. As he valued himself on his extensive foresight and ju'ofound judgment, the .ascendant ac(inired over him by a raw youth, such as Charles, could not but give him the highest displeasure, and prompt him to seek vengeance, after all remedy for his miscarriage was become absolutely impracticable. But he was further actuated by avarice, a motive still more i>TC- dominant with him than either pride or revenge ; and ho sought, even fiom his present disappointments, the gratification of this ruUng passion. On pretence of a French war, he issued a commission (7th July) for levying a lienevolcm-c on his ])eopIe;* a sjjeeies of tax- ation which had been abolished by a recent law of Hichard III. This violence (for such it really was) fell chiefly on the commercial part of the nation, who were ])osseBsed of the ready money. London alone contributed to the amount of near 10,000 pounds. Archbishop Morton, the chancellor, instructeil the commissioners to employ a dilemma, in which every one might be comprehended : if the persons ajiidied to lived frugally, they were told that their i)arsimony must necessarily have enriched them : if their method of living were splendid and hospit.abh', they were con- cluded to be opulent on account of their expenses. This device was l>y some called chancellor Morton's fork, by others his cnitch. So little ap))rehen.sive was the king of a parliament on account of his levying this arbitrary imjjosition, that he soon after summoned that assembly to meet at Westminster ; (27th October ;) and he even expected to enrich himself further by working on their pa.ssions and ])rijudice3. He knew the displeasure which the English had conceived against France on account of the acquisition of Britanny ; and he took care to insist on that toi)ic, in the speech which he himself pro- nounced to the parliament. He told them that France, elated with her late successes, had even proceeded to a contempt of England, and had refu'^ed to pay the tribute wliich Louis XI. had stipul.ated to lOdwaidlV.; that it became so warlike a nation as the Ennlisli to bo roused by this indignity, and not to limit flicix preten- sions merely to repelling the pi eseut uijiuy i lliat, lor his part, he' was determined to lay claim to tlic cvowu • Pftcnn «-•« that ttif bcncvoicnoe was icvUd «illi confcnl of parlii-mnit which u a mUCAkc 318 THE HISTORY OF L-NTGLAND [Chap. XXY. itself of France, and to maintain by force of arms so just a title, transmitted to him by liis gallant ancestors: that Crccy, Toictiers, and Azincour were sufHcient to iiistnict them in their snpcriority over the enemy ; nor did he despair of addin-j new names to the glorious catalogue : that a king of France had been prisoner in London, and a king of England had been crowned at Paris ; events which should animate them to an emu- lation of like glory with that which had been enjoyed by their forefathers : that the domestic dissensions of Knglaud had been the sole cause of her losing these fonign dominions ; and her present internal union would be the cftectual means of recovering them : that where such lasting honour was in view, and such an important acquisition, it became not brave men to re- pine at the advance of a little treasure: and that, for his part, he was determined to make the war maintain itself; and hoped by the invasion of so opulent a king- dom as France to increase, rather than diminish, the riches of the nation. 1492. Notwithstanding these magnificent vaunts of the king, all men of penetration concluded, fiom the personal character of the man, and still more from the situation of atfairs, that he had no serious intention of pushing the war to such extremities as he pretended. France was not now in the same condition as when such successful inroads had been made upon her by former kings of England. The great fiefs were unitt'd to the crown ; the princes of the blood were desirous of tranquillity ; the nation aboimded with able captains and veteran soldiers ; and the general aspect of her affairs seemed rather to threaten her neighbours, than to promise thcni any considerable advantages against her. The levity and vainglory of Jlaximilian were supported by his pompous titles ; but were ill seconded by military power, and still less hy any revenue pro- portioned to them. The politic Ferdinand, while he made a show of war, was actually negociating for peace ; and, rather than expose himself to any ha- zard, would accept of veiy moderate concessions from France. Even England was not free from domestic discontents ; and in Scotland, the death of Henry's friend and ally, James III., who had been murdered by his rebellious subjects, had made wa^y for the suc- cession of his son, James IV., who w;is devoted to the French interest, and would surely be alarmed at any important progress of the English arms. But all these obvious considerations had no influence on the parliament. Inflamed by the ideas of subduing France, and of enriching themselves by the spoils of that king- dom, they gave into the snare prepared for them, and voted the supply which the king demanded. Two- fifteenths weie granted him ; and the better to enable his vassals and nobility to attend him, an act was passed, empowering them to sell then- estates, without paying any fines for alienation. WAR WITH FRANCE. The nobility were universally seized with a desire of military glory ; and having crediUously swallowed all the boasts of the king, they dreamed of no less than carrying their triumphant banners to the gates of Paris, and j)utting the crown of France on the head of their sovereign. Many of them borrowed large sums, or sold off manors, that they nnght appear in the field with greater splendour, and lead out tln^ir followers in more comjilete order. The king crossed the sea, and airived at Calais on the si.xth of October, with an army of twenty-five thousand foot and sixteen hundred horse, which he put under the command of the duke of Bedford and the earl of Oxford ; but as some infer- red, from his opening the campaign in so late a sea- son, that peace would soon be concluded between the crowns, he was desirous of suggesting a contrary infer- ence, "lie had come over," he said, "to make aii entire conquest of France, which was not the work of oue Siimmer. It was therefore of no consequence at what season he began the invasion ; esspeciiiLly a,3 ho had Calais ready for winter-quarters." As if he had seriously intended this enterprise, he instantly marched into the enemy's country, and laid siege to Bulloigne; but notwithstanding this appearance of hostiUty, there hud been secret advances made towards jicace above three months before ; and commissioners had been ap- pointed to treat of the tenus. The better to reconcile the minds of men to this unexpected measure, the king's ambassadors arrived in the camp from the Low Countries, and informed him that Maximilian was in no readiness to join him ; nor was any assistance to he expected from that quarter. Soon after messengers came from Spain, and brought news of a peace con- cluded between that kingdom and France, in whieii Charles had made a cession of the counties of Roussil- lon and Cerdagne to Ferdinand. Though these articles of intelligence were carefully dispersed throughout the amiy, the king was still ai>prehensive lest a sudden peace, after such magnificent promises and high expec- tations, might expose him to reproach. In order the more eftectually to cover the intended measures, he secretly engaged the marouis of Dorset, together with twenty-three persons of distinction, to present him a petition for agreeing to a treaty with France. The pretence was founded on the late season of the year, the difiiculty of snp])lying the army at Calais during winter, the obstacles ^vllich arose in the siege of Bul- loigne, the desertion of those allies whose assistance had been most relied on : events which might, all of them, have been foreseen before the embarkation of the forces. PEACE WITH FRANCE. November 3. In consequence of these preparatory steps, the bishop of Exeter and lord Daubeney were sent to con- fer at Estaples with the mareschal de Cordes, and to put the last hand to the treaty. A few days sufficed for that purpose: tiie demands of Henry were wholly pecuniary ; and the king of France, who deemed the jjeaceable possession of Britanny an equivalent for any sum, and who was all on tire for his i)rojected expedition into Italy, readily agreed to the proposals made him. He engaged to pay Henry 715,000 crowns, near 400,000 pounds sterling of our present money ; partly as a reimbursement of the sums advanced to Britanny, partly as arrears of the pension due to Ed- ward IV. And ho stijiulatcd a yearly pension to Henry and his heirs of 25,000 crowns. Thus the king, as rem.arked by his historian, made profit upon his subjects for the war ; and upon his enemies for the peace. And the people agreed that he had fulfilled his promise, when he said to the parliament that he would make the war maintain itself. Maximilian w.as, if lie pleased, comprehended in Henry's treaty ; but he dis- dained to be in any respect beholden to an ally of whom he thought he had reason to complain ; be made a separate peace with France, and obtained res- titution of Artois. FrauchecomiitC, and Charoloh-i, which had been ceded as the dowry of his daughter when she was affianced to the king of France. The peace concluded between England and Franco was the more likely to continue, because Charles, full of ambition and youthful hopes, bent all his attention to the side of Italy, and soon after undertook the con- quest of Naples ; an enterprise wdiich Heni-y legarded with the greatest indifference, as Naples lay remote from him, and France had nevei' in any age been suc- cessful in that quarter. The king's authority was fully established at home ; aud every rebellion whicn had been attempted against him had hitherto tended only to confound his enemies, and consolidate his power and influence. His reputation for policy aud cunuucc was daily augmenting ; his treasures had increased even from the most unfavourable events ; the hopes cf all pretenders to his tin one were cut off, as well by his marriage as by the issue which it had brought hint. Chap. XXV.] HENRY VII. 1485—1509. no In this prosperous situation tlio kinf; had reason to flatter liimself with the prosjiect of iIural)lo peace and tranquillity : but his inveterate and indefatij;al)le ene- mies, wlioni he had wantonly provoked, raised Iiini an adversary, wlio lonn; kept Iiini in inquietude, and some- times even brought him into danger. The duchess of Biirgundy, full of resentment for the depression of her family and its partisans, rather irri- tated than discouraged by the ill success of her past enterprises, w.as determined, at least, to disturb that govcrifment whicli she fouTid it so difiieult to subvert. By means of her emissaries she propagated a report that Iier nephew Richard Plantiigenet, duke of York, had escaf^d fi'om the Tower when his elder brother was murdered, and that he still l.ay somewhere con- *caJed : and finding this rumour, however improbable, to be greedily received by the people, she had been looking out for somo young man proper to personate that unfortunate prince. PEKKIN WARBEC. There was one Osbec, or Warbec, a renegado Jew of Tournay, who luad been carried by some business to London in the reign of Kdward IV., and had there a son born to him. Having had opportunities of being known to the king, and obtaining his favour, he pre- vailed with that prince, whose manners were very aflable, to stand godfather to his son, to whom he gave the name of Peter, corrupted, .after the Flemish man- ner, into Peterkin, or Perkin. It was by some believed that Edward, among his amorous adventures, had a Becret commerce with Warbec 's wife ; and peojile thence accounted for that resemblance which w.is after- wards remarked between young Perkin and that mo- narch. Some ye.ars after the birth of this child. War- be." returned to Tournay ; where Perkin his son did not long remain, but by different accidents was carried from place to place, and his birth and fortunes became thereby unknown, and difficult to be traced by the most diligent inquiry. The variety of his adventures had happily favoured the natural versatility and saga- city of l\is genius ; and he seemed to be a youth per- fectly fitted to act any p.art, or assume any character. In this light he had been represented to the duchess of JSurgundy, who, struck with the concurrence of so m.any circumstances suited to her purpose, desired to bo m.ade acquainted with the man on whom she already began to ground her hopes of success. She found him to exceed her most sanguine expectations; so comely did he appear in his person, so graceful in his air, so courtly in his address, so full of docility and good sense in his behaviour and couversation. The lessons necessary to be taught him, in order to his per- sonating the duke of York, were soon learned by a youth of such quick apprehension; but as the season seemed not then favouiablo for his enterprise, Marga- ret, in order the bettor to conceal him, sent him, iinder the care of lady Brampton, into Portugal, where he remained a year, unknown to all the world. The war, which wa-s then ready to break out between France and England, seemed to afford a proper oppor- tunity for the discovery of this new phenomenon ; and Ireland, which still retiiined its attachments to the house of York, was chosen as the place proper for his fii'st appearance. Ho landed at Cork; and immedi- ately .assuming the name of Richard Plantagenet, drew to him p.artisans among that credulous people. He wrote letters to the earls of Desmond and Kildare, inviting them to join his p.arty : he dispersed every- where the strange intelligence of his escape from the cruelty of his uncle Richard: and men, fond of every- thing new and wonderful, began to make him the ^em^ral subject of their discourse, and even the object of their favour. The news soon reached France ; and Charles, prompted by the secret solicitations of the duchess of B'lrgundy, and the intrigues of one Prion, a secretary of Henry's, who liad deserted his service, sent Perkin an invitation to repair to him at Paris. He received him with all the marks of regard duo to the duke of York; settled on him a handsome pension, assigned him magnificent lodgings, and in order to provide at once for his dignity and security, gave him a guard for his person, of which lord Congresal accepted the office of captain. The French courtiers readily embraced a fiction which their sovereign thought it his interest to ad6pt : Perkin, both by his deportment and personal qualities, supported flie prepossession which was spread abroad of his royal pedigree : and tho whole kingdom was full of the accomplishments, as well as the sin- gular adventures and misfortunes, of the young Plan- tagenet. Wonders of this nature are commonly ang- niented at a distance. From France, the admiration and credulity diffused themselves into England : sir George Nevll, sir John Taylor, and above a hundred gentlemen more, came to Paris, in order to offer their services to tho supposed duke of York, and to share his fortunes; and the impostor had now the appearance of a court attending him, and began to entertain hopes of final success in his undertakings. HE IS AVOWED BY THE DUCHESS OP BURGUNDY, When peace was concluded between France and Enghand at Estaples, Henry applied to have Perkin put into his hands ; but Charles, resolute not to betriiy a young man, of wliatever birth, whom he had invited Into his kingdom, would agree only to dismiss him. The pretended Richard retlre'ag j-epulsed from the coast of ii. Kent, he retired into Flanders; but as he found it impossible to procure subsistence for himself and his followers while lie remained in tranquillity, he soon after made an attempt upon Ireland, which had al- ways appeared forv.M'd to join every invader of Henry's authority. But Poynings had now put the affairs of that island in so got :1 a posture, that Perkin met with little success ; and being tired of the savage life which he was obliged to lead while skulking among the wild Irish, he bent his course towards Scotland, and pre- sented himself to James IV., who then governed that kingdom. He had been previously recommended to this prince by the king of France, who was disgusted at Henry for entering into the general league against him ; and this recommendation was even seconded by Maximilian, who, though one of the confederates, was also displeased with the king on account of his pro- hibiting in England all commerce with the Low Coun- tries. The countenance given to Perkin by these princes procured him a fovourable reception with the king of Scotland, who assured him, that, whatever he were, he never should repent putting himself in his hands : the insinuating address and plausible beha- viour of the youth himself seem to have gained him credit and authority. James, whom years liad not yet taught distrust or caution, was seduced to believe the story of Perlcin's birth and adventures ; and he car- ried his confidence so far as to give him iu marriage tie lady Catharine Gordon, daughter of the earl of Huntley, and related to himself; a young lady, too, eminent for virtue as well as beauty. 1496. There subsisted at that time a great jeafousy between the courts of England and Scotland; and James was probaldy the more forward on that account to ndopt any fiction which he thought might reduce hi;- euemy to distress or difficulty. He suddenly re- solved to make an inroad into England, attended by some of the borderers ; and he carried Perkin along with bini, in hopes that the ajipearance of the pro- tended prince might raise an insurrection in the north- ern counties. Perkin himself dispersed a, manifesto, in which he set forth his own story, and craved the assistance of all his subjects in expelling the usurper, whose tyranny and mal-administration, whose depres- sion of the nobility by the elevation of mean p«:r30U8, whose opiiression of the people by multiplied impo- sitions and vexations, had justly, he said, rendered him odious to all men. lint Perkin's pretensions, attended with repeated disappointments, were now become stale in the eyes even of the populace ; and the hostile dispositions which subsisted between the kingdoms rendered a prince, supported by the Scots, but an unwelcome present to the English nation. The ravages also committed by the borderers, accus- tomed to licence and disorder, struck a terror into all men ; anil made tlie people prepare rather for repel- ling the invaders than for joining them. Perkin, that he might support kis pretensions to royal birth, feigned great compassion for the misery of his plun- dered subjects; and publicly remonstrated with his ally against the depredations exercised by the Scot- tish army : but James told him, that he doubted his concern w.as employed only in behalf of an enemy, and that he was anxious to preserve what never sliould belong to him. That prince now began to per- ceive that his attempt would be fruitless; and hearing of an army which was on its march to attack him, he thought proper to retreat into his own countiy. The king discovered little anxiety to procure either reparation or vengeance for this insult committed on him by the Scottish nation ; his chief concern was to draw advantage from it, by the pretence which it might afford him to levy impositions on his own sub- jects. He summoned a parliament, to whom he made bitter complaints against the irruption of the Scots, the absurd imposture countenanced by that nation, the cruel devastations committed in the northern counties, and the multiplied insults thus offered both to the king and kingdom of England. The parliament made the expected return to this discourse, by granting a subsidy to the amount of 120,000 pounds, together with two fifteenths. After making Wiis grant, they were dismissed. 1497. The vote of parliament for imposing the tax was without much difficulty procured by the authority of Henry ; but he found it not so easy to levy the money ujiou his subjects. The people, who were acquainted with the immense treasures which he had amassed could ill brook the new impositions raised on every slight occasion ; and it is probiible that the flaw, which was universally known to be in his title, made his reign the more subject to insurrections and rebellions. When the subsidy began to be levied in Cornwall, the inhabitiints, numerous and poor, robust and cou- rageous, murmured against a tax occasioned by a sud- den inroad of the Scots, from which they esteemed themselves entirely secure, and which had usually been repelled by the force of the northern counties. Their ill-humour was further incited by one Michael Joseph, a farrier of Bodmin, a notable prating fellow, who, by thrusting himself forward on every occasion, and being loudest in every complaint against the go- vernment, had acquired an authority among those rude people. Thomas Flainmoc, too, a lawyer, who had become the oracle of the neighbourhoocl, encou- r.aged the sedition, by informing them that the tax, though imposed by parliament, was entirely illegal ; that the northern nobility were bound by their te- nures to defend the nation against the Scots ; and that if these new impositions were tamely submitted to, the avarice of Henry and of his ministers would soon render the burden intolerable to the nation. The Cornish, he said, must deliver to the king a petition, seconded by such a force as would -live it authority; Cflip. XXVI.] HENRY VII. 14^5—1509. 323 iind, in order to procure the concurrence of the rest of the kingdom, care must be taken, by tlicir orderly de- portment, to sliow that they had uotliing in view but the pubhc good, and the redress of all those grievances under which the people had so long laboured. Encouraged by these speeches, the multitude flocked together, and armed themselves with a.xes, bills, bows, and such weapons as country people are usually pos- sessed of. Flammoc and Joseph were clioseu their leaders. They soon conducted the Cornish through the county of Devon, and reached that of Somerset. At Taunton the rebels killed in their fury an officious and eager commissioner of the subsidy, whom tliey called the provost of Periu. When they reached Wells, tliey were joined by lord Audley, a nobleman of an ancient family, popular in his deportment, but vain, ambitious, and restless in his temper. He had from the beginning maintained a secret correspond- ence with the first movers of the insurrection ; and was now joyfully received by them as their leader. Proud of the couutenance given tliera by so consi- derable a nobleman, they continued their march; breathing destruction to the king's ministers and fa- vourites, particularly to Morton, now a cardinal, and sir Reginald Bray, who were deemed the most active instruments in all his oppressions. Notwithstanding their rage against the administration, they carefully followed the directions given them by their leaders ; and as they met with no resistance, they committed, during their march, no violence or disorder. The rebels had been told by Flammoc, that the in- liabitants of Kent, as they had ever, during all ages, remained unsubdued, and had even maintained their independence during the Norman conquest, would surely embrace their party, and declare themselves ( for a cause which was no other than that of public good and general liberty. But the Kentish people had very lately distinguished themselves by repelling Perkin's invasion ; and as they had received from the king many gracious acknowledgments for this service, their affections were, by that means, much conciliated to his government. It was easy, therefore, for the earl of Kent, lord Abergavenny, and lord Cobham, who possessed great authority in those parts, to re- tain the people in obedience ; and the Cornish rebels, though they pitched their camp near Eltliani, at the very gates of London, and invited all the people to ioin them, got re-enforcement from no quarter. There wanted not discontents everywhere; but no one would take part in so rash and ill-concerted an enterprise ; and besides, the situation in which the king's affairs then stood, discom-aged even the boldest and most daring. Uenry, in order to oppose the Scots, had already levied an army, which he put under the command of lord Daubeney, the chamberlain; and as soon as he heard of the Cornish insurrection, he ordered it to march southwards, and suppress the rebels. Not to leave the northern frontier defenceless, he dispatched thither the earl of Surrey, who assembled the forces on the borders, and made head against the enemy. Henry found hero the concurrence of the three most fatal incidents that can befall a monarchy; a foreign enemy, a domestic rebellion, and a pretender to his crown ; but he enjoyed great resources in his army find treasure; and still more, in the intrepidity and courage of his own temper. He did not, however, immediately give full scope to his military spirit. On other occasions, he bad always hastened to a decision ; and it was a usual saying with him, that he desired but to tee hit rebels : but as the Cornish mutineers behaved in an inoffensive manner, and committed no spoil on the country ; as they received no accession of force on their march or in their encampment ; and as such hasty and jxipular tumults might be expected to di- minish every moment by delay; he took post in London, and assiduously prepared the means of en- suring victory. BATTLE OF BLACKHEATH. Jumi 22. After all his forces were collected, he diyided them into three bodies, and marched out to assail the enemy. The first body, commanded by the earls of 0.\ford, and under him by the earls of Essex and Suffolk, were ajj- pointed to place themselves behind the hill on which the rebels were encamped : the second and most con- siderable Henry put under the command of lord Dau- beney, and ordered him to attack the enemy in front, and bring on the action. The third he kept as a body of reserve about his own person, and took post in St. George's Fields ; where he secured the city, and could easily, as occasion served, either restore the fight or finish the victory. To put the enemy off their guard, he had spread a report that he was not to attack them till some days after ; and the better to confirm them in this opinion, he began not the action till near the evening. Daubeney boat a detachment of the rebels from Deptford-bridge ; and before the main body could be in order to receive him, he had gained the ascent of the hill, and placed himself in array be- fore them. They were formidable from their numbers, being sixteen thousand strong, and were not defective in valour ; but being tumultuary troops, ill-armed, and not provided witli. cavalry or artillery, they were but an unequal match for the king's forces. Daubeney began the attack with courage, and even with a con- tempt of the enemy, which had almost proved fatal to him. He rushed into the midst of them, and w.ts taken prisoner; but soon after was released by his o«n troops. After some resistance, the rebels were broken, and put to flight. Lord Audley, Flammoc, and Joseph, their leaders, were taken, and all three executed. 'The latter seemed even to exult in his end, and boasted with a preposterous ambition, that he should make a figure in history. The rebels, being surrounded ou every side by the king's troops, were almost all made prisoners, and immediately dismissed witljout further punishment: whether that Henry was satisfied with tho victims who had fallen in the field, and who amounted to near two thousand, or that he pitied the ignorance and simplicity of the multitude, or favoured them ou aucount of their inoffensive behaviour, or was pleased that they had never, during their insurrection, clis- puted his title, and had shown no attachment to the liouse of York, the highest crime of which, in his eyes, they could have been guilty. Tlie Scottish king was not idle during these commo- tions in England. He levied a considerable army, and sat down before the castle of Norliam in Northum- berland ; but found that place, by the precaution of Fox, bishop of Durham, so well provided both with men and ammunition, that he made little or no pro- gress in the siege. Hearing that the carl of Surrey had collected some forces, and was advancing upon him, he retreated into his own country, and left the frontiers exposed to the inroads of the English gene- ral, who besieged and took Alton, a small castle lying a few miles beyond Berwick. These unsuccessful or frivolous attempts on both sides prognosticated a speedy end to the war; and Henry, notwithstanding his su- perior force, was no less desirous than James of termi- nating the differences between the nations. Not to depart, however, from his dignity, by making the first advances, he employed in this friendly office Peter llialas, a man of address and learning, who had come to him as ambassador from Ferdinand and Isabella, and who was charged with a commission of negociating the marriage of the infanta Catherine, their daughter, with Arthur, prince of Wales. Hialas took a journey northwards, and offered his mediation between James and Henry, as minister of a prince who was in alliance with both potentates. Com- missioners were soon appointed to meet, and confer on t'^rms of accommodation. The first demand of the English was, that Pcrkin should be put into their hands: James replied, that he himself was no iiu'^r" 824 THK HISTORY OF ENGLAND. , Chap, XXVI, of the young man's pretensions; but liaviug received him as'a supjilicant, and promised him protection, he was determined not to betray a man wlio had trusted to his good faith and his generosity. The next de- mand of the ICnglish met with no better reception : they rccpiired reparation for the ravages committed by the late inroads into Enghind : tlie Scottish commis- sioners replied, that tlie spoils were like water spilt upon the ground, which could never be recovered, and that Henry's subjects were better able to bear the loss, than their masters to repair it. Henry's commis- sioners next proposed, that the two kings sliould have an interview at Newcastle, in order to adjust all dif- ferences ; but James said, that he meant to treat of a peace, not to go a begging for it. Lest the conferences should break otF altogether without effect, a truce was concluded for some months ; and James, perceiving that, while Perkin remained in Scotland, he himself never should enjoy a solid peace « ith Henry, privately desired him to depart the kingdom. Access was now barred Perkin into the Low Coun- tries, his usual retreat in all his disappointments. The Flemish merchants, who severely felt the loss result- ing from the interruption of commerce with England, had made such interest in tlio archduke's council, that commissioners were sent to London, in order to treat of an accommodation. The Flemish court agreed, that all English rebels should be excluded the IjOW Countries; and in this prohibition the demesnes of the duchess-dowager were expressly comprehended. AVhen this principal article was agreed to, all the other terms were easily adjusted. A treaty of com- merce was finished, which was favourable to the Flem- ings, and to which they long gave the appellation of Inlercursiia magnus, " the great treaty." And when the English merchants returned to their usual abode at Antwerp, tliey were publicly received, a.s in proces- sion, with joy and festivity. Perkin was a Fleming by descent, though born in England; and it might therefore be doubted, whether lie were included in the treaty between the two na- tions : but as he must dismiss all his English re- tainers, if he took shelter in the Low Countries, and as he was sure of a cold reception, if not bad usage, among people who were determined to keep on terms of friendship with the court of England ; he thought fit rather to hide himself, during some time, in the wilds and fastnesses of Ireland. Impatient, however, of a retreat, which was both disagreeable and danger- ous, he held consultations with his followers, Ilerne, Skelton, and Astley, three broken tradesmen : by their advice, he resolved to try the atfections of the Cornish, whose mutinous disposition, notwithstanding the king's lenity, still subsisted, after the suppression of their re- bellion. No sooner did he appear at liodniin in Corn- wall, thai) the populace, to the number of three thou- sand, flocked to his standard ; and Perkin, elated with this appearance of success, took on him, for the first time, the appellation of Richard IV., king of England. Not to suffer the expectations of his follow- ers to languish, he presented himself before Exeter: and, by many fair promises, invited that city to join him. Finding that the inhabitants shut their gates against him, he laid siege to the place ; but being un- provided with artillery, ammunition, and everything requisite for the attempt, lie made no progress in his undert.aking. Messengers were sent to the king, in- forming hiin of this insurrection : the citizens of Ex- eter, meanwhile, were determined to hold out to the last extremity, in expectation of receiving succour from the well-known vigilance of that monarch. When Henry was informed that Perkin was landed in England, he expressed great joy, and prepared him- self with al.acrity to attack him, in hopes of being able, at length, to put a period to pretensions which had so long given him vexation and inquietude. Al! tlie courtiers, sensible that their activity on this occa- sion would be the most acceptable service which they could render the king, disjilaycd their zeal for the en- terprise, and forwarded his prcp;trations. The lords Daubeney and Broke, with sir Rice ap Thomas, hast- ened forward with a small body of troops to the relief of Exeter. The earl of Devonshire, and tlio most considerable gentlemen in the county of that name, took arms of their own accord, and marched to join the king's generals. The duke of Bucitingham jnit himself at the head of a troop, consisting of young nobility and gentry, who served as volunteers, and who longed for an opportunity of displaying their cou- rage and their loyalty. The king himself prepared to follow with a considerable army; and thus all England seemed united against a pretender who had at first engaged their attention, and divided their affections. Perkin, informed of these great preparations, imme- diately raised the siege of Exeter, and retired to Taunton. Though his followers now amounted to the number of near seven thousand, and seemed still reso- lute to maintain his cause, he himself despaired of success, and secretly withdrew to the sanctuary of Beaulieu in the New Forest. The Cornish rebels sub- mitted to the king's mercy, and found that it was not yet exhausted in their behalf. Except a few persons of desperate fortunes who were executed, and some others who weie severely fined, all the rest were dis- missed with impunity. Lady Catherine Gordon, wile to Perkin, fell into the hands of the victor, and was treated with a generosity which does him honour. He soothed her mind with many marks of regard, placed her in a reputable station about the queen, and assigned her a pension, which she enjoyed even un- der his successor. PERKIN TAKEN PRISONER. 1498. Henry deliberated what course to take with Perkin himself. Some counselled him to make the privileges of the church yield to reasons of state, to take him by violence from the sanctuary, to inflict on him the punishment due to his temerity, and thus at once put an end to an imposture which had long disturbed the government, and which the credulity of the people, and the artifices of malcontents, were still capable of reviving. But the king deemed not the matter of such importance as to merit so violent a remedy. He em- ployed some persons to deal with Perkin, and persuade him, under promise of pardon, to deliver himself into the king's hands. The king conducted him, in a spe- cies of mock triumph, to London. As Perkin passed along the road, and through the streets of the city, men of all ranks flocked about him, and the populace treated with the highest derision his fallen fortunes. They seemed desirous of revenging themselves, bj their insults, for the shame which their former beliet* of his impostures had thrown upon them. Though tho eyes of the nation were generally ojiencd with regard to Perkin's real parentage, Henry required of him a confession of his life and adventures; and he or- dered the account of the whole to be dispersed, soon after, for the satisfaction of the puljlic. But as his regard to decency made him entirely suppress the share which the duchess of Burgundy had had in con- triving and conducting the imposture, the people, who knew that she had been the chief instrument in the whole affair, were inclined, on account of the silence on that head, to pay the less credit to the authenticity of the narrative. 1499. But Perkin, though his life was granted him, was still detained in custody ; and keepers were ap- pointed to gu.ard him. Impatient of confinement, he broke from his keepers, and flying to the sanctuary of Shyne, put himself into the hands of the prior of tliat monastery. The prior h.ad obtained great credit by his chai\icter of sanctity; and he prevailed on tiie king again to grant a pardon to Perkin. But in order to reduce him to still greater contempt, lie was set in the Chai'. XXVI.] HENRY VII. 1485—1509. 326 stocks at Westminster and Cheapside, and obliged in both places to read aloud to the people the oonf'ession which had fcirmoi ly been published ill his name. lie was then confined to the Tower, where his habits of restless intrigue and enterprise followed him. lie insinuated himself into the intimacy of four servants of sir John Digby, lieutenant of the Tower; and, by their means opened a correspondence with the earl of Warwick, wno was confined in the same prison. Tliis unfortunate prince, wlio had, from his earliest youth, been shut up from the commerce of men, and who was ignorant even of the most common affairs of life, nad fallen into a simplicity, which made him suscepti- ble of any imi>rcssion. The continued dread also of the more violent effects of Henry's tyranny, joined to the natural love of liberty, engaged him to embrace a project for his escape, by the murder of the lieutenant ; and Perkins ofl'ered to conduct the whole enterjirise. The conspiracy escaped not the king's vigilanci' : it was even generally believed that the scheme had been laid by himself, in order to draw Warwick and Perkin into the snare: hut the subsequent execution of two of Digby 's servants for the contrivance seems to clear the king of that imputation, which was indeed founded Tiore on the general idea entertained of his character than on any positive evidence. Perkin, by this new attempt, after so many enormi- ties, had rendered himself totally unworthy of mercy; and he was accordingly arraigned, condemned, and soon after hanged at Tyburn, persisting still in the confession of his imposture. [See note 2 O, at the end of this IV.] It hapi)ened about tiiat very time, that one Wilford, a cordwainer's son, encouraged by the surprising credit given to other impostures, had under- taken to personate the earl of Warwick; and a priest had even ventured from the pulpit to recommend his cause to the people, who seemed still to retain a pro- pensity to adopt it. This incident served Henry as a pretence for his severity towards that prince. lie was brought to trial, and accused not of contriving his escape, (for a.s he was committed for no crime, the desire of liberty must have beer, regarded as natural and innocent,) but of forming designs to disturb the government, and raise an insurrection among the peo- ple. Warwick confessed the indictment, was con- demned, .and the sentence was executed upon him. {21st November.) This violent act of tyranny, the great blemish of Henry's reign, by which he destroyed the last remain- ing male of the line of Plantagenet, begat great dis- content among the people, who saw an unhappy i>rince, that had long been denied all the privileges of his high birth, even cut off from the common benefits of nature, now at last deprived of life itsilf, merely for attempt- ing to shake off that oppression under which he la- boured. In vain did Henry endeavour to alleviate the odium of this guilt, by sharing it with his ally, Ferdi- nand of Arragon, who, he said, had scrupled to give his daughter Catherine in marriage to Arthur, wliile any male descendant of the house of York remained. Men, on the contrary, felt higher indign.ation at see- ing a young prince sacrificed, not to law and justice, but to the jealous politics of two subtle and crafty tyrants. But though these discontents festered in the minds of men, they were so checked by Henry's watchful policy and steady severity, that they seemed not to weaken his government; and foreign princes, deeming his throne now entirely secure, paid him rather the greater defer- ence and attention. The archduke Philip, in p.articular, desired an interview with him; and Henry who had passed over to Calais, agreed to meet him in St. Peter's church near that city. The archduke, on his approach- ing the king, made haste to alight, and offered to hold Henry's stirrup ; a mark of condescension which that prince would not admit of. He called the \i.nvf, father ; patron, protector i and, by his whole behaviour, ex- pressed a strong desire of conciliating the friendship of England. The duke of Orleans had succeeded to the crown of France by the appellation of Louis XII., and having carried hisarmsinto Italy, and subdued the duchy of Alilan, his progress begat jealousy in Maxi« milian, Philip's father, as well as in Ferdinand, his father-in-law. By the counsel, therefore, of these nmnarchs, the young prince endeavoured by every art to acquire the amity of Henry, whom they regarded .as the chief counterpoise to the greatness of France. No particular ])lan, however, of alliance seems to have been concerted between these two princes in their in- terview : all passed in general professions of affection and regard ; at least, in remote projects of a closer union, by the future intermarriages of their children, who were then in a state of infancy. 1500. The pope too, Alexander VI., neglected not the friendship of a monarch whose reputation was spread over Europe. He sent a nuncio into England, who exhorted the king to take part in the great alliance projected for the recovery of the Holy Land, and to I lead in person his forces against the infidels. The general frenzy for crusades was now entirely exhausted in Europe; but it was still thought a necess.ary piece of decency to pretend ze.al for those pious enterprises. Henry regretted to the nuncio the distance of his situ- ation, which rendered it inconvenient for him to ex- pose his person in defence of the Christian cause. He promised, however, his utmost assistance by aids and contributions ; and rather than the pope should go alone to the holy wars, un.accompauied by any monarch, he even promised to overlook all other consider.ations, and to attend him in person. He only required as a necessary condition, that all difference should previ- ously be adjusted among Christian princes, and that some sea port towns in Italy should bo consigned to him for his retreat and security. It was easy to con- elude, that Henry had determined not to intermeddle in any war against the Turk : but .as a great name, without any real assistance, is sometimes of service, the knights of Rhodes, who were at that time esteemed the bulwark of Christendom, chose the king protector of their order. MARRIAGE OF PRINCE ARTHUR WITH CATHERINE OF ARRAGON. 1501. But the prince whose alliance Henry valued the most, was Ferdinand of Arragon, whose vigorous and steady policy, always attended with success, had ren- dered him in many respects the most considerable monarch in Europe. There was also a remarkable similarity of character between these two princes: both were full of craft, intrigue, and design; and though a resemblance of this nature be a slender foun- dation for confidence and amity, where the interests of the parties in the least interfere ; such was the situ- ation of Henry and Ferdinand, that no jealousy ever on any occasion arose between them. The king had now the satisfaction of completing a marriage, (12th November,) which h.ad been projected and negociated during the course of seven years, between Arthur, prince of Wales, and the Infanta Catherine, fourth daughter of Ferdinand and Isabella; he near sixteen years of age, she eighteen. But this marriage proved in the issue unprosperous. The young prince a few months after sickened and died, much regretted by the nation. (2nd April, 1502.) Henry, desirous to continue his alliance with Spain, and also unwilling to restore Catherine's dowry, which was two hundred thousand ducats, obliged his second son, Henry, whom he created prince of Wales, to be contracted to the Infanta. The prince made all the opposition of which a youth of twelve years of age was capable; but as the king persisted in his resolution, the espousals were at length, by means of the pope's dispensation, contracted between the parties : an event which w.os afterwards attended with the most important conse- quences. »26 THK HISTOKV OF ENGLAND. [Chap. XXVI MARRIAGE OF THE PRINCESS MARGARET AVITU THE KING OF SCOTLAND. The same year another marriage was celebrated, which was also in the next age productive of great events: the in.arriage of" Margaret, the king's elder daughter, with J.ames, king of Scotland. Tiiis alli- ance had been negoeiated during three years, though interrupted by sever.al broils; and Henry hoped, from the completion of it, to remove all source of discord with that neighbouring kingdom, by whose animosity England had so often been infested. When this mar- riage was deliberated on in the English council, some objected that England might, by means of that alli- ance, fa',1 under the dominion of Scotland. "No," replied Henry: "Scotland in that event will only be- come an accession to England." 1503. Amidst these prosperous incidents tlie king met with a domes- tic calamity which made not such inipiession on him asitmerited: his queen died in child-bed; (llthFebru- ary ;) and the infiint did not long survive her. This princess was deservedly a favourite of the nation ; and the general affection for her increased, on accoimt of the harsh treatment whicii it was tliought she met with from her consort. The situation of the king's affairs, both at home and abroad, was now in every respect very fortunate. All the efforts of the European princes, both in war and liegociation, were turned to tlie side of Italy ; and the various events which there arose made Henry's alli- ance be courted by every party, yet interested him so little as never to touch him with concern or anxiety. His close connexions with Spain and Scotland ensured his tranquillity ; and his continued success over do- mestic enemies, owing to the prudence and vigour of his conduct, had reduced the people to entire submis- sion and obedience. Uncontrolled, therefore, by ap- prehension or opposition of any kind, he gave full scope to his natural propensity; and avarice, whieli had ever been his ruling passion, being increased by age and encouraged by absolute authority, broke all restraints of shame or justice. He had found two ministers, Enipson aud Dudley, perfectly qualified to second his rapacious and tyrannical inclinations, and to prey upon his defenceless people. These instru- ments of oppression were both lawyers ; the first of mean birth, of brutal manners, of an unrelenting tem- per; the second better born, better educated, and better bred, but equally unjust, severe, and inflexible. By their knowledge in law these men were qualified to pen^ert the forms of justice to the oppression of the innocent ; aud the formidable .authority of the king supported them in all their iniquities. It was their usual practice at first to observe so far the appearance of law as to give indictments to tliose whom they intended to oppress : upon whicli the per- sons were committed to prison, but never brought to trial ; and were at length obliged, in order to recover their liberty, to pay heavy fines and ransoms, which were called mitigations and compositions. By degrees the very appearance of law was neglected : the two ministers sent forth their precepts to attach men, and summon them before themselves and some others, at their private houses, in a court of commission, where, in a summary manner, without trial or jury, arbitrary decrees were issued, both in pleas of the crown, and controversies between private parties. Juries them- selves, when summoned, proved but sm.all security to the subject; being brow-beaten by these oppressors, nay, fiued, imprisoned, and punished, if they gave sen- tence against the inclination of the ministers. The wliole system of the feudal law, which still prevailed, was turned into a sclienie of oppression. Even the king's wards, after they came of age, were not suffered to enter into possession of their lands without p.aying exorbitant fines. Men were also harassed with in- formations of intrusion upon scarce colourable titles. When aji outlawry in a personal action was issued against any man, he was not allowed to purchase his charter of pardon, except on the payment of a great sum; and if he refused the composition required of him, the strict law, which in such cases allows forfei- ture of goods, w;vs rigorously insisted on. Nay, with- out any colour of law, the half of men's lands aud rents were seized during two years, as a penally incase of outlawry. Rut the chief means of oppression em- ployed by these ministers were tlie penal statutes, which, without consideration of rank, qu.ality, or ser- vices, were rigidly put in execution against all meu : spies, informers, and inquisitors, were rewarded and encouraged in every quarter of the kingdom : and no difference was made whether the statute were bene- ficial or hurtful, recent or obsolete, possible or impos- sible to be executed. The sole end of the king and his ministers was to amass money, and bring every one under the lash of their authority. Through the prevalence of such an arbitrary and iniquitous administration, the English, it may safely be afiirmed, were considerable losers by their ancient pri- vileges, which secured them from all taxations, except such as were imposed by theirown consentin parliament. Had the king been empowered to levy general taxes at pleasure, he would naturally have abstained from these oppressive expedients, which destroyed all security in private property, and beg.at an universal diiK- dence throughout the nation. In vain did the people look for protection from the parliament, which waB pretty frequently summoned during this reign. That assembly was so overawed, that, at this very time, (25th January 1504,) during the greatest rage of 1 lenry's oppressions, tlie commons chose Dudley their speaker, the very man who was the chief instrument of his ini- quities. And though the king was known to be im- mensely opulent, and had no pretence of wars or ex- pensive enterprises of any kind, they granted him the subsidy whicli he demanded. Rut so insatiable was his avarice, that next year [1505] he levied a new bene- volence, and renewed that arbitrary and oppressive method of taxation. By all these arts of accumula- tion, joined to a rigid frug.ality in his expense, he so filled his coffers, that he is said to have possessed in ready money the sum of 1,800,000 pounds: a tre.isure almost incredible, if we consider the scarcity of money in those times.* But while Henry was enriching himself by the spoils of his oppressed people, there happened an event abroad which eugaged his attention, and was even the object of his anxiety and concern. Isabella, queen of Castile, died about this time; and it v>-as foreseen, that by this incident the fortunes of Ferdinand, her hus- band, would be much aff.'cted. The king was not only attentive to the fate of his ally, and watchful lest the general system of Europe should be affected by so im- portant an event; he also considered the similarity of Ills own situation with that of Ferdinand, and regarded the issue of these transactions as a precedent for him- self. Joan, the daughter of Ferdinand by Isabella, was married to the archduke Philip, and being in right of her mother heir of Castile, seemed entitled to dispute with Ferdinand the present possession of that king- dom. Henry knew, that notwithstanding his own pre- tensions by the house of Lancaster, the greater part of the nation was convinced of the sujieriority of his wife's title ; and he dreaded lest the prince of Wales, who was daily advancing towards manhood, might be tempted by ambition to lay immediate claim to the crown. By his perpetual attention to dcjiross the par- tisans of the York family, he had more closely united them into one party, and increased their desire of shak- ing off that yoke under which they had so long la- boured, and of taking every advantage whicli his op- • silver WHS, dnrinR this reign, at thirtj'-seven shillings and sixpence poiiiKl, Avhicli makes Henry's tria^uie near three miUioiisoI" our present money, llesides, many commodities liavc become above ihiiccts dear by the inereascof ^'old ana silver in Europe. Atul.what is a eircamstaneeolstill Kreater weight, all other slates were then very poor in comparison of what they are at present. These circumstances make Henry's treasure appear very great ; and uiAyJe^ us to conceive the oppressions of his govemmenti Chap. XXVI.] HENRY Vll. 1485—1509. 327 pressivc goA crnment s)ioul(l give his enemies against liim. And as he possessed no independent force Ulce Ferdinand, and governed a l«s ir]UTies by the violence of the populace. Empson and Dudley, who were most exposed to public hatred, were immediately summoned before the council, in order to answer for their conduct, which had i-endered them so obnoxious. Empson made a shrewd apology for himself, as well as for his .associate. He told the council, that so far from his being justly exposed to censure for his past con- duct, his enemies themselves grounded their clamour on actions which seemed rather to merit reward and approbation : that a strict execution of law was the crime of which he and Dudley were accused ; though that law had been established by general consent, and though they had acted in obedience to tlie kino-, to whom the administration of justice was entrusted by the constitution : that it belonged not to them, who were instruments in tlie hands of supreme power to determine what laws were recent or obsolete, expe- dient or hurtful ; since they were all alike valid, so long as they remained unrepealed by the legislature: that it was natural for a licentious populace to murmur against the restraints of authority; but all wise states had ever made their glory consist in the just distribu- tion of rewards and punishments, and had annexed the former to the observance and enforcement of the laws, the latter to their violation and infraction ; and that a sudden overthrow of all government might be expected, where the judges were committed to the mercy of the criminals, the rulers to that of the subjects. Notwithstanding this defence, Empson and Dudley were sent to the Tower; and soon after brought to their trial. The strict execution of laws, however ob- solete, could never be imputed to them as a crime in a court of judicature; and it is likely that, even where they had exercised arbitrary power, the king, as they had acted by the secret commands of his f;ither, was not milling that their conduct should imdergo too severe a scrutiny. In order, tlierefore, to gratify the people with the punishment of these obnoxious minis- ters, crimes very improbable, or indeed absolutely impossible, were charged upon them; that they had entered into a conspiracy against the sovereign, and had intended, on the death of the late kiug, to have seized by fofce the administration of government The jury were so far moved by popidar prejudices, joined to court influence, as to give a verdict against them ; which was afterwards confirmed by a bill of attainder in parliament,* and at the earnest desire of the people was executed by warrant from the king. Thus, in those arbitrary times, justice was equally violated, whether the king sought power and riches, or courted popularity. • This parliament mct(intlie&]stJanuftr>-, 1510. A law was there enacted, in order to jirevent some atRlsts which had prevailed during the late reipn. 'I'hv IVirfeiture u(x>n the penal statutes ivas reduced t<) the tenn of three vears, Costs and dcmapcs were Kivenafiaiiist informers upoij acquittal of the accused; nioic scicrc puiii\hinLn:s M'erc enacted iiKauist j-crjury: the false inqulsitionti im-.-uri'd hy Kotp*.in and Dudley were declared mil! and invalid. Tniver^w ucrc allon-e^t; and the time uf tendering them enlarged. I Hen. Vlll. c.8 10. 11, 12. 3S2 THE HISTORY OF ENGLAND. [Chap. XXVII. KING'S MARRIAGE. Henry, while lie punished the instruments of past tyranny, had yet such deference to former engagements as to deliberate, inimodiately after his accession, con- cerning the celebration of his marriage with the infanta Catherine, to whom he had been afhanced during his father's lifetime. Ilor former marriage with his brother and the ineiiuality of their years, were the chief objec- tions urged against liis espousing her : but on the other liand, the advantages of her known \irtue, modesty, and sweetness of disposition were insisted on ; the af- fection which she bore to the king; the large dowry to which she was entitled as princess of Wales; the interest of cementing a close alliance with Spain ; the necessity of finding some confederate to counterbaliiuce the power of France ; the expediency of fulfilling the en- gagements of the late king: when these considerations were weighed, they determined the council, though con- triiry to the opinion of the primate, to give Henry their advice for celebrating the marriage. The countess of Richmond, who had concurred in the same sentiments with the council, died soon after the marriage of her graudsou. (June 3.) FOREIGN AFFAIRS. 1510. The popularity of Henry's government, his imdis- puted title, his extensive authority, his large treasures, the tranquillity of his subjects, were circumstances which rendered his domestic administration easy and prosper- ous : the situation of foreign affairs was no less happy and desirable. Italy continued still, as during the late reign, to be the centre of all the wars and uegociations of the European princes ; and Henry's alliance was courted by all parties ; at the same time that he was not engaged by any immediate interest or necessity to take part with any. Louis XII. of France, after his eonqnest of Milan, was the only great prince that pos- sessed any territory in Italy; and could he have re- mained in tranquillity, he was enabled by his situation to prescribe laws to all the Italian princes and repub- lics, and to hold the balance among them. But the de- Bire of making a conquest of Naples, to which he had the same title or pretensions with his predecessor, still engaged him in new enterprises ; and as he foresaw op- position from Ferdinand, who was connected both by treaties and affinity with Frederic of Naples, he en- deavoured by the offers of interest, to wliich the ears of that monarch were ever open, to engage him in an opposite confederacy. He settled with him a plan for the partition of the kingdom of Naples, and the expul- sion of Frederic : a plan which the politicians of that age regarded as the most egregious imprudence in the French monarch, and the greatest perfidy in the Spanish. Frederic, supported only by subjects who were either discontented with hisgovernment, or indif- ferent about his fortunes, was unable to resist so power- ful a confederacy, and was deprived of his dominions : but he had the satisfaction to see Naples immediately prove the source of contention among his enemies. Ferdinand gave secret orders to his general, Gonsalvo, whom the Spaniards honour with the appellation of the great captain, to attack t!ie armies of France, and make himself master of all the dominions of Naples. Gonsalvo prevailed in every enterprise, defeated the French in two pitched battles, and insured to his prince the entire possession of that kingdom. Louis, unable toprocure redress by force of arms, was obliged to enter into a fruitless negociation with Ferdinand for the re- covery of his share of the partition ; and all Italy dur- ing some time was held in suspense between these two powerful monarchs. There has scarcely been any period when the balance of jiowcr was better secured in Europe, and seemed more able to maintain itself without any an.xious con- cern or attention of the princes. Several great mon- archies were established ; and no one so far surpassed Uie rest as to give any foundation or even pretence for jealousy. England was united in domestic peace, and by its situation happily secured from the invasion of foreigners. The coalition of the several kingdoms of Spain had formed one powerful monarchy, which For dinand administered with arts, fraudulent indeed and deceitful, but full of vigour and abihty. Louis XII., a gallant and generous prince, had, by espousing Anne of liritanny, widow to his predecessor, preserved the union with that principality, on which the safety of hia kingdom so much depended. Maximilian, the emperor, besides the hereditary dominions of the Austrian fa- mily, maintained authority in the empire; and, notwith- standing the levity of his character, was able to unite the German princes in any great plan of interest, at least of defence. Charles, prince of Castile, grandson to Maximilian and Ferdinand, had already succeeded to the rich dominions of the house of Burgundy ; and being as yet in early youth, the government was en- trusted to Margaret of Savoy, his aunt, a princess en- dowed with signal pi-udence and virtue. The internal force of these several powerful states, by balancing each other, might long have maintained general tranquillity, had not the active .and enterprising genius of Julius II., an ambitious pontiff, first excited the flames of war and discord among them. LEAGUE OF CAMBRAY. By his intrigues, a league had been formed at Cam- bray between himself, Maximilian, Louis, and Ferdi- nand ; and the object of this great confederacy wiis to overwhelm, by their united arms, the commonwealth of Venice. Henry, without any motive from interest or passion, allowed liis name to be inserted in the con- federacy. This oppressive and iniquitous league was but too successful against the repubUc. The great force and secure situation of the consider- able monarchies prevented any one from aspiring to any conquest of moment ; and though this consideration could not maintain general peace, or remedy the na- tural inquietude of men, it rendered the princes of this age more disposed to desert engagements, and change their alliances, in which they were retained by humour and caprice, rather than by any natural or durable in- terest. Julius had no soouer humbled the Venetian republic, than he was inspired with a nobler ambition, that of expelling all foreigners from Italy, or, to speak in the style aftected by the Italians of that age, the freeing of that country entirely from the dominion of barbarians. He was determined to make the tempest fall first upon Louis ; and, in order to pave the way for this great enterprise, he at once sought for a ground of quarrel with the monarch, and courted the aUiancc of other priuces. He declared war against the duke of Ferrara, the confederate of Louis. He solicited the favour of England, by sending Henry a sacred rose, per- fumed with musk, and anointed with chrism. He engaged in his interests Bambi'idge, archbishop of York, and Henry's ambassador at Rome, whom he soon after created a cardinal. He drew over Ferdinand to his party, though that monarch at first made no declaration of his intentions. And, what he chiefly valued, he formed a treaty with the Swiss cantons, who, ennaged by some neglects put upon them by Louis, accompanied with contumelious expressions, had quitted the alliance of France, and waited for an opportunity of revenging themselves on that nation. 1511. While the French monarch repelled the at- t-acks of his enemies, he thought it also requisite to makean attempt on thepopehimself, and to despoil him as much as possible of that sacred character wliich chiefly rendered him formidable. He engaged some cardinals, disgusted with the violence of Julius, to de- sert him; and by their authority, he was determined, in conjunction witli Maximihan, who still adhered to his alliance, to call a general council, which might re- form the church, and check the exorbitancies of the Roman pontift'. A council was summoned at Pisa I which from the beginning bore a very inauspicious os. Chai-. XXVII.] HENRY VIII. 1509—1547. 33.3 pect, and promised little success to its adherents. Ex- cept a few French bishops, who unwillingly obeyed tliL'ir king's commands in atti-nding the council, all the otlicr prelates kept aloof from an assembly which they re- garded as the offspring of faction, intrigue, and worldly politics. Even Pisa, the place of their residence, showed them signs of contempt ; wliich engaged them to trans- fer their session to Milan, a city under the dominion of the French monarch. Notwithstanding this advantage, they did not experience much more respectful treat- ment from the inhabitants of Milan ; and found it ne- cessary to make another remove to Lyons. Louis liimself fortified these ^•iolent prejudices in favour of papal authority, by the symptoms which he discovered of regard, deference, and submission to Julius, whom he always spared, even when fortune had thrown into his hands the most inviting opportunities of humbling Ivim. And as it was known that his consort, who had great influence over him, was extremely disquieted in mind on account of his dissensions with the holy father, all men prognosticated to Julius final success in this unequal contest. The enterprising pontiff knew his advantages, and availed himself of them with the utmost temerity and insolence. So much had he neglected his sacerdotal character, that he acted in person at the siege of Miran- dohi, visited the trenches, saw some of liis attendants killed by his side, and, hke a young soldier, cheerfully bore all the rigours of winter and a severe season, in pursuit of military glory: yet was he still able to throw, even on his most moderate opponents, the charge of impiety and profaneness. He summoned a council at the Latoran : he put Pisa under an interdict, and all the places which gave shelter to the schisma- tical council : he excommunicated the cardinals and prelates who attended it : he even pointed his spiritual thunder against the princes who adhered to it : he freed their subjects from all oaths of allegiance, and gave their dominions to every one who could take possession of them . Ferdinand of Arragon, who had acquired the su'name of Catholic, regarded the cause of the pope and of re- ligion ouly as a cover to his ambition and selfish poli- tics : llenry, naturally sincere and sanguine in his tem- per, and the more so on account of his youth and inex- perience, was moved with a hearty desire of protecting the pope from the oppression to which he believed him exposed from the ambitious enterprises of Louis. Hopes had been given him by Julius, that the title of Most Christian King, which had hitherto been annexed to the crown of France, and which was regarded as its most precious ornament, should, in reward of his ser- vices, be transferred to that of England. Impatient ftlso of acquiring that distinction in Europe to which his power and opulence entitled him, he could not long remain neuter amidst the noise of arms ; and the na- tural enmity of the EngUsh against France, as well as their ancient claims upon that kingdom, led Henry to join that alliance, which the pope, Spain, and Venice had formed against the French monarch. A herald was sent to Paris, to exhort Louis not to wage impious war against the sovereign pontiff; and when he re- turned without success, another was sent to demand the ancient jiatrimonial proWnces, Anjon, Maine, Gui- enne, and Normandy. This message was understood to be a declaration of war ; and a parliament being sum- moned, readily granted supplies for a purpose so much fevoured by the English nation. WAR WITH FRANCE. February 4, 1512. Buonariso, an agent of the pope's at London, had been corrupted by the court of France, and had pre- viously revealed to Louis all the measures which Henry was concerting against him. But this infidelity did the king inconsiderable prejudice, in comparison of the treachery which he experienced from the selfish pnr- poiies of the ally on whom he chiefly rehed for assist- ance. Ferdinand, his fa.her-in-law, had so long perse- vered in a course of crooked politics, that he began even to value liimself on his dexterity in fraud and artifice: and he made a boast of those shameful suc- cesses. Being told one day, that Louis, a prince of a very diftcrent character, had complained of his having once cheated him, "He lies, the drunkard !" said he; "1 have cheated him above twenty times." This prince considered his close connexion with Henry only a:>the means which enabled him the better to take advantage of his want of experience. He advised him not to in- vade France by the way of C'ahiis, where he himself should not have it in his po%ver to assist him : he ex- horted him rather to send forces to Fontarabia, whence he could easily make a conquest of Guienne, a province in which it was imagined the English had still some ad- herents. He promised to assist this conquest by the junction of a Spanish army. And so forward did he seem to promote the interests of his son-in-law, that he even sent vessels to England, in order to transport over the forces which Henry had levied for that purpose. The Marquis of Dorset commanded this armament, wliich consisted of ten thousand men, mostly infantry; lord Howard, son of the earl of SuiTcy, lord Broke, lord Ferrars, and many others of the young gentry and no- bility, accompanied him in tliis service. All were on fire to distinguish themselves in military achievements, and to make a conquest of importance for their master. The secret purpose of Ferdinand, in tliis unexampled generosity, was suspected by nobody. The small kingdom of Navarre lies on the frontiers between France and Spain ; and as John d'Albert the sovereign was connected by friendship and alliance with Louis, the opportunity seemed favourable to Ferdinand, while the English forces were conjoined with his own, and while all adherents to the council of Pisa lay under the sentence of excommunication, to put himself in pos- session of these dominions. No sooner, therefore, was Dorset landed in Guipiscoa, than the Spanish monarch declared his readiness to join him with his forces, tomako with united arms an invasion of France, and to form the siege of Bayonne, which opened the way into Gui- enne : but he remarked to the English general how dangerous it might prove to leave behind them the king- dom of N.av.irre, which, being in close alliance with France, could easily give admittance to the enemy, and cut off all communication between Spain and the com- bined armies. To provide against so dangeroiLS an event, he required, that John should stipulate a neutrality in the present war ; and when that prince expressed his willingness to enter into any engagement for that pur- pose, he also required, that security should be given for the observance of it. John having likewise agreed to this condition, Ferdinand demanded, that he should deliver into his hands six of the most considerable places of his dominions, together with his eldest sou as a hostage. These were not terms to be proposed to a sovereign ; and as the Spanish monarch expected a refusal, he gave immediate orders to the duke of Alva, his general, to make an invasion on Navarre, and to reduce that king- dom. Alva soon made himself master of all the smaller towns ; and being ready to form the siege of Pampe- luna, the capital, he summoned the marquis of Dorset to join him with the English army, and concert together all their operations. DECEIT OF FERDINAND. Dorset began to suspect, that the interests of liis master were very little regarded in all these transac- tions; and having no orders to invade the kingdom of Navarre, or make war anywhere but in France, he re- fused to take any part in tlie enterprise. He remiiined therefore in his quarters at Fontarabia ; but so subtle w;is the contrivance of Ferdinand, that, even wliile the Enghsh army Lay in that situation, it was almost equally serviceable to his purpose, as if it had acted iu conjunction with his own. It kept the French army 884 THE HISTORY OF ENGLAND. Chap, XXVII ill awe, and prevented it fi'om advancing to succour the kingdom of Navarre; so tliat Alva, having full leisure to conduct the siege, made himself master of Pam))eluna, and obliged Jolin to seek for shelter in France. The Spanish general applied again to Dorset, and proposed to conduct with united counsels the ope- rations of the hnly leatiue, so it was called, against Louis: hut as lie still diclined forming the siege of Ba- younc, and rather insisted on the invasion of the princi- pality of Bcarne, a part of the king of Navarre's do- minions, which lies on the French side of the Pyrenees, Dorset, justly susiiicious of his sinister intentions, re- presented, that, M'ithout new orders from his nuister, he could not concur in such an undertaking. In order to procure these orders, Ferdinand despatched Martin de Ampios to London ; and persuaded Henry, that,ljy tlie refractory and scrupulous liuniour of the English gene- ral, the most favourable opportunities were lost, and that it was necessary he should, on all occasions, act in concert with the Spanish commander, who was best acquainted witli the situation of the country, and the reasons of every operation. But before orders to this purpose reached Spain, Dorset had become extremely impatient; and ohseiTing that his further stay served not to]n'oniote the main undertaking, and that liis army was daily perishing by want and sickness, he demanded shipping from Ferdinand to transport them back into England. Ferdinand, who was bound by treaty to furnish him witli this supply, whenever demanded, was at length, after nuiny delays, obliged to yield to his importunity ; and Dorset, embarking his troops, prepared liimself for the voyage. Meanwhile the messenger arrived with orders from Henry, that the troops should remain in Spain ; but the soldiers were so discontented with tlie treatment which they had met with, that they mutinied, and obliged their commanders to set sail for England. Henry was much displeased with the ill success of this enterprise ; and it was with difficulty that Dorset, by explaining the fraudulent conduct of Ferdinand, was at last able to appease him. There happened this summer an action at sea, which brought not any more decisive advantage to the English. Sir Thomas Knevet, master of horse, was sent to the coast of Britanny with a ileet of forty-five sail ; and he carried with him sir Charles Brandon, sir John Carcw, and many other young courtiers, who longed for an opportunity of displaying their valour. After tliey had committed some depredations, a French fleei. of thirty-nine sail issued from Brest, under the command of Primauget, and began an engagement with the English. Fire seized the ship of Primauget, who, finding his destruction inevitable, bore down upon the vessel of tlie English admiral, and grappling with her, resolved to make her share his fate. Both fleets stood some time in suspense, as spectators of this dreadful engagement, and all men saw with horror the flames which consmned both vessels, and heard the ci'ies of fury and despair, which came from the miser- able combatants. At last, the French vessel blew np : and at the same time destroyed the English. The rest of the French fleet made their escape into different harbours. The war which England waged against France, though it brought no advantage to the former king- dom, was of great prejudice to the latter ; and by obliging Louis to withdraw his forces for the defence of his own dominions, lost him that superiority, which his arms, in the beginning of the campaign, had at- tained in Italy. Gaston de Foix, his nephew, a young hero, had been entrusted with the command of the French forces ; and in a few months performed such feats of military art and prowess, as were sufK- cient to render illustrious the life of the oldest captain. His career finished with the great battle of Ravenna, ■which after the most obstinate conflict, he gained over the Spanish and papal armies. He perished the very moment his victory was complete ; and with him peiTslied the fortime of the French arms in Italy. The Swiss, who had rendered themselves extremely formidable by their hands of disciplined infantry, in- vaded the Milanese Trith a numerous army, and raised up that inconstant people to a revolt against the do- minion of France. Genoa followed the example of the duchy ; and thus Louis, in a few weeks, entirely lost his Italian conquests, excejit some garrisons ; and Maximilian Sforza, the son of Ludovic, was reinstated in possession of ililan. [1513.] Julius discovered extreme joy on the discomfiture of the French ; and the more so, as he had been beholden for it to the Swiss, a people whose councils, he hoped, he should always be able to influence and govern. The pontiiF survived this success a very little time ; and in his place was chosen (ilst February) John de Medicis, who took the appellation of Leo X., and proved one of the most illustrious princes that ever sat on the papal throne. Humane, beneficent, generous, affable ; the patron of every art, and friend of every virtue ; he had a soul no less capable of forming great designs than his predecessor, but was more gentle, pliant, and artful in employing means for the execution of them. The sole defect, indeed, of his character, was too great finesse and artifice ; a fault which, both as a priest and an Italian, it was difficult for him to avoid. By the negociations of Leo, the emperor JIaximilian was detached from the French interest ; and Henry, notwithstanding his disapjioint- ments in the former campaign, was still encouraged to prosecute his warlike measures against Louis. A PARLIAMENT. Henry had summoned a new session of parliament,* and obtained a supply for his enterprise. It was a poll-tax, and imposed dift'erent sums according to the station and riches of the person. A duke paid ten marks, an earl five pounds, a baron four pounds, a knight four marks ; every man valued at eight hun- dred pounds in goods, four marks. An imposition was also granted of two-fifteenths and four tenths. By these supplies, joined to the treasure which had been left by his father, and which was not yet entirely dissi- j>ated, he was enabled to levy a great anny,and render himself formidable to his enemy. The English are said to have been much encouraged in this enteiprise, by the ari'ival of a vessel in the Thames, under the papal banner. It carried presents of wine and hams to the king, and the more eminent courtiers ; and such fond devotion was at that time entertained towards the court of Rome, that these trivial presents were everywhere received with the greatest triumph and exultation. In order to prevent all disturbances fiom Scotland, while Henry's arms should be employed on the conti- nent. Dr. West, dean of Windsor, was dispatched on an embassy to James, the king's brother-in-law ; and instructions were given him to accommodate all differ- ences between the kingdoms, as well as to discover the intentions of the court of Scotland. Some complaints had already been made on both sides. One Barton, a Scotchman, having suffered injurious from the Portu- guese, for which he could obtain no redress, had pro- cured letters of marque against that nation ; but he had no sooner put to sea, than he was guilty of the grossest abuses, committed depredations upon the English, and much infested the narrow seas. Lord Howard and sir Edward Howard, admirals and sons of the carl of Surrey, sailing out against liim, fmight him in a desperate action, whore the pirate was killed ; and they brought his ships into the Thames. As Henry refused all satisfaction for this act of justice, some of the borderers, who wanted but a pretence for depreda- tions, entered England under Uie command of lord Hume, warden of the marches, and committed great ravages on that kingdom. Notwithstanding these mil- 40) NovembiT, iSlJi. Chai XXVII.] HENRY VII J. 1609-1547. 335 iual grounds of dissatisfaction, matters might easily havi! been accommodated, had it not been for Henry's intended invasion of France, wliich roused tlic jealousy of tlio Scottish nation. The ancient league, which subsisted between France and Scotland, was conceived to be the strongest band of connexion ; and the Scots universally believed, that, were it not for the counte- nance which they received from this foreign alliance, they had never been able so long to maintain their iu- {lej)endince against a people so much superior. James was further incited to take part in the quarrel by the invitations of Anne, queen of France, whose knight ho had ever in all tournaments professed himself, and who summoned him, according to the ideas of romantic pallantry prevalent in that age, to take the field in her defence, and prove himself her true and valorous cham- pion. The remonstrances of his consort and of his wisest counsellors were in vain opposed to the martial ardour of this prince. He first sent a squadron of ships to the assistance of France ; the only fleet whieli Scotland seems ever to have possessed. And though ho still made professions of maintaining a neutrality, the English ambassador easily foresaw, that a war would in the end prove inevitable ; and he gave warn- ing of the danger to his master, who sent the carl of SuiTey to put the borders in a posture of defence, and to resist the expected invasion of the enemy. Henr)', all on fire for mihtary fame, was little dis- couraged by this ai)pearance of a diversion from the north ; and so much the less, as he flattered himself with the assistance of all the considerable potentates of Europe in his invasion of France. The pope still continued to thunder out his excommunications against Louis, and all the adherents of the schismatical coun- cil : the Swiss cantons made professions of violent ani- mosity against France : the ambassadors of Ferdinand and Maximilian had signed with those of Henry a treaty of alliance against that power, and had stipu- lated the time and place of their intended invasion : and thoiigh Ferdinand disavowed his ambassador, and even signed a truce for a twelvemonth with the com- mon enemy ; Henry was not yet fully convinced of his selfish and sinister intentions, and still hoped for his concurrence after the expiration of that term. He had now got a minister who complied with all his incli- nations, and flattered liim in every scheme to which his sanguine and impetuous temper was inclined. WOLSEY MINISTER. Thomas Wolsey, dean of Lincoln, and almoner to the king, surpassed in favour all his ministers, and was fast advancing towards that unrivalled grandeur which he afterw.ards attained. This man was son of a butcher at Ipswich ; but having got a learned education, and being endowed with an excellent capacity, he was ad- mitted into the marquis of Dorset's family as tutor to th.it nobleman's children, and soon gained the friend- ship and countenance of his patron. He was recom- mended to be chaplain to Henry VIL, and being employed by that monarch in a secret negociation, which regarded his intended marriage with Margaret of Savoy, Maximilian's daughter, he acquitted himself to the king's satisfaction, and obtained the praise both of diligence and dexterity in his conduct. That prince hiiving given him a commission to Maximilian, who at that time resided in Brussels, Avas surprised in less than three days after, to see Wolsey present him- self before him ; and supposing that he had protracted lus departure, he began to reprove him for the dilatory execution of his orders. Wolsey informed him, that he had just returned from Brussels, and had success- fully fulfilled all his m.ijesty's commands. " But on second thoughts," said the long, " I found that some- what was omitted in your orders ; and h.ave sent a messenger after you with fuller instructions." " I met the messenger," replied Wolsey, " on my return ; but OS I had reflected on that omission, I ventured of my- self to execute what, I knew, must be your majesty's intentions." The death of Henry, soon after this incident, retarded the advancement of Wolsey, and j)revented his reaping any advantage from the good opinion which that monarch had entertained of him : but thenceforwards he was looked on at court as a risiifg man ; and Fo.x, bishop of Winchester, cast his eyes njion him as one who might be ser\'iceable to him iu his present situation. This prelate observing that the earl of Surrey had totally echpsed him in favour, re- solved to introduce Wolsey to the young prince's familiarity, and hoped that he might rival Surrey in his insinuating arts, and yet be contented to act in the cabinet a part subordinate to Fox himself, who had promoted him. In a httle time, Wolsey gained so much on the king, that he supplanted both Surrey iu his favour, and Fox in his trust and confidence. Being admitted to Henry's parties of pleasure, he took tlie lead in every jovial conversation, and promoted all that frolic and entertainment which he found suitable to the age and inclination of the young monarch. Neither his own years, which were near forty, nor his character of a clergyman, were any restraint upon him, or engaged him to check, by any useless severity, the gaiety in which Henry, who had small propension to debauchery, passed his careless hours. During the intervals of amusement he introduced business, and insinuated those maxims of conduct which he was desirous his master should adopt. He observed to him, that, while he entrusted his affairs into the hands of his father's counsellors, he had the advantage in- deed of emj)loyiug men of wisdom and experience, but men who owed not their promotion to his fiivour, and who scarcely thought themselves accountable to him for the exercise of their authority : that by the fac- tions, and cabals, and jealousies, which had long pre- vailed amongst them, they more obstructed the ad- vancement of his affairs, than they promoted it by the knowledge which age and practice had conferred upon them : that while he thought proper to pass his time in those pleasures, to which his age and royal fortune invited him, and in those studies, which would in time enable him to sway the sceptre with absolute autho- rity, his best system of government would be to entrust his authority into the hands of some one person, who was the creature of his will, and who could entertain no view but that of promoting his serNice ; and that if this minister had also the same relish for pleasure with himself, and the same taste for science, he could more easily, at intervals, account to him for his whole con- duct, and introduce his master gradually into the knowledge of pubUc business ; and thus, without te- dious constraint or apphcation, initiate him in the science of government. Henry entered into all the views of Wolsey ; and finding no one so capable of executing this plan of ad- ministration as the person who proposed it, he soon advanced his favourite, from being the companion of his pleasures, to be a member of his council ; and from being a member of his council, to be his sole and abso- lute minister. By this rapid advancement and imcon • trolled authority, the character and genius of Wolsey had full opportunity to display itself. Insatiable in his acquisitions, but still more magnificent in his expense ; of extensive capacity, but still more imbounded enter- prise ; ambitions of power, but still more desirous of glory ; insinuating, engaging, persuasive ; and by turns, lofty, elev.ated, commanding ; haughty to Ins equals, but affable to his dependents ; oppressive to the ])eo- ple, but liberal to his friends ; more generous than grateful ; less moved by injuries than by contempt ; he was framed to take the ascendant in every interconise with others, but exerted this superiority of nature with such ostentation as exposed him to envy, and ra,ade every one willing to recall the original infeiiority, or rather meanness of \ns fortune. The branch of administration in whidi Henry most exerted himself, while he gave his entire confidence to 336 THE HISTORY OF ENGLAND. [Chap. XXVII Wolsev, was tlie iiiilitary, wliicli, as it suited tlie natu- ral galiaiitiy and biavoiy of his temper, as well as the ardour of iiis youth, was the principal object of his nttention. Finding that Louis had made great prepa- rations both by sea and land to resist him, he was no less careful to" levy a formidable army, and equip a considerable fleet for the invasion of France. Tlie command of the fleet was entrusted to sir Edward Howard ; who, after scouring the Channel for some time, presented himself before Brest, where the French navy then lay ; and he challenged them to a combat. The French admiral, who expected from the Mediter- ranean a re-enforcement of some galleys under the com- mand of Prejeant de Bidoux, kept within the harbour, and saw with patience the English burn and destroy the country in the neighbourhood. At last, Prejeant arrived with si.\ galleys, aud put into Conquet, (25th April,) a place within a" few leagues of Brest : where he secured himself behind some batteries, which he had planted on rocks that lay on each side of him. Howard was, notwithstanding, determined to make an attack upon him ; and as he had but two galleys, he took himself the command of one, and gave the other to lord Ferrars. lie was followed by some row-barges, aud some crayers under the command of sir Thomas Chey- ney, sir Svilliam Sidney, and other officers of distinc- tion. He immediately fastened on Prejeant's ship, and leaped on board of her, attended by one Carroz, a Spanish cavalier, and seventeen EngUshmen. The cable, meanwlule, which fastened his ship to that of the enemy, being cut, the admiral was thus left in the hands of the French ; and as he still continued the combat with great gallantry, he was pushed overboard by their pikes.* Lord Ferrars, seeing the admiral's galley fall off, followed with the other small vessels ; and the whole fleet was so discouraged by the loss of their commander that they retired from before Brest. The French navy came out of harbour, and even ventured to invade the coast of Sussex. They were repulsed, and Prejeant, their commander, lost an eye by the shot of an arrow. Lord Howard, brother to the deceased admiral, succeeded to the command of the English fleet ; and httle memorable passed at sea, during this summer. Great preparations had been making at land, during the whole winter, for an invasion on France by the way of Calais ; but the summer was well advanced before everything was in suflicient readiness for the intended enterprise. The long peace which the king- dom had enjoyed, had somewhat unfitted the English for military expeditions ; and the great change which had lately been introduced in the art of war, had ren- dered it still more difflcult to enure them to the use of the weapons now employed in action. The Swiss, and after them the Spaniards, had shown the advantage of a stable infantry, who fought with pike and sword, and were able to repulse even the heavy-armed cavalry, in which the great force of the armies formerly consisted. The practice of fire-arms was become common ; though the caliver, which was the weapon now in use, was so inconvenient, aud attended with so many disadvan- tages, that it had not entirely discredited the bow, a weapon in which the English excelled all European nations. A consider.ible part of the forces, which tienry levied for the invasion of France, consisted of archers ; and as soon as aff'airs were in readiness, the vanguard of the army, amounting to 8000 men, under the command of the earl of Shrewsbury, sailed over to Calais. Shrewsbury was accompanied by the earl of Deroy, the lords Fitzwater, Hastings, Cobham, and sir Rice ap Thomas, captain of the light-horse. Another body of GOOO men soon after followed under the com- mand of lord Herbert, the chamberlain, attended by the earls of Northumberland aud Kent, the lords Aud- » It was a maxim of Hoivard's, that no admi/al was Rfiod for anything that was nnt even brave to a degree nf madness. As the scaseivice lequirea inueh le^s plan and contrivance and capacity than the land, this maxim has rreat iilaiisibility and appearar :e of truth ; though the fate of Howard himself may ser\'e aa a pri>nf, that ever '.^eir courage ought to be tempered with dis- i^etiou. ley and Delawar, together with Cai-ew, Curson, and other gentlemen. The king himself prepared to follow with the main body and rear of the army ; and he appointed the (pieen regent of the kingdom dining his absence. That he might secure her administration from all dis- turbance, lie ordered Edmond de la Pole, earl of SnfTolk, to be beheaded in the Tower, the nobleman who had been attainted and imprisoned during the late reign. Henry was led to commit this act of violence by the dying commands, as is imagined, of his father, who told liini, that he never would be fieo from danger, while a man of so turbulent a disposition as Sufibllc was alive. And as Richard de la Pole, brother of Suffolk, had accepted of a command in the French service, aud foolishly attempted to revive the York faction, aud to instigate them against the present go- vernment, he probably, by that means, drew more sud- denly the king's vengeance on this unhappy nobleman. INVASION OF FRANCE. At last Henry, attended by the duke of Buckingham, and many others of the nobility, arrived at Calais (30th June,) and entered upon his French expedition, from which he fondly expected so much success and glory. Of .all those allies on whose assistance he relied, the Swiss alone fully performed their engagements. Being put in motion by a sum of money sent tlieni by Henry, .and incited by their victories obtained in Italy, and by their animosity against France, they were preparing to enter that kingdom with an army of twenty-five tlnui- sand men ; and no equal force could be opposed to their incursion. Maximilian had received an .advance of 120,000 crowns from Henry, and had jironiised to re-enforce the Swiss with 8,000 men ; but failed in his engagements. That he might make atonement to the king, he himself appeared in the Low Countries, and joined the English army with some German and Flem- ish soldiers, who were useful in giving an example of discipline to Henry's new-levied forces. Observing the disposition of the English monarch to be more bent on glory than on interest, he enlisted himself in his service, wore the cross of St. George, and received p.ay, an hundred crowns a day, as one of his subjects and captains. But while he exhibited this extraordi- nary spectacle, of an emperor of Germany serving under a king of England, he was treated with the highest respect by Henry, and really directed all the operations of the English army. Before the arrival of Henry and Maximilian in the camp, the eiirl of Shrewsbury and lord Herbert had formed the siege of TeroUane, a town situati^d on the frontiers of Picardy ; and they began to attIeasure the critical time whicli, during the absenco of his enemy, he should have employed in pushing his conquests. His troops, lying in a barren country, where they soon consumed all the provisions, began to bo pinclied with hunger; and, as the authority of the prince was feeble, and military discipline, during that age, extremely relaxed, many of them had stolen from the camp, and retired homewards. Jleanwhile the earl of Surrey, having collected a force of 26,000 men, of which 5000 had been sent over from the king's army in France, marched to the defence of the country, and approached the Scots, who lay on some high ground near the hills of Cheviot. The river Till rah between the armies, and prevented .an engagement : Surrey, therefore, sent a herald to the Scottish camp, ch.allonging the enemy to descend into the plain of Milfield, which lay towards the south ; and there, ap- pointing a day for the combat, to try their valour on equal ground. As he received no satisfactory answer, he made a feint of marching towards Berwick ; as if ha intended to enter Scotland, to lay waste the borders, and cut oft' the provisions of the enemy. The Scottish army, in order to prevent his purpose, put tlieniselres in motion; and having set fire to the huts in which they had quartered, they descended from the hills. Surrey, taking advantage of the smoke, which was blown towards him, .and which concealed his move- ments, pa.ssed the Till with his artillery and van-guard at the bridge of Twisel, and sent the rest of his army to seek a ford higher up the river. BATTLE OF FLOUDEN. Sept. 0. An engagement was now become inevitable, and both sides prepared for it with tranquillity and order. Tlie English divided their army into two lines : lord Howard led the main body of the first line, sir Edmond Howard the right wing, sir Marmadukc Constable the left. The earl of Surrey, himself, commanded tho main body of the second line, lord D.aeres the right wing, sir Edward Stanley the left. The front of tho Scots presented three divisions to the enemy : tho middle w.as led by the king himself : the right by the earl of Huntley, .assisted by lord Hume : the left by the earls of Lenox and Argyle. A fourth division, under the earl of Bothwel, made a body of reserve. Huntley began the battle; and after .a sharp conflict put to flight the left wing of the English, and chased them oft" the field : but, on returning from the pursuit, he found the whole Scottish army in great disorder. The division imdor Lenox and Argyle, elated with tho success of the other wing, had broken their ranks, and, notwithstanding the remonstrances and entreaties of La .Motto, the French ambassador, had rushed head- long upon the enemy. Not only sir Edmond How.ard, 2X 338 THE HISTORY OF ENGLAND. [Chap. XXVII nt the liead of liis division, received them witli great valour, but Dacrcs, wlio commanded in the second line, ■wheeling about during tlie action, fell ui)on their real-, and put them to the sword without resistance. The division under James, and that under Bothwel, ani- mated by the valour of their leaders, still made hc;Kl against the English, and throwing themselves into a circle, protracted the action, till night separated the combatants. The victory seemed yet undecided, and the numbers that fell ou each side were nearly equal, amounting to above 5000 men : but the morning dis- covered where the advantage lay. The English had lost ouly persons of small note ; but the flower of the Scottish nobility had fallen in battle, aud their king himself, after the most diligent inquiry, could nowhere be found. In searching the field, the English met with a dead body which resembled him, and was an-ayed in a similar habit ; and they put it in a leaden coffin and sent it to London. During some time it was kept unburied ; because James died under sentence of excommunication, on account of his confederacy with France, and his opposition to the holy see : but, upon Henry's application, who pretended that this piince had, in the instant before his death, discovered signs of repentance, absolution was given him, and his body was interred. The Scots, however, still asserted th.at it was not James's body which was found on the field of battle, but that of one Elphinstonp, who had been arrayed in arms resembling their king's, in order to divide the attention of the English, and share the danger with his master. It was believed that James had been seen crossing the Tweed at Kelso ; and some inuigined that he had been killed by the vassals of loid Hume, whom that nobleman had instigated to commit so enormous a crime. But the populace entertained the opinion that he was still alive, and, having secretly gone in pilgrimage to the Holy Land, would soon return and take possession of the throne. This fond conceit was long entertained among the Scots. The king of Scotland aud most of his chief nobles being slain in the field of Flouden, so this battle was called, an inviting opportunity was ofl'ered to Henry of gaining advantages over that Idngdom, perhaps of reducing it to subjection. But he discovered, on this occasion, a mind truly great and generous. When the queen of Scotland, Alargaret, who was created regent during the infancy of her son, applied for peace, he readily granted it ; and took compassion of the help- less condition of his sister and nephew. The earl of Surrey, who had gained him so great a victory, was restored to the title of duke of Norfolk, [1514,] which had been forfeited by his father for engaging on the side of Richard III. Lord Howard was honoured with the title of earl of Surrey. Sir Charles Brandon, the king's favourite, whom he had before created viscount Lisle, was now raised to tlie dignity of dnke of Suffolk. Wolsey, who was both his favourite and his minister, was created bishop of Lincoln. Lord Herbert ob- tained the title of earl of Worcester : sir Edward Stanley that of lord Slonteagle. Though peace with Scotland gave Henry security on that side, and enabled hiui to prosecute, in tranquillity, his enter?rise against France, some other incidents had happened, which more than counterbalanced this for- tunate event, and served to open his eyes with regard to the rashness of an undertaking into which his youth and high fortune had betrayed him. Louis, fully sensible of the dangerous situation to which his kingdom had been reduced during the former campaign, was resolved, by every expedient, to prevent the return of like perils, and to break the confederacy of his enemies. The pope was nowise disposed to push the French to extremity ; and, provided they did not return to take possession of Milan, his interests rather led him to preserve the balance among the contending parties. He accepted, therefore, of Lo\iis's offer to renounce the council of Lyons ; and he took off the excommunication which his predecessor and himself had fulminated against that king and his kingdom. Feidinand was now fast declining in years ; and as he entertained no further ambition than that of keeping possession of Navarre, which he had subdued by his arms and policy, he readily hearkened to the propo- sals of Louis for prolonging the truce another year; and he even showed an inclination of forming a more intimate connexion with that monarch. Louis had drojiped hints of his intention to marry his second daughter, Ren^e, either to Charles, prince of Spain, or his brother Ferdinand, both of them grandsons of the Spanish monarch ; and he declared Ids resolution of bestowing on her, as her portion, his claim to the duchy of Milan. Ferdinand not only embraced these proposals with joy, but also engaged the emperor, Ma.'cimilian, in the same views, aud procured his acces- sion to a treaty, which opened so inviting a prospect of aggrandizing their common grandchildren. When Henry was informed of Ferdinand's renewal of the truce with Louis, be fell into a violent rage, and loudly complained, that his father-in-law had first, by high promises and profession, engaged him in enmity with France, aud afterwards, without giving him the least warning, had now again sacrificed his interests to his own selfish purposes, and had left him exposed alone to all the danger and expense of the war. In proportion to his easy credulity, aud his unsuspecting reliance on Ferdinand, was the vehemence with which he exclaimed against the treatment which he met with ; and he threatened revenge for this egregious treachery and breach of faith. But he lost all patience when informed of the other negociation by which Maximi- lian was also seduced from his alliance, and in which proposals had been agreed to, for the marriage of the prince of Spain with the daughter of France. Charles, during the lifetime of the late king, had been affianced to Mary, Heni-y's younger sister ; and, as the prince now approached the age of puberty, the king had ex- pected the immediate completion of the marriage, and the honourable settlement of a sister for whom he had entertained a tender affection. Such a complication, therefore, of injuries gave him the highest displeasure, and inspired him with a desire of expiessing his disdain towards those who had imposed on his youth and in- experience, and had abused his too great facility. The duke of Longueville, who had been made pri- soner at the battle of Gninegate, and who was still det.ained in England, was ready to take advantage of all these dispositions of Henry, in order to procure a peace, and even an alliance, which he knew to be pas- sionately desired by his master. He represented to the king that Anne, queen of France, being lately dead, a door was thereby opened for an affinity which might tend to the advantage of both kingdoms, and which would serve to terminate honourably all the dif- ferences between them : that slie had left Louis no male children ; and as he had ever entertained a strong de- sire of having heirs to the crown, no marriage seemed more suitable to him than that with the princess of England, whose youth and beauty afforded the most flattering hopes in that particular : that though the marriage of a princess of sixteen wjth a king of fifty- three might seem unsuitable, yet the other advantages attending the alliance were more than a sufficient com pensation for this inequality; and that Henry, in loosening his connexions with Spain, from which he had never reaped any advantage, would contract a close affinity with Louis, a prince who, through his whole life, had invariably maintained the character of probity and honour. PEACE WITH FRANCE. August 7- As Henry seemed to hearken to this discourse with willing ears, Longueville informed his master of the probability which he discovered of bringing the matter to a happy conclusion ; and he received full powers for negociating the treaty. The articles were easily Chap XXVIIl.J HENRY VIII. 1509—1547. 339 adjusted between the monarehs. Lonis agreed that Tournay sliouW rnmain in the hands of the English ; that Uicliard do hi Pole should be banished to Metz, there to live on a pensiou assigned him by Louis: that Henry should receive payment of a million of crowns, being the arrears due by treaty to his father and him- self; and that the princess Mary should bring four hundred thousand crowns as her portion, and enjoy as large a jointure as any queen of France, even the former, who was heiress of Britanny. The two prin- ces also agreed ox the succours with which they should mutually supply each other, in case either of them were attacked by an enemy. In consequence of this treaty, Mary was sent over to France with a splendid retinue, and Louis met her at Abbeville, (October 9,) where the espousals wore celebrated, lie was enchanted with the beauty, grace, and numerous accomplishments of the young princess ; and, being naturally of an amorous disposition, which his advanced age had not entirely cooled, he was seduced into such a course of gaiety and pleasure, as proved very unsuitable to his declining state of health. He died (1st January, 1515) in less than three months after the marriage, to the extreme regret of the Frencli uation, who, sensible of his tender concern for their welfare, gave him, with one voice, the honourable appellation of father of his people. Francis, duke of Augouleme, a youth of one and twenty, who had married Louis's eldest daughter, suc- I ceeded him on the throne; and by his activity, valour, generosity, and other virtues, gave prognostics of a happy and gloiious reign. This young monarch had been extremely struck with the charms of the English princess; and, even during his predecessor's lifetime, had paid her such assiduous court, as made some of his friends apprehend that he had entertained views of gallantry towards her. But being warned that, by indulging this passion, he might probably exclude him- self from the throne, he forbore all further addresses ; and even watched the young dowager with a very care- ful eye during the first months of her widowhood. Charles Brandon, duke of Sufiblk, was at that time, in the court of France, the most comely personage of Ills time, and the most accomplished in all the exer- cises which were then thought to befit a courtier and a soldier. He was Henry's chief favourite ; and that monarch had even once entertained thoughts of marry- ing him to his sister, and had given indulgence to the mutual passion which took place between them. The queen asked Suftolk, whether be had now the courage, without further reflection to espouse her ? And she told him, that her brother would more easily forgive him for not asking bis consent, than for acting con- . trary to his orders. Suftblk declined not so inviting an offer; and their nuptials were secretly celebrated at Paris. Francis, who was pleased with this marriage, as it prevented Henry from forming any powerful alli- ance, by means of his sister, interposed his good offices in appeasing him : and even Wolsey, having enter- tained no jealousy of Suffolk, who was content to par- ticipate in the king's pleasures, and had no ambition to engage in public business, was active in reconciling the king to his sister and brother-in-law ; and he obtained them permission to return to England. CHAPTER XXVIIL WoUey's Adminisnmtion Scotch Affain •Progress of Francis I JcKlousy of Henry Tournay delivered to Krancc M'olsey appointed I.eKate His ^Ia^ner nf exerciiing that Office Ueath of the Em- peror Maximilian Charles, King of Spain, chosen Emperor Inier- vlexv between Henry and Francis near Calus The Emperor Charles arrives in England .Mediation of Henry Trial and Condemnation uf IhcDukeof Buckingham. W'OLSEY'S ADMINISTRATION. I"' HE numerous enemies whom Wolsey's sudden ■ elevation, his aspiring character, and his h.^um the author here citcay a visit to tho queens, they departed from their respective quarters at the same instant, which was marked by tho firing of a culvcrin ; they passed each other in tlie middle point between the places ; and the moment tliat Henry en- tered Ardres, Fr.ancis put himself into the hands of the English at Guisnes. In order to break oft' this tedious ceremonial, which contained so many dishonourable implications, Francis, one day, took with him two gen- tlemen and a page, and rode directly into Guisnes. The guards were surprised at the presence of the monarch, who called aloud to them. You are all my pri- eo'icrs : carry me to yotir master. Henry was equally astonished at the appearance of Francis ; and taking him in his arms, " My brother," said he, " you have here played me the most agreeable trick in this world, and have showed me the full confidence I may place in you : I surrender myself your prisoner from this mo- ment." He took from his neclc a collar of jiearls, worth 15,000 angels;* and putting it .about Francis's, begged him to wear it for the sake of his prisoner. Francis agreed, but on condition that Henry should wear a bracelet, of which he made liim a present, and which was was double in value to the collar. The king went next day to Ardres, without gu.ards or attendants ; and confidence being now fully established between tho monarclis, they employed the rest of the time entirely in tournaments and festivals. A defiance had been sent by the two kings to each other's court, and tlirough all the chief cities in Europe, importing, that Henry and Fiancis, with fourteen aids, would be ready, in the plains of Picardy, to answer all comers that were gentlemen, at tilt, tournament, and barriers. The mouarchs, in order to fulfil this chal- lenge, advanced into the field on horseback, Francis suriouuded with Henry's guards, and Henry with those of Francis. They were gorgeously apparelled ; and were both of them the most comely personages of their age, as well as the most expert in every military exercise. They carried away the prize at all trials in those rough and dangerous pastimes ; and several horses and riders were overthrown by their vigour and dexterity. The ladies were the judges in these feats of chivah'y, and put an end to the rencounter, when- ever they judged it expedient. Henry erected a spa- cious house of wood and canvass, which had been framed in London ; and he there feasted the French monarch. He had placed a motto on this fabric, under the figure of an English archer embroidered on it, Citi adhicreo prtEcst : He prevails whom I favour ; expressing his own situation as holding in his hands the balance of power among the potentates of Europe. In these enter- tainments, more than in any serious business, did the two kings pass their time, till their departure. Henry paid then a visit to the emperor and Margaret of Savoy at Gravelines, (24th June,) and engaged them to go along with him to Calais, and pass some days in that fortress. The artful and politic Charles here com- pleted the impression which he had begun to make on Henry .and his favourite, and eft'aceJ all the fiiendship to which the frank and generous nature of Francis had given birth. As the house of Austria began sensibly to take the ascendant over the French monarcliy, the interests of England required, that some support should be given to the latter, and, above all, that any impor- tant wars should be prevented, which might bestow on either of them a decisive superiority over the other. But the jealousy of the English against France has usually prevented a cordial union between these na- tions : and Charles, sensible of this hereditary animo- sity , and desirous further to flatter Henry's vanity, had made him an oiler (an oiler in which Francis was after- wards obliged to concur) that he should be entirely * An arRfl was then c6liQi.iUtt at ncvcn shiUintti, or neni CwvIto of OUT ^MTEcnt money. Chav. XXIX.] HENRY Vrri 1509—1047. aw avbitci- ill ;uiy ilUimto or ilifferonce tli.it iiiii;lil arise between tlic monarclis. But tlie masterpiece of Cliarles's politics was tlie securing of Wolsey in liis interests, by very important services, and still liiglier promises. lie renewed assurances of assisting him in obtaining the papacy ; and he put liini in present possession of the revenues belonging tu the sees of ISadajox and Pla- cencia in Castile. The .acquisitions of Wolsey were now become so exorbitant, that, joined to the pensions from foreign powers, which Henry allowed him to possess, his revenues were computed neaily equal to those which belonged to the crown itself; and he spent them with a magnificence, or rather an ostentation, which gave general offence to the pcojile, and even lessened his nuister iu the eyes of all foreign nations. WAR BETWEEN CHARLES AND FRANCIS- MEDIATION OF HENRY. 1521. The violent personal emulation and political jealousy which had taken place between the emperor and the French king soon broke out in hostilities. But while these ambitious and warlike princes were acting against each other iu almost every part of Europe, they still made professions of the strongest desire of peace ; and both of them incessantly carried their com- plaints to Henry, as to the umpire between tlicni. The king, who pretended to be neutral, engaged them to send their ambassadors to Calais, there to negociate a peace under the mediation of Wolsey and the pope's nuncio. The emperor was well apprized of the parti- ality of those mediators ; and his demands iu the con- ference were so unreasonable, as plainly proved him conscious of the adv.intage. Ho required the restitu- tion of Burgundy, a province which many years be- fore had been ceded to France by treaty, and which, if in his possession, would have given him entrance into the heart of that kingdom : and he demanded to be freed from the homage which his ancestors had always done for Flanders ami Artois, and which ho himself liad, by the treaty of Noyon, engaged to renew. On Francis's rejecting these terms, the congress of Calais broke up, and Wolsey, soon after, took a jour- ney to Bruges, where he met with the emperor, (i-lth November.) lie was received with the same state, magnificence, .and respect as if he had been the king of Kngland himself ; and he concluded, in his master's D.-ime, an offensive alliance with the pope and the em- peror against Fr.ance. lie stipulated, that England should next summer invade that kingdom with forty thousand men ; and he betrothed to Cliai les the prin- cess Jlary, the king's only child, who had now some prospect of inheriting the crown. This extravagant alliance, which was jirejudicial to the interests, and might have jiroved fatal to the liberty and inde])end- ence of the kingdom, w.as the result of the humours and prejudices of the king, and the private views and expectations of the cardinal. TRIAL AND CONDEMNATION OP THE DUKE OF BUCKINGHAM. The people saw every day new instances of tlie un- controlled authority of this minister. The duke of Buckingham, constable of England, the first nobleman both for family and fortune in the kingdom, had im- prudently given disgust to the cardinal ; and it was not long before he found reason to repent of his indis- cretion. He seems to have been a man full of levity and rash projects ; and being infatuated with judicial astrology, he entertained a commerce with one Hop- kins, a Carthusian friar, who encouraged him in the no- tion ofhis mounting one day the throne of England. He was descended by a female from the duke of Glouces- ter, youngest sou of Edward III. ; and though his claim to tlic crown was thereby very remote, he bad been so unguarded as to lot fall some expressions, as if ho thought himself best entitled, in case the king Vol. 1. should die without issue, to possess flie royal dignity. He had not even abstained from threats against the king's life, and had provided himself with arms, which he intended to employ, in case a favourable opportu- nity should offer. He was brought to a trial ; .and the duke of Noiliilk, whoso son, the carl of Surrey, had married Buckingham's daughter, was created lord- steward, in order to preside at this solemn procedure. The jury consisted of a duke, a marquis, seven earls, and twelve barons ; and tliey gave their verdict against Buckingham, which was soon after carried into execu- tion. There is no reason to think the sentence unjust; but as Buckingham's crimes seemed to proceed more from indiscretion than deliberate malice, the people, who loved him, expected that the king would grant him a pardon, and imputed their disappointment to the ani- mosity and revenge of the cardinal. The king's own jealousy, however, of all persons allied to the crown, was, notwithstanding his undoubted title, very remark- .able during the whole course of his reign ; and was alone sufficient to render him implacable against Buck- ingham. The office of constable, which this uobhinan inherited from the Bolnins, earls of Hereford, was for- feited, and was never after revived in England. CHAPTER XXIX. Oieri'cssion conceminfr the Ecclesiastical State Oriplii of llic ll« fprm.tt'.oll Msrtin Luther Henry recci\'es tiic Title ul Defender of the Kaitll Causes of the Progress of the Keformaiion War with I' ranee Invasion of France \\ ar u-iih Sailland A railianient Invasion of France Italian Wars 'I'he King of France invades Ittily lUttle of i'a\ia and Captivity of Francis FrancU recovers his Lilicrty Sack of Itome League with France. DURING some years, many parts of Europe had been agitated with those religious controversies which produced the Reformation, one of the greatest events in history : but as it was not till this time that the king of England publicly took part in the quarrel, we had no occaiion to give any account of its rise and progress. It will now be necessary to explain these theological disputes, or, what is more material, to trace from their origin those abuses which so generally dif- fused the opinion, that a reformation of the church, or ecclesiastical order, was become highly expedient, if not absolutely necessary. We shall be better enabled to comprehend the subject, if we take the matter a little higher, and reflect a moment on the reasons why there must be an ecclesiastical order and a public establish- ment of religion iu every civilized community. The importance of the present occasion will, I ho])e, excuse this short digression. DIGRESSION CONCERNING THE ECCLESIAS- TICAL STATE. Most of the arts and professions in a state ai'c of such a nature, that, while they promote the interests of the society, they are also useful or agreeable to some indi- viduals; and in that case, the constant rule of the ma- gistrate, except, perhaps, on the first introduction of any art, is to leiive the profession to itself, and trust its encouragement to those who reap the benefit of it> The artisans, finding their profits to rise by the favour of their customers, increase, as much as possible, their skill and industry ; and as matters are not disturbed by any injudicious tampering, the commodity is always sure to be at all times nearly proportioned to the de- mand. But there are also some callings which, though useful and even necessary in a state, bring no particular ad- vantage or pleasure to any individual ; and the supreme power is obliged to alter its conduct with reg.'ird to the retainers of tliose professions. It must give them public encouragement in order to their subsistence ; and it must Drovide against that negligence to which they will 2 Y 346 THE HISTORY OF ENGLAND LChap, XXIX. naturally be subject, either by annexing peculiar ho- nours totlie profession, by establishing a long subordina- tion of ranks and a strict dependence, or by some other expedient. The persons employed in the finances, armies, fleets, and magistracy, are instances of this order of men. It may naturally be tliought, at first sight, that the ecclesiastics belong to the first class, and that tlu'ir encouragement, ns well as that of lawyers and jiliy- sicians, may safely be entrusted to the Uberahty of in- dividu.als who are attaclied to their doctrines, and wlio find benefit or consolation from their spiritual ministry and assistance. Tlieir industry and vigilance will, no doubt, be wlietted by such an additional motive; and their sldll in tlieir profission, as well as their address in governing the minds of tlie people, must receive daily increase, from their increasing practice, study, and at- tention. But if we consider the matter more closely, we shall find, that this interested diligence of the clergy is wliat every wise legislator will study to prevent; because in every religion, except tlie true, it is highly pernicious, and it has even a natural tendency to pervert the true, by infusing into it a strong mixture of superstition, folly, and delusion. Each ghostly practitioner, in order to render himself more jn-ecious and sacred in the eyes of his retainers, will inspire them with the most violent abhorrence of all other sects, and continually endeavom-, by some novelty, to excite the languid devotion of his audience. No regard will be paid to truth, morals, or decency, in the doctrines inculcated. Every tenet will be adopted that best suits the disorderly afl^ections of the human frame. Customers will bo drawn to each conventicle by new industry and address, in practising on the passions and credulity of the populace. And in the end, the civil magistrate will find, that he has dearly paid for his pretended frugality, in saving a fixed estab- lisliment for the priests ; and that in reality the most decent and advantageous composition, which lie can make with the spiritual guides, is to bribe their indo- lence, by assigning stated salaries to theii- profession, and rendering it supei-fluous for them to be further ac- tive, than merely to prevent their flock from straying in quest of new pastures. And in this manner ecclesi- astical establishments, though commonly they arose at first from religious views, prove in the end advantageous to the political interests of society. But we may obsen-e, that few ecclesiastical establish- ments have been fixed upon a worse foundation than that of the church of Rome, or have been attended with circumstances more hurtful to the peace and happiness of mankind. The large revenues,privileges,immunities,and powers of the clergy rendered them formidable to the civil ma- gistrate, and armed with too e.xtensive authority an order of men, who always adhere closely together, and who never want a plausible pretence for their en- croachments and usurpations. The higher dignities of the church served, indeed, to the support of gentry .and nobility ; but by the establishment of monasteries, many of the lowest vulgar were taken from the useful arts, and maintained in those receptacles of sloth and igno- rance. The supreme head of the church was a foreign potentate, guided by interests always different from those of the community, sometimes contrary to them. And as the hierarchy was necessarily solicitous to pre- serve an unity of faith, rites, and ceremonies, all liberty of thought ran a manifest risk of being extinguished; and violent persecutions, or, what was worse, a stupid and abject credulity, took place everywhere. To increa.se these evils, the church, though she pos- sessed large revenues, was not contented with lier ac- quisitions, but retained a power of practising further on the ignorance of mankind. 8he even bestowed on each individual priest a power of enriching himself by the voluntary oblations of the faithful, and left him still an urgent motive for diligence and industry in his calling. And thus, that church though an expensive and burdensome establishment, was liable to many of the inconveniences which belong to an order of priests trusting entirely to their own art and invention for at- taining a subsistence. The advantages attending the Romish hierarchy were but a small compensation for its inconveniences. The ecclesiastical privileges during barbarous times had served as a check on the despotism of kings. The union of all the western churches under the supreme pontift' facilitated the intercourse of nations, and tended to bind all the parts of liurope into a close connexion with each other. And the pomp and splendour of wor- ship which belonged to so opulent an establishment, contributed in some respect to tlie encouragement of the fine arts, and began to difFuse a general elegance of taste, by unitiug it with religion. It will easily be conceived, that though the balance of evil prevailed in the Romish church, this was not the chief reason which produced the Reformation. A con- currence of incidents must have contributed to forward that great revolution. ORIGIN OF THE EEFORMATION. Leo X., by his generous and enterprising temper, had much exhausted his treasury, and was obliged to em- ploy every invention which might yield money, in order to support his projects, pleasures, and liberalities. The scheme of selling indulgences was suggested to liim, as an expedient wliich had often served in former times to draw money from the Christian world, and make devout people willing contributors to the grandeur and riches of the court of Rome. The church, it was sup- posed, was jiossessed of a great stock of merit, as being entitled to all the good works of all the saints, beyond what were employed in their own justification ; and even to the merits of Christ himself, which were infinite and unbounded : and from this unexhausted treasury the pope might retain particular portions, and by that traffic acquire money, to be employed in pious pur- poses, in resisting the infidels, or subduing schismatics. When the money came into his exchequer, the greater part of it was usually diverted to other purposes. It is commonly believed that Leo, from the penetra- tion of his genius, and his familiarity with ancient literatui'e, was fully acquainted with the ridicule and falsity of the doctrines which, as supreme pontiff, ho was obliged by his interest to promote : it is the less wonder, therefore, that he employed for his profit those pious frauds which his predecessors, the most ignorant and credulous, had always, under plausible pretences, made use of for their selfish purposes. He published the sale of a general indulgence ; and as his expenses had not only exhausted his usual revenue, but even an- ticipated the money expected from this extraordinary expedient, the several branches of it were openly given away to particular persons, who were entitled to levy the imposition. The produce, particularly of Saxony and the countries bordering on the Baltic, was assigned to his sister Magdalene, married to Cibo, natural son of Innocent VIII.; and she, in order to enhance lier pro- fit, had farmed out the revenue to one Arcemboldi, a Genoese, once a merchant, now a bishop, who still re- tained all the lucrative arts of his former ])rofession. The Austin friars had usually been employed in Saxony to preach the indulgences, and from this trust had de- rived both profit and consideration ; but Arcemboldi, fearing lest practice might have taught them means to secrete tlie money, and expecting no extraordinary suc- cess from the ordinary methoils of collection, gave this occupation to the Dominicans. These monks, in order to prove themselves worthy of the distinction conferred on them, exaggerated the benefits of indulgences by the most unbounded panegyrics ; and advanced doctrines on that head, which, though not more ridiculous than those already received, were not as yet entirely familiar to the ears of the people [See note ii K, a£ the end of this Vol.] To add to the scandal, tho collectors of tliis re- Chaf. XXIX. J HENRY VIll. 1509—1047. 347 venue are said to liave lived very licentious lives, and to have spent in taverns, gaming-liouses,and places still more infamous, the money which devout persons had saved from tlieir usual expenses, in order to purchase a remission of their sins. MARTIN LUTHER. All these circumstances might have given offence, but would liave been attended with no event of any im- portance, had there not arisen a man quahfied to take advantage of the incident. Martin Luther, an Austin friar, professor in tlie university of Wittemberg, resent- ing the affront put upon his order, began to preach against these abuses in the sale of indulgences ; and being naturally of a fiery temper, and provoked by op- position, he proceeded even to decry indulgences them- selves ; and was thence carried, by the heat of dispute, to question the authority of the pope, from which his adversaries derived their chief arguments against him. Still as he enlarged his reading, in order to sup]iort these tenets, he discovered some new abuse or erior in the church of Rome ; and finding his opinions greedily hearkened to, he promulgated them by writing, dis- course, sermon, confeience, and daily increased the number of his disciples. All Saxony, all Germany, all Europe, were in a very little time filled with the voice of this daring innovator ; and men, roused from that lethargy in which they had so long slept, began to call in question the most ancient and most reci'ived opinions. The elector of Saxony, favourable to Lu- ther's doctrine, protected him from the violence of tlio papal jurisdiction: the republic of Zurich even reformed their church according to the new model : many sove- reigns of the empire, and the Imperial diet itself,showed n favourable disposition towards it ; and Luther, a man naturally inflexible, vehement, opinionative, was be- come incapable, either from promises of advancement or terrors of severity, to relinquish a sect of which he ■was himself the founder, and which brought him a glorj- superior to all others, the glory of dictating the religious faith and principles of multitudes. HENRY RECEIVES THE TITLE OF DE- FENDER OF THE FAITH. The rumour of these innovations soon reached Eng- land ; and as there still subsisted in that kingdom great remains of the Lollards, whose principles resembled those of Luther, the new doctrines secretly gained many partisans among the laity of all ranks and denomina- tions. But Henry had been educated in a strict attach- ment to the church of Rome, and he bore a particular prejudice against Luther, whoin his writings spoke with contempt of Thomas Aquinas, the king's favourite au- thor : he opposed himself therefore to the progress of the Lutheran tenets, by all the influence which his ex- tensive and almost absolute authority conferred upon him: he even undertook to combat them with weapons not usually employed by monarchs, especially those in the flower of their age and force of their passions. He wrote a book in Latin against the principles of Luther; a performance which, if allowance be made for the sub- ject and the age, does no discredit to his capacity. He sent a copy of it to Leo, who received so magnificent a present with great testimony of regard ; and conferred on him the title of "defender of the faith;" an appella- tion still retained by the kings of England. Luther, who ■was in the heat of controversy, soon published an an- swer to Henry ; and, without regard to the dignity of his antagonist, treated him with all the acrimony of style to which in the course of his polemics he had so long been accustomed. The king by this ill usage was still more prejudiced against the new doctrines; but the public, who naturally favour the weaker party, were in- clined to attribute to Luther the victory in the dispute. And as the controversy became more illustrious by Heary's ealcringthe lists, it drew still more the atten- tion of mankind ; and the Lutheian doitrina daily acquired new converts in every part of Europe. CAUSES OF THE PROGRESS OF THE REFORMATION. The quick and surprising progress of this bold sect may justly in part be ascribed to the late invention of printing, and revival of learning. Not that reason bore any considerable share in opening men's eyes with re- gard to the impostures of the Romish church : for of all branches of literature, philosophy had, as yet, and till long afterwards, made the most inconsiderable pro- gress ; neither is there any instance that argument has ever been able to free the people from that enormous load of absurdity with which superstition has every- where overwhelmed them : not to mention, that the rapid advance of the Lutheran doctrine, and the vio- lence ivith which it was embraced, prove sufficiently that it owed not its success to reason and reflection. The art of jirinting and the revival of learning for- warded its progress in another manner. By means of that art the books of Luther and his sectaries, full of vehemence, declamation, and a rude eloquence, ■were propagated more quickly, and in greater numbers. The minds of men, somewhat awakened from a pro- found sleep of so many centuries, were prepared for eveiy novelty, and scrupled less to tread in any unusual path ■nhich was opened to them. And as copies of the scriptures and other ancient monimients of the Chris- tian faith became more common, men perceived the in- novations which ■n'ere introduced after the first cen- turies ; and though argument and reasoning could not give conviction, an historical fact, ■n-ell supported, was able to make impression on their understandings. Many of the powers, indeed, assumed by the church of Rome, were very ancient, and were prior to almost every political government established in Europe: but as the ecclesiastics would not agree to possess their privileges as matters of civil right, which time might render valid, but ajipcaled still to a diWne origin, men were tempted to look into their primitive charter ; and they could, without much difficulty, perceive its defect in truth and authenticity. Ill order to bestow on this topic the greater influence, Luther and his followers, not satisfied with opposing the pretended divinity of the Romish church, and dis- playing the temporal inconveniences of that establish- ment, carried matters much further, and treated the religion of their ancestors as abominable, detestable, damnable; foretold by sacred writ itself as the source of all wickedness and pollution. They denominated the pope antichrist, called his communion the scarlet whore, and gave to Rome the appellation of Babylon; expressions which, however applied, were to be found in scripture, and which were better calculated to operate on the multitude than the most solid argu-* ment. Excited by contest and persecution on the one hand, by success and applause on the other, many of the reformers carried to the greatest extremity their opposition to the church of Rome; and in contradic- tion to the multiplied superstitions with wliicli that communion was loaded, they adopted an enthusiastic strain of devotion, which admitted of no observances, rites, or ceremonies, but placed all merit in a mys- terious species of faith, inward vision, rapture, and ecstasy. The new sectaries, seized with this spirit, were indefatigable in the propagation of their doctrine, and set at defiance all the anathemas and punishments with which the Roman pontiflf endeavoured to over- whelm them. That the civil power, however, might aft'ord them protection against the ecclesiastical jurisdiction, the Lutherans advanced doctrines favourable in some re- spect to the temporal authority of sovereigns. They inveighed against the abuses of the court of Rome, with which men were at that time generally discon- tented ; and they exhorted princes to reinstate them- 848 THE HISTORY OF ENGLAND selves in tliosc powors of wlii'^li the encroacliing spirit of tlio ecclesiastics, ospccially of the sovereign i)ontil}', had so long bereaved them. They condemned celibacy and monastic vows, and thereby opened the doors of the convents to those who were either tiled of the obedience and chastity, or disgnsted with tlio licence in which they had hitherto lived. They blamed the excessive riches, the idleness, the libertinism of the clergy ; and pointed out tlieir treasures and revenues as lawful spoil to the first invader. And as the eccle- siastics liad hitherto conducted a willing and stupid audience, and were totally unacquainted witli contro- versy, much more with every species of true literat\ire, they were unable to defend themselves against men armed with authorities, quotations, and popular topics, and qualified to triumph in every altercation or de- bate. Such were the advantages with which the re- formers began their attaclc on the Romish hierarchy ; and such were the causes of their rapid and astonish- ing success. Leo X., whose oversights and too supine trust in the profound ignorance of the people, had given rise to this sect, bat whose sound judgment, moderation, and tenii)cr, were well qmilified to retard its progress, died in tlie flower of liis age, a little after he received tlie king's book against Luther; and he was succeeded in the papal chair by Adrian, a Fleming, (1st December,) who had been tutor to the emperor Cliarles. Tiiis man was fitted to gain on the reformers by the integ- rity, candour, and simplicity of manners which dis- tinguished his character; but so violent were their prejudices against the cliurch,he rather hurt the cause by his imprudent exercise of those virtues. He frankly confessed that many abominable and detestable prac- tices prevailed in the court of Rome; and by tiiis sin- cere avowal he gave occasion of much triumph to the Lutherans. Tliis pontitf also, whose penetration was not equal to his good intentions, was seduced to con- cur in that league wliicli Charles and Henry had formed against France ; and he thereby augmented the scandal occasioned by the practice of so many preceding popes, who still made their spiritual arras subservient to po- litical purposes. 1522. The emperor, who knew that Wolsey had re- ceived a disappointment in his ambitious hopes by tlio election of Adrian, and who dreaded the resentment of that haughty minister, was solicitous to repair the breach made in their friendship by this incident. He paid another visit to England; (2Cth Jlay ;) and be- sides flattering the vanity of the king and tlie cardinal, lie renewed to Wolsey all the promises which he bad made him, of seconding his pretensions to the papal throne. Wolsey, sensible that Adrian's great age and infirmities promised a speedy vacancy, dissembled his resentment, and was willing to hope for a more pros- perous issue to the next election. The emperor re- newed the treaty made at Bruges, to which some ar- ticles were added; and he agreed to indemnify both the king and Wolsey for the revenue which they should lose by a breach with France. The more to in- gratiate himself with Henry and the English nation, he gave to Surrey, admiral of England, a commission for being admiral of his dominions; and he himself was installed kiiiglit of the garter at London. After a stay of six weeks in England, he embarked at South- ampton, and in ten days arrived in Spain, where ho soon pacified the tumults which had arisen in his absence. WAR WITH FRANCE. The king declared war against France ; and this measure was founded on so little reason, that he could allege nothing as a ground of quarrel, hut Francis's re- fusal to submit to liis arbitration, and his sending Al- bany into Scotland. Tliis last step luad not been tal(en by the French king, till he was quite assured of Henry's resolution to attack him Surrey landed some troops [Chap XXIX- at Cherbourg, in Normandy; and .after laying wa.ste the country, he sailed to Morlaix, a rich town in 13ri- tanny, which ne took and plundered. The English merchants had great property in that place, m hich was no more spared by the soldiers than the goods of the French. Surrey then left the charge of tlio fleet to tlie vice-admiral ; and sailed to Calais, where he took the command of the English army, destined for the in- vasion of France. This army, when joined by forces from the Low Countries, under the command of the count de Buren, amounted in the whole to 18,000 men. INVASION OF FRANCE. The French had made it a maxim in almost all their wars with the English since the reign of Charles V., never without great necessity to hazard a general en- gagement ; and the dukeof Vendome, who commanded the Frencli .army, now embraced this wise policy. He supplied the towns most exposed, especially Boulogne, Jlontreuil, Teroiiane, Hedin, with strong g.arrisona and plenty of provisions : he himself took post at Ab- beville, witli some Swiss and French infantry, and a body of cavalry: the count of Guise encamped under Jlontreuil with six thousand men. These two bodies were in a situation to join upon occasion ; to throw supply into any town that w .as threatened ; and to harass the English in every movement. Surrey, who w,as not provided with niag.azines, first divided his troops for tlie convenience of subsisting them ; but finding that his quarters were every moment beaten up by the activity of the French generals, he drew to- getlier his forces, and laid siege to Hedin. But neitlier did he succeed in this enterprise. The garrison made vigorous s.allies upon his army : the French forces as- saulted him from without : great rains fell : fatigue and bad weather threw the soldiers into dysenteries: and Surrey was obliged to raise the siege, and put his troops into winter-quarters about the end of October. His rear-guard was attacked at Pas, in Artois, and five or si.x hundred men were cut oft"; nor could .all his efforts make him master of one place within the French frontier. The allies were more successful in Italy. Lautree, who commanded the French, lost a great battle at Bicocca, near Milan ; and was obliged to retire with the remains of his army. This misfortune, which pro- ceeded from Francis's negligence in not supplying Lautree with money, was followed by the loss of Genoa. The castle of Cremona was the sole fortress in Italy which remained in the hands of the French. WAR WITH SCOTLAND. Europe was now in such a situation, and so con- nected by different alliances and interests, that it was almost impossible for war to be kindled in one part and not diffuse itself throughout the whole: but of all the leagues among kingdoms, the closest was that which had so long subsisted between France and Scotl.and ; and the English, while at war with, the former nation, could not hope to remain long unmolested on the northern frontier. No sooner had Albany .arrived in Scotland, than he took measures for kindling a war with England ; and he summoned the whole force of the kingdom to meet in the fields of Roslinc. He thence conducted the army southw.ards into Annan- dale ; and prepared to pass the borders at Solwiiy- Fritii. But many of the nobility were disgusted with the regent's administration : and observing that his connexions with Scotland were feeble in comparison of those which he raaint.ained with France, they murmured that, for the sake of foreign interests, tlieir jieace should so often be disturbed, and war during their king's minority be wantonly entered into with a neighbouring nation, so much superior in force and riches. The Gordons, in particular, reftis".(l to advoucs CHiP XXIX.] HENRY VIII. 1.509—1-54" 34S any further ; and Albany, observing a general discon- tent t() jirevail, was obliged to conclude a truce with lord D.acres, warden of the English west marches. Soon after he departed for France ; and lest the oppo.«-ite faction should gather force in his absence, he sent thi- ther before him the earl of Angus, husband to the queen-dowager. 1523. Next year Henry, that lie might Lake advan- tage of the regent's absence, marclied an army into Scotland, under the command of Surrey, who ravaged the Merso and Teviotdale without opposition, and burned the town of Jedburgh. The Scots had neither king nor regent to conduct them : the two Humes had been |>ut to death : Angus was in a manner banished: no nobleman of vigour or authority remained, who was qualified to .assume the government : and (he English monarch, who knew the distressed situation of the country, determined to push them to extremity, in hopes of engaging them, by the sense of their present weakness, to make a solemn renunciation of the French alliance, and to embrace that of England. He even gave them hopes of contracting a marriage be- tween the lady .Mary, heiress of England, .and their young monarch ; an expedient which would for ever unite the two kingdoms : and the queen-dowager, with licr whole party, recommended everywhere the advantages of this allhance, and of a confederacy with Henry. They said that tlie interest of Scotland had too long been s.icrificed to those of the French nation, who, whenever they found themselves reduced to diifi who had been long detained beyond liis appointed, time by the danger from (he English fleet, at last p.p. peared among them, he was able to throw the balance entirely on that side. By authority of the conven- tion of stales he as.semblcd an army with a view of avenging the ravages committed by the English in the beginning of the campaign ; and he led them southwards towards the borders. But when they were l)assing the Tweed at the bridge of Melross, the Eng- lish party raised again such opposition, that Albany thought proper to make a retreat. He marched down- wards along the banks of the Tweed, keeping that river on his right ; and fixed his camp ojiposite to Werlc- castle, which Surrey had lately reiiaiied. He sent over some troops to besiege this fortress, who made a breach in it, and stormed some of the outworks : but the regent, hearing of the approach of an English army, and discouraged by the advanced season, thought proper to disband his forces, and retire to Edinburgh. Soon after he went over to Fiance, and never again returned to Scotland. The Scottish nation, agitated by their domestic factions, were not during several years in a condition to give any more disturbance to England ; and Henry li.ad full leisure to persecute his designs on the continent. The reason why the war against France proceeded so slowly on the part of England, was the Wiint of money. All the treasures of Henry VII. were long ago dissipated ; the king's habits of expense still re- mained, and his revenues were unequal even to the culties, called for the assistance of their allies; but j ordinary charge of government, much more to Iiis were ready to abandon them as soon as they found j military enterprises. He had last year caused a ge- tlieir advantage in making peace with England : tli.at i neral survey to be made of the kingdom ; the numbers where a small state entered into so close a confederacy of men, their years, profession, stock, revenue; and with a greater, it must always expect this treatment, as , expressed great satisfaction on finding the nation so a consequence of unequal alliance; but there were pe- I opulent. He then issued privy-seals to the most culiar circumstances in the situation of the kingdoms wealthy, demanding loans of p.articular sums : this act which in the present case rendered it inevitable: that ' of power, though somewh.i,t irregular and tyrannical. Franco w.as so distant and so divided from them by had been formerly practised by kings of England ; Be.a, that she scarcely could by any means, and never and the people were now funiili.arized to it. But could in time, send succours to the Scots, sufficient to Henry this year carried his authority mueli further, protect them against rav.ages from the neighbouring He publi.shed an edict for a general tax upon his sub- kingdom : that nature had in a manner formed an jeets, which he still called a loan ; and he levied five alliance between the two British nations ; having in- closed them in the same island ; given them the same manners, language, laws, and form of government ; and prepared everything for an intimate union be- tween them : and that if national antipathies were abolished, which would soon be the effect of peace, these two kingdoms, secured by the ocean and by their domestic force, could set at defiance all foreign enemies, and remain for ever safe and unmolested. The ]).artisans of the French alliance, on the other h.and, .said, that the very reasons \sliich were urged in favour of a league with England, the vicinity of the kingdom and its superior force, were the real causes why a sincere and durable confederacy could never be formed with that hostile nation : that .among neigh- bouring states occasions of quarrel were frequent ; and the more powerful would be sure to seize every fri- volous pretence for oppressing the weaker, and re- ducing it to subjection: that as the near neighbour- hood of Fr.ance and England had kindled a war .almost perpetual between them, it w.as the interest of the Scots, if they wished to maintain their independence, to preserve their league with the former kingdom, which balanced the force of the latter: that if they deserted that old and salutary alliance on which (heir importance in Europe chiefly depended, their ancient .enemies, stimulated both by interest and by p,assion, would soon invade them with superior force, and be- reave them of all their liberties : or if they delayed the attack, the insidious peace, by making the Scots forget the use of arms, would only prepare the way for n slavery more certain and more irretrievable. The arguments employed by the French party, being BOeoiided by the natural prejudices of the people, fieeiued most prevaleul : and when the regent himself. shilling in the pound upon the clergy, two shillings upon the laity. This pretended loan, as being more regular, w.as really more dangerous to the liberties of the people ; and was .a precedent for the king's im- posing taxes without consent of parliament. A PARLIAMENT. April 15. Henry soon after summoned a pailianunt. together with a convocation ; and found neither of them in a disposition to complain of the infringement of their privileges. It was only doubted how far they would carry their liberality to the king. Wolsey, who had undertaken the management of tlio aftairs, began with the convocation, in hopes that their example would in- fluence the parliament to grant a large supply. lie demanded a moiety of the ecclesiastical revenues to be levied in five ye.ars, or two shillings in the pound dur- ing that time ; and though he met with opposition, he reprimanded the refractory members in such se- vere terms, that his request was at last complied with. The cardin.al afterwards, attended by sever.al of the nobility and prelates, came to the house of commons; and in a long and elaborate speech laid before them the public necessities, the danger of an inviision from Scotland, the affronts received from Fr.ance, the league in which the king was eng.aged with the pope and the emperor; and he demanded a grant of 800,(100 pounds, divided into four yearly payments; a sum computed, from the late survey or valuation, to be ccjual to four shillings in the pound of one year's re- venue, or one shilling in the pound yearly, ;iccording to the division proposed.* So large a grant was nn- • This survp^ or valiiadon is liable to much suspicion, as fixing the rents a (,'nat deal itxi hi^h ; unless the sum comprehend thijrvttj ucs of all kiuds. Industry as well as land and monei'. 350 THE HISTORY OF ENGLAND. [Chap. XXIX usual from the commons; and though the cardinal's doiiiand was seconded by Sir Tliomas More, the speaker, and several other members attached to the court, the liouse could not be prevailed with to com- ply. They only voted two shillings in the pound on all who enjoyed twenty pounds a year and upwards; one sliilling on all who possessed between twenty pounds and forty pounds a year; and on the other subjects above sixteen years of age, a groat a-head. This last sum was divided into two yearly payments; the former into four ; aud was not, therefore, at the utmost above sixpence in the pound. The grant of the commons was but the moiety of the sum de- manded ; and the cardinal, therefore, much mortified with the disappointment, came again to the house, and desired to reason with such as refused to comply with the king's request. He was told that it was a rule of the house never to reason but among themselves ; aud his desire was rejected. The commons, however, en- larged a little their former grant, and voted an impo- sition of three shillings in the pound on all possessed of fifty pounds a-year aud upwards. [See note 2 S, at the end of this Vol'l The proceedings of this house of commons evidently discover the humour of the times : they were extremely tenacious of their money, and refused a demand of the crown, wliich was far from being unreasonable; but they allowed an encroach- ment on national privileges to passuncensured, though its direct tendency was to subvert entirely the liber- ties of the people. The king was so dissatisfied with this saving disposition of the commons, that as he had not called a parliament during seven years before, he allowed seven more to elapse before he summoned another : and on pretence of necessity, he levied in one year, from all who were worth forty pounds, what the parliament had granted him payable in four years; a new invasion of national privileges. These irregu- larities were commonly ascribed to the cardinal's counsels, who, trusting to the protection afforded him by his ecclesiastical character, was the less scrupu- lous in his encroachments on the civil rights of the nation. That ambitious prelate received this year a new dis- appointment in his aspiring views. The pope, Adrian VI., died ; and Clement VII., of the family of Medicis, was elected in his place, by the concurrence of the Imperial party. Wolsey could now perceive the in- sincerity of the emperor, and he concluded that that prince would never second his pretensions to the papal chair. As he highly resented this injury, he began thenceforth to estrange himself from the Imperial court, and to pave the way for an union between his master and the French kuig. Jleanwhile he concealed liis disgust ; and after congratulating the new pope on liis promotion, applied for a continuation of the lega- tine powers which the two former popes had conferred upon him. Clement, knowing the importance of gain- ing his friendship, granted him a commission for hfe ; an"!!, by this unusual concession, he in a manner trans- ferred to him the whole papal authority in England. In some particular.s, Wolsey made a good use of this extensive power. He erected two colleges, one at Ox- ford, another at Ipswich, the place of his nativity : he sought all over Europe for learned men to supply the chairs of these colleges ; and, in order to bestow en- dowments on them, he suppressed some smaller monas- teries, and distributed the monks into other convents. The execution of this project became the less difiicult for liim, because the Romish church began to perceive that she overabounded in monks, and that she wanted gome supply of learning, in order to oppose the inquisi- tive, or rather disputative humour of the reformers. The confederacy against France seemed more for- midable than ever on the opening of the campaign. Adrian, before his death, had renewed the league with Charles and Henry. The A^enetians had been induced to desert the French alliance, and to form cugage- tuents for securing Francis Sforza, brother to Waxi- millian, in possession of the Milanese. The Florentines, the dukes of Ferrara and Mantua, and all the powers of Italy combined in the same measure. The emperor, in ])erson, menaced France with a powerful invasion on the side of Guienne ; the forces of F.nglaud and the Netherlands hovered over Picardy ; a numerous body of Gernuins were preparing to ravage Burgundy ; but all these ])erils from foreign enemies were less threat- ening than a domestic conspiracy which had beeu formed, and which was now come to full maturity, against the French monarch. Charles, duke of Bourbon, constable of France, waa a prince of the most shining merit ; and, besides dis- tinguishing himself in many military enterprises, ho was adorned with every accomplishment which became a person of his high station. His virtues, embellished with tlie graces of youth, had made such imijression on Louise of Savoy, Francis's mother, that, without re- gard to the inequality of their years, she made liim jiroposals of marriage; and, meeting with a repulse, she formed schemes of unrelenting vengeance against him. She was a woman, false, deceitful, vindictive, malicious ; but unhappily for France, had by her capa- city, which was considerable, acquired an absolute ascendant over her son. By her instigation, Francis put many affronts on the constable, which it was diffi- cult for a gallant spirit to endure ; and, at last, he permitted Louise to prosecute a law-suit against him, by which, on the most frivolous preteuces, he was de- prived of his ample possessions ; and inevitable ruin was brought upon him. Bourbon, provoked at all these indignities, and thinking that, if any injuries could justify a man in rebelling against his prince and country, he must stand acquitted, liad entered into a secret correspondence with the emperor aud the king of England. Francis, pertinacious in his purpose of recovering the Milanese, had intended to lead his army in per.son into Italy ; and Bourbon, who feigned sickness, in order to have a pretence for staying behind, purposed, as soon as the king should have passed the Alps, to raise an insurrec- tion among his numerous vassals, by whom he was extremely beloved, and to introduce foreign enemies into the heart of the kingdom. Francis got intimation of his design ; but as he was not expeditious enough in .securing so dangerous a foe, the constable made his es- cape ; and entering into the emperor's service, em- ployed all the force of his enterprising spirit, and his great talents for war, to the prejudice of his native country. INVASION OF FRANCE. The king of England, desirous that Francis should un- dertake his Itahau expedition, did not openly threaten I'icardy this year with an invasion ; and it was late before the duke of Suffolk, who commanded the Eng- lish forces, passed over to Calais. (24th August.) He was attended by the lords Montacute, Herbert, Ferrars, Morney, Sandys, Berkeley, Powis, aud many other noblemen and gentlemen. The English army, re-enfoi'ced by some troops drawn from the garrison of Calais, amounted to about 12,000 men ; and having joined an equal number of Flemings under the count de Buren, they prepared for an invasion of France. The siege of Boulogne was first proposed ; but that enterprise appearing difiicult, it was thought more ad- visable to leave this town behind them. The frontier of Picardy was very ill provided with troops ; the only defence of that province was the activity of the French . officers, who infested the allied army in their march, and threw garrisons, with great expedition, into every town which was threatened by them. After coasting the Somme, and passing Hedin, Montreiiil, Dourlens, the ICnglish and Flemings presented themselves before Bray, a place of small force, which commanded a bridge over that river. Here they were resolved to pass, and, if possible, to take up winter-(iuarters in Chap. XXIX.] HENRY VIII. 1509—1547. 351 France ; but Crequi threw himself into the town, and seemed resolute to defend it. Tlie allies attacked him with vipour and success ; and when he retreated over the hridge, they pursued him so hotly that they al- lowed him not time to break it down, hut passed it nlonff with him, and totally routed his army. They next advanced to Montdidier, wliich they besieged, and took by capitulation. Slcetinff with no oppo- sition, they proceeded to the river Oise, within eleven leagues of Paris, and threw that city into great con- sternation, till the duke of Vendume hastened with some forces to its relief. The confederates, afraid of being surrounded, and of being reduced to extremities during so advanced a season, thought proper to re- treat. Jfontdidier was .abandoned ; and the English and Flemings, without effecting anything, retired into their respective countries. France defended herself from the other invasions with equal facility and equal good fortune. Twelve thousand Lansquenets broke into Burgundy, under the command of the count of Furstenberg. The count of Guise, who, defended that frontier, had nothing to op- pose to them but some militia, and .ibout nine hundred heavy-armed cavalry, lie threw the mihtia into tlic garrison-towns ; and with liis cavalry he kept the field, and 60 harassed the Germans, that they were glad to make their retreat into Lorraine. Guise attacked them as they passed the Meuse, put them into dis- order, and cut off the greater part of their rear. The emperor made great preparations on the side of Navarre ; and though that frontier was well guarded by nature, it seemed now exposed to danger from the powerful invasion which threatened it. Charles be- sieged Fontarabia, which a few years before had fallen into Francis's hands ; and when he had drawn thither Lautrec, the French general, he of a sudden raised the siege, and sat down before Bayonne. Lautrec, aware of that stratagem, made a sudden march, and threw liimself into Bayonne, which he defended with such vigour and courage, that the Spaniards were con- strained to raise the siege. The emperor would have been totally unfortunate on this side, had he not turned back upon Fontarabia, and, contrary to the advice of all his generals, sitten down in the winter season before that city, well fortified and strongly garrisoned. The cowardice or misconduct of the governor saved him from the shame of a new disap- pointment. The place was surrendered in a few days ; and the emperor, ha\-ing finished tliis enterprise, put his troops into winter-quarters. ITALIAN WARS. So obstinate was Francis in prosecuting his Italian expedition, that, notwithstanding these numerous in vasions with which his kingdom was menaced on every side, he had determined to lead in person a powerful army to the conquest of Milan. The intelligence of Boui-bon's conspiracy and escape stopped him at Lyons ; and, fearing some insurrection in the king- dom, from the intrigues of a man so powerful .and so much beloved, he thought it prudent to remain in France, and to send forward his army under the com- mand of admiral Bonnivct. The duchy of Milan had been purposely left in a condition somewhat defence- less, with a view of alluring Francis to attack it, and thereby facilitating the enterprises of Bourbon; and no sooner had Bonnivet p.issed the Tesiu, than the army of the league, and even Prosper Colonna, who commanded it, a prudent general, were in the utmost confusion. It is agreed, that if Bonnivet had immedi- ately advanced to Milan, that great city, on which the whole duchy depends, would have opened its gates without resistance ; but as he wasted his time in frivol- ous enterprises, Colonna had opportunity to re-enforce the garrison, and to put the place m a posture of de- fence. Bonnivet was now obliged to attempt reducing the city by blockade and famine ; and he took posses- sion of all the posts which commanded the passages to it. But the army of the league, meanwhile, was not inactive ; and they so straitened and harassed the quarters of the French, that it seemed more likely the latter should themselves perish by famine, than reduce the city to that extremity 1524. Sickness and fa- tigue and want had wasted them to such a degree, that they were ready to raise the blockade ; and their only hopes consisted in a great body of Swiss, wliich waa levied for the serrice of the French king, and whose arrival was every day expected. But these mountain- eers no sooner came within sight of the French camp, than they stopped from a sudden caprice and re- sentment ; and, instead of joining Bonnivet, they sent orders to a great body of their countrymen) who then sen-ed under him, immediately to begin their march, and to return home in their company. After this de- sertion of the Swiss, Bonnivet had no other choice but that of making liis retreat as fast as possible into France. The French being thus expelled Italy, the pope, the Venetians, the Florentines were satisfied with the ad- vantage obtained over them, and were resolved to prosecute their victory no further. All these powers, especially Clement, had entertained a violent jealousy of the emperor's ambition ; and their suspicions were extremely augmented when they saw him refuse the investiture of Milan, a fief of the empire, to Francis Sforza, whose title he had acknowledged, and whoso defence he had embraced. Tliey all concluded that he intended to put himself in possession of that important duchy, and reduce Italy to subjection : Clement, in particular, actuated by this jealousy, proceeded so far in opposition to the emperor, that he sent orders to his nuncio at London, to mediate a reconciUation between France and England. But affairs were not yet fully ripe for this change. Wolsey, disgusted with the em- peror, but still more actuated by vainglory, was deter- mined that he himself should have the renown of bringing about that great alteration ; and he engaged the king to reject the pope's mediation. A new treaty was even concluded between Henry and Charles for the invasion of France. Charles stipulated to supply the duke of Bourbon with a powerful army, in order to conquer Provence and Dauphiny: Henry agreed to pay him a hundred thousand crowns for the first month ; after which, he might either choose to con- tinue the same monthly payments, or invade Picardy with a powerful army. Bourbon was to possess these provinces with the title of king ; but to hold them in fee of Henry, as king of France. The duchy of Bur- gundy was to be given to Charles ; the rest of the kingdom to llonr)-. This chimerical partition immediately failed of exe- cution in the article which was most easily performed : Bourbon refused to acknowledge Henry as king of France. His enterprise, however, against Provence still took place. A numerous army of Imperialists in- vaded that country, under his command and that of the marquis of Pescara. They laid siege to Marseilles, which, being weakly garrisoned, they expected to re- duce in a little time ; but the citizens defended them- selves with such valour and obstinacy, that Bourbon and Pescara, who heard of tlie French king's approach with a numerous army, found themselves under a ne- cessity of raising the siege ; and they led their forces, weakened, baffled, and disheartened, into Italy. Francis might now have enjoyed, in safety, tlie glory of repulsing all his enemies, in every attempt wliich they had hitherto made for invadmg his kingdom ; but, as he received intelligence that the king of Eng- land, discouraged by his former fruitless enterprises, and disgusted with the emperor, was making no pre- parations for any attempt on Picardy, his ancient ardour seized him for the conquest of Milan ; and not- withstanding the advanced season, he was immediately determined, contrary to the advice of his wisest coun- sellors, to lead his army into Italy. Sd2 THE HISTORY OF ENGLAND. [Chap. XXIX KING OF FRANCE INVADES ITALY, lf.25. He passed the Alps at Mount Ccnis, and no sooner appeared in Piedmont than lie tliiew the wliole Mihi- nese into consternation. Tlio forces of the enipeior and Sfoiza retired to Lodi : and liad Francis been so fortun::te iis to pursue them, tliev had abandoned that place, and liad been totally dispersed : but his ill fote led him to besiege Pavia, a town of considerable strenijth, well garrisoned, and defended by I.eyva, one of the bravest officers in the Spanish service. Every attempt which the French king made to gain this im- portant place proved fruitless. He battered the walls, and made breaches ; but, by the vigilance of Leyva, new intrenchments were instantly thrown up behind the breaches : he attempted to divert the course of the Tcsin, whicli ran by one side of the city, and defended it ; but an inundation of the river destroyed, in one night, all the mounds which the soldiers, during a long time and with infinite labour, had been erecting. Fa- tigue, and the bad season (for it was the depth of winter,) had wasted the French army. The Imperial generals, meanwhile, were not inactive. Pescara, and Lannoy, viceroy of Naples, assembled fon'cs from all quarters. Bourbon, having pawned his jewels, went into Germany, and with the mouey, aided by his per- sonal interest, levied a body of twelve thousand Lans- quenets, with which he joined the Imperialists. This ■whole army advanced to raise the siege of Pavia; and the danger to the French became every day more im- minent. The state of Europe was such, during that age, that, partly from want of commerce and industry every- where, except in Italy and the Low Countries, partly from the extensive privileges still possessed by the people in all the great monarchies, and their frugal maxims in granting money, the revenues of the princes were extremely narrow, and even the small armies which they kept on foot could not be regularly paid by them. The Imperial forces commanded by Bourbon, Pescara, and Lannoy, exceeded not twenty thousand men ; they were the only body of troops maintained by the emperor (for he had not been able to levy any army for the invasion of France, cither on the side of Spain or Flanders.) Yet, so poor was that mighty monarch, that he could transmit no money for the payment of this army ; and it was chiclly the hopes of sharing the plunder of the French camp which had made them advance, and kept them to their standards. Had Francis raised the siege before their approach, and retired to Milan, they must immediately have dis- banded ; and he had obtained a complete victory with- out danger or bloodshed. But it was the character of this monarch to become obstinate in proportion to the diflicnlties which he encountered ; and having once said, that ho would take Pavia or perish before it, he was resolved rather to endure the utmost extremities than depart from this resolution. BATTLE OF PAVIA, AND CAPTIVITY OF FRANCIS. February 2h. The Imperial generals, after cannonading the French camp for several days, at last made a general assault, nnd broke into the intrenchments. Leyva sallied from the town, and increased the confusion among the tesiegers. The Swiss infantry, contrary to their usual practice, behaved in a dastardly manne]', and deserted their post. Francis's forces were put to the rout : and ho himself, surrounded by his enemies, after fighting with heroic valour, and killing seven men with his own hand, was at last obliged to surrender himself prisoner. Almost the whole army, full of nobility and brave officers, either perished by the sword, or were drowned in the river. The few who escaped with their lives fell into the hands of the enemy. The emperor received this news by Pennalosa, who passed tlirough France by means of a safe-conduct granted him by tlie captive king. The moderatiou which bo disjilayed on this occasion, had it been sin- cere, would have done him honour. Instead of rejoic- ing, he exjiressed sympathy w illi Francis's ill fortune, and discovered his sense of those calamities to which the greatest monarchs are exposed. He refused the city of Madrid permission to make any public expres- sions of triumph ; and said that he reserved all his exultation till he should be able to obtain some victory ovei" the infidels. He sent orders to his frontier gar- risons to commit no hostilities upon France. He spoke of concluding, immediately, a peace on reasonable terms. But all this seeming moderation was only liy- pocrisy, so much the more dangerous as it was pro- found. And he was wholly occupied in forming schemes how, from this great incident, he might draw the utmost advantage, and gratify that cxoibitant ambition by which, in all his actions, he was ever governed. The same Pennalosa, in passing through France, carried also a letter from Francis to his mother, whom he had left regent, and who then resided at Lyons. It contained only these few words, " Madam, all is lost, except our honour." The princess was struck with the greatness of the calamity. She saw the kingdom with- out a sovereign, without an army, without generals, without money ; surrounded on every side by impla- cable and victorious enemies : and her chief resource, in her present distresses, were the hopes she enter- tained of peace, and even of assistance from the king of England. Had the king entered into the war against France from any concerted political views, it is evident that the victory of Pavia and the cajitivity of Francis were the most fortunate incidents tliat could have befallen him, and the only ones that could render his schemes eftectual. While the war was carried on in the for- mer feeble manner, without any decisive advantage, be might have been able to possess himself of some fron- tier town, or pcrh.aps of a small territory, of which he could not have kept possession without expending much more than its value. By some signal calamity alone, which annihilated the power of France, could he hope to acquire the dominion of considerable |)ro- vinces, or dismember that great monarchy, so ail'ec- tionate to its own government and its own sovereigns. But as it is probable that Heniy had never befoi-e car- ried his reflections so far, he was startled at this im- portant event, and became sensible of his own danger, as well as that of all Europe, from the loss of a proper counterpoise to the power of Charles. Instead of tak- ing advantage, therefore, of the distressed condition of Francis, he was determined to lend him assistance in his present calamities ; and, as the glory of generosity in raising a fallen enemy, concurred with his political interest, he hesitated the less in embracing these new measures. Some disgusts also had previously taken place be- tween Charles and Henry, and still more between Charles and Wolscy ; and that powerful minister waited only for a favourable opportunity of revenging the dis- appointments which he had met with. The behaviour of Charles, immediately after the' victory of Pavia, gave him occasion to revive the king's jealousy and suspicions. The emperor so ill supported the appear- ance of moderation, which he at first assumed, that he had already changed his usual style to Henry ; and, instead of writing to him with his own hand, and sub- scribing himself ^^ your affectionate son and consin ;" ho dictated his letters to a secretary, and simply subscribed himself " Charles." Wolsey also perceived a diminution in the caresses and professions with which the empe- ror's letters to him were formeily loaded; and this last imprudence, proceeding from the intoxication of success, was probably more dangerous to Charles's in« tcrests than the other. Henry, though immediately determined to cmbr.ioi" new measures, was careful to p-ave appearances in the C-iAi-. XXIX.] HENRY Vlir. 1509—1547. 35a cliange; and lie caused rejoicings to be cverj'wliere made on account of the victory of Pavia and the cap- tivity of Francis. lie publicly dismissed the French envoy, whom he had formerly allowed, notwithstand- in;,' the war, to reside at London : hut, upon the sub- inissivo applications of the regent of France, he again opened a correspondence with her ; and, besides assur- ing her of his friendship and protection, he exacted a promise that she never would consent to the dismem- bering of any province from the monarchy for her son's r.msom. With the emperor, however, lie put on the appearance of vigour and ciiter])iise ; and in order to have a pretence for brcaliiiig with him, he disjiatclied Toustal, bishop of London, to JIadrid, with proposals for a powerful invasion of Franco, lie required that Charles should immediately enter Guienne at the head of a great army, in order to put him in possession of that province ; and he demanded the payment of largo sums of money which that prince had borrowed from him in his last visit at London. lie knew that the emperor was in no condition of fulfiUinj^ either of these demands; and that he had as little inclination to make him master of such considerable territories upon the frontiers of Spain. Toustal, likewise, after his arrival at Madrid, in- formed his master that Charles, on his part, urged several complaints against Kiiglaud; and, in particular, was displeased with Henry, because last j'ear he had neither continued his monthly p.ayments to liourbon, nor invaded Picardy, according to his stipulations. Tonstal added, that instead of expressing an intention to espouse Mary when slie sliould be of age, the empe- ror h.ad hearkened to proposals for marrying his niece tsabella, princess of Portugal ; and that he had entered iuto a separate treaty with Francis, and seemed deter- mined to reap alone all the advantages of the success with which fortune had crowned his arms. The king, influenced by all these motives, concluded at Moore, liis alliance with the regent of France (30th August,) and eng.aged to procure her sou his lilieity on reasonable conditions : the regent also, in another treaty, acknowledged the kingdom Henry's debtor for one million eight hundred thousand crowns, to be discharged in half-yearly payments of fifty thousand crowns : after which Henry was to receive, during lite, a yearly pension of a hundred thousand. A large pre- sent of a hundred thousand crowns was also made to '\^'^oIsey for his good offices, but covered under the pretence of arrears duo on the pension granted luiu for relinquishing the administration of Tournay. DISCONTENTS OF THE ENGLISH. Meanwhile Henry, foreseeing that this treaty with France might involve him in a war with the emperor, was also determined to fill his treasury by impositions upon his own subjects ; and as the parliament had dis- covered some reluctance in complying with his de- mauds, ho followed, as is believed, the counsel of Wol- Bey, and resolved to make use of his prerogative alone for that purpose. He issued commissions to all the counties of England for levying four shillings in the pound upon the clergy, three shillings and fourpence upon the laity ; and so uncontrollable did he deem his authority, that he took no care to cover, as formerly, this arbitrary exaction, even under the slender pre- tence of a loan. But he soon found that he had pre- sumed too far on the passive submission of his subjects. The i>eople, displeased with an exaction beyond what was usually levied in those days, and further disgusted with the illegal method of imposing it, broke out in murmurs, complaiuts, opposition to the commissioners; and their refractory disposition threatened a general insurrection. Henry had the prudence to stop short in that dangerous path into which he had entered, lie sent letters to all the counties, declaring that he meant no force by this last imposition, and that he would take nothing from his subjects but by w.ay of benevo- VOL. I. lencc. He flattered himself that his condescension in employing that disguise would satisfy the people, and tliat no one would dare to render himself obnoxious to royal authority, by refusing any payment required of him in this manner. But the spirit of opposition, o.'ica roused, could not so easily be quieted at pleasure. A lawyer in the city, objecting the statute of Richard III., by which benevolences were for ever abolished, it was replied by the court, tliat Rich.ard being an usur- jier, and his p.arliamentafactious assembly, his statutes could not bind a lawful and absolule monarch, who held his crown by hereditary right, and needed not to court the favour of a licentious populace. The judges even went so far as to affirm positively, that tlie king might exact, by commission, any sum ho pleased ; and the privy-council gave a ready assent to this decree, which aiiniiiilatcd the most valuable privilege of the people, and rendered all tlieir other privileges precarious. Armed with sucli formidable authority, of royal pre- rogative and a pretence of law, Wolsey sent for the mayor of London, and desired to know what he was willing to give for the supply of his majesty's necessi- ties. The mayor seemed desirous, before he should declare himself, to cousnlt the common-council ; but the cardinal required that he and all the aldermen should separately confer with himself about the bene- volence ; and he eluded by that means tlie danger of a formed opposition. Matters, however, went not so smoothly in the country. An insurrection was begun in some places ; but as the people were not headed by any considerable person, it was easy for the duke of Suffolk, and the earl of Surrey, now duke of Norfolk, by employing jicrsuasion and authority, to induce the ringleaders to lay down their arms and surrender themselves prisoners. T!ie king, finding it dangerous to punish criminals engaged in so popular a cause, was determined, notwithstanding his violent imperious tem- per, to grant them a general pardon ; and he prudently imputed their guilt, not to their want of loyalty oi affection, but to their poverty. The offendc'rs weio carried before the star.chamber, where, alter a severe charge brought against them by the king's council, the cardinal said, " That, notwithstanding their grievous oft'ence, tlie king, in consideration of their necessities had granted them his gracious pardon upon condition that they would find sureties for their future good be- haviour." But they replying they had no sureties, the cardinal first, and after him the duke of Norfolk, s,->id that they would be bound for them. L^pon which they werH dismissed. These arbitrary impositions being imputed, though on what grounds is unknown, to the counsels of the cardinal, increased the general odium under which he laboured ; and the clemency of the pardon being ascribed to the king, was cousidered as an atonement on his part for the illegality of the measure. But Wolsoy, supported both by royal and papal authoritv, proceeded, without scruple, to violate all ecclesiastical privileges, which, during that age, were much more sacred than civil; and, having once prevailed in that unusual attempt of suppressing some monasteries, ho kept all the rest in awe, and exercised ever them an arbitrary jurisdiction. By his commis ion as legate, he was empowered to visit them, and reform them, and chastise their irregularities : and he employed his usual agent, Allen, in the exercise of this authority. The religious houses were obliged to compound for their guilt, real or pretended, by paying large snnis to the cardinal or his deputy ; and this oppression was carried so far that it reached at last the king's ears, which were not commonly open to complaiuts against his favourite. Wolsey liad built a splendid palace at Hampton Court, which he probably intended, as well as that of York Pl.ace, in Westminster, for his own residence; but fearing the increase of envy on account of this magnificence, and desirous to appease the king, he made him a preseut of the building, and told him fbat, from the first, he had erected it for his use. 2Z 354 THE HISTORY OF ENGLAND. [Chap. XXIX. The absolute authority possessed by the Uing, ren- dered his domestic government, botli over his people and his ministers, easy and expeditious : the conduct of foreign aflairs alone required effort and application : and they were now brought to such a situation, that it ■was no longer safe for England to remain entirely neutral. Tlie feigned moderation of the emperor was of short duration ; and it was soon obvious to all the world, that his great dominions, far from gratifying his ambition, were only regarded as the means of acquiring an empire more extensive. The terms which he demanded of his prisoner were such as must for ever have annihilated the power of France, and de- stroyed the balance of Europe. These terms were proposed to Fiancis soon after the battle of Pavia, while he was detained in Pizzichitone; and as he had hitherto trusted somewhat to the emperor's generosity, the disappointment excited in his breast the most lively indignation. He said, that he would rather live and die a prisoner, than agree to dismember his kingdom ; and that even were he so base as to submit to sucli conditions, his subjects would never permit him to carry them into execution. FRANCIS REMOVED TO MADRID. Francis was encouraged to persist in demanding more moderate terms by tlie favourable accounts which he lieard of Henry's dispositions towards him, and of the alarm which had seized all the chief powers in Italy upon his defeat and captivity. He was uneasy, how- ever, to be so far distant from the emperor, with whom he must treat ; and he expressed his desire (which was complied with) to be removed to Madrid, in hopes that a personal interview would operate in his favour, and that Charles, if not influenced by liis minis- ters, might be found possessed of the same frankness of disposition by which he himself was distinguished He was soon convinced of his mistake. Partly from want of exercise, partly from reflections on his present melancholy situation, he fell into a languishing illness ; which begat apprehensions in Charles, lest the death of his captive should bereave liim of all those advantages which he purposed to extort from him. lie then paid him a visit in the castle of Madrid ; and as he ap- proached the bed in which Francis lay, the sick monarch called to him, "You come, sir, to visit your jirisoner." — "No," replied the emperor; "I come to visit my brother and my friend, who shall soon obtain his liberty." He soothed his aiBictions with many speeches of a like nature, wliich had so good an eft'ect, that the king daily recovered, and thenceforth em- ployed himself in concerting with the ministers of the emperor the tei-ms of his treaty. 1526. At last the emperor, dreading a general com- biuation against him, was wiUing to abate somewhat of his rigour; and the treaty of Madrid was signed, (14th January,) by which it was hoped an end would be finally put to the differences between these great monarchs. The princip.al condition was the restoring of Francis's liberty, and the delivery of his two eldest sons as hostages to the emperor for the cession of Bur- gundy : if any difiiculty should afterwards occur in the execution of this last article, from the opposition of the states either of France or of that province, Francis stipulated, that in sbc weeks' time he should return to his prison, and remain there till the full performance of the treaty. There were many other articles in this famous convention, all of them extremely severe upon the captive monarch ; and Charles discovered evi- dently his intention of reducing Italy, as well as France, to subjection and dependence. Many of Charles's ministers foresaw that Francis, how solemn soever the oaths, promises, and protesta- tions exacted of him, never would exectite a treaty so disadvantageous, or rather ruinous and destructive, to himself, his posterity, and his country. By putting Burgundy, they thought, into the emperor's liands, he gave his powerful enemy an entrance into the heart of the lungdom ; by sacrificing his allies in Italy, he de- I)rived himself of foreign assistance ; and, arming his oppressor with the whole force and wealth of that opulent comitry, rendered him absolutely irresistible. To these great views of interest were added the mo- tives, no less cogent, of passion and resentment ; while Francis, a prince who piqued himself on generosity, re- flected on the rigour with wliieh he had been treated during his captivity, and the severe terms which had been exacted of him for the recovery of Ids Uberty. It was also foreseen, that the emulation and rivalship which had so long subsisted beiween these two mo- narchs, would make him feel the strongest reluctance on yielding the superiority to an antagonist, who, by the whole tenor of his conduct, he would be apt to think, had shown himself so Uttle worthy of that ad- vantage which fortune, and fortune alone, had put into his hands. His ministers, his friends, his sub- jects, his allies, would be sure with one voice to incul- cate into him, that the first object of a jiriuce was the preservation of his people ; and that the laws of honour, wliicli with a private man ought to be abso- lutely supreme, and superior to all interests, were, with a sovereign, subordinate to the great duty of en- suring the safety of his country. Nor could it be imagined that Francis would be so romantic iu his principles, as not to hearken to a casuistry which was so plausible in itself, and which so much flattered all the passions by which, either as a prince or a man, he was strongly actuated. FRANCIS RECOVERS HIS LIBERTY. March 18. Francis, on entering his own dominions, delivered his two eldest sons as hostages into the hands of the Spaniards. He mounted a Turkish horse, and imme- diately putting him to the gallop, he waved his hand, and cried aloud several times, " I am yet a king." He soon reached Bayonne, where he was jc)-fully received by the regent and his whole court. He immediately wrote to Henry, acknowledging that to his good offices alone he owed his liberty, and protesting that he should be entirely governed by his counsels in all transactions with the emperor. When the Spanish envoy demanded his ratification of tiie treaty of Ma- drid, now that he had fully recovered his liberty, he declined the proposal, under colour that it was previ- ously necessary to assemble the states both of France and of Burgundy, and to obtain their consent. The states of Burgundy soon met ; and declaring against the clause which contained an engagement for ahen- ating their province, they expressed their resolution of opposing, even by force of arms, the execution of so ruinous and unjust an article. The Imperial minister then required that Francis, iu conformity to the treaty of Madrid, should now retui'n to his prison ; but the French monarch, instead of complying, made public the treaty which a little before (22nd May) he had secretly concluded at Cognac, against the ambitious schemes and usurpations of the emperor. The pope, the Venetians, and pther Italian states, who were deeply interested in these events, had been held in the most anxious suspense with regard to the resolutions wliich Francis should take after the re- covery of his liberty ; and Clement, in particular, who suspected that tliis prince would never execute a treaty so hurtful to his interests, and even destructive of liis in- dependency, had very frankly offered him a dipensation from all Ms oaths and engagements. Francis remained not in suspense, but entered immediately into the con- federacy proposed to him. It was stipulated by that; king, the pope, the Venetians, the Swiss, the Floren- tines, and the duke of Milan, among other articles, that they would obhgo the emperor to deliver up the two young princes of France on receiving a reasonable sum of money ; and to restore Milan to Sforza, without further condition or incumbrance. The king of Eug- Chap XXIX.] HENRY VIII., 1509—1547. 36S land was invited to accede, not only as a contracting party, but as protector of the holy league, so it was called : and if Naples should be conquered from the emperor, in prosecution of this coufedei'acy, it was agreed that Henry should enjoy a principality in that kingdom, of the yearly revenue of 30,000 ducats : and that cardinal Wolscy, in consideration of the services which he had rendered to Christendom, should also, in such an event, be put in possession of a revenue of 10,000 ducats. Francis was desirous that the appearance of this great confederacy should engage the emperor to relax somewhat in the extreme rigour of the treaty of Ma- drid ; and while he entertained these hopes, he was the more remiss in his warlike preparations ; nor did he send in due time re-enforcement to his allies in Italy 1527. The duke of Bourbon had got possession of the whole Milanese, of which the emperor intended to grant him the investiture ; and baring levied a con- siderable army in Germany, he became formidable to all the Italian potentates ; and not the less so because Charles, destitute as usual of money, had not been able to remit any pay to the forces. The general was ex- tremely beloved liy his troops ; and in order to prevent those mutinies which were ready to break out every moment, and which their affection alone for him had hitlierto restrained, he led them to Rome, aud pro- mised to enrich them by the plunder of that opulent city. He was himself killed (6th May) as he was planting a scaling-ladder against the walls ; but liis soldiers rather enraged than discouraged by his death, mounted to the assault with the utmost valour, and entering the city sword in liand, exercised all those brutalities which m.iy be expected from ferocity ex- cited by resistance, and from insolence which takes place when that resistance is no more. This renowned city, exposed by her renown alone to so many calami- ties, never endured in any age, even from the barbari- ans by whom she was often subdued, such indignities as she was now compelled to suffer. The unrestrained massacre and pillage, which continued for several davs, were the le.ast ills to which the unhappy Romans were exposed. Whatever was respectable in modesty, or sacred in religion, seemed but the more to provoke the insults of the soldiery. Virgins suffered violation in the arms of tlieir parents, and upon those very altars to which they had fled for protection. Aged prelates, nfler enduring every indignity, and even every torture, were thrown into dungeons, and menaced with the most cruel death, in order to make them reveal their secret treasures, or purchase liberty by exorbitant ransoms. Clement himself, who had trusted for pro- tection to the sacredness of his character, and neg- lected to make his escape In time, was taken captive ; and found that his dignity, which procured him no re- gard from the Spanish soldiers, did but draw on him the insolent mockery of the Gennan, who, being gene- rally attached to the Lutheran principles, were pleased to gratify their animosity by the abasement of the sove- reign pontiff. Wlicn intelligence of this great event was conveyed to the emperor, that young prince, habituated to hypo- crisy, expressed the most jirofound sorrow for the suc- cess of his arms ; he put himself and all his court in mouraing ; he stopped the rejoicings for the birth of his son, Ph'lip ; and knowing that every artifice, how- ever gross, is able, when seconded by authority, to impose upon the people, he ordered prayers during several months to be put up in the churches for the pope's liberty ; which all men knew a letter under his hand could in a moment have procured. The concern expressed by ITenry and Francis for the calamity of their ally was more sincere. These two wonarchs, a few days before the sack of Rome, had concluded a treaty '(30th April) at Westminster, iu which, besides renewing former alliances, they agreed to send ambassadors to Charles, requiring him to ac- !*ept of two millions of crowns a' the ransor! of *h^ French princes, and to repay the money borrowed fh)m Henry ; and in case of refusal the ambassadors, at- tended by heralds, were ordered to denounce war against lum. This war it was :igreed to prosecute iu the Lovv- Countiies, with an army of thirty thousand infantry, and fifteen hundred men-at-arms, two-thirds to be suppUed by Francis, the rest by Henry. And in order to strengthen the alliance between the princes, it was stipulated that either Francis, or his son, the duke of Orleans, as should afterwards be agreed on, sliould espouse the princess Mary, Henry's daughter. No sooner did the monarchs receive intelligence of Bour- bon's enterprise, than they changed, by a new treaty, (2yth May,) the scene of the projected war from tho Netherlands to Italy ; and hearing of the pope's cap- tivity, they were fm-ther stimulated to undertake tho war with vigour for restoring him to liberty. Wolsey himself crossed the sea in order to have an interview with Francis, and to concert measures for that pur- pose ; (Uth July;) and he displayed all that grandeur and magnificence with which he was so much iritoxi- cated. He was attended by a train of a thousand horse. The cardinal of Lorraine and the chancelloi Alen<;on met him at Boulogne ; Francis himself, be- sides gianting to that haughty prelate the power of gi\-ing in every place where he came Hberty to all pri- soners, made a journey as far as Amiens to meet him, and even advanced some miles from the town, the more to honour his reception. It was here stipulated, that the duke of Orleans should espouse the princess JIary ; and as the emperor seemed to be taking some steps towards assembling a general coimcil, the two monarchs agreed not to acknowledge it; but during the interval of the pope's captivity to govern the churches in their respective dominions by theii- own authority. Wolsey made some attempts to get liis legatine power extended over France, and even over Germany ; but finding his efforts fruitless, he was obliged, though with great reluctance, to desist from these ambitious enterprises. LEAGUE WITH FRANCE. September 18. The more to cement the union between these princes, a new treaty was some time after concluded at London ; in which Henry agreed finally to renounce all claims to the crown of France ; claims which might now indeed be deemed chimerical, but which often served as a pretence for exciting the unwary English to wage war upon the French nation. As a return for this concession, Francis bound himself and his succes- sors to pay for ever fifty thousand crowns a-year to Henry and his successors ; and that greater solemnity might be given to this treaty, it was agreed that the parUaments and great nobility of both kingdoms should give their assent to it. The JIareschal, Montmorency, accompanied by many persons of distinction, and at- tended by a pompous equipage, was sent over to ratify the treaty ; aud was received at London with all tho parade which suited the solemnity of the occasion. The terror of the emperor's greatness had extinguished the ancient animosity between the nations; and Spain, during more than a century, became, though a more distant power, the cliief object of jealousy to the English. Tliis cordial union between France and England, though it added influence to the joint embassy which they sent to the emi>cror, was not able to bend that monarch to submit entirely to the conditions insisted on by the allies. He departed indeed firom his demand of Burgundy as the ransom of the French princes ; but he required, previously to their liberty, that Francis should evacuate Genoa, and all the fortresses held by him in Italy ; and he declared his intention of bringing Slorza to a trial, and confiscating the duchy of Milan, on account of his pretended treason. The English and French heralds, therefore, according to agreement, de- rlnred war against him, and set bun at defiauca 356 THE HISTORY OF ENGLAND. [Chai-. XXX. Charles answered the Eurjlisli Iierakl with moderation ; but to tlie Freiieli lie rejiroaelied his master with breach of i'aith, reminded him of the jirivate conversa- tion wliich liad passed betAvecu them at Jladrid before their separation, and oftered to prove, by sin^de combat, tliat he had acted dishonourably. Francis retaliated this challenge, by giving Charles the lie ; and after de- manding security of the field, he offered to maintain his cause by single-combat. JIany messages passed to and fro between them ; but though both princes were un- doubtedly brave, the intended duel never took place. The French and Sji;miards during that age zealously disp'.ited whieli of the monarchs incurred the blame of this failure ; but all men of moderation everywhere lamented the jiowcr of fortune, that the prince, the more candid, generous, and sincere, should by imhappy incidents have been reduced to so cruel a situation, that nothing but his violation of treaty could preserve liis i)eople, and that he must over after, without being able to make a proper reply, bear to be reproached with breach of promise by a rival, inferior to him both in honour and in virtue. But though this famous challenge between Charles and Francis had no immediate consequence with re- gard to these monarchs themselves, it produced a con- siderable alteiation on the manners of the age. The practice of challenges and duels, which had been part of the ancient barbarous jurisiirudcnce, which was still preserved on very solemn occasions, and wliieh was sometimes countenanced by the civil magistrate, began thenceforth to prevail in the most trivial inci- dents ; and men, on any affront or injury, thought themselves entitled, or even required in honour, to take revenge on their enemies, by openly vindicating their right in .single-combat. These absurd, tliougli generous maxims, shed much of the best blood in Christendom during more than two centuries; and not- withstanding the severity of law and .authority of rea- son, such is tlie prevailing force of custom, they arc far from biiiiig as yet entii'ely exploded. CHAPTER XXX. Scruples conecminB the KiiiK s Mamagc Ttic king enters into tliesc Smi pics .\nneHolcyn Henry .ipplles to the Pope for a Divorce Tli Pope favourrtltle The Kmperor threatens liim The Popes amlji puous Conduct 'l"he Cause evoked to Home Wolsey's Fall Com niencemcnt of the lleforination in England Foreign Affairs \Vol- sey's IJcath A Parliament Progress of the lleforniation ■ A rarliam:nt King's final Breach with Itomc A Parliament. NOTWITHSTANDING the submissive deference paid to pap.al authority before the Reformation, the marriage of Henry with Catherine of Arragon, his brother's widow, had not passed without much scruple and difficulty. The prejudices of the people were in general bent against a conjugal union between such near relations; and tlie late king, though he had be- trothed his son when that prince was but twelve years of age, gave evident jnoofs of his intention to take afterwards a proper opportunity of annuUiug the con- tract, lie ordered the young prince, as soon as he came of age, to enter a protestation against the mar- riage ; and on his death-bed he charged him, as his last injunction, not to finisli an alliance so unusual, and exposed to such insuperable objection. After the king's accession, some members of the privy-council, particularly Warham, tlie priiiiato, openly declared against the resolution of completing the marri.age ; and though Henry's youth and dissipation kept him during some time from entertaining any scruples with regard to the measure which he had embraced, there happened incidents suliicient to rouse his attention, and to inform him of the sentiments generally enter- lAiuod on that .subject. The stales of Casiile had opposed tlie emperor Charles's espousals with Sl.ary, Henry's daughter; and, among ether objections, had iusisted on the illegitimate birth of the young princess. And when the negociations were afterwartls opened with France, and mention was made of betrothing her to Francis or the duke of Orleans, the bishop of Tarbe, the French ambassador, revived the same objection. But though these events naturally raised some double in Henry's mind, there concurred other causes, which tended much to increase his remorse, aud render his conscience more scrupulous. The queen w.as older than the king by no less than si.x years; and the decay of her beauty, together with particular infirmities and diseases, had contributed, notwithstanding her blameless character and deport- mou t, to render her person unacceptable to him. Tlioug'h she had borne him several children, they all died in early infancy, except one daughter ; and he was the more struck with this misfortune, because the curse of being childless is the very threatening contained in the Mosaical law against those who espouse their brother's widow. The succession too of the crown was a consi- deration that occurred to every one, whenever tiie law- fulness of Henry's marriage was called in question ; and it was ap[)reliended, that if doubts of Mary's legi- timacy concurred with the weakness of her sex, the king of Scots, the next heir, would advance his pre- tensions, and might throw the kingdom into confusion. The evils, .as yet recent, of civil wars aiicl convulsions arising from a disputed title, made great impression on the minds of men, and rendered the people universally desirous of any event which might obviate so irreparable a cakamity. Aud the king was thus impelled, both by his private passions, and by motives of public interest, to seek the dissolution of his inauspicious, and as it was esteemed, unlawful marriage with Catherine. Henry afterwards affirmed that his scruples arose entirely from private reflection ; and that on cousnlt- ing his confessor, the bishop of Lincoln, he found the prelate possessed with the same doubts and difficulties. The king himself being so great a casuist and divine, next proceeded to examine the question more carefully by his own learning and study ; aud having had re- course to Thomas of Aquine, he o'oscrvcd that this celebrated doctor, whose authority was great in the church, and absolute with him, had treated of that very case, and had e.xjiressly declared against the law- fulness of such marriages. The prohibitions, said Thomas, contained in Leviticus, and among the rest that of marrying a brother's widow, are moral, eternal, and founded on a divine sanction ; and though the pope may dispense with the rules of the church, the laws of God cannot be set aside by any authority less than that which enacted them. The archbishop of Canterbury was then applied to ; and he was required to consult his brethren : all the prelates of England, except Fisher, bishop of Rochester, unanimously declared, under their hand and seal, that they deemed the king's marriage unlaw ful. AVolscy also fortified the king's scriqiles; partly with a view of promoting a total breach with the emperor, Cathcune's nephew ; partly desirous of connecting the king more closely Avith Francis, by marrying liim to the duchess of A!en9on, sister to that monarch ; and perhaps, too, somewhat disgusted with the queen herself, who had reproved him for certain freedoms unbefitting his character and station. But Henry was carried forw.ard, though perhaps not at first e.xcited, by a motive more forcible tlian even the suggestions of that powerful favourite. ANNE BOLEYN. Anno Boleyn, who lately appeared at court, had been appointed maid of honour to the queen; aud hav- ing had frequent opportunities of being seen by Henry, and of conversing with him, she had acquired an entire ascendant over his .ift'octious. This young lady, wdicw grandeur and misfortunes have rendered her so ccle- Chap. XXX.J HENRY VIII. 1.309—1547. 357 bratod, w.is (],iiif;litfr of sir Tlionitis Bolcyn, wlio Iiad been pmploypil liy tlie king in several eniliassies, and wlio was allied to all tlio principal nobility in tlie kingdom. His wife, mother to Anne, Avas daughter of tlie diike of Norfolk ; his own mother was daughter of the carl of Ormond ; his grandfather, sir Geoli'rey Uolcyn, who had been mayor of London, Iiad espoused one of the daughters and co-heirs of lord Hastings. Anne herself, though then in very early youth, had been carried over to Paris by the king's sister, when the princess espoused Louis XII. of France : and upon the demise of that monarch, and the return of his dowager into England, this damsel, wliose accomplish- irents, even in her tender years, were always much /(dmired, was retained in the service of Claude, queen of France, spouse to Francis; and after the deatli of that princess she passed into the family of the duchess of Alenfon, a woman of singular merit. The exact time when she returned to England is not certainly known ; but it was after the king had entertained doubts with regard to the lawfulness of his marriage with Catherine ; if the .account is to be credited which lie himself afterwards gave of that transaction. Henry's Bcniples had made him break off all conjugal com- merce with the queen ; but as he still supported an in- tercourse of civility and friendship with her, he had occasion, in the frequent visits which he paid her, to observe the beauty, the youth, the charms of Anne Boleyn. Finding the accomplishments of her mind nowise inferior to her e.Nteiior gr.aces, he even enter- tained the design of raising her to the throne ; and was the more confirnied in this resolution, when he found that her virtue and modesty prevented all hopes of gratifying his passion in any other manner. As every motive, therefore, of inclination and policy seemed thus to concur in m.aking the king desirous of a divorce from Catherine, and as his prospect of suc- cess was inviting, he resolved to m.ake application to Clement, and he sent Knight, his secretary, to Rome for that purpose. lIEXnY APPLIES TO THE POPE FOR A DIVORCE. That ho might not shock the hauglity claims of the pontiff, he resolved not to found the application on any general doubts concerning the papal power to permit marriage in the nearer degrees of cons,anguinity ; but only to insist on particular grounds of nullity in the bull which .lullus had granted for the marriage of Henry and Catherine. It was a maxim in the court of Rome, that if the pope be surprised into .any conces- sion, or grant any indulgence upon false suggestions, the bull m.ay afterwards be annulled; and this pre- tence had usu.illy been employed wherever one pope had recalled any deed executed by any of his prede- cessors. But .lulius's bull, when examined, afforded abundant ;natter of this kind ; and any tribunal fa- vourable to Henry needed not want a specious colour for gratifying him in his .applications for a divorce. It was said in the preamble, that the bull h.ad been granted upon his solicitation ; though it was known that at that time lie was under twelve years of age : it was also .affirmed, .as another motive for the bull, that the marriage was requisite, in order to preserve peace between the two crowns; though it is certain that there was not then .any ground or appearance of quar- rel between them. The false premises in Julius's bull seemed to afford Clement a sufficient reason or pre- tence for annulling it, and granting Henry a dispensa- tion for a so'ond marriage. THE POPE FAVOURABLE. But though the pretext fortius indulgence luidbeen Ies.") plausible, the pope was in such a situation that he had the strongest motives to embrace every oppor- tunity of gratifying the Englisn monarch. He was then a prisoner in the hands of the emperor, and had no hopes of recovering his liberty on any reasonable terms, except Ijy the efforts of the league which Henry had formed with Francis and the Italian powers, in order to oppose the ambition of Charles. When the ICnglish secretary, therefore, solicited him in pnvate, he received a very favourable answer; and a dispen- sation w.as forthwith promised to be granted to his master. Soon after, the march of a French army into Italy, under the command of L.autrcc, obliged the Im- perialists to restore Clement to his liberty; and ho re- tired to Orvietto, where the secretary, with sir Gregory Cassali, the king's resident at Rome, renewed their applications to him. They still found Iiiui full of high professions of friendship, gratitude, and attachment to the king; but not so prompt in granting his request as they expected. The emperor, who had got intelligence of Henry's application to Rome, had exacted a promise from the pope, to take no steps in the affair before he communicated them to the Imperial ministers; and Clement, embarrassed by this promise, and still more overawed by the emperor's forces in Italy, seemed willing to postpone those concessions desired of him by Henry. Importuned, however, by the English minis- ters, he at hast put into their hands a commission to Wolsey, as legate, in conjunction with the.ai-dibishoj) of Canterbury, or any other English prelate, to examine the validity of the king's marriage, and of Julius's dis- pensation : ho also granted them a provisional dispell- sation for the king's marriage with any other person , and promised to issue a decretal bull, annulling the mar- riage with Catherine. But he represented to them the dangerous consequences which must en>ne to him, if these concessions should come to the emperor's know- ledge; and he conjured them not to publish those papers, or make .any further use of them, till his .affairs were in such a situation as to secure his liberty and in- dependence. And his secret advice was, whenever they should find the proper time for opening the scene, that they should prevent all opposition, by proceeding immedi.-itely to a conclusion, by declaring the marriage with Catherine invalid, and hy Henry's instantly es- pousing some other person. Nor would it be so difficult, he said, fur himself to confirm these proceedings after they were passed, as jn-eviouslj' to render them valid by his consent and authority. 1528. When Henry received the commission and dispensation from his ambassadors, and was informed of the pope's advice, he laid the whole before bis mi- nisters, and asked their opinion in so dedicate a situ.a- tion. The I'nglish counsellors considered the danger of proceeding in the manner pointed' out to them. Should the pope refuse to ratify a deed, which he might justly call precipit.ate and irregular, and sliould he disavow the advice which he gave in so clandestine a manner, the king would find his second maiTiage totally invalidated ; the children, which it might bring him, decl.ared illegitimate; and his man-iagewith Catherine more firmly rivetted than ever. And Henry's appre- hensions of the possibiUty, or even probability of such an event, were much confirmed when he reflected on the character and situation of the sovereign pontiff. Clement was a prince of excellent judgment, when- over his timidity, to whicli he was extremely subject, allowed him to m.ake full use of those talents and that penetr/ition with which he was endowed. The cap- tivity and other misfortunes which he had undergone, by entering into a league against Charles, had so af- fected his imagination, that he never afterwards exerted himself with vigour in any public measure ; esjjecially if the interest or inclinations of that potentate stood in oi)position to him. The Imperial forces were at that time powerful in Italy, and might return to the attack of Rome, which was still defenceless, ant', exposed fo the same calamities with which it had already been overwhelmed. And besides these dangers, Clemeat ^ 358 THE HISTORY OF ENGLAND. rCnAP. XXX. fiinoiod liimself exposed to perils, which threatened still more immediately his person and his dignity. THE EMPEROR THREATENS lim. Charles, apprized of the timid disposition of tlie holy father, threw out perpetual menaces of summoning a general council ; which he represented as necessary to reform the church, and correct those enormous abuses ■which the ambition and avarice of the court of Rome had introduced into every branch of ecclesiastical ad- ministration. The power of the sovereign pontitf him- self, he said, required limitation ; his conduct called aloud for amendment; and even his title to the throne wliicli he tilled might justly be called in question. That pope had always passed for the natural son of Julian of Medicis, who was of the sovereign family of Flo- rence ; and though Leo X., his kinsman, had declared him legitimate, upon a pretended promise of marriage between his fiither and motlier, few believed tliat de- claration to he founded on any just reason or authority. Tiie canon law, indeed, had been entirely silent witli regard to the promotion of bastards to the papal throne ; but what was still dangerous, the people had entertained a violent prepossession that this stain in the birth of any person was incompatible with so holy an otBce. And in another point, the canon law was express and positive, that no man guilty of simony could attain that dignity. A severe hull of Julius II. liad added new sanctions to this law, by declaring, that a simoniacal election could not be rendered valid, even by a posterior consent of the cardinals. But unfor- tunately, Clement had given to cardinal Colonna a billet, containing promises of advancing that cardinal, in case he liimself should attain the papal dignity by his concurrence : and this billet, Colonna,, who was in entire dependence on tlie emperor, threatened every moment to expose to public view. "While Charles terrified the pope with these menaces, he also allured him by hopes which were no less preva- lent over his afi'ections. At the time when the empe- ror's forces sacked Rome, and reduced Clement to captivity, the Florentines, passionate for their ancient liberty, had taken advantage of his distresses, and, revolting against the family of Medicis, had entirely abolished their authority in Florence,and re-estabUshed the democracy. The better to protect themselves in their freedom, they had entered into the alUance with France, England, and Venice, against the emperor ; and Clement found, that, by this interest, the hands of his confederates were tied from assisting him in t ho restoration of his family ; the event which, of all others, lie most passionately desu-ed. The emperor alone, he knew, was able to effect this purpose ; and tlierefore, whatever professions he made of fidelity to his allies, he was always, on the least glimpse of hope, ready to embrace every proposal of a cordial reconciliation with that monarch. These views and interests of the pope were well known in England ; and as the opposition of the em- peror to Uenry's divorce was foreseen, both on account of the honour and interests of Catherine his aunt, and the obvious motive of distressing an enemy, it was esteemed dangerous to take any measure of conse- quence, in expectation of tlie subsequent concuiTence of a man of Clement's character, whose behaviour always contained so much duplicity, and who was at present so little at his own disposal. The safest measure seemed to consist in previously engaging liim so far, that he could not afterwards recede, and in making use of his present ambiguity and miccrtainty, to extort the most important concessions from him. For this purpose, Stephen Gardiner, the cardinal's secretary, and Edward Fo.x, the king's almoner, were dispatclicd to Rome, (lOtii February,) and were ordered to soUcit a com- mission from the pope, of such .a nature as would oblige him to confirm the sentence of the commissioners, ■whatever it .should be, and di.saWe him on any ac- count to recall the commission, or evoke the cause to Rome, THE POPE'S AMBIGUOUS CONDUCT, But the same reasons which made the king so de- sirous of obtaining this concession, confirmed the pope in the resolution of refusing it : lie was still determined to keep the door open for an agi-eement with the em- peror ; and he made no scruple of sacrificing all other considerations to a point which he deemed the most essential and important to liis own security, and to the greatness of his family. He granted, therefore, a new commission, in which cardinal Campeggio was joined to Wolsey, for the trial of tl:e king's marriage ; but he could not be prevailed on to insert the clause desired of him. And though he put into Gardiner's hand a letter promising not to recall the present com- mission, this promise was found, on examination, to be couched in such ambiguous terms as left him still the power, whenever he pleased, of departing from it. Campeggio lay under some obligations to the king; but liis dependence on the pope was so much greater, that he conformed himself entirely to the views of the latter ; and though he received his commission in April, he delayed his departure under so many pre- tences, that it was October before he arrived in Eng- land. The first step which he took was to cxliort the king to desist from the prosecution of his divorce ; and finding that this counsel gave offence, he said, that his intention was also to exhort the queen to take the vows in a convent, and th.at he thought it his duty pre\^iously to attempt an amicable composure of all differences. The more to pacify the king, he showed to him, as also to the cardinal, the decretal bull, annulling the former marriage with Catherine ; but no entreaties could pre- vail on him to make any other of the Idng's council privy to the secret. In order to alone in some degree for this obstinacy, he expressed to the king and the cardinal the pope's great desire of satisfying them in every reasonable demand ; and in particular, he showed that their request for suppressing some more monas- teries, and converting them into cathedrals and epis- copal sees, had obtained the consent of his holiness. These ambiguous circumstances in the behaviour of the pope and the legate, kept the court of England in suspense, and determined the king to wait with pa- tience the issue of such uncertain councils 1529. Fortune, meanwhile, seemed to promise hiiu a more sure and expeditious wa}" of extricating himself from his present difficulties. Clement was seized with a dangerous illness ; and the intrigues for electing his successor began already to take place among the cardi- nals. Wolsey, in particular, supported by the interest of England and of France, entertained hopes of mount- ing the throne of St. Peter ; and it appears, that if a vacancy had then happened, there was a probability of his reaching that summit of his ambition. But tlie pope recovered, though after several relapses ; and he returned to the same train of false and deceitful poli- tics, by which he had hitherto amused the court of England. He still flattered Henry with professions of the most cordial attachment, and promised him a sudden and favourable issue to his process : he still con- tinued his secret negociations with Charles, and perse- vered in the resolution of sacrificing all his promises, and all the interests of the Romisli religion, to the elevation of his iiimily. Campeggio, who was per- fectly acquainted with his views and intentions, pro- tracted the decision by the most artful delays, and gave Clement full leisure to adjust all the terms of luR treaty with the emperor. The emperor, acquainted ■with the king's extreice earnestness in this affair, was determined that he should obtain success by no other means than by an applica- tion to Iiim, and by deserting liis alliance with FranciK, Chap. XXX.] HENRY VIII. 1509—1547. 359 wliicli had liltherto siippoitcd, ajjainst the superior force of Spain, the tottering; state of tlie French mo- narchy, lie willingly hearkened, therefore, to tlie applications of Catherine, his aunt ; and promisinjj lier liis utmost protection, exhorted her never to yield to tlie malice and persecutions of her enemies. The queen herself was naturally of a firm and resolute tem- per ; and was engaged hy every motive to persevere in protesting against the injustice to which she thought herself exposed. The imputation of incest, which nas thrown upon her marriage with Henry, struck her witli the highest indignation : the illegitimacy of her daugh- ter, which seemed a necessary consequence, gave her the most just concern: the reluctance of yielding to a rival, who, she believed, had supplanted her in the king's affections, was a very natural motive. Actuated by all these considerations, she never ceased soliciting her nephew's assistance, and earnestly entreating an evocation of the cause to Rome, where alone she thought she could expect justice. And the emperor, in all his negociations with the pope,made the recall of the commission which Campeggio and Wolsey exer- cised in Englan d a fundamental article. TRIAL OF THE KING'S MARRIAGE. May3\. The two legates, meanwhile, opened their court at London, and cited the king and queen to appear before it. They both presented themselves; and the king answered to his name when called: but the queen, in- stead of answering to hers, rose from her seat, and throwing herself at the king's feet, made a very pa- thetic harangue, whit-li her virtue, her dignity, and her misfortunes, rendered the more affecting. She told him that she was a stranger in his dominions, without protection, without council, without assistance; exposed to all the injustice which her enemies were pleased to impose upon her : that she had quitted her native country without other resource than her con- nexions with him and his family, and had expected that, instead of suffering thence any violence or ini- quity, she was assured in them of a safeguard against every misfortune : that she had been his wife during twenty years, and would here appeal to himself, whether her affectionate submission to his will had not merited better treatment, than to be thus, after so long a time, thrown from liim with so much indignity : that she was conscious — he himself was assured — that her virgin honour was yet unstained, when he received her into his bed, and that her connexions with his brother had been carried no further than the ceremony of m-irriage : that their parent.s, the kings of England and Spain, were esteemed the wisest princes of their time, and had undoubtedly acted by the best advice, when they formed the agreement for that marriage, which was now represented as so criminal and unnatural : and that she acquiesced in their judgment, and would not submit her cause to be tried by a court, whose de- pendence on her enemies was too visible, ever to allow her any hopes of obtaining from them an equitable or impartial decision. Having spoken these words, she rose, and making the king a low reverence, she de- parted from the court, and never would again appear in it. After her departure, the king did her the justice to acknowledge that she had ever been a dutiful and af- fectionate wife, and that the whole tenour of her beha- viour had been conformable to the strictest rules of probity and honour. lie only insisted on his own scruples with regard to the lawfulness of their mar- riage ; and he explained the origin, the progress, and the foundation of those doubts by which he had been so long and so violently agitated. He acquitted cardi- nal Wolsey from having any hand in encouraging his scruples ; and ho craved a sentence of the court agree- able to the justice on his cause. The legates, after citing the queen anew, declared her contumacious, notwitlistauding her appeal to Rome; and then proceeded to the examination of the cause. Tlie first point which came before them was the proof of prince Arthur's consummation of his marriage with Catherine; and it must be confessed, that no stronger arguments could reasonably be expected of such a fact after so long an interval. The age of the prince, who had passed his fifteenth year, the good state of his healtli, the long time that he had coliabited with his consort, many of his expressions to that very purpose; all these circumstances form a violent presumption in favour of the king's .assertion. Henry himself, after his brother's death, was not allowed for some time to bear the title of prince of Wales, in expectation of her pregnancy : the Spanish ambassadoi-, in order the bet- ter to ensure possession of her jointure, had sent over to Spain proofs of the consummation of her marriage : Julius's bull itself was (bunded on the supposition that Arthur had perhaps had knowledge of the princess : in the very treaty, fixing Henry's marriage, the consum- mation of the former marriage with prince Arthur is acknowledged on both sides. These particulars were all laid before the court ; accompanied with many re.asonings concerning the extent of the pope's autho- rity, and against his power of granting a dispensation to marry within the prohibited degrees. Campeggio heard these doctrines with great impatience ; and, notwithstanding his resolution to protract the c.iuse, he was often tempted to interrupt and silence the king's counsel, when they insisted on such disagreeable topics. The trial was spun out till the 23rd of July ; and Campeggio chiefly took on him the part of con- ducting it. Wolsey, though the elder cardinal, per- mitted him to act as president of the court ; because it was thought that a trial managed by an Italian car- dinal would carry the appearance of greater candour and impartiality, than if the king's own minister and favourite had presided in it. The business now seemed to be drawing near to a period ; and the king was every d.ay in expectation of a sentence in his favour; when to his great surprise, Campeggio, on a sudden, without any warning, and upon very frivolous pretences, pro- rogued the court till the first of October. The evoca- tion, which came a few days after from Rome, put an end to all the hopes of success which the king had so long and so anxiously cherished. During the time that the trial was carried on before the legates at London, the emperor had, by his minis- ters, earnestly solicited Clement to evoke the cause ; and had employed every topic of hope or terror which could operate either on the ambition or timidity of the pontiff. The English ambassadors, on the other hand, in conjunction with the French, had been no less ear- nest in their applications, that the legates should be allowed to finish the trial ; but though they employed the same engines of promises and menaces, the motives which they could set before the pope were not so urgent or immediate as those which were held up to him by the emperor. The dread of losing England, and of fortifyiug the Lutherans by so considerable an acces- sion, made small impression on Clement's mind, in comparison of the anxiety for his personal safety, and the fond desire of restoring the Medicis to their domi- nion in Florence. As soon, therefore, as he had ad- justed all terms with the emperor, he laid hold of the pretence of justice, which required him, as he asserted, to pay regard to the queen's appeal ; and suspending the commission of the legates, he adjourned the cause to his own personal judgment at Rome. Campeggio had, beforehand, received private orders delivered by Campana to burn the decretal bull with which he was entrusted. Wolsey had long foreseen this measure as the sure forenmner of his ruin. Though he had at first desired that the king should rather marry a French princess tliiin Anne Boleyn, he had employed himself with the utmost assiduity aud earnestness to bring the affair to a happy issue. He was not, therefore, to be blamed for tlie unprosperous event which Clement's partiality 360 THE HISTORY OF ENGLAND. [Chap. XXX had produced. But lie had sufficient experience ol' the extreme ardour and iinpatiencc of Henry's teuipcr, who could bear no contradiction, and who was wont, without exaniinalion or distinction, to make his minis- ters answerable for tlie success of those transactions with which they were entrusted. Anne Boleyn also, who was prcjiossessed against him, had imputed to 1dm the faUure of her hopes; and as she was newly returned to court, whence she had been removed from a regard to decency during the trial before the legates, she had naturally accpnrcd an additional influence on Henry, and she served nuicli to fortify his prejudices against the cardinal. Even the queen and her parti- sans, judging of Wolsey by the part which he had openly acted, had expressed great animosity against him ; and the most opposite factions seemed now to combine in the ruin of tliis haughty minister. The high opinion itself, which Henry had entertained of the cardinal's capacity, tended to hasten his downf.ill ; while he imputed the bad success of that minister's undertakings, not to ill fortune, or to mistake, but to the m.alignity or infidelity of his intentions. The blow, however, fell not instantly on his head. The king, who probably could not justify by any good reason his alienation from his .ancient favourite, seems to li.ave remained some time in suspense ; and hei-eceivcd him, if not with all his former kindness, at least with the appearance of trust and regard. WOLSEYS FALL. But constant experience evinces how rarely a high confidence and affection receives the least diminution, without sinking into absolute indifference, or even running into the opposite extreme. Tlie king now determined to bring on the ruin of the cardinal with a motion almost as precipitate as he had formerly em- ployed in his elevation. The dukes of Norfolk and Suf- folk were scut (18th October) to require the great seal from him ; and on his scrupling to deliver it without a more express warrant, Henry wrote him a letter, upon which it was surrendered, and it was delivered by the king to sir Thomas Jlore, a man who, besides the ornaments of an elegant liler.ature, possessed the high- est virtue, integrity, and capacity. Wolsey was ordered to depart from Yorlc-place, a palace which be had binlt in London, and which, though it really belonged to the see of York, was Beized by Henry, and became afterwards the residence of tlie kings of England, by the title of Whitehall. All his furniture and plate were also seized : their riches .and splendour befitted rather a royiil than a private fortune. The walls of his palace were covered with cloth of gold, or clotli of silver ; he had a cup- board of plate of massy gold : there were found a thousand pieces of fine bolland belonging to him. The rest of his riches and furniture was in proportion ; and liis opulence was, probably, no sm.all inducement to this violent persecution against him. The cardinal was ordered to retire to Ashcr, a country-seat which he possessed near Hampton Court. The world that had paid him such abject court during his prosperity, now entirely deserted him on tliis fatal reverse of all his fortunes. He himself w.as much dejected witli the change ; and from the same turn of mind which li.ad made him be so vainly elated with his grandeur, he felt the stroke of adversity with double rigour. The smallest appearance of his return to favour threw him into transports of joy unbecoming a man. The king had seemed willing, during some time, to intermit the blows which overwhelmed him. He gr.anted him his protection, and left him in posses- sion of the sees of York and Winchester. He even sent him a gracious mess.age accompanied with a ring, as a testimony of his .affection. Wolsey, who w.as on horseback when the messenger met him, immediately alighted ; and throwing himself on his knees hi the mire, received, in that humble attitude, these marks of luB majesty's gracious disposition towards him. But his enemies, who dreaded his return to court, never ceased plying the king with accounts of his several offences; and Anne Boleyn, in p.articular, con tiibuled her endeavours, in conjunction with her uncle the duke of Norfolk, to exclude him from all hopes of ever being reinstated in his former authority, lie dismissed, therefore, his numerous retinue ; and .as ho was a kind and beneficent mastei', the separation passed not without a plentiful effusion of tears on both sides. The king's heart, notwithstanding some gleams of kindness, seemed now tot.ally hardened .against his old favourite. He ordered him to be indicted in the star- chamber, where a sentence was passed against him. And not content with this severity, he .abandoned him to all the rigour of the parliament, which now, after ,a long interval, w.as ag.ain assembled. The house of lords (in November) voted a long ch.arge against Wol- sey, consisting of forty-four articles ; and .accoinjianied it with an application to the king for his jiunishment, and his removal from all authority. Little opposition was made to this charge in the upper house : no evi- dence of any part of it was so much as called for ; and as it chiefly consists of general accusations, it was scarcely susceptible of any. [See note 2 T, at the end of this Vol.2 The articles were sent down to the house of commons; where Thomas Cromwell, formerly a servant of the cardinal's, and who had been raised by him from a very low station, defended his unfortunate patron with such spirit, generosity, and courage, as acquired him great honour, and laid the foundation of that favour which he afterwards enjoyed with the king. AVolsey's enemies finding that either his iunocenco or his caution prevented them from having any just ground of accusing him, had i-ecourse to a very extra- ordinary expedient. An indictment was laid against him ; that, contnary to a statute of Rich.ard IL, com- monly called the st.atute of provisors, he had procured bulls from Home, particularly one investing him with the legatine power, which he had exercised with very extensive authority. He confessed the indictment, pleaded ignorance of the statute, and threw himself on the king's mercy. He was, perhaps, within reach of the law ; but besides that this statute had fallen into disuse, nothing could be more rigorous and severe, than to impute to him as a crime what he had openly, during the course of so many ye.ars, practised with the consent and approbation of the king, and the acqui- escence of the p.arliament and kingdom; not to men- tion, what he always asserted, .and what we can scarcely doubt of, that he had obtained the royal licence in the most formal manner, which, had he not been appre- hensive of the dangers attending .any opposition to Henry's lawless will, he might have pleaded in his own defence before the judges. Sentence, however, was pronounced against him, "that he w,as out of the king's protection; his lands and goods forfeited; and that his person might be committed to custody." But this prosecution of Wolsey was carried no further, Henry even granted him a pardon lor all offences ; restored him p.art of his plate iind-furniture; and still continued from time to time to drop expressions of favour and compassion towards him. COMMENCEMENT OF THE REFORMATION IN ENGLAND. The complaints against the usurpations of the eccle- siastics had been very ancient in England, as well as in most other European kingdoms; and as this topic was now become popular everywhere, it had paved the way for the Lutheran tenets, and reconciled the people in some measure to the frightful idea of heresy and inno- vation. The commons, finding the occasion favourable, passed sever.al bills restrainiiig the impositions of the clergy; one for the regulating of mortuaries; another against the exactions for the probates of wills;'' a * These cxneOons were oiiitt'nrliitTary.nrid hAd arisen to a great heiglit. . A mcmlicr said in tlie house, that a tnousand marks hud licen e.\acced from hljii on tliat account HaU, fol. UtU. Slryiic, vol. i. p. 7>^' Chap. XXX.J HENRY VIII. 1609—1.547. 361 tliird a;,'aiiist noi'.-iesidi'nco and jiliimlities, and against tliurchnien's boin;» farmers of land. lUit what ap- peared chiefly dangerous to the ecclesiastical order, were llie severe invectives thrown out almost without opposition in the house against the dissolute lives of the priests, their ambition, their avarice, and their endless encroachments on the laity. Lord Herbert has even preserved tlio speech of a gentleman of Gray's- Inn, which is of a singular nature, and contains such topics as we shoidd little e.xpect to meet with during that period. The member insists upon the vast variety of theological opinions which prevailed in dift'ercnt nations .and ages ; the endless inextricable controver- sies maintained by the several sects ; the impossibility that any man, much less the people, could ever know, much less examine, the tenets and principles of every sect ; the necessity of ignorance, and a suspense of judgment with regard to all those objects of dispute : and upon the whole he infers, that the only religion obligatory on mankind is the belief of one supreme Being, the author of nature; and the necessity cf good morals, in order to obtain his favour and protec- tion. Such sentiments would be deemed latitudinarian, even in our time; and would not be .advanced without some precaution in a public assembly. But thougli the first broaching of religious controversy might en- courage the sceptical turn in a frw persons of a stu- dious disposition ; the zeal with which men soon after attached themselves to their several parties, served oirectually to banish for a long time all such obnoxious liberties. The bills for regulating the clergy met with some oiiposilion in the house of lords. Bisliop Fisher, in particular, imputed these measures of the commons to their want of faith ; and to a formed design derived from heretical and Lutheran piinciples, of robbing the church of her patrimony, and overturning the national rel'gion. The duke of Norfolk reproved the prelate in severe and even somewhat indecent terms. He told him that the greatest clerks were not always the wisest men. But Fisher replied, that he did not remember any tools in his time who had proved great clerks. The exceptions taken at the bishop of Koclicster's speech stopped not there. The commons, by the uioutli of sir Thomas .\udley, their speaker, made complaints to the king of the reflections thrown upon them; and the bishop was obliged to put a more fa- vour.able construction on his words. Henry was not displeased that the court of Rome and the clergy should be sensible that they were en- tirely dependent on him, and that his parliament, if he were willing to second their inclinations, was sufii- ciently disposed to reduce the power ami privileges of the ecclcsi.astics. The commons gratified the king in another particular of moment : they granted him .a discharge of .all those debts which he had contracted since the beginning of his reign ; and they grounded this bill, which occasioned many complaints, on a pre- tence of the king's great care of the nation, and of his regularly employing all the money which lie had bor- rowed in the public service. Most of the king's cre- ditors consisted of friends to the cardinal, who had been engaged by their patron to contribute to the sup- ply of Henry's necessities ; and the present courtiers were well pleased to t,ake the opportunity of mulcting them. Several also approved of an expedient which they hoped would ever after discredit a method of sup- ply so irregular and so unparliamentary. FOUEIGN AFFAIRS. The domestic transactions of England were at present so interesting to the king, that they chiefly engaged his attention ; and he regarded foreign'afFairs only in subor- dination to them. He had declared war against the emperor; but the mutual advantages reaped by the commerce between England and the Netherlands, had engaged him to stipulate a neutrality with those pro- VOL. I. vinces ; and, except by money contributed to the Italian wars, be had in effect exercised no hostility against any of the Imperi.Tl dominions. A general peace w.as this summer established in Europe. Margaret of Austria, and Louisa of Savoy, met at Canibray, and settled the terms of pacification between the French king and the emperor. Charles accepted of two millions of crowns in lieu of Burgundy; and he delivered up the two princes of France, whom he had retained as hostages. Henry w;is on this occasion so generous to his fiicud and ally Francis, that he sent him an .acquittal of near f>O0,000 crowns which that prince owed him. Francis's Italian confederates were not so well satisfied as tlio king with the peace of Cambray; they were almost wholly abandoned to the will of the emperor; and seemed to have no means of security left but his equity and moderation. Florence, after a bi'ave resistanco, was subdued by the Imperial arms, and fin.ally de- livered over to the dominion of the family of Medicis. The Venetians were better treated; they were only obliged to relinquish some acquisitions which they had nuide on the coast of Najiles. Even Francis Sforza obtained the investiture of Milan, and was pardoned for all past offences. The emperor in person passed into Italy with a magnificent train, and received the Imperial crown from the hands of the pope at Bologna. He was but twenty-nine years of age; and havino' already by his vigour and capacity succeeded in every enterprise, and reduced to captivity the two greatest potentates in Europe, the one spiritual, the other tem- poral, he attracted the eyes of all men ; and many prognostications wci-e formed of his growing empire. But though Charles seemed to be prosperous on every side, and though tlie conquest of Mexico and Peru now began to prevent that scarcity of money mi- der which he had hitherto laboured, he found himself threatened with difficulties in Germany ; and his desire of surmounting them was the chief cause of his grant- ing such moderate conditions to the Italian powers. Sultan Solyman, the greatest and most accomplished prince that ever sat on the Ottoman throne, had almost entirely subdued Hungary, had besieged Vienna, and though repulsed, still menaced the hereditary dominions of the house of Austria with conquest and subjection. The Lutheran princes of the empire, finding that liberty of conscience was denied them, had combined in a league for their own defence at Smalcalde ; and because they protested against the votes p.assed in the imperial diet, they thenceforth received the appellation of Proieslanls. Charles had undertaken to reduce them to obedience ; and on pretence of securing the purity of religion, he had laid a scheme for aggran- dizing his own family, by extending his dcmiuiou over all Germany. The friendship of Henry was one material circum- stance yet wanting to Cliarles, in order to ensure suc- cess in his ambitious enterju'ises; and the king was sufficiently apprized, tliat the concurrence of that prince would at once remove all the difficulties which lay in the way of his divorce ; that point which had long been the object of his most earnest wishes. But besides that the interests of his kingdom seemed to require an alliance Avith France, his haughty spirit could not submit to a friendsliip imposed on him by con- straint ; and as he had ever been accustomed to receive courtship, deference, and solicitation from the greatest potentates, he could ill brook that dependence to which this unhappy affair seemed to have reduced him. Amidst the anxieties with which he was agitated hs was often tempted to break off all connexions with the court of Rome ; and though he had been educated in a superstitious reverence to papal authority, it is likely that his personal experience of the duplicity and selfisJi politics of Clement had served much to open his eyes in that p.articuhir. He found his pi-erogative firmly established at home : he observed, that his people were in general much disgusted with clerical usurpations, and disposed to reduce the powers and privileges of the 3A 362 THE HISTORY OF ENGLAND. [Chap. XXX, ecclpsiastical oHpv: lio knew tliat they had cordially taken part witli liim in his prosecution of the divorce, and highly resented tlie unworthy treatment which, after so many services and such devoted attaclinicnt, ho had received from the court of Rome. Anne Boleyn also could not fail to use all her efforts, and employ every insinuation, in order to make him proceed to extremities against the pope; both as it was the rea- diest way to her attaining royal dignity, and as her education in the court of the duchess of Alenpon, a princess inclined to the reformers, had already dis- posed her to a belief of the new doctrines. But not- witlistanding these inducements, Henry had strong motives still to desire a good agreement with the sove- reign pontiff. He apprehended the danger of suih great innovations : he dreaded the reproach of heresy : lie abhorred all connexions with the Lutherans, the chief opponents of the papal power : and having once exerted himself with such applause, as he ima- gined, in defence of the Romish communion, he was ashamed to retract his former opinions, and betray from passion such a palpable inconsistency. While he was agitated by these contrary motives, an expedi- ent was proposed, which, as it promised a solution of all difficulties, was embraced by him with the greatest joy and satisfaction. THE UNIVERSITIES CONSULTED ABOUT THE KING'S MARRIAGE. Dr. Thomas Cranmer, fellow of Jesus College in Cambridge, was a man remarkable in that university for his learning, and still more for the candour and disinterestedness of his temper. He fell one evening by accident into company with Gardiner, now secretary of state, and Fox, the king's almoner ; and as the busi- ness of the divorce became the subject of conversation, he observed that the readiest way, eitlier to q\iiet Henry's conscience, or extort the pope's consent, would be to consult all the universities of Europe with regard to tliis controverted point : if they agreed to approve of the king's marriage with Catherine, his remorses would naturally cease ; if they condemned it, the pope would find it difficult to resist the solicitations of so great a monarch, seconded by the opinion of all the learned men in Christendom. When the king was informed of the proposal, he was delighted with it ; and swore, with more alacrity than delicacy, tliat Cranmer had got the right sow by the ear : he sent for that divine ; entered into conversation with him ; con- ceived a liigli opinion of his virtue and understanding; engaged him to write in defence of the divorce; and immediately, in prosecution of the scheme proposed, employed his agents to collect the judgments of all the universities in Europe. Had the question of Henry's marriage with Cathe- rine been examined by the principles of sound philo- sophy, exempt from superstition, it seemed not liable to much difficulty. The natural reason why marriage in certain degrees is prohibited by the ci\'il laws, and condemned by the moral sentiments of all nations, is derived from men's care to preserve purity of manners ; while they reflect, that if a commerce of love were authorized between near relations, the frequent oppor- tunities of intimate conversation, especially during early youth, would introduce an universal dissoluteness and corruption. But as the customs of countries vary considerably, and open an intercourse more or less restrained between different families, or between the several members of the same family, we find that the moral precept varying with its cause, is susceptible, without any inconvenience, of very different latitude in the several ages and nations of the world. The extreme delicacy of the Greeks permitted no commu- nication between persons of different sexes, except where they lived under the same roof; and even the apartments of a step-mother and her daughters were almost as much shut up against visits from the hus- band's sons, as against tho.se from any stranger or more distant relation : hence, in that nation it was lawful for a man to marry not only his niece, but his half-sister by the father: a liberty unknown to the Romans and other nations, where a moio open intercourse was authorized between the sexes. Reasoning from this principle it would appear, that the ordinary commerce of life among great princes is so obstructed by cere- mony and numerous attendants, that no ill consequence would result among them from marrying a brother's widow ; especially if the dispens.ation of the supreme priest be previously required, in order to justify what may in common cases be condemned, and to hinder the precedent from becoming too common and familiar. And as strong motives of public interest and tranquil lity may frequently require such alliances between the foreign families, there is the less reason for extending towards them the full rigour of the nile which has place among individuals. [See note 2 U, at the end of this I'd/.] But, in opposition to these reasons, and many more which miglit be collected, Henry had custom and pre- cedent on his side ; the principle bj- which men are almost wholly governed in their actions and opinion.?. The marrying of a brother's widow was so unusual, that no other instance of it could be found in any his- tory or record of any Christian nation ; and though the popes were accustomed to dispense with more essential precepts of morality, and even permitted marriages within other proliibited degi'ees, such as those of uncle and niece, the imaginations of men were not yet reconciled to this particular exercise of his authority. Several universities of Eui'ope, therefore, witliout hesitation, as well .as without interest or re- ward, gave verdict in the king's favour [1530 ;) not only those of France, Paris, Orleans, Bourges, Toulouse, Anglers, which might be supposed to lie under the in- fluence of their prince, ally to Henry ; but also those of Italy, Venice, Ferrara, Padua ; even Bologne itself, though under the immediate jurisdiction of Clement. Oxford alone, and Cambridge, made some difficulty; because tliese universities, alarmed at the progress of Lutheranism, and dreading a defection from the holy see scrupled to give their sanction to measures whose con • sequences they feared would prove fatal to the ancient religion. Their opinion, however, conformable to that of the other universities of Europe, was at last ob- tained: and the king, in order to give more weight to all those authorities, engaged his nobility to write a letter to the pope, recommending his cause to the holy father, and threatening him with the most dangerous consequences in case of a denial of justice. The con- vocations too, both of Canterbury and York, pro- nounced the king's marri.age invalid, irregular, and contrary to the law of God, witli which no human power h.ad .authority to dispense. But Clement, lying still under the influence of the emperor, continued to summon the king to appear, either Iiy himself or proxy, before his tribunal at Rome ; and the king, who knew th.at he could expect no fair trial there, refused to sub- mit to such a condition, and would not ev?n admit of any citation, which he regarded as a high insult, and a violation of his royal prerogative. The father of Anne Boleyn, created earl of Wiltshire, carried to the pope the king's reasons for not appearing by proxy ; and, as the first instance of disrespect from England, refused to kiss liis holiness's foot, which he very graciously held out to him for that purpose. The extremities to which Henry was pushed, both against the pope .and the ecclesiastical order, were na- turally disagreeable to cardinal AVolsey ; and as Henry foresaw his opposition, it is the most probable reason that can be assigned for his renewing the prosecution against his ancient favourite. After Wolsey had re- mained some time at Asher, he was allowed to remove to Richmond, a pal.ace which ho had received as a pre- sent from Henry, in return for Hampton Court : but the courtiers, dreading still his vicinity to the kin^, Chap. XXX. 1 HENRY Till. 1509—1647. 3C3 procnrcd nn ordpr for liiin to remove to lii.s see at York. The (Mnliiial knew it was in vuin to resist : lie took lip liis residence at C'awood in Yorltsliiro, where ho rendered liimself extr?n\oly popular in tlie neigli- boiirliood by liis affiibility and hospit.ility ; l)ut he was not .allowed to remain long nnmoleste prevailed on to acknowledge any opinion so contrary to his principles as that of the king's supremacy; and though Henry exacted that compliance from the whole nation, there was as yet no law obliging any one to lake an oath to that purpose. Rich, the solicitor-general, was sent to confer with ifore, then a prisoner, who kept a cautious silence with regard to the supremacy : he was only inveigled to say, that any question with regard to the law which established that prerogative, was a two- edged sword ; if a pei"son answer one way, it will con- found his soul ; if another, it will destroy his body. No more was wanted to found an indictment of high- treason against the prisoner. His silence was called malicious, and made a part of his crime; and these words, which had casually dropped from liini, were intcrpi'eted as a denial of the supremacy. Trials were mere formalities during this reign : the jury gave sen- tence against Store, who had long expected his fate, and who needed no preparation to fortify him against the terrors of death. Not only his constancy, but even his cheerfulness, nay, his usual facetiousncss, never forsook him ; and he made a sacrifice of his life to his integrity, with the same indifference that he maintained in any ordinary occurrence. When he was mounting the scaftbld, he said to one, " Friend, help mo up; and when I come down again, let me shift for myself." The executioner asking him forgiveness, he granted the request, but told him, "You will never get credit by beheading me, my neck is so short." Then laying his head on the block, he bade the executioner stay till he put a-side his beard : "For," said he, "it never com- mitted treason." Nothing was wanting to the glory of tliis end, except a better cause, more free from weak- ness and superstition. But as the man followed his principles and sense of duty, however misguided, his constancy and integrity are not loss the objects of our admiration. He was beheaded (Gth July) in the fifty- third year of his age. When the execution of Fisher and More was re- ported at Rome, especially that of the former, who was invested with the dignity of cardinal, every one discovered the most violent rage against the king ; and numerous libels were published by the wits and orators of Italy, comparing him to Calignla, Nero, Domitian, and all the most unrelenting tyrants of antiquity. Clement VII. had died about six months after he pro- nounced sentence against the king ; and Paul III., of the name of Farnese, had succeeded to the papal throne. The pontiff, who, while cardinal, had always fovoured Henry's cause, had hoped that, personal ani- mosities being buried with his predecessor, it might not be impossible to form an agreement with England : and the king himself was so desirous of accommodating matters, that in a negociation which he entered into wi'h Francis a little before this time, he required that that monarch should conciliate a friendship between him and the court of Rome. But Henry was accus- tomed to prescribe, not to receive terms ; and even while he was negociating for peace, his usual violence often carried him to commit offences which rendered tlie quarrel totally incurable. The execution of Fisher was regarded by Paul as so capital an injury, that he immediately passed censures against the king, (SOth August,) citing him and all his adherents to appear iu Rome within ninety days, in order to answer for their crimes : if thev failed, he excommunicated them ; de- prived the king of his crown ; laid the kingdom under an interdict ; declared his issue by Anne Boleyn ille- gitimate ; dissolved all leagues which any catholic princes had made with him ; gave his kingdom to any invader; commanded the nobility to take nrmf against him; freed his subjects from all oaths of allegiance ; cut off their commerce with foreign states ; and de- clared it lawful for any one to seize them, to maico slaves of their persons, and to convert their effects to his own use. But thonijh these censures were passed, they were not at that time openly denounced : the pojio dcdayed their ])ublication till he should find an agreement with England entirely desperate; and till the emperor, who was at that time hard piessed by tlie Turks and the protestant princes in Germany, should bo in a condition to carry the sentence into execution. The king knew that he might expect any injury wliich it should be in Charles's power to infiiet ; and he therefore made it the chief object of his policy to incapacitate that monarch from wreaking his resent- ment upon him. He renewed his friendship with Francis, and opened negociations for marrying his infant d.aughter, Elizabeth, with the duke of Angou- leme, third son of Francis. The two monarchs also made advances to the princes of the protestant league in Germany, ever jealous of the emperor's ambition; and Henry, besides remitting them some money, sent Fox, bishop of Hereford, as Francis did liellay, lord of Langley, to treat with them. But during the first fer- vours of the Reformation, an agreement in theological tenets was held, as well as a union of interests, to be essential to a good corresjjondence among states ; and though both Francis and Henry flattered the German princes with hopes of their embracing the confession of Augsburg, it was looked upon as a bad symptom of their sincerity, that they exercised such extreme rigour against all preachers of the Reformation in their re- spective dominions. Henry carried the feint so far, that, while lie thought himself the first theologian in the world, he yet invited over Jlelancthon, Bucer, Stur- mius, Draco, and other German divines, that they might confer with him, and instruct him in the foundation of their tenets. These theologians were now of great importance in the world ; and no poet or philosopher, even in ancient Greece, where they were treated with most respect, had ever reached equal applause and ad- miration with those wretched composers of metaphy- sical polemics. The German princes told the king that they could not spare their divines; and as Henry liad no hopes of agreement with such zealous disputants, and knew that in Germany the followers of Luther would not associate with the disciples of Zuinglius, because, though they agreed in everything else, they difl'ered in some minute particulars with regard to the ench.irisl, he was the more indifferent on account of this refusal. He could also foresee, that even while the le.tgue of Smalcalde did not act in concert with him, they would always he carried by their interests to oppose the emperor : and the hatred between Francis and that monarch was so inveterate, that he deemed himself sure of a sincere ally in one or other of these potentates. DEATH OF QUEEN CATHERINE. January b. During these negociations an incident happened in England which promised a more amicable conclusion of those disputes, and seemed even to open the way for a reconciliation between Henry and Charles. Queen Catherine was seized with a lingering illness, which at last brought her to her grave : she died at Kimholton, in the county of Huntingdon, in the fiftieth year of her age. A little before she expired, she wrote a very tender letter to the king; in which she gave him the appellation of " her most dear Lordy Kingy-and Husband" She told him, that as the hour of her death was now approaching, she laid liold of this last opportunity to inculcate on him the importance of his religious duty, and the comparative emptiness of all human grandeur and enjoyment : that though his fondness towards these perishable advantages had thrown her into many calamities, as well as created to himself much trouble, S72 THE HISTORY OF ENGLAND. [Chap. XXXI. she yet forpf.ivo him .ill past injiiiies, and hoped lliat Ills partlun wouUl be latitied in lioaven : ami lliat she h.id no other request to make, than to rceonimend to him his dausjhter, tlie sole pledge of tlieir love ; and to crave Ids protection for her maids and servants. Slie concluded with these words," / make this vow, that mine eyes desire you above all thitiffs." Tlie king was touplied even to tlie shedding of te.irs, hy this last tender proof of Catlierine's affection ; hut queen Anne is said to liave expressed her joy for the deatli of a rival beyond what decency or luimanity could permit. Tlie emperor thought that, as the demise of his aunt had removed all foundation of per.oonal animosity be- tween him and Henry, it might not now he impossible to detach him from tlie alliance of Fiance, and to renew his own confederacy with England, from which he had formerly reaped so much advantage. lie sent Henry proposals for a return to ancient amity, upon tliese conditions; tliat he should be reconciled to the see of Rome, that he should assist him in his war with the Turks, and that he should take part with him against Francis, who now threatened the diichy of Jlilan. The king replied, that he was willing to be on good terms with the emperor, provided that prince would acknowledge that the former breach of fiiend- sliip came entirely from himself: as to tlie conditions proposed ; the proceedings against the bishop of Rome were so just, and so fully ratified by the parliament of Engl.tnd, that they could not now be revoked ; when Christian princes sliould have settled peace .among themselves, he would not fail to exert that vigour which became him, .igainst the enemies of tlie faith ; .and after amity witli the emperor was once fully restored, he should then be in a situation, as a common friend both to him .and Francis, cither to mediate an agreement between them, or to assist the injured party. What rendered Henry more indllferent to the ad- vances made by the emperor w.as, botii his experience of the usual duplicity and insincerity of that monarcli, and the intelligence which he received of the present trans.actions in Euro]ie. Francis Sforza, duke of Milan, had died without issue; and the emperor maintained tliat the duchy, being a fief of the empire, was devolved to him as he.ad of the Germanic body : not to give um- brage, however, to the stetes of Italy, he professed !iis intention of bestowing that principality on some prince who should be obnoxious to no party, .and lie even made ofltn- of it to the duke of AngouJeme, third son of Francis. The French monarch, who pretended that liis own right to Milan was now revived upon Sforza's death, was content to substitute his second son, the duke of Orleans, in his place; and the emperor pre- tended to close with this proposal. But his sole inten- tion in that liberal concession was to gain time, till he should put himself in a warlike posture, .and be able to carry an invasion into Frtincis's dominions. The an- cient enmity between these princes broke out .anew in brav.adoes, and in personal insults on each other, ill becoming persons of their rank, and still less suitable to men of such unquestioned bravery. Charles soon after invaded Provence in person, with an army of fifty thousand men ; but met with no success. His army perished with sickness, fatigue, famine, .and other dis- asters; and he w.as obliged to raise the siege of Mar- seilles, .and retire into Italy with the broken remains of his forces. An army of Imperialists, near 30,000 strong, which invaded France on the side of the Ne- therlands, and laid siege to Peronne, made no greater progress, but retired upon the approach of a French Rrmy. And Henry had thus the satisfaction to find, both that his ally Francis w.a.s likely to support himself without foreign assistance, and that his own tranquil- lity was fully ensured by these violent wars and ani- mosities on the continent. If any inquietude rem.ained with the English court, it was solely occasioned by the state of affairs in Scot- land. .Jiimes, hearing of the dangerous situation of his ally Francis, generously levied some forces; and em- barking them on board vessels which he h.ad hired for that jiurpose, landed them safuly in France. He even went over in person ; and making haste to join tlie camp of the French king, which then I.ay in Provence, and to partake of his danger, he met that prince at Lyons, who, having repulsed the emperor, was now returning to his capital. Recommended by .so agree- able and seasonable an instiinee of friendship, the king of Scots paid his addresses to Magdalen, daughter ot the French monarch ; and this prince had no other objection to the match than what arose from the infirm state of his daughter's health, which seemed to threaten her with an approaching end. But James having gained the affections of the princess, and obtained her consent, the father would no longer oppose the united desires of !iis daughter and his friend: they were ac- cordingly married, and soon after set sail for Scotland, where the young queen, as was foreseen, died in a little time after her arrival. Francis, however, was afraid lest his ally Henry, whom he likewise looked on as his friend, and who lived with him on a more cordijil foot- ing than is usual among great princes, should be dis- pleased that this close confederacy between France and Scotland w.as concluded without his participation. He therefore dispatched Pommer.aye to London, in order to apologize for this measure ; but Henry, with his usual openness and freedom, expressed sucli dis- pleasure, that lie refused even to confer with the am- bassador ; and Francis was apprehensive of a rupture with a prince who regulated his mcamies more by humour and passion, than by the rules of political pru- dence. But the king was so fettered by the opposition in which he w.as eng.aged against the pope and the em- peror, that he pursued no further this disgust against Francis ; and in the end everything remained in tran- quillity, both on the side of Franco and of Scotland. The domestic pe.ace of England seemed to be exposed to more hazard by the violent iiinov.ations in religion ; •and it may be affirmed, that in this dangerous conjunc- ture nothing insured public tranquillity so much as the decisive authority acquired by the king, and his great ascendant over all his subjects. Not only the devotion paid to the crown was profound during tliat age : the personiil respect inspired by Henry was considerable; and even the terrors with which he overawed every- one were not attended with any considerable degree of hatred. His frankness, his sincerity, his magnificence, his generosity, were virtues which counterbalanced bis violence, cruelty, and impetuosity. And the important rank which his vigour more than his .address acquired him in all foreign negociations flattered the v.auity of Englishmen, and made them the more willingly endure those domestic hardships to which they were exposed The king, conscious of his advantages, was now pro- ceeding to the most dangerous e-xercise of his autho- rity ; and after paving the way foi- that measure by several preparatory expedients, he was at last deter- mined to suppress the mon.asteries, and to put himself in possession of their ample revenues. The great increase of mouasteric*, if matters be con- sidered merely in apolitical liglit, will appear the radi- cal inconvenience of the catholic religion ; and every otlier disadvantage attending that communion seems to have an inseparable connexion with these religious institutions. Papal usurpations, the tyranny of the inquisition, the multiplicity of holidays ; .all these fet- ters on liberty and industry Avere ultimately derived iVom the authority and insinuation of monks, whose habitations being established everywhere, proved so many seniiu.aiies of superstition and of folly. This order of men was extremely enraged against Henry j .and regarded the abolition of the papiil authority in England as the removal of the sole protection which they enjoyed against the rapacity of the crown and of the courtiers. They were now subjected to the king's visitation ; the supposed sacredness of their bulls from Rome was rejected ; the progress of the Reformation abroad, which had everywhert been attended with the Chap. XXXI.] HENRY VIII. 1509—1547. 373 abolition of tlie monastic orders, gave tlicm reason to apiuflieud like consequences in England; and tlioiigli flio king still maintained tlie doctrine of purgatorv to which most of the convents owed their origin and sup- port, it was foreseen, that in the progress of the contest he would every day be led to depart wider from ancient institutions, and be drawn nearer the tenets of the re- formers, with whom his political interests naturallv induced him to unite. Sieved by these considerations, the friars employed all their influence to inflame the people against the king's govenimcnt ; and llenrv, finding their safely irreconcileable with his onn, was determined to seize the present opportunity, and utterly destroy his declared enemies. Cromwell, secretary of state, had been appointed vicar-general, or vicegerent ; a new office, by which the king's supremacy, or the absolute uncontrollable power assumed over the church, was delegated to him. Ho employed Layton, London, Price, Gage, Petre, Bellasis, aud others, as commissioners, who carried on everywhere a rigorous inquiry with regard to the con- duct and deportment of all the friars. i>uriug times of faction, especially of the religious kind, no equity is to be expected from adversaries; and .is it was known that the king's intention in this visitation was to find a pre- tence for abolishing monasteries, we may naturallv conclude, that the reports of the commissioners arc very little to be relied on. Friars were encouraged to bring in informations against their brethren; the slight- est evidence was credited ; and even the calumnies spread abroad by the friends of the Reformation were regarded as grounds of proof. Monstrous disorders I are therefore said to have been found in many of the re- ligions houses : whole convents of women abandoned to lewdness: signs of .abortions procured, of infants mur- | dercd, of unnatural lusts between persons of the same sex. It is indeed probable, that the blind submission - of the people during those ages, would render the friars i and nuns more unguarded, and more dissolute than j they are in any Roman-catholic country at present: but still the reproaches, which it is safest to credit, are snch as point at \iccs naturally connected with the very institution of convents, and with monastic life. The cruel aud inveterate factions .an4 quarrels therefore, which the commissioners mentioned, are very credible among men, who being confined together within the same walls, never can forget their mutual animosities, and who, being cut off from all the most endearin<' connexions of nature, are commonly cursed with hearts more selfish and tempers more unrelenting than fall to the share of other men. The pious frauds practised to increase the devotion and liberaUty of the people, may be regarded as certain, in an order founded on illusions, lies, and superstition. The supine idleness also, and its attendant, profound ignorance, with which the convents were reproached, admit of no qtiestion ; and though monks were the tme preservers .as well as inventors cf the dreaming and captious philosophy of the schools, no manly or elegant knowledge could be expected iimong men whose lives, condemned to a tedious uni- formity, and deprived of all emulation, afforded nothiug to raise the mind or cultivate the geuius. Some few monasteries, terrified with this rigorous inquisition carried on by Cromwell and his commis- sioners, surrendered their revenues into the king's hands ; and the monks received small pensions as the reward of their obsequiousness. Ordere were given to dismiss such nnns and friars as were below four and twenty, w hose vows were on that account supposed not to be binding. The doors of the convents were opened, even to such as were above that age ; and every one recovered his liberty who desired it. But as all these expedients did not fully answer the king's purpose, he bad recourse to his usual instrument ofpower, the par- liament ; and in order to prepare men for the innova- tions projected, the report of the visitors was published, and a general horror was endeavoured to be excited in the nation against institutions which to tUeir an- cestors had been the objects of the most jircfound ve- neration. SUPPRESSION OF THE LESSER MONAS- TERIES. The king,though determined utterly to abolish the mo- nastic orders, resolved to proceed gradually in this great work ; and be gave directions to the parliament (4tU Februarj-) to go no further at present, than to suppress the lesser monasteries, which possessed revenues below two hundred jiounds a year. These were found to be the most corrujited, as lying less under tho restraint of shame, and being exposed to less scrutiny ; and it was deemed safest to begin with them, and thereby prepare the way for the greater innovations projected. 15v this act three hundred and seventy-six monasteries were suppressed, and their revenues, amounting to thirty- two thousand pounds a year, were granted to the king; besides their goods, chattels and plate, computed at a j hundred thousand pounds more.* It does not appear I that any opposition was made to this important law: I so absolute was Henry's authority! A court, called the court of augmentation of the king's revenue, was erected for the management of these funds. Tho people naturally concluded, from this circumstance, that Henry intended to proceed in despoiling the church of her |iatrimony. The act formerly passed, empowering the king to name thirty-two commissioners for framing a body of canon-law, was renewed ; but the project was never earned into execution. Henrj- thought that the pre- sent perplexity of that law increased his authority, and kept the clergy in still greater dependence. Further progress was made in completing the union of Wales with England: the separate jurisdictions of several great lords or marchers, as they are called, which obstructed the course of justice in Wales, and encouraged robbery and pillaging, were abolished ; and the authority of the king's courts was extended every- where. Some jurisdictions of a like nature in England were also abolished this session. The commons, sensible that they had gained nothing by opposing the king's will, when" he formerly endea- voured to secure the profits of wardships aud" liveries, were now contented to frame a law, such as he dictated to them. It was enacted. That the possession of land shall be adjudged to be in those who have the use of it, not in those to whom it is transferred in trust. After all these laws were passed, the king dissolved the parliament: (14th April) a parliament memorable not only for the great and important innovations which It introduced, but .also for the long time it had sitten, and the frequent prorogations which it had undergone. Henry had found it so obsequious to his will that he did not choose, during those religious ferments, to hazard a new election; and he continued the s.ime parliament above six years — a practice at that time unusual in England. A CONVOCATION. Tho convocation which sat during this session was engaged in a very important work, the deliberating on the new translation which was projected of the scrip- tures. The translation given by '1 indal, though cor- rected by himself in a new edition, was still complained of by the clergy as inaccurate and unlaithful; and it was now proposed to them that they should themselves publish a translation, which would not be liable to tliosp objections. The friends of the Reformation asserted, that nothing could be more .absurd than to conceal, in an unknown tonguC; the word of God itself, and thus to counteract • It is prnmdcd, (»ce HoUinRshcd, p. 039) that ten thousand moiikl w» tunicfl out on the dlssolitcion of the leiser monasteries. If so, most of litem must have tjeen Mendicants : f'.r the rcs-erue could n tt h ive supported uar that number The Mcndicanta no doubt, still ccntinued tlieir former vro- fciioaa 374 THE HISTORY OF ENGLAND. [Chap. XXXL the ■will of heaven, wliich for the purpose of universal salvation had publislied that salutary doctrine to all nations: tliat if this piactice were not very absurd, the artifice at least was very jjross, and proved a conscious- ness that the glosses and traditions of tlie clergy stood in direct opposition to the original text dictated by Supreme Intelligence : that it was now necessary for the people, so long abused by interested pretensions, to see witli their own eyes, and to examine whether the cUiinis of tlie ecclesiastics were founded on that charter whicli was on all hands acknowledged to be deiived from heaven : and tliat as a spirit of researcli and cu- riosity was liappily revived, and men were now obhged to make a choice among tlic contending doctrines of difterent sects, the projier mateiials fur decision, and above all, the holy scriptures shouhl be set before them; and the revealed will of God, which the change of language bad somewhat obscured, he again by tlieir means revealed to mankind. The favourers of the ancient religion maintained, on the other liand, that the pretence of making the people see with their own eyes was a mere cheat, and was it- self a very gross artifice, by which the new preacliers hoped to obtain the guidance of tliem, and to seduce them from those pastors, whom the laws, wliom ancient est.ablishments, whom heaven itself, liad appointed for their spiritual direction: th.at the people were, by their ignorance, llieir stupidity, their necessary avocations, totally unqualihed to choose tlieir own principles ; and it was a mockery to set materials before them, of which they could not possibly make any proper use : that even in the affairs of common life, and in their temjjoral concerns, which lay more within the compass of human reason, the laws had in a great measure deprived them of the right of private judgment, and had, happily for tlieir own and the public interest, regulated their con- duct and behaviour ; that theological questions were placed far beyond the sphere of vulgar comprehensions ; and ecclesiastics themselves, though assisted by all the advantages of education, erudition, and an assiduous study of the science, could not be fully assured of a just decision, except by the promise made them in scripture, that God would he ever present with his church, and that the gates of liell should not prevail against her : that the gross errors adopted by the wisest heathens, proved how unfit men were to grope their own way through this profound darkness ; nor would tlie scriptures, if trusted to every man's judgment, be able to remedy; on the contrary, they would much augment, those fatal illusions : that sacred writ itself was involved in so much obscurity, gave rise to many difficulties, contained so many appearing contradic- tions, that it was the most dangerous weapon that could be intrusted into the hands of the ignorant and giddy multitude : that the poetical style in which a great part of it was composed, at the same time that it occasioned uncertainty in the sense, by its multiplied tropes and figures, was sufficient to kindle the zeal of fanaticism, and thereby tlirow civil society into the most furious combustion : that a thousand sects must arise, which would pretend each of them to derive its tenets from tlie scripture, and would be able, by spe- cious arguments, or even without specious arguments, to seduce silly women and ignorant mechanics into a belief of the mostmonstrous principles: and that if ever this disorder, dangerous to the magistrate himself, re- ceived a remedy,it must bo from the tacit acquiescence of the people in some new authority; and it was evidently better, without further contest or inquiry, to adhere peaceably to ancient, and therefore the more secure establishments. These latter arguments, being more agreeable to ec- clesiastical government, would probably liave prevailed in the convocation, had it not been for the authority of Cranmer, Latimer, and some other bisliops, who were supposed to speak the king's sense of the matter. A vote was passed for publishing a new translation of the scriptures; and in three years' time the work was finished and printed at Paris. This was deemed a great [Joint gained by the reformers, and a considerable ad- vancement of their cause. Further progress was soon expected, after such important successes. DISGRACE OF QUEEN ANNE. But while the retainers to the new religion were ox- iilting in their prosperity, they met with a mortification wliich seemed to blast all their hopes. Their patrones,s Anne Boleyn possessed no loiigei- tlie king's favour'; and soon after lost her life by the )-age of that furious niouarch. Henry had jiersevered in liis love to this lady during six years that his prosecution of the di- vorce lasted; and the more obstacles he met with to the gratification of his passion, the more determined zeal did he exert in pursuing his purpose. Rut the af- fection which had subsisted, and still increased under difficulties, had not long obtained secure possession of its object, when it languished from satiety; and the king's heart was apparently estranged from his consox-t. Anne's enemies soon perceived the fatal change ; and they were forward to widen the breach, when they found that they incurred no danger by inter])Osing in tliose delicate concerns. She liad been delivered of a dead son ; and Henry's extreme fondness for male is- sue being thus for the present disappointed, his temper, equally violent and superstitious, was disposed to make the innocent mother answerable for the misfortune. But the chief means which Anne's enemies employed to inflame the king against her, was his jealousy. Anne, though she appears to have been entirely in- nocent, and even virtuous in her conduct, had a certain gaity, if not levity of character, which threw her off her guard, and made her less circumspect than her situation reipiired. Her education in France rendered her tlie more prone to those freedoms; and it was with diffi- culty she conformed herself to that strict ceremonial practised in the court of England. More vain than haughty, she was pleased to see the influence of her beauty on all around her, and she indulged herself in an easy familiarity with persons who were formerly her equals, and who might then have pretended to her friendship and goocl^races. Henry's dignity was of- fended with these pojiular manneis ; and though the lover had been entirely blind, the husband possessed but too quick discernment and penetration. Ill instru- ments interposed, and put a malign.ant interpretation on the harmless liberties of the queen: the viscountess of Rocheford, in particular, who was married to the queen's brother, but who lived on bad terms with her sister-in-law, insinuated the most cruel suspicious into the king's mind; and as she v.as a woman of profligate character, she paid no regard either to truth or hu- manity in those calumnies which she suggested. She ])retended that her own husband was engaged in a criminal con-espondenco with his sister; and, not con- tent with this imputation, she poisoned evei'y action of the queen's, and represented each instance of favour which she conferred on any one a^ a token of .affection. Henry Norris, groom of the stole, Weston and Brere- ton, gentlemen of the king's chamber, together mth Mark Smeton, groom of the chambei', were observed to possess much of the queen's friendship ; and they served her with a zeal and attachment which, though chiefly derived from gratitude, might not improbably be sea- soned with some mixture of tenderness for so amiable a princess. The king's jealously laid hold of the slight- est circumstance, and finding no particular object on which it could fasten, it vented itself equally on every one that came within tlie verge of its fury. Had Henry's jealously been derived from love, thougli it might on a sudden have proceeded to the most violent extremities, it would have been subject to many re- morses and contrarie'ies; and might at last have served only to augment that affection on which it was founded. But it was a more stern jealousy, fostered entirely by pride: his love was transferred to another object Chap. XXXI] HENRY VIII. 1509—1647. 376 Jane, daughter of sir John Seymour, risou she fell on her knees, and prayed God so to help her, as she was not guilty of the crime imputed to her. Her surprise and confusion threw her into hysterical dis- orders; and in that situation she thought that the best proof of her innocence was to malje an entire confes- sion, and she revealed some indiscretions and levities which hersimiilicity had equally betrayed her to commit and to avow. She owned that she had once rallied Norris on his delaying his marriage, and had told him that he probably expected her when she should be a widow: she h;id reproved AVeston, she said, for his af- fection to a kinswoman others, and his indifference to- wards his wife : but ho told her that she had mistaken the object of his affection, for it was herself: upon which she defied him. She affirmed that Smeton had never been in her chamber but twice, when he played on the harpsichord : but she acknowledged that he had once had the boldness to tell her, that a look sufficed him. The king, instead of being satisfied with tiio candour and sincerity of hei confession, regarded these indis- cretions only as preludes to greater and more criminal intimacies. Of all those multitudes whom the beneficence of the quven's temper had obliged during her prosperous fortune, no one dur. of York on one baud, and lonl Darcy on Uie other. It was agieed that two gentlemen should be des- patched to the king with projiosala from tlie rebels: and Henry purposcuy delayed giving an answer ami Chap. XXXI.] HENRV VIII. 1.509—1.547. 379 allured them with hopes of entire satisfantion, in ex- pectation that necessity would soon oblige them to disperse tlieniselves. Beincr informed that his artifice had in a great measure succeeded, he toquLied them instantly to lay down their arms, and snbtnif to mercy; promising pardon to all, except six whom he named, and four whom ho reserved to himself the power of naming. But though the greater jiart of the rebels had eone home for want of subsistence, they had en- tered into the most solemn engagements to return to their standards, in case the king's answer should not prove satisfactory. Norfolk, therefore, soon found himself in the same difficulty as before; and heopened again a negociation with the leaders of the multitude. He engaged them to send three hundred persons to Doncaster, with proposals for an accommodation ; and he hoped, by intrigue and separate interests, to throw dissension among so great a number. Aske himself had intended to be one of the deputies, and he required a hostage for his security: but the king, when con- sulted, replied, that he knew no gentleman, or other, whom he esteemed so little as to put him in pledge for such a villain. The demands of the rebels were so ex- orbitant, that Norfolk rejected them ; and they pre- pared again to decide the contest by arms. They weresis formidable .is ever, both by their numbers and spirit ; and, notwithstanding the small river which lay between them and the royal army, Norfolk had great reason to dre.id the effects of their fury. But while they were preparing to pass the ford, rain fell a second time in such abundance, as made it inipractieable for them to execute their design ; and the populace, partly reduced to necessity by want of provisions, partly struck with superstition at being thus again dis.ip- poiuted by the same.iccident, suddenly dispersed them- selves. The duke ot Norfolk, who had received powers for that end, forwarded the dispersion by the promise of a general amnesty ; and tlie king ratified this act of clemency. (9th December.) lie published, however, a manifesto against the rebels, and an answer to their complaints ; in which he employed a very lofty style, suited to so haughty a monarch. He told them, that they ought no more to pretend giving a judgment with regard to government, than a blind man with regard to colours: "and we," he added, "with our whole coun- cil, think it right strange that ye, who be but brutes and inexpert folk, do take upon yon to .ippoiut us, who be meet or not for our council." As this pacification was not likely to be of long con- tinuance, Norfolk w.Ts ordered to keep his army to- gether, and to march into the northern p-arts, in order to exact a general submission. Lord Rarcy, as well as Aske, was sent for to court ; aiid the former, upon his rcfus.il or delay to appear, was thrown into prison. Everyplace was full of jealousy and complaints. A new insurrection broke out, headed by Musgrave and j Tilby, and the rebels besieged Carlisle with 8000 men. ' Being repulsed by that city, they were encountered in their retreat by Norfolk, who put them to flight ; and having m.ade prisoners of all their officers except Mus- grave, who escaped, he instantly put them to death by martial law, to the number of seventy persons. An attempt made by sir Francis Bigot and Ilalam, to surprise Hull, met with no better success ; and several other risings were suppressed by the vigilance of Nor- folk. The king, eniaged by these multiplied revolts, was determined not to adhere to the general pardon which he h-id granted ; and from a movement of his nsn.il violence, he made the innocent suflfer for the guilty. Norfolk, by command from his master, spread the royal banner, and wherever he thought proper exe- cuted martial law in the punishment of offenders. Besides Aske, leader of the first insurrection, sir Robert Constiible, sir John Bulmer, sir Thomas Percy, sir Stephen H.imillon, Nicholas Tempest, William Lumley, and many others, were thrown into prison; and most of them were condemned and executed. I/Ord Uussey was found guilty as an accomplice in tho insurrection of Lincolnshire, and w."is esecated at Lin- coln. Lord Darcy, though he pleaded compulsion, and appealed for his justification to a long life spent in the service of the crown, was beheaded on Tower-hill. Before his execution, he .accused Norfolk of having se- cretly encouraged the rebels; but Henry, either sen- sihle of that nobleman's services, and convinced of his fidelity, or afraid to offend one of such extensive power and great capacity, rejected the information. Being now satiated with punishing the rebels, he published anew a general pardon, to n hich he faithfully adhered; and he erected by patent a court of justice at York, for deciding lawsuits in the northern counties : a de- mand wliich had been made by the rebels. BIRTH OF PRINCE EDWARD AND DEATH OF QUEEN JANE. October 12. Soon after this prosperous success, an event liap- pened which crowned Henrj-'s joy, the birth of a son, who was baptized by the name of Edward. Yet was not his happiness without alloy ; the queen died two days after. But a son had so long been ardently wished for by llenrj-, and was now become so neces- sary, in order to prevent disputes with regard to the succession, after the acts declaring the two princesses illegitimate, that tlie king's affliction was drowned in his joy, and he expressed great satisfaction on the oc- casion. The prince, not sb? days old, was created prince of Wales, duke of Cornwall, and earl of Chester. Sir Edward Seymour, the queen's brother, formerly made lord Beauchamp, was raised to the dignity of earl of Hereford. Sir M illiara Fitz-Williams, high admi- ral, was created earl of Southampton ; sir William Paulet, lord St. John ; sir John Russel, lord Russel. 153S. The suppression of the rebellion, and the birth of a son, as they confirmed Henry's authority at home, increased His consideration among foreign jiiiiices, and made his alliance bo courted by all parties. He maintained, however, a neutrality in the wars whicli were carried on with various success, and with- out any decisive event, between Charles and Francis; and though inclined more to favour the latter, he de- termined not to incur, without necessity, either hazard or expense on his account. A truce concluded about tliis time, between those potentates, and afterwards prolonged for ten years, freed him from all anxiety on account of his ally, and re-established the tranquillity of Europe. * Henry continued desirous of cementing a union with the German protestants ; and for that purpose he sent Christopher Slount to a congress which they held at Brunswick ; but that minister made no great progress in his negociation. The princes wished to know what were the articles in their confession which Henry dis- liked ; and they sent ncAv ambassadors to him, who had orders both to negociate and to dispute. They en- deavoured to convince the king that he was guilty of a mistake in administering the eucharist in one kind only, in allowing private masses, and in requiring the cehbacy of the clergy. Henry would by no means ac- knowledge any error in these particulars ; and was displeased that they should pretend to prescribe rules to so great a monarch and theologian. He found argu- ments and syllogisms enough to defend his cause ; and he dismissed the ambassadors without coming to any conclusion. Jealous also lest his own subjects should become snch theologians as to question his tenets, he used great precaution in publishing that translation of the scripture which was finished this year. He would only allow a copy of it to be deposited in some parish churches, where it was fixed by a chain ; and he took care to inform the people by proclamation, " That this indulgence was not the effect of his duty, but of his goodness and liberality to them ; who therefore should use it moderately, for the increase of virtue, and not of stril'e : and he ordered that no man should read the Bible alou4. so as to diaturb the pnest wliile he sang 380 THE HISTORY OF ENGLAND. [Chap XXX£. mass, nor prpsunio to cxpounJ doubtful places without advite frani t!ie loarncd." In this measure, as in the rest, he still halted hall-way between the catholics and the protcstants. SUPPRESSION OF THE GREATER MONASTERIES. There was only one particular in which Henry was quite decisive ; because he was there impelled by his avarice, or, more properly speaking, his rapacity, the consequence of his profusion : this measure was, the entire destruction of the monasteries. The present opportunity seemed favourable for that great enter- prise, while the suppression of the late rebellion forti- fied and increased the royal authority ; and as some of the abbots were suspected of having encouraged tlie in- surrection, and of corresponding with the rebels, tlie king's resentment was further incited by that motive. A new visitation was appointed of all the monasteries in England ; and a pretence only being wanted for their suppression, it was easy for a prince, possessed of Buch unlimited power, and seconding the present hu- mour of a great part of the nation, to find or feign one. The abbots and monks knew the danger to which they were exposed ; and having learned, by the example of the lesser monasteries, that nothing could withstand the king's will, they were most of them induced, in expec- tation of better treatment, to make a voluntary resig- nation of their houses. Where promises failed of effect, menaces, and even extreme violence, were em- ployed ; and as several of the abbots since the breach with Rome had been named by the court with a view to this event, the king's intentions were the more easily elVectcd. Some also, having secretly embraced the doctrine of the Reformation, were glad to be freed from tlieir vows ; and on the whole, the design was con- ducted with such success, that in less than two years the king had got possession of all the monastic revenues. In several places, jiarticularly in the county of Oxford, great interest was made to preserve some convents of women, who, as they li^■ed in the most irreproachable manner, justly merited, it was thought, that their houses should be saved from the general de- struction. There appeared also great difference between the case of nuns and that of friars ; and the one insti- tution might he laudable, while the other was exposed to much blame. The males of all i-anks, if endowed with industry, might be of service to the public ; and none of them could want employment suited to his station and capacity. But a woman of family, who failed of a settlement in the marriage state, an accident to which such persons were more liable than women of lower station, had really no rank which slie properly filled ; and a convent was a retreat both honourable and agreeable, from the inutility and often want which at- tended her situation. But the king was determined to abolish monasteries of every denomination ; and proba- bly thought that these ancient establishnients would be the sooner forgotten, if no remains of them of any kind were allowed to sulisist in the kingdom. The better to reconcile the people to this great inno- vation, stories were propagated of the detestahle lives of the fiiars in many of the convents ; and great care was taken to defame those whom the court had determined to ruin. The relics also, and other superstitions, which had so long been the object of the people's venera- tion, were exposed to their ridicule ; and the religious spirit, now less bent on exterior observances and sensi- ble objects, was encouraged in this new direction. It is needless to lie prolix in an enumeration of particu- lars: protestant historians mention on tliis occasion, with great triumph, the sacred repositories of convents : the parings of St. Kdmond's toes ; some of the coals that roasted St. Laurence ; the girdle of the Virgin, shown in eleven several jilaces ; two or three heads of St. Ursula ; the felt of St. Thomas of I^ancuster, an in- fallible cure for the head-ache ; part of St. Tliomas of Canterbury's shirt, much reverenced by big-bellied women : some rehcs, an excellent preventive against rain; others, a remedy to weeds in corn. But such fooleries, as they are to be found in all ages and na- tions, and even took place during the most refined periods of antiquity, form no particular or violent re- proach to the catholic religion. There were also discovered, or said to be discovered, in the monasteries, some impostures of a more artificial nature. At Hales, in the county of Gloucester, there had been shown, during several ages, the blood of Christ, brought from Jerusalem ; and it is easy to imagine the veneration with which such a relic was regarded. A miraculous circumstance also attended this miraculous relic ; the sacred blood was not visi- ble to any one in mortal sin, even when set before him ; and till he had perfonned good works sufficient for his absolution, it would not deign to discover itself to him. At the dissolution of the monastery the whole contriv- ance was detected. Two of the monks who were lot into the secret had taken the blood of a duck, which they renewed every week : they put it in a phial, one side of which consisted of thin and transparent crystal, the other of thick and opaque. When any rich pilgrim arrived, they were sure to show him the dark side of the phial, till masses and offerings had expiated his offences ; and then finding his money or patience, or faith, nearly exhausted, they made him hap])y by turn- ing the phial. A miraculous crucifix had been kept at Boxley, in Kent, and bore the appellation of the Hood of Grace. The lips, and eyes, and head of the image moved on the approach of its votaries. Ililsey, bishop of Ro- chester, broke the crucifix at St. Paul's-Cross, and showed to the whole people the springs and wheels by which it had been secretly moved. A great wooden idol, revered in Wales, called Darvel Gatherin, Avas brought to London, and cut in pieces ; and by a cruel refinement in vengeance it was employed as fuel to burn friar Forrest, who was punished for denying the supremacy, and for some pretended heresies. A fin- ger of St. Andrew, covered with a thin plate of silver, had been pawned by a convent for a debt of forty pounds ; but as the king's commissioners refused to pay the debt, people made themselves merry with the jjoor creditor on account of the pledge. But of all the instruments of ancient superstition, no one was so zealously destroyed as the shrine of Thomas a Becket, conmionly called St. Thomas of Canterbury. This saint owed his canonization to the zealous defence which he had made for clerical privi- leges ; and on that account also the monks had ex- tremely encouraged the devotion of pilgrimages towards his tomb ; and numberless were the miracles which they pretended his rehc wrought in favour of his de- vout votaries. They raised his body once a year ; and the day on which tins ceremony was peiformed, which was called the day of his translation, was a general holiday: every fiftieth year there was celebrated a juliilee to his honour, which lasted fifteen days : ple- nary indulgences were then granted to all that visited his tomb ; and a hundred thousand pilgrims have been registered at a time in Canti.'rbury. The devotion towards him had quite effivced in that place the adora- tion of the Deity ; nay, even that of the Virgin. At God's altar, for instance, there were offered in one year, three pounds two shillings and sixpence ; at the Virgin's, si.xty-tliree pounds five shillings and six- pence; at St. Thomas's eight hundred and thirty-two poimds twelve shillings and three-pence. But next year the disproportion was still greater : there was net a penny offered at God's altar ; the Virgin's gained only four pounds one shilling and eight-pence ; but St. Tliomas had got for his share, nine hundred and fifty-four jiounds six shillings and three-pence. Louis VII. of l''rance had made a pilgrimage to this miracu- lous tomb, and had bestowed on the shrine a jewel, esteemed the richest in Christendom. It is evident Chap. XXXI.] HENRY VIII 1509 1517. 381 Low obnoxious to Henry a saint of this cliaracter must appear, and liow contrary to all his projects for degrad- ing the antliority of the court of Rome, lie not only pillaged the rich ehrine dedicated to St. Tliomas : he made the saint liiniself bo cited to appear in court, and be tried and condemned as a traitor : he ordered his name to be struck out of the calendar ; the oflSce for his festival to be expunged from all breviaries ; his bones to be burned, and the ashes to be thrown in the air. On the whole, the king at difTcrcnt times suppres.sed BIX hundred and forty-five monasteries ; of which twenty-eight had abbots that enjoyed a seat in parlia- ment. Ninety colleges were demolished in several counties ; two thousand three hundred and seventy- four chantries and free chapels ; a hundred and ten hospitals. The whole revenue of these establishments amounted to one hundred and sixty-one thousand one hundred pounds. It is worthy of observation, that all the lands and possessions and revenue of England had a little before this period been rated at four millions a year ; so that the revenue of the monks, even compre- hending the lesser monasteries, did not exceed the twentieth part of the national income : a sum vastly inferior to what is commonly apprehended. The lands belonging to the convents were usually let at very low rent ; and the fiirmers, who regarded themselves as a species of proprietors, took always care to renew their leases before they expired. [See note 2 Z, at the end of thU Vol.] Great murmurs were everywhere excited on ac- count of these violences ; and men much questioned whether priors and monks, who were only trustees or tenants for life, could, by any deed, however volun- tary, transfer to the king the entire property of their estates. In order to reconcile the people to such mighty innovations, they were told that the king would never thenceforth have occasion to levy taxes, but would be able, from the abbey-lands alone, to bear during war as well as peace the whole charges of government. While such tojiics were employed to appease the popiilace, Henry took an oftectual method of interesting the nobility and gentry in the success of his measures : he either made a gift of the revenues of convents to his favourites and courtiers, or sold them at low prices, or exchanged them for other lands on very disadvantageous terms. He was so profuse in these liberalities, that he is said to have given a woman the whole revenue of a convent, as a reward for mak- ing a pudding which happened to gratify his palate. He also settled pensions on the abbots and priors, pro- portioned to their former revenues or to their merits ; and gave each monk a yearly pension of eight marks : he erected six new bishoprics, Westminster, O.xford, Peterborough, Bristol, Chester, and Gloucester ; of which five subsist at this day : and by all tliese means of expense and dissipation the profit which the king reaped by the seizure of church-lands fell much short of vulgar opinion. As the ruin of convents had been foreseen some years before it happened, the monks had taken care to secrete most of their stock, furniture and plate ; so that the spoils of the great monasteries bore not in these respects any proportion to those of the lesser. Beside the lands possessed by the monasteries, the regular clergy enjoyed a considerable part of the bene- fices of Kngland, and of the tithes annexed to them ; and these were also at this time transferred to the crown, and by that means passed into the hands of laymen : an abuse which many zealous clunchmen regarded as the most criminal sacrilege. The monks were formerly much at their ease in Kngland, and en- joyed revenues which exceeded the regular and stated expense of the house. We read of the abbey of Chert- sey in Surrey, which possessed ^^^ pounds a year, though it contained only fourteen monks : that of Fur- nese, in the county of Lincoln, was valued at 960 poundi n year, and contained about thirty. In order to dissipate their revenues, and support popularity, the monks lived in a hospitable manner ; and besides the poor maintained from their offals, there were many decayed gentlemen, who passed their lives in travel- ing from convent to convent, and were entirely sub- sisted at the tables of the friars. By this hospitality, as much a.s by their own inactivity, did the convents prove nurseries of idleness ; but the king, not to give oflence by too sudden an innovation, bound the new proprietors of abbey-lands to support the ancient hos- jjitality. But this engagement was fulfilled in very few places, and for a very short time. It is easy to imagine the indignation with which the intelligence of all these acts of violence was received at Rome, and how much the ecclesiastics of tliat court, who had so long kept the world in subjection by high- sounding epitliets, and by holy execrations, would now vent their rhetoric against the character and conduct of Henry. The pope was at last incited to jniblisli the bull which had been passed against that monarch ; and in a public manner he delivered over his soul to the devil, and his dominions to the first invader. Libels were dispersed, in which he was anew compared to the most furious persecutors in antiquity ; and the pre- ference was now given to tlieir side : ho had declared war with the dead, whom the pagans themselves re- spected; was at open hostility with heaven; and had engaged in professed enmity with the whole host of saints and angels. Above all, he was often reproached with his resemblance to the emperor .Julian, whom it was said he imitated in his aposlacy and learning, though he fell short of him in morals. Henry could distinguish in some of these libels the stylo .and ani- mosity of his kinsman Pole; and he wiis thence in- cited to vent his rage by every possible expedient on that famous cardinal. CARDINAL POLE. Reginald de la Pole, or Reginald Pole, was de- scended from the royal family, being fourth son of the countess of Salisbury, daughter of the duke of Cla- rence. He gave, in early youth, indications of that fine genius and generous disposition by wliich during his whole life he was so much distinguished; and Henry, having conceived great friendship for him, in- tended to raiSe him to the highest ecclesiastical dig- nities; and, as a pledge of future favours, he con- ferred on him the deanery of Kxeter, the better to support him in his education. Pole was carrying on his studies in the university of Paris at the tin\e when the king solicited the suffrages of that le.-vrned body in favour of his divorce ; but though applied to by the English .agent, he declined taking any part in the affair. Henry bore this neglect with more temper than was natural to him; and he appeared unwilling, on that account, to renounce all friendship with a person whose virtues and talents he hoped would prove useful as well .as ornamental to his court and kingdom. He allowed him still to possess his deanery, and gave him permision to finish his studies at Padua: he even paid him some court, in order to bring him into his mea- sures: .and wrote to him while in that university, de- siring him to give his opinion freely with reg.ard to the late measures t,aken in England for aliulishing the papal authority. Pole had now contracted an intimate friendship with all persons eminent for dignity or merit in Italy, Sadolet, Bembo, and other revivers of true taste and learning ; and he was moved by these con- nexions, as well as by religious zeal, to forget in some respect the duty which he owed to Henry, his bene- factor and his sovereign. He replied, by writing a treatise of the umli/ of the church, in which he inveighed against the king's supremacy, his divorce, his second marriage ; and he even exhorted the emperor to re- venge on him the injury done to the imperial family, and to the catholic cause. Henry, though provoked beyond measure at this outrage, dissembled his resent- 382 THE HISTORY OF ENGLAND. [Chap. XXXII ment ; and lie sent a message to Pole, desiring liini to return to England, in order to explain certain pas- isigcs in liis book, which he found somewhat obscure and diihcult. Pole was on liis guard .against this in- sidious invitation; and was determined to remain in Italy, where he was universally beloved. The pope and emperor tiioiight themselves obliged to provide for a man of Pole^s eminence and dignity, who in support of their cause had sacrificed all his pretensions to fortune in his own country. He was created a cardinal; and though he took not higher orders than those of a deacon, he w.as sent legate into Flanders about the year 1536. Henry was sensible that Pole's chief intention, in choosing that emplo.v- ment, was to foment the mutinous disposition of the English catholics; and he therefore remonstrated in so vigorous a m.anner with the queen of llimgary, regent of the Low Countries, that she dismissed the legate without allowing him to exercise his functions. The enmity which he bore to Pole was now .as open as it was violent; and the cardinal on his part kept no further measures in his intrigues against Henry. He is even suspected of having aspired to the crown, by means of a marriage with the lady Mary ; and the king was every day more alarmed by informations which he received of the correspondence maintained in England by that fugitive. Courtney, marquis of Exeter, had entered into a conspiracy with him ; sir Edward Nevil, brother to the lord Aberg.avenny ; sir Nicholas Carew, master of horse, and knight of the garter ; Henry de la Pole, lord Montacute ; and sir Geoffrey de la Pole, brother to the cardinal. These persons were indicted, and tried and convicted before lord Audley, who presided in the trial as high-steward : they were all executed except sir Geoffrey de la Pole, who was pardoned ; and he owed this grace to his having first carried to the king secret intelligence of the consijiracy. We know little concerning the jus- tice or iniquity of the sentence pronounced against these men : we only know, that the condemnation of a man who was at that time prosecuted by tlie court forms no presumption of his guilt ; though, as no his- torian of credit mentions in the present case any com- pl.aint occasioned by these trials, we may presume that sufficient evidence was produced against the marquis of Exeter and his associates. CHAPTER XXXII. Disputation with Lambert A Parliament Law of the Six Articles I'l-oclamations made equal to Laws Settlement of the Succession King's Hiojecis of Marriage He marries Anne of Cleves He dis- lil;es her A Parliament Kail of Crom.vell His Execution King's Divorce from Anne of Cleves His Marriage wiih Catherine Hi>uard State of Affairs in Scotlanii Discovery of the Queen's dissolute Life A Parliament Ecclesiastical Affairs. THE rough hand of Henry seemed well adapted for rending asunder those b.ands by wliich the ancient superstition had fastened itself on the kingdom ; and though, after renouncing the pope's supremacy, and suppressing monasteries, most of the political ends of reformation were already attained, few people ex- pected that he would stop at those innovations. The spirit of opposition, it was thought, would carry him to the utmost extremities against the church of Rome, and lead him to declare war against the whole doc- trine and worship, .as well as discipline, of that mighty hierarchy. Ho hamily ; and that a man possessed of no manner of literature should be set at the head of the church. As soon as tlio act of the six articles had pa.ssed, the catholics were extremely vigilant in informing against offenders ; and no less than five hundred per- sons were in a little time throw n into prison. But Crom- well, who had not had interest to prevent that act, was able for the present to elude its execution. Seconded by the duke of Suffolk and chancellor Audley, as well as by Craniner, he remonstrated against the cruelty of punishing so many delinquents ; and he obtained per- mission to set them at liberty. The uncertainty of the king's humour gave each party an opportunity of triumphing in its turn. No sooner had Henry passed this law, which seemed to inflict so deep a wound on the reformers, than he granted a general permission for every one to have the new translation of the Bible in his family : a concession regarded by that party as an important victory. HENRY'S PROJECTS OF MARRIAGE. But as Henry was observed to be much governed by his wives while he retained his fondness for them, the final prevalence of either party seemed much to depend on the choice of the future queen. Immediately after the death of Jane Seymour, the most beloved of all his wives, he began to think of a new marriage. He first cast his eye towards the duchess-dow.iger of Milan, niece to the emperor; and he made proposals for that alliance. But meeting with dilliculties, he was carried by his friendship for Francis rather to think of a French princess. He demanded the duchess-dowager of Lon- gneville, daughter of the duke of Guise, .a prince of the house of Lorraine ; but Francis told him, that the lady w.is already betrothed to the king of Scotland. The king, however, would not take a refus.il : he had set his heart extremely on the match, the information which he h.ad received of tlio duchess's accomplish- ments and beauty, had prepossessed him in her favour ; and having privately sent over Meautys to examine Uer person, and get certain intelligence of her conduct, the accounts which that agent brought him served further to inflame his desires. He learned that slie was big m.ade; and ho thought her on that account the more proper match for him who was now become somewhat corpulent. The pleasure too of mortifying his nephew, whom he did not love, w.as .a further in- citement to his prosecution of this match ; and he insisted that Francis should give him the preference to the king of Scots. But Francis, though sensible that the alliance of England w.is of much greater im- portance to his interests, would not aflVont his friend and ally; and, to prevent further solicitations, he imme- diately sent the princess to Scotland. Not to shock, however, Henry's humour, Francis made him an offer of Mary of Bourbon, daughter of the duke of Ven- dflmo ; but as the king w;is informed that James had formeily rejected this princess, he would not hear any further of such a proposal. The French monarch then offered him the choice of the two younger sisters of the queen of Scots ; and he .assured him that they were nowise inferior either in merit or size to their plder sister and that one of them was even superior Vol. r in beauty. The king was as scrupulous with regard to the person of his wives as if his heart had been really susceptible of a delicate passion ; and he was unwilling to trust any relations, or even pictures, with regard to this important particular. He proposed to Francis, that they should have a conference at Calais on pre- tence of business; and that this monarch should bring along with him the two princesses of Guise, together with the finest ladies of quality in France, that ho might make a choice among them. But the gallant spirit of Francis w.as shocked with the proposal: he was impressed with too much regard, he said, for the fair sex, to carry ladies of the first quality like geld- ings to a market, there to be chosen or rejected by the humour of the purchaser. Henry would hearken to none of these niceties, but still insisted on his proposal ; which, however, notwithstanding Francis's earnest de- sire of obliging him, was finally rejected. The king then began to turn his thoughts towards a German alUance ; and, as the princes of the Smalcal- dic league were extremely disgusted with the emperor on account of his persecuting their religion, he hoped, by matching himself into one of their families, to renew a connexion which he regarded as so advantageous to liiiu. Cromwell joj'fully seconded tliis intention ; and proposed to him Anne of Cleves, whose father, the duke of that name, had great interest among the Lu- theran princes, and whose sister, Sibylla, was married to the elector of Saxony, the head of the protcstant league. A flattering picture of the princess by Hans Holben determined Henry to apply to her father ; and after some negociation, the marriage, notwithstanding the opposition of the elector of Saxony, was .at last concluded ; and Anne was sent over to England. The king, impatient to be satisfied with regard to the per- son of his bride, came privately to Rochester, and got a sight of her. He found her big indeed, and tall as he could wish ; but utterly destitute both of beauty and grace , very unlike the pictures and representa- tions which he had received : he swore she was a great Flanders mare ; and declared that he never could pos- sibly bear her any affection. The matter was worse when he found that she could speak no language but Dutch, of which he was entirely ignorant ; and that the charms of her conversation were not likely to com- pensate for the homeliness of her iieison. He re- turned to Greenwich very melancholy ; and he much lamented his hard i'ate to Cromwell, as well as to lord Russel, sir Anthony Brown, and sir Anthony Denny. This last gi'ntleman, in order to give him comfort, told him, tliat his misfortune was common to him with all kings ; who could not, like private persons, choose for themselves ; but must receive their wives from the judgment and fancy of others. It was the subject of debate among the king's coun- sellors, whether the marriage could not yet be dis- solved, and the princess be sent back to her own country. Henry's situation seemed at that time very critical. After the ten years' truce concluded between the emperor .and the king of France, a good under- standing was thought to have taken place between these rival monarchs ; and such marks of union ap- peared as gave great jealousy to the court of England. The emperor, who knew the generous nature of Fran- cis, even nut a confidence in him, which is r,are to that degree among great princes. An insurrection had been raised in the Low Countries by the inhabitants of Ghent, .and .^ieemed to threaten the most dangerous consequences. Charles, who resided at that time in Spain, resolved to go in person to Flanders, in order to appease those disorders ; but he found great difficul- ties in choosing the manner of his passing thither. The road by Italy and Germany was tedious ; the voy- age througli the Channel dangerous, by reason of the English naval power : he a.sked Francis's permission to pass through his dominions; and ho intnjsted him- self into the hands of a rival whom ho had so mortally offended. The French monarch received him at Paris 3D S86 THE HISTORY OF ENGLAND. [Chap. XXXII. with great mngnificcneo and courtesy ; and thoiigli prompted both by revenge and interest, as well as by the advice of bis mistress and favourites, to make ad- vantage of tlie present opportunity, lie conducted the emperor safely out of his dominions, and would not so much ns speak to him of business during his abode in France, lest his demands should bear the air of vio- lence upou his royal gnest. Henry, who was informed in all these particulars, believed that an entire and cordial union liad taken place between these princes ; and that their religious this session to find a demand made upon them of fbur- tenths, and a subsidy of one shilling in the pound during two years : so ill were the public expectations answered, that the crown was never more to require any sup])ly from tlie people. The commons, tliough lavish of tlieir liberty, and of the blood of their fellow- subjects, were extremely frugal of their money ; and it was not without ditficulty so small a grant could be obtained by this absolute and dreaded monarch. The convocation gave the king four .sliillings in the pound, to be levied in two yeais. The pretext for these zeal might promjit them to fall with combined arms grants was, the great expense which Henry had un- upon Kngland. An alliance with the German princes j dergone for the defence of the realm, in building forts seemed now more than ever requisite for liis interest | along the sea-coast, and in equipping a navy. As he ■ " ' ' had at present no ally on the continent in whom he reposed much confidence, he reUed only on his domes- tic strength, and was on that account obliged to be more expensive in his preparations agamst the danger of an invasion. and safety ; and he knew that if he sent back the prin cess of Cloves, such an affront would be highly re- sented by her friends and family 1540. He was therefore resolved, notwithstanding his aversion to her, to complete the marriage ; (6tli January ;) and he told Cromwell, that since matters had gone so far, he must put his neck into the yoke. Cromwell, who knew liow much his own interests were concerned in this affair, was very anxious to learn from the king, ne.xt morning after the marriage, whether he now FALL OF CROMWELL. The king's favour to Cromwell, and his acquiescenco in the marriage with Anne of Cleves, were both of liked his spouse any better The king told him that them deceitful appearances: his aversion to the queen ■ ■ ■ secretly increased every day ; and having at last broken all restraint, it prompted him at once to seek the disso- lution of a marriage so odious to him, and to involve his minister in ruin, who had been the innocent author of it. The fall of Cromwell was hastened by other causes. All the nobility hated a man who, being of such low extraction, had not only mounted above tliem by his station of vicar-general, but had engrossed many of the other considerable offices of the crown : besides enjoying that commission, which gave hira a high and almost absolute authority over the clergy. he hated her worse than ever ; and that her person was more disgusting on a near approach : he was re- solved never to meddle with her ; and even suspected her not to be a true maid : a point about which he entertained an extreme delicacy. He continued, how- ever, to be civil to Anne ; he even seemed to repose his usual confidence in Cromwell ; but though he ex- erted this command over himself, a discontent lay lurking in his breast, and was ready to burst out on the first opportunity. A session of parliament was held, (12th April,) and none of the abbots were now allowed a place in the ^md even over the laity, he was privy-seal, chamber- house of peers. The king, by the mouth of the chan- lain, and master of the wards : he had also obtained cellor, complained to the parliament of the great diver- the order of the garter, a dignity which had ever been sity of religions which still prevailed among his sub- Conferred only on men of illustrious families, and jects: a grievance, he affirmed, which ought the less which seemed to be profaned by its being communi- to be endured, because the scriptures were now pub- cated to so mean a person. The people were averse to fished in English, and ought universally to be the 'dm, as the supposed author of the violence on the standard of behef to all mankind. But he had ap- monasteries ; estabUshments which were still revered pointed, he said, some bishops and divines to draw up and beloved by the commonalty. The catholics re- a list of tenets to which the people were to assent; and garded him as the concealed enemy of their religion : he was determined that Christ, the doctrine of Clirist, the protestants, observing his exterior concurrence and the truth, should have the victory. The king with all the persecutions exercised against them, were seems to have expected more effect in ascertaining truth, from this new book of his doctors, than had en- sued from the publication of the scriptures. Crom- well, as vicar-general, made also, in the king's name, a speech to the upper house ; and the peers in return bestowed great flattery on liim, and in particular said, that he was worthy, by his desert, to be vicar-gpneral of the universe. That minister seemed to be no less in his master's good graces : he received, soon after the inclined to bear him as little favour ; and reproached him with the timidity, if not treachery, of his conduct. And the king, who found that great clamours had on all hands arisen against the administration, was not displeased to throw on Cromwell the load of public liatred ; and ho hoped by making so easy a sacrifice to regain the affections of his subjects. But there was another cause which suddenly set all these motives in action, and brought about an unex- sitting of the parliament, the title of earl of Essex, and pected revolution in the ministry. The king had fixed was installed knight of the garter. , his affection on Catherine Howard, niece to tlie duko There remained only one religious order in England ; of Norfolk ; and being detennined.to gratify this new the knights of St. John of Jerusalem, or the knights of Malta, as tliey are commonly called. This order, partly ecclesiastical, partly military, had by their valour done great serWce to Christendom ; and had very mucli retarded at Jerusalem, Rhodes, and Malta, the rapid progress of the barbarians. During the general surrender of the religious houses in England, they had exerted their spirit, and had obstinately re- fused to yield up their revenues to the king ; and Henry, who would endure no society that professed obedience to the pope, was obliged to have recourse to parliament for the dissolution of this order. Their revenues were large, and formed an addition nowise contemptible to the many acciuisitions whicli the kins had already made. But he had very ill husbanded the gi-eat revenue acquired by the plunder of the church : his profuse generosity dissipated fajster than his rapa- dty could supply ; and the parliament was surprised passion, he could find no expedient but by procuring a divorce from his present consort, to raise Catlierine to his bed and throne. The duke, who had long been en- gaged in enmity with Cromwell, made the same use of her insinuations to ruin this minister, that he had for- merly done of Anne Boleyn's against Wolsey : and when all engines were prepared, he obtained a com- mission from the king to arrest Cromwell at the coun cil-table, on an accusation of high-treason, and to commit him to the To^ver. Immediately after, a bill of attainder was framed against him ; and the house of peers thought proper, without trial, examination, or evidence, to conilemn to death a man, whom a few days before they had declared worthy to be vicar-gene- ral of the universe. The house of commons passed the bill, though not without some opposition. Cromwell was accused of heresy and treason ; but the proofs of liis treasonable practices are utterly improbable, and Chap. XXXII.] HENRY Vlir. 1509—1547. 387 oven absolutely ridiculous. Tlie only circumstance of his conduct by which he seems to liave merited this fate, W.1S his being the instrument of the king's ty- ranny, in conducting like iniquitous bills, in the pre- ceding session, against the countess of Salisbury and others. Cromwell endeavoured to soften the king by the most humble supphcations ; but all to no purpose : it was not the practice of that prince to ruin his ministers and favourites by halves ; and though tlie unhappy prisoner once wrote to him in so moving a strain as even to draw tears from his eyes, he hardened himself against all movements of pity, and refused his pardon. The conclusion of Cromwell's letter ran in those words: " I, a most woful prisoner, am ready to submit to death when it shall please God and your majesty ; and yet the frail flesh incites me to call to your grace for mercy and paidon of mine offences. Written at the Tower with the heavy heart and trembling baud of your liighness's most miserable prisoner, and poor slave, Thomas Cromwell." And a little below, " Most gracious prince, I cry for mercy, mercy, mercy !" When brought to the place of execution, C-Sth July,) he avoided all earnest protestations of his innocence, and all complaints against the sentence pronounced upon him. lie knew that Henry would resent on his son those symptoms of opposition to his will, and that liis death alone would not terminate that monarch's vengeance. He was a man of prudence, industry, and abiUties ; worthy of a better master and of a better fate. Though raised to the summit of power from a low origin, he betrayed no insolence or contempt towards his inferiors ; and was careful to remember all the oblig.itions which, during his more humble fortune, he had owed to any one. He had served as a private sentinel in the Italian wars ; when he received some good offices from a Lucquese merchant, who had en- tirely forgotten his person, as well as the service which he had rendered him. Cromwell, in his grandeur, happened at Loudon to cast his eye on his benetac- tor, now reduced to poverty by misfortunes. He im- mediately sent for him, reminded him of their ancient friendship, and by his grateful assistance reinstated him in his former prosperity and opulence. KING'S DIVORCE FROM ANNE OF CLEVES. The measures for divorcing Henry from Anne of Cleves were carried on at the same time with the bill of attainder against Cromwell. The house of peers, in conjunction with the commons, applied to the king by petition, desiring that he would allow his marriage to be examined ; and orders were immedi- ately given to lay the matter before the convocation. Aime baa formerly been contracted by her father to the duke of Lorraine ; but she, as well as the duke, were at that time under age, and the contract had been afterwards annulled by consent of both par- ties. The king, however, pleaded this pre-contract .as a ground of divorce ; and he added two reasons more, which may seem a little cxtraordin.ary ; tliat when he espoused Anne he had not inwardly given his consent, and that ho had not thought proper to consunnnute the marriage. The convocation was satisfied with these reasons, and solemnly annulled the marriage be- tween the king and queen : the parliament ratified the decision of the clergy ; [See note 3 C, at the end of this Vol.'\ and the sentence was soon after notified to the princess. Anne was blest with a happy insensibility of temper, even in the points wluch the most nearly affect her se.x ; and the king's aversion towards her, as well as his prosecution of the divorce, had never given her the least uneasiness. She willingly hearkened to terms of accommodation with him ; and when he offered to adopt her as his sister, to give her pl.ace next the queen and his own daughter, and to make a settlement of three thousand pounds a year upon her. she ac- cepted of the conditions, and gave her consent to the divorce. She even wrote to her brother, (for her father was now dead,) that she had been very woU used in England, and desired him to live on good terms with the king. The only instance of pride wluch she betrayed was, that she refused to return to her own country after the affront which she had received ; and she lived and died in England. Notwithstanding Anne's moderation, this incident produced a great coldness between the king and the German princes ; but as the situation of P'urope was now much altered, Ileui-y was the more indifferent about their resentment. The close intimacy which had taken place between Francis and Charles had sub- sisted during a very short time : the dissimilarity of their characters soon renewed, with greater violence than ever, their former je.alousy and hatred. Wliile Charles remained at Paris, Francis had been impru- dently engaged, by his open temper, and by that satisfaction which a noble mind naturally feels in per- forming generous actions, to make in confidence some dangerous discoveries to that interested monarch ; and having now lost all suspicion of his riv,al, lie hoped that the emperor and he, supporting each other, might neglect every other alliance. He not only communi- cated to his guest the slate of his negociations with sultan Solymau and the Venetians ; he also laid open the solicitations which he had received from the court of England to enter into a confederacy against him. Charles had no sooner reached his own dominions, than he showed himself unworthy of the friendly re- ception which he had met with. He absolutely re- fused to fulfil his promise, and put the duke of Orleans in possession of the Jlilanese : he informed Solynian and the senate of Venice of the treatment which they had received from their ally ; and he took care that Henry should not be ignorant how readily Francis had abandoned his ancient friend, to whom he owed such important obligations, and had sacrificed him to a new confederate : he even poisoned and misrepresented m.any things which the unsuspecting heart of the French monarch had disclosed to him. Had Henry possessed ti-ue judgment and generosity, this incident alone had been sufficient to guide him in the choice of his .ally. But his domineering pride carried him im- mediately to renounce the friendship of Francis, who had so unexpectedly given the preference to the em- peror : and as Charles invited him to a renewal of ancient amity, he willingly accepted the offer ; and thinking himself secure in this alliance, ho neglected the friendship both of Francis and of the German princes. HIS MARRIAGE WITH CATHERINE HOWARD. Augusts. The new turn which Henry had taken with regard to foreign affairs was extremely agreeable to his catho- lic subjects ; and as it had perhaps contributed, among other reasons, to the ruin of Cromwell, it made them entertain hopes of a final prevalence over their anta- gonists. The marriage of the king with Catherine Howard, which followed soon after his divorce from Anne of Cleves, was also regarded as a fiivourable in- cident to their party; and the subsequent events cor- responded to their expectations. The king's councils being now directed by Norfolk and Gardiner, a furious persecution commenced against the protestants; .ind the law of the six articles w as executed with rigour. Dr. Barnes, who had been the cause of Lambert's execution, felt in his turn the severity of the persecuting spirit; and, by a bill which passed in parliament, he w,a.s, with- out trial, condemned to the flames, together with Jeromo Gerrard. He discussed theological questions even a1 the stake; and as the dispute between him and the sheriff turned upon the invocation of saints, he said, that he doubted whether the saints could pray for us, but if they could, he hoped in half-an-hour to be pray- 388 THE HISTORY OF ENGLAND. [Chap. XXXII. mg for the sheriff and the spectators. He next en- treated the sheiiff to carry to the kina: his dying re- quest, which lie fondly imagined would have authority with that monarch, who had sent him to the stake. The iiurport of his request was, that Henry, besides repressing superstitious ceremonies, should be ex- tremely vigilant in preventing fornication and common swearing. While Henry was exerting his violence against the protestants, he spared not the catholics who denied his supremacy ; and a foreigner at that time in Eng- land had reason to say, that those who were against the pope w^ere burned, and those who were for him were hanged. The king even displayed in an osten- tatious manner this tyrannical impartiality, which re- duced both parties to subjection, and infused terror into every breast. Barnes, Gerrard, and Jerome had been carried to the place of execution on three hur- dles : and along with them tliere was placed on each hurdle a catholic, who was also executed for his re- ligion. These catholics were Abel, Fetherstono, and Powel, who declared that the most grievous part of their punishment was the being coupled to such here- tical miscreants as suffered with them. Though the spirit of the English seemed to bo to- tally sunk under the despotic power of Henry, there appeared some sj'niptoms of discontent : an incon- siderable rebellion broke ont in Yorkshire, headed by sir John Nevil ; but it was soon suppressed, and Nevil, with other ringleaders, was executed. The rebels were supposed to have been instigated by the intrigues of cardinal Pole ; and the king was instantly deter- mined to make the countess of Salisbury, who already lay under sentence of death, suffer for her son's of- fences. He ordered her to be carried to execution ; (27th May;) and this venerable matron maintained still, in these distressful circumstances, the spirit of that long race of monarchs from which she was de- scended. She refused to lay her head on the block, or submit to a sentence where she had received no trial. She told the executioner, that if he would have her head, he must win it the best way he could: and thus, shaking her venerable grey locks, she ran about the scaffold ; and the executioner followed her with his axe, aiming many fruitless blows at her neck before he was able to give the fatal stroke. Thus perished the last of the line of Plantagenet, which with great glory, but still greater crimes and misfortunes, had governed England for the space of three hundred years. Lord liOonard Grey, a man who had formerly rendered service to the crown, was also beheaded for treason soon after the countess of Salisbury. We know little concerning the grounds of his prosecu- tion. Tlie insuriection in the north engaged Henry to make a progress thither, in order to quiet the minds of his people, to reconcile them to his government, and to abolish the ancient superstitions to which those parts were much addicted. [1541.] He had also an- other motive for this journey: he purposed to have a conference at York with his nephew, the king of Scot- land, and, if possible, to cement a close and indissoluble union with that kingdom. STATE OF AFFAIKS IN SCOTLAND. The same spirit of religions innovation which had seized other parts of Europe, had made its way into Scotland, and had begun, before this period, to excite tlie same jealousies, fears, and persecutions. About the year 1527, Patrick Hamilton, a young man of a noble family, having been created abbot of Feme, was sent abroad for his education; but had fallen into company with some reformers, and he returned into his own country, very ill-disposed towards that church, oli which his birth and his merit entitled him to attain \lie highest dignities. The fervour of youth, and his zeal for novelty, made it impossible for him to conceal his sentiments; and Campbell, prior of the Domini. cans, who under colour of friendship and a sympathy in opinion had insinuated himself into his confidence, accused him before Beaton, archbishop of St. Andrev/s, Hamilton was invited to St. Andrews, in order to maintain with some of the clergy a disinite concerning the controverted points; and after much reasoning with regard to justification, free-will, original sin, and other topics of that nature, the conference ended with their condemning Hamilton to be burned for his er. rors. Tlie young man, who had been deaf to the in- sinuations of ambition, was less likely to be shaken with the fears of death ; while he proposed to himself both the glory of bearing testimony to the truth, and the immediate reward attending his martyrdom. The people, who compassionated his youth, his virtue, and his noble birth, were much moved at the const.ancy of his end; and an incident which soon followed still more confirmed them in their favourable sentiments towards him. He had cited Campbel, who still insulted him at the stake, to answer before the judgment-seat of Christ ; and as that persecutor, either astonished with' these events, or overcome with remorse, or, perh.ips, seized casually with a distemper, soon after lost his senses, and fell into a fever, of which he died, the people re- garded Hamilton as a prophet as well as a martyr. Among the disciples converted by Hamilton was one friar Forrest, who became a zealous preacher; and who, though he did not openly discover his sentiments, was suspected to lean towards the new opinions. His diocesan, the bishop of Dunlcel, enjoined him, when ho met with a good epistle or good gospel which favoured the liberties of holy church, to preach on it, and let the rest alone. Forrest replied, that he had read both Old and New Testament, and had not found an ill epistle or ill gospel in any part of them. The extreme at- tachment to the scrii)tures was regarded in those days as a sure characteristic of lieresy ; and Foirest was soon after brought to trial, and condemned to the flames. W^hile the priests were deliberating on tlie place of his execution, a bystander advised them to burn him in a cellar : for that the smoke of Mr. Patrick Hamilton had infected all those on whom it blew. The clergy were at that time reduced to great diffi- culties, not only in Scotland, but all over Europe. As the reformers aimed at a, total subversion of ancient establishments, which they represented as idolatrous, impious, and detestable ; the priests, who found botli their honours and properties at stake, thought that they had a right to resist, by every expedient, these dangerous invaders, and that the same simple princi- ples of equity which justified a man in killing a pirate or a robber, would acquit them for the execution of such heretics. A toleration, though it is never accept- able to ecclesiastics, might, they said, be admitted in otlier cases ; but seemed an absurdity where funda- mentals were shaken, and where the possessions and even the existence of the established clergy were brought in danger. But though tlie church was thus carried by policy, as well as inclination, to kindle the fires of persecution, they found the success of this remedy very precarious, and observed, that the enthu- siastic zeal of the reformers, inflamed by punishment, was apt to prove contagious on the compassionate minds of the spectators. The new doctrine, amidst all the dangers to which it was exposed, secretly spread itself everywhere ; and the minds of men were gra- dually dispo-sed to a revolution in religion. But the most dangerous symptom for the clergy in Scotland was, that the nobility, from the example of England, had cast a wishful eye on the church re- venues, and hoped, if a reformation took place, to enrich themselves by the plunder of the ecclesiastics. James himself, who was very poor, and was somewhat inclined to magnificence, particularly in building, had been swayed by like motives; and began to thieaten the clergy with the same fate that had attended them Chap. XXXI I.] HENRY vrrr. 1509—1547 389 in the neighbouring country. Tlonry also never ceased exhortinf; liis nephew to imitate his example; and being moved both by the pride of making proselytes, and the prospect of security, should Scotland embrace a close union with him, ho solicited the king of Scots to meet him at York ; and he obtained a promise to that purpose. The ecclesiastics were alarmed at this resolution of James, and they employed every expedient in order to prevent the execution of it. They represented the danger of innovation ; the pernicious consequences of aggrandizing the nobility, already too powerful ; the hazard of putting himself into the hands of the Eng- lish, his hereditary enemies ; the dependence on them which must ensue upon his losing the friendship of France, and of all foreign powers. To these considera- tions tliey added the prospect of immediate interest, by which they found the king to be much governed : they offered him a present gratuity of fifty tliousand pounds : they promised him that the church should always be ready to contribute to his supply; and they pointed out to him the confiscation of heretics, as the nieaus of filling his exchequer, and of adding a hun- dred thousand pounds a year to the crown revenues. The insinuations of his new queen, to whom youth, beauty, and address had given a powerful influence over him, seconded all these reasons ; and James was at last engaged first to delay his journey, then to send excuses to the king of England, who had already come to York, in order to be present at the interview.* Henry, vexed with the disappointment, and enraged at the affront, vowed vengeance against his nephew ; and he began, by permitting piracies at sea and incur- sions at land, to put his threats in execution. }5ut he received soon after, in his own family, an affront to which he was much more sensible, and which touched him in a point where he always showed an extreme delicacy. He had thought himself very happy in his new marriage : the agreeable person and disposition of Catherine had entirely captivated his affections; and he made no secret of his devoted attachment to her. He had even publicly, in his own chapel, re- turned solemn thanks to heaven for the felicity which the conjugal state afforded him ; and he directed the bishop of Lincoln to compose a form of prayer for that purpose. But the queen's conduct very little merited this tenderness : one Lascelles brought intelligence of her dissolute life toCranmer; and told him that his sister, formerly a servant in the family of the old duchess of Norfolk, witli whom Catherine was edu- cated, had given him a particular account of her licen- tious manners. Derham and Mannoc, both of them servants to the duchess, had been admitted to her bed; and she had even taken little care to conceal her shame from the other servants of the family. The primate, struck with this intelHgence, which it was equ.ally dangerous to conceal or to discover, communi- cated the matter to the earl of Hertford, and to the chancellor. They agreed that the matter should by no means be buried in silence ; and the archbishop himself seemed the most proper person to disclose it to the king. Cranmer, unwilling to speak on so deli- cate a subject, wrote a narrative of the whole, and conveyed it to Henry, who was infinitely astonished at the intelligence. So confident was he of the fidelity of his consort, that at first he gave no credit to the in- formation ; and lie said to the privy-seal, to lord Russel, high-admiral, sir Anthony Brown, and Wriothesley, that he regarded the whole as a falsehood. Cranmer was now in a very perilous situation ; and had not full proof been found, certain and inevitable destruction hung over him. The king's impatience, however, and jealousy, prompted him to search the matter to the bottom : the privy-seal was ordered to examine Las- • Henry had sent snmc ^c^oks, richly ornamenteO, to his nephew, who. a3 seOD as he saw tiy the titles that they had a tendency to defenti the new doc- lrUi«, threw them into the fire, in the presence of the person svho hitju;,'lit them: adding, it was belter he should destrvy them than they hitu. Sec EpiK. Reginald. Pole, pari. 1. p. 173. celles, who persisted in the information he had given ; and still appealed to his sister's testimony. That nobleman next made a journey under pretence of hunting, and went to Sussex, where the woman at that time resided : he found her both constant in her former intelligence, and particular as to the facts ; and tho whole bore but too much the face of probability. Man- noc and Derham, who were arrested at the same time, and examined by the chancellor, made the queen's guilt entirely certain by their confession; and dis- covered other particulars which redounded still more to her dishonour. Three maids of the family were ad- mitted into her secrets, and some of them had even passed the night in bed with her and her lovers. All the examinations were laid before the king, who was so deeply affected that he remained for a long time speech- less, and at last burst into tears. He fouud, to his sur- prise, that his great skill in distinguishing a true maid, of which he boasted in the case of Anne of Cleves, had failed him in that of his present consort. The queen being next questioned, denied her guilt ; but when in- formed that a full discovery was made, she confessed that she had been criminal before marriage; and only insisted that she had never been false to the king's bed. But as there was evidence that one Colepepper had passed the night with her alone since lier mar- riage, and as it appeared that she had taken Derham, her old paramour, into her service, she seemed to de- serve little credit in this asseveration ; and the king, besides, was not in a humour to make any difference between these degrees of guilt. 1542. Henry found that he could not by any means so fully or expeditiously satiate his vengeance on all these criminals, as by assembling a parliament, (ICth January,) tho usual instrument of his tyranny. The two houses, having received the queen's confes- sion, made an address to the king. They entreated him not to be vexed with this untoward accident, to which all men were subject ; but to consider the frailty of human nature, and the mutability of human affairs; and from these views to derive a subject of consolation. Tlioy desired leave to pass a bill of at- tainder against the queen and her accomplices ; and they begged him to give his assent to this bill, not in person, which would renew his vexation, and might endanger his health, but by commissioners appointed for that purpose. And as there was a law in force, making it treason to speak ill of the queen, as well as of the king, they craved his royal pardon if any of them should, on the present occasion, have trans- gressed any part of the statute. Having obtained a gracious answer to these re- quests, the parliament proceeded to vote a bill of at- tainder for treason against the queen, and the vis- countess of Rochefort, who had conducted her secret amours ; and in this bill Colepepper and Derham were also comprehended. At the same time they passed a bill of attainder for misprision of treason against the old duchess of Norfolk, Catherine's grandmother ; her uncle, lord "William Howard, and his lady, together with the countess of Bridgewatcr, and nine persons more; because they knew the queen's vicious course of life before her marriage, and had concealed it. This was an effect of Henry's usu.al extravagance, to ex- pect that parents should so f;>r forget the ties of natural affection, and the sentiments of shame and decency, as to reveal to him the most secret disorders of their family. He himself seems to have been sen- sible of the cruelty of this proceeding : for he par- doned the duchess of Norfolk, and most of the others condemned for misprision of treason. However, to secure himself for the future, as well as his successors, from this fatal accident, he engaged the parliament to pass a law somewhat extraordinary. It was enacted, Tliat any one who knew, or vehe- mently suspected .any guilt in the queen, might witlu'u twenty days disclose it to the king or council, without incurring the penalty of any former law against de- 890 THE HISTORY OF ENGLAND. [Chap. XXXII. faming tlio queen ; but pi-oliibitiiig every one .at the same time tVom spreading tlie matter abroad, or even privately wliispering it to others : it was also enacted, That it" the king married any woman who had been incontinent, taking her for a true maid, she should be guilty of treason if slio did not previously reveal her guilt to him. The people made merry with tliis sin- gular clause, .ind said, that tlie king must henceforth look out for a widow ; for no reputed maid would ever be persuaded to incur the penalty of the statute. After all these laws were passed, the queen was beheaded on Tower-hill, togetlier with lady Rocheford. They behaved in a manner suitable to their dissolute life : and as lady Ilocheford w.is known to be the cliief in- strument in bringing Anne Boleyn to her end, she died unpitied; and men were furtlier confirmed, by the discovery of tiiis woman's guilt, in the favourable Bentiments which they had entertained of that unfor- tunate queen. The king made no demand of any subsidy from this parliament ; but he found means of enriching liis ex- chequer from another quarter : he took further steps towards the dissolution of colleges, hospitals, and other foundations of that nature. The courtiers had been practising on the presidents and governors to make a surrender of their revenues to tlie king ; and they had been successful with eight of them. But there was an obstacle to their further progress : it had been provided, by the local statutes of most of these foun- dations, that no president or any number of fellows tould consent to such a deed, without the unanimous vote of all tlie fellows ; and this vote was not easily obtained. All such statutes were annulled by parlia- ment; and the revenues of these houses were now ex- posed to the rapacity of the king and his fiivourites. ISee note 3D, at the end of this Vol.J The church had been so long their prey that nobody was surprised at any new inroads made upon her. From the regular, Henry now proceeded to m:ike devastations on the secular clergy. He extorted from many of the bishops a surrender of chapter-lands; and by this device he pillaged the sees of Canterbury, York, and London, and enriched his greedy parasites and flatterers with their spoils. ECCLESIASTIC AFFAIRS The clergy have been commonly so fortunate as to make a concern for their temporal interest go hand in hand with a jealousy for orthodoxy ; and both these passions be regarded by the people, ignorant and su- perstitious, as proof of zeal for religion ; but the violent and headstrong character of Uenry now dis- joined these objects. His rapacity was gratified by plundering the church, his bigotry and arrogance by persecuting heretics. Though he engaged the parlia- ment to mitigate the penalties of the six articles, so far as regards the m.arriage of priests, which was now only sulijected to a forfeiture of goods, chattels, and lands, during life ; he was still equally bent on main- taining a rigid purity in speculative principles. He had appointed a commission consisting of the two arch- bisliops, and several bishops of both provinces, toge- ther with a considerable number of doctors of divinity ; and by virtue of his ecclesiastical supremacy, he had given them in charge to choose a religion for his people. Before the commissioners had made any progress in this arduous undertaking, the parliament in 1541 had passed a law, by which they ratified all the tenets which these divines should thereafter establisli with the king's consent : and they were not ashamed of thus expressly declal^ng that they took their religion upon trust, and had no otiier rule, in spiritual as well as temporal concerns, than the arbitrary will of tlicir master. There is only one clause of the statute which may seem at first sight to favour somewhat of the spirit of liberty : it was enacted. That the ecclesiastical commissioners should establish nothing repugnant to the laws and statutes of the realm. But in reality this proviso was inserted by the king, to serve his own purposes. By introducing a confusion and contra- diction into the laws, he became more master of every one's life and property. And as the ancient inde- pendence of the church still gave him jealousy, he was well pleased, under cover of such a clause, to in- troduce appeals from the spiritual to the civil courts. It was for a like reason that he would never pro- mulgate a body of canon-law ; and he encouraged the judges on all occasions to interpose in ecclesiastical causes, whei-ever they thought the law of royal pre- rogative concerned. A happy innovation, though at first invented for arbitrary purposes ! The king, armed by the authority of parliament, or rather by their acknowledgment of that spiritual supre- macy which he believed inherent in him, employed his commissioners to select a system of tenets for the as- sent and belief of the nation. A small volume was soon after puhUshed, called the lastiltition of a Chris- tian Man, which was received by the convocation, and voted to be the standard of orthodoxy. All the deli- cate points of justification, faith, free-will, good workS; and grace, are there defined with a leaning towards the opinion of the reformers : the sacraments, which a few years before were only allowed to be three, were now increased to the number of seven, conformably to the sentiments of the catholics. The king's caprice is discernible throughout the whole ; and the book is in leality to be regarded as his composition. For Henry, while he made his opinion a rule for the nation, would tie his own hands by no canon or authority, not even by any which he himself had formerly established. The people had occasion, soon after, to see a further instance of the king's inconstancy. He was not long satisfied with his Institution of a Christian M.an : he ordered a new book to be composed, called the Eru- dition of a Christian Alan ; and, without asking the assent of the convocation, he published, by his own authority and that of the parliament, this new model of orthodoxy. It differs from the Institution ; but the king was no less positive in his new creed th.an he had been in the old ; and he required the belief of the nation to veer about at his signal. In both these com- positions he was particularly careful to inculcate the doctrine of passive obedience ; and he was equally careful to retain the nation in the practice. While the king was spreading his own books among the people, he seems to have been extremely perplexed, as were also the clergy, what course to take with the scrijitures. A review had been made by the synod, of the new translation of the Bible ; and Gardiner had proposed, that instead of employing English expres- sions throughout, several Latin words should still be preserved ; because they contained, as he pi"etended, such peculiar energy and significance, that they had ns correspondent terms in the vulgar tongue. Among these were, ecclesia, p pounds, sixteen pence ; from twenty iind upwards, two shillings. Lands, fees, and annuities, from twenty shil- lings to five pounds, paid eight pence in the pound : from five pounOR to ten pounds, sixteen pence : from ten pounds to twenty pounds, two sbillinf a from twenty pountis and upwards, three shillings. 3E 394 THE HISTORY OF ENGLAND. [Chap. XXXIII. prisonmoit. Indict nipnts iiuist be laid within a year after tlie ufl'once, and the prisoner was .allowed to bring witnesses lor his excul)>ation. These ])enalties were lighter than those wliich were formerly imposed on a denial of the real presence : it was, however, siJbjoincd in this statute, that the act of the six .articles was still in force. But in order to make the king more entirely master of his people, it was enacted. That he might hereafter at his jdeasure change this act, or any pro- vision in it. By this clause both parties were retained in subjection: so far as regarded religion, the king was invested in the fullest manner with the sole legislative authority in his kingdom : and all his subjects were, under tlie severest penalties, expressly bound to receive in)]ilicit!}' whatever doctrine he should please to recom- mend to them. The reformers began to entertain hopes that this great power of the crown might still be employed iu their favour. The king married Cathoine Par, widow of Nevil lord Latimer ; (.July 12th;) a woman of virtue, and somewhat inclined to the new doctrine. By this marriage Henry confirmed what had formerly been foretold in jest, that he would be obliged to espouse a widow. The king's league with the emperor seemed a cii-cunistance no less favourable to the catholic party ; and thus matters remained still nearly b.alanced be- tween the tactions. The advantages gained by this powerful confederacy between Henry and Charles were inconsiderable during the present year. The campaign was opened with a victory gained by the duke of Cleves, Francis's ally, over the forces of the emperor : Francis in person took the field early, and made himself master, without re- sistance, of the whole duchy of Luxembourg: he af- terw.ards took Landrecy, and added some fortifications to it. Charles having at last assembled a powerful amiy, appeared in the Low Countries ; and after taking almost every fortress in the duchy of Cleves, he re- duced the duke to accept of the terms which he was pleased to prescribe to him. Being then joined by a body of six thousand English, he sat down before Lan- drecy, and covered the siege with an army of above forty thousand men. Francis advanced at the head of an army not much inferior ; as if he intended to give the emneror battle, or oblige him to raise the siege: but while these two rival monarchs were facing each other, and all men were in expectation of some great event, the French king found means of throwing suc- cour into Landrecy ; and having thus eft'ected his pur- pose, he skilfully made a retre.at. Charles, finding the season far advanced, despaired of success in his enter- prise, and found it necessary to go into winter-quarters. AFFAIRS IN SCOTLAND. The vanity of Henry was flattered by the figure which he made in the great transactions on the con- tinent: but the interests of his kingdom were more deeply concerned iu the event of affairs in Scotland. Arran, the governor, was of so indolent and unambi- tious a chai-acter, that had he not been stimulated by his friends and dependents, he never had aspired to any share in the administration ; and when he found him- self overpowered by tlie party of the queen-dowager, the cardinal, and the earl of Lenox, he was glad to ac- cept of any terms of accommodation, however dis- honourable. He even gave them a sure pledge of his sincerity, by renouncing the princiides of the re- fonners, and reconciling himself to the Bomish com- munion in the Franciscan church at Stirling. By this weakness and levity he lost his credit with the whole nation, and rendered the protestants, who were hitherto the chief support of his powei-,hismortal enemies. The cardinal acanired an entire ascendant in the kingdom : the iiueen-dowagfc.' placed imjilicit confidence iu him: the governor was obliged to yield to him in every pre- tension : Lenox alone was become an obstacle to his mcRsnres, and reduced him to some difiicultv. The inveterate enmity wliich had taken place be- tween the families of Lenox and Arran made the in- terests of these two noblemen entirely incompatible; and as the cardinal and the French party, in order to engage Lenox the more in their cause, had flattered him with the hopes of succeeding to the crown after their infant sovereign, this I'lvalship had tended still further to rouse the animosity of the Ilaniiltons. Le- nox too had been encouraged to aspire to the mani.age of the queen-dowager, which would have given him some pretensions to the regency: and as he was become assuming on .account of the sei-\ices wliich he had ren- dered the party, the cardinal found that since he must choose between the friendship of Lenox and that of Ari-an, the latter nobleman, who was more easily go- verned, and who was invested with present authoi-ily, was in every respect preferable. Lono.x, finding that he was not likely to succeed in his pretensions to the qucen-dow.ager, and that Ari'an, favoured by the car- dinal, had acquired the ascendancy, retired to Dunbar- tori, the governor of which was entirely at his devotion : ho entered into a secret correspondence with the Eng- lish court; and he summoned his vassals and partisans to attend him. All those who were inclined to the pro- testant religion, or were on any account discontented with the cardinal's administration, now regarded Lenox as the head of their party ; and they readily made him a tender of their services. In a little time he h.ad col- lected an army often thousand men, and he threatened his enemies with immediate destruction. The cardin.al had no equal force to oppose to him, but as he was a prudent man, he foresaw that Lenox could not long subsist so great an army, and he endeavoured to gain time by opening a negociation with him. He seduced his followers by various artifices ; he prevailed on the Douglases to change party; he rejiresented to the whole nation the danger of civil wars and commotions: and Lenox, observing the unequal contest in which he was engaged, was at last obliged to lay down his arms, and to accept of an accommodation with the governor and the cardinal. Present peace was restored ; but no con- fidence took place between the parties. Lenox, forti- fying his castles, and putting himself in a posture of de- fence, waited the arrival of English succours, from whose assistance alone he expected to obtain the supe- rioritv over his enonies. A PARLIAMENT. January 14, 1544. While the winter season restrained Henry from military operations, he summoned a new parliament ; in which a law was passed, such as he was pleased to dictate, with regard to the succession of the crown. After declaring that the prince of Wales or any of the Icing's male issue were first and immediate heirs to the crown, the parliament restoi'ed the two prir.cesses, Mary and Elizabeth, to their right of succession. This seemed a reasonable piece of justice, and coiTected what the king's former violence had thrown into confusion ; but it was impossible for Henry to do anything, how laudable soever, without betraying, in some circum- stance, his usual ejitravagance and caprice : though he opened the way for these two princesses to mount the throne, he would not allow the acts to be reversed which had declared them illegitimate ; he made the parliament confer on him a power of still excluding them, if they refused to submit to any conditions which he should bo pleased to impose ; and he required them to enact, that in defaiilt of his own issue, he might dis- pose of the crown as he pleased, by w ill or letters-pa- tent. He did not probably foresee, that, in proportion as he degraded the parliament, by rendering it the pas- sive insti'ument of his variable and violent inclinations, he taught the peojde to regard all its acts as invalid, and thereby defeated even the purposes which he waa so bent to attain. An act passed, declaring that the king's usual style 1 should be " King of England, France, and Ireland, de- Chap. XXXIIL] HENRY VIII. 1509—1547 395 fender of the faith, and ou earth the supreme head of the church of Kngland and Ireland." It seemed a palpable inconsistency to retain tlie title of Defender of the Faith which the court of Rome had conferred on him, for maintaining its cause against Luther ; and yet subjoin his ecclesiastical supremacy in opposition to the claims of that court. An .act also passed for the remission of the debt which the king had lately contracted by a general loan, levied on tlie people. It will easily be believed, that after the former act of this kind, the loan was not en- tirely voluntary. But there was a j)eculiar circum- stance attending the present statute, which none but Henry would have thought of; namely, that tliose who had already gotten payment, cither iii whole or in part, should refund tlie money to the exchetiuer. The oaths which Henry imposed for the security of his ecclesiastical model, were not more reasonable than his other measures. All his subjects of any distinction liad already been obliged to renounce the pope's .supre- macy ; but as the clauses to which they swore had not been deemed entirely satisfactory, another oath was imposed; and it was added, that all those who had taken the former oaths should be understood to have taken the new one. A strange supposition! to repre- sent men as bound by an oath whicli they had never taken. The most commendable law to wliich the i)arliament gave their sanction, was that by wliich they mitigated the law of the six articles, and enacted, that no person should be put to his trial upon an accusation concern- ing any of the offences comprised in that sanguinary statute, except on the oath of twelve persons before commissioners authorized for the pui-pose; and that no person should be arrested or committed to ward for any such offence before he was indicted. Any preacher accused of speaking in his seiTiion contrary to these ar- ticles, must bo indicted within forty days. T^he king always experienced the limits of his autho- rity whenever he demanded subsidies, however mode- rate, from the parliament; and therefore, not to hazard a refusal, he made no mention this season of a supply: but as his wars both in France and Scotland, as well as his usual prodigality, had involved him in great ex- pense, he had recourse to other methods of filling his exchequer. Notwithstanding the formei- abolition of his debts, he yet required new loans from his subjects : and he enhanced gold from forty-five shillings to forty- eight an ounce ; and silver from three shillings and ninepence to four shillings. His pretence for this in- novation was to prevent the money from being ex- ported ; as if that expedient could anywise serve the purpose. He even coined some base money, and or- dered it to be cuiTent by proclamation. He named commissioners for levying a benevolence, and he ex- torted about seventy thousand pounds by this expe- dient. Read, alderman of London, a man somewhat advanced in years, having refused to contribute, or not coming up to the expectation of the commissioners, was enrolled as a foot-soldier in the Scottish wars, and was there taken prisoner. Roach, who had been equally refractory, was thrown into prison, and obtained not his -liberty but by paying a large composition. These powers of the prerogative, (which at that time passed unquestioned,) the compelling of any man to serve in any office, and the imprisoning of any man during plea- sure, not to mention the practice of extorting loans, rendered the sovereign in a manner absolute master of the person and property of every individual. Barly this year the king sent a fleet aud an .irniy to invade Scotland. The fleet consisted of near two hundred vessels, and carried on board ten thousand men. Dudley, lord Lisle, conducted the sea-forces ; the earl of Hertford the land. The troops were disem- barked near Leith ; and, after dispersing a small bodv which opposed them, they took that town without re- sistance, and then marched to Edinburgh. Tiie gates ^vere soon beaten down ; (for little or no resistance was made ;) and the English first pillaged, and then set firp to the city. The regent and cardinal were not prejiared to oppose so great a force, and they fled to StirUng. Hertford marched eastward (I8th May); and being joined by a new bodj nmler Evers, warden of the east marches, he laid waste the whole country, burned and destroyed lladdingtcu and Dunbar, then retreated into England ; having lost only forty men in the whole expedition. The earl of Arran collected some forces ; but finding that the English were already dejiarted, he turned them against Lenox, who was justly suspected of a coiTespondence with the enemy. That nobleman, .after making some resistance, was obliged to fly into England ; where Henry settled a pension on him, and even gave him his niece, lady Margaret Douglas, in marriage. In return, Lenox stipulated conditions by which, had he been able to execute them, he must liave reduced his country to total servitude. Henry's policy was blamed in this sudden and violent incursion ; by which he inflamed the passions of the Scots, without subduing their spirit ; and it was com- monly said, that he did too much if he intended to solicit an alliance, and too little if he meant a conquest. But the reason of his recalling the troops so soon was, his eagerness to carry on a projected enterprise against France, in which he intended to employ the whole force of his kingdom. He had concerted a plan with the emperor, which threatened the total ruin of tliat monarchy, and must, as a necessary consequence, have involved the ruin of England. These two princes had ■agreed to invade France with forces amounting to above a hundred thous.and men : Henry engaged to set out from Calais ; Charles from the Low Countries : they were to enter on no siege ; but leaving all the frontier towns behind them, to march directly to Paris, where they were to join their forces, and thence to proceed to the entire conquest of the kingdom. Fiance could not oppose to these formidable preparations much above forty thousand men. CAMPAIGN IN FRANCE. July 14. Henry, having appointed the queen regent during his absence, passed over to Calais with thirty thousand men, accompanied by the dukes of Norfolk and Suffolk, Fitzalan, carl of Arundel, Vere, earl of 0.\.ford, the earl of Suirey, Paulet lord St. .John, lord Ferrers of Chart- ley, lord Mountjoy, lord Grey of Wilton, sir Anthony Blown, sir Francis Bryan, and the most flourishing no- bility and gentry of this kingdom. The English army was soon joined by the count de Buren, admiral of Flanders, with ten thousand foot and four thou.sand horse ; and the whole composed an army wliich nothing on that frontier was able to resist. The chief force of the French armies was drawn to the side of Cham- pagne, in order to oppose the Imperialists. The emperor, with an army of near si.xty thousand men, had taken the field much earlier than Henry ; and not to lose time, while he waited for the arrival of his confederate, he sat down before Luxembourg, whicli was surrendered to him : he thence proceeded to Com- mercy on the Meuse, which he took : Ligny met with the same fate: he next laid siege to St. Disier on the Mariie, which, though a weak place, made a brave re- sistance, under the count of Sanccrre, the governor, and the siege was protracted beyond expectation. The emperor was employed before tliis town at tlie time the English forces were assembled in Picardy. Henry, either tempted by the defenceless condition of the French frontier, or thinking that the emperor had first broken his engagement, by forming sieges, or per- haps foreseeing at last the d.angerous consequences of entirely subduing the French power, instead of march- ing forward to Paris, sat down before Montreuil and Boulogne. The duke of Norfolk commanded the army before Montreuil : the king himself that before Bou- lo.'iie. Vervin was governor of the latter place, and under him Philip Corse, a brave old soldier, who en- 396 THE HISTORY OP ENGLAND. [Chap. XXXIll. coui-aged tlie garrison to defend themselves to the last extremity against tlie English. He was killed on the 14th of Seiitember during the course of the siege, and the town was inunediately surrendered to Henry by the eowardice of Vervin ; who was afterwards beheaded for this dishonourable capitulation. During the course of this siege Charles had taken St. Disier ; and finding the season much advanced, he began to hearken to a treaty of peace with France, since all his schemes for subduing that kingdom were likely to prove abortive. In order to have a pretence for desert- ing his ally, he sent a messenger to the English camp, requiring Henry immediately to fulfil his engagements, and to meet him with his army before Paris. Henry replied, that he was too far engaged in the siege of Boulogne to raise it with honour, and that the emperor liimsclf had first broken the concert by besieging St. Disier. This answer served Charles as a sufficient rea- son for concluding a peace with Francis, at Crepy, on the 18th of September, where no mention was made of England. He stipulated to give Flanders as a dowry to his daughter, whom ho agreed to marry to the duke of Orleans, Francis's second son; and Francis in re- turn withdrew his troops from Piedmont and Savoy, and renounced all claim to Milan, Naples, and other territories in Italy. This jieace, so advantageous to Francis, was procured partly by the decisive victory obtained in the beginning of the campaign by the coimt of Anguyen over the Imperialists atCerisolles in Pied- mont, partly by the emperor's great desire to turn liis arms against the protestant princes in Germany. Charles ordered his troops to separate from the English in Picardy; and Henry, finding himself obliged to raise the siege of Montreuil, returned into England on the 30th of September. This campaign served to the popu- lace as a matter of great triumph ; but all men of sense concluded that the king had. as in all his former mili- tary enterprises, made, at a great expense, an acjuisi- tion which was of no importance. The war with Scotland, meanwhile, was conducted feebly, and with various success. Sir Ralpli Evers, now lord Evers, and sir Bryan Latonn, made an inroad into that kingdom ; and having laid waste the counties of Teviotdale and the Morse, they proceeded to the abbey of Coldinghani, wliieh they took possession of and fortified. The governor assembled an army of eight thousand men, in order to dislodge them from this post ; but he had no .sooner opened his batteries before the place than a sudden panic seized liim ; he left the army, and fled to Dunbar. He complained of the mutiny of his troops, and pretended apprehensions lest they should deliver him into tlie hands of the Knglisli ; but his own unwarlike spirit was generiiUy believed to have been the motive of this dishonourable flight. The Scottish army, upon the departure of their general, fell into confusion ; and had not Angus, with a few of his retainers, brought off the cannon, and protected their rear, the English might have g.ained great advantages over them. Evers, elated with this success, boasted to Henry that he had conquered .all Scothand to the Forth ; and ho cl.aimed a reward for this important service. The duke of Norfolk, who knew with wluat difficulty snch acquisitions would be maintained against a warlike enemy, advised the king to grant him, .as his reward, the conquests of which he boasted so highly 1545. The next inroad made by the English showed the vanity of Evers's hopes. This general led about five thousand men into Tiviotdale, and was employed in r.avaging that country ; when intelligence was brought him that some Scottish forces appeared near the abbey of Melross. Angus had roused the governor to more activity; and a proclamation being issued for assembling tlie troops of the neigh- bouring counties, a considerable body had repaired thither to oppose the enemy. Norman Lesly, son of the earl of Rothes, had also joined the army with some volunteers from Fife ; and he inspired cour.age into the whole, as well by this accession of forco, as by his per- sonal bravery and intrepidity. In order to bring their troops to the necessity of a steady defence, the Scottish leaders ordered all their cavalry to dismount ; and they resolved to wait, on some high grounds near Anor.ira, on the 17tli February, the as.siiult of the Engllsli. The English, whoso p.ast successes had tauglit them too much to despise the enemy, thought, when they s,aw the Scottish horses led off the field, that the whole army was retiring; and they hastened to attack them. The Scots received them in good order ; and being fa- voured by the advantage of the ground, as well as by the surprise of the English, who expected no resist- ance, they soon put them to flight, and pursued them with considerable slaughter. Evers and Latoun were both killed, and above a thousand men were made prisoners. In order to support the Scots in this war, Francis some time after sent over a body of auxiliaiies, to the number of three thousand five hundred men, under the eomniiind of Montgomery, lord of Lorges. Re-enforced by these succours, the governor assembled an army of fifteen thousand men at Haddington, and marched thence to ravage the east borders of England. He laid all waste wherever he came ; and having met with no considerable resistance, he retired into his own country, and disbanded his army. The earl of Hertford, in revenge, committed ravages on the mid- dle and west marches ; and the war on both sides was signalized rather by the ills inflicted on the enemy, than by any consider.able advantage gained by either party. The war likewise between France and England was not distinguished this year by any memorable event. Fr.aneis had cqui|iped a fleet of above two hundred sail, besides galleys; .and having embarked some land forces on board, he sent them to make a descent in England. They sailed to the Isle of Wight, where they found the English fleet lying at anchor in St. Helen's. It con- sisted not of above a hundred sail ; .and the admir,al thought it most advisable to remain in thai ro.ad, in hopes of drawing the French into the narrow channels and the rocks, which were unknown to them. The two fleets cannonaded each other for two d.ays; and except the sinking of the Mary Rose, one of the Largest ships of the English fleet, tlie damage ou both sides was inconsider.able. Francis's chief intention in equipping so great a fleet was, to iirevent the English from throwing succours into Boulogne, which he resolved to besiege ; and for that purpose, he ordered a fort to be built, by which he intended to block up the harbour. After a consider- able loss of time and money, the fort w.as found so ill constructed, that he w.as obliged to abandon it ; and though he had .assembled on that frontier an army of near forty thousand men, he w.as not able to effect any considerable enterprise. Henry, in order to defend his possessions in Fiance, had levied fourteen thousand Germans ; wlio having marched to Fleurines in the bishopric of Liege, found that they could advance no further. The emperor would not allow them a passage through his dominions : they received intelligence of a superior .army on the side of France rpady to intercept them ; want of occupation and of pay soon produced a mutiny among them : and having seized the English commissaiies as a security for arrears, they retreated into their own country. There seems to h.ave been some want of foresight in this expensive armament. A PARLIAMENT. November 23. The great expense of these two wars maintained by Henry, obliged him to summon a new parliament. The commons granted him a subsidy, payable in two years, of two shillings a pound on land : * the spiritn.ality voted him six shillings a pound. But the parliament, appre- hensive lest more demands should be made upon them, endeavoured to save themselves by a very extraordi- • Those whn possessed goods or meney above five pourds and below (m were to pay eiglit pence a pound ; those above wn pounds, a shiUilu;. Chap XXXIII.] HENRY VIII. 1509-1517. 397 nary liberality of other people's property : by one vote they bestowed on tlie king all the revenues of the uni- versities as well as of the chantries, free chapels,* and bospitals. Henry was pleased with this concession, as it increased his power ; but he had no intention to rob learning of all her endowments; and he soon took care to inform the universities that he meant not to touch their revenues. Thus these ancient and celebrated establishments owe their existence to the generosity of the king, not to the protection of this servile and pros- titute parhament. The prostitute spirit of the parliament further ap- peared in the preamble of a statute, in which they recognise the king to have always been, by the word of God, supreme head of the church of England ; and acknowledge that archbishops, bishops, and other eccle- siastical persons, have no manner of jurisdiction but by his royal mandate : to him alone, say they, and eucli persons as he shall appoint, full power and autho- rity is given from above to hear and determine all manner of causes ecclesiastical, and to correct all man- ner of heresies, eriors, vices, and sin whatsoever. No mention is here made of the concurrence of a convo- cation, or even of a parliament. His proclamations are, in effect, acknowledged to have not only the force of law, but the authority of revelation ; and by his royal power he might regulate the actions of men, con- trol their words, and even direct their inward senti- ments and opinions. On the 24lh of December the king made, in person, a speech to the parliament on proroguing them ; in which, after thanking them for their loving attachment to him, which, he said, equalled what was ever paid by their ancestors to any king of England, he complained of their dissensions, disputes, and animosities in reli- gion, lie told them, that the several pulpits were become a kind of batteries against each other; and that one preacher called another heretic and anabaptist, which was retaliated by the opprobrious appellations of papist and hypocrite : that he had permitted his people the use of the scriptures, not iji order to furnish them with materials for disputing and railing, but that he might enable them to inform their consciences, and instruct their children .and families : that it grieved his heart to find how that precious jewel was prosti- tuted, by being introduced into the conversation of every alehouse and tavern, and employed as a pretence for decrying the spiritual and legal pastors : and that he was sorry to observe that the word of God, while it was the object of so much anxious speculation, had very little influence on their practice ; and that though an imaginary knowledge so much abounded, charity was daily going to decay. The king gave good advice; but bis own example, by encouraging speculation and dispute, was ill fitted to promote that peaceable sub- mission of opinion which he recommended. 1546. Henry employed in military preparations the money granted by parliament ; and he sent over the earl of Hertford and lord Lisle, the admiral, to Calais with a body of nine thousand men, two-thirds of which consisted of foreigners. Some skirmishes of small moment ensued with the French ; and no hopes of any considerable progress could be entertained by either party. Henry, whose animosity against Francis was not violent, had given sufficient vent to his humour by this short war; and finding that from his great increase in corpulence and decay in strength, he could not hope for much longer life, ha was desirous of ending a quar- rel whiuh might prove aangerous to his kingdom during a minority. P'raucis likewise on his part, was not averse to peace with England ; because having latelv lost his son, the duke of Orleans, he revived his ancient claim upon Milan, and foresaw that hostilities must • A ohantry was a little churdi. chapel, or particular aitar in some catnc- dnj church, ic . endnwcd witJi lanrts or other rei-cnues for the maintenance of one or novre priests, daily to say inajs, or perform di\ir e service, for the use of (he founders, or such others as the> appointed : fiee chapelc were Indepen- di:nt on any church, and endowed for much the same purpose bs the form. ii. p. .''•"H. Spt-cd, p. 78fl. Baker, p. 299. But Bumet quc»- ticns the uuth oi tins tircumstAtice : Kox. however, transcribes her own Piiiiou,"An insensible ass, and one that had no feeling of God's spirit in the matter of justifica- tion." The meanest ])rotestant imagined, at that time, that he had a full comjirehension of all those mysterious doctrines ; and he licartily despised the most learned and knowing person of the ancient religion, who ac- knowledged his ignorance with regard to them. It is indeed certain, that the reformers were veiy fortunate I" Iheii- doctrine of justification, and might venture to foretell its success, in oppositiou to all the ceremonies, shows, and siiperstitions of popery. By exalting Christ and his sutl'erings, and renouncing all claim to indepen. dent merit in ourselves, it was calculated to become popular, and coincided with those principles of pane- gyric and of self-abasement which generally have place in religion. Tonstal, bishop of Durham, having, as well as Gar- diner, made some opposition to the new regulations, was dismissed the council ; but no further severity was, for the present, exercised against him. lie was a man of great moderation, and of the most unexceptionable character in the kingdom. FOREIGN AFFAIRS. The sama religious zeal which engaged Somerset to promote the Reformation at home, led him to carry his attention to foreign countries, where the interests of the protestants were now exposed to the most imminent danger. The Roman pontiff, with much reluctance, and after long delays, had at last summoned a general council, which was assembled at Trent, and was em- ployed, both in correcting the abuses of the church, and in ascertaining her doctrines. The emperor, who desired to repress th.e jiower of the court of Rome, as well as gain over the ])rotestants, promoted the former object of the council ; the pope^ who found his own greatness so deeply interested, desired r.ather to employ them in the latter. He gave instructions to his legates, who presided in the council, to protract the debates, and to engage the theologians in argument and altercation, and dispute concerning the nice points of faith canvassed before them ; a jiolicy so easy to be executed, that the legates soon found it lather necessary to interpose, in order to appease the animosity of the divines, and bring them at last to some decision. The more difficult task for the legates was, to moderate or di\ert the zeal of the council for reformation, and to repress the ambition of the prelates, who desired to exalt the episcopal au- thority on the ruin of the sovereign pontiff. Finding this liumour become prevalent, the legates, on pretence that the plague had broke out at Trent, transferred ot a sudden the council to Bologna, where they hoped it would be more under tiie direction of his holiness. The emperor, no less than the po]ie, had learned to make religion subservient to his ambition and policy. He was resolved to employ the imputation of heresy as a pretence for subduing the protestant jn-inces, and op- pressing the liberties of Germany; but found it neces- sary to cover his intentions under deep artifice, and to prevent the combination of his adversaries. lie sepa- lated the palatine and the elector of Brandenburgh from the protestant confederacy : he took arms against the elector of Saxony, and the landgrave of Hesse: by the fortune of war, he made the former prisoner : he employed treachery and prevarication against the latter, and detained him cajitive, by lireaking a safe- conduct which he had granted him. lie seemed to have reached the summit of his ambition ; and the German princes, who were astonislfed with his suc- cess, were further discouraged by the intelligence which they had received of the death, first of lleniy VIII., then of Francis I., their usual resources in every calamity. Henry II. who succeeded to the crown of France, was a prince of vigour aiid abilities ; but less hasty in his resolution than Francis, and less infl.amed with, rivalship and animosity against the emperor Charles. Though he sent ambassadors to the princes of the Smal- caldic League, and piomised them protection, he was luiwilling, in the commencement of his ri'ign, to hiu'ry into a war with so great a ;iower as that of the era- ]>eror ; and he thought that the alliance of those princes was a sure resource, which he could at any time lay hold of. He was mucli governed by the duke of Guise and the cardinal of Loi-raine; and he hearkened to their counsel, in choosing rather to give immediate assistance to Scotland, his ancient ally, which, even CHAP. XXXIV.] EDWARD VI. 1547—1553. 407 before the death of Henry VIII., had loudly claimed the protectiou of the French monarchy. PROGRESS OF THE REFORilATIOX IN SCOTLAND. The hatred between the two factions, the partisans of the ancient and those of the new religion, became every day more violent in Scotland ; and the resolution which the cardinal primate liad taken to employ the most rigorous pmiishments against the reformers, brought matters to a quick decision. There was ono Wishart, a gentleman by birth, who employed liimself with great zeal in preaching against the ancient superstitions, and began to give alarm to the clergy, who were justly ter- rified with the danger of some fatal revolution in re- ligion. This man was celebrated for the purity of his morals, and for his extensive learning: but these praises cannot be much depended on ; because we know that, among the refoiTners, severity of manners sup- plied the place of many virtues ; and the age was in general so ignorant, that most of the priests in Scot- land imagined the New Testament to be a composition of Luther's, and asserted that the Old alone was the word of God. [See nute 3 F, at the end of this Fo^.j But however the cJise m.ay have stood with regard to those estimable qualities ascribed to Wishart, be was strongly possessed with the desire of innovation ; and he enjoyed those tialentc which qualified him for becoming a popu- lar preacher, and for seizing the attention and affec- tions of the multitude. The magistrates of Dundee, where he exercised his mission, were alarmed with his progress, and being unable or unwilUng to treat him with rigour, (hey contented themselves with denying him the liberty of preaching, and with dismissing him the bounds uf their jurisdiction. Wishart, moved with indignation that they had dared to reject him, together with the word of God, menaced them, in imi- tation of the ancient prophets, with some imminent calamity ; and he withdrew to the west country, where he daily increased the number of his proselytes. Meanwhile a plague broke out in Dundee ; and all men exclaimed, that the town had drawn down the ven- geance of Heaven by banishing the pious preacher, and that the pestilence would never cease, till they had made him atonement for their offence against him. No sooner did Wishari hear of this ch.ange in their disposition, than he returned to them, and made them a new tender of his doctrine : but lest he should spread the contagion by bringing multitudes together, he erected his pulpit on the top of a gate : the infected stood within; the others without. And the preacher failed not, in such a situation, to take advantage of the immediate ten-ors of the people, and to enforce his evangelical mission . The assiduity and success of Wishart became an ob- ject of attention to cardinal Beaton ; and he resolved, by the punishment of so celebrated a preacher, to strike a terror into all other innovators. lie engaged the earl of Bothwell to .an-est him, and to deliver him into his hands, contrary to a promise given by Both- well to that unhappy man : and being possessed of his prey, he conducted him to St. Andrew's, where, after a trial, he condemned him to the flaines for heresy. Arran, the governor, was irresolute in his temper; and the cardinal, though he had gained him over to his party, found that he would not concur in the condem- nation and execution of Wishart. lie determined, therefore, without the assistance of the secular arm, to bring that heretic to punishment ; and he himself beheld from his windov/ the dismal spectacle. Wish.art suffered with the usual patience ; but could not forbear remarking the triumph of his insulting enemy. He foretold, that, in a few days, he should in the very same place lie as low as now he was exalted aloft in opposition to true piety and religion. ASSASSINATION OP CARDINAL BEATON. This prophecy was probably the immediate cause of the event which it foretold. The disciples of this marlyi-, enraged at the cruel execution, formed a con- spiracy against the cardinal ; and having associated to them Norman Lesly, who was disgusted on account of some private quarrel, they conducted their enterprise with great secresy and success. Early in the morning they entered the cardinal's palace, which he had strongly fortified; and though they were not above sixteen persons, they tiirust out a hundred tradesmen and fifty servants, whom they seized separately, before any suspicion arose of their intentions ; and having shut the gates, they proceeded very deliberately to exe- cute their jun-pose on the cardinal. That prelate had been alarmed with the noise which he heard in the ca.stle ; and had banicadoed the door of his chamber : but finding that they had brought fire in order to force their way, and having obtained, .as is believed, a pro- mise of life, ho opened the door; and reminding them that he was a priest, he conjured them to spare him. Two of the assassins rushed upon him with drawn swords, but a third, James Melvil, more calm and more considerate in ^'illany, stopped their career, and bade them reflect that this work was the work and judgment of God, and ought to be executed with be- coming deliberation and gravity. Then turning the point of his sword towards Beaton, he called to him, " Repent thee, thou wicked cardinal, of all thy sins and iniquities, especially of the murder of Wishart, that instrument of God for the conversion of these lands: it is his death which now cries vengeance upon thee: we are sent by God to inflict the deserved punishment. For here, before the Almighty, I protest, that it is noithei- hatred of thy person, nor love of thy riches, nor fear of thy power, which moves me to seek thy death: but only because thou hast been, and still remainest, an obstinate enemy to Christ Jesus, and his holy gospel." Having spoken these words, without giving Beaton time to finish th.at repentance to wliiih he exhorted him, he thrust him through the body, and the cardinal fell dead at his feet.* This murder was executed on the 28th of .May, 1540. The assassins, being re-enforced by their friends to the nnmher of a hundred and forty persons, prepared themselves for the defence of the castle, and sent a messenger to Lon- don, craving assistance from Henry. Tliat prince, though Scotland was comprehended in his p.-^ace with France, would not forego the opportunity of disturbing the government of a rival kingdom; .and he promised to take them under his protection. It w.as the peculiar misfortune of Scotland, that five short reigns had been successively followed by as many long minorities ; and the execution of justice, which the prince was beginning to introduce, bad been continu- ally inteiTupted by the cabals, factions, and animosities of the great. But besides these inveterate and ancient evils, a new source of disorder had arisen, the disputes and contentions of theology, which were sufficient to disturb the most settled government ; and the death of till cardinal, who %vas possessed of abilities and vigour, .seemed much to weaken the hands of the administra- tion. But the queen-dowager w.as a woman of un- common talents and virtue ; and she did as much to support the government, and supply the weakness of Arran, the governor, as could be expected in lier situation. CONDUCT OF THE Vf AR WITH SCOTLAND. The protector of England, as soon as the state was brought to .some composure, m.ade prep.arations for war with Scotland ; and he was determined to execute, if possible, that project of uniting the two kingdoms by • The famous Scotch rtformcr, John Knox, calls James Meh-il, p. C5, a man most Kcntlcand most modest. It is very honid. Imt at the same time somewhat amusing, to consider the jov and alacritv and jileasure, which that historian dise.n'ers in his narrative of litis assassination : and it is icmarkable, that in the tirst edition of his work, these words were printed on the margin of the p-iite, "'I'hecodly Fact and Works of James Melvil." But the fol- lowing editors retrenched them. Knox himself had no hand in the murder of Iteaton ; but he afterwards joined the assassins, and assisted them in hold ni; out the castle. See Keith's Hist, of the Kef. of Scotland fk 11. 408 THE HISTORY OF KXGLAND. [Chap. XXXIV. mairiago, on wliicli tlie late king had born so intent, and wliicli he had rcronimended with liis dyhx^ broatli to liis cxccutoi-s. He levied an arm)- of eifjliteen thou- sand men, and equijjjied a fleet of sLxty sail, one half of which were ships of war, the other laden with provi- sions and ammunition. He gave the command of the fleet to lord Clinton ; he himself marched at the head of the army, attended by the earl of Warwick. These hostile measures were covered with a pretence of re- venging some depredations committed by the borderers; but besides tliat Somerset revived tlie ancient claim of the sujierioi'ity of the English crown over that of Scotland, he refused to enter into negociation on any other condition than the marriage of the young queeu with Edward. The protector, before he opened the campaign, pub- lished a manifesto, in which he enforced all the argu- ments for tliat measure. He said, that nature seemed originally to have intended this island for one empire ; and having cut it oft' from all communication with foreign states, and guarded it by the ocean, she had pointed out to the inhabitants the road to happiness and to security : that tlie education and customs of the people concurred with nature ; and by giving them the same language, and laws, and manners, had invited them to a thorough union and coalition ; that fortune had at last removed all obstacles, and had prepai-ed an exjiedicnt by wliich they might become one jieople, without leaving any place for that jealousy, either of honour or of interests, to which rival nations are na- turally exposed : that the crown of Scotland had de- volved on a female; that of England on a male; and happily the two sovereigns, as of a rank, were also of an age the most suitable to each other: that the hostile dispositions which prevailed between the na- tions, and wliich arose from past injuries, would soon be extinguished, after a long and secure peace had estab- lished confidence between them : that the memory of former miseries, which at present inflamed their mu- tual animosity, would then serve only to make tliem cherish, witli more passion, a sl^*e of happiness and tranrpiillity so long unknown to their ancestors : that when hostilities bad ceased between the kingdoms, the Scottish nobility, v.'ho were at present obliged to re- main perpetually in a warlilce posture, would learn to cultivate the arts of peace, and would soften their minds to a love of domestic order and obedience : that as this situation was desirable to both kingdoms, so particularly to Scotland, which had been exposed to the greatest miseries from intestine and foreign wars, and saw herself every moment in danger of losing her independency, by the efforts of a i-icher and more powerful peo])Ie : that though England had claims of superiority, she was willing to resign every pretension for the sake of future peace, and desired an imion, which would be the more secure, as it would be con- cluded on terms entirely equal : and that besides all these motives, positive engagements had been taken for completing this alliance; and tlie honour and good faith of the nation were pledged to fulfil what her in- terest and safety so loudly demanded. Somerset soon perceived that these remonstrances would have no influence ; and that the queen-dowager's attachment to Franco and to the catholic religion would render ineffectual all negociations for the in- tended marriage. He found himself, therefore, obliged to try the force of arms, and to constrain the Scots by necessity to submit to a measure, for wliich they seemed to have entertained the most incurable aversion. He passed the Ijorders at Berwick, (2nd of September,) and advanced towards Edinburgh, without meeting any resistance for some days, except from some small castles which he obliged to surrender at discretion. The protector intended to have punished the governor mid garrison of one of these castles for their temerity in resisting such unequal force : but they eluded his anger by asking only a few houi-s' respite, till they should prepare themselves for death; after whieh they found his cars more open to their applications for mercy. The governor of Scotland had sumnioncd together the whole force of the kingdom ; and his army, doubla in number to that of the English, had taken post oa advantageous ground, guarded by the banks of the Eslce, about four miles from I'Aliuhui'gh. The English came witliin sight of them at Faside ; and after a slcir- mish between the horse, where the Scots were worsted, and lord Hume dangerously wounded, Somerset pre- jiared himself for a more decisive action. But having taken a view of the Scottish camp with the earl ol Warwick, he found it diilicult to malce an attempt upon it with any probability of success. He wrote, there- fore, another letter to Arran; and ofl^ered to evacuate the kingdom, as well as to repair all the damages which he had committed, provided the Scots would stipulate not to contract the queen to any foreign prince, but to detain her at home till she reached the age of choosing a husband for herself. So moderate a demand wasi'ejected by the Scots merely on account of its moderation; and it made them imagine that the protector must either be reduced to great distress, or be influenced Ijy fear, that ho was now contented to abate so much of his former pretensions. Inflamed also by their priests, who had come to the camp in great num- bers, they believed that the English were detestable heretics, abhon-ed of God, and exposed to divine ven- geance ; and that no success could ever crown their arms. Tiiey were confirmed in this fond conceit when they saw the protector change his ground, and move towards the sea ; nor did they any longer doubt that he intended to embark his army, and make his escape on board the ships, which at that very time moved into the bay opposite to him. Determined therefore to cut oft' his retreat, they quitted their camp ; and passing tlie river Eske, advanced into the plain. On the 10th of Sejitember they were divided into thi'ee bodies : Angus commanded the vanguard ; Arran the main body; Huntley the rear: their cavalry cuusisted only of light-horse, which were placed on tlieir left flank, strengthened by some Irish archers, wliom Argyle had brought over for this service. Somerset was r^uch pleased when he saw this move- ment of the Scottish army ; and as the English had usually been superior in pitched battles, he conceived great liopes of success. He ranged his van on the left, furthest from the sea; and ordered them to remain on the high grounds on which he placed them, till the enemy should approach. THE BATTLE OF PINKEY. lie placed his main battle and his rear towards the right ; and beyond the van he posted lord Grey at the head of the men-at-arms, and ordered him to take the Scottish van in flank, but not till they should be engaged in close fight with the van of the English. While the Scots were advancing on the plain, they were galled with the artillery fiom tlje English ships : the eldest son of lord Graham was killed : tlie Irish archers were thrown into disorder; and even tlie other troops began to stagger : when lord Grey, perceiving their situation, neglected his orders, left his ground, and at the head of his heavy-armed horse, made an attack on the Scottish infantry, in hopes of gaining all the honour of the victory. On advancing, he found a slough and ditch in his way ; and heliind were ranged the enemy armed with spears, and the field on which ihey stood was fallow ground, broken with ridges which lay across their front, and disordered the movements of the English cavalry. From all these accidents, the shock of this body of horse was feeble and irregular; and as they were received on the points of the Scottish spears, which were longer than the lances of the Eng- lish horsemen, they were in a moment pierced, over- thrown, and discomfited. Grey himself was dangerously wouuded : lord Edward Seymour, son of the protector, v?^ '^'■■ ^&i •s I V ■J'- ^^ /'■ . ' ■■if""^ ^IT" Ohap XXXIV,] EDWARD VI. 1547—1553. 409 liad Ills horse IciUed under him : tlie standard w^s near bein^' taken : and had the Scots possessed any good body of cavalry wlio could have pursued the advan- tage, the whole English army had been exposed to great danger. The protector, meanwhile, assisted by sir Ralph Sadler and sir Ralph Vane, employed liimsplf with diligence and success in rallying the cavalry. Warwick showed great presence of mind in maintaining the ranks of the foot, on which the horse had recoiled : he made sir Peter Meutas advance, cajUain of the foot Iiarquebusiers, and sir Peter Gamboa, captain of seme Italian and Spanish Iiarquebusiers on horseback ; and ordered them to ply the Scottish infantry with their shot. They marched to the slough, and discliarged their pieces full in the face of the enemy : the shins galled theiii from the flank : the artiller)', planted on a height, infested them from the front: the English archers poured in a shower of arrows upon them : and the van-giiard, descending from the hill, advanced leisurely, and in good order, towards them. Dismayed with all these circumstances, the Scottish v.in began to retreat : the retreat soon changed into a flight, which was begun by the Irish .archers. The panic of the van communicated itself to the main body, and passing thence to the rear, rendered the whole field a scene of confusion, tenor, flight, and consternation. The Eng- lish army perceived from the heights the condition of the Scots, and began the pursuit with loud Khout.3 .x:r.l acclamaticms, which added still more to the dismay of the vanriuished. The horse in particular, e.ager to revenge the affront which they had received in the beginning of the day, did the most bloody execution on the flying enemy ; and from the field of biittle to Edinburgh, for the space of five miles, the whole ground was strewed with dead bodies. The priests, above all, and the monks, received no quarter ; and the English made sport of slaughtering men, who, from their extreme zeal and animosity, had eugixged in an enterprise so ill befitting their profession. Few vic- tories have been more decisive, or gained with smaller loss to the conquerors. There fell not two hundred of the English ; and according to the most moderate com- jmtation, there perished above ten thousand of the Scots. About fifteen hundred were taken prisoners. This action w.as called the battle of Pinkey, from a uobleman's seat of that name in the neighbourliood. The queen-dowager and Arran fled to Stirling, and were scarcely able to collect such a body of forces as could cheek the incursions of small p.arties of the English. About the s.ame time tlie earl of Lenox and lord Wharton entered the west marches, at the head of five thousand men, and after taking and plundering Annan, they spread devastation over all the neighbour- ing counties. Had Somerset prosecuted his advan- tiiges, he might ha\ e imposed what terms he pleased ou the Scottish nation : but he was impatient to return to England, where he heard some counsellors, and even his own brother, the admiral, were carrying on cabals against his authority. Having taken tlie castles of Hume, Uuuglass, Kymouth,F;vstcastle, Roxborough, and some other small places, and having received the submission of some counties on the borders, he retired from Scotland. The fleet, besides destroying all.tlie shipping along the coast, took Bronghty in the Frith of Tay ; and having fortified it, tliey there left a gar- rison. Arran desired leave to send commissioners in order to treat of a peace ; and Somerset, having ap- pointed Berwick for the place of conference, left War- wick with full powers to negociate ; but no commis- sioners from Scotland ever appeared. The overture of the Scots was an artifice to gain time till succours should arrive from France. The protector, on his arrival in England (■1th of November,) summoned a parliament : and being some- wiiat elated with his success against tlie Scots, he pro- cured from his nephew a patent appointing him to sit on the throne, upon a stool or bench at the right hand Vol. I. of the king, and to f-njiiy the same honours and privi- leges that had usually been possessed by any prince of the blood, or uncle of the kings of England. In this patent the king em]iloyed liis dispensing power, by setting .aside the statute of precedency enacted during the former reign. A PARLIAMENT. But if Somerset gave offence by assuming too much state, he deserves great praise on account of the lav.-s p.asscd tills session, by which the rigour of fmnier statutes w.as much mitigated, and some security given to the freedom of the constitution. All laws were repealed which extended the crime of treason beyond the statute of the twenty-fifth of Edward III. ; .all laws en.acted during the late reign, extending the crime of felony : all the former laws against Lollardy or heresy, together with the statute of tlie six articles. None were to be accused for words, but within a month after they were spoken. By these repeals several of the most rigorous laws that ever had jiassed in England were annulled ; and some dawn, bolli of civil and reli- gious liberty, bct;an to appear t'j the people. Heresy, however, was still a capital crime by tiie common If.w, and w.as subjected to the penalty of burning. Only there remained no precise standard by wliicli tiiat crime could be defined or determined : .a circumstance which might either be advantageous or hurtful to i)iiblic security, according to the disposition of the judges. A repeal also passed of th.at law, the destruction of all laws, Ity which the king's proclamation was made of eqiuil force with a statute. That other law likewise was mitigated, by which the king was emjiowei'od to an- nul every statute passed before the four-and-twentieth year of his age : he could prevent their future execu- tion ; but could not recall any p.ast eft'ects which had ensued from them. It was also enacted. That all who denied the king's supremacy, or asserted the pope's, should for tlie first offence forfeit their goods and chattels, and suffer im- pi-isonment during pleasure; for the second offence should incur the pcnulty of a pramunirc ; and for the third be attainted of treason. But if any, after the first of March ensuing, endeavoured, by writing, print- ing, or any overt act or deed, to deprive the king of his estate or titles, p.artieularly of his supremacy, or to confer them on any other, he was to be .adjudged guilty of treason. If any of the heirs of the crown should usurp upon another, or endeavour to break the order of succession, it w.as declared treason in them, their aiders, and abettors. These were the most consider- able .acts passed during this session. The members in general discovered a very passive disposition with re- gard to religion : some few appeared zealous for the Reformation : others secretly harboured a lasting pro- pensity to the catholic faith: but the greater jiart appe.ared willing to take any impression which they sliould receive from interest, authority, or the reigning fashion. The convocation met at the same time with the par- liament; and as it w;is found that their debates were at first cramped by the rigorous statute of the six articles, the king granted them a dispensation from that law, before it was repealed by parliament. The lower house of convocation applied to have liberty of sitting with the commons in parliament; or if this jirivilege were refused them, which they claimed as their ancient right, they desired that no law regarding religion might p.ass in parliament without their con- sent .and approbation. But the principles w hicli now prevailed were more favourable to the civil than to the ecclesiastical power; and thir, demand of the cou v'oc.ation was rejected. In l.-)48 the protector h.ad assented to the repeal of that law which gave to the kind's proclamations the authority of statutes; but he did not intend to re- nounce that arbitrary or discretionarv exercise of "3G 410 THE HISTORY OF ENGLAND, [Chap. XXXIV power, in issuing proclamations, wliicli had ever boon assumed l>y tlie crown, and which it is difficult to dis- tinguish exactly from a full legislative power. FURTHER PROGRESS OF THE REFORMATION. He even continued to exert his authority in some particulars, which were then regarded as tlie most mo- mentous. Orders were issued by council, tliat candles should no lonfjer be carried about on Candlemas-day, ashes on Ash-Wednesday, palms on Palm-Sunday. These were ancient religious practices, now termed su- perstition? ; though it is fortunate for m.ankind when superstition happens to take a direction so innocent and inoffensive. The severe disposition which natu- rally attends all reformers, prompted likewise the council to abolish some gay and showy ceremonies which belonged to the ancient religion. An order was also issjied by council for tlie removal of all images from the churches : an innovation which was mucli desired by the reformers, and which alone, with regard to the populace, amounted almost to a total cliaugo of the established religion. An attempt had been made to separate the use of images from their abuse, the reverence from the worship of them ; but the execution of this design was found, upon trial, very difficult, if not wholly impracticable As private masses were abolished by law, it became necessary to compose a new communion-service; and tlie council went so far, in the preface which tliey pre- fixed to this work, as to leave the practice of auricular confession wholly indifferent. This was a prelude to the entire abolition of that invention, one of the most powerful engines that ever was contrived for degrading the laity, and giving tlieir spiritual guides an entire ascendant over them. And it may justly be said, that though the piiest's absolution, which attends confes- sion, serves somewhat to ease weak minds from the immediate agonies of superstitious terror, it operates only by enforcing superstition itself, and thereby pre- paring the mind for a more violent relapse into the same disorders. The people were at that time extremely distracted by the opposite opinions of their preachers ; and as tliey were totally unable to judge of the reasons ad- vanced on either side, and natuially reg.arded every- thing which they heard at cluiich as of equal authority, a great confusion and fluctuation resulted from this inicertainty. The council at first endeavoured to re- medy the inconvenience, by laying some restraints on preaching ; but finding this expedient ineffectual, they imposed a total silence on the preachers, and thereby put an end at once to all the polemics of the pulpit. By the nature of things this restraint could only be temporary. For in proportion as the ceremonies of public worship, its shows and exterior observances, were retrenched by the reformers, the people were inclined to contract a stronger attachment to sermons, w'hence alone they i-eceived any occupation or amuse- ment. The ancient religion, by giving its votaries something to do, freed them from the trouble of think- ing : sermons were delivered only in the principal churches, and at some particular fasts and festivals : and the practice of haranguing the populace, which, if abused, is so powerful an incitement to faction and sedition, had much less scope and influence during those ages. AFFAIRS OF SCOTLAND. The greater progress was made towards a reforma- tion in England, the further did the protector find him- self from all prospect of completing the union with Scotland ; ami the queen-dowager, as well as the clergy, became the more averse to all alliance with a nation which had so far departed from all ancient principles. Somerset, havnig taken the town of H.addington, had Oidered it to be strongly garrisoned and fortified by lord Grey : he also erected some fortifications at Lau- der : and he hoped that these two places, together with Broughty and some smaller fortresses which were in the hands of the English, would serve .as a curb on Scotland, .and would give him access into the heart of the country. Arran, being disappointed in some attempts on Brouglity, relied chiefly on the succours expected from France Cor the recovei-y of these places ; and thev arrived at Last in the Frith, to the number of six thoii- sand men ; lialf of them Germans. They were com- manded by Dessg, and under him by Andelot, Strozzi, Mcilleraye, and count Rhingrave. The Scots were at that time so sunk by their misfortunes, that five hun- dred English horse were able to ravage the whole country without resistance, and make inroads to the gates of the capital : but on the appearance of the French succours, they collected more courage; and liavingjoinedDessd with a considerable re-enforcement, they laid siege to Haddington. This was an undertak- ing for which they were by themselves totally unfit ; and, even with the assistance of the French, they placed their chief hopes of success in starving the garrison. After some vain attempts to take the place by a regular siege, the blockade was formed, and the garrison was repulsed with loss in several sallies which they made upon the besiegers. The hostile attempts which the late king and the protector had made against Scotland not being steady, regular, nor pushed to the last extremity, had served only to irritate the nation, and to inspire them with tlie strongest aversion to that union, which was courted in so violent a manner. Even those who were inclined to the English alliance were displeased to have it im- posed on them by force of arms ; and the earl of Hunt- ley in particular said pleasantly, that he disliked not the match, but he hated the manner of wooing. The queen-dowager, finding these sentiments to prevail, called a parliament in an abbey near Haddington ; and it was there proposed, that the young queen, for her great security, should be sent to Fiance, and be com- mitted to the custody of that ancient ally. Some ob- jected that this measure was desperate, allowed no resource in case of miscarriage, exposed the Scots to be subjected by foreigners, involved them in perpetual war with England, and left them no expedient by whicli they could conciliate the friendship of that powerful nation. It was answered, on the other hand, that the queen's presence was the very cause of war with Eng- land ; that that nation would desist when they found tliat their views of forcing a marriage had become altogether impracticable ; and that Henry, being en- gaged by so liigh a mark of confidence, would take tiieir sovereign under his protection, and use his utmost efforts to defend the kingdom. These arguments were aided by French gold, v.liich was plentifully distributed among the nobles. The governor had a pension con- ferred on him of twelve thousand livres a year, received the title of duke of Ch.atelrault, and obtained for his son the command of a hundred men-atrarins. And as the clergy dreaded the consequence of the English alliance, tliey seconded tliis measure with all the zeal and industry which either principle or interest could inspire. YOUNG QUEEN OF SCOTS SENT INTO FRANCE. It was accordingly determined to send the queen to France, and, wliat was understood to be the necessary consequence, to marry her to the dauphin. Villegaig- non, eommauder of four French galleys lying in the Frith of Forth, set sail as if he intended to return home ; but when he re.iched the open sea he turned northwards, passed by the Orkneys, and came in on the west coast at Dunbarton : an extraordin.ary voy- age for ships of that fabric. The joung queen was there committed to him ; and being attended by llie Chap. XXXIV.] EDWARD VI. 1547—1553. 411 loids Aieskine ami Living;stone, she put to sen, and after meeting with some tempestuous weatlicr, arrived safely at Brest, whence she was conducted to Paris, and soon after slie was betrothed to the dauphin. Somerset, pressed by many difficulties at liome, and despairing of success in his enterprise against Scotland, w.as desirous of composing the differences with tliat kingdom, and lie offered the Scots a ten years' truce ; but as they insisted on liis restoring all the places which he had taken, the proposal came to nothing. The Scots recovered the fortresses of Hume and Fast- castle by surprise, and put the garrison to the sword : they repulsed with loss the English, who under the com- mand of lord Seymour, made a descent, first in Fife, then at Montrose : in the former action James Stuart, natural brother to the (jueen, acquired honour ; in the latter Areskine of Dun. An attempt was made by sir Kobert Bowes and sir Thoni:vs I'almer, at the head of a considerable body, to throw relief into Haddington ; but these troops falling into an ambuscade, were almost wholly cut in pieces. And though a small body of two iiundred men escaped all the vigilance of the French, and .arrived safely in Haddington, with some ammunition and provisions, the garrison w.as reduced to such difficulties, that the protector found it neces- sary to provide more effectually for their relief. He raised an army of eighteen thousand men, and adding three thousiind Germans, who on the dissolution of the protestant alliance bad offered their service to Eng- land, he gave the command of the whole to the earl of Shrewsbury. Dess^ raised the blockade on the ap- proiy that tlie younger brother's wife should have the precedency, employed all her credit with her husband, which w.os too great, first to create, then to widen, the breach be- tween the two brothers. The first symptom of this misunderstandingappeared when the protector commanded the army in Scotland. Secretary Paget, a man devoted to Somerset, remarked, that Seymour was forming sepaiate intrigues among the counsellors ; was corrupting, by presents, the king's servants; .and even endeavouring, by improper indulgences and liberalities, to captivate the affections of the young mon.arch. Paget represented to him tlie danger of this conduct; desired him to reflect on the numerous enemies, whom the sudden elevation of their family h.ad created ; and warned him, that any dissen- sion between him and the protector would be greedily laid hold of to effect the ruin of both. Finding hig remonstrances neglected, he conveyed intelligence of the danger to Somerset, and engaged him to leave the enterprise upon Scotland unfinished, in order to gnard .against the attempts of his domestic enemies. In the ensuing parliament the admiral's projects appeared still more dangerous to public tranquillity ; and as he h.ad acquired many partisans, he made a direct attack upon his brother's authority. He represented to his friends, that formerly, during a minority, the office of protector of the kingdom had been kept separate from that of governor of the king's person ; and that the present union of these two important tiiists conferred on Somerset an authority which could not safely bo lodged in any subject. 'I'he young king was even pre- vailed on to write a letter to the parliament, desiring that Seymour might be appointed his governor; and that nobleman had formed a party in the two houses, by which he hoijed to effect his purpose. The design was discovered before its execution ; and some com- mon friends were sent to remonstrate with him; but had so little influence, that he threw out many menac- ing expressions, .and rashly threatened, that if he v^ere thwarted in his attempt, he would make this parlia- ment the blackest that ever sat in England. The council sent for him to answer for his conduct ; but he refused to attend : they then began to threaten in their turn, and informed him that the king's letter, instead of availing him anything to the execution of his views, would be imputed to him as a criminal enterprise, and be construed as a design to disturb the government, by forming a separate interest with a child and minor. They even let fall some menaces of sending him to the Tower for his temerity; and the admiral, finding himself prevented in his design, was obliged to submit, and to desire a reconciliation with his brother. The mild and moderate temper of Somerset made him willing to forget these enterprises of the admi- ral ; but the ambition of that turbulent spirit could not be so easily appeased. His spouse, the q>ieen-dow;.tent of royal authority against him ; and, after depriving him of the office of admiral, he signed a w.arrant for committing him to the Tower. Some of his accomplices were also t.akeu into custody; and three privy-counsellors being sent to examine them, m.ide a report that they had met with very full and important discoveries. Yet still the protector suspended the blow, and showed a reluctance to ruin his brother. He offered to desist from tlie pro- secution, if Seymour would promise him a cordial re- conciliation ; and renouncing all ambitious hopes, bo contented with a private life, and retire into the coun- try. But as Seymour made no other answer to these friendly offers than menaces and defiances, he ordered a charge to be drawn up against him, consisting of thirty-three articles ; and the whole to be laid before the privj'-eouncil. It is pretended, that every particu- lar was so incontestably proved, both by witnesses and his own handwriting, that there was no room for doubt ; yet did the council think proper to go in a body to the Tower in order more fully to examine the pri- soner. He was not daunted by the appearance : he boldly demanded a fair trial ; required to be confronted with the witnesses ; desired that the charge might be left with him, in order to be considered; and rel'used to answer any interrogatories by which he might ac- cuse himself. It is apparent that, notwithstanding what is pre- tended, there must have been some deficiency in the evidence ag.aiiist Seymour, when such dem.ands, found- ed on the plaiutst principles of law and equity, were absolutely rejected. We shall indeed conclude, if we carefully examine the charge, that many of the arti- cles were general, and scarcely capable of any proof; many of them, if true, susceptible of a more favour- able interpretation : and that though on the whole Sey- mour appears to h.ave been a dangerous subject, ho had not advanced far in those treasonable projects im- puted to him. The chief part of his actual guilt seems to have consisted in some unwarrantable practices in the admiralty, by which pirates were protected, and illegal impositions laid upon the merchants. A PARLIAJIENT. November i. But the administration had at that time an easy in- strument of vengeance, to wit, the parliament ; and needed not to give themselves any concern with re- gard either to the guilt of the persons whom they jiro- secnted, or the evidence which could be produced against them. ATTAINDER OF LORD SEYIMOUR. 154!). A session of parliament being held, it was resolved to proceed against Seymour by bill of attainder ; and tho young Iving being induced, after much solicitation, to give his consent to it, a considerable weight was put on his approbation. The matter was first laid before the upper house ; and several peers, rising up in their places, gave an account of what they knew concerning lord Seymour's conduct, and his criminal words or ac- tions. Those narratives were received as undoubted evidence ; and though the prisoner had formerly en- gaged many friends and partisans among the nobility, no one had either the courage or equity to move that he might be heard in his defence, that the testimony against him should be delivered in a legal manner, and that he should be confronted with the witnesses. A little more scruple was made in the house of commons ; there were even some members who objected against the whole method of proceeding by bill of attainder passed in absence; and insisted that a formal trial should be given to every man before his condemnation. But when a messiige was sent by the king, on the 20tli of March, enjoining the house to proceed, and offering th.at the same narratives should be laid before them which had satisfied the peers, they were easily pre- vailed on to acquiesce. The bill passed in a full house. Near four hundred voted for it; not above nine or ten against it. HIS EXECUTION. The sentence was soon after executed, and the pri- soner was beheaded on Tower-hill. The warrant was signed by Somerset, mIio was exposed to much blame oil account of the violence of these proceedings. The attempts of the admiral seem chiefly to have been levelled against his brother's usurped authority ; and though his ambitious, enterprising character, encou- raged by a marriage with the lady Elizabeth, might h.ave endangered the public tranquillity, the prudence of foreseeing evils at such a distance was deemed too great, and tho remedy was plainly illegal. It could only be said that this bill of attainder was somewhat more tolerable than tlie preceding ones, to which the nation had been inured ; for here, at least, some sha- dow of evidence was produced. ECCLESIASTICAL AFFAIRS. All the considerable business transacted this session, besides the attainder of lord Seymour, regarded eccle- siastical affairs ; which were now the chief object of attention throughout the nation. A committee of bi. shops and divines had been appointed by the council to compose a liturgy ; and they had executed the woric committed to them. They proceeded with moderation in this delicate undertaking : they retaiued as much of the ancient mass as the principles of the rel'oiraere Cnir. XXXIV. J EDWARD VI. 1547—1553. 41!i would permit : tliey indulged notliing to the spirit of rontradiction, wliich so naturally takes place in all great innov.itioiis : and they ilattered themselves that they had established a service in which every deuomi- natiou of Christians might without scruple concur. The mass had always been celebrated iu Latin ; a prac- tice which niiglit have been deemed absurd, had it not been found useful to the clergy, by impressing the people witli an idea of some mysterious unknown vir- tue in those rites, and by checking all their pretensions to be familiarly acquainted witli their religion. But as tlie reformers pretended in some few particulars to encourage private judgment in the laity, the translation of the liturgy, as well as of the Scriptures, into the vulgar tongue, seemed more conformable to the genius of tlieir sect ; and this innovation, with the retrench- ing of prayers to saints, and of some superstitious ceremonies, was the chief difference between the old mass and the new liturf,'y. The parliament estab- lished this form of worsliip ill all the churches, and ordained a uniformity to be observed in all the rites and ceremonies. Tliere was another material act which passed this session. The former canons had established the celi- bacy of the clergy ; and tliough this practice is usually ascribed to the policy of the court of Rome, who thought that the ecclesiastics would be more devoted to their spiritual head, and less dependent on the civil magistrate, when freed from the powerful tie of wives and children ; yet was this institution much forwarded by the principles of superstition inherent iu human nature. These principles had rendered the panegyrics on an inviolate chastity so frequent among the ancient fathers, long before the establishment of celibacy. And even this parliament, though they enacted a law per- mitting the marriage of priests, yet confess in the pre- amble, " That it weie better for priests and the mi- nisters of the church to live chaste and witliout marriage, and it were much to be wished they would of themselves abstain." The inconveiiiencies ^hich had arisen from the compelling of chastity and the prohibiting of marriage, are the reasons assigned for indulging a liberty in this particular. The ideas of penance also were so mucli retained in other parti- culars, that an act of parliament passed, forbidding the use of flesh-meat during Lent and otlier times of absti- nence. [Sec note 3 G, at the end of this Vol.] The principal tenets and practices of the catholic re- ligion were now abolished, and the Reformation, such as it is enjoyed at present, was almost entirely com- pleted in Kngland. But the doctrine of the real pre- sence, though tacitly condemned by the new connnu- niou-service, and by the abolition of many ancient rites, still retained some hold on the minds of men ; and it was the last doctrine of popery that was wholly abandoned by the people. The great attachment of the late king to that tenet might in part be the ground of this obstinacy ; but the chief cause was really the extreme absurdity of the principle itself, and the pro- found veneration which of course it impressed on the imagination. Tije priests likewise were much inclined to favour an opinion which attributed to tliem so mi- raculous a power ; and the people, who believed that they participated of the very body and blood of their Saviour, were loth to renounce so extraordinaiy, and as they imagined, so salutary a privilege. Tlie ge- neral attachment to this dogma was so violent, that the Lutherans, notwithstanding their separation from Rome, had thought proper, under another name, still to retain it : and the catholic preachers in Kngland, when restrained in all other particulars, could not for- bear on every occasion iuculcating that tenet. Bonner, for tbis offence among others, had been tried by the council, had been deprived of his see, and had been committed to custody. Gardiner also, who had re- covered his liberty, appeared anew refractory to the aathority wliich established the late innovations; and he seemed willing to countenance that opinion, uiach favoured by all the English cathohw!, that the king was indeed supreme head of the church, but not the council during a minority. HaWng declined to give full satisfaction on this head, he was sent to the Tower, and threatened with further ejects of the council's dis- pleasure. These severities, being exercised on men possessed of office and authority, seemed in that age a necessary policy, in order to enforce a uniformity in public worsliip and discipline: hut tliere were other instances of persecution, derived from no origin but the bigotry of theologians ; a malady which seems almost in- curable. Though the protestant divines had ventured to renounce opinions deemed certain during mamy ages, they regarded, in their turn, tlie new system as so certain that they would suffer no contradiction with reg.ird to it ; and tliey were re.idy to burn in the same flames, from which tlicy themselves had so nar- rowly escaped, every one that had the assurance to differ from them. A commission by act of council was granted to the primate and some others, to examine and search after all anabaptists, heretics, or con- temners of the book of common pr.ayer. The com- missioners were enjoined to reclaim them if possible; to impose penance on them ; and to give them abso- lution : or, if these criminals were obstinate, to ex- communicate aud imprison them, and to deliver them over to the secular arm ; and in the execution of this charge, they were not bound to observe the ordiuary methods of trial ; the forms of law were dispensed witli ; and if any statutes happened to interfere with the powers in the commission, they were overruled and abrogated by the council. Some tr.adesmen in London were brou;,'lit before these commissioners, and were accused of maintaining, among other opinions, that a man regenerate could not sin, and that, though the outward man might offend, the inward was in- capable of all guilt. They were prevailed on to abjure, and were dismissed. But there was a woman accused of heretical pravity, called Joan Bocher, or Joan of Kent, who was so pertinacious, that the commis- sioners could ni.ake no impression upon her. ller doctrine was, " That Christ was not truly incarnate oi the Virgin, whose flesh, being the outward man, was sinfully begotteu, and born in sin ; and consequently, he could take none of it : but the Word, by the con- sent of the inward man of the Virgin, was made flesh." This opinion, it would seem, is not orthodox; and there was a necessity for delivering the woman to the flames for maintaining it. But the young king, though in such tender years, had more sense than ali his counsellors and preceptors ; and he long refu'sed to sign the warrant for her execution. Cranmer ivas employed to persu.ade him to compliance ; and he said that there was a great dift'erence between errors in other points of divinity and those which were in direct contradiction to the Apostles' Creed : these latter were impieties against God, which the prince, being God's deputy, ought to repress ; in like manner, as inferior magistrates were bound to punish offences against the king's person. Edward, overcome by im- portunity, at last submitted, though with tears in his eyes ; and ho told Cranmei-, that if any wrong were done, the guilt should lie entirely on his head. The primate, after making a new effort to reclaim the woman from her errors, and finding her obstinate against all his arguments, at last committed her to the flames. Some time after, a Dutchman, called Van Paris, accused of the heresy which has received the name of Ariaiiism, was condemned to the same punish- ment, lie suffered with so much satistaction that he hugged and caressed the faggots that were consuming him ; a species of frenzy, of which there is mere than one instance among the martyrs of that age. These rigorous methods of proceeding soon brought the whole nation to a conformity, seeming or real with the new doctrine and the new liturgy. The lady Mary alone continued to adhere to the mass, aud JJ 414 THE HISTORY OF ENGLAND [Chap. XXXY. refused to admit the cstablislied modes of worship. Wheu pressed and muiiaced on this head, she applied to the emperor ; who, nsinj,' liis interest witli sir I'liiUp Hobby, tlie Kuglisli ambassador, procured her a tem- porai-y counivauce from tlio council. CHAPTER XXXV. Diicontemsof the People InsurrectJonp Conductof ihe Warivitu Scoi- Ijind with Fviiiice Factions in the Coun-il Lonspirncy agiunsl t;aincrjet Somerset rcsif^ns Itie Prottrci-.rsliip A Farlvinuiu^ — I'eaceu-ith France anii Seciland L;o»ili>i.-iicsiirrcmlcrcd I'crsecution of Oartlim-r Warwick creaicil I uke oi Northuuitierlaitd His ambi- tion Trial of StmitTset His Execution A Parliament A neiv j'arliamcut Succession changed The King's Sickntis and Dtatli. DISCONTENTS OF THE PEOPLE. 'I'^HERE is no abuse so great in civil society, as not A to be attended with a variety of beneficial conse- quences ; and in the beginnings of reformation, the loss of these advantages is always felt very sensibly, while the benefit resulting from the change is the slow effect of time, and is seldom perceived by the bulk of a nation. Scarce any institution can be imagined less favourable in the main to the interests of manldnd than that of monks and friars ; yet -vras it followed by many good effects, which having ceased by the sup- pression of monasteries, were much regretted by tlie people of England. The monks, always residing in their convents, in the centre of their estates, spent their money in the provinces, and among their tenants, afforded a ready market for commodities, and were a sure resource to the poor and indigent ; and though their hospitality and charity gave but too much en- couragement to idleness, and prevented the increase of public riches, yet did it provide to many a relief from the extreme pressures of want and necessity. It is also observable, that as the friars were limited by the rules of their institution to a certain mode of living, they had not equal motives for extortion with other men ; and they were acknowledged to have been iu England, as tiiey still are in Roman-catholic countries, the best and most indulgent landlords. The abbots and piiors were permitted to give leases at an under- value, and to receive in return a large present from the tenant ; in the same manner as is still practised by the bishops and colleges. But when the abbey-lands were distributed among the principal nobility and courtiers, they fell under a different management ; the rents of farms were raised, while the tenants found not the same faciUty in disposing of the produce ; the money was often spent in the capital ; and the farmers, living at a distance, were exposed to oppression from their new masters, or to the still greater rapacity of the stewards. These grievances of the common people were at that time heightened by other causes. The arts of manufacture were much more advanced in other Eu- ropean countries than in England ; and even in Eng- land these arts had made greater progress than the knowledge of agriculture ; a profession which, of all mechanical emplojinents, requires the most reflection and experience. A great demand arose for wool both abroad and at home ; pasturage was found more profit- able than unskilful tillage. Whole estates were laid waste by enclosures : the tenants, regarded as a useless burden, were expelled their habitations : even the cot- tager's, deprived of the commons on which they for- merly fed their cattle, were reduced to misery : and a decay of people, as well as a diminution of the former plenty, was remuiked in the kingdcjin. This grievance was now of an old date ; and Sir Thomas More, allud- ing to it, observes in his Utopia, that a sheep had be- come in England a more ravenous animal than a lion or wolf, and devoured wliole ^^llages, cities, and pro- Tinces. The general increase also of gold and silver in Eu- rope, after the discovery of the \\'est-ludies, had a tendency to inflame these complaints. The growia<> demand in the more conmiercial coiuitries, had height ened everywhere the price of conmiodities, wliicli could easily be transported thither ; but in England the labour of men, who could not so easily change their habitation, still remained nearly at the anc-ieut rates ; and the poor complained that they could no longer gain a subsistence by their industry. It was by an addition alone of toil and application they were enabled to procure a maintenance ; and though this increase of industry was at last the effect of the present situation, and an effect beneficial to society, yet was it difficult for the people to shake off theii foainer liabits of indolence ; and»nothing but necessity could compel them to such an exertion of their facul- ties. It must also be remarked, that the profusion of Henry VIII. had reduced him, notwithstanding his rapacity, to such difficulties, that he had been obliged to remedy a present necessity, by tlie pernicious expe- dient of debasing the coin ; and the wars in which the protector had been involved had induced him to carry still further the same abuse. The usual consequences ensued : the good specie was hoarded or exported ; base metal was coined at home, or imported from abroad in great abundance ; the common people, who received their wages in it, could not purchase commo- dities at the usual rates ; a universal diiiidenee and stagnation of commerce took place, and loud com- plaints were heard in every part of England. The protector, who loved popularity, and pitied the condition of the people, encouraged these complaints by his endeavours to redress them. He appointed a commission for making inquiry concerning inclosures ; and issued a proclamation, ordering all late inclosures to be laid open by a day appointed. The populace, meeting with such countenauce from government, began to rise in several places, and to commit dis- oiders, but were quieted by remonstrances and per- suasion. In order to give them greater satisfaction, Somerset appointed new commissioners, whom he sent everywhere, with an unlimited power to hear aud de- termine all causes about enclosures, highways, and cottages. As this commission was dis.agreeable to the gentry and nobility, they stigmatized it as arbitrary and illegal ; and the common people, fearing it would be eluded, aud being impatient for immediate redress, could no longer contain their fury, but sought for a remedy by force of arms. INSURRECTIONS. The rbing began at once in several parts of England, as if an universal conspiracy had been formed by the commonalty. Tlie rebels in WiUsliire were dispersed by sir William Herbert ; those iu the neighbour'ug counties, Oxford and Gloucester, by lord Gray of Wil- ton. JIany of the rioters were kille^l in the field ; others were executed by martial law. The commo- tions in Hampshire, Sussex, Kent, and other counties, were quieted by gentler expedients ; but the disorders In Devonshire and Norfolk threatened more dangerous consequences. The commonalty in Devonsliire began with the usual complaints against inclosures and against oppressions from the gentry ; but the parish-priests of Sauqiford- Courten.ay had the address to give their discontent a direction towards religion ; and the delicacy of the subject in the present emergency made the insurrec- tion immediately appear formidable. In other counties the gentry had kept closely united with government; but here many of them took part with the populace ; among othei's, Humphrey Arundel, governor of St. Michael's Mount. The rioters were brought into the fonn of a regular army, which amounted to the uimi- ber of ton thousand. Lord Russel had been seat CuAP. XXXV.] EDWARD VI. 1&47— 1553 4l5 against them at the head of a email force ; but finding liiniself too wealt to encounter tliem in the field, he kept at a distance, and began to negociate with them, in hopes of eluding their fury by delay, and of dis- persing them by the difliculty of their subsisting in a body. Tlieir demands were, that the mass should be restored, half of the abbey-lands resumed, the law of the six articles executed, holy water and holy bread re- spected, and all otlier particular grievances redressed. The council, to whom Russcl transmitted these de- mands, sent a haughty answer ; commanded the rebels to disperse, and promised them pardon upon their immediate submission. Enraged at this disappoint- ment, they marched to Exeter; carrying before them crosses, banners, holy water, candlesticks, and other implements of ancient superstition, together with the host, which they covered with a canopy. The citizens of Exeter shut their gates ; and the rebels, as they had no cannon, endeavoured to take the place, first by Bcalade, then by mining ; but were repulsed in every attempt. Russel meanwhile lay at Iloniton till re-en- forced by sir William Herbert and Lord Gray, with some German horse, and some Italian arquebusiers under liattista Spinola. He then resolved to attempt the relief of Exeter, which was now reduced to ex- tremities. He attacked the rebels, di'ove them from all their posts, did great execution upon them both in tlio action and pursuit, and took many prisoners. Arundel and the other leaders wei-e sent to London, tried and executed. Many of the inferior sort were put to death by martial law : the vicar of St. Thomas, one of the principal i)]cendiaries, was hanged on the top of his own steeple, arrayed in his popish weeds, with his beads at his girdle. The insurrection in Norfolk rose to a still gi-eater height, and was attended with greater acts of violence. The populace were at first excited, as in other places, by complaints .against inclosuros ; but finding their numbers amount to twenty thousand, they grew inso- lent, and proceeded to more exorbitant pretensions. They required the suppression of the gentry, the jilacing of new counsellors about the king, and the re- establishment of the ancient rites. One Ket, a tanner, had assumed the government over them, and he exer- cised his authority with tlie utmost arrogance and outrage. Having taken possession of Jloushold-hill, near Norwich, he erected h!s tribun.al under an old oak, thence called the oak of refonnation ; and sum- moning the gentry to appear before him, he gave such decrees as might be expected from his cliaracter and situation. Tlie marquis of Northampton was first ordered against him ; but met with a repulse in an action where lord Sheffield was killed. The protector affected popularity, and cared not to appear in person against the rebels : he tlicrefore sent the earl of W^arwick at the head of six thousand men, levied for the wars against Scotland ; and he thereby afforded his mortal enemy an opportunity of increasing his reputation and character. "Warwick having tried .some skirmishes with the rebels, .at last made a gene- ral attack upon them, and put them tu flight. Two thousand fell in the action and piusuit : Ket was hanged at Norwich castle ; nine of his followers on the I)oughs of the oak of reformation ; and the insun-oc- tion was entirely suppressed. Some rebels in York- shire, learning the fate of their companions, accepted the offers of pardon and threw down their arms. A general indemnity was soon after published by the protector. CONDUCT OF THE WAIl WITH SCOTLAND. Cut though the insurrections were thus quickly sub- dued in England, and no traces of them seemed to remain, they were attended with bad consequences to the foreign interests of the nation. The forces of the earl of Warwick, whicli might ha\ e made a great im- pression on Scotland, were diverted from that enter- privse ; and the French general had leisure to reduce that country to some settlement and composure. He took the fortress of Broughty, and put the garrison to the sword. He straitened the English at Hadding- ton ; and thougli lord Dacres was enabled to tlirow relief into the place, and to re-enforce the garrison, it was found at last very chargeable, and even imprac- ticable to keep possession of that fortress. The whole country in the neighbourhood was laid waste by the inroads both of the Scots and English, and could afford no supply to the garrison : the jdace lay above thirty miles from the borders ; so that a regular army was necessary to escort any provisions thither : and as the pliigue had broken out among the troops, they perished daily, and weie reduced to a state of great weakness. For these reasons, orders were given to dismantle Haddington, and to convey the artillery and garrison to Berwick ; and the eail of llutland, r.ow created warden of the east marches, executed the orders. CONDUCT OF THE WAR WITH FRANCE. Tlie king of France also took advantage of the dis- tractions among the English, and made an attempt to recover Boulogne, and that territory, which lleuiy VIII. had conquered from France. On other pre- tences he assembled an army ; and falling suddenly upon the Boulonnois, took the castles of Sellaque, Black- ness, and Ambleteusc, though well supplied with garri- .sons, ammunition, and provisions. He endeavoured to surprise Bouleubourg, and was repulsed ; but the garri- son, not thinking the place tenable after the loss of the other fortresses, destroyed the works and retired to Boulogne. Tlie rains which fell in great abundance during the autumn, and a pestilential distemper which broke out in the French camp, deprived Henry of all hopes of success against Boidogne itself ; and he re- tired to Paris. He left the command of the army to Caspar de Coligny, lord of Chatillou, so famous after- wards by the name of admiral Coligny ; and he gave him orders to form tlie siege early in the spring. The active disposition of this general engaged him to make, during the winter, several attempts agjiinst the place ; but they all proved unsuccessful. Strozzi, who commanded the French fleet and gal- leys, endeavoured to make a descent on Jersey ; but meeting there with an English fleet, he commenced an action which seems not to have been decisive, since the historians of the two nations differ in the account of the event. As soon as the Fi-ench war broke out, the protector, endeavoured to fortify himself with the alliance of the emperor ; and he sent over secretary Paget to Brus- sels, where Charles then kept court, in order to assist sir Philip Hobby, the resident ambassador, in this ue- gociation. But that prince had formed a design of extending his dominions by acting the pai t of cliani- pion for the catholic religion ; and though extremely desirous of accepting the English alliance against France, his capital enemy, he thought it unsuitable to his other pretensions to enter into strict confedeiacy with a nation which had broken off" all connexions with the church of Rome. He therefore declined the ad- vances of friendship from England ; and eluded the applications of the ambassiidois. An exact account is preserved of this negociation in a letter of Hobby's ; and it is remarkable that the emperor, in a conversa- tion with the English ministers, asserted that the pre- rogatives of a king of England were more extensive than those of a king of France. Burnet, who preserves this letter, subjoins, as a jiarallel instance, that one ob- jection which the Scots made to marrying their queen with Edward was, that all their privileges would be swallowed up by the great prerogative of the kings of England. Somerset, despairing of assistance from the emperor, was inclined to conclude a peace with l''rance and Scot- land ; and besides that he was not in a conditiou to THE HISTORY OF ENGLAND. 416 maintaiii such liu.ious wars, lie tliouglit that there no longer remained any object of hostility. The Scots had sent away their queen, and could not, it ever so much inclined, comidete the marriage contracted with Edward : and as Henry VIII. had stipulated to restore Boulogne in 1554, it seemed a matter of small moment to anticipate a few years the execution of the treaty. But when he proposed these reasons to the council, he met with strong opposition from his enemies, who, seeing him unable to support the war, were determined, for tluxt very reason, to oppose all proposals for a paci- fication. The factions ran high in tlic court of Eng- land, and matters were drawing to an issue fatal to the authority of the protector. FACTIONS IN THE COUNCIL. After Somerset obtained the patent investing him with regal authority, he no longer paid auy attention to tlio opinion of the other e.\ecutors and counsellors ; and being elated with his high dignity, as well as with his victory at Pinlcey, he thought that every one ought in everything to yield to his sentiments. All those who were not entirely devoted to him were sure to bo neglected ; wlioever opposed his will received marks of auger or contempt ; and while he showed a reso- lution to govern everything, his capacity appeared not iu any respect proportioned to his ambition. Warwick, more subtle and artful, covered more exorbitant views under fairer appearances ; and having associated him- self with Southampton, who had been readmitted into the council, ho formed a strong party, who were de- termined to free themselves from the sl.avery imposed on them by the protector. The malcontent counsellors found the disposition of the nation favourable to their designs. The nobility and gentry were in general displeased with the pre- ference wliich Somerset seemed to have given to the people ; and as they ascribed all the insults to which they had been lately e.xposed to his procrastination and to the countenance shown to the multitude, they apprehended a renewal of the same disorders from his present affectation of popularity. He had erected a court of requests in his own house for the relief of the people, and he interposed with the judges in their be- half; a me.asure which might be deemed illegal, if auy exertion of prerogative at that time could with certainty deserve that appellation. And this attempt, which was a stretch of power, seemed Uie more impolitic, be- cause it disgusted the nobles, the surest support of monarchical autliority. But though Somerset courted the people, the in- terest which he had formed with them was iu no de- gree answerable to his expectations. The catholic party, who retained influence with the lower ranks, were his declared enemies; and took advantage of every opportunity to decry his conduct. The attain- der and execution of his brother bore an odious asp?ct : the introduction of foreign troops into the kingdom was represented in invidious colours : the great estates which ho had suddenly acquired at the expense of tl:e church and of the crown rendered him obnoxious ; and the palace which he was building in the Strand served, by its magnificeuce, and still more by other circum- stances which attended it, to expose him to the cen- sure of the public. The parish cluircli of St. Mary, with three bishops' houses, was pulled down in order to furnish ground and materials for this structure : not content with that sacrilege, an attempt was made to demolish St. Margaret's, Westminster, and to employ the stones to the same purpose ; but the parishioners rose in a tumult and cluised away the protector's tradesmen. lie then laid his hands on a chapel in St. Taul's churchyard, with a cloister and ch.T.rnel-liouse belonging to it ; and these edifices, together with a church of St. John of Jerusalem, were made use of to raise his palace. What rendered the matter more odious to the people was that the tombs and [Chap. XXXV other monuments of the dead were defaced; and tho bones being carried a«ay were buried in uncousecrated ground. CONSITRACY AGAINST SOMERSET. Ocluber 6. All these imprudences were remarked by Somerset's enemies, who resolved to take adv.ant.age of them. Lord St. John, president of the council, the earls of Warwick, Southampton, and Arundel, with five mem- bers more, met at Ely-house ; and assuming to them- selves the whole power of the council, began to act independently of the protector, whom they represented as the author of every public grievance and misfor- tune. They wrote letters to the chief nobility and gentry in England, informing them of the present measures, and requiring their assistance : they sent for the m.ayor and aldermen of London, and enjoined them to obey their orders, without regard to any con- trary orders which they might receive from tlie duke of Somerset. They laid the same injunctions on the lieutenant of the Tower, who expressed his resolution to comply with them. Next day. Rich, lord-chan- cellor, the marquis of Northampton, the earl of Shrewsbury, sir Thomas Cheney, sir John Gage, sir Ralph Sadler, and chief-justice Montague, joined the malcontent counsellors ; and everything bore a bad aspect for the protector's authority. Secretary Petre, whom he had sent to treat with the council, rather chose to remain with them ; the common-council of the city being applied to, declared with one voice their approbation of the new measures, and their resolution of supporting them. As soon as the protector heard of the defection of the counsellors, he removed the king from Hampton-court, where he then resided, to the castle of Windsor ; and, arming his friends and servants, seemed resolute to de- fend Imuself against all his enemies. But finding that no man of rank, except Cranmer and Paget, adhered to him, that the people did not rise at his summons, that the city .aud Tower had declared against him, that even his best friends had deserted him, he lost all hopes of success, and began to .apply to his enemies for pardon and forgiveness. No sooner was this despond- ency known, than lord Russel, sir John Baker, speaker of the house of commons, and three counsellors more, who had hitherto remained neuters, joined the party of Warwick, whom every one now regarded as master. The council informed the public, by proclamation, of their actions .and intentions ; they wrote to the prin- cesses Mary and Elizabeth to the s.ame purpose ; and they made addresses to the king, in which, after the humblest protestations of duty and submission, they informed him, that they were the council appointed by his father for the government of the kingdom during his minority; that they had cliosen the duke of So- merset protector, under the express condition that he should guide himself by their advice and direction; that he' had usurped the whole .authority, and had neglected, and even in everything opposed their coun- sef ; that he had proceeded to that hcfght of piesump- tiou as to levy forces agaiust them, and place these forces .about his majesty's person : they therefore begged that they might be admitted to his royal pre- sence ; that he would be pleased to restore them to his confidence, and th.at Somerset's servants might be dismissed. Their request was complied with ; So- merset capitulated only for gentle treatment, which was promised liini. SOMERSET RESIGNS THE PROTECTORSHIP. He was, however, sent to the Tower, with some of his friends and partisans, among whom was Cecil, afterwards so much distinguished. Articles of mdic^' ment were exhibited against him ; of which the chief, at least the best founded, is his usurpation of the go- t vernment.and his t.aking into his own hands the whole administration of affairs. The clause of his patent, Ch4p. XXXV.] EDWARD VI. 1547—10.53. 4.17 whicli iiivestcfl liim willi ajjsoliilo [lowcr unlimited by any Ian-, was never objeotod to liiin; ijlaiiily because, aecoidiiig to tlie sciitinients of tho.se times, tliat power was in some deyreo involved in the veiy idea of regal authority. Tlie catholics wero extremely elated with tliis revo- lution ; and as they had ascribed all the late inno- vations to Somerset's autliority, they hoped that his fall would prepare the way tor the return of the an- cient religion. But Warwick, who now bore chief sway in the council, was entirely indilVerent with re- gard to all these points of controversy ; and finding that the prineijiles uf the liefurmalion had sunk deejier into Edward's mind than to be ciusily eradicated, he was determined to comply with the young prince's inclinations, and not to hazard his new acquired power by any dangerous enterprise, lie took care very early to express his intentions of supjiorting the Rcfbrmation ; and he threw such discouragements on South.ampton, who stood at the head of the Roman- ists, ami whom ho considered as a dangerous rival, that that high-spirited nobleman retired from the council, and scon after died from vexation and dis- appointment. The other counsellor.s, who had con- curred in the revolution, received their reward by promotions and new honours : Russel was created carl of Ik'dfnrd; the manpiis of Northampton ob- tained the oilice of great cliauiherlaiu ; and lord Wentwoith, besides the ofHee of chamberlain of the liousehold, got two largo manors. Stepney and Hack- ney, which were torn from the see of Loudon. A council of regency was formed, not that which Henry's will had appointed for the government of the king- dom, and which, being founded on an act of parlia- ment, was the only legal one ; but composed chiefly of members who had formerly been appointed by So- merset, and who derived their seat from an autliority which was iiow declared usurped and illeg.al. But such niceties wero during that ago little understood, and still less regarded, in England. A PARLIAMENT. November 4. A session of parliament was held ; and as it was the usual niaxim of that assembly to acquiesce in every administration which was established, the council dreaded no opposition from that quarter, and had more reason to look for a corroboration of their authority. On the 2;ird of December Somerset had been prevailed on to confess on his knees, before the council, all the articles of charge against him ; and lie imputed these misdemeanors to his own rashness, folly, and indiscretion, not to any malignity of inten- tion. He even subscribed this confession; and the paper was given in to parliament, who, after sending a committee to examine him, and hear him acknowledge it to be genuine, jiassed a vote, by which tliey de- prived him of all his offices, and fined him two thou- sand pounds a year in land. Lord St. .John was created treasurer in his place, and Warwick earl- marshal. The prosecution against him was carried no further. His fine was remitted by the king: he re- covered his liberty : and Warwick, thinking that he w,is now sufficiently humbled, and that his authority was much lessened by his late tame and abject beha- viour, readmitted him into the council, and even agreed to an alliance between their families, by the marriage of his own son, lord Dudley, with the lady Jane Seymour, daughter of Somerset. Duriiig this session a sevei'o law was jjassed against riots. It was enacted, that if any, to the number of twelve persons, should meet together for any matter of Btate, and being reciuired by a lawful magistrate should uot disperse, it should bo treason; anil if any broke liedges, or violently pulled up pales about inelosuris, without lawful authority, it should be felony : any at- tempt to kill a privy-counsoUor was subjected to the same penaltv. The bishops had made an application, Vol. I. complaining that they were deprived of all their powof by the encroachments of the civil courts, and the pre. sent suspension of the canon law ; that they could summon no oii'endcr before them, punish no vice, or f.xert the discipline of the church ; from which dimi- nution of their authority, they pretended, immorality had everywhere received great cncouragcmeut and in- crease. Tlie design of some was to revive the peni- tentiary rules of the primitive church ; but others thought, that such an authority committed to the bishops would jirove more oppressive than confession, jienance, and all the clerical inventions of the Romisli sujierstition. The parliament for the present con- tented 'themselves with empowering tlio king to ap- ]ioint thirty-two commissioners to compile a body of canon laws, which were to be valid, though never rati- fied by pailianunt. Such inii)licit tru.st did they re- pose in the crown; without reflecting that all their liberties and properties might be aflx'cled by tlicse canons. The king did uot live to afiix the royal sanction to the new canons. Sir John Sharin"ton, w hose crimes and malversations had appeared so cre- gious at the condemnation of lord Seymour, obtained from parliament a reversal of his attainder. This man sought favour with the more zealuus reformers; and bishop Latimer affirmed, tliat though ibrmerly he had been a most notorious knave, he was now so penitent that ho had become a very honest man. PEACE WITH FRANCE AND SCOTLAND. 15:.0. When Warwick and the council of regency began to exercise their power, they found themselves in- volved in the same difficulties that had embarrassed the protector. The wars with lyance and Scotland could not be supported by an exhausted exchequer; seemed dangerous to a divided nation; and weie now acknowledged not to have any object which even the greatest and most uninterruiUed success could attain. The project of peace entertained by Somerset had served them as a pretence for clamour against his administration ; yet, after sending sir Thomas Cheney to the emperoi-, and nuiking again a fruitless efibrt to engage him in the protection of Boulogne, they found themselves obliged to listen to the advances which Henry made them, by the canal of titiidotti, a Flo- rentine merchant. 'The carl of Bedford, sir John JLison, Paget and Pctrc, were sent over to Boulogne, with full powers to ncgociate. "I'hc French king abso- lutely refused to pay the two millions of crowns which his predecessor had acknowledged to be due to the crown of England as arrears of pensions ; and said that he never would consent to render himself tribu- tary to any prince. BOULOGNE SURRENDERED. March 24. But he offered a sum for the immediate restitution of Be\doguo ; and four hundred thousand crowns wero at last agreed on, one half to be paid immediately, the other in August following. Six hostages were given for the i)erfonnance of this article. Scotland was com- prehended in the treaty : the I'.nglish stipidatod to re- store Lander and Douglas, and to demolish the for- tresses of Roxburgh and Eyemouth. No sooner was peace concluded with France, than a project was enter- tained of a close .alli.anee witli that kingdom ; and Henry willingly embraced a proposal so suitable both to his interests and his inelinatiuus. An an-iccmcnt some time after Mas formed for a marriage between Edward and Elizabeth, a daughter of France; and all the articles were, after a little nogociation, fully set- tled : but this project never took effect. The intention of marrying the king to a daughtei- of Henry, a violent persecutor of the protestants, was uo- wise acceptable to that party in laigland : but in all otiier respects the council was steady in promoting live Reformation, and in enforcing the law.s .igainst UlO ,■ SH il 418 THE HISTORY OF ENGLAND. IChai'. XXXV, Romanists. Scvcr.il prelates were still .iddicted to that uomnuiiiion, and tlimi;:li tlicy made some compli- niices, ill order to save tlicir bislioiirics, tliey retarded, as miicli as tliej- safelv could, tlie execution of tlic new laws, and gave countenance to sucli incumbents as were negligent or refractory. A resolution was tliorefoie taken to seek pretences for depriving those prelates ; and the execution of this intention was tlie more easy, as they had all of them been obliged to take conimis- sious, in wliich it w.as declared, that they held their sees diuin:; the king's pleasure only. It was thouglit proper to begin with Gardiner, in order to strike a terror into tlic rest. The method of procecdiiig.against him was violent, and had scarcely any colour of law or justice. Injunctions had been given him to inculcate, in a sermon, the duty of obedience to a king, even during his minority ; and because he had neglected this topic, he had been thrown into prison, and had been there detained during two years, without being accused of .iny crime except disobedience to this arbitrary command. The duke of Somerset, secretary Pelre, and some others of the council, were now sent, in order to try his temper, and endeavoured to find some grounds for depriving him : he professed to them liis intention of conforming to the government, of sup- porting the king's laws, and of officiating by the new liturgy. This was not the disposition which tliej' ex- pected or desired. A new deputation was therefore sent, who carried him several articles to subscribe. He was requiied to acknon ledge his former misbeha- viour, and to confess the justice of his confinement : lie was likewise to own, tliat tlie king was supreme head of the church ; that the power of making and dispensing with holid.ays was part of the prerogative ; tliat the book of couftion-prayer was a godly and com- mendable form ; that the king was a complete sove- reign in his minority; that the law of the si.x articles was justly repealed ; and that the king had full antlio- rity to correct and reform what was amiss in eccle- si;i8tical discipline, government, or doctrine. The bi- sliop was willing to set his hand to all the articles ex- cept tlie first ; lie maintained his conduct to have been inoffensive ; and declared that he would not own him- tclf guilty of faults which he had never committed. The council, finding that he had gone such lengths, were determined to prevent his full compliance, by multiplying the difficulties upon him, and sending him new articles to subscribe. A list was selected of such points .as they thought would be the hardest of diges- tion; and, not content with this rigour, they also insisted on his submission, and his acknowledgment of past errors. To make this subscription more morti- fying, they demanded a promise, that he would recom- mend and publish all these articles from the pulpit: but Gardiner, who saw that they intended either to ruin or dishonour him, or perhaps both, determined not to gratify his enemies by any further compliance : he still maintained his innocence; desired a fair trial; and refused to subscribe more articles, till he should reco- ver his liberty 1551. For this pretended ofl^ence his bishopric was put under seiiuestration for three months; and as he then appeared no more compliant than be- fore, a commission was appointed to try, or, more pro- perly speaking, to condemn him. The commissioners were, the primate, the bishops of London, Ely, and Lincoln, secretary Petre, sir James Hales, and some other lawyers. Gardiner objected to the legality of tlie commission, wliicli was not founded on any statute or precedent ; and he appealed from tlie commissioners to the king. His appeal was not regarded : sentence was pronounced against him : he was deprived of his bishopric, and committed to close custody : his books and papers were seized ; he was secluded from all com- pany; audit was not allowed him cither to send or receive any letters or messages. Gardiner, as well as the other prelates, had agreed to hold his office during the king's pleasure : but the council, unwilling to make use of a concession which had been so illegally and arbitrarily extorted, <,hcr9.. rather to employ some forms of justice ; a resolution which led them to commit still greater iniquities and severities. But the violence of the reformers did not stop here. Day, bishop of Cliichester, Heath of Wor. coster, and Volsey of Kxeter, wcie deprived of their bislioprics, on pretence of disobedience. Even Kitchen of Llaiidaff, Capon of Salisbury, and Sampson of Co- ventry, tliough they liad complied in everything, yet not being supposed coidial in their obedience, were obliged to seek protection, by s.acrificing the most considerable revenues of their see to the rapacious courtiers. These plunderers neglected not even smaller profits. An order was issued by council for purging the library at Westminster of all missals, legends, and olhersuper- stitious volumes, and delivering their garniture to sir Anthony Aucher. Many of these books were plated with gold and silver, and curiously embossed; and this finery was probably the superstition that con- demned them. Great havoc was likewise made on the libraries at Oxford. Books and manuscripts were de- stroyed without distinction : the volumes of divinity suffered for their rich binding: tliose of literature were condemned as useless: those of geometry and .astronomy were supposed to contain nothiug but ne- cromancy. Tlie nniversily had not power to oppose these barbarous violences: they were in danger of losing their own revenues; and expected every mo- ment to be swallowed up by the earl of Warwick and his associates. Tliough every one besides yielded to the authority of the council, the lady Jlary could never be biouglit to compliance; and she still continued to adhere to the mass, and to reject the new liturgy. Her behaviour was during some time connived at ; but .at last her two cliaplains. Mallet and Berkley, were thrown into pri- son ; and remonstrances were made to the princess herself on account of her disobedience. The council wrote her a letter, by which they endeavoured to make her change her sentiments, and to persuade her that her religious faith was very ill grounded. They asked her what warrant there was in scripture for prayers 'u an unknown tongue, the use of images, or offering up the sacrament for the dead; and tliey desired her to peruse St. Austin, and the other ancient doctors, who would convince her of the errors of the liomish super- stition, and prove that it was founded merely on false miracles and lying stories. The lady Mary remained obstinato against all this advice, and declared herself willing to endure death rather than relinquish her religion: she only feared, she said, that she was not worthy to suflc-r martyrdom in so holy a cause : and as for jirotestaut books, she thanked (iod, that as she never had, so she boiK-d never to read any of them. Dreading further violence, she endeavoured to make an escape to her kinsuiau Cliarles ; but her design was discovered and prevented. The emperor remonstrated in her behalf, .and even threatened iiostilities, if liberty of conscience were refused her: but though the coun- cil, sensible that tlie kingdom was in no condition to support with honour such a war, was desirous to com- ply, they found great difficulty to overcome the scru- ples of tlie young king. He had been educated in such a violent abhorrence of the mass aud other popish rites, which he reg.arded as impious and idolatrous, that he should participate, he thought, in the sin, if lie allowed its commission : and when at last the impor- tunity of Cranmer, Ridley, and Poinet prevailed some- what over his opposition, he burst into tears; lament- ing his sister's obstinacy, .and bewailing his own hard fate, that he must suffer her to continue in such ai: abominable mode of woi-sbip. The great object, at this time, of antipathy among the protestant sects was jiopery, or more properly speaking, the papists. These they regarded as the common enemy, who threatened every moment to ovur- v'helm the evangelical faith, and destroy its partisaiiii CHAP XXXV.] EDWARD VI. 1547-1553. 419 liy fire and swoid : tlipy liiid not as yet had leisiire to attend to the other iniiuite differences among them- selves, wliich atterwards became tlie object of such fu- rious quarrels and animosities, and tlirew tlie wiiole kingdom into combustion. Several I.uther.in divines wiio luul reputation in tliose days, Uucer, I'eter Jlar- tyr, and others, were induced to take shelter in Eng- land, from the iiersccmions which the emperor exer- cised in Germany ; and tliey received protection and encouragement. .lohn h Lasco, a polish nobleman, being expelled his country by the rigours of the catho- lics, settled during some time at Embden in East Friezland, wlicre he became preacher to a congregation of tlie reformed. Foreseeing the persecutions which en- sued, he removed to England, and brought his congre- galiim along with him. The council, who regarded them as industrious, useful jieoplc, and desired to in- vite over others of the same character, not only gave them the church of Augustine friars for the exercise of their religion, but granted them a charter, by wliich they were erected into .a corporation, consisting of a superintendent and four assisting ministers. This eccle- siastical establishment w.as quite independent of the church of England, and dift'ered from it in some rites and ceremonies. Tliese differences among the protestants were matter of lriiiiiii>h to the catholics; who insisted, that the mo- ment men dejiarted from the authority of the church, they lost all criterion of truth and falsehood in mat- ters of religion, ami must be carried away by every wind of doctrine. The continual variations of eveiy sect of ])rotestants aft'orded them the same topic of reasoning. The book of common-prayer suftered in England a new revisal, and some rites and ceremonies which h.ad given cft'ence were omitted. The specula- tive doctrines, or the metaphysics of religion, were also reduced to forty-two articles. These were intended to obviate further divisions and variations; and the com- piling of them had been postponed till the establish- ment of the liturgy, which w.as justly regarded as a more material object to the people. The eternity of hell torments is asserted in this confession of faith ; and cue is also taken to inculcate, not only that no heathen, how virtuous soever, can escape an endless state of the most e.xquisite misery, but also that every one who presumes to maintain that any pagan can pos- sibly tie saved, is himself exposed to the penalty of eternal perdition. The theological zeal of the council, though seemingly fervent, went not so far as to make them neglect their own temporal concerns, which seems to have ever been uppermost in their thoughts : they even foniid leisure to attend to the jiublic interest; nay, to the commerce of the nation, which was at that time very little tlie object of general study or attention. The trade of England had anciently been carried on altogether by foreigners, chiefly the inhabitants of the Ilanse-towns, or Easterlings, as they were called : and in order to encour.age these merchants to settle in England, they had been erected into a corporation by Henry III., had obtained a patent, were endowed with privileges, and were exempted from several heavy duties paid by other aliens. So ignorant were the English of com- merce, that this comjiany, usually denominated the merchants of the Stil-yaid, engrossed, even down to the reign of Edward, almost the whole foreign trade of the kingdom; and ;is they naturally employed the shippini; of their own country, the navigation of Eng- land was also in a very languishing condition. It was therefore thought proper by the council to seek pre- tences for annulling the privileges of this corjioration, privileges which put them nearly on an equal footing with Englishmen in the duties wliich they paid ; and as such patents were, during that age, granted by the absolute power of the king, men were the less surprised to find them revoked liy the same authority. Several remonstrances were nuide against iliis innovation by Lubcc, Hamburgh, and other Ilanse-towns , but tiia council persevered in their resolution, and the good effects of it soon became visible to the nation. The English merchants, by their very situation as natives, had advantages above foreigners in the piirch.ise of cloth, wool, and other commodities ; though these ad- vantages had not hitherto been sufficient to rouse their industry, or engage them to become rivals to this opu- lent company : but when aliens' duly was also imposed upon a'l foreigners indiscriminately, the English were tempted to enter into commerce; and a spirit of indus- try began to appear in the kingdom. About the same time a treaty was made witli Gns- tavus Ericson, king of Sweden, by which it was stipu- lated, that if he sent bullion into England, he might export English commodities without paying custom ; that he should carry bullion to no other prince; that if he sent ozimus, steel, copper, &c. he should pay custom for English commodities as an Englishman ; and tliat if he sent other merchandize, he should have free intercourse, paying custom as a stranger. The bullion sent over by Sweden, though it could not be in great quantity, set the mint to work : good specie was coined ; and much of the base metal formerly issued was recalled : a circumstance which tended extremely to the encouragement of commerce. WARWICK CREATED DUKE OF NORTHUM- BERLAND. Ijut all these schemes for promoting industry were likely to prove abortive, by the fear of domestic con- vulsions, arising from the ambition of Warwick. That nobleman, not contented with the station which he liad attained, carried further his pretensions, and had gained partisans, who were disposed to second him in every enterprise. The last earl of Noi thumberland died with- out issue ; and as sir Thomas Tiercy, his brother, had been attainted on account of the share which he had in the Yorkshire insurrection during the late reign, the title was at present extinct, and the estate was vested in the crown. AVarwick now procured to him- self a grant of those ample possessions, which lay chiiitly in the North, the most warlike part of the kiu"- dom; and he was dignified with the title of duke of Northumberland. His friend, Paulet, lord St, John, the treasurer, was created, first, eail of Wiltshire, tlieii marquis of Winchester : sir William Herbert obtained the title of carl of Pembroke. NORTHUMBERLAND'S AMBITION. But the ambition of Northumberlana made him re- gard all increase of possessions and titles, either to himself or his partisans, as steps only to further acqui- sitions. Finding that Somerset, though degraded from his dignity, and even lessened in the public opinion by his sjiiritlcss conduct, still enjoyed a considerable share j of pirpularity, he determined to niin the man whom he regarded as the chief obstacle to the attainment of his i lio]ies. The alliance which had been contracted between ; the families had produced no cordial i.nion, and oulv en- .abled Northumberland to comjiass with more certainty i the destruction of his rival. Ife secretly gained many ' of the friends and servants of that unhajipy nobleman: i he sometimes terrified him by the appearance of dan- ger ; sometimes provoked him by ill usage. The un- guarded Somerset often broke out into menacing ex- inessions .against Northmuberland : at other times he formed rash projects, wliich he immediately aban- doned : his treaelierfpus confidants carried to his enemy every p.assionale word which dropped from him : they revealed the schenies which they themselves had first suggested: and Northumberland, thinking tln.t the proper se;u-on was now come, began to act in an open manner against him. On the ICth of October, in one night, the duko of Somerset, lord Grey, David and .John Seymour, Ham- mond and Neudigate, two of llie duke's' servants, sir 420 TIIR HISTORY OF ENGLAND. [Chap XXXV. Kalph Vaivo, and sir Thomas Palmer weie arrested and committed to custody. Ke.xt day tlio duclicss of So- merset, -with lier favourites, Ciaiie and liis ivife, sir Miles Partridge, .«iir Jlicliael Stanhope, Baunisler, and others, were ticrown into prison. Sir Thomas Palmer, who had all along acted as a s]iy npou Somerset, ac- cused him of having formed a design to raise an insur- rection in the north, to attack the gens d'armes on a muster-day, to secure the Tower, and to raise a rehcl- liou ill London ; liut, what was the only prohahle accu- sation, he asserted, that Somerset had once laid a pro- ject for murdering Northumhcrland, Northampton, and Pembroke, at a banquet which was to be given them by lord Paget. Crane and his wife confirmed Palmer's testimony with regard to this last design ; and it appears that some rash scheme of that nature liad really been mentioned ; though no regular consjii- racy had been formed, ur means prepared for its exe- cution, llanmiond confessed that the duke had .armed men to guard him one night in his house at Green- wich. TRIAL OF SOMERSET. Somerset wrs brought to his tri.al before themarrpiis of Winchester, created high-steward. Twenty-seven peers composed the jury, among whom were Northum- berland, Pembroke, and Norlliampton, wliom decency shotiUl have liindci-ed from acting as judges in the trial of a man that appeared to be their capital enemy. Somerset was accused of high-treason on account of the projected insurrections, and of felony in laying a design to murder privy-counsellors. We liave a very imiierfect acconnt of all state trials during that age, which is a sensible defect in our his- tory : but it apjieavs that some more regularity was observed in the management of this prosecution than had nsu.illy been employed in like cases. On the 1st of December the witnesses were at least examined by I the privy-council ; .and though they were neither pro- ' duced in court, nor confronted with the prisoner, (cir- cumstances required by the strict principles of equity,) their depositions were given in to tlie jiuy. The proof seems to have been lame with regard to the treasonable part of the charge; and Somerset's defence was so satisfactory, tluit the peers g.avo verdict in his favour : the intention alone of assaulting the privy-connsellors was supported by tolerable evidence ; and tlie jury brought him in guilty of felony. The prisoner him- self confessed that he had expressed his intention of murdering Nortlinmberl.and and the other lords; but had not formed any resolution on that head : and when he received sentence, he asked pardon of those peers for the designs which he had hearkened to against them. The people by whom Somerset was beloved, hearing the first part of his sentence, by which he wiis acquitted from treason, expressed their joy Iiy loud .acclamations : but tlieir satisfaction was suddenly damped, on finding that he was condemned to death for felony. SOMERSET'S EXECUTION. January 22, 1552. Care had been taken by Northumberland's emis- saries, to prepossess the young king against his uncle ; and lest ho shotild relent, no access was given to any of Somerset's I'riends, and the prince was kept from reflection by a continued scries of occupations and .amusements. Atl.ast the prisoner was brought to the scaftbld on Tower-hill, amidst great crowds of specta- tors, wh.o bore him sucli sincere kindness that they entertained to the last moment the fond hopes of his pardon. Many of tlicm ruslicd in to dip their hand- kerchiefs in his blood, whicli tlicy long preserved as a precious relic; and some of them soon after, when Kortlmmberland met with a like doom, iqjbraided him with this cruelty, and disjilayed to liim tliese symljols cf his crime. Somerset, indeed, tliougli many actions of his life were exccplion.able, seems in general to have merited a better fate ; and the faidts which he com- mitted Avere owing to weakness, not to any bad inten- tion. Ilis virtues were better calculated for private than for public life; and by his w.ant of penetration and firmness ho was ill-fitted to extricate himself from those cabals and liolences to wiiich that age was so much addicted. Sir Thomas Arundel, sir Michael Stanhope, sir Miles Partridge, and sir Raljili Vane, all of them Somerset's friends, were brought to their trial, condemned, and executed : great injustice seems to have been used in tlieir prosecution. Lord Paget, chancellor of tlio duchy, was on some pretence tried in the slar-cluamber, and condemned in a fine cf six thousand pounds, with the loss of his ofKce. To mor- tify him the more, he was degraded from the order of the garter; as unworthy, on account of his mean birth, to share that honour. Lord Rich, chancellor, was also compelled to resign his oflSce, on the discovery of some m.arks of friendship which he had shown to Somerset. A PARLIAMENT. January 23. The da}' after the execution of Somerset, a session of parliament was held, in which further advances were made towards the establishment of the Reforma- tion. The new liturgy was authorized ; and penalties were enacted against all those who absented them- selves from public worship. To use the mass had ■already been prohibited under severe penalties ; so that tlie reformers, it appears, whatever scope tlioy had given to their own priv.ate judgment, in disputing the tenets of the ancient religion, were resolved not to .allow the same privileges to others ; and the practice, nay, the very doctrine of toleration, w.as at that time equally unknown to all sects and parties. To disseut from the religion of the m.agistrate, was universally conceived to be as ciimiu.al as to question his title, or rebel against his authority. A law was enacted .ag.ainst usury ; that is, against tiiking .any interest for money. This act w.as the re- mains of ancient superstition ; but being found ex- tremely iniquitous in itself, as well as prejudicial to commerce, it was afterwards repealed in tlie twelfth of Elizabeth. The common rate of interest notwith- standing the law, was at this time fourteen per cent. A bill was introduced by the ministry into the house of lords, renewing those rigorous statutes of treason which had been abrogated in the beginning of this reign; and though the peers, by their high station, stood most exposed to these tempests of st.ate, yet had they so little reg.ard to public security, or even to their own true interest, that they passed the bill with only one dissenting voice. Uut the commons rejected it, and prepared a new bill, that passed into a law, by which it was enacted, '' That whoever should call the king or any of his heirs, named in the statute of the thirty-fifth of the last icign, heretic, schismatic, tyrant, infidel, or usurper of the crown, should forfeit, for the first of- fence, their goods .and chattels, and be imprisoned during pleasure ; lor the second, sfiould incur a pric mnnire ; for the third, should be attainted for treason. But if any should unadvisedly utter such a slander in writing, luintiug, painting, carving, or graving, he was for the fir.'^t oft'eiice to be held a traitor." It ni.ay be worthy of notice, that the king and his next heir, the lady Mary, were professedly of different religions ; and religions which threw on each other the imputation of heresy, schism, idolatry, profaneness, blasphemy, wickedness, and all the opjirobrioiis epithets that reli- gi(uis zeal has invented. It was almost impossible, therefore, for the people, if they spoke at all on these subjects, not to fall into the crimes so severely pun- ished by the statute; and the jealousy of the commons for liberty, though it led them to reject the bill of trea- sons sent to them by the lords, .ajjpears not to have ben \ory active, A'igilant, or clear-sighted. The commons annexed to this bill a clause wliich Chap. XXXV.] EDWARD VI 1-547—1.553. 421 was of more importance than the bill itself, that no one should bo convicted of any kind of treason milcss the crime were proved by tlie oaths of two witnesses confronted with the prisoner. The lords for some time scrupled to pass this clause, though coiiforniable to the most obvious principles of equity. l!ut the members of that house trusted for protection to tiieir present personal interest and power, and neglected the noblest and most permanent securi'y, that of laws. The house of peers passed a bill, whose object was making a provision for tlu^ poor ; but the commons, not choosing that a money-bill should begin in the upper house, framed a new act to the same purpose. Jly this act the churchwardens were ciupowei'ed to collect charitable contributions : and if any refused to give, or dissuaded otliers from that charity, the bishop of the diocese was empowered to proceed against them. Such large discretionary powers intrusted to the prelate, seem as proper an oliject of jealousy as the authorily assumed by the peers. There was another occasion in which tlie parliament reposed an unusual confidence in the bishops. They empowered tliem to proceed against such as neglected the Sundays and holidays. Dut these were unguarded concessions granted to the church: the general humour of the ago rather led men to bereave the ecclesiastics of all power, and even to pillage tliem of their pro- Jierty : numy clei'gymen about this time were obliged for a subsistence to turn carpenters or tailors, and tome kept alehouses. The bishops themselves were generally reduced to poverty, and held both their re- venues and spiritual oftlce by a very precarious and uncertain tenuie. Tonstal, bishop of Durham, was one of tlie most eminent prelates of that age, still less for the dignity of his see, than for his own personal merit ; his learn- ing, moderation, humanity, and beneficence. lie h.ad opposed, by his vote and authority, all innovations in religion ; but as soon as they were enacted, he had always submitted, and had conformed to every theo- logical system which had been established. His known probity luul made this compliance be ascribed, not to an interested or time-serviug spirit, but to a sense of duty, which led him to tliink that all private opinion ought to be sacrificed to the greater concern of public peace and tranfjuillity. The general regard paid to his character had protected him from any severe treat- ment during the administration of Somerset; but when Nortliumberland gained the ascendant, he was thrown into |nison ; and as that rapacious nobleman had formed a design of seizing the revenues of the see of Durham, and of acquiring to himself a principality in the northern counties, he Wiis resolved, in order to ef- fect his purpose, to deprive Tonstal of his bishopric. A bill of attainder, therefore, on pretence of misprision of treason, was introduced into the house of peers against the prelate; and it passed with the opposition only of lord Stourton, a zealous catholic, and of Cianmer, who always bore a cordial and sincere friendship to the bi- shop of Durham, lint when the bill w.as sent down to the commons, they required that witnesses should be examined, that Tonstal sliould be allowed to defend himself, and that he should be confronted with his ac- cusers; and when these demands were refused, they rejected the bill. This equity, so unusual in the parliament during that age, was ascribed by Xortbumberlaud and his partisans, not to any regard for liberty and justice, but to the prevalence of Somerset's faction in a house of commons, which, being chosen duiing the administra- tion of that nobleman, had been almost entirely tilled with his creatures. They were confirmed in this opinion, when tliey found that a bill, ratifying the attainder of Somerset and his accomplices, was also rejected by the commons, though it had passed the upper house. A resolution was therefore taken to dis- bohe the parliament on the 15th of April, which had sitten during this whole reign ; and soon after to sum- mon a new one. A NEW PARLIAMENT. Northumberland, in order to ensure to liim.self a house of commons entirely obseipiious to his will, ven- tured on an expedient, which could not have been practised, or even imagined, in an age where there was any idea or coniprehensiou of liberty, lie enga"ed the king to write circular letters to all the sheriffs," in which he enjoined them to inform the freeholders, that they were required to choose men of knowledge and expeiienco for their representatives. After this ge- neral exhortation, t!ie king continued in the.se words : " And yet, nevertheless our pleasure is, that where our privy -council, or any of them, shall, on our behalf, re- commend within tlieir jurisdictions men of learning and wisdom ; in such cases their directions shall be regarded and followed, as tending to the s.-.me end which we desire ; that is, to h.ave this assembly com- posed of the persons in oiu' realm the best fittedto give advice and good counsel." • Several letters were sent from the king, recommending members to particular counties: sir Uichard Cotton to Hampshire; sir Wil- liam Filzwilliams and sir Henry Nevil to Berkshire; sir William Drury and sir Henry Benningfield to Suf- folk, &c. But though some counties only received this species of cont/i d'elirc from the king, the recommenda- tions from the privy-council and the counsellors, we may fairly presume, would extend to the greater part, if not to the whole of the kingdom. It is remarkable that this attempt was made durln" the reign of a minor king, when the royal authority is usually weakest ; that it was patiently submitted to; and that it gave so little umbrage as scarcely to be taken notice of by any historian. The painful and la- borious collector above cited, who never omits the most trival matter, is the only person that has thou'dit this memorable letter worthy of being transmitted to posterity. 1553. The parliament answered Northumberland's expectations. As Tonstal had in the interval been de- prived of his bishopric in an arbitrary manner, by the sentence of lay commissioners appointed to try him, the see of Durham was by act of parliament divided into two bishoprics, which had certain portions of the revenue assigned them. The regalities of the see, which included the jurisdiction of a count palatine, were given by the king to Northumberland ; nor is it to be doubted but that nobleman had also purposed to make rich plunder of the revenue, as was then usual with the courtiers whenever a bishopric became vacant. The commons gave the ministry another mark of attachment, which was at that time the most sincere of any, the most cordial, and the most difficult to be ob- tained : they granted a supply of two subsidies and two fifteenths. To render this present the more ac- ceptable, tliey voted a preamble, containii;g a long ac- cusation of Somerset, ''for involving the king in wars, wasting his treasure, engaging him in much debt, em- basing the coin, and giving occasion for a most terrible rebellion." The debts of the crown were at this time consider- able. The king had received from France four hundred thousand crowns on deliveiing Boulogne; he had reaped profit from the sale of some chantry lands; the churches had been spoiled of all their plate and rich ornaments, which by a decree of council, without any pretence of law or equity, had been converted to the king's use: yet such had been the rapacity of the courtiers, that the crown owed about three hundred thousand pounds ; and great dilapidations were at the same time made of the royal demesnes. The youn<» prince showed, among other virtues, a disposition to frugality, which, had he lived, woidd soon have retrieved these losses, but as his health was declining very fast, the present emptiness of the exchequer WTis • S:r>'pc's EccWiiasiical Memoi'i.'ilSf vx4. ii. p. 391 422 THE HISTORY OF ENGLAND. [Chap. XXXY. a eensible obstacle to tlie execution of those projects which the ambition of Noithuuiberland had founded on the Di-ospect of Edward's approaching end. SUCCESSION CHANGED. Tliat nobleman represented to the prince, whom youth and an intiim state of licalth made susceptible of any impression, that liis two sisters, Mary and Elizabeth, had both of thcni been declared illegitimate bv act of jiarliament : and ihou^jh Henry by his wU bad restored tliem to a place in the succession, the na- tion would never submit to see the throne of Enf;land filled by a bastard ; that they were the king's sisters by the "half-blood only; and even if they were legiti- mate, conW not enjoy the crown as his heirs and suc- cessors: that the queen of Scots stood excluded by tlie late king's will ; and being an alien, had lost by law- all right of inlieriling; not to mention, that as she was betrothed to tlie dauiihin, she would by her snccessiou render England, as she luul already done Scotland, a province to France : that the certain consequence of his sister Mary's succession, or that of the qvieen of Scots, was the aliolition of tlie protestant religion, and the repeal of the laws enacted in favour of the lieform- ation, and the re-establishmeut of the usurpation and idolatry of the church of Itome : tluit, fortunately for England, the same order of succession which justice required, was also the most conformable to public in- terest ; and there was not on any side any just ground for doubt or deliberation : that when these thiee princesses were excluded by such solid reasons, the succession devolved on the marchioness of Dorset, elder daughter of the French queen and tlie duke of Suffolk : that the next heir of the marchioness was the lady Jane Gray, a lady of the most amiable character, accomplished by the best education, both in literature and religion ; and every way worthy of a crown ; and that even if her titk by blood were doubtful, which there was no just reason to pretend, the king was pos- sessed of the same power which his father enjoyed, and lUi'ght leave her the crown by letters-patent. These reasonings made impression on the young prince; and, above all, his" zealous attachment to the protestant religion made him apprehend the consequences, if so bigoted a catholic as his sister Mary should succeed to the throne. And tliough he bore a tender affection :o the lady Elizabeth, who was liable to no such objec- tion, means were found to persuade him that he could not excUide the one sister on account of illegitimacy, without giving also an exclusion to the other. Northumberland, finding that his arguments were likely to operate on tlie king, began to prepare the other parts of his scheme. Two sons of the diike of Suffolk by .a second venter having died this season of the sweating-sickness, that title was extinct ; and Nortliumberland engaged the king to bestow it on the Marquis of Dorset. By means of this favour, and of others which he conferred upon him, he persuaded the new duke of Suffolk and the duchess to give their daughter, the lady Jane, in marriage to his fourth son, the lord Guilford Dudley. In order to fortify himself by further alliances, he negociated a marriage between the lady Catherine Grey, second daughter of Suffolk, and lord Ileibert, eldest son of the earl of Pembroke. He also married his own daughter to lord Hastings, eldest sou of the earl of Huntingdon. These marriages were solemnized with great pomp and festivity; and the people, who hated Northumberland, could not for- bear expressing their indignation at seeing such public demonstrations of joy during the languishing state of the young prince's health. THE KING'S SICKNESS. Edward had been seized in the foregoing year, first with till measles, then with the small-pox ; but having (.e.rf^ctly recovered from both these distoniperf, the nation entertained hopes that they would only Rer\'e tc confirm his health ; and he had afterwards made a progress through some parts of the kingdom. It was susjiected that he had there overheated himself in ex- ercise: he was seized with a cough, which proved ob" stinate, and gave way neither to regimen nor medicines: several fatal symptoms of a consumption appeared; and though it was hoped, that as the season advanced his youth and temperance might get the better of the malady, men saw with great concern his bloom and vi"Our insensibly decay. The general attachment to the voung prince, joined to the hatred borne the Dud- leys, made it be remarked, that Edward had every moment declined in health from the time that lord Ifobert Dudley h.ad been put about him in quality of gentleman of the bedchamber. The languishing state of Edward's health made Nor- thumberland the more intent on the execution of his lu'oject. lie removed all except his own emissaries from .about the king : he himself attended him with the greatest assiduity : he pretended the most anxious con- cern for his health and welfare : and by all these arti- fices lie prevailed on the young prince to give his final consent to the settlement projected. Sir Edward iMon- tague, chief-justice of the common-pleas, sir John Baker and sir Thomas Bromley, two judges, with the attorney and solicitor-general, were summoned to the council ; where, after the minutes of the intended deed were read to them, the king required them to draw them up in the form of letters-patent. They hesitated to obey ; and desired time to consider of it. The more they reflected the greater danger they found in com- jiliance. The settlement of the crown by Henry VIII. liad been made in consequence of an act of p.arliament: and by another act, passed in the beginning of thic reign, it was declared treason in any of the heirs, their aiders or abettors, to attempt on the right of another, or change the order of succession. The judges pleaded these reasons before the council : they urged, that such a patent as was intended would be entirely invalid ; that it would subject, not only the judges who drew it, but every counsellor who signed it, to the pains of treason ; and that the only proper expedient, both for giring sanction to the new settlement, and freeing its partisans from danger, was to summon a parliament, and to obtain the consent of that assembly. The king said, that he intended afterwards to follow that method, and would call a parliament, in which he purpose I to have his settlement ratified ; but in the mean time he required the judges, on their allegiance, to draw the patent in the form required. The council told the judges that their refusal would subject all of them to the pains of treason. Northumberland gave to Mon- tague the appellation of traitor ; and said that he would in his shirt fight any man in so just a cause as that of lady Jane's succession. The judges were re- duced to great difficulties between the dangers from the law, and those which arose from the violence of pre- sent power and authority. The arguments were canvassed ia several different meetings between the council and the judges; and no solution could be found of the difficulties. At last Montague proposed an expedient, which satisfied both his brethren and the counsellors. He desired that a special commission should be passed by the king and counsel, requiring the judges to draw a patent for the new settlement of the crown, .and that a pardon sliould immediatidy after be granted them for any oft'ence which they might have incurred by their compliance. When the patent was drawn, and brought to the bishop of lily, chancellor, in order to have the great seal affixed to it, this prelate required that all the judges should previously sign it. Gosnald at first refused ; and it ivas with much difficulty that he was prevailed on, by the violent menaces of Northunilierland, to comply; but the constancy of sir James Hale, who, though a zealous protestant, preferred justice on this occasion to the prejudices of his pai-ty, could jiot bo CifAP XXXVI.] MARY, ) 5.33 -1558. 423 shaken by any expedient. The cliancellor next re- quired, for his greater security, that all the privy-coun- scllors should set their hands to the patent ; the in- trigues of Northumberland, or the fears of his violence, were so prevalent, that the counsellors complied with this demand. Cranmer alone hesitated during some time, but at last yielded to the earnest and pathetic en- treaties of the king. Cecil, at that time secretary of state, pretended afterwards that he only signed as witness to the king's subscription. And thus, by the king's lettei-s-patent, the two princesses, JIary and Klizabeth, were set aside; and the crown was settled on the heirs of the duchess of Suffolk: for the duchess herself was content to give place to lier daughters. THE KING'S DEATH. July G. After the settlement was made, with so many inaus- picious circumstances, Edward \nsihly declined every day; and small hopes were entertained of his recovei-y. To make matters worse, his physicians were dismissed by Nortlumiberland's advice, and by an order of coun- cil; and he was put into the hands of an ignorant woman, who undertook in a little time to restore him to his former state of health. After tlie use of her medicines, all the bad symptoms increased to the most violent degree : he felt a difficulty of speecii and breath- ing ; his pulse failed, his legs swelled, his colour became livid ; and many other symptoms appeared of his ap- proaching end. He expired at Greenwich, in the six- teenth year of his age, and tl>e seventh of his reign. All the English historians dwell with pleasure on the excellent qualities of this young prince ; whom the flat- tering promises of hope, joined to many real virtues, had made an object of tender affection to the public. He possessed mildness of disposition, application to study and business, a capacity to learn and judge, and an attachment to equity and justice. He seems only to have contracted, from his education, and from the genius of the age in which he lived, too much of a narrow prepossession in matters of religion, which made him incline somewhat to bigotrjand persecution: but as the bigotry of protestauts, less governed by priests, lies under more restraints than that of catho- lics, the effects of tliis malignant quaUty were the less to be apprehended if a longer life had been granted to young Edward. CHAPTER XXXVI. 51 A R Y. Liyly Jane Gmv prot-laimed Queen Deserted by the People The Queen fruclftimed and acknowledged Northumhcrland executed Catholic ReliKion rwtored A Pailiamcnt- — Deliheratii.ns with repard tn the Queen's Marriace Queen's Marriaijc with l*hilip Wyat^s Insurrtc- tiDii suppressetl Kxeeution of Lady Jane Gray \ Parliament Philij s Arrii al in l:^npland ,rr>i '^T^HE title of the princess Mary, after the de- ' ' ■ JL niise of her brother, was not exposed to any considerable difficulty ; and the objections started by the lady Jane's partisans were new and unheard of by the nation. Though all the protestants, and even many of the catholics, believed the marriage of Henry VIII. with Catherine of Arragon to jje unlawful and invalid ; yet, as it had been contracted by the parties without any criminal intention, had been avowed by their p.arents, recognised by tlie nation, and seemingly founded on those principles of law and religion which then prevailed, few imagined that their issue ought on that account to be regarded as illegitimate. A declara- tion to that jiiirpose had indeed been extorted from parliament by tlie usual violence and caprice of Henry; but as that monarch had afterwards been induced to re- store his daughter to the right of succession, her title was now become as legal and parliamentary as it •was ever esteemed just and natural. The public had long been familial ized to these sentiments: during all the reign of Edward, the princess was regarded as his law- ful successor; and though the protestants dreaded the eflects of her prejudices, the extreme hatred univer- sally entertained against the Dudleys, who men fore- saw would, under the name of Jane, be the real sove- reigns, was more than sufficient to counterbalance, even with that party, the attachment to religion. This last attempt to violate the order of succession had displayed Northumberland's ambition and injustice in a full light ; and when the people reflected on the long train of fraud, iniquity, and cruelty by which that project had been conducted ; that the lives of the two Seymours, as well as the title of the princesses, had been sacrificed to it ; they were moved by indignation to exert themselves in opposition to such criminal en- terprises. The general veneration also paid to the memory of Henry VIII. prompted the nation to de- feud the rights of his posterity; and the miseries of tlie ancient civil wars were not so entirely-forgotten, that men were willing, by a departure from the lavr- ful heir, to incur the danger of like bloodshed and confusion. Northumberland, sensible of the opposition which he must expect, bad carefully concealed the destination made by the king ; and in order to bring the two prin- cesses into his power, he had had the precaution to en- gage the council, before Edward's death, to write to them in that prince's name, desiring tlieu' attendance, on pretence that his infirm state of health required the assistance of their counsel, and the consolation of their company. Edward expired before their arrival ; but Northumberland, in order to make the princesses fall into the snare, kept the king's death still secret ; and the lady Mary had ah'eady reached Hoddcsden, within half a day"s journey of the court. Happily, the earl of Arundel sent lier private intelligence both of her brother's death and of the conspiracy foi-med against her: she immediately made haste to retire; and she arrived, by quick journeys, first at Ivenninghall in Nor- folk, then at Framlingliam in SuffJolk ; where she pur- posed to embark and escape to Flanders, in case she should find it impossible to defend her right of succes- sion. She wrote letters to the nobility and most con- siderable gentry in every county in England ; com- manding them to assist her in the defence of her crown and person. And she dispatched a message to the council, by which she notified to them that her brother's death was no longer a secret to her, promised them pardon for past offences, and required them immedi- ately to give orders for proclaiming her in London. LADY JANE GRAY PROCLAIMED QUEEN. Northumberland found that further dissimulation was fruitless: he went to Sion house, accompanied by the duke of Suffolk, the earl of Pembroke, and others of the nobility ; and he approached the lady Jane, ■who resided there, with all the respect usually paid to the sovereign. .Jane was in a great measure ignorant of these transactions ; and it was with equal grief and surprise that she received intelligence of them. She was a lady of an amiable person, an engaging disposi- tion, accomplished parts; and being of an equal age with the late king, she had received all her education with him, and seemed even to possess greater facility in acquiring every part of manly and polite literature. She had attained a familiar knowledge of the Roman and Greek languages, besides modern tongues ; had passed most of her tune in an application to learning; and expressed a great Indifference for other occupations and amusements usual with her sex and station. Roger Ascham, tutor to the lady Elizabeth, having one day paid her a visit, found her employed m reading Plato, while the rest of the family were engaged in a party ot I 424 THE HISTORY OF ENGLAND. [CnAi-. xxxvr. hunting in the park ; and on his admiihig the singu- Liiitv of her choice, she told him that slie received more pleasure from that author than the others couhl nap from all their sport and gaiety. Her heart, full of this passion for hteniture and the elegant arts, and of ten- derness towards her liushand, who was deserving of her aftections, had never opened itself to the ilattering al- Jurements of anihition ; and the intelhgence of her ele- vation to the throne was nowise agreeable to her. She even refused to accept of the present ; pleaded the preferable title of the two pi-incesses; expressed lier dread of the eonseqnences attending an enterprise so dangerous, not to say so criminal ; and desired to re- main in the private station in which she was born. Overcome at last by the entreaties rather than the rea- sons of her father and father-in-law, and above ail of lier husband, she submitted to their will, and was jire- vailed on to relinquish her own judgment. It was then usual for the kings of England, after their acces- sion, to pass the fii-st days in the Tower; and Xorthnm- berland immediately conveyed thither the new sove- reign. All the counsellore were obliged to attend her to that fortress ; and by this means became in reality prisoners in the hands of Xorthuniberland ; whose will they were necessitated to obey. Orders were given by tlie council to proclaim Jane throughout the kingdom ; but these orders were executed only in London and the neighbourhood. No applause ensued : the people heard the proclamation w ith silence and concern : some even expressed their scorn and contempt ; and one Pot, a vintners apprentice, was severely piinished for this offence. The protestant teachers themselves, who were employed to convince the people of Jane's title, found their eloquence fruitless ; and Eidley, bishop of Lon- don, who preached a sermon to that pnrpose, wrought no eft'ect upon his audience. Tlie people of Suffolk, meanwhile, paid their atten- dance on jiary. As they were much attached to the reformed communion, they could not forbear, amidst their tenders of duty, expressing apprehensions for their religion ; but when she assured them that she never meant to change the laws of Edward, they en- listed themselves in her cause with zeal and affection. Tlie nobihty and gentry daily flocked to her, and brought her re-enforcement. Th.- earls of Bath and Sussex, the eldest sons of lord Wharton and lord Jlor- dannt, sir WiUiam Drury, sir Henry Benningfield, sir Henrv Jernegan, persons whose interest lay in the neighbourhood, ajipearod at the head of their tenants and retainei-s. Sir Edward Hastings, brother to tiie carl of Huntingdon, having received a commission from the council to make levies for the lady Jane in Buek- inghamsliire, carried over his troops, which amounted to four thousand men, and joined JIary. Even a fleet which had been sent by Northumberland to he ofl^ the coast of Suffolk, being forced into Yarmouth by a storm, was engaged to declare for that princess. Northumberland, hitherto blinded by ambition, s;iw at last the danger gather roimd him. and knew not to v,hat hand to turn himself. He had levied forces which were assembled at London ; but dreading the cabals of the courtiers and counsellors, whose compliance he knew had been cntiiely the result of fear or artifice, he ■was resolved to keep near the person of the lady Jane, and send S\ifFolk to conmiand the army. But the coun- sellors who wished to remove him, working on the filial tendei-ness of Jane, magnified to her the danger to which her father would be exposed ; and represented that Northumberland, who had gained rejiutation by formerly suppressing a rebellion in those parts, was more proper to command in that enterprise. The duke liimself, who knew the slender capacity of Suffolk, began to think that none but himself was able to en- counter the present danger ; and he agreed to take on him the command of thetroops. The counsellors attended ou him at his departure with the highest protestations of attachment, and none more than Arundel,his mortal enemy. As he went along, he remarked the disaffec- tion of the people, which foreboded a fatal issue to his ambitious hopes. " Many," said he to lord Gray, " come out to look at us; but I find not one who cries, God speed you .'" LADY JANE DESERTED BY TIIE TEOPLE. The duke liad no sooner reached St. Edmiind's-bury, than he found his army, which did not exceed six thousand men, too weak to encounter the queen's, which amounted to double the number. He wrote to the council, desiring them to send him a re-cnt'orceraeut; I and the counsellors immediately laid hold of the op- I portunity to free themselves from confinement. They left the Tower, ;is if they meant to execute Northum- berland's commands ; but being assembled in Baynard's , castle, a house belonging to Pembrolailiament next declared the queen to be legitimate, ralihed the marriage of Henry with Catherine of Arragon, annulled the divorce pronounced by Cranmer, whom they greatly blamed on that ac- count. No mention, however, is made of the pope's authority, as any ground of the marriage. All the sta- tutes of King Edward with regard to religion were r»))ealed by one vote. The attainder of the duke of Norfolk was reversed, and this act of justice was iiioie reasonable than the declaring of that att.iiiider invalid without further authority. iMauy clauses of the riot act passed in the late reign were revived; a step • Uea-le. Eut Fox, wlio lii-ed al the time, Rnd is very minute in his nar- ratives, savs iiiitliine of the inatt-r. See vol. iii. p. 10. t Mans, sess. i. c. 1. liy this repeal, tl,oiigh it was in general popular, the cL-.tise of 3 & II led v. VI. c. II, was lost, wliich required the conliontins of two wiutf-snesj in order lo pitjve anv trcuon. which eluded in a great measure the popular stttuto enacted at the first meeting of parlLiment. Notwithstanding the compliance of the ttvo houses with the queen's inclinations, they had still a reserva in certain articles ; and her choice of a husband in par- ticular was of .such importance to national interest, that they were determined not to suhinit tamely in that respect to her will and pleasure. There were three marriages, concerning which it was supposed that Mary had deliberated after her accession. The first person proposed to her was Courtney, earl of Devonshire, who, being an Englisliinan nearly allied to the crown, could not fail of being acceptable to tlie nation ; and as he was of an engaging person and address, he had visibly gained on the queen's affections, and hints were drop- ped him of her favourable dispositions tow.ards him. lint tliat nobleman neglected these overtures; and seemed rather to attach himself to the lady Eliz.abeth, whose youth .and agreeable conversation he preferred to all the power and grandeur of her sister. This choice occasioned a great coldness in Mary towards Devonshire ; and made her breiik out in a declared animosity against Elizabeth. The ancient quarrel be- tween their mothers had sunk deep into the malignant heart of the queen ; and after the declaration made by parliament in favour of Catherine's marriage, she wanted not a pretence for representing the birth of her sister ,as illegitimate. The attachment of Eliza- beth to the reformed religion offended Mary's bigotry ; and as the young princess had made some difhculty in disguising her sentiments, violent menaces had been employed to bring her to compliance. But when the queen found that Elizabeth had obstructed her views ill a point which perhaps touched her still more nearly, her resentment, e.xcited by pride, no longer knew any bounds ; and the princess was visibly exposed to the greatest d.anger. Cardinal Pole, who had never taken priest's orders, was another party proposed to the queen ; and there appeared many reasons to induce her to nnake choice of this prelate. The high character of Pole for virtue and humanity; the great regard paid him by the ca- tholic church, of which he had nearly reached the highest dignity on the death of Paul III. ; the queen's affection for the countess of Salisbury, bis mother, wdio had once been her governess ; the violent animosity to whicli he had been exposed on account of his attach- ment to the Romish communion ; all these considera- tions had a powerful iiiHuence on Mary. But the cardinal was now in tlie decline of life ; and having contracted habits of study and retirement, he was re- presented to her as unqualified for the bustle of a court and the hurry of business. The queen, there- fore, dropped all thoughts of that alliance : but as she entertained a great regard for Pole's wisdom and virtue, she still intended to reap the benefit of his counsel iu the administration of her government. She secretly entered into a negociation with l!ommendone, an agent of cardinal Dandino, legate at Brussels; she sent as- surances to the pope, then Julius III., of her earnest desire to reconcile herself and her kingdoms to the holy see ; and she desired tluat Pole might be appointed legate for the performance of tliat pious office. These two marriages being rejected, the queen cast her eye towards the emperor's fiimily, from which her mother was descended, and which during her own dis- tresses had always afi'onled her couiitenauce and pro- tection. Charles V., who a few years before was almost absolute master of Germany, had exercised his power in such an arbitrary manner, that he gave extreme dis- gnst to the nation, who apprehended the total extinc- tion of their liberties from the encroachinents of that monarch. Religion had served him as a pretence for his usurpations ; and from the same princijile he met with that opjiosition which overthrew his grandeur and dashed all his ambitious liopes. Maurice, elector of Saxony, enraged that the landgrave of Hesse, who, by his advice and on his assurances, had put liimseif uito Chap. XXXVI.] MARY, 1553—1558 427 the emperor's liaiiJs, should bo unjustly det.aincd a prisoner, formed a secret coiisjjiracy among the pro- testant princes ; and covering his intentions with the most artful disguises, lie siiddenlv marched his forces against Charles, and narrowly missed becoming master of his person. The protestants flew to arms in every quarter ; and their insurrection, aided by an invasion from France, reduced the emperor to such difficulties that he was oljliged to svibmit to terms of peace, whicli insured the independency of Germany. To retrieve his honour he nurde un attack on France ; and laying siege to Jletz with an army of a hundred thousand men, he conducted the enterprise in person, and seemed determined at a'l liazards to succeed in an undertaking which had fixed the attention of Euiope. Hut the duke of Guise, who defended Metz, with a garrison composed of the bravest nobility of France, exerted such vigilance, conduct, and valour, that the siege was protracted to the depth of winter; and the emperor found it dangerous to persevere any longer, lie re- tired with the remains of his .army into the Low Coun- tries, much dejected with that reverse of fortune which in his declining years had so fatally overtaken him. No sooner did Charles hear of the death of Edw.ard ■ind the accession of his kinswoman Mary to !!ie crown of F.ngland, than he formed the scheme of acquiring that kingdom to his family ; and he hoped by this in- cident to balance all the losses which he had sustained in Germany. His son Philip was a widower ; and though he was only twenty-seven years of age, eleven years younger than the queen, this objection it was thought would be overlooked, and there w.os no reason to despair of her still having a numerous issue. The emperor, therefore, immediately sent over an agent to signify his intentions to Mary, who, pleased with the support of so powerful an alliance, and glad to unite herself more closely with her mother's family, to which she was ever strongly attached, readily embraced tlie proposal. Norfolk, Arundel, and Paget gave their advice for the match : and Gardiner, who was become prime-minister, and who had been promoted to the office of chancellor, finding how Mary's inclinations lay, seconded the project of the Spanish alliance. At the s.ame time he represented both to liei' and the em- peror, the necessity of stopping all further innovations in religion, till the completion of the marriage. lie observed that the parliament amidst all their compli- ances had discovered evident symptoms of jealousy, and seemed at present determined to grant no further concessions in favour of the catholic religion : that though they miglit make a sacrifice to their sovereign of some .speculative princi|!les w hich they did not well comprehend, or of some rites which seemed not of any great moment, they had imbibed such strong preju- dices against the pretended usurpations and exactions of the court of Rome, that they would with gieat diffi- culty be again brought to submit to its authority : that the d.anger of resimiing the abbey-lauds \\oidd alarm the nobility and gentry, .and induce tiiem to encourage the prepossessions which were but too general among tlie people, .against the doctrine and worsliip of the catholic churcii: that much pains had been taken to ))rejudice the nation against the Spanish alliance ; and if that point were uiged at the same time with further changes in religion, it would hazard a general revolt and insurrection : that the n)arriage being once com- pleted, would give authority to the queen's measures, and enable her afterwards to forward the pious work in which she was engaged : and that it was even neces- sary previously to reconcile the people to the marriage, by rendering the conditions extremely favourable to the English, and such as would seem to ensure to them their independency, and the entire possession of their ancient laws and privileges. The emperor, well acquainted with the prudence and experience of Gardiner, assented to all these rea- Bous ; and he endeavoured ti temper the zeal of JIary, by representing the necessity of proceeding gradually in the great work of concerting the nation. Ilearing that cardinal Pole, more sincere in his religious opin- ions, and less guided by the ma.xinis of human policy, after having sent contrary advice to the queen, had set out on his journey to England, where he w.as to exer- cise his legantine commission, he thought proper to stopliim at Dillinghen, .a town on the Danube ; and he afterwards obtained Mary's consent for this detention. The negociation for the marriage meanwhile proceeded apace ; and Mary's intentions of espousing Philip be- came generally known to the nation. The commons, who hoped that they had gained the queen by the con- cessions which they had already made, were alarnu'd to hear that she was resolved to contrael a foreign alliance ; and they sent a committee to remonstrate in strong terms against that dangerous measure. To pre- vent further applications of the same kind, she thought proper to dissolve tlie parli.ameut. (Gth December.) A convocation h.ad been summoned at the same time with the parliament; and the majority here also ap- jiearcd to be of the court religion. An offer was very frankly made by the Komanists, to dispute concerning the points controverted between the two communions ; and as transubstantiation was the article which of all others they deemed the clearest, and founded on the most irresistible arguments, they chose to try their strength by defending it. The protestants pushed the dispute as far as the clamour and noise of theii- anta- gonists would permit; and they fondly inuigined that they had obtained some advant.age when, in the course of the debate, they obliged the catholics to avow that, according to their doctrine, Christ had in his last sup- per held himself in his hand, and had swallowed and eaten himself. This triunqih, however, vtas confined only to their own party : the Romanists maintained, that tlieir champions had deaily the better of the day , that tlieir .adversaries were blind and obstinate here- tics ; that nothing but the most extreme depravity of heart could induce men to contest such self-evident principles; and that the severest punhshments were due to their perverse wickedness. So pleased were they with their superiority in this favourite point, that tliey soon after renewed the dispute at O.xford ; and to show that they feared no force of learning or abilities, where reason was so evidently on their side, they sent thither Cranmer, Latimer, and Ridley, under a guard, to try whether these renowned controversialists could find any appearance of argument to defend their baffled principles. The issue of the debate was very ditt'erent from what it appeared to be a few years before, in a famous conference held at the same place during the reign of Edward. ISiJi. After the parliament and convocation were dismissed, the new laws with regard to religion, though they had been anticipated in most places by the zeal of the catholics, countenanced by government, were still more openly put in execution : the mass was eveiy- w here re-established ; and marriage was declared to be incompatible with any spiritual office. It has been asserted by some writers, that three-fourths of the clergy were at this time deprived of their livings; though other historians, more accurate, have estimated the number of sufferers to be far short of this propor- tion. A visitation w.as appointed, in order to restore more perfectly the m.ass and the .ancient rites. Among other articles, the commissioners were enjoined to for- bid the oath of supremacy to be taken by the clergy on their receiving any benefice. It is to be observed, that this oath had been established by the laws of Henry YIII., which were still in force. QUEEN'S JIARRIAGE WITH PHILIP. This violent and sudden change of religion inspired the protestants with great discontent; and even affected inditferent spectators with concern, by the hardship!? to which so many individuals were on that account ex- posed. But the Spanish match was a point of more 428 THE HISTORY OF ENGLAND. [Chap XXXTI. general concern, and diffused iinivci-sai .ipprclicnsions for the liberty and indei>endence of tlje nation. To obviate all clamour, the articles of marriage were drawn as favonrable as possil)le for the interest and securilv,and even grandeur of Eiigland. It was agreed that though PhiMp should have the title of king, the administration should be entirely in the queen ; that no foreigner should be capable of enjoying any ofHce in the kingdom; that no innovation should be made in the English laws, customs, and privileges ; that Diilip should not carry the queen abroad without her consent, nor any of her children without the consent of the nobility ; that sixty thousand pounds a year should be settled as her jointure ; that the male issueof this mar- riage shoidd iidierit, together with England, both liur- gundy and the Low Countries ; and that if Don Carlos, Philip's son by his former marriage, should die and his line be extinct, the queen's issue, whether male or female, should inherit Spain, Sicily, Milan, and all the other dominions of Philip. Such was the treaty of marriage signed by count Egniont, and three other am- bassadors sent over to England (15th January) by the eni|>eror. These articles, when published, gave no satisfaction to the nation : it was universally said that the emperor, in order to get possession of England, would verbally agree to any terms ; and the greater advantage there ajipcarcd in the conditions which he giauted, the more certainly might it be concluded that lie had no serious intention of observing them : that the usual fraud and ambition of that monarch might assure the nation of such a conduct ; and his son Philip, while he inherited these vices from his father, added to them tyranny, snllenncss, pride, and barbarity, more dangerous vices of his own : that England would become a province, and a province to a kingdom which usually exercised the most violent autlioiity over all her dependent do- minions : that the Nethei'lands, Slil.an, Sicily, Naples, groaned under the burden of Spanish tyranny, and tlirougliont all the new conquests in America there liad been displayed scenes of unrelenting cruelty, liithe.-to unknown in the history of mankind : that the inquisitior. was a tribunal invented by that tyi-annical nation ; and would infallibly, with all their other laws and institutions, be introduced into England ; and that the divided sentiments of the people with regard to religion would subject multitudes to this iniquitous tiibunal, and would reduce the whole nation to the most abjoc-t servitude. These complaints being difl'used evciywliere, pre- pared the people for a rebellion; and had any foreign power given them encouragement, or any gieat iium appeared to head thcni, the consequences might have proved fatal to the queen's authority. l!ut the king of France, though engaged in hostilities with the empei'or, refused to concur in any proposal for an insurrection, lest he should afford Mary a pretence for declaring war against him. And the more prudent part of the no- bility thought that as the evils of the Spanish alliance were only dreaded at a distance, matters were not yet fully prepared for a general revolt. Some persons, however, more turbulent than the rest, believed that it would be safer to prevent than to redress grievances ; and they formed a conspiracy to rise in aims, and de- clare against the queen's marriage with Philip. WYAT'S INSURRECTIOX. Sir Thomas Wyat purposed to raise Kent, sir Peter Caiew, Devonshire ; and they engaged the duke of Suffolk, by the hopes of lecovering the crown for the lady Jane, to attempt raising the midland counties. Carew's impatience or apprehensions engaged him to break the concert, and to rise in arms before the day appointed : he was soon suppressed by the earl of Ced- foid, and constrained to fly into Fiance. On this in- telligence, Suffolk, dreading an arrest, suddenly left the town, with liis brotiiers lord Thomas and lord lyoonard Gr.ay; and endeavoured to raise the people in the counties of Warwick and Leicester, where his interest Lay ; but he was so closely pursued by the earl of Huntingdon, at the head of three hundred hoi-se. that he was obliged to disperse his followers, and being discovered in his concealment, he was carried prisoner to London. Wyat was at first more successful in his attempt; and having published a deckaration at Maid- stone, in Kent, against the queen's evil connselloi-g, and against the Spanish iiiateli, without any mention of religion, the peoide began to flock to his standard. The duke of Norfolk, with sir lleriry Jernegan, was sent .against him, at the head of the guards and some other troo]is, re-enforced with five hundred Londoners, commanded by Bret : and he came within sight of the rebels at Kochester, where they had fixed their head- quarters. Sir George Harper here pretended to desert from them; but having secretly gained I?rel, these two malcontents so wrouglit on the Londoners, that the whole body deserted to Wyat, and declared that they v;ould not contribute to enslave their native country, Norfolk, dreading the contagion of the example, im- mediately retreated with his troops, and took shelter in the city. After tliis proof of the dispositions of Hie people, es- jK'cially of the Londoners, who were mostly jn'oto.?- tants, AVyat was encouraged to proceed : ho led his forces to Southwark, where he required of the queen that she should put the Tower into his hands, should deliver four counsellors as host.ages, and in order to ensure the liberty of the nation, should immediately marry au Englishman. Finding that the bridge w.is secured .against him, and that the city was overawed, he marched up to Kingston, where lie passed the river with four thousand men ; and returning towards Lon- don, hoped to encourage his partisans, who had en- gaged to declare for him. lie had imprudently wasted so mucli time at Southwark, and in his inarch from Kingston, that tlie critical season, on which all popu- lar commotions depend, was entirely lost : though ho entered Westminster without resistance, his followers, finding that no person of note joined him, insensibly fell off, and he was at last seized near Teuiple-bar by sir Maurice BerkeL'y. INSURRECTIONS SUPPRESSED. February 0. Four hundred persons are said to have suffered for this rebellion : four hundred more were conducted before the queen with ropes about their necks ; and falling on their knees received a pardon and were dis- missed. Wyat was condemned and executed : as it had been reported that, on his examination he li.ad ao- ciLscd the lady Elizabeth and the earl of Devonshire as accomplices, he took care on the scaffold, before the whole people, fully to acquit them of having any share in his rebellion. The lady Elizabeth bad been, during some time, treated with great harshness by her sister ; .and many studied instances of discouragement and disrespect had been practised against her. She was ordered to take place at court .after the countess of Lenox and the duchess of Suffolk, as if she were not legitimate : her friends were discountenanced on every occasion : and while her vii'tues, which were now become eminent, drew to her the atteud.ance of all the young nobility, and rendered her the favourite of the nation, the male- volence of the queen still discovered itself every day by fresh symptoms, and obliged the princess to retire into the country. JIary seized the opportunity of this rebellion ; and hoping to involve her sister in some ap- pearance of guilt, sent for her under a strong gu.ard, committed her to the Tower, .and ordered her to be strictly examined by the council. But the public de- claration made by Wyat rendered it impracticable to employ against her any false evidence which might h.ave oflered ; and the princess made so good a de- f, uice that the queen found herself under the neceseitv I^ABY JTAHE ©KEY ©IEC2.IKf][H© TJBtJE C]g.®WH, lORDOn JANES S VtHTUE Chap. XXXVI.] .MARY. l5-'53— 1558. 42& of releasing her. In order to send her out of the king- dom, a marriage was ofFercd her with the dulvc of Savoy ; and when she deeUued tlio proposal, she was committed to custody under a strong guard at Wode- stolce. The earl of Devonshire, though equally inno- cent, was confined in Fotheringay castle. But this rebellion proved still more fatal to the lady Jane Gray, as well as to her husband : the duke of SuiFolk's guilt was imputed to lier ; and tliough tlie rebels and maleontejits seemed chiefly to rest their hopes on tlie lady Klizabetli and the e.arl of Devon- shii'e, the queen, incapable of generosity or clemency, determined to remove every person from whom the le.ast danger could be apprehended. AVaining was given the lady Jane to prepare for di'ath ; a doom which she had long expected, and which the inno- cence of her life, as well as the misfortunes to which she had been exposed, rendered nowise imwelcome to her. The queen's ze.al, under colour of tender mercy to the prisoner's soul, induced her to send divines, who harassed her with perpetual disputation ; and even a reprieve for three days was granted her, in hopes that she would be persuaded during that time to pay, liy a timely conversion, some regard to her eternal welfare. 'J'he lady Jane had presence of mind, in those melan- choly circumstances, not only to defend hor religion by all the topics then in use, but also to write a letter to her sister in the Greek language ; in wliich, besides sending her a copy of the scriptures in that tongue, she exhorted her to maintain, in every fortune, a like steady perseverance. On the day of her execution, (12th February,) her husbaud, lord Guilford, desired permission to see her ; but she refused her consent, and informed him by a message, that the tenderness of their parting woidd overcome the fortitude of both, and would too much unbend their minds from that constancy Avhich their approaching end required of them: their seji.aration, she said, would be only for a moment ; and they woidd soon rejoin each other in a scene where their affections would bo for ever united, antl where death, dis.appointment, and misfortunes, could no longer have access to them, oi' disturb their eternal felicity. EXECUTION OF LADY JANE GRAY. It had been intended to execute the lady Jane and lord Guilford together on the siune scafl'old at Tower- hill; but the council, dreading the compassion of the people for their youth, beauty, innocence, and noble birth, changed their orders, and gave directions that he should be beheadiul witliin the verge of the Tower. She saw hor husband led to execution ; and having given him from the window souu' tolien of her remem- brance, s!ic waited with tranquillity till her own ap- jjointed hour should bring her to a like fate. She even saw his headless body carried back in a cart ; and found herself more confirmed by the reports which she heai'd of the constancy of his end, than shaken by so tender and melancholy a, spectacle. Sir John Gage, const.ible of the Tower, when he led her to execution, desired her to bestow on him some small present, which ho miglit keep as a perpetual memorial of her : she gave him her table-book, on which she had Just written three sentences on seeing her husband's dead body ; one in Greek, another in Latin, a third in Eng- lish. The purjicrt of them was, that human justice was against his body, but divine meiey would be fa- vourable to his soul ; that if her fault deserved punish- ment, her youth at least, and her imprudence were worthy of excuse ; and that God and posteritv, she trusted, would show he( favour. On the scaffold she made a speech to the byst.auders ; in which the mihl- ness of her disposition led her to take the blame wholly on herself, without uttering one com])laint against the severily with which she had been trcited. She said that her offence was not the having Laid her hand upcMi the crown, but the not rejecting it with suSicient cou stancy : that she had less erred through .ambition tliau through reverence to her parents, v.'honi she had bee;v taught to respect and obey : that she willingly received death as the only satisfaction which she could no^r make to the injured state ; and though her infringe- ment of the laws had been constrained, she would show by her voluntary submission to their sentence, that she was desirous to atone for that disobedience into nhich too much filial piety had betrayed her : that she luad justly deserved this punishment for being made the in- strument, though tlie unwilling instrument, of the am- bition of others : and that tlie story of her life, she hoped, might at least be useful, by proving that inno- cence excuses not great misdeeds, if they tend anywise to the destruction of the commonwealth. After utter- ing these words, she caused hei'self to be disrobed by her women ; and with a steady, serene countenance submitted herself to the executioner. The duke of Suffolk was tried, condemned, and exe- cuted soon after ; and would have met with more com- passion, had not his temerity been the cause of his daughter's untimely end. Lord Tliom.as Gray lost his life for the same crime. Sir Nicholas Throgmorton was tried in Guildhall ; but there appeared no satisfac- tory evidence against him, he was .'ihle, by making an admirable defence, to obtain a verdict of the jury in his favour. The queen was so enraged at the disappoint- ment, that, instead of releasing him as the law required, she rc-committcd him to the Tower, and kept him in close confinement during some time. But her resent- ment stopped not here : the jury, being summoned before the council, were all sent to prison, and after- w.ards fined, some of them a thousand pounds, others two thousand a-piece. This violence proved fatal to several ; among otiiers, to sir John Throgmorton, bro- ther to sir Nicholas, who was condemned on no better evidence than had formerly been rejected. The queen filled the Tower and all the prisons with nobility and gentry, whom their interest with the nation, rather than any appearance of guilt, had made the objects of her susjiicion. And finding th.at she was universally hated, she determined to disable the people from re- sistance, by ordering general musters, and directing the commissioners to seize their arras, and lay them up in forts and castles. A PARLIAMENT. April 5. Thotigh the government laboured under so general ■an odium, the queen's authority had received such an increase from the suiipression of AVyat's rebellion, tliat the ministry hoped to find a compliant disposition in the new jjarliament, which was summoned to assemble. The emperor .also, in order to facilitate the same end, had borrowed no less a sum than four luuidred thou- sand crowns, which he had sent over to England to be distributed in bribes and pensions among the members, a pernicious practice, of w hich there had not hitherto been any instance in England. And not to give the public any alarm with regard to the church-lands, the queen, notwithstanding her bigotry, resumed her title of supreme head of the church, which she h.ad dropped three months before. Gardinei', the chancellor, opened the session by a speech, in which he .asserted the queen's hereditary title to the crown ; maintained her right of choosing a husband for herself; ob.served how proper a use she h.ad made of that right, by giving the preference to an old ally, descended from the house of Burgundy ; and remarked the failure of Henry VIIL's posterity, of whom there now remained none but the queen and the lady Elizabeth. He added, that in order to obviate the inconveniences which might arise fioui different ju-etenders, it w.as necessary to invest the queen, by law, with a power of disposing of the crown, ami of appointing her successor — a power, he said, which was not to be thought unprecedented in I'.ngland, since it had formerly been coiiferred 03 Uenry VIII 4-30 THE HISTORY OF ENGLAND. [Chap. XXXVl The parliament was much disposed lo gi-atify tlie queen in all her desires ; but Avhcn the liberty, inde- peiulencv, and very being of the nation were in such i-isiblo danj.'er, they could not by any means be brought to compliance. They knew both the invete- rate hatred which she bore to the lady Elizabeth, and her devoted attachment to the house of Austria : they were acquainted with her extreme bigotry, which would lead her to postpone all considerations of justice or national interest to the establishment of the catholic religion : they remarked that Gardiner had carefully avoided in his speech, the giving to Elizabeth the ap- pellation of the queen's sister ; and they thence con- cluded that a design was formed of excluding her as illegitimate : they expected that Mary, if invested with such a power as she required, would maki> a will in her husband's favour, and thereby render England for ever a province to the Spanish monarchy : and they wei'e the more alarmed with these projects, as the)' heard that Philip's descent from the house of Lancaster w.is carefully insisted on, and that he was publicly rejire- sented as the true and only heir by right of inheritance. The parliament, therefore, aware of tl'.eir danger, were determined to keep at a distance from the preci- jiice which lay before them. They could not avoid ratifying the articles of marriage, \\ liich were drawn very favourable for England ; but they declined the passing of any such law as the chancellor poiuted out to them : they would not so much as declare it treason to imagine or attempt the death of the queen's hus- band, while she was alive ; and a bill introduced for that purpose was laid aside after the first reading. The more effectually to cut off Philip's hopes of pos- sessing any authority in li)ngland, they passed a law in which they declared, "That her majesty, as their only queen, should soleh', and as a sole queen, enjoy the crown and sovercignt) of her realms, with all the pre- eminences, dignities, and rights thereto belonging, in as large and ample a manner after her marriage as be- fore, witlioat any title or claim accruing to the prince of Spain, either .as tenant by courtesy of the realm, or by any other means." A law passed in this parliament for re-erecting the bishopric of Durham, which had been dissolved by the last parliament of Edward. The queen had already, Ijy an exertion of her power, put Tonstal in possession of that see : but though it was usual at that time for the crown to assume authority which might seem en- tirely legislative, it was always deemed more safe and satisfactory to procure the sanction of parliament. Bills were introduced for suppi'cssing heterodox opin- ions contained in books, and for reviving the law of the six articles, together with those against the Lollards, and against heresy and erroneous preaching : but none of these laws could pass the two houses : a proof that the parliament had reserves even in their concessions with regard to religion, about which they seem to have been less scrupulous. The queen, therefore, finding that they woidd not serve all her purposes, finished the session (5th May) by dissolving them. Mary's thouglits were now entirely employed about I'cceiving Don Philip, whose arrival she hourly ex- pected. This princess, who had lived so many years in a very reserved and private manner, without any jjros- pect or hopes of a husband, was so smitten with affec- tion for her young consort, whom she had never seen, that she waited with the utmost impatience for the comph'tion of the marriage ; and every obstacle was to her a source of anxiety and discontent. She com- plained of Philip's del.ays as affected ; and she could not conceal her ve.xation, that though she brought him a kingdom as her dowry, he treated her with such neglect, that he had never yet favoured her with a single letter. Her fondness was but the more in- creased by this supercilious treatuftnt ; and when she foimd that her subjects had entertained the greatest aversion for the event to which she directed her fond- est wishes, she made the whole English nation the object of her resentment. A squadron, under tha command of lord Effingham, had been fitted out to convoy Philip from Spain, where he then resided ; but the admiral informing her that the discontents ran very high among the seamen, and that it was not safe for Philip to entnist himself in their hands, she gave orders to dismiss them. She then dreaded lest the French fleet, being masters of the sea, might intercept her husband ; and every rumour of danger, every blast of wind, threw her into panics and convulsions. Her health, and even her understanding, were visibly hurt by this extreme imjiatience ; and she was stnick with a new ajiprehension lest her peison, impaired by time, and blasted by sickness, should prove disagree- able to her future consort. Her glass discovered to her how haggard she was become ; and when she remarked the decay of her beauty, she knew not whether she ought more to desire or apprehend the arrival of Philip. PHILIP'S ARRIA'AL IN ENGLAND. July 19. At last came the moment so impatiently expected; and news was brought the queen of Philip's arrival at Southampton.* A few days after they were married in Westminster, and having made a pompous entry into London, where Philip displayed his wealth with great ostentation : she carried him to Windsor, the palace in which they afterw.ards resided. The prince's behaviour w.as ill-calculated to remove the prejudices wliich the English n.ation had entertained against him. He w.as distant and reserved in his address; took no notice of the salutes even of the most consideiable noblemen ; and so intrenched himself in form and ceremony, that he was in a manner inaccessible: but this circumstance rendered him the more acceptable to the queen, w ho desired to have no company but her husband's, and who was impatient when she met with any interruption to her fondness. The shortest al> sence gave her vexation ; and when he showed civili- ties to any other woman, she could not conceal her jealousy and resentment. Mary soon found that Philip's ruling passion was ambition ; and that the only method of gratifying him, and securing his affections, was to render him master of England. The interest and liberty of her people were considerations of small moment, in comparison of her obtaining this favourite point. She summoned a new parliament, in hopes of finding them entirely com- pliant; and tliat she might acquire the greater autho- rity over them, she imitated the precedent of the former reign, and wrote circular letters, directing a pioper choice of members. The zeal of the catholics, the in- fluence of Spauish gold, the powers of prerogative, the discouragement of the gentry, particularly of the pro- testants; all these causes, seconding the intrigues of Gardiner, had procured her a house of commor.s (I2tli November) which was in a great measure to her satis- faction ; and it was thought, from the disposition of the nation, that she might now safely omit, on her assem- bling the ])arliament, the title of ''supreme head of the church," though inseparably annexed by law to the crown of England. Cardinal Pole had arrived in Flanders, invested with legantine powers from the pope : in order to prepare the way for his arrival in England, the parliament passed an .act reversing his attainder, and restoring his blood ; and the queen, dis- pensing with the old statute of provisors, granted liini permission to act as legate. The cardinal came over; and after being introduced to the king and queen, he invited the parliament to reconcile themselves and the kingdom to the apostolic see, from which tlioy had been so long and so unhapjiily divided. This message was taken in good part ; and both houses voted an .ad- dress to Philip and Slary, acknowledging that they had been guilty of a most horrible defection from the true • We are told l>y sir Willinm Monson, that the admiral of KjiRland fired at It.e Spanish iia\y, uluii I'liiliiJ was on hoard, hecause tliey had noi lu»nr'- a vcr^' spirited lutiiitionr, and itiy unlike those times. Chap. XXXVI.] MARY 1563—1558 4;j, church ; professinj;; .a siiicorc repontaiice of thiMr p.nst transgressions ; dei'laring thoir resohition to repeal all hiws enacted in prejudice of the church of Rome; and praying their majesties, that since tliey v.ere htippily uninfected witli that criminal scliism, they would inter- cede with the holy father for the absolution and for- giveness of their penitent sulijects. The request was easily granted. The legate, in tlie n.anio of his holi- ness, gave the parliament and kingdom absolution, freed them from all censures, and received them again into the bosom cf the church. The pope, then .Julius HI., being informed of these trans.ictions, said, that it was an unexampled instance of his felicity to receive thanks from the F.nglish for allowing them to do what he ought to give them thanks for performing. Notwithstanding the extreme zeal of those times for and against popery, the object always uppermost with the nobility and gentry was their money and estates : they were not brought to make tliese concessions in favour of Home, till they had received repeated assur- ances, from the pope as well as the queen, that the plunder which they had made on the eceles.astics should never be inquired into; and that the abbey and church-lauds should remain with the jiresent posses- sors. But not trusting altogether to these promises, the parliament took care in the law itself, by which they repealed the former statutes enacted against tlie pope's authority, to insert a clause, in wliich, besides bestowing validity on all marriages celebrated during the schism, and fixing the right of incum!)ents to their benefices, they gave security to the possessors of church-lands, and freed them from all danger of eccle- siastical censures. The convocation also, in order to I'emove apprehensions on that head, were induced to present a petition to the same purpose; and the le- gate, in his master's name, ratified all tliese transac- tions. It now .appeared that, notwithstanding the efforts of the queen and king, the power of the papacy was effectually suppressed in Kngland, and invincible barriers fi.\ed against its re-establishment. For though the jurisdiction of the ecclesiastics was for the present restored, their property, on which their power much depended, was irretrievably lost, and no hopes remained of recovering it. Even these arbitrary, powerful, and bigoted princes, while the trans,ictions were yet re- cent, could not regain to the church her possessious so lately ravished from her; and no expedients were left to the clergy for enriching themselves, but those which tliey had at first practised, and which had required in.auy ages of ignorance, barbarism, and superstition, to produce their effect on mankind. [See note 5 II, al the end of this To/.] Tlie ]>arliainent having secured their own posses- sions, were more indifferent with regard to religion, or even to the lives of their fellow-citizens : they revived the old sanguinary laws against heretics, which had been rejected in the former p.arlhament : they also en.acted several statutes against seditious words and rnuioui's; and they made it treason to im.igine or at- tempt the death of Philip during his m.irri.age with the qnecn. Each parliament hitherto had been induced to go a step further than their predecessors ; hut none of them had entirely lost all regard to national interests. Their hatred against the S]>aniards, .as well .as their suspicion of Philip's pretensions, still prevailed ; and though the queen attempted to get her husband de- clared presumptive heir of the crown, and to have the administration put into his hands, she failed in all her endeavours, and could not so much as procure ihe par- liament's consent to his coronation. All attempts like- wise to obtain subsidies from the commons, in order to support the emperor in his war against France, proved fruitless; the usual animosity and jealousy of the English against that kingdom seemed to hiive given place for the present to like passions .against Spain. Philip, sensible of the prepossessions entertained against him, endeavoured to .acquire popularity by procuring the release of several prisoners of distinc- tion ; lord Henry Itudley, sir George Harper, sii- Nicholas Thogmorton, sir Edmond Warner, sir Wil- liam St. Lo, sir NichoLas Arnold, Harrington, Tre- maine, who had been confined from the suspicions oi resentment of the court. But nothing was more agreeable to the nation than his protecting the lady Eli zabeth from the spite and malice of the queen, and restoring her to liberty. This measure was not the effect of any generosity in Philip, a sentiment of which he wiis wholly destitute ; but of a refined policy, which made liim foresee, that if that princess were put to death, the next lawful heir was the queen of Scots, whose succession would for ever annex England to the crown of France. The earl of Devonshire also I'eaped some benefit from Philip's affectation of popularity, and recovered his liberty : but that nobleman, finding himself exposed to suspicion, begged permission to travel ; and he soon after died at Padua, from poison, as is pretended, given him by the Imperialists. He w.as the eleventh and last earl of Devonshire of that noble family, one of the most illustrious in Europe. The queen's extreme desire of having issue, had made her fondly give credit to any appearance of preg- nancy; and when the legate was introduced to her, she fancied that she felt the embryo stir in her womb. Her flatterers compared this motion of the infant tj that of John the Baptist, who leaped in his nioth-ir's belly at the salutation of the Virgin. Dispatches were immediately sent to inform foreign courts of this event: orders were issued to give public thanks: great rejoicings were made: the family of the young prince was already settled ; for the catholics held tliemselves assured th.at the child was to be a male : and Bonner, bishop of London, made public prayers be said, that heaven would please to render him beautiful, vigorous, and witty. But t he Ejuion still remained some- what incredulous; and men were persuaded that the queen laboured under infirmities which rendered her inc.ipable of h.aving children. Her infant proved only the commencement of a dropsy, which the disordered state of her health brought upon her. The belief, however, of her pregnancy was upheld with all possible care; and was one artifice by which Philip endea- voured to support his authority in the kingdom.... 1555. The parliament passed a law, which, in case of the queen's demise, appointed him protector during the minority; and the kmg and queen, finding they could obtain no further concessions, came unexpectedly to AVestminster (IGth .January) and dissolved them. There happened an incident this session, which must not be passed over in silence. Several meinbeis of the lower house, dissatisfied with the measures of the par- liament, but finding themselves unable to prevent them, made a secession in order to show their dis.ippiohation, and lefused any longer to attend the house. For this instance of contumacy they were indicted iu the king's bench after the dissolution of parliament : six of them submitted to the mercy of the court, and paid their fines, the rest tr.aversed ; .and the queen died be- fore the .affair was brought to an issue. Judging of the matter by the subsequent claims of the house of com- mons, and, indeed, by the true principles of free government, this attempt of the queen's ministers must he regarded .as a breach of privilege ; but it gave little umbrage at the time, and was never called in question by any bouse of commons which afterwards sat during this reign. The count of Noaillcs, the French ambassador, says, that the queen threw several members into prison for their freedom of speech. CHAPTER XXXVII. Uca«oits for and against Tolcratiin r«rscciiUons A ParJJimcnt The Queen's Extnrtion The Emperor resijcns his Crown Fxrcutlon of (■ranmer War wirh France Battle of St. Quititin Calais taken bv the French Atfrtin of ScotlnnJ Marriaxo .'f the L'aupliir ti.rA rhc Queen cf Scvt« A Parliament Death of the Queeu. 432 THE HISTORY OF ENGLAND. [Chap. XXXVII. THE siircpss -wliicli Gardiner, from his cautious and prudfut conduct, liad met witli in goviniing tlie parliament, and cnga;,'ing them to concur both in the Spanish match, and in tlie re-establishment of the an- cient lelifjion, two points to which it was beUeved they bore An extreme aversion, had so raised his character for wisdom and policy, that his opinion was received as nn oracle in the council; and his autliority, as it was alwa\s <^reat in his own party, no lonjjer snftered any opposition or control. Cardinal Pole himself, tlionijh more beloved on account of his virtue and candour, and thouyli superior in birth and station, had not equal weight in public deliberations; and while his learning, piety, and humanity Avere extremely respected, he was represented more as a good man than a great minister. A very important question was frequently debated be- fore the queen and council by these two ecclesiastics ; whether the laws lately revived against heretics should be ]nit in execution, or should only be employed to re- strain by terror tlio bold attempts of these zealots? Pole was very sir.eere in his religious principles ; and though Ids moderation had made him be suspected at Rome of a tendency towards Lutheranism lie was seri- ously persuaded of the catholic doctrines, and thouglit that no consideration of human policy ought ever to come in competition witli such important interests. Gardiner, on the contrary, had always made his religion subservient to his schemes of safety or advancenu'nt; and by his unlimited com])laisanco to Henry, he had shown that had he not been pushed to extremity under the late minority, he was sufficiently disposed to make a sacrifice of his principles to thn established theology. Tills was the well-knoun character of these two great counsellors; yet such is the prevalence of temper above system, that the benevolent disposition of Pole led him to advise a tolcralion of the heretical tenets which he highly blamed ; while the severe manners of Gardiner inclined him to support by jiersecution that religion which at the bottom he regarded with great inditferenee. Tins circumstance of public conduct was of the highest importance ; and from being the object of deliberation in the council, it soon became the sub- ject of discourse throughout the nation. We shall re- late, in a few words, the topics by which each side sup- ported, or might liavo supported their scheme, of l)olicy ; and shall display the opposite reasons, which have been employed with legard to an argument that ever has been and ever will be so much canvassed. REASONS FOR AND AGAINST TOLERATION. The practice of persecution, said the defenders of Pole's opinion, is the scandal of all religion ; and the tlicologieal animosity so fierce and violent, far from being an argument of men's conviction in their oppo- site sects, is a certain proof that they have never reached any serious persuasion with regard to these I'e- mote and sublime subjects. Even those wlio are the most impatient of contradiction in other controversies, are mild and moderate in comparison of polemical di- vines ; and wherever a num's knowledge and expe- rience give him a perfect assurance in Ins own opinion, he regards with contempt, rather than anger, the op- position and mistakes of others. But while men zea- lously maintain what they neither clearly comprehend nor entirely believe, they are shaken in their innigined faith by the opposite persuasion, or even doubts of other men ; and vent on their antagonists that impa- tience which is the natural result of so disagreeable a state of tlie understanding. Tliey then easily enibraee any pretence for representing opponents as impious and profane ; and if they can also find a colour for con- necting this violence with the interests of civil govern- ment, they can no longer be restiained from giving uncontrolled scope to vengeance and resentment. But surely never enterprise was more unfortunate than that of founding persecution upon policy, or endea- vouring, for the sake of peace, to settle an entire \mi- formity of opinion in questions which of all others are lea.^:t subjected to the criterion of himian reason. The universal and uncontradicted prevalence of oneo|iinion in religious subjects can be owing at first to the stujiid ignorance alone and baibarism of the peoijle, who never indulge themselves in any speculation or inquiry ; and there is no expedient for maintaining that uniformily, so fondly sought after, but by banishing for ever all curiosity and all improvement in science and eultiv.i- tion. It m.ay not, indeed, appear difficult to check, by a steady severity, the first beginnings of controversy; but besides that this policy exposes for ever the people to all the abject terrors of superstition, and the nuigis- trate to the endless encroachments of ecclesiastics, it also renders men so delicate thai they can never endure to hear of opposition ; and they will some tinn: pay dearly for tliat false tranquillity in which they havo been so long indulged. As healthful bodies are ruined by too nice a regimen, and are thereby rciub-red inca- l)able of bearing the unavoidable incidents of human life; a peojjle who never were allowed to imagine that their principles could be contested, fly out into the most outrageous violence when any event (and such events are common) produces a faction among their clergy, and gives rise to any difference in tenet or opinion. But whatever may be said in favour of suppressing, by persecution, the first beginnings of heresy, no solid argument can be alleged for extending severity towards multitudes, or endeavouring, by capital pmiishments, to extirpate an opinion which has diiFused itself among men of every rank and station. Besides the extreme barbarity of such an attemjjt, it commonly proves in- effectual to the purpose intended : and serves only to make men more obstinate in their persuasion, and to increase the number of their jiroselytes. The melan- choly with which the fear of death, torture, and perse- cution inspires the sectaries, is the proper disposition for fostering i-eligions zeal : the prospect of eternal rewards, when brought near, overpowers the dread of temporal punishments; the glory of martyrdom stimu- lates all the more furious zealots, especially the leaders and preachers : where a violent animosity is e.xcited by oppression, men naturally pass from hating the persons of their tyrants, to a more violent abhorrence of their doctrines: and the spectators, moved with jiity to- wards the supposed martyrs, are easily seduced to em- brace those principles which can insjiire men with a constancy that appears .almost supernatural. Open the door to toleration, mutual hatred relaxes among the sectaries; their attachment to their particular modes of religion decaj-s; the common occuiiations and plea- sures of life .succeed to the acrimony of disputation ; and the same man who in other circumstances would have braved flames and tortures, is induced to change his sect from the smallest prospect of fa\our and ad- vancement, or even from the frivolous hope of beccnu- ing more fashionable in his principles. If any excep- tion can be admitted to tliis maxim of toleration, it will only be where a theology altogether new, nowise conucctfd with the ancient religion of the state, is im- ported from foreign countries, and may easily at ono blow be (radicated without leaving the seeds of future innovation. But as this exception would imply some apology for the ancient pagan jiersceutions, or for the extirpation of Christianity in China and .lapan; it ought surely, on account of this detested conse- quence, to be rather buried in eternal silence and oblivion. Though these.irguments appear entirely satisfactory, yet such is the subtilty ofhunuin wit, that Gardinerand the other enemies to toleration were not reduced to silence ; and they still found topics on which to maintain the controversy. The doctrine, said they, of liberty of conscience, is founded on the most flagrant iinjiiety, and supposes such an indifference among all religions, such an obscurity in theological doctrines, as to render the chuich and nnigistrato incapable of distinguishin^j Chap. XXXVII.' JMARY, 1553—1558. i.'iri snth certainty the dictates of Heaven from the mere fictions of liuuian inia^'ination. If tlie Divinity revea's principles to mankind, he will surely give a. criterion by wliicii tliey may be ascertained ; and a jirincc, who kno«inj;ly allows these priucijiles to be perverted or adulterated, is infinitely more criminal than if ho gave pel-mission for the vending of poison nnder the shai)e of food to all his subjects. I'ersecution may, indeed, seem better calculated to make hypocrites than con- verts; but experience teaches us, that the habits of hypocrisy often turn into reality ; and the children, at least, ignorant of tlie dissimulation of tlieir parents, m.ay hajipily be educated in more orthodox tenets. It is absurd, in opposition to considerations of such un- speakable importance, to plead the temporal and fri- volous interests of civil society; and if matters be thoroughly examined, even that topic will not appear so uni\ ersally ci-rtain in f ivour of toleration as by some it is represented. Where sects ari.se, wliose funda- mental i)rincij)lc on all sides is to execrate, and abhor, and damn, and c.\lirpatc each other, w hat choice has the magistrate left but to take Jiart, and by rendering one sect entirely previJent, restore, at least for a time, the public trantpiillity ! The political body being here sickly, must not be treated as if it were in a state of sound health ; and an eli'ectual neutrality in the prince, or even a cool preference, may serve only to encourage the hopes of .all the tects, and keep alive their animo- sity. The protestants, far from tolerating the religion cf their an<-estors, regarded it as an inipioiw and de- testable idolatry ; and during the late minority, when thiy WL-re entirely masters, tljoy enacted very severe though not capital punishments against all e.xerciso of the catholic worshiji, and even against such as barelyab- stained from their profane rites and sacraments. Nor are instances wanting of their endeavours to secure an imagined orthodoxy by the most rigorous executions : Calvin has burned Ser\'etus at Geneva: Cranmer brought Arians and Anabaptists to the stake : and if perseciilion of any kind be admitted, tlie most bloody and viideut will surely bo allowed the most justifiable, as the most effectual. Imprisonments, fines, eonfisca- tion.s, whippings, serve ouly to irntate the sects, witli- out disabling them from resistance : but the stake, the wheel, and the gibbet, must soon terminate in the ex- tirpation or banishment of all the heretics inclined to give disturbance, and in the entire silence and submis- sion of the rest. The arguments of (iardiner, being more agreeable to the cruel bigotry of JIary and Philip, were better re- ceived; and though Pole pleaded, as is aflirmed,* the advice of the emjieror, who recommended it to his daughter-in-law not to exercise violence against the protestants, and desired her to consider his own ex- ample, who, after endeavouring through his whole life to extirpate heresy, had in tlie end reaped nothing but confusion and disaiijiointuient, the scheme of toleration ■was entirely rejected. It was detejmincd to let loose the laws in their full vigour against the reformed reli- gion ; and England was soon filled with scenes of horror, wliich have ever since rendered the catholic religion the object of general detestation, and which Jjrove, that no human depravity can equal reveuge and cruelty covered with the mantle of rehgiou. VIOLE.\T PERSECUTIONS IN ENGLAND. The ]ierserntors began with Rogers, prebendary of St. Paul's, a man eminent in hisparty for virtue as well as for learning. Gardiner's ])lan was first to attack men of that character whom he hoped terror would bend to submission, and whose example, either of p'lnishment or recantation, would naturally have in- fluence on the multitude: but he found a jierseverance and courage in Rogers, which it may seem strange to find in human nature, and of which all ages and all It i! noE Ukeljr, lion-c\-pr, that Charles • riumet, vnl. iL Ileylin, n. 47 pave any siirh .-.dvirf : for he ni'ii*elf u-aa at thu verv time tipooi-eainc ^ritli g.-cat 1 iolcnccin pcr&ccunng the reformed in Flanderr, UcntUt^tio, parti. lib.L Vol. I. sects do nevertheless furnish many examples. Rogers beside the care of his own preservation, lay under other powerful temptations to coinpUance: he had a wife whom he tenderly loved, and ten children ; yet such was his serenity after his condemnation, that the jailors, it is said, waked him from a sound sleep when tlie hour of his execution approaclud. He had desired to see his wife before he dieil ; but Gardiner told him, that he was a priest, and could not possibly have a wife; thus join- ing insult to cruelty. Rogers was burnt in Smithfield. Hooper, bishop of Gloucester, had been tried at the same time with Rogers; but was sent to his own diocese to be executed. This circumstance was con- trived to strike the greater terror into his flock ; but it was a source of consolation to Hooper, who rejoiced iu giving testimony by his death to that doctrine which he had formerly jneached among them. When he was tied to the stake, a stool was set before him, and the queen's pardon laid upon it, which it was stiU in his power to merit by a recantation : but he ordered it to be removed ; and cheerfully prepared himself for th.it dreadful punishment to wliich he was sentenced. He suffered it iu its full severity: the wind, which was violent, blew the flame of the reeds from his body : the faggots were green, and did not kindle easily : all his lower i)arts were consumed before his vitals were attacked : one of his hands dropjied off: with the other he continued to beat his bre.ast : he was heard to pray, and to exhort the people; till his tongue, swoln with the violence of his agony, could no longer i)ermit him utterance. He was three quarters of an hour in tor- ture, which he bore with inflexible constancy. Sanders was burned at Coventry : a pardon was also offered him ; but he rejected it, and embraced the stake, saying, "Welcome the cross of Christ ! welcome ever- lasting hfef' Taylor, parson of Hadley, was punished by fire iu that place, surrounded by his ancient f:-ieuds and parishioners. When tied to the stake, he re- hearsed a psalm in English: one of his guards struck him in the mouth, and b.ade him speak Latin : another, in a rage, gave him a blow on the head with his halbert, which happily put an end to his torments. There was one Piiilpot, archdeacon of Winchester, iuflamed with such zeal for orthodoxy, that having been engaged in dispute witli an Arian, he spit iu his adver- sary's face to show the great detestation which he had entertained against that heresy. He afterwards wrote a treatise to justify this unmannerly expression of zeal; ho said, that he was led to it in order to relieve the sorrow conceived from such horiid blasjihemy, and to signify how unworthy such a miscreant was of being admitted into the society of any Christian. Philpot was a protestant ; and falling now into the hands of people as zealous as himself, but more jjowerful, he was condemned to the flames, and suffered at Smith- field. It seems to be almost a general rule, that in all religions, except the true, no man will suffer mart vr- dom who would not also inflict it willingly on all that differ from hun. The s.une zeal for speculative opi- nions is the cause of both. The crime for which almost all the protestants were condemned was, their refusal to aclcnowledge the i-cal presence, Gardiner, who had vauily expected that a few examples would strike a terror into the reformers, finding the work daily nndtiply upou him, devolved the invidious office on others, chiefly on Bonner, a man of profligate mannei-s, and of a brutal chanieter, who seemed to rejoice in the torments of the unhappy suf- ferers. He sometimes whipped the prisoners with his own hands, till he was tired with the violence of the exercise: he tore out the beard of a weaver who re- fused to relinquish his religion; and that he mi^-ht give him a specimen of burning, he held his hand to the candle till the sinews and veins siiiuulc and burst. It is needless to be particular in enumerating all the cruelties practised iu England during the course of three years that these persecutions lasted : the savau-g I barbarity on the one baud, and the patient coustaucy 3 K 434 THE HISTORY OF ENGLAND. Chap. XXXVII. on llie other, are so similar in all those martyr Jems that the iiaiTative, little agreeable in itself, would never be relieved by any vaiicty. Iliniiau nature appears iiot, on ajy occasion, so detestable, and at the same time so absurd, as in those religious persecutions, which sink men below infernal spirits in wickedness, and below the boasts in folly. A few instances only may bo worth preserving, in order, if possible, to warn zealous bigots for ever to avoid such odious and such fruitless barb.arity. Ferrar, bishop of St. David's, was burned in his own diocese; and his appeal to cardinal Pole was not at- tended to. Ridley, bishop of London, and Latimer, formerly bishop of Worcester, two prelates celebrated for learning and virtue, perished togetlier in the same tiamcs at Oxford, and supported each other's constancy by their mutual exhortations. Latimer, when tied to the stake, called to his companion, " Be of good cheer, brother ; we shall this day kindle such a torch in Kng- laud, as, I trust in God, sliall never be extinguished." The execuiioneiE had been so merciful (for that cle- mency may more naturally be ascribed to them than to the religious zealots) as to tie bags of gunpowder about these prelates, in order to put a speedy period to tlieir tortures : the explosion immediately killed Latimer, who was in extreme old age; Ridley conti- nued alive during some time in the midst of the flames. One Hunter, a young man of nineteen, an .apprentice, having been seduced by a priest into a dispute, had unwarily denied the real presence. Sensible of his danger, he immediately absconded ; but Bonner laying hold of his father, threatened him with the gre.atest severities if he did not produce the young man to stand his trial. Hunter, hearing of the vexations to which his father was exposed, voluntarily surrendered himself to Bonner, and was condemned to the flames by that bar- barous prelate. Thomes Haukes, when conducted to the st.ake, agreed with his friends, that if he found the torture tolerable, he would make them a signal to that purpose in the midst of the flames. His zeal for the cause in which he suffered so supported him that he stretched out his arms, the signal agreed on ; and in that posture he expired. This example, with many others of like constancy, encouraged multitudes not only to suffer, but even to court and aspire to martyrdom. The tender sex itself, as they have commonly greater propensity to religion, produced many examples of the most inflexible courage in supporting the profession of it against all the fury of the persecutors. One execu- tion in p,articular was attended with circumstances, which, even at that time, excited astonishment by rea- son of their unusual barbarity. A woman in Guern- sey, being near the time of her labour when brought to the stake, was thrown into such agitation by the tor- ture that her belly burst, and she w.as delivered in the midst of the flames. One of the guards immediately snatched the infant from tlie fire, and attempted to save it : but a magistrate, who stood by, oidered it to be thrown back, being determined, he said, that nothing should survive which sprang from so obstinate and heretical a parent. The persons condemned to these punishments were not convicted of teaching, or dogmatising, contrary to the established religion : they were seized merely on suspicion ; and articles being offered them to sub- scribe, they were immediately upon their refusal con- demned to the flames. These inst.ances of barbarity, so unusual in the nation, excited horror ; the constancy of the martyrs was the object of admiration: and as men have a principle of equity engraven in their minds, which even false religion is not able totally to obliterate, they were shocked to see persons of probity, of honour, of pious dispositions, exposed to punish- ments more severe than were inflicted on the greatest ruflians for crimes subversive of civil society. To ex- terminate the whole protestant party was kuown to bo impossible; and nothing could appear more iniquitous, than to subject to torture the most conscientious and courageous among them, and allow the cowards and hypocrites to escape. Each martyrdom, therefore, was equivalent to a hundred sermons against popery ; and men either avoided such horrid spectacles, or returned from them full of a violent, though secret, indignation against the persecutors. Repeated orders were sent from the council to quicken the diligence of the magis- trates in searching out heretics; and in some jilaces the gentry were constrained to countenance by their presence those barbarous executions. These acts of violence tended only to render the Spanish govern- ment daily more odious ; and Philip, sensible of the hatred which he incurred, endeavoured to remove the reproach from himself by a very gross artifice : he ordered his confessor to deliver m his presence a ser- mon in favour of toleration ; a doctrine somewhat ex- traordinary in the mouth of a Spanish friar. But the court finding that Bonner, however shameless and savage, would not bear alone the whole infamy, soon threw oft" the mask; .and the unrelenting temper of the queen, as well as of the king, appealed without con- trol. A bold step was even taken towards introduc- ing the inquisition into England. As the bishops' courts, though extremely arbitrary, and not confined by any ordinary forms of law, appeared not to be in- vested Avilli sufficient power, a commission was ap- pointed, by authority of the queen's prerogative, more effectually to extirpate heresy. Twenty-one persons were named; but any three were armed with the powers of the whole. The commission runs in these terms: "That since many false rumours were pub- lished among the subjects, and many heretical opinions were also spread among thein, the commissioners were to inquire into those, either by presentments, by wit- nesses, or any other political way they could devise, and to search after all heresies ; the bringers in, the sellers, the readers of all heretical books : they were to examine and punish all misbehaviours or negligeneies in any church or chapel ; and to try all priests that did not preach the sacrament of the altar ; all per- sons that did not hear mass, or come to their parish church to service, that would not go in procession, or did not take holy bread or holy water: and if they found any that did obstinately persist in such heresies, they were to put them into the hands of their ordina- ries, to be punished according to the spiritual laws : giving the commissioners full power to proceed as their discretions and consciences should direct them, and to use all such means as they would invent for the search- ing of the premises ; empowering them also to call before them such witnesses as they pleased, and to force them to make oath of such things as might dis- cover what they sought after." Some civil powers were also given the commissioners to punish vagabonds and quarrelsome persons. To bring the methods of proceeding in England still nearer to the pr.actice of the inquisition, letters were written to lord North, and others, enjoining them, " To put to the torture such obstinate persons as would not confess, and there to order them at their discre- tion." Secret spies also and informers were enijiloyed, according to the practice of tliat iniquitous tribunal- Instructions were given to the justices of peace, " Ti.at they should call secretly before them one or two honest persons within their limits, or more at their discretion, and command them by oath, or otherwise, that they shall secretly learn and search out such j)ersons iis shall evil-behave themselves in church, or iiily, or shall de- spise openly by words, the king's or queen's proceed- ings, or go about to malce any commotion, or toll any seditious tales or news. And also that the same per- sons so to be appointed shall declare to the same jus- tices of peace the ill behaviour of lewd, disordered })er- sons, whether it shall be for using unlawful games, and such other light behaviour of such suspected persons ■ and that the same information shall be given secretly CiiAP XXXVII.] MARY, 1553— I55S. 435 to the justicos ; and the same justices shall call such accused pprsous before theui, and examine them, with- out declaring hy whom tliey were accused. And tiiat the same justices sliall, upon their examination, punish the otTenders accordin"; as their offences sliall a|ipear, upon the accuseuicnt and I'.xamiiKition, hy tlieir dis- cretion, eitlier by open ponisliment or hy jj;ood ahear- inj;." In some respects this tyrannical edict even ex- ceeded the oppression of the inquisition ; by introduc- ing into every p.irt of fjovernnient the same inicjui- lies which that tribunal practices for the extirpation of heresy only, and whidi are in some measure neces- sary wlierever tliat end is earnestly pursued. But the court had devised a more expeditious and summary method of supi)orting ortliodoxy than even the inquisition itself. They issued a proclamation against books of heresy, treason, and sedition ; and declared, "That whosoever had any of these hooks, a,nd did not presently burn them, witliout reading them, or showing them to any other [lerson, should he usteemed rebels; and witliout any fuithcr delay be executed by martial law." From the state of the Kng- lisli government during that jieiiod, it is not so much the illegality of these proceedings, as their violence and their pernicious tendency, which ought to be the object of our censure. We have thrown together almost all the proceedings against heretics, though carried on during a course of three years, that we may be obliged, as little as possi- ble, to return to such shocking violences and barbari- ties. It is computed, that in that time two hundied and seventy -seven persons were brought to the stake; besides those who were punished by imprisonment, fines, and confiscations. Among those who suffered by fire were five bisliops, twenty-one clergymen, eight lay gentlemen, eighty-four tradesmen, one hundred luis- handmen, servants, and labourers, fifty-five women, and four children. 'J'his persevering cruelty appears asto- nishing; yet is it much inierior to i^hat has been prac- tised in other countries. A great author computes, that in the Netherlands alone, from the time that the edict of Charles \. promulgated against tlie rcformer.s, theie had been fifty thousand persons hanged, behead- ed, buried alive, or burnt, on account of religion ; and that in France the number had also been considerable. Yet in both countries, as the same author subjoins, the progress of the new opinions, instead of being checked, was rather forwarded by these persecutions. The burning of heretics was a very natural meth'ul of reconciling the kingdom to the Eomish communion, and little solicitation was requisite to en;,^age the pope to receive the strayed iloclc, from which he reajied such considerable profit : yet was ther.: a solemn em- bassy sent to Rome, consisting of sir Anthony Brown, created viscount Montacute, the bishop of Ely, and sii' Kdward Carne ; in order to carry the submissions of Knghind, and beg to be re-admitted into the bosom of the catholic church. Paul IV., after a short interval, now filled the papal chair; the most haughty ponliff that during several ages had been elevated to that dig- nity, lie was offended that Mary still retained among her titles that of queen of Ireland ; and he aiKrnucI, that it belonged to him alone, .is he saw cause, cither to erect new kingdoms, or abolish the old : but, to avoid all disjiute with the new converts, he thought proper to erect Ireland into a kingdom, and he then admitted the title, as if it had been assumed from his concession. This was a usual artifice of tlie jiopcs, to give allowance to what they could not luevent, and afterwards jiretcnd that princes, while they exercised their own powers, wcie only acting by authority from the jiapacy. And though PauJ had at first intended to oblige Mary formally to recede from this title before he would bestow it upon her, he found it pni- ilent to proceed in a less haughty manner. Another point in discussion between the pope and the English ambassadors was not so easily terminated. Paul insisted, that the property and possessions of the I church should be restored to the uttermost farthing: ' that whatever belonged to God could never by any law Ue converted t- ^lrofane uses, and every person who detained sucK iiossessions was in a state of eternal damnation: that he would willingly, in consideration of the humble submissions of tlie Engli.sh, make them a present of these ecclesiastical revenues; but such a concession exceeded his power, and the ]ieople might be certain so great a profanation of holy things would be a perpetual anathema upon them, and would blast all their future felicity : that if they would truly sliow their filial jiiety, they must restore all the privileges and emoluments of the Romish church, and I'eter's pence amongst the rest ; nor could they expect that this apostle would oju-n to them the gates of paradise, while they ('"tained from him his patrimony on earth. 'I'liese earnest remonstrances being transmitted to England, tliough they had little influence on the nation, o|ierated powerfully on the queen ; who was determined, in order to ease her ciin.scieuce, to restore all the church lands which were still in the jjosses^iuu of the crown : and, the more to display her zeal, she erected anew some convents and monasteries, not- withstanding the low condition of the exchequer. When this measure was debated in council, some members objected, that if such a considerable part of the revenue were dismembered, the dignity of the crown would fall to decay ; but the queen replied, that she preferred the salvation of her soul to ten such kingdoms as England. These imprudent mea- sures would not probably have taken place so easily, had it not been fur the death of Gardiner, which hap- pened about this time : the great sial was given to Ueatlie, archbishop of York, that an ecclesiastic niignt still be possessed of that high office, and be better ena- bled by his authority to forward the persecutions .ogainst the reformed. A PARLIAMENT, Ocloier 21. These persecutions were now become extremelj odious to the nation ; and the effects of the public dis- content appeared in the new parliament summoned to meet at Westminster. A bill was passed, restoring to the church the tenths and first-fiuits, and all the im- propriations which remained in the hands of the crown ; but though this matter directly concerned none but the qu-jen herself, great opposition was made to the bill in the house of commons. An application being made for a subsidy during two veal's, and for two fif- teenths, the latter was refused by the commons; and many lueiiibers said, that while the cro«n was thus despoiling itself of its revenue, it was in vain to bestow riches upon it. The parliament rejected a bill for obliging the exiles to return under certain penalties, and another for incapacitating such as were remiss in the persecution of heresy Iroiii being justices of peace. On the Bth of December, the queen finding the intract- able humour of the commons, thought proper to dis- solve tlie parliament. Thesjiiiitof o|ipositioii which began to prevail in parliament was the more likely to be vexatious to Mary, as she was otherwise in very bad humour on account of her husband's absence, who, tired of her importunate love and jealousv, and finding his autho- rity extremely limited in England, had laid hold of the first ojiportunity to leave her, and had gone over hist summer to the emperor in Fhmders. The iiidiffcii>nee and neglect of Philip, added to the disappointment in her imagined pregnancy, threw her into deep melan- choly ; and she gave vent to her spleen, by daily en- forcing the persecutions .ig.ainst t!ie pri testants, and even by expressions of rage against all her subjects; by whom she knew lierself to be hated, and whose opposition, in refusing an entire compliance with Philip, was the cause, .she believed, why he had alienated his affections from her, aaid .afforded her so little of his company. The less rel-aru her love " rf- with, tuo 436 THE HISTORY OF ENGLAND. [CiiAP. XXXYII more it increased and slic ));xssod most of her time m solitude, where she gave vent to her passion, cither in tears, or in writing fond epistles to Piiihp, who seldom returned her any answer, and scarcely deigned to pretend any sentiment of love or even of gratitude towards her. TUE QUEEN'S EXTORTIONS. The chief port of novernnient to which slio attended was the extorling of money from her people, in order to satisfy his demands; and as the parliament had f^rantedherl-jt a scanty supply, sh^ had recourse to CNpedients very violent and irregular. She levied a loan (if sixty thousand pounds upon a thousand persons, of whose compliance, either on a^jocnnt of their riches or their aii'ections to her, she held herself best as- sured ; but that sum not sufiiciug, she exacted a ge- neral loan on every one who possessed twenty pounds a year. This imposition lay heavy on the gentry, who were obliged many of them to retrench their expenses, and dismiss their servants, in order to enable them to comply with her demands : and as these servants, accustomed to idleness, aud having no means of sub- sistence, commonly belook themselves to theft and robbery, the queen published a proclamation, by which she obliged their former masters to take them back to their service. She levied sixty tliousand marks on seven thousand yeomen, who had not con- tributed to the former loan, and she exacted thirty- s'.x thousand pounds more from the merchants. In order to engage some Ijondoners to comply more wil- lingly with" her multiplied extortions, she passed an cdid, prohibituig for four months the exporting of any En-lish cloth or kersey to the Netherlands ; an expedient which procured a good market for such as had already sent any quantity of cloth thither. Her rapaciousness engaged her to give endless disturbance and interruption to commerce. The English company settled in Antwerp having retV.sed her a loan of forty thousr.nd pounds, she dissembled her resentment till she found that tl ey had bought and shipped great quantities of cloth for Antwerp fair, which was ap- proaching : she then laid an embargo on the ships, and obliged the merchants to grant her a loan of the forty thousand pounds at first demanded, to engage for the payment of twenty thousand pounds more at a limited time, and to submit to an arbitrary imposition of twenty' shillings on each piece Sorao time alter she was Informed that the Italian mercnants shipped above forty thousand pieces of cloth for Levant, for which they were to pay her a piece, the usual imposition : she struck a bargain with the inerchant-advcnturers in Loudon; prohibited the foreigners from making any exportation ; and received from the English merchants, in consideration of this iniquity, the sum of fifty thousand pounds, aud an im- position of four crowns on each piece of doth which they should export. She attempted to borrow great sinus abroad; but nor credit was so low, that though she otfered fourtc<"r per cent, to the city of Antwerp for a loan of thirty thousand pounds, she could not obtain it till she compelled the city of London to be surety for her. All these violent expedients were employed while she herself was in profound peace with all the world, aud had visibly no occasion for money but to supply the demands of a husband who gave attention only to his own couvcnieuce, and showed himself entirely indifferent about her in- terests. had the crown a TUE EMPEROR RESIGNS IlIS CROWN. Philip was now become master of all the wealth of the new world, and of the richest and most extensive dominions in Europe, by the voluntary resignation of the emperor Charles V., who, though still in tlie vigour cC liis age, had taken a disgust to the world, and was detcvmiiu'd to seek, in the tranquillity of retreat, fop that happiness which he had in vain ]uirsued amidst the tumults of war, and the restless projects of ambi- ticn. On the 25tli of October he summoned the states of the Low Countries; and, seating himstif on the throne for the last time, explained to his subjects the reasons of his resignation, absolved them from all oaths of allegiance, and, devolving his authority on Philip, told him, that his paternal tenderness made him weep, when he reilected on the burden which he imposed upon him. He inculcated on him the great and only duly of a prince, the study of his jieople's happiness; and represented how much prefer.ible it was to govern by aft'ection rather than by fear the nations subjected to his dominion. The cool reflections of age now dis- covered to him the emptiness of his former iiursuils ; and ho found that the vain schemes of extending liis cnqjiro had been the source of endless opposition and disappointment, and kept himself, his neighbours, and his subjects, in jierpetual inquietude, and li.ad frustrated the sole end of government, the felicity of the nations committed to his care ; an object which meets with less opposition, and which, if steadily pursued, can alone convey a lasting and solid satis- faction. 1550. A few months after he resigned to Philip his other dominions; and, embarking on board a fleet, sailed to Spain, and took his journey to St. Just, a monastery in Estremadura, which, being situated in a happy climate, and amidst the greatest beauties of nature, he had chosen ibr the place of his retreat. When he arrived at Burgos he found, by the thinness of his court, and the negligent attendance of the Spanish grandees, that ho was no longer empercr; and though this observation might convince him still more of the vanity of the world, and make him more heartily despise what he had renounced, he sighed to find that all former adulation and obeisance had been jiaid to his fortune, not to his person. AYitli better reason w-as he struck with the ingratitude of his sou Philip, who obliged hiin to wait a long time fur the payment of the small pension which he had reserved ; and this disappointment in his domestic enjoyments gave him a sensible concern. He pursued, however, his resolution with inflexible constancy ; and, shutting himself up in his retreat, he exerted such self-com- mand, that he restrained even his curiosity from any inquiry concerning the transactions of the world, which he had entirely abandoned. The fencing against the pains and infirmities under wliich he laboured occu- pied a great part of his time ; and during the in- tervals he employed his fcisure either in examining the controversies of theology, with which his ago had been so much agitated, and which he had hitherto considered only in a political light, or in imitating the works of renowned artists, particularly in mechanics, of which he had always been a great admirer and encouraf^'er. He is said to have here discovered a pro- pensity to the new doctrines ; and to have frequently dropped hints of this unexpected alteration in his sentiments. Having amused himself with the con- struction of clocks and watches, he thence remarked how impracticable the object was in which he had so much employed himself during his grandeur; and how impossible that he, who never could frame two ma- chines that would go exactly .alike, could ever be able to make all mankind concur in the same belief and opinion. He survived his retreat two years. The cmiieror Charles had very ciirly in the begiu- ninf of his reiiin found the difficulty of governing such distant dominions; and ho had made his brother Fer- dinand be elected king of the Romans ; with a view to his inheriting the imperial dignity ,as well as his German dominions. Lut having afterwards enlarged his schemes, and formed plans of aggrandizing liis familv he regretted that lie must dismoinber such considerable states; aud he endeavoured to ou(;ago Ferdinand, by the most tempting offers, and jnosT Chap. XXXVIl] MARY, 1553—1-558. 437 earnest solicitations, to violj up !iis pretensions in fa- vor.i- of Pl'.ilM\ Vinding his attempts fruitless, lie liad resigned the imperial crown with his other dignities; and Ferdinand, according to common form. a|iplied to the pope for his coronation. The arrogant ponlilV re- fused the dcni.an;! ; and pretcndMl, that though on tlie death of au emperor he was obliged to crown the prince elected, yet, in the rase of a resignation, the right devolved to the holy see, and it belonged to the pope alone to appoint an emperor. The conduct of Paul was in everything conformable to these lofty pre- tensions, lie thundered always in the ears of all .am- liassadors, that he stood in no need of the assistance of any prince ; that he was above .all potentates of the earth; that he would not accustom monarclis to pre- tend to a familiarity or equality with him ; that it be- longed to hiin to alter and reguUUe kingdoms; that lie was successor of those who had deposed kings and emperors; and that, rather than submit to anylliiiig below his dignity, he would set fire to the four cor- ners of the world. lie went so far as, at table, in the presence of many persons, and even oiienly, in a public consistory, to say, that ho would not admit any kings for his companions; they were all his subjects, and lie would hold them uniler these feet : so saying, he stamped on the ground with his old and infirm limbs ; for lie was now past fourscore years of age. The world could not forbear making a comparison between Charles V., a prince who, though educated amidst w.ars and intrigues of state, h.ad prevented the decline of age, and had descended from the throne, in order to set apart an interval for thought and re- flection, and a priest T.ho, in the extiemity of old age, exulted in his dominion, and, from restless ambi- tion and revenge, was throwing all nations into com- bustion. Paul had entertained the most inveterate animosity against the house of Austria; and though a truce of five years had been concluded between France and Spain, be excited Henry, by his solicilalious, to break it, and promised to assist him in recovering Naples, and the dominions to which he laid claim in It.aly ; a project which had ever proved hurtful to the predecessors of that monarch. lie himself engaged in hostilities with the duke of Alva, viceroy of Naples; and Guise being sent with forces to support him, the renewal of war between the two crowns seemed al- most inevitable. Philip, though less warlike tli.an his father, was no less ambitious ; and he trusted, that by the intrigues of the cabinet, where he believed his caution and secrecy .and prudence g.ave him the supe- riority, he should be able to subdue all his enemies, and extend his authority and dominion. For this reason, as well as from the desire of settling his new empire, he wished to maintain peace with France; but when he found, that without sacrificing his honour it w.as impossible for him to overlook the hostile at- tempts of Henry, he prepared for war with great in- dustry. In order to give himself the more advantage, he was desirous of embarking England in the quarrel ; and though the queen was of herself extremely averse to that measure, he hoped that the devoted fondness which, notwithstanding repeated instances of his in- difference, she still bore to him, would effectually second his applications. Ilad the matter indeed de- pended solely on her, she was incapable of resisting her husband's commands; but she had little weight with her council, still less with her people; and her government, which was every day becoming more odious, seemed unable to maintain itself even during the most profound tranquillity, much more if a war were kindled with France, and, what seemed an in- evitable consequence, with ScotUand, supported by that powerful kingdom. EXECUTION OF CRAN.MER. An act of barbarity was this ye.ar exercised in England, which, added to many other instances of the same kind, tended to render the governmer.tex- tromely unpopular. Crannier had long been det.iined prisoner; but the queen now determined to bring him to punishment ; and in order the more fully to satiatn her vengeance, she resolved to punish him for luiesy, rather tiian for treason. Ue was cited by the pope to stand his trial at Ron;e ; and though he was known to be kept in close custody at O.xiord, he was, upon his not appearing, condemned as contumacious. Bonner, bisliop of London, and Thirleby, of Ely, were sent to degrade him ; and the foimer executed the melan- choly ceremony with all tlie joy and exultation which suited his savage nature. Tlie implacable si)irit of tlie queen, not satisiied with the eternal damnation of Crannier, which she believed inevitable, and with the execution of that dreadful sentence to wliich I'.e was condemned, prompted her also to seek the ruin of hii* honour, and the iiifamy of his name. Persons weie employed to attack him, not in the way of disputation, against which he was sufiicieutly armed ; but by flat- tery, insinuation, and address; by representing the dignities to whicli his character still entitled hiui, if he would merit them by a recantation ; by giving hopes of long enjoying those powerful friends whom his beneficent dispcEitiou had attaclied to him during the coiiise of his prosperity. Overcome by the fond love of life, terrified by the prospect of those tortures which awaited him, he allowed, in an unguarded hour, the sentiments of nature to prevail over his resolution, and he agreed to subscribe the doctrines of the papal supremacy, and of the re.al presence. The couit, equally perfidious and cruel, were determined that this recantation should avail liim nothing; and they sent him orders that he should be required to acknowledge liis errors in church before the whole people, and that he should thence be immediately carried to exe- cution. Cranmcr, whether tlial he had received a se- cret intimation of their design, or bad repjented of his weakness, surprised the audience by a contrary de- claration. He said, that he was well apprized of the obedience which he owed to his sovereign and the laws; but this duty extended no further than to sub- mit patiently to their commands, and to bear, without resistance, whatever hardships they should impose upon him : that a superior duty, the duty which lie owed to his JIaker, obliged him to speak truth on all occasions, and not to relinquish, by a base denial, the holy doctrine which the Supreme Eeiiig bad revealed to mankind : th.at there was one miscarriage in bis life, of which, above .all others, he severely repented ; the insincere declaration of f.iitli to which he had the weakness to consent, and which the fear of death alone had extorted from him : that he took this oppor- tunity of atoning for his error, by a sincere and open recantation; and was willing to seal, with his blood, that doctrine whiih lie firmly believed to be coninni- nicated from Heaven : and that, as his hand had erred, by betraying his heart, it should first be punished, by a severe but just doom, and should first p.iy the for- feit of its offences. He was thence led to the stake, amidst the insults of the catholics ; and having now sunimoned up all the force of his mind, he bore their scorn, as well as the torture of his iiuiiishment w itli sin- gular fortitude. Ho stretched out bis hand, and, with- out betr.iying, either by his countenance or motions, the least sign of weakness, or even of feeling, he held it in tho iiames till it was entirely consumed. His thou;,hts seemed wholly occupied with reflections on his former fault, and ho called aloud several times, " T/iis hand has oji-nded." Satisfied with that atonement, ho then discovered a serenity in his countenance; and when the fire attacked his body, he seemed to be quite insensible of his outward sufferings, and, by the force of hope and resolution, to have collected his mind altogether -within itself, and to rejiel the fury of the flames. It is pretended, that after his body was con- sumed, his heart was found en Lire and untouched amidst the ashes; an event which, as it was the em- 438 THK HISTORY OF ENGLAND. [Chap. XXXVII. l.loiii of liis constancy, w.is fondly belicvcil by the zealous piotcstants. lie was imdoubtoilly a man of ineiit; possessed of leaininf; .ind capacity, and adorned witli candour, sincerity, and beneficence, and all those virtues which were fitted to render him useful and amiable in society. Ilis moral qualities procured him universal respect ; and the courage of his martyr- dom, though he fell short of the rigid inHexibility observed in many, made him the hero of the jno- testant paity. After Craumer's death cardinal Tole, who had now taken priest's orders, was installed in the see of Can- terbury ; and was thus, by this office, as well as l)y liis commission of legate, placed at tlie liead of the church of England. I?ut though he w.is averse to all sanguinary methods of convertingheretics, and deemed the reformation of the clergy the more effectual, as the more laudable expedient for that jnirpose, he found Ilis authority too weak to oppose the barbarous and bigoted disposition of the queen and of her coun- sellors, lie himself, he knew, had been suspected of Lullieranism ; and as I'aul, the reigning pope, was a furious persecutor, and his personal enemy, he was prompted, by the modesty of his disposition, to re- serve his credit for other occasions, in which he had a greater probability of success. The great object of the queen was to engage the nation in the war which was kindled between France and Spain; and cardin.al Pole, with many other coun- sellors, openly and zealously opposed this measure, liesides insisting on the marriage articles, wliich pro- vided against such an attempt, tliey represented the violence of the domestic factions in England, and the disordered state of the finances; and they foreboded, that the tendency of all these measures Avas to reduce the kingdom to a total dependence on Spanish coun- sels, riiilip had come to London, in order to sup- port his partisans; and he told the queen, that if he were not gratified in so leasonable a request, he ne.'er moie would set foot in England. This declaration ex- tremely heightened her zeal for promoting his inte- rests, and overcoming the inflexibility of her council. After employing other menaces of a more violent na- ture, she threatened to dismiss all of tlieni, and to appoint counsellors more obsequious; yet could she not procure a vole for declaring war with Fr.ance. At length one Stafford and some other conspirators were detected in a design of surprising Scarborough ; and a confession being extorted from them, that they had been encouraged by Henry in the attempt, the queen's importunity prevailed, aiul it was determined to make this act of hostility, with others of a like secret and doubtful nature, the ground of the quarrel. War was accordingly declared against France ; and pre- parations were eveiywhere made for attacking that kingdom. The revenue of England at that time little exceeded three hundred tliousand pounds. Any considerable supplies could scarcely he exjiected from parliament, considering the present disposition of the nation ; and as the war would sensibly diminish that branch arising from the customs, the finances, it was foreseen, would fall short even of the ordinary charges of government, and must still more jn-ove tmequal to the expenses of ( war. But though the queen owed great arrears to all her servants, besides the loans extorted from her sub- jects, these considerations had no effect with her ; and, in order to support her warlike prejiarations, she con- tinued to levy money in the same arbitrary and vio- lent manner which she Iiad formerly practised. She obliged the city of London to supply her with sixty thousand ])nniids on her husband's entry ; she levied before the legal time the second year's subsidy voted liy parliament ; she issued anew many privy-seals, by which she procured loans from her people ; and having equipped a fleet, which she could not victual by reason of the dearness of provisions, she seized all the corn she could find in Suffolk and Norfolk, without paying any price to the owners. By all these expedients, as- sisted by the power of pressing, she levied an army of ten thousand men, which she sent over to the Low Countries, under the command of the carl of I'embrokQ Meanwhile, iu order to i)revent any disturbance at home, many of the n;ost considerable gentry were thrown into the.Tower; and lest they should be known, the Spanish practice was followed : they either were carried thither in the night-time, or were hoodwinked and muftied by the guards wlio conducted them. B.\TTLE OF ST. QUINTIN. The king of Spain had assembled an army which, after the junction of the Engli.sh, amounted to above sixty thousand men, conducted by riiilibert, duke of Sa\oy, one of the greatest captains of the age. The constable, Jlontmorency, who commanded the French arn;y, had not half tlie number to opjjose to liiuu The duke of Savoy, after menacing Mariembourgh and Kccroy, suddenly sat down before St. Quintin ; and as the place was we.ak and ill provided with a gar- rison, he ex])rcted in a few daj's to become master of it. But admiral Coligny, governor of the province, thinking his honour interested to save so important .1 fortress, threw himself into St. Quintin, with some troops of French and Scottish gensdarmery ; and by his exhortations and example animated the soldiers to a vigorous defence, lie dispatched a messenger to his uncle Jlontmorency, desiring a supply- of men ; and the constable approached the place with his whole army, (10th August,) in order to facilitate the entry of these succours. But the duke of Savoy, falling on the re-enforcement, did such execution upon them, that not above five hundred got into the place. He next made an attack on the French army, and ]nit them to total rout, killing four thousand men, and dispersing the remainder. In this unfortunate action manj- of tlie chief nobility of France were either slain or taken prisoners: among the latter was the old constable liini- self, who, fighting valiantly, and resolute to die rather than survive his defeat, was surrounded by the enemy, and thus fell alive into their hands. The wliole king- dom of France was thrown into consternation : Paris was attempted to be fortified in a Iiurry : and had the Sjianiards presently marched thither, it could not have failed to fall into their hands. But Philip was of a cautious temper ; and he determined first to take St. Quintin, in order to secure acommunication with his own doniiniciis. A very little time, it was expected, would finish this enterprise ; but the bravery of Coligny still prolonged the siege seventeen days, which proved the safety of France. Some troops were levied and assem- bled. Couriers were sent to recal the duke of Guise and his army from Italy : and the French, having re- covered from their first panic, put themselves in a pos- ture of defence. Phili)), after taking Ham and Catelet, found the season so far .advanced that he could attempt no other enterprise : he broke up his camp and retired to winter-quarters. * CALAIS TAKEN BY THE FRENCH. But the vigihxnt activity of Guise, not satisfied with securing the frontiers, prompted him, in the depth ot winter, to plan an enterprise, which France during her greatest successes had always regarded as imjn-ac- ticable, and had never thought of undertaking. Calais was in that age deemed an impregnable fortress ; and as it was know n to be the fiivourite of the English na- tion, by whom it could easily be succoured, the recovery of that place by France was considered as totally des- perate. But Coligny had remarked, that as the town of Calais was surrounded with marshes, which duiiug the winter were impassable, except over a dyke guarded by two castles, St. Agatha and Newnam bridge, the English were of late accustomed, on account of the Chap. XXXVII.l MARY, 1553—1558. 43» lowiiess of their finances, to dismiss a gi-eat part of the garrison at tlie end of autuinii.and to recal them in the spring, at which time alone tliey jndged their attend- ance necessary. On this circumstance he had founded the design of mailing a sndden attack on Calais ; he hud caused the place to be secretly viewed by some engi- neers ; and a plan of the whole enterprise being found among his papers, it served, tliough he himself was made prisoner on the taking of St. Quintin, to suggest the project of that undertaking, and to direct the mea- sures of the duke of Guise. 1558. Several bodies of troops defiled towards the frontiers on various pretences ; and the whole being suddenly assembled, fornu'd an army, with wliich Guise made an unexpected march towards Calais. At the same time a great number of French ships, being or- dered into the Channel, under colour of cruising on the English, composed a fleet which made an attack by sea on the fortifications. The French assaulted St. Agatha with three thousand harqnebusiers ; and the garrison, though they made a vigorous defence, were soon obliged to abandon the place, and retreat to Newnam bridge. The siege of this latter place was immediately under- taken, and at the same time the fleet battered the ris- bank, which guarded the entrance of the harbour ; and both these castles seemed exposed to imminent danger. Tlie governor, lord Wentwortli, was a brave ofheer ; but finding that the greater part of his weak garrison was inclosed in the castle of Newnara bridge and the risbank, he ordered them to capitulate, and to join him in Calais, which without their assistance he was utterly unable to defend. The garrison of Newnam bridge was so happy as to efiect this purpose ; but that of the ris- bank could not obtain such favourable conditions, and were obliged to surrender at discretion. The duke of Guise, now holding Calais blockaded by sea and land, thought himself secure of succeeding in Ills enterprise, but in order to prevent all accident, he delayed not a moment the attack of the place. He planted his batteries against the castle, where he made a large breach ; and having ordered Andelot, Coligny's brother, to drain the fosse, he comm.anded an assault, which succeeded ; and the French made a lodgment in the castle. On the night following, Wentwortli at- tempted to recover his post ; but having lost two him- dred men in a furious attack which he made upon it, he found his garrison so weak, that he was obliged to capitulate, ll.am and Guisncs fell soon after ; and thus the duke of Guise in eight days, during the depth of winter, made himself master of this strong fortress, that had cost Edward III. a siege of eleven months, at the head of a numerous amiy, w Inch had that very year been victorious in the battle of Cressy. The English had held it above two hundred years; and as it gave them an easy entrance into France, it was regarded as the most important possession belonging to the crown. The joy of the French was extreme, as well as the glory acquired by (Juise, who at the time when all Europe imagined France to be sunk by the unfortunate battle of St. Quintin, had, in opposition to the English and their allies the Sjianiards, acquired possession of a place which no former king of France, even during the distractions of the civil wars between the houses of York aiid Lancaster, had ever ventured to attempt. The English, on the other hand, bereaved of this valu- able fortress, murmnred loudly against the improvi- dence of the queen and her council ; who, after engag- ing in a fruitless war, for the sake of foreign interests, had thus exposed the nation to so severe a disgrace. A treasury exhausted by expenses, and burdened with debts; a people divided and dejected; a sovereign negligent other peo])le's welfare ; were circumstances which, notwithstanding the fair offers and promises of Philip, gave them snniU hopes of recovering Calais. And as the Scots, instigated by French councils, began to move on the borders, they were now necessitated rather to look to their defence at home, than to think of foreign conquests. AFFAIRS OF SCOTLAND. After the peace which, in consequence of King Ed- ward's treaty with Henry, took place between Scotland and England, the queen-dowager, on pretence of visit- ing her daughter and her relations, made a, journey to France, and she carried along with her the earls of Huntley, (Sutherland, Marischal, and many of the prin- cipal nobility. Her secret design was, to take measures for eng.iging the e.arl of Arran to resign to her the go- venunent of the kingdom ; and as her brother.s, the duke of Guise, the cardinal of Lorraine, and the duke of Auinale, h.ad uncontrolled influence in the court of France, she easily persuaded Henry, (ind liy his autho- rity the Scottish nobles, to enter into her measure"? Having also gained Carnegy of Kinnaird, Panter, bishop of Ross, and Gavin Hamilton, commendator of Kilwin- ning, three creatures of the governor's, she persuaded him, by their means, to consent to this resigmation ; and when evcrytliing was thus prepared for her pur- pose, she took a journey to Scotland, and passed through England in her way tliither. Edward received her with great respect and civility ; though he could not forbear iittcnipting to renew the old treaty for his mar- riage with her daughter : a marriage, he said, so happily calculated for the tranquillity, interest, and security of both kingdoms, and the only means of ensuring a dur- able peace between them. For his part, he added, he never could entertain a cordial amity for any other husband whom she could choose ; nor was it easy for him to forgive a man who, at the same time that he disa]>pointcd so natural an iiUiance, liad bereaved him of a bride to whom his affections, from its earliest infancy, had been entirely engaged. The quecn-dcw- ager eluded these applications, by telling him, that if any measures had been taken disagreeable to him, they were entirely owing to the imprudence of the duke of Somerset, who, instead of employing courtesy, caresses, and gentle offices, the proper means of gaining a yoimg princess, had had recourse to arms and violence, and liad constrained the Scottish nobility to send their sove- reign into France, in order to interest that kingdom in protecting their liberty and independence. When the queen-dowager arrived in Scotland, she found the governor veiy unwilling to fulfil his engage- ments ; and it was not till after many delays that he could be persuaded to resign his authority. 15ut finding tliat the majority of the yoimg princess was approach- ing, and that the queen-dowager had gained the affec- tion of all the principal noliility, he thought it more prudent to submit ; and luaving stipulated that he should be declared ne.xt heir to the crown, and should be freed from giving any account of his past adminis- tration, he placed her in possession of the power ; and she thenceforth assumed the name of regent. It was a usual saying of this princess, that provided she could render her friends happy, and could ensure to herself a good reputation, she was entirely indifferent what befel her ; and though this sentiment is greatly censured by the zealous reformers, as being founded wholly on se- cular motives, it discovers a mind well calculated for the government of kingdoms. D'Oisel, a Frenchm.an, celebrated fur capacity, had attended her as ambassador from Henry, but in reality to assist her with his councils i]i so delicate an undertaking as the administration of Scotland ; and this man had formed a scheme for lav- ing a general t.ax on the kingdom, in order to support a standing militaiy force, which might at once repel theinroadsof foreign enemies, and cheek the turbulence of the Scottish nobles. But though some of the courtiers were gained over to this project, it gave a great and general discontent to the nation ; and the queen-re- gent, after ingenuously confessing that it would prove j)ernicious to the kingdom, had the prudence to desist from it, and to trust entirely for her security to the good-will and affections of her subjects. This laudable purpose seemed to be the chief object of her administration ; yet was she sometimes drawa -i-to THE lilSTOnV OF ENGLAND. [CjiAr. XXXYII. from it by her connexions wiih France, aiul by llic I influence 'which lier brothers had acquired over Iier. When Mary ccnimienced liostilitics against tliat ; kingdom, Henry" required the queen-regent to take I part in the quarrel ; and she suninioned a convention ' of states at Newbot tie, and requested them to conenr in a declaration of war against England. The Scottish nobles, who were become as jealous of French, as tlie Kngllsli were of Sjianish influence, refused their as- sent ; and the queen was obliged to have recourse to stratagem, in order to effect her purpose. She ordered D'Oisel to begin some fortificatious at Fyemouth, a place which had been dismantled by the last treaty withEdward ; and when the garrison of Berwiclv,as she foresaw, made an inroad to prevent the undertaking, she eft'ectually employed this pretence to inflame the Scottisli nation, and to engage them in hostilities against England. Tlic enterprises, however, of the Scots proceeded no further than some inroads on the borders : when D'Oisel, of himself, conducted artillery nnd troops to besiege the castle of AVerke, lie was re- called, and sharply rebuked liy the council. :marriagr OF the D.^uniiN and the QUEEN OF SCOTS. In order to connect Scotland more closely with 5"ranee, and to increase the influence of the latter king- dom, it was tliouglit proper by Henry to celebrate the marriage between the young queen and the dauphin ; and a deputation was sent by the Scottish parliament to assist at the ceremony, and to settle the terms of the contract. The close alliance between France and Scotland threatened very nearly the repose and security of Mary : and it w.as foreseen, that though the factions and disordei's w'hich miglit naturally be expected in the Scottish government, during the absence of tlie so- vei'eign, would make its power less formidable, that kingdom would at least afford to the French a means of invading Englaiul. A PARLIAMENT. January 20. The queen, therefore, found it necessary to summon a parliament, and to demand of them some snjiplies to lier exhaxisted exchequer. As such an emergency usually gives great advantage to the peojile, and as the parliaments, during this reign, liad shown, tliat ■where the liberty and iiulepcndency of the kingdom was menaced with imminent danger, they were not entirely overawed by the court, we shall naturally expect, th.at tlie late arbitrary methods of extorting money should at least be censured, and, perhaps, some leniedy for the future provided against them. The commons, however, without making any reflections on the ]iast, voted, besides a fifteenth, a subsidy of four shillings in the ])Ound on land, and two shillings and eightpence on goods. The clergy granted eight shillings in the pound, payable, as was also the subsidy of the laity, in four years by equal portions. The p.arliament also passed an act, confirming all the Sides and grants of crown lands, which either were already made by the queen, or shoidd be made dm'ing the seven ensuing years. It was easy to foresee, that in JIary's present disposition and situation, this power would be followed by a great alienation of the royal demesnes ; and nothing could be more contrary to the principles of good government, than to establish a prince with very extensive authority, yet permit him to be reduced to begg.ary. This act met with opposi- tion in the house of commons. One Copley exjiressed his fears lest the queen, muler colour of the power there granted, might alter the succession, and alienate the crow-n from the lawful heir : but his words wore thought irreverent to her m.^jesty : bo was committed to the custody of the serjeant-at arms ; and tiiougli he expressed sorrow for this ofl'ence, he was not releaeo^ till the queen was applied to for his pardon. The English nation, during this whole reign, were under great apprehensions witli regard not only to the succession, but the life of the lady I'.Iizabeth. The violent hatred which the queen bore to her broke out on every occasion ; and it required all the authority of Pliilip, as well as her own great jirudence, to prevent the fatal effects of it. The princess retired into tlio country ; and knowing that she was surrounded with s]iies, she passed her time wholly in reading and study, intermeddled in no business, and saw very little con'i- pany. AVhilo she remained in this situation, wliieh for the jiresent was melancholy, but which prepared her mind for those great actions by which her life was afterwards so much distinguished, proposals of mar- riage were made to her by the Swedish ambas.sador in liis master's name. As her first question was, whether the queen had been informed of these propo- sals ? the ambassador told her, that his master thought, as be was a gentleman, it was his duty first to make his addresses to herself ; and having obtained her eon- sent, lie would next, as a king, apply to her sister. But the princess would allow him to proceed no fur- tlier ; and the queen, after thanking her for this in- stance of duty, desireil to know how she stood affected to the Swedish jn-oposals. Elizabeth, though exposed to many present dangers and mortifications, had tlie magnanimity to reserve herself for better fortune; and she covered her refusal with professions of a passion- ate attachment to a single life, which, she Siiid, she infinitely preferred baiiiai'ds gained a complete victory. Meanwhile the pniieipal army of Fr.ince, under the dnlc(' of Guise, and th.it of .Spain, under the duke of Savoy, approached each other on the frontiers of Picardy; and as the two kings hud come into their respective camps, attended by the flower of their no- bility, men expected that some great and important event would follow from the oniul.ation of these war- like nations. But Philip, though actuated by the ambition, possessed not the enterprising genius of a conqueror ; and he was willing, notwithstanding the superiority of his numbers, and the two great victories w'hicli lie had gained at St. (^uintln and Graveliues, to put a period to the war by treaty. Negociations were entered into for that jiurposc ; and as the terms offered by the two inonarchs were somewhat wide of each other, the armies were jiiit inti winter-quarters till the princes could come to better agreement. Among other conditions, Henry demanded the restitution of Navarre to its lawful owner : Philip, that of Calais and its territory to England ; but in the midst of these negociations, news arrived of the de.ath of Mary ; and Philip, no longer connected with Englaiul, began to re- la.\ in his firmness on tli.at eai)ital article. 'J'his was the only circumst.ance that could have made the death of that princess be regretted by the nation. DEATH OF THE QUEEN. November l". Sfary had long been in a declining state of health : and ha\'ing mistaken her dropsy for a lU'egnancy, she had made use of an improper regimen, and her malady daily augmented. Every reflection now tornieufed her. The consciousness of being hated by her subjects, the prospect of Elizabeth's succession, apprehensions of the danger to which the catholic religion stood ex- posed, dejection for the loss of Calais, concern for the ill state of her afl'airs, and, above all, anxiety for the absence of her husbancutors; a deliverance, she said, no less miraculous than that which Daniel had received from the den of lions. This act of pious gratitude seems to have been the last circumstance in which she remem- bered any past hardships and injuries. With a pru- dence and magnanimity truly laudable, she buried all offences in oblivion, and received with afiability even those who had acted with the greatest malevolence against her. Sir Harry Benuifield himself, to whose custody she had been committed, and who had treated Iier with severity, never felt, during the whole course of her reign, any effects of her resentment. Yet was not tlie gracious reception which she gave prostitute .and undistinguishing. When the bishops came in a body to make their obeisance to her, she expressed to .all of them sentiments of regard, except to Bonner, from whom she turned aside, as from a man polluted with blood, who was a just object of horror to every heart susceptible of humanity. After employing a few days in ordering her domestic affairs, Elizabeth notified to foreign courts her sister's death, and her own accession. She sent lord Cobham to the Low Countries, where Philip then resided ; and she took care to express to that monarch her grr.Litude for the protection which he had afforded her, and her desire of persevering in that friendship which had so happily commenced between them. I'liilip, who had long foreseen this event, and who still hoped, by me.ans of Elizabeth, to obtain that dominion over England of which he had failed in espousing Mary, immediately dispatched orders to the duke of Feria, his .amliass entirely to liis will, slio slioiilJ expci-ionce tlie utmost ler.ity conipatiblo with the dignity of the apostolic see. "When this answer was reported to Kliznbeth, she wa; astonished at the charactei- of that aged jiontil}'; and, having recalled her anihassador. she continued with more determined resolution to pnrsne those measures which already she had secretly embraced. EE-ESTABLISIIMENT OF THE PROTESTANT HELIGION. The qneen, not to alarm the partisans of tlie catholic religion, had retained eleven of her sister's counsellors; but in order to balance their auliiority, she added eiglit more, who were known to be inclined to the prolestant coniniunion : the nianjuis of Northampton, the earl of Bedford, sir Thomas I'arry, sir Edward Rogers, sir Ambrose Cave, sir Francis Knolles, sir Nicholas Cacon, whom she created lord-Ueoper, and sir William Cecil, secretary of state. With tliese counsellors, particu- larly Cecil, she frequently deliberated concerning the expediency of restoiing the protestant religion, and tlie means of executing that great enterprise. Cicil told her, tliat the greater part of the nation had, ever since her father's reign, inclined to the Reformation; and, though her sister had constrained them to i)rofess the ancient faith, the cruelties exercised by her ministers had still more alienated their aft'cctions from it : that happily the interests of the sovereign here concurred with the inclinations of the people ; nor was licr title io the ciown compatible witli the authorit}* of the Roman pontili': that a sentence, so solemnly pro- nounced by two popes against her mother's niamage, could not possibly be recalled, without inflicting a mortal wound on the credit of the see of Rome ; and even, if she were allowed to retain the crown, it would only be on an uncertain and dependent footing : that this circumstance alone counterbalanced all dangers whatsoever; and these dangers themselves, if narrowly examined, would be found very little foimidable : that the curses and execrations of tlie Romish church, when not secoiuled hy military force, were, in the present age, more an object of ridicule than of terror, and had now as little influence in this world as in tbene.xt: that though the bigotry or ambition of Henry or Rhilip might incline them to e.\eeute a sentence of excom- niunieation against her, their interests were so incom- patible, that they never could concur in any plan of operations; and the enmity of the one wotdd always ensure to her the friendship of the other : that if they encouraged the discontents of her catholic subjects, their* dominions also aboundeil with protestants, and it wouhl be easy to retaliate upon them : that even such of the English as seemed at present zealously attached to the catholic faith, would, most of them, embrace the religion of their new sovereign ; and the nation had of late been so much accustomed to these revolutions, that men had lost all idea of truth and falsehood in such subjects : that the authority of Henry VHI., so highly raised by numy concnrnng circumstances, first inured the people to this submissive deference ; and it was the less diflicult for succeeding princes to continue the nation in a track to which it liad so long been ac- customed : and that it wotdd be easy for her, by bestow- ing on protestants all preferment in civil offices and the militia, the chuieli, and the tiniversities, both to ensure her own authority, and to render her religion entirely predominant. The education of i'.lizabeth, as well as Iter interest, led her to favour the Refornuition ; and she remained not long in suspense with regard to the party which she should embrace. Rut, though determined in her own mind, she resolved to proceed by gradual and secure steps, and not to imitate the example of Slary, in encouraging the bigots of her party to make imme- diately a violent invasion on the established religion. She thoirght it requisite, however, to discover such symptoms of her intentions, as wight give encourage- ment to the protestants, so mnch depressed hy the lata violent persecutions. She immediately recalled all the exiles, and gave liberty to the prisoners who were con- fined on account of religion. We are told of a plea- santry of one Rainsforci on this occasion, who said to the queen, that he had a petition to present her in behalf of other prisoners, called Matthew, .Mark, Luke, and .John : she readily replied, that it behoved her first to consult the prisoners ihenrselves, and to learn of them whether they desired that liberty which he de- manded for them. Elizabeth also proceeded to exert, in favour of the reformers, some acts of power which were authorized by the extent of royal prerogative during that age. Finding that the protestant teachers, irritated by per- secution, broke out in a furious attack on the ancient superstition, and that the Romanists replied with no less zeal and acrimony, she published a prcchunation, by which she inhibited all preaching without a special licence ; and though she dispensed with these orders in favour of some [ireachers of her own sect, she took care that they should be the most calm and moderate of the party. She also suspended the laws so far as to order a great part of the service, the litany, the Lord's prayer, the creed, and the gospels, to be read in English. And, having first published injunctions that all the churches should conform themselves to the practice of her own cliapel, she forbade the host to bo any more elevated in her presence ; an innovation which, how- ever frivolous it may appear, implied the niostnniterial consequences. These declarations of her intentions, concurring with I'receding suspicions, made the bishops foresee, with certainty, a revolution in religion. They therefore re- fused to officiate at her coronation ; and it was with some difficulty that the bishop of Carlisle was at last prevailed on to jierform the ceremony. When she was conducted through London, amidst the joyful ac- clamations of her subjects, a boy, who peisonated 'i'ruth, was let down from one of the triumphal arches, and presented to her a copy of the Bible. She received the book with the most gracious deportment, placed it next her bosom, and declared, that, amidst all the costly testimonies which the city had that day given her of their attachment, this present was by far the most precious and most acciptable. Such were the innocent artifices by which Elizabeth insinuated herself into the affections of her subjects. Open in lier ad- dress, gracious and affable in all public ajipearanccs, she rejoiced in the concourse of her subjects, entered into all their pleasures and amusements, and, without departing from her dignity, which she knew well hov/ to jireserve, she acquired a jiopularity beyond wliat any of her predecessors or successors ever could attain. Her own sex cxidted to see a woman hold the reins of empire with such prudence and fortitude: and while a young princess of twenty-five years, (for that was her age at her accession,) who jiossessed all the graces and insiimation, though not all the beauty of her sex courted the att'ections of individuals by her civilities, of the public by her services, her authority, thou"h corroborated by the strictest bands of law and religion, apjiearcd to be derived entirely from the choice and inclination of the people. A PARLIAMENT. A sovereign of this disposition was not likely to offend her subjects by any useless or violent exertions of |H)wer; and Elizabeth, though she threw out such hints as encouraged the protestants, delayed the entire change of icligion till the meeting of the parliament, which was summoned to assemble. The elections had gone entirely against the catliolics, who seem not in- deed to have nuide any great struggle for the superi- ority ;" and the houses met, in a disposition of gratifying • N'otwithswnding the bias of the nation towards tlie protestmc lect. It appears that some violence, at least accoiding to our picsent idea , wu used tjj 444 THE HISTORY OF ENGLAND. [Chap. XXXVIIT Uio queen in every particular whicli slie could desire of them. Tliev be^au the session with an unanimous declaration," that queon Elizahcth -na?, and ousjht to be :is well bv the word of God, as the common and Btatute lavs' of the realm, the lawful, undonhtcd, and trne heir to the crown, lawfully descended from the blood-royal, accordinnj to the order of succession set- tled in the 3.5th of llfury VIII." This act of recogni- tion was probably dictated by the queen herself and her ministers ; and she showed her magnanimity, as Well as moderation, in the terms wdiich she emiiloyed on th.at occasion. She followed not Mary's practice in declaring the validity of her mothei-'s marriage, or in expressly repealing the act formerly made against her own legitimacy : she knew that this attempt must be attended with reflections on her father's memory, and on the birth of her deceased sister ; and as all the ■world was sensible, that Henry's divorce from Anuc Boleyn was merely the effect of his usual violence and caprice, she scorned to found her title on any act of an assembly which had too much prostituted its authority by its former variable, servile, and iniquitous decisions. Satisfied therefore in the general opinion entertained with regard to this fact, which appeared the more un- doubted, the less anxiety she discovered in fortifying it by votes and inquiries ; she took possession of tlie throne, both as hei- 'oirtliright, and as ensured to her by foi'mer acts of parliament ; and she never appeared anxious to distinguish these titles. The first bill brought into p.arliament, with a view of trying their disposition on the head of religion, was that for suppressing the monasteries lately erected, and for restoring the tenths and first-fruits to the queen. This point being gained with much difBeuIty, a bill was next introduced, annexing the supremacy to the crown ; and timugli the queen was tlieie denomi- nated governess, not head, of the church, it conveyed the same extensive power, which, under the latter title, had been exercised by her father and brother. All the bishops who were present in the upper house stre- nuously opposed this law ; and as they possessed more learning than the temporal peers, they triumphed in the debate ; but the majority of voices in that house, as well as among the commons, was against tlieni. By this act, the crown, without the concunence either of the parliament or even of tlie convocation, was vested with the whole spiritual power; might repress all here- sies, might establish or repeal .all canons, might alter every point of discipline, and might ordain or abolish any religious rite or ceremony. In determining heresy, the sovereign was only limited (if that could bo called a limitation) to such doctrines as h.ad been adjudged lieresy by the authority of the scripture, by the fiist four general councils, or by any general council which followed the scripture as their rule, or to such other doctrines as should hereafter be denominated heresy by the parliament and convocation. In order to e.xer- cise this authority, the queen, by a clause of the act, was empowered to name commissioners, either laymen or clergymen, as she should think proper; and on this clause was afterwards founded the court of ecclesiasti- cal commission ; which assumed large discretionary, not to say arbitrary, powers, totally incompatible witli any exact boundaries in the constitution. Their pro- ceedings indeed were only consistent witli absolute monarchy ; but were entirely suit.able to the genius of the act on which they were established ; an act that at once gave the crown alone all the power which had formerly been claimed by the popes, but which even these usurping prelates had never been able fully to exercise, without some concurrence of the national clergy. Whoever refused to take rai oath, acknowledging the queen's supremacy, was incapacitated from holding any office ; whoever denied the supremacy, or at- tliPSL* eUvliijns : five candidates were nominalca by the court to eacli boroi:gli, w»1 ttiree lo each coiuity ; and by the shcrilT's aiithnrily, tlie members ivere vlloFpn from among these candidates. See State i'apcrs, collected by Edivaid, tarl of CUnrendor . p. V^ tem))ted to deprive the queen of that prerogative, forfeited, for the first offence, all his goods and chat- tels ; for the second, was subjected to the penalty of a prcniunire ; but the third offence was declared treason. These punishments, however severe, were less rigorous than those which were formerly, duiing tlie reigns of her father and brother, inflicted in like cases. A law was passed, confirming all the statutes enacted in king Edward's time with regard to religion : the nomination of bishops was given to the crown without any election of the chapters : the queen was em- powered, on the vacancy of any see, to seize all the temporalities, and to bestow on the bishop elect an equivalent in the impropriations belonging to the crown. This pretended equivalent was commonly much in- ferior in value ; and thus the queen, amidst all her con- cern for religion, followed the example of the pre- ceding reformers, in committing depredations on tlie ecclesiastical revenues. The bishops and all incumbents were prohibited fi'om .alienating their revenues, and from letting leases longer than twenty-one years, or three lives. This law | seemed to be meant for securing the property of the church ; but as an exception was left in favour of the crown, great abuses still prevailed. It was usual for the courtiers during this reign to make an agreement with a bishop or incumbent, and to procure a fictitious alienation to the queen, who afterwards transferred the lands to the person agreed on. This method of pillaging the church was not remedied till the begin- ning of James I. The present depression of the clergy exposed them to all injuries ; and the laity never stopped till they had reiluced the church to such po- verty, that her plunder was no longer a compensation for the odium iucurrod by it. A solemn and public disputation w.as held during this session, in presence of lord-keeper Bacon, between the divines of tlie protestant and those of the catholic coramunion. The ch.ampions appointed to defend the religion of the sovereign, were, as in all former in- stances, entirely triumphant; and the popish dispu- tants, being pronounced refractory and obstinate, were even punislied by imprisonment. Emboldened by this victory, the protestants ventured on the last and most import.ant step, and brought into parliament a bill for abolishing the mass, and re-establishing the liturgy of king Edward, reuolties were enacted, as well against those who departed from this mode of worship, as against those who absented themselves from the church and the sacraments. And thus in one session, withont any violence, tumult, or clamour, was the whole system of religion altered, on the very com- mencement of a reign, and by the will of a young wom.an, wdiose title to the crown was by many thought liable to great objections: an event which, though it may appear surprising to men in the ju'esent age, was everywhere expected on the first intelligence of Eliza- beth's accession. The commons also made a sacrifice to the qnecn, more difficult to obtain than tliafof any articles of faith : they voted a subsidy of four shillings in the pound on land, and two shillings and eightpence on moveables, together with two fifteenths. [See note 3 K, at the end nf this Vol.] The house in no instance departed from the most respectful deference and com- plaisance towards the queen. Even the importunate address which they made her on the conclusion of the session, to n.x her choice of a husband, could not, they supposed, be very disagreeable to one of her sex and age. The address was couched in the most respectful expressions; yet met with a refusal from the queen. She told the speaker, that, as the .application from the house was conceived in general terms, only recom- mending marriage, without pretending to direct hei choice of a husband, she could not take oifence at the address, or regard it otherwise than as a new instance of their affectionate attachment to her : that any further interposition on their part would have ill become either Chap. XXXVIII.] ELIZABETH, 1558— IG03. 44f them to make as siilijects, or Iier to bear as au iudo- pciulcnt princess: tliat even while she was a ]nivate person, and exposed to much danger, she had always declined that engagement, which she regarded as an incumhrance ; much more, at present, would she per- severe in this senlinicnt, when tlie cliarge of a great kingdom was committed to her, and her lil'e ought to he entirely devoted to promoting the interests of reli- gion and the happiness of her subjects: that as Eng- land was her husband, wedded to her by this pledge, (and here she showed her finger, with the same gold ring upon it, with whicli she liad solemnly betrothed herself to the kingdom at her inauguration,) so all Knglishmen were her children ; and while she was employed in rearing or governing such a family, she could not deem herself barren, or her life useless and unprofitable : that if she ever euleriained thoughts of changing her condition, the care of her subjects* wel- fare would still be upiicrmost in her thoughts; but should she live and die a virgin, she doubted not hut di\'iue Providence, seconded by tlieir counsels and her own measures, would be able to prevent all dispute with regard to the succession, and secure them a so- vereign, who, perhaps better than her own issue, would iniilate her exanijile in loving and cherishing her own people: and that, for licr part, she desired that no higher cliaracter or fairer remembrace of her should be transmitted to posterity, than to have this inscription engraved on her tombstone, when she should pay the last debt to nature: — " Here lies Eliza- beth, who lived and died a maiden queen." loo'.). After the prorogation of the parliament, on the Ctli of Jlay,* (he laws enacted with regard to ic- ligion were put in execution, .ind met with little oppo- sition from any quarter. The liturgy was again intro- duced in the vulgar tongue, and the oath of supre- nmcy was tendered to the clergy. The nnnibor of bishops had been reduced to fourteen by a sickly sea- son, which preceded ; and all these, except the bishop of Land;iffe, having refused compliance, were degraded from their sees: but of the infeiioi- clergy throughout nil England, where there are near ten thousand p.i- rislies, only eighty rectoi'S .and vicars, fifty prehcnd- ni'ies, fifteen heads of colleges, t\\ elve archdeacons, and as many deans, sacrificed their livings to their religions principles. Those in high ecclesiastic stations, being exijosed to the eyes of the public, seem cliiefly to have placed a point of honour in tlieir perseverance; but on the whole, the protestants, in tiie former change intro- duced by .^fary, apjiear (o have been much more rigid and conscientious. Tliough the catholic religion, adapt- ing itself to the senses, and eiijuining observances which enter into theconnnon tr:uu ttf life, does at pre- bent lay faster hold on the mind than the reformed, which, being chielly spiritual, resembles more a system of met.aphysics ; yet w.as the proportion of zeal, as well as of knowledge, during the first ages after the Reform- ation, much greater on the side of the protestants. The catholics continneil, ignorantly and supinely, in their ancient belief, or rather their ancient practices : but the reformers, obliged to dispute on every occa- sion, and inflamed to .a degree of enthusi.asm by novelty and persecution, had strongly attached themselves to tlieir tenets, and were ready to sacrifice their fortunes, .and even their lives, iu sujiport of their speculative and absti'nct principles. The forms and ceremonies still |n-eserved in the Knglish liturgy, as they bore some resemblance to the ancient service, tendeil further to reconcile the catho- lics to the established ndiginn ; and as the queen per- mitted no other mode of worship, and at the same time struck out everything that could he offensive to them in the new liturgy, even those who were .addicted to the Romish communion made no scruple of attending • It is thmif^ht remarkable hy Camden, that though this session was the fli-st of the rciRn, nn ypiivi\ was Attainted; but. on ihe contrary, snnie re- BtortdinbKid bv the parliament ; a Rood symotom of the lenit>-, at least of the pnidence of the queen's government : and that it should ab'pear rjmai k- atilc. Is a prtMf of th« lifiour of prcculing rTi;^nG. the established churdi. Had Elizabeth gratified her own inclinations, the e.xteiior appearance, wliioh is tho chief circumstance with the people, would have been s'.iU more similar between the new and the ancient form of worship. Her love of state and m.aguificence, wliich she afi(;cted in everything, inspii ed her with an inclination towards the pump of the catholic leligion; and it w.as merely in compliance with the prejudices of her parly, that she gave up either images, or the ad- dresses to saints, or prayers for the dead. Some fo- icign princes interposed to jirocure the Romanists the IM-ivilege of separate assemblies in particul.oj- cities, but the queen would nut comply with their request; and she represenled the manifest danger of disturbing the national peace by a toleration of different religions. PEACE WITH FRAN'CE. AVhile the queen and parliament were employed in settling the public religion, the negocialions for a peace were still conducted, first at C'ercainp, then at Cafeau- Cambresis, between the ministeis of Fi-.ance, Spain and England; and Elizabeth, though equally prudent, was not equally successful in this transaction, riiilip employed his utmost efforts to procure the restitution of Calais, both as bound in honour to indemnify Eng- land, which, merely on his account, had been drawn into the war, and as engaged in interest to remove France to a dist.ance from his frontiers in the Low Countries. So long as he entertained hopes of espous- ing the queen, he del.ayed concluding .a pe.ace witli llenry; and even after the change of religion in Eng- land deprived him of all such views, his ministers hinted to her a proposal, which may be reg.arded as reasonable .aud honourable. Though all his ow n terms with France were settled, he seemed Avilling to con- tinue tho war till she should obtain .'•atisfaction ; pro- vided she would stipulate to adhere to the Spanish alliance, and continue hostilities against Henry durinc the course of six years: but Elizabeth, after consult- ing with her ministers, wisely rejected this proposal. She :;^'as sensible of the low state of her finances ; the groat debts contracted by her father, brother, and sis- ter; the disorders introduced into every part of the administration; the divisions by which her people were agitated; and she w.as convinced that nothing hut tranquillity during some years could bring the kingdom again into a flourishing condition, or enable her to act with dignity and vigour in her transactions with foreign nations. Well acqu.ainted with the value which llenry juit upon Calais, and the impossibility, during the present emergence, of recovering it by treaty, she was willing rather to suffer that loss, than submit to such a dependence on Spain, as she must ex- pect to fall into, if she continued pertinaciously in her present demand. She ordered, therefoi'e, her amb.as- sailors, lord I'.thnghain, tho bishop of Ely, and Dr. Wotton, to conclude the negoeiation, and to settle a pe.ace with Henry on any reasonable terms, lleniy offered to stipulate a mariiage between the eldest daughter of the d.auphin, and the eldest son of Eliza- beth ; and to engage for the restitution of Calais as the dowry of that princess ; but as the queen was sensible that this treaty would appear to the world a palpable evasion, she insisted upon more equitable, at least more plausible conditions. It was at last agreed, that llenry should restore Calais at the exiiiration of eight years; that, in case of failure, he should pay five hun- dred thousand crowns, and the queen's title to Calais still reniain ; that he should find the security of seven or eight foreign merchants, not natives of France, for the payment of this sum ; that he should deliver five hosf.ages till that security were provided ; that if Elizabeth broke the peace with Fiance or Scotland during the interv.al, she should forfeit all title tc Calais ; but if Henry made war on Elizabeth, ho should be obliged immediately to restore that I'or- tress. All men of penetration easily saw that these 446 THE HISTORY OF ENGLAND. [Chap. XXXVIII stipulations were jiit a colourable pretence for aban- doning Cuhiis ; but tlipy excused tlie queen on .account of the necessity of licr .iffairs ; and tliey even extolled her pnifienco iii submitting, without further struggle, to that necessity. A i)eace witli Scotland was a neces- s;'rv consoquence of that with Fr.ince. i'hilip and Henry terminated hostilities by a mnt'.ial restitution of iill places taken during the course of tlie w.ar; and Philip espoused the princess Elizabeth, eldest daughter of France, formerly betrothed to his son, Hon Carlos. The duke of Savoy married Mar- garet, Henry's sister, and obtained a restitution of all his dominions of Savoy and Piedmont, except a few towns, retained by France. And thus general tran- quillity seemed to be restored to Europe. DISGUST BETWEEN THE QUEEN AND MARY QUEEN OF SCOTS. But though peace was concluded between France and England, there soon .appeared a ground of quarrel, of the most serious nature, and which was afterwards attended with the most important consequences. The two nu^rriages of Henry VIII., that with Catherine of Arragon, and that with Anne Boleyn, were incom- patihle with each other ; and it seemed impossihle that both of them could be regarded as valid and leg.al : but still the birth of Elizabetli lay under some disadvan- tages, to which that of her sister Mary was not ex- posed. Henry's first miirri.age had obtained the sanc- tion of all the powers, both civil and ecclesiastical, which were then acknowledged in England ; and it was natur.al for protestants, as well as Romanists, to allow, on account of the sincere intention of the parties, that their issue ought to be regarded as legitimate. But his divorce and second marriage had been con- cluded in direct opposition to the see of Rome; and though they had been r.atified by the authority both of the English parliament and convocation, those who were strongly attached to the catholic communion, and who reasoned with great strictness, were led to regard them as entirely invalid, and to deny altogether the queen's right of succession. The next heir of blood was the queen of Scots, now married to the dauphin ; and the great power of that princess, joined to her plausible title, rendered her a formidable rival to Eliz.ibeth. The king of Fi-ance had secretly been soliciting at Rome a bull of excommunication against the queen ; and she h.ad here been beholden to the good offices of Pliilip, wdio, from interest more than either friendship or generosity, had negociated in lier favour, and had s\iccessfully opposed the pretensions of Henry. But the court of France w.os not discou- raged with this repulse : the duke of Guise, and his brothers, thinking that it would augment their credit if their niece should bring an .accession of Englaud,.as she had already done of Scotland, to the crown of Fr.ance, engaged the king not to neglect the claim ; and, by their persu.asion, ho ordered his sou and daughter in-law to assume opeuly the arms .as well as title of England, and to quarter these arms on .all their equi- pages, furniture, and liveries. When the English am- bass.ador conipl.ained of this injury, he could obtain nothing but an evasive answer — that as the queen of Scots was descended from the blood royal of Engliind, she was entitled, by the ex.amplo of many princes, to .assume the arms of that kingdom. But besides that this practice h.ad never prevailed witliout ]iermission being first obtained, and without making a visible dif- ference between the arms, Elizabeth plainly saw, that this pretension had not been advanced during the reign of her sister Mary ; and th.at therefore the king of j France intended, on the first opportunity, to disp\ite her legitimacy, and her title to the crown. Alarmed at the danger, she thenceforth conceived a violent jealousy against the queen of Scots; and was deter- mined, as far as possible, to incapacitate Henry from the oxecution of his project. The sudden death of that monarch, who was killed in a tournament at Paris, while celebrating the espousals of his sister with the duke of Savoy, altered not her views. Being in. formed that his successor. Frauds II., still continuec' to assume, without reserve, the title of king of Eng. land, slie began to consider liim and his queen .as her mortal enemies ; and the present situation of affairs iu Scotland aflbrded her a favourable opportunity both of revenging the injury, ami providing for her own safety. AFFAIRS IN SCOTLAND. The murder of the cardimil-iirimato at St. Andrews had deprived the Scottish catholics of a head, whose severity, courage, and capacity h.ad rendered him ex- tremely formidable to the innovators in religion ; and the execution of the laws against heresy began thence- forth to he nioie remiss. The queen regent governed the kingdom by prudent and moderate counsels ; and as she was not disposed to sacritice the civil interests of tlie state to the bigotry or interests of the clergy, she deemed it more expedient to temporize, and to connive at the progress of a doctrine which she had not puwer entirely to repress. When informed of the death of Edward, and the .accession of Mary to the crown ot England, she entertained hopes, that the Scottish re- formers, deprived of the countenance which tliey received from that powerful Kingdom, would lose their ardour with their prcspect of success, and would gra- dually return to the faith of their ancestors. But the progress and revolutions of religion are little governed by the usual maxims of civil policy; and tlie event much disappointed the exijcctations of the regent. Many of the English preachers, terrified with the seve- rity of Mary's government, took shelter iu Scotland, where they found more protection, and a milder admi- nistrati(Mi, and while they propagated their theological tenets, they filled the whole Idngdom with .a just hor- ror against the cruelties of the bigoted catholics, and showed their disciples the fate w hicli they must expect, if ever their adversaries should attain an uncontrolled authority over them. A hierarchy, moderate in its acquisitions of poweraud riches, may safely grant a toleration to sectaries; and the more it softens tlie zeal of innovatm-s by lenity and liberty, the more securely will it possess those advantages which the legal estahlishnients bestow upon it. But where supersttion has raised a church to such an exorbitant height as that of Rome, persecu- tion is less the result of bigotry in the priests, than of a necessary policy ; and the rigour of law is the only method of repelling the attacks of men who, besides religious zeal, luive so many other motives derived both from public and private interest, to engnge them on the side of innovation. But though such overgrown hierarchies in.ay long support themselves by these vio lent expedients, the time conies when severities teud only to enrage the new sectaries, and make them break through all bounds of reason and «ioderation. This crisis was now visibly approaching in Scotland; and whoever considers merely the transactions resulting from it, will be inclined to throw the blame equally on both parties ; whoever enlarges his view, and reflects on the situations, will remark the necessary progress of human affairs, and the operation of those principles which are inherent in human nature. REFORMATION IN SCOTLAND. Some lie.ads of the reformers in Scotland, such .as the earl of Argyle, his son, lord Lome, the earls of Morton and Glencarne, Erskine of Dun, and others, fibserving the danger to which they were expi)sed. and desirous to propagate their principles, entered privately into a bond or association ; and called themselves me Congreffalion of the Lord, iu contradistinction to thoestau- lished church, which they denominated the congiv,;-a- Chap. XXXVIH.] ELIZABETH 1558—1603. 447 tion of Satan. The tenor of the bond was as follows : " We perceiving how Satan, in his memhers, tlie anti- clirist of our time, do cruelly rage, seeking to ovei'- throw and to destroy the gospel of Clirist and his con- gregation, ought, according to our bonnden duty, to strive, in our Sr.oster's cause, even unto the death, being certain of the victory in him. We do tlierefore promise, before the m.ijesty of God and his cougrega- tion, that we, by his grace, shall with all diligence continually apply our whole power, suostance, and our very lives, to maintain, set forward, and establisii the most blessed word of God and his congregation ; and shall labour, by all possible me.ans, to have faitliful ministers, truly and purely to minister Christ's gospel aud sacraments to his people : we shall maintain tliera, nourish them, and defend them, the whole congrega- tion of Christ, and every member tliereof, by our whole power, and at the hazard of our lives, against Satan, and all wicked power who may intend tyranny .and trouble .ag.iinst the said congregation : unto wliich holy word and congregation we do join ourselves; aud we forsake and renounce the congregation of Satan, with all the supersiitions .abomination and idolatry thereof: and moreover shall declare ourselves manifestly ene- mies thereto, by this faithful prom.ise before God, tos- tiHod to this con:;regat ion by our subscriptions. At Kdiuburgli, the third of December, 1557." H.ad the subscribers of this zealous league been con- tent only to demand a toleration of the new opinions; however incompatible their pretensions might have been with the policy of the church of Rome, they would have had the praise of opposing tyrannical laws, enacted to support an estal)lishuient prejudicial to civil society : but it is plain tliat they carried their views much further ; and their practice immediately disco- vered the spirit by which they were actuated. Sup- ported by the authority which they thought belonged to them as the congreg.ation of the Lord, tliey ordain- el, that prayers iu the vulgiir tongue' should be used in .all the parish churches of the kingdom; and that preaching, and the interpretation of the scriptures, sliould be practised in private houses, till God should move the prince to great public preaching by faithful and true ministers. Such bonds of association are always the forerunners of rebellion ; and this violent invasion of the established religion was the actual com- mencement of it. r>efore this league was publicly known or avowed, the clergy, alarmed with the progress of tlie Reforma- tion, attempted to recover tlieir lost authority by a violent exercise of power, which tended still furtlier to augment tlie zeal and number of their enemies. Ilamil- tou. the primate, seized Walter Jlill, a priest of an irre- proachable life, who had embr.aced the new doctrines ; and having tried him at St. Andrews, condemned him to the flames for heresy. Such general aversion was ■mtertained against this barbarity, that it was some lime before the bishojis could prevail on any oue to act the part of a civil judge, .and pronounce sentence upon Mill ; and even after the time of his execution was fixed, all the shops of St. .\ndrews being shut, no oue would sell a rope to tie him to the stake, and the pri- mate himself was obliged to furnish this iuiplen\ent. The man bore the torture with that courage which, though usual on these occasions, always apjiears super- natural and astonishing to the multitude. The people, to express their abhorrence against the cruelty of the priests, raised a monument of stones on the place of his execution; aud as fast as the stones were removed by order of the clergy, they were again supplied from the voluntary zeal of the populace. It is in vain for men to oppose the severest punishment to the unitid motives of religion and public applause; and this was the last barbarity of the kind which the catholics had the power to exercise in Scotland. Some time after, the people discovered tlieir senti- • Tlie reformere wed at that time kit Forties, p. t6&. Jldward'i liturgy in Scotlaod.— mouts in such a manner as was sufficient to prognosti. cate to the priests the fate whicli was awaiting them. It was usual on the festival of St. Giles, the tutelar saint of Kdiuburgh, to carry in procession the imai'e of that s.aiut ; but the proteslauts, iu order to prevent the ceremony, found means, on the eve of the festival, to purioin the statue from the church ; and they pleased themselves with imagining the surprise and disappointment of his votaries. Tlie clergy, however framed hastily a new image, which, in derision, was called by the people young tit. (iilcs; and they carried it through the streets, attended by all the ecclesiastics in the town and neighbourhood. The multitude ab- stained from violence so long as the queeu-ren-ent con- tinued a spectator, but the monieut she retired, they invaded the idol, threw it in the mire, and broke it iu pieces. The flight and tciior of the priests and friars, who, it was leinarked, deserted in his greatest distress the object of their worship, was the source of universal mockery and laughter. Kncouraged by all these appearances, the Congrega- tion proceeded with alacrity in openly soliciting sub- scriptions to tlieir league ; aud the dtatli of .Mary of England, with the accession of Elizabeth, which hap- pened about this time, contributed to iucrease their hopes of final success in their undertaking. They ven- tured to present a petition to the regent, craving a reformation of the church, and of the wicked, scandalous, and detestable lives of the prelates and ecclesiastics. Tliey framed a petition, ivhich they intended to present to parliament, aud iu which, after premising that they could not commuuicate with the damnable idolatry and intoleralile abuses of the p.ajiistical church, they desired, that the laws against heretics should be exe- cuted by the civil magistrate alme, and that the scrip- ture should be the sole rule in judging of heresy. They even petitioned the convocation, and insisted that pray- ers should be said in the vulgar tongue, and that bishops should be chosen with the consent of the "en- try of the diocese, aud priests with the consent of the parisliioners. The regent prudently temporised between these parties; and as she aimed at procuiiu"- a matri- monial crown for her son-in-law, the dauphin, she was, on that .as well as other account.s, unwilling to come to extremities with either of them. But after this concession was obtained, she received orders from France, probably dictated by the violent spirit of her brothers, to pioceed with rigour against the reformers, and to restore the royal authority by some signal act of power. She made the more eminent of the protestant teachers be cited to apj.ear before the council at Stirling; but when tlieir followers were marching thitlier in great multitudes, in order to pro- tect and countenance them, she entertained apprehen- sions of an insurrection, iind, it is said, dissipated the peojile by a promise \_See note 3 h, at the end of this To/.] that nothing should be done to the prejudice of the ministers. Sentence, however, was passed, by which all the ministers were pronounced rebels on account of their not appearing: a measure which en- r.aged the people, and made them resolve to oppose the regent's authority by force of arms, and to proceed to extremities against the clergy of the established religion. In tliis critical time, John Knox arrived from Ge- neva, where he had passed some years in banishment, and where lie h.ad imbibed, from his commerce with Calvin, the highest fanaticism of his sect, augmented by the native ferocity of his own character. He had been invited back to Scotland by the leaders of tlie Retormation; aud mounting the pulpit at Perth, (1 1th Jfay,) during the present ferment of men's minds, he declaimed with his usual vehemence .against the idola- try and other abominations of the church of Rome, .and incited Lis audience to exert their utmost zeal for its subversion A priest was so imprudent after this sermon, as to open his repository of images and re- lics, and prepare himself to say n'lass. The audience. 448 THE HISTORY OF ENGLAND [CiiAP. xxxviir. exalted to a disposition for anyfiiiious enteipnso, were as imich eiirasrd as if tlic spectacle liad not been quite familiar to tliem : they attacked the priest with fury, broke the images in pieces, tore the pictures, overthrew the altars, scattered about the sacred vatcs, and left jio imphmient of idolatrous worship, as they termed it, entire or uudefaced. They thence proceeded with additional numbers and augmented raje, to the monas- teries of the grey and black friars, whicli they piUaged in an instant : the Carthusians underwent the same fate; and the populace, not content with robhin;,' and cxpellini,' the monks, vented their fury on the build- ings which had been tlie receptacles of such abomina- tion ; and in a little time nothiu"; but the walls of these edifices were left standing. The inhabitants of Coulter in Fife soou after imitated the example. CIVIL WARS IN SCOTLAND. The queen-regent, provoked at these violences, as- sembled an army, and prepared to chastise the rebels. She had about two thousand French nnder her com- mand, with a few Scottish troops; and being assisted by such of ihe nobility as were well affected to her, she pitched her camp within ten miles of Perth. Even the earl of Argyle, and lord James Stuart, prior of St. An- drews, the queen's natural brother, though deeply en- gaged with the reformers, atteiuied the regent in this enterprise, cither because they blamed the fury of the populace, or hoped, by their own influence and autho- rity, to mediate some agreement between the parties. The Congregation, on the other hand, made prepara- tions for defence ; and being joined by the earl of Glen- canie from the west, and being countenanced by many of the nobility and gentry, they appeared formidable from their numbers, as well .as from the zeal by which they were animated. Tliey sent an address to the re"ent, where they plainly insinuated, that if they were pursued to extremities by the cniel beasts the church- men, they would have recourse to foreign powers for assistance; and they subscribed themselves her faith- ful subjects in all things not repugnant to God, assum- ing, at the same time, the name of the faithful congre- ga"tion of Christ Jesus. They applied to the nobility attendiii" licr, ami maintained that their own past vio- lences were justified by the word of God, which com- mands the godly to destroy idolatry, and all the monu- ments of it; and though all civil authority w.as sacred, yet was there a great difference between the authority and the persons wdio exercised it ; and that it ought to be considered, whether or not those abominations, called by the pestilent papists, Religion, and which they defend by fire and sword, be the true religion of Christ Jesus. They remonstrated with such of the queen's army as had formerly embraced their party, and told them, " That as they were already reimted traitors by God, they should likewise be excommuni- cated from their society, and from the participation of the sacraments of the church, which God hy his mighty power had erected among them ; whose ministers have the same authority which Christ granted to his apostles in tliese words, — Whcse sins ye shall Jbiyive shall be for- given, and whose sins ye shall retain shall be retaincil." We may here see, that these now saints were no less lofty in their pretensions than the ancient hierarchy : no wonder they were enraged against the latter as their rivals in dominion. They joined to all these declarations an address to the establldied church ; and they affixed this title to it : " To the generation of an- tichrist, the pestilent jjielates and their shavelings in Scotland, the Cmigreg.ation of Christ Jesus within the same sayeth." The tenor of tlie manifesto was suitable to the title. They told the ecclesiastics, "As ye by tyranny intend not only to destroy our bodies, but also by the same to hold our souls in bondage of the devil, subject to idolatry ; so shall we with all the force and power which God shall grant unto us, execute just veii- eeanco and punishment upon you : yea, we shall begin that same war which God commanded Israel to cxa- cute against the Can.aanites ; that is, contract of peace shall never be made till you desist from your open idolatry and cruel persecution of God's children. And this, in the name of the eternal (Jod, and of his Son Christ Jesus, whose verity we profess, and gospel wo have preached, and holy sacraments rightly adminis- tered, we signify unto you, to be our intent, so far as God will assist us to withstand your idolatry. Tako this for warning, and be not deceived." With tlieso outrageous symptoms commenced in Scotland that cant, hypocrisy, and fanaticism which long infested that kingdom, and which, though now mollified hy tiie lenity of the civil power, is still ready to break out ou all occasions. The quceu-regent, finding such obstinate zeal in the rebels, was content to embrace the counsels of Argyle and the prior of St. Andrews, and to form an accom- modation with them. She was received into Perth, w Inch subinitteii, on her promising an indemnity for past offences, and engaging not to leave any French garrison in the place. Comidaints, very ill founded, immediately arose concerning the infraction of this caiiitulation. Some of the inhabitants, it was pre- tended, were molested on account of the late violences; and some companies of Scotch soldiers, supposed to be in French pay, were quartered in the town ; which step, though taken on very plausible grounds, was loudly exclaimed against by the Congregation. It is asserted, that the regent, to justify these measures, de- clared that princes ought not to have their promises too strictly urged upon them ; nor was any fiiilh to be kept with heretics ; and that for her part, could the iiml as good a colour, she would willingly bereave all these men of their lives and fortunes. But it is nowise likely that such expressions ever dropped from this prudent and virtuous princess. On the contrary, it appears, that all these violences were disagreeable to her ; that she was in this particular overruled by the aulhority of the French counsellors placed about her ; and tlmt she often thought, if the management of those affairs had been intrusted wholly to hirself, she coidd easily, without force, liave accommodated all difFer- cnces. [Seenote3M, at the end of this Vol.] Tlie Congregation, inflamed with their own zeal, and enraged by these disappointments, remained not long in tranquillity. Even before they lel't Perth, and wdiile .as yet they had no colour to complain of any violation of treaty, they had signed a new covenant, in whicli, besides their engagements 'o mutiuil defence, they vowed, in the name of Goo, to emplny their wdiolo power in destroying everything that dishonoured liis holy name; and this covenant was subscribed, among others, by Argyle and the prior of St. Andrews. Those two leaders now desired no better pretence for desert- ing the i-egent and openly joining their associates, than the complaints, however doubtful, or rather false, of her breach of promise. The Congregation .also, en- couraged by this accession of force, gave themselves up entirely to the furious zeal of Knox, and renewed at Crail, Anstruther, and other places in Fife, like de- ]n-edations on the churches and monasteries with those formerly committed at Perth and Coiiper. The regent, who marched against them with her army, fdiding their ])ower so much increased, was glad to conclude a truce for a few days, and to pass over with her forces fo the Lothians. Tlio reformers besieged and took Perth ; proceeded thence to Stirling, where they exercised their usual fury : finding nothing able to resist them, they bent their march to Edinburgh, the inhabitants nf which, as they had already anticipated the zeal of the Congregation against the church. 'S and meiiasteries, gladly opened their gates to them. The regent, with a few forces which remained with her, took shelter in Dunbar, where she fortified herself, in expectation of a re-entbrccment from France. Meanwhile, she employed her partisans in represent- ing to the people the dangerous consequences of this MART STTUAK-T. Q Chaf. XXXVIII.] ELIZABETH, 1538—1603 449 open rebollion ; and she endeavoured to convince tliem, that the lord James, under jiretenee of religion, had formed the scheme of wresting the sceptre from the hands of the sovereign. By these considerationsniauy were engaged to desert the army of the Congregation ; but much more by the want of pay, or any means of subsistence ; and the regent, observing the malcontents to be much weakened, ventured to march to Edinburgh with a design of suppressing them. On the interposi- tion of the duke of Chatelrault, who still adhered to her, she agreed to a capitulation, in which she granted them a toleration of their religion, and they engaged to commit no further depredations on tlie churches. Soon after they evacuated the city; and before they left it, they proclaimed the articles of agreement ; but they took care to publish only the articles favourable to themselves; and they were guilty of an imposture, in adding one to the number, namely, that idolatry should not again be erected iu any place w here it was at that time suppressed. [See nolei'S, alllie endof this IV.] An agreement concluded wliiie men were in this dis- position could not be durable ; and both sides endea- voured to strengthen themselves as much as possible against the ensuing rupture which appeared inevit- able. The regent, having got a re-enforcement of one thousand men from France, began to fortify Leith ; and the Congregation seduced to their party the duke of Chatelrault, who had long appeared in- clined to join them, and who was at last determined by the arrival of liis son, the earl of Arian, from Fiance, where he had escaped many dangers, from the jealousy, as well as bigotry, of Henry and the duke of Guise. More French troops soon after disembarked under the command of La I3rosse, who was followed by the bi- shop of Amiens, and three doctors of the Sorbonne. These last were supplied withstores of syllogisms, autho» rities, citations, and scholastic arguments, which they intended to oppose to the Scottish preachers, and which, they justly presumed, would atijuire force, and produce conviction, by the iutiuence of the French arras and artillery. The constable Jrontmorency had always opposed the marri.age of the dauphin with the queen of Scots, and Iiad foretold, that by forming such close connexions with Scotland, the aucient league would be dissolved ; and the natives of that kingdom, jealous of a foreign yoke, would soon become, instead of allies attached by interest and inclination, the most inveterate enemies to the French government. But though the event seemed now to have justified the prudence of that aged minister, it is not improbable, considering the violent counsels by which France was governed, that the insur- rection was deemed a favourable event ; as affording a pretence for sending over armies, for entirely subduing the country, for attainting the rebels, and for preparing means thence to invade England, aud support jlary's title to the crown of that kingdom. The leaders of the Congregation, well acquainted with these views, were not insensible of their danger, and saw that their only s.afety consisted in the vigour and success of their measures. They were encouraged by the intelligence received of the sudden death of Henry II.; and having passed an act from their own authority, depriving the queen-dowager of the regency, and ordering all the French troops to evacuate the kingdom, they collected forces to put their edict in execution against them. They again became masters of Edinburgh ; but found themselves unable to keep long jiossession of that city. Their tumultuaiy armies, assembled in luiste, and sup- ported by no pa)-, soon separated upon the least disaster, or even any delay of success ; and were incapable of resisting such veteran troops as the French, who were also seconded by some of the Scottish nobihty, among whom the earl of Bothwel distinguished himself. Hearing that the marquis of Klbeuf, brother to the regent, was levying an army against them in Germany, they thought themselves excusable for applying, in tlus extremity, to the assistance of England ; aud as Vol. I. the sympathy of religion, as well as regard to nationtj liberty, had now counterbalanced the ancient animosity against that kingdom, this measure was the result of inclination, no less than of interest. [Hve A'ole 3 0, at the end of this To/.] JIaitland of Lidington, therefore, and Eobert Melvil, were secretly dispatched by the Congregation to sohcit succours from Elizabeth. INTERPOSITIOX OF THE QUEEN IN SCOTCH AFFAIRS. The wise council of Elizabeth did not long delibeiato ni agreeing to this request, which concurred so well with the views and interests of their mistress. Cecil in particular represented to the queen, tlmt the luiion of the crowns of Scotland and France, both of them tlie hereditary enemies of England, was ever regarded as a pernicious event ; and her iiUher, as well as pro- tector Somerset, had employed every expedient, both of war and negociation, to jjreveut it: that the claim, which JIai-y advanced to the crown, rendered the pre- sent situation of England still more dangerous, and demanded, on the part of the queen, the greatest vigi- lance and precaution : that the capacity, ambition, and exorbitant views of the family of Guise, who now governed the French counsels, « ere sufficiently known ; and they theuiselvcs made no secret of their design to. jilace their niece on the throne of England : that, deem- ing themselves secure of success, they had already, somewhat imprudently and prematurely, taken off the mask; and Throgmorton, the English aniba.ssidor at Paris, sent over, by every courier, incontestabjo proofs of their hostile intentions : that they only waited till Scotland should be entirely subdued ; aud having thus deprived the English of the advantages resulting from their situation aud naval power, they piepared means for subverting the queeu's authority : that the zealous catholics iu England, discontented with the present go- vernment, aud satisfied in the legality of JIary's title, would bring them considerable re-enforcement, and would disturb every measure of defence against that formidable power : that the only e.xpcdient for prevent- ing these designs was to seize the present ojiportunity, aud take advantage of a like zeal in tlia protestants of Scotland ; nor could any doubt be entertained with re- gard to the justice of ameasme, founded on such evi- dent necessity, and directed only to the ends of self- preservation : that though a French war, attended with great expense, seemed the necessary consequence of supporting the malcontents of Scotland, that power, if removed to the continent, would be much less formid- able ; and a small disbursement at present would in the end be found the greatest frugality: and that the do- mestic dissensions of France, which every day au"-- mented, together with the alliance of Phili]), wlio, notwithstanding his bigotry and hypocrisy, would never permit the entire conquest of England, were sufficient to secure the queen against the daugerous ambition aud resentment of the house of Guise. EUzabeth's propensity to cautiou and economy was, though with some difficulty, overcome by these jjower- ful motives; and she prepared herself "to support, by arms and money, the declining affairs of the Congrega- tion in Scotland. She equipped a fleet, which con- sisted of thirteen ships of war ; and giving the com- manil of it to Winter, she sent it to the Frith of Forth ; she appointed the young duke of Norfolk her lieutenant in the northern counties; and she assembled at Berwick an army of eight thousand men, under ttie command of lord Grey, warden of the east aud niiddio marches. Though the court of France, sensible of the danger, olTered her to malie immediate restitution of Calais, provided she would not interpose in the aftaii's of Scotland ; she resolutely replied, that she never would jnit an inconsiderable fishing-town in competi- tion with the safety of her dominions; and she Etfll continued her preparations. She concluded a treaty oi mutual defence with the Congregation,which was to last 3 M •150 THE HISTORY OF ENGLAND. [Chap. XXXVID.. dnrhigtlio marriage of the q<\.een of Scotswith Francis, and a year after ; and she promised never to desist till the Freneli Iwid entirely evacuated Scotland. And liaviiif; thus talvcu all proper measures for success, and received from the Scots six hostages for the perform- ance of articles, she ordered her fleet and army to begin their operations. SETTLEMENT OF SCOTLAND. 15G0. The appearance of Elizabeth's fleet in the Frith (15th Januai-y) disconcerted the French army, who were at that timo ravaging the county of Fife ; and obliged them to maliC a circuit by Stirling, in order to reacli Leith, where they jjrejiared themselves for de- fence. The English army, re-euforced by five thousand Scots, sat down before the place ; and after two skir- mishes — in tlie former of which the English had the advantage, in the latter the French — they began to hatter the town; and, though repulsed with consider- able loss in a rash and ill-conducted assault, they re- duced the garrison to great difficulties. Their distress was augmented by two events; the dispersion by a storm of d'Elbeuf's fleet, whicli carried a considerable army on boanl, and the death of the queen-regent, who expired about this time in the castle of Edinburgh ; a woman endowed with all the capacity which shone forth in her family, but possessed of much more ™'tue and moderation than appeared in the conduct of the other branches of it. Tlie French, avIio found it im- possible to subsist for want of provisions, and who saw that the English were continually re-enforced by fresh numbers, were obliged to capitulate : and the bishop of Valence and count Randan, plenipotentiaries from France, signed a treaty at Edinburgh (5th July) with Cecil and Dr. Wotton, whom JOlizabeth had sent thither for tliat purpose. It was there stipulated, that the French should instantly evacuate Scoth\nd ; that the king and queen of France and Scotland should thenceforth abstain from bearing the arms of England, or assuming the title of that Idngdom; that further satisfaction for the injury already done in that par- ticular should be granted Elizabeth ; and the commis- sioners should meet to settle this point, or if they could not agree, that the king of Spain should be umpire be- tween the crowns. Besides these stipulations, which regarded England, some concessions were granted to the Scots ; namely, that an amnesty shoidd be pub- lished for all past ofi^ences; that none but natives should enjoy any office in Scotland; that the states should name twenty-four persons, of whom the queen of Scots should choose seven, and the states five, and in the hands of these twelve should the whole adminis- tration be placed during the queen's absence; and that Mary should neitlier make peace nor war without consent of the states. In order to hasten the execu- tion of this important treaty, Elizabeth sent ships, by wliieh the French forces were transported into their own country. Thus Europe saw, in the first transaction of this reign, the genius and capacity of the queen and her ministers. She discerned at a distance the danger which threatened her; and instantly took \'igorous measures to prevent it. Making all ])ossible advan- tages of her situation, she proceeded with celerity to a decision; and was not diverted by any offers, negoci- ations, or remonstrances of the French court. She Btopped not till she had brought the matter to a final issue ; and bad converted that very power, to which lier enemies trus I ed for her destruction, in to her firmest support and security. By exacting no improper con- ditions from the Scottish malcontents, even duiing their greatest distress, she established an entire confi° dence with them ; und having cemented the union by nil the ties of gratitude, interest, and reliuted to Mary all tlie mortifications which she had met with duiing Francis's lifetime, took care to retali- ate on her by like injuries ; and the queen of Scots, finding her abode in France dis.agrceable, began to think of returning to her n.ative country. Lord James, who had been sent in deputation from the states to in- vite her over, seconded these intentions ; and she ap- plied to Elizabeth, by D'Oisel, for a safe-conduct, in case she should be obliged to pass through England : but she received for answer, that, till she had given satisfaction, by ratifying the treaty of Edinburgh, she could expect no favour from a person whom she had so much injured. This denial excited her indignation ; and she made no scruple of expressing her sentiments to Throgmorton, when he reiter.ated bis applications to gratify his mistress in a demand which he represented as so reasonable. Having cleared the room of her at- tendfints, she said to him, " How weak I ni.ay prove, or how far a woman's frailty ni.ay transport me, I cannot tell : however, I am resolved not to have so manv wit- nesses of my infirmity as your mistress had at her au- dience of my ambassador, D'Oi-sel. There is nothing disturbs me so much, as the h.aving asked, with so much importunity, a favour wliicli it was of no conse- quence for me to obtain. I can, with God's leave, return to my own country without her leave ; as I came to France, in spite of all the opposition of her brother, king Edward : neither do I'want friends both able and willing to conduct me home, as they lia\-o brought me hither ; though I was desirous r.ather to make an experiment of your mistress's friendship, than of the assistance of any other person. I have often heard you s.ay, that a good correspondence be- tween her and myself would conduce much to the security and happiness of both our kingdoms : were she weU convinced of tlus truth, she would hardly have 4'>2 THE HISTORY OF ENGLAIVD. [Chap .XXXVIII, denied me so small a request. But, perhaps, she bears R better inclination to m.v rebellious subjects than to me, tlieir sovereign, lier equal in royal dignity, her near relation, and the undoubted lieir of her king- doms. Besides Iier friendship, I ask notliing at her hands : I neitlier trouble lier, nor concern myself in the aflairs of her state : not that I am ignorant, tliat there are now in England a great many malcontents, who are no friends to tlie present establishment. Slie is pleased to upbraid me as a person little experienced in the world. I freely own it ; but age will c\irc that defect. However, I am already old enough to acquit myself honestly and courteously to my friends and re- lations, and to encourage no reports of your mistress, wliich would misbecome a queen and her kinswoman. I would also say, by her leave, that I am a ipiocn as well as she, and not altogether friendless : and, per- haps, I have as great a soul too ; so that incthinks we should be upon a level in our treatment of each other. As soon as I have consulted the states of my kingdom, I sliall be ready to give her a reasonable answer ; and I am the more intent on my journey, in order to make the quicker dispatch in this atfair. But .she, it seems, intends to stop my journey ; so that either she will not let me give her satisfaction, or is resoh'ed not to be satisfied ; perhaps on purpose to keep up tlie dis- agreement between us. She has often reproaclied me witli my being young ; and I must be very young in- deed, and as ill-advised, to treat of matters of such great concern and importance without the advice of my parliament. I liave not been wanting in all friendly offices to her; but she disbelieves or overlooks tliem. I could heartily wish, that I were as nearly allied to her in affection as in blood : for that, indeed, would be a most valuable alUance." ARRIVAL OF MARY IN SCOTLAND. August 19 Such a spirited reply, notwithstanding the obliging terms interspersed in it, was but ill fitted to conciliate friendship between these rival princesses, or cure those mutual jealousies which had already taken place. Elizabeth equipped a fleet on pretence of pursuing pirates, but probably with an intention of intercepting the queen of Scots in her return homewards, llary embarked at Calais ; and passing the English fleet in a fog, .arrived safely at Leith, attended by her three uncles, the duke of Anmale, the grand prior, and tlie marquis of Elbeuf, together with the marq\iis of Dam- ville, and other French courtiers. This change of abode and situation was very little agreeable to that princess. Besides her natural prepossessions in favour of a countiy in wliich she had been educated from her earliest infancy, and where she had borne so high a rank, she could not forbear both regretting the society of that people, so celebrated for their Inimane disposi- tion, and their respectful attachment to their sove- reign, and reflecting on the disparity of the scene which lay before her. It is s.aid tliat, after she was emb.arked at Calais, she kept her eyes fixed on the coast of France, and never turned them from that be- loved object, till darkness fell and intercepted it from her view. She then ordered a couch to be spread for her in the open air ; and charged the pilot, that if in the morning the laud were still in sight, he should awake her, and afford her one parting view of that country, in which all her affections were centered. The weatlier proved calm, so that the ship made little way in the night-time : and Maiy had once more an opportunity of seeing the French coast. She sat upon her couch, and still looking towards the land, often re- peated these words : " Farewell, France, farewell ; I shall never see thee more." The first aspect, however, of things in Scotkind was more favourable, if not to her pleasure and happiness, at least to her repose and security, than she had reason to apprehend. No sooner did the French galleys appear off Leith, than people of all ranks, who had long expected their ar- rival flocked towards the shore with an earnest impa- tience to behold and receive their young sovereign. Some were led by duty, some by interest, some by curiosity ; and all combined to express their attach- ment to her, and to insinuate themselves into her con- fidence, on tlie commencement of her administration. She had now reached her nineteenth year ; and the bloom of her youth and amiable beauty of her person were further recommended by the afl\.ibility other ad- dress, the politeness of her manners, and the elegance of her genius. Well accomplished in all the super- ficial, but engaging graces of a court, she afforded, when better known, .still more promising indications of her character; and men prognosticated both hu- manity from her soft and obliging deportment, and penetration from her taste in all the refined arts of music, eloquence, and poetry. And as the Scots had long been deprived of the presence of their sovereign, whom they once despaired ever more to behold among them, her arrival seemed to give universal satisfaction; and nothing appeared .about the court but symptoms of aft'ection, joy, and festivity. The first measures which Mary embraced confirmed all the jirepossessions entertained in her favour. She followed the advice given her in France by D'Oisel and the bishop of Amiens, as well as her uncles ; and slie bestowed her confidence entirely on the leaders of the leformed party, who had greatest influence over the people, and who, she found, were alone able to support her government. Her brother, lord James, whom she soon after created earl of JIurray, obtained the chief authority ; and after him Lidington, secre- tary of state, a man of great sagacity, had a principal share in her confidence. By the vigour of these men's measures she endeavoured to establish order and jus- tice in a country divided by public factions and pri- vate feuds ; and that fierce, intractable people, unac- quainted with laws and obedience, seemed, for a time, to submit peaceably to her gentle and prudent admi- nistration. But there was one circumstance which blasted all these promising appearances, and bereaved Mary of that general favour which her agreeable manners and judicious deportment gave her just reason to expect. She w.as still a papist ; and though she published, soon after her arrival, a proclamation, enjoining every one to submit to the established religion, the preachers and their adherents could neither be reconciled to a person polluted with so great an abomination, nor lay aside their jealousies of her fnture conduct. It w.as with great difficulty she could obtain permission for saying mass in her own chapel ; and h.ad not the people apprehended, that, if slie had here met with a refusal, she would instantly have returned to France, the /e.alots never would have granted her even that small indulgence. The cry was, " Shall wo suffer that idol to be again erected within the lealm ••" It was asserted in tlie pulpit, that one mass was more terrible than ten thousand armed men landed to invade tlie kinn-dom ; lord Lindesey, and the gentlemen of Fife, exclaimed, "Th.at the idolater should die the death ;" such was their expression. One that carried tapers for the ceremony of that worship, was attacked and insulted in the court of the palace : and if lord James, and some popular leaders, had not interposed, the most dangerous uproar was justly apprehended from the ungoverned fiiiy of the multitude. The usual prayers in the churches were to this purpose : that ■ God would turn the queen's heart, which was obstinate ag.ainst hiu-. and his truth ; or if his lioly will be otherwise, that he would strengthen the liearts and hands of the elect, stoutly to oppose the rage of all tyrants. Nay, it w.as openly called in question, whether that princess, being an idolatress, was entitled to any authority, even in civil matters. The helpless queen was every moment exposed to contumely, which she bore with benignity and pa- tience. Soon after her arrival she dined in the castle Ch^p. XXXVIII,] ELIZABETH, 1558—1603. +63 of Edinl/iirgh, and it was there contrived, that a boy, six years of aje, should be let down from the roof, nnd should present her with a bible, a psalter, and the keys of the castle. Lest she should be at a loss to understand this insult on her as a papist, all the deco- rations expressed the burning of Corah, Datlian, and Abiram, and other punishments inflicted by God upon idolatry. The town-council of Edinburgh had the as- surance, from their own autliority, to issue a pro- clamation, banishing from their district " all the wicked rabble of antichrist, the pope, such as priests, monks, friars, together with adulterers and forni- cators." And because the privy-council suspended the magistrates for their insolence, tlie passionate histo- rians of that age have inferred, that the queen was engaged, by a sympathy of manners, to take adul- terers and fornicators under her protection. It ap- pears probaJjle, that the magistrates were afterwards reinstated in their office, and that their proclamation was confirmed. But all the insolence of the people was inconsi- derable in comparison of that which was exercised by the clergy and tlie preachers, wlio took a pride iu vilifying, even to her face, this amiable princess. The assembly of the churcli framed an address, in which, after telling her, that her mass was a bastard ser- vice of God, the fountain of all impiety, and the source of every evil which abounded in the realm ; they expressed their hopes, that she would ere this time have preferred truth to her own preconceived opinion, and have renounced her religion, which, they assured her, was nothing but abomination and vanitj'. They said that the present abuses of government were so enormous, that, if a speedy remedy were not pro- vided, God would not fail in his anger to strike the head and the tail, the disoheJicnt prince and sinful people. They required, that severe punishment shoidd he inflicted on adulterers and fornicators. And they concluded with demanding for themselves some addi- tion both of power and property. The ringleader in all these insults on majesty was John Kno.\ ; who possessed an uncontrolled authority in the church, and even in the civil affairs of the n.a- tion, and who triumphed in the contumelious usage of his sovereign. His usual appellation for the queen was Jezebel; and though she endeavoured, by the most gracious condescension, to win his favour, all lier insinuations could gain nothing on his obdurate heart. She promised him access to her whenever be demanded it ; and she even desired him, if he found her blameahle in anything, to reprehend her freely in private, rather than vilify her in the pulpit before the whole people : but he plainly told her, that he had a public ministry intrusted to him ; that if she would come to church, she should there hear the gospel of truth ; and that it was not his business to apply to every individual, nor had he leisure for that occu- pation. The political principles of the m.an, which he communicated to his brethren, were as full of sedition as his theological were of rage and bigotry. Though he once condescended so far as to tell the queen that he would submit to her, in the same manner as Paul did to Nero, he remained not long in this dutiful strain, lie said to her, that " Samuel feared not to slay Agag, the fat and delicate king of Amalek, whom king Saul had saved : neither spared Elias Jezebel's false prophets, and Baal's priests, though king Ahab was present. Phineas," added he, "was no magistrate ; yet feared he not to strike Cosbi and Zimii in the very act of filthy fornication. And so, madam, your grace may see, that others than chief magistrates may law- fully inflict punishment on such crimes as are con- demned by the law of God." Knox had formerly, during the reign of Mary of England, written a book against female succession to the crown ; the title of it is. The first Blast of the Trumpet against the monstrous Regimen of Women. He was too proud either to recant tho tenets of this book, or even to apologize for them ; and his conduct showed, that he thought no more civility than loyalty due to any of the female sex. The whole life of Mary was, from the demeanour of these men, filled with bitterness and sorrow. This rustic apostle scruples not, in his history, to inform us, tliat he once treated her with such severity, that she lost all command of temper, and dissolved in tears before him : yet, so far from being moved with youtli, and beauty, and royal dignity reduced to that condition, he pei-severed in his insolent reproofs ; and when he relates this incident, he discovers a visible pride and satisfaction in his own conduct. The pulpits had become mere scenes of railing against the vices of the court ; among which were always noted as the principal, feasting, finery, dancing, halls, and whore- dom, their necessary attendant. Some ornaments, which the ladies at that time wore upon their pet- ticoats, excited mightily the indignation of the preachers : and they affirmed, that such vanity would provoke God's vengeance, not only against these foolish women, but against the whole realm. Mary, whose age, condition, and education invited her to liberty and cheerfulness, was curbed in all amusements by the absurd severity of these reformers ; and she found every moment reason to rcret her leaving that country, from whose manners she had, in her early youth, received the first impressions. Her two uncles, the duke of Aumale and the grand prior, with the other French nobility, soon took leave or her : the marquis of Elheuf remained some time longer ; but after his departure, she was left to the society of her own subjects ; men unacquainted with the pleasures of conversation, ignorant of arts and civility, and corrupted beyond their usual rusticity, by a dism.il fanaticism, which rendered them incapable of all humanity or improvement. Though Mary had made no attempt to restore the ancient religion, her popery was a sufficient crime : though her behaviour was hitherto irreproachable, and her manners sweet and engaging, her gaiety and ease were interpreted as signs of dissolute vanity. And to the harsh and pre- posterous usage, which this princess met with, may, in part, be ascribed those errors of her subsequent conduct, which seemed so little of a piece with tho general tenor of her character. There happened to the marquis of Klheuf, before his departure, an adventure, which, though frivolous, might enable him to give Mary's friends in France a melancholy idea of her situation. This nobleman, with the earl of Bothwel, and some other young courtiers, had been engaged, after a debauch, to pay u visit to a woman called Alison Craig, who was known to be liberal of her favours; and because they were denied admittance, they broke the windows, thrust open the door, and committed some disorders in searching for the damsel. It happened, that the assembly of the church was sitting at that time, and they immediately took the matter under their cognizance. In con- junction with several of the nobility, they presented an address to the queen, which was introduced with this awful prelude: "To the queen's majesty, and to her secret and great council, her grace's faithful and obedient subjects, the professors of Christ Jesus's holy evangil, wish the spirit of righteous judgment." The tenor of the petition was, that the fear of God, the duty which they owed her grace, and tlie terrible threatenings denounced by God against every city or country where horrible crimes were openly committed, compelled them to demand the severe punishment of such as had done what in them lay to kindle the wrath of God against tho whole realm: that the iniquity of which they complained was so heinous and so horrible that they should esteem themselves .accomplices in it, if they had been engaged by woi Idly fear, or servile complaisance, to pass it over in silence, or bury it in oblivion : that as they owed her grace obedience in the administration of justice, so were they entitled to re- quire of her, in return, the sharp and condign punish- 454 THE HISTORY OF ENGLAND. [Chap. XXXVIll. nient of this ononnitv, Tvhicli, they repeated it, miglit draw down tlie vengeance of God on the whole king- dom : and that they maintained it to bo her duty to lay aside all private aHVctions towards the actors in so heinous a crime, and so enormous a villany, and with- out delav bring tlieni to a trial, and inflict tlie severest penalties upon them. The queen gave a gracious re- ception to this |ieremptory address ; but because she proliably thought that breaking the windows of a brotliol merited not such severe reprehension, she only replied, that her uncle was a stranger, and that he was attended by a yonng company : but she would put such order to him and to all others, that her subjects should henceforth have no reason to complain. Her passing over this incident so slightly was the source of great discontent, and was regarded, as a proof of the most profligate manners. It is not to be omitted, tliat Alison Craig, the cause of all the uproar, was known to enter- tain a commerce with the earl of Arran, who. on ac- count of his great zeal for the Reformation, was, with- out scruple, indulged in that enormity. Some of the ])opulace of Edinburgh broke into tlie queen's chapel during her absence, and committed out- rages ; for wliich two of them were indicted, and it was intended to bring them to trial. Knox wrote circular letters to the most considerable zealots of the party, and charged them to appear in town, and pro- tect their brethren. The holy sacraments, he there said, are abused by profane papists; the mass has been said ; and in worshipping that idol, the priests have omitted no ceremony, not even the conjuring of their accursed water, that had ever been practised in the time of the greatest blindness. These violent measures for opposing justice were little short of re- bellion ; and Knox was summoned before the council to answer for his offence. The courage of the man was equal to his insolence. He scrupled not to tell the queen, that the pestilent papists, who had inflamed lier against these holy men, were the sous of the devil; and must therefore obey the directions of their fatlier, who had been a liar and a manslayer from the begin- ning. The matter ended with a full acquittal of Knox. Randolph, the English amliassador in Scotland, had reason to write to Cecil, speaking of the Scottish na- tion : " I think marvellously of the wisdom of God, that gave this r.nruly, inconstant, and cumbersome people no more power nor substance : for they would otherwise run wild." We have related these incidents at greater length than the necessity of our subject may seem to I'e- quire: but even trivial circumstances, whidi show the manners of the age, are often more instructive, as well as entertaining, than the great transactions of wars and negociations, which are nearly similar in all periods and in all countries of the world. The reformed clergy in Scotland had, at that time, a very natural reason for their ill-humour ; nanu'ly, tlie poverty, or rather beggary, to which they were re- duced. The nobility and gentry had at first laid their hands on all the property of the regubir clergy, witli- out making any provision for the friars and nuns, whom they turned out of tlieir possessions. The se- cular clergy of the catholic communion, though they lost all ecclesiastical jui'isdiction, still held some of the temporalities of their benefices; and cither became laymen themselves, and converted them into private property, or made conveyance of them at low prices to the nobility, wlio thus enriched themselves by the plunder of the cliurch. The new teachers had hithei-to subsisted chiefly by the voluntary oblations of the faith- ful ; and in a jioor comitrv, divided in religious senti- ments, this establishment w.as regarded as very scanty and very precarious. Repeated applications were made for a legal settlement to the preachers; and tliougli almost everything in the kingdom w.as governed by their zeal and caprice, it was with difiiculty that their request was at hvst complied willi. The fanatical spirit which thev indulged, and their industry in decrying the principles and practices of the Roman commu- nion, which placed such merit in enriching the clergy proved now a very sensible obstacle to their acquis sitions. The convention, however, passed a vote, by which they divided all the ecclesiastical benefices into twenty-one shares : they assigned fourteen to the an- cient possessors : of the remaining seven they granted thiee to the crown ; and if that were found to an- swer the public expenses, they bestowed the overplus on tlie reformed ministers. The queen was empowered to levy all the seven ; and it was ordained that she should afterwards pay to the clergy what should be judged to sufiice for their maintenance. The neces- sities of the crown, the rapacity of the courtiers, and the small affection which Mary bore to the protestunt ecclesiastics, i-endej'cd their revenues contemptible as well as uncertain ; and the preachers, finding that they could not rival the gentry, or even the middling lank of men, in opulence and plenty, were neces- sitated to betake themselves to other expedients for supporting their authority. They affected a furious zeal for religion, morose manners, a vulgar and fa- miliar, yet mysterious cant ; and though the liberality of subsequent princes put them afterwards on a better footing witli regard to revenue, and thereby corrected in some degree those bad habits; it must be con- fessed, that, while many other advantages attend piesbyterian government, these inconveniences are not easily separated from the genius of that ecclesiastical polity. The queen of Scots, destitute of all force, possessing a narrow revenue, surrounded with a factious, turbu- lent nobility, a bigoted ]ieople, and insolent eccle- siastics, soon found, that her only expedient for main- taining tranquillity was to preserve a good corre- spondence with Elizabeth, who, by former connexions and services, had acquired such authority over all these ranks of men. Soon after her arrival in Scot- land, secretary Lidington was sent to London, in order to pay her compliments to the queen, and express her desire of friendship and a good correspondence ; and he received a commission from her, as well as from the nobility of Scotland, to demand, as a means of cement- ing this friendship, that Mary should, by act of par- liament or by proclamation, (for the difference be- tween these secxirities was not then deemed very con- siderable.) be decl.ared successor to the crown. No request could be more unreasonable, or made at a more improper juncture. The queen replied that Mary had once discovered her intention not to wait for the succession, but h.ad openly, without ceremony or re- serve, assumed the title of queen of England, and had pretended a superior right to her throne and king- dom : that though her ambassadors, and those of her husband, the French king, had signed a treaty, in which they renounced that claim, and promised satis- faction for so great an indignity, she was so intox- icated with this imaginary right, that she had rejected the most earnest solicitations, and even, as some en- deavoured to persuade her, had inclined some danger in crossing the seas, rather than ratify that equitable treaty : that her jiartisans everywhere had still the assurance to insist on her title, and had presumed to talk of her own birth as illegitimate : that while ■affairs were on this footing ; while a claim thus openly made, so far from being openly renounced, was only suspended till a more favourable opportunity, it would, in her, be the most egregious imprudence to fortify the hands of a pretender to her crown, by declaring her the successor : that no expedient could be worse imagined for cementing friendship than such a decla- ration ; and kings were often found to bear no good- will to their successors, even tiiough their own cliil- dren ; much more when the connexion was less in- timate, and when such cause of disgust and jealousy had already been given, and indeed was still continued, on the part of Mary : that though she was willing, from the amity which she bore her kinswoman, fo Chap. XXXVITI.] ELIZABETH, 1558—1603. 465 iiBRrilie her former pretensions to the advice of others, by whose direction she was tlien governed ; her pre- sent refusal to rehiiqiiisli tlicni could proceed only from her own prepossessions, and was a proof that she still harboured some dangerous designs against her : that it was the nature of all men to be disgusted wilh the present, to entertain flattering views of futurity, to think tlieir services ill rewarded, to expect a better recompence from the successor ; and she should esteem herself scarcely iialf a sovereign over tlie English, if they saw her declare her heir, and arm her rival with authority against h.er own repose and safety : that she knew the inconstant nature of the people ; she was acquainted with the present divisions in religion ; she was not ignorant that the same party which expected greater favour during the reign of Mary, did also imagine that the title of tliat princess was superior to her own : that, for her part, what- ever claims were advanced, she was determined to live and die queen of England ; and after her death, it Avas the business of others to determine who had the best pretensions, either by the laws, or by the right of blood, to the succession : that she hoped the claim of the queen of Scots would then be found solid ; and, considering the injury which she herself had received, it was sutlicient indulgence, if she promised, in the meantime, to do nothing which might, in any respect, weaken or invalidate it : and that Mary, if her title were really preferable, a point which, for her own part, she had never inquired into, possessed all advantages above her rivals; who, destitute both of present power, and of all support by friends, would only expose them- selves to inevitable ruin, by advancing any weak, or even doubtful pretensions. These views of the queen were so prudeut and judi- cious, that there was no likelihood of her ever depart- ing from them: but that she might put the matter to a fuller proof, she oiFered to explain the words of the treaty of Edinburgh, so as to leave no suspicion of their excluding Mary's right of succession ; and in this form she again required her to ratify that treaty. Matters at last came to this issue, that Alary agreed to the proposal, and offered to renounce all present pre- tensions to the crown of England, provided Elizabeth would agree to declare her the successor. But such was the jealous character of tliis latter princess, that she never would consent to strengthen the interest and authority of any claimant, by fixing the succession ; much less would she make this concession in favour of a rival queen, who possessed such plausible pretensions for the present, and who, though she might verbally renounce them, could easily resume her claim on the first opportunity. Mary's proposal, however, bore so specious an appearance of equity and justice, that Elizabeth, sensible that reason would, by superficial thinkers, be deemed to lie entirely on that side, made no more mention of the matter; and, though further concessions were never made by either princess, they put on all the appearances of a cordial reconciliation and friendship with each other. WISE GOVERNMENT OF ELIZABETH. The queen observed that, even w^ithout her interpo- sition, Mary was sufficiently depressed by the mutinous spiiit of her own subjects; and instead of giving Scot- land, for the present, .any inquietude or disturbance, she employed herself, more usefully and laudably, in regulating the aft'airs of her own kingdom, and promot- ing the liappiness of her people. She m.ade some pro- gress in paying those great debts which lay upon tlie crown ; she regulated the coin, which had been much debased by her predecessors; she furnished her ar- senal with great quantities of arms from Germany and other places; engaged her nobility and gentry to imitate her example in this particular; introduced into the kingdom the art of making gunpowder and brass cannon ; fortified her frontiers on the side of Scotland; made frequent reviews of the militia; eti- couraged agriculture, by allowing a free exportation of corn ; promoted trade and navigation ; and so much increased the shipping of her kingdom, both by build- ing vessels offeree herself, and suggesting like under- takings to the merchants, that she was justly styled the restorer of naval glory, and the queen of the northern seas. The natural frugality of her temper, so far from incapacitating her from these great enter- prises, only enabled her to execute them w itii greater certainty and success ; and all the world saw in her conduct the happy effects of a vigorous perseverance in judicious and well-concerted projects. It is easy to imagine that so great a princess, who enjoyed such singular felicity and renown, would re- ceive proposals of marriage from every one that had any likelihood of succeeding; and though she had made some public declarations in favour of a single life, few believed that she would persevere for ever in that resolution. The archduke Charles, second son of the emperor, as well as Casimir, son of the elector Palatine, made applications to her ; and as this latter prince professed the reformed religion, he thought liimself on that account better entitled to succeed ia his addresses. Eric, king of Sweden, and Adolph, duke of Holstein, were encouraged, by the same views, to become suitors : and the earl of Arran, heir to the crown of Scotland, was, by the states of that kingdom, lecommended to her as a suitable marriage. Eve:i some of her own subjects, though they did not openly declare their pretensions, entertained hopes of success. The earl of Arundel, a person declining in years, but descended from an ancient and noble family, as well as posses.sed of great riches, flattered himself with this prospect ; as did also sir William Pickering, a man much esteemed for his personal merit. But the per- son most likely to succeed, was a younger son of the late duke of Northumberland, lord Eohert Dudley, who, by means of his exterior qualities, joined to address and flattery, had become, in a manner, her declared favourite, and had great influence in .all her counsels. The less worthy he appeared of this dis- tinction, the more was bis great favour ascribed to some violent affection, whicli could thus seduce the judgment of this penetrating princess ; and men long expected that he would obtain the preference above so m.any princes and mouarchs. But the queen gave all these suitors a gentle refusal, which still encouraged their pursuit ; and she thought that she should the better attach them to her interests if they were still allowed to entertain hopes of succeeding in their jire- tensions. It is also probable that this policy was not entirely free from a mixture of female coquetry ; and that, though she was determined in her own mind never to share her power with any man, the was not displeased with the courtship, solicitation, and profes- sions of love, which the desire of acquiring so valuable a prize procured her from all quarters. What is most singular in the conduct and character of Elizabeth is, that though she determined never to have any heir of her own body, she was not only very .averse to fix any successor to the crown, but seems also to have resolved, as far as it lay in her power, that no one who had pretensions to the siucession should ever have any heirs or successors. If the exclusion given by the will of Henry VIII. to the posterity of Margaret, queen of Scotland, was allowed to be valid, the right to the crown devolved on the house of Suf- folk ; and the lady Catherine Gray, younger sister to the lady Jane, was now the heir of that family. This lady had been married to loid Herbert, son of the earl of Pembroke; but having been divorced from that nobleman, she made a private marri.age with the earl of Hertford, son of the protector ; and her husbaud, soon after consummation, travelled into France. In a little time she appeared to be pregnant, which so en- raged Elizabeth, that she threw her into the Towor, and summoned Hertford to appear, in order to answer 4fi6 THE HISTORY OF ENGLAND. [Chap. XXXIX. for liis iiiisJoiiicanoiir. He made no scniple of ac- kuovvleilgiiig tlie marriage, which, thou^'li concluded without the queen's consent, was entirely suitable to both parties; and for this offence he was also com- mitted to the Tower. Elizabeth's severity stojiped not here : she issued a commission to iuquire into the matter; and as Hertford could not, within the time limited, prove the nupti.ils by witnesses, the commerce between him and his consort was declared unlawful, and their posterity illcLiitimate. They were still de- tained in custody ; but, by bribing their keepers, they found means to have furtlier intercourse; and another child appeared to be the fruit of their commerce. This was a i'resli source of vexation to the queen ; who made a line of fifteen thousand pounds be set on Hertford by the star-ehaniber, and ordered his confinement to be thenceforth more ligid and severe. He lay in tliis condition for nine years, till the death of his wife, by freeing Elizabeth from all fears, procured him his liberty. This extreme severity must be accounted foi-, either by the unrelenting jealousy of the queen, who was afraid lest a pretender to the succession should acquire credit by having issue; or by her niali^'uity, ■which, witli all her great qualities, made one ingredi- ent in her charactei', and which led her to envy, in others, those natural pleasures of love and posterity, of which her own ambition and desire of dominion made her renounce all prospect for herself. There happened, about this time, some ether events in the royal family, where the queen's conduct was more laudable. Arthur Pole, and his brother, nephews to the late cardinal, and descended from the duke of Clarence, together with Anthony Forteseue, who bad married a sister of these gentlemen, and some other persons, were l)rouglit to their trial for intending to withdraw into France, with a view of soliciting succours from the duke of Guise, of returning thence into ■\Vales, and of proclaiming Mary queen of England, and Arthur Pole duke of Clarence. They confessed the indictment, but asserted, tliat they never meant to execute these projects during the queen's lifetime: they had only deemed such precautions requisite in case of her demise, which some pretenders to judicial astrology had assured them they might with certainty look for hefore the year expired. They were con- demned by the jury ; but received a pardon from, the queen's clemency. CHAPTER XXXIX. State of Europe Civil Wars of France Havre de Grace put in possession of the Eniilish A I'aJ'liament Havre lost Affairs of Scfjtland The Queen of Scots marries the Earl of Darnley Confedeiacy against the PmlKtaiits Murder of Uizzio A rarliament MurilLT uf Darnley Queen of Scots marries Botlnvel [iisurrectioiis in Scotland Imprisonment of Mary Mary flies into England L'onftrcncesat Yorlr ai.d Hampton-Court. STATE OF EUROPE. 15G2, A FTER the commencement of the religious wars in ■i-X France, which rendered that nourishing kingdom, diu-ing the course of near forty years, a scene of hor- ror and devastation, tlie great rival powers in Europe were Spain and England ; and it was not long before an animosity, first political, then personal, broke out between the sovereigns of these countries. Philip II. of Spain, though he reached not any en- larged views of ])olicy, was endowed with great industry and sagacity, a remarkable caution in his enterprises, an unusual furesiglit in all his measures ; and as he was ever coid and seemingly unmoved by passion, and possessed neither talents nor inclination for war, both his snbji-cts and his neighbours had rea- son to expect justice, happiness, and tranquillity, from his administration. But jin-judices had on liim as pcruieious cfi'ects as ever passion had on any other mo- narch : and the spirit of bigotry and tyranny by wliich be was actuated, with the fraudulent maxims which governed liis counsels, e.xeited the most violent agita- tion among his own people, engaged him in acts of the most enormous cruelty, and threw all Europe into combustion. After Philip bad concluded peace at Cateau Cani- bresis, and had remained some time in the Nether- lauds, in order to settle the aiiairs of that country, be embarked for Spain ; and as the gravity of that nation, with their respectful obedience to their prince, had ap- jicared more agreeable to his humour than the homely, familiar manners and the pertinacious liberty of the Flemings, it was expected that he would, for the fu- ture, reside altogether at Madrid, and would govern all his extensive dominions by Spanish mmistei's and Sjianish counsels. Having met with a violent tempest on his voyage, he no sooner arrived in harbour than he fell on his knees : and after giving thanks for his de- liverance, he vowed that his hfe, which was thus provi- dentially saved, should thenceforth be entirely devoted to the extirpation of heresy. His subsequent conduct corresponded to these professions. Finding that the new doctrines had pcUL'tratcd into Spain, he let loose the i-age of persecution against all who professed them, or were suspected of adhering to them; and by his vio- lence he gave new edge, even to the usual cruelty of priests and inquisitors. He threw into prison Con- stantino Ponce, who had been confessor to his father, the emperor Charles ; who had attended him during his retreat ; and in whose arms that great monai'cli had terminated his life : and .after this ecclesiastic died in confinement, he still ordered him to be tried and condemned for heresy, and his statue to be com- mitted to the flames. He even deliberated whether he should not exercise like severity against the me- mory of his father, who was susjjected during his later years to have indulged a propensity towards the Lu- theran principles : in his imrelenting zeal for ortho- doxy, he spared neither age, sex, nor condition : he was present, with an inflexible coiuitenance, at the most barbarous executions ; he issued rigorous or- ders for the prosecution of heretics in Sjiain, Italy, the Indies, and the Low Countries : and, having founded his determined tyranny on maxims of civU policy, as well as on princiides of religion, he made it apparent to all his subjects, that there was no method, except the most entire compliance, or most obstinate resistance, to escape or elude the severity of his ven- geance. During that extreme animosity which prevailed be- tween the adherents of the opposite religions, the civil magistrate, who found it difficult, if not impossible, for the same laws to govern such enraged adversaries, was naturally led, by specious rules of prudence, in embracing one party, to declare war against the other, and to exterminate, by fire and sword, tliose bigots, who, from abhorrence of his religion, had proceeded to an opposition of his power, and to a hatred of his per- son. If any prince possessed such enlarged views as to foresee that a mutual toleration would in time abate till-' fury of religious prejudices, he yet met with difli- culties in reducing this principle to practice ; and might deem the malady too violent to awai't a remedy which, though certain, must necessarily be slow in its operation. But Philip, though a profound hypocrite, and extremely governed by self-interest, seems also to have been himself actuated by an imperious bigotry; and, as he employed great reflection in .all his conduct, he could easily palliate the gratification of his natural temper under the colour of wisdom, and find, in this system, no less advantage to his foreign than his do- mestic politics. By placing himself at the head of the catholic party, he converted the zealots of the ancient faith into partisans of Spanish greatness ; and by em- ploying the powerful allurement of religion, he se- duced everywhere the subjects from that allegiance which they owed to their native sovereign. Chap. XXXIX ] ELIZABETH. lo5S— 1603. 457 The course of events, gTiifling and concurring: with choice, had placed Elizabeth in a situation diametri- cally opposite ; and had raistd her to be the glory, the bulwark, and the support of the numerous, thougli still persecuted, protestauts throughout Europe. More moderate in her temper than Pliilip, she found with pleasure, that the principles of her sect rerpiired not such extreme severity in her domestic goverument as was exercised by that monarch ; and having no object but self-preservation, she united her interests in all foreign negociations witli those who were everywhere struggling under oppression, and guarding tliemselves against ruin and extermination. The more virtuous sovereign was thus ha])iiily thrown into the more fa- vourable cause ; and fortune, in this instance, con- cuned with policy and nature. During the lifetime of Henry II. of France, and of his successor, the force of these principles was some- what restrained, though not altogether overcome, by motives of a superior interest ; and the dread of unit- ing England witli the French monareliy, engaged I'hilip to maintain a good correspondence Mith Eliza- beth. Yet even during this period he rejected the garter which she sent him ; he refused to ratify the ancient league between the house of Burgundy and England ; he furnished ships to transport French forces into Scotland ; he endeavoured to intercept the earl of Ari-an, who was hastening to join the malcon- tents in that country ; and the queen's wisest minis- tere still regarded his fiiendsliip as hollow and precari- ous. But no sooner did the death of Francis II. put an end to Philip's apprehensions with regard to Mary's succession, than his animosity against Elizabeth began more openly to appear ; and the interests of Spain and those of England were found opposite in every negoci- ation and transaction. The two gi'eat monarchies of the continent, France and Spain, being possessed of nearly equal force, were naturally antagonists ; and England, from its power and situation, was entitled to support its own dignity, as well as tranquillity, by holding the balance between tliem. Whatever incident, therefore, tended too much to depress one of these rival powers, as it left the other without control, might be deemed contrary to the interests of England ; yet so much were these great maxims of policy overruled, during that age, by the disputes of theology, that Philip found an advan- tage in supporting the established government and religion of France ; and Elizabeth, in protecting fac- tion and innovation. CIVIL WARS OF FRANCE. The queen-regent of France, when reinstated in au- thority by the death of her son, Francis, had formed a jilan of administration more subtle than judicious ; and, b.ilancing the catholics with the hugonots, the duke of Guise with the prince of Conde, she endea- voured to render herself necessary to both, and to establish her own dominion on their constrained obe- dience. But the equal counterpoise of power, which, among foreign nations, is the source of tranquillity, proves always the ground of quaiTel between domestic factions ; and if the animosity of religion concur with the frequent occasions which present themselves of mutual injury, it is impossible, during any time, to preserve a firm concord in so delicate a situation. The constable, Montmorency, moved b)- zeal for the an- cient faitli, joined himself to the duke of Guise: the king of NavaiTe, from his inconstant temper, and his jealousy of the superior genius of Ids brother, em- braced the same party : and Catherine, finding herself depressed by this combination, had recourse to Conde and the hugonots, who gladly embraced the opportu- nity of fortifying themselves by her countenance and protection. An edict had been published, gi-anting a toleration to the protestauts ; but the interested vio- lence of the duke of Guise, covered with the pretence VCL. I of religious zeal, broke through this agreement ; and the two parties, after the fallacious tranquillity of a moment, renewed their mutual insults and injuries. Conde, Coligni, Andelot, a.ssembled their friends and Hew to anus : Guise and ilontmorency got possession of the king's person, and constrained the queen-regent to embrace their party : fourteen annics were levied and put in motion in different ])arts of France : each province, each city, each family, was agitated with intestine rage and animosity. The father was divided against the son, brother against brother, and women themselves sacrificing their humanity as well as their timidity to the religious fury, distinguished themselves by acts of ferocity and valour. Wlierevcr the hugo- not prevailed, the images were broken, the altars pillaged, the churches demolished, the monasteries consumed with fire : where success attended the catholics, they burned the bibles, re-baptized the in- fants, constrained married persons to pass anew- through the nuptial ceremony : and plunder, desola- tion, and bloodshed attended equally the triumph ol both parties. The parliament of Paris itself, the seat of law and justice, instead of employing its authoritj to compose these fatal quarrels, jiublished an edict, bv which it put the sword into the hands of the enraged multitude, and empowered the catholics everywhere to massacre the hugonots : and it was during this period, when men began to be somewhat enlightened, and in this nation, reuowned for polished manners, that the theological rage, which had long been boiling in men's veins, seems to have attained its last stage of virulence and ferocity. HAVRE DE GRACE PUT IN POSSESSION OF THE ENGLISH. Philip, jealous of the progress which the hugonots made in France, and dreading that the contagion would spread into the Low Coxmtry provinces, liad formed a secret alliance witli the princes of Guise, and had entered into a mutual concert for the protection of the ancient faith, and the suppression of heresy. He now sent six thousand men, with some supply of money, to re-enforce the catholic party ; and the prince of Condi?, finding himself unequal to so great a combination, countenanced by the royal authoritv, was obliged to dispatch the Vidame of Chartes and Briguemaut to London, in order to crave the assist- ance and protection of Elizabeth. Mo?t of the pro- vince of Normandy was possessed by tlie hugonots : and Conde offered to put Havre de Grace into the hands of the English ; on condition that, together with three thousand men for the garrison of that place, the queen should likewise send over three thousand to de- feud Dieppe and KoUen, and should furnish the prince with a sujiply of a hundred thousand crowns. Elizabeth, besides the general and essential interest of supporting the protestauts, and opposing the rapid progress of her enemy, the duke of Guise, had other motives which engaged her to accept of this proposal. When she concluded the peace, (20th September,) at Cateau-Cambresis, she had good reason to foresee that France never would voluntarily fulfil the article which regarded the restitution of Calais ; and many subse- quent incidents had tended to confirm this suspicion. Considcralile sums of money had been expended on the fortifications ; long leases had been granted of the lands ; and many inhabitants had been encouraged to build and settle there, by assurances that Calais should never be restored to the English. 'Jhe queen there- fore wisely concluded, that could she get possession of Havre, a place which commanded the mouth of the Seine, and was of greater importance than Calais, she should easily constrain the French to execute the treaty, and should have the glory of restoring to the crown that ancient possession, so much the favourite of the nation. No measure could bo more generally odious in 3N 4.!,8 THE HISTORY OF ENGLAND. [CHiP, XXXIA. Fi-ance, than tlie comlusion of tliis treaty witli Eliza- beth. Men were naturally leil to comiiare the conduct of Guise, who had finally oxiielled the linghsli, and had debarred thcso dangerous and destructive ene- mies from all access into J-'iauce, with the treasonable politics of Condt?, who had again granted them an en- trance into the heart of the kingdom. The prince had the more reason to repent of this measure, as he reaped not from it all the advantage which he expected. Three thousand English immediately took possession of Havre and Dieppe, under the command of sir Edward Poinings ; but the latter place was found so little capable of defence, that it was immediately abandoned. The siege of Kouen was already formed by the catho- lics, under the command of the king of Navarre and Montmorency ; and it was with difficulty tli.at Toin- ings could throw a small re-enforcement into the place. Though these English troops behaved with gallantry, and though the king of Navarre was mor- tally wounded during the siege, the catliolics still con- tinued the attack of the place, and carrying it at last by assault, put the whole garrison to the sword. The earl of Warwick, eldest son of the late duke of Nortlnnnberland, arrived soon after at Havre with another body of three thousand English, and took on him the command of the place. It was expected that the French catholics, flushed with their success at RoUen, would immediately have formed the siege of Havre, which was not as yet in any condition of defence ; but the intestine disorders of the kingdom soon diverted their attention to ano- ther enterprise. Andelot, seconded by the negocia- tious of Elbiabeth, had levied a considerable body of protestants in Germany ; and having arrived at Or- leans, the seat of the hugonots' power, ho enabled the prince of Conde and the admiral to take the iield, and oppose the progi-ess of their enemies. After threaten- ing Paris during some time, they took their march towards Normandy «Mth a view of engaging the Eng- lish to act in conjunction with them, and of fortifying themselves by the further assistance which they ex- pected from the zeal and vigour of lilizabeth. Tlie catholics, commanded by the constable, and under him by the duke of Guise, followed on their rear ; and overtaking them at Dreux, obliged them to give bat- tle. The field was fought with great obstinacy on both sides : and the action was distinguished by this singular event, tliat Conde and Jlontmoreney, the commanders of the opposite armies, fell both of them prisoners into the hands of their enemies. The ap- pearances of victory i-eniained with Guise; but the admiral, whose fate it ever was to be defeated, and still to rise more terrible after his misfortunes, col- lected the remains of the army ; and inspiring his own imconquerable courage and constancy into every breast, kept them in a body, and subdued some con- siderable places in Norni.andy. Elizabeth, the better to support his cause, sent him a new supply of a hun- dred thousand crowns ; and offered, if he could find merchani." to lend him the money, to give lier bond for another sum of equal amount. A PARLIAMENT. January 12, 1503. The expenses incurred by assisting the French hu- gonots had emptied the queen's exchequer ; and, in, order to obtain a supply, she found herself under the necessity of summoning a parliament ; an expedient to which she ne\-er willingly had recourse. A little before the meeting of this assembly she had fallen into a dangerous illness, the small-pox ; and as her life, dm-ing some time, was despaired of, the people became the more sensible of their perilous situation, derived from the uncertainty which, in case of her de- mise, attended the succession of the crown. The par- tisans of the queen of Scots, and those of the house of Suffolk, already divided the nation into tactions ; and every one foresaw, that, though it might be possible at present to determine the controversy by law, yet, if the throne were vacant, nothing but the sword would be able to fix a successor. The commons, thereibre, on the opening of the session, voted an address to the ijueen ; in which, after enumerating the dangers at- tending a broken and doubtful succession, and men- tioning the evils which tluir fathers had experienced from the contending titles of York and Lancaster, they iutreated the queen to ])ut an end to their appre- hensions, by choosing some liusband, whom, they pro- mised, whoever he were, gratefully to receive, and faithfully to serve, honour, and obey: or, if she had entertained any reluctance to the married state, they desired that the lawful successor might be named, at least appointed by act of parliament. They remarked that, during all the reigns which had passed since tho conquest, the nation had never before beea so unhappy as not to know the person who, in ease of the sove- reign's death, was legally entitled to fill tho vacant throne. And they observed, that the fixed order which took place in inheriting the French monarchy, was one chief source of the usual tranquillity, as well as of the hapiiiness of that kingdom. This subject, tliough extremely interesting to the nation, was veiy little .agreeable to the queen ; and she was sensible that great difficulties would attend every decision. A declaration in favour of the queen of Scots would form a settlement perfectly legal ; because that princess was commonly allowed to possess the right of blood ; and the exclusion given by Henry's will, deriving its weight chiefly from an act of parlia- ment, would lose all authority, whenever the queen and parliament had made a new settlement, and re- stored tlie Scottish line to its place in the succession. But she dreaded giving encouragement to the catholics, her secret enemies, by this declaration. She was sen- sible that every heir was, in some degree, a rival ; much more one who enjoyed a claim for the present possession of the crown, and who had already advanced, in a very open mauner, these dangerous pretensions. The great power of Mary, both from the favour of the catliolie princes, and her connexions with the house of Guise, not to mention the force and situation of Scot- land, was well known to her ; and she saw no security that this princess, if fortified by a sure prospect of suc- cession, would not revive claims which she could never yet be prevailed on formally to relinquish. On the other hiind, the title of the house of Suflblk was sup- ported by the more zealous protestants only; audit was very doulitful, whctlier even a parliamentary de- claration in its favour would bestow on it such validity as to give satisfaction to the people. The republican part of the constitution had not yet acquired such an ascendant as to control, in any degree, the ideas of hereditary right ; and as the legality of Henry's will was still disputed, though founded on the utmost au- thority which a parliament could confer; who could bo assured that a more recent act would be acknowledged to li.ave greater validity ? In the frequent revolutions which had of late taken place, the night of blood had still prevailed over religious prejudices; and the nation had ever shown itself disposed rather to change its faith than the order of succession. Even many pro- testants declared themselves in favour of IMary's claim of inheritance ; and nothing would occasion more ge- neral disgust than to see the queen, openly and with- out reserve, take part against it. The Scottish princess also, finding herself injured in so sensible a point, would tlienceforth act as a declared enemy ; and uniting to- gether her foreign and domestic friends, the partisans of her present title and of her eventual succession, would soon bring matters to extremities against the present establishment. The queen, weighing all these inconveniences, which were great and urgent, was de- termined to keep botli parties in awe, by maintaining still an ambiguous conduct ; and she rather chose that the people should run the hazard of contingent events, than that she herself thould visibly endanger liep ^HAP XXXIX.] ELIZABETH, 1558—1603. 469 tliv'inp, Ijy einplojiiig pxpcdlent?, wliidi, at Lest, woulJ not liostow entire security on tlie nr.tion. She fjavp, tlierofore, an evasive answer to the applications of t!ie commons ; anil when tlie honse, at the end of tlie session, desired, bv the mouth of their spealvcr, further satisfaction on that liead. she could not he prevailed on to make her reply more explicit. She only told them, contrary to her declarations in the bei;innin;» of her reign, that she had fixed no absolute resolution against marriage ; and she added, that the ditficulties attend- ing the question of the succession wore so great, that slio would be contented, for the sake of licr people, to remain some time longer in this vale of misery ; and never should depart life with satisfaction, till she had laid some solid foundation for their future security. The most remarkable law passed this session, was that which Ijore tlie title of "Assurance of tlie queen's royal power over all states and subjects tcilhin her domi- nions." Uy this act, the asserting twice, by writing, word, or deed, the pope's authority, was subjected to the penalties of treason. All persons in holy orders were bound to take the oath of supremacy ; as also all who were advanced to any degree, either in the univer- sities or in common law ; all schoolmasters, officers in court, or members of parliament : and the penalty of their second refusal w,is treason. The first offence, in both cases, was punished by banishment and forfeiture. This rigorous statute was not extended to any of the degree of a baron ; because it was not supposed that the qneen could entertain any doubt with regard to the fidelity of persons possessed of such high dignity. Lord Montacnte made opposition to the bill ; and as- serted, in favour of the catholics, that they disputed not, they preached not, they disobeyed not the queen, they caused no trouble, no tumults among the ]ieople. It is, however, probable that some suspicions of their secret conspiracies had made the queen and parliament increase their rigour against them ; though it is also more than probable that they were mistaken in the remedy. There was likewise another point, in which the par- liament, this session, showed moie the goodness of their intention, than the soundness of their judgment. They passed a law against fond and fantastical prophe- cies, which had been observed to seduce the people into rebellion and disorder : but at the s.ime time they enacted a statute, which was most likely to increase these and such like superstitions — it was levelled against conjurations, enchantments, and witchcraft. Witch- craft and heresy are two crimes, which commonly in- crease by punishment, and never are so effectually suppressed as by being totally neglected. After the parliament had granted the queen a supply of one sub- sidy, and two fifteenths, the session was finished by a prorogation. The convocation likewise voted the queen a subsidy of six shillings in the pound, payable in three years. While the English parties exerted these calm efforts against each other, in parliamentary votes and debates, the French factions, inflamed to the highest degree of animosity, continued that cruel war, which their intem- perate zeal, actuated by the ambition of their leaders, had kindled in the kingdom. The admiral was suc- cessful in reducing the towns of Normandy which held for the king; but he frequently complained, that the numerous garrison of Havre remained totally inactive, and was not employed in any military operation against the common enemy. Tlie queen, in t.aking possession of that place, bad published a manifesto, in which she pretended, that her concern for the interests of the French king had engaged her in that measure, and that lier sole intention was to oppose her enemies of the house of Guise, who held their prince in captivity, and employed his power to the destruction of his best and most faithful subjects. It was chiefly her desire to preserve appearances, joined to tlie great frugality of her temper, which made her, at this critical juncture, keep her soldiers in garrison, and restrain them from committing furtlier hostilities upon the enemy. The duke of Guise, meanwhile, was aiming a mortal blow at the power of the hugonots; and had commenced the siege of Orleans, of which Andelot was governor, and where the constable was detained prisoner. He had the prospect of speedy success in this undertak- ing ; when he was assassinated by Poltrot, a young gentleman, whose zeal, instigated (as is pretended, though without any certain foundation) by the admiral, and Beza, a famous preacher, led him to attempt that criminal enterprise. The death of this gallant prince was a sensible loss to the catholic party; and though the cardinal of Lorraine, his brother, still supported the interests of the family, the danger of their pro- gress appeared not so imminent either to Elizabeth or to the French protestants. The union, therefore, be- tween these allies, which had been cemented by their common fears, began thenceforth to be less intimate; and the leaders of the hugonots were persuaded to hearken to terms of a scijarate accommodation. Condi^ and Montmorency held conferences for settling the peace ; and as they were both of them iinjiiitient to relieve themselves from captivity, they soon came to an agreement with regard to the conditions. The cha- racter of the queen-regent, whose ends were always violent, but who endeavoured, by subtlety and policy, rather than force, to attain them, led her to embrace any plausible terms ; and, in spite of the protestations of the admiral, whose sagacity could easily discover the treachery of the court, the articles of agreement were finally settled between the parties. A toleration, under some restrictions, was anew granted to the jiio- testants; a general amnesty was published; Conde was reinstated in his offices and governments ; and after money was advanced for the payment of arrears due to the German troops, they were dismissed the kingdom. liy the agreement between Elizabeth and the piiucc of Conde it had been stipulated, that neither party should conclude peace witliout the consent of the other; but this article was at present but little regarded by the leaders of the French protestants. They only com- preliended her so far in the treaty, as to obtain a pro- mise, that, on her relinquishing Havre, her charges, and the money which she had advanced them, should be repaid her by the king of France, and that Calais, on the expiration of the term, should be restored to her. But she disdained to accept of these conditions; and thinking the possession of Havre a much better pledge for effecting her purpose, she sent Warwick orders to prepare himself against an attack from the now united power of the French monarchy. The earl of Warwick, who commanded a garrison of six thousand men, besides seven hundred pioneers, had no sooner got possession of Havre, than he employed every means for putting it in a posture of defence; and after expelling the French from the town, he encon- raged his soldiers to make the most desperate defence against the enemy. The constable commanded the French army; the queen-regent herself, and the king, were present in the camp; even the prince of Conde joined the king's forces, and gave countenance to this enterprise; the admiral and Andelot alone, anxious still to preserve the friendship of Elizabeth, kept at a distance, and prudently refused to join their uucicut enemies in an attack npou their allies. HAVRE LOST. Jul;/ 28. From the force, and dispositions, and situations of both sides, it was expected that the siege would be attended with some memorable event ; yet did France make a much easier acquisition of this important place, than was at first apprehended. The plague crept in amnug the English soldiers ; and being increased by their f;xtigue and bad diet (for they were but ill sup- plied -with provisions,) it made such ravages, that sometimes a hundred men a day died of it, and there 4(50 THE HISTORV OF ENGLAND. [CniP. XXXIX I'omained not at last fifteen Inintlrod in a condition to do diitv. The FrOHcli, nieetiiif; witli siicli feeble resist- ance, carried on tlieir attacks suceessfuUj- ; and having made two breaches, each of them sixty feet wide, they prepared for a general assanlt, «liich must have termi- nated in tlie slaughter of the whole garrison. "War- wick, who had frequently warned the English council of the danger, and who had loudly demanded a supply of men and provisions, found himself obliged to capitu- late, and to content himself witli tlie liberty of with- drawing his garrison. The articles were no sooner signed, than lord Clinton, the admiral, who had been det.iiued by eontriiry winds, .ajipcared oft' the h.irbour witha re-euforeement of three thousand men, and found the place surrendered to the enemy. To increase the misfortune, tlie infected army brought the plague with them into England, where it swept off great multitudes, particularly in the city of London. Above twenty thousand persons there died of it in one year. [.See nole 3 P, at the end of this IV.] Eliz.abeth, whose usu.al vigour and foresight had not appeared in this transaction, was now glad to com- pound matters ; and as the queen-regent desired to obtain leisure, in order to prepare measures for the extermination of the hugonots, she readily hearkened to any reasonable terms of accommodation with Eng- land. It was agreed (2nd April) that the hostages which the Frencli had given for the restitution of Calais, should be restored for 220,000 crowns ; and that both sides should retain all their claims and pre- tensions. SCOTCH AFFAIRS. The peace still continued with Scotland ; and even a cordial friendship seemed to have been cemented be- tween Elizabeth and Mary. Tliese princesses made profession of the most entire affection ; wrote amicable letters every week to each other ; and had adopted, in all appearance, the sentiments as well as style of sisters. Eliz.-ibeth punished one Hales, who had published r. book against Mary's title; and as the lord-keeper Bacon was thought to have encouraged Hales in this undertaking, he fell under her displeasure, and it was with some difticulty he was able to give her satisfiic- tion, and recover her favour. The two queens luid agreed in the foregoing summer to an interview at York; in order to remove all difficulties with regard to Mary's ratification of the treaty of Edinburgh, and to consider of the proper method for settling tlie suc- cession of England : but as Elizabeth carefully .avoided touching on this delicate subject, she employed a pre- tence of the wars in Fiance, which, she said, would detain her in Loudon ; .and she delayed till next year the intended interview. It is also probable, tliat, being well acquainted with tlie beauty and address and ac- complishments of Mary, she did not choose to stand the comparison with regard to those exterior qualities, in which she was eclipsed by her rival ; .and was un- willing that a princess, who had already made great progress in the esteem and affections of the English, should have a further opportunity of increasing the number of her partisans. Jlary's close connexions with the house of Guise, and her devoted attachment to her uncles, by whom she had been early educated and constantly protected, was the ground of just and insurmountable jealousy to Elizabeth, who regarded tlicin as her mortal and de- clared enemies, and was well acquainted with their dangerous character and ambitious projects. They had made offer of their niece to Don Carlos, Philip's son ; to the king of Sweden, the king of Navarre, the archduke Charles, the duke of Ferrara, the cardinal of Bourbon, who had only taken deacon's orders, from whicK lie might easily be freed by a dispensation ; and iliey were ready to marry her to .any one who could streiigti-.eu their interests, or give inquietude and dis- tAU-bauco to JLlizabetli. Elizabeth on lier part was equally vigilant to prevent the execution of theit schemes, and was particularly anxious, lest Mary should form any powerful foreign alliance, which might tempt her to revive her pretensions to the crown, and to in- vade the kingdom on the side where it was weakest and lay most exposed. As she believed that the mar- riage with the archduke Charles was the one most likely to take phace, she used every expedient to pre- vent it ; and besides remonstrating against it to Mary herself, she endeavoured to diaw off the archduke from that pursuit, by giving him some hopes of success in his pretensions to herself, and by inviting him to a renewal of the former treaty of marriage. She always told the queen of Scots, that nothing would satisfy her but her espousing some English nobleni.an, who would remove all grounds of jealousy, and cement the union between the kingdoms; and she offered on this condi- tion to have her title examined, and to declare her successor to the crown. After keeping the matter in these general terms during a twelvemonth, she at last named lord Robert Dudley, now created carl of Lei- cester, as the person on wliom she desired that Mary's choice should fall. The earl of Leicester, the great and powerful favon- rite of Elizabeth, possessed all those exterior qualities which are naturally alluring to the fair sex — a hand- some person, a polite address, an insinuating behaviour; and by means of these accomplishments, he had been able to blind even the penetration of Eliz.abeth, and conceal from her the great defects, or rather odious vices, which attended his character. He was proud, insolent, interested, ambitious; without honour, with- out generosity, without hunianity ; and atoned not for these bad qualities, by such abilities or courage, a.s could fit him for that liigh trust and confidence, with which she always honourod him. Her constant and declai-ed attachment to him had naturally emboldened him to aspire to her bed ; and in order to make way for these nuptials, he was universally believed to have murdered, in a barbarous manner, his wife, the heiress of one Robcsart. The jnoposal of espousing Jlary was by no means agreeable to him ; and he alnays ascribed it to the contrivance of Cecil, his enemy ; who, he thought, intended by that artifice to make him lose the friendship of Mary from the temerity of his preten- sions, and that of Eliz,abetli from jealousy of his attach- ments to another woman. The queen herself had not any serious intention of eft'ectiug this marriage ; but as she was desirous that the queen of Scots should never have any liusb.and, she named a man, who, she believed was not likely to be accepted of; and she ho]ied, by that means, to gain time, and elude the project of any other alliance. The e.arl of Leicester w.as too great a favourite to be parted with ; and when Jlary, allured by tlie prospect of being declared suc- cessor to the crown, seemed at last to hearken to Eliza- beth's proposal, this princess receded from her offers, .and withdrew the bait which she had thrown out to her rival. This duplicity of conduct, joined to some ajipearance of an imperious superiority, assumed by her, had drawn a peevish letter from Mary ; and the seemingly amicable correspondence between the two queens was, during some time, interrupted. In order to make up the breach, the queen of Scots dispatched sir James ilelvil to London ; who has given us in his memoirs a particular .account of his negociation. I5(j4. Jlelvil was an agreeable courtier, a man of address and conversation ; and it w.as recommended to him by his mistress, that, besides gr.ave reasonings, concerning politics and state-affairs, he should intro- duce more entertaining topics of conversation, suitable to the sprightly character of Elizabeth : and should endeavour by tliat means to insinuate himself into her confidence. He succeeded so well, that he threw that artful princess entirely off her guard ; and made her discover the bottom of her heart, full of all those levities and follies .and ideas of rivalship which possess the youngest and most frivolous of her set. Ha I Chap. XXXIX.] ELIZABETH, 1.5o8— 1C03. 46! talked to lier of liis travels, and forgot not to mention the different dresses of tlio ladies in different coun- tries, and tlie particular advantages of cacli, in setting off the beauties of the shape and person. The queen said, that she had dresses of all countries ; and she toolc care thenceforth to meet the ambassador every day .apparelled in a different habit : sometimes she was dressed in the English g.arb, sometimes in the French, sometimes in the Italian ; and she asked him, j which of them became her most? lie answered the Italian ; .a reply that, he knew, would be agreeable to her, because that mode showed to advantage her flow- ing locks, which he remarked, though they were more red than yellow, she foncied to be the finest in the world. She desired to kuow of him what was reputed the best colour of hair : she asked whether his queen or she had the finest hair : she even inquired which of them he esteemed the fairest person : a very delicate question, and which he prudently eluded, by saying, that her majesty was the fairest person in England, and his mistress in Scotland. She next demanded which of them w.as tallest ; he replied, his queen ; then is she too tall, said Elizabeth: for I myself am of a just stature. Having learned from him, that his mistress sometimes recreated herself by playing on the harpsi- chord, an instrument on which she herself excelled, she gave orders to lord Hundson, that he should lead the ambassador, as it were casually, into an aiiartment, where he might hear her perform ; and wlien Slelvil, as if r.avislied with the harmony, broke into the queen's apartment, she pretended to be displeased with his in- trusion; but still took c.are to ask him, whether he thought M.ary or her the best performer on that instru- ment ? From tlie whole of her behaviour, Melvil thought he might, on his return, assure his mistress, that she had no reason ever to expect any cordial friend.ship from Elizabeth, and that .all her professions of amity were full of falsehood and dissimulation. After two years had been spent in eviisions and arti- fices, Mary's subjects and counsellors, aud probably herself, begiin to think it full time that some marriiige were concluded ; and lord Dainlcy, son of the carl of Lenox, w.as tlie person in whom most men's opinions and wishes centered. He w.is Mary's cousin-german, by the lady Margaret Douglas, niece to Harry VIII., aud daughter of the earl of Angus, by Margaret, queen of Scotland. He had been born and educated in Eng- land, where the e.irl of Lenox had constantly resided, since he had been banished by the prevailing power of the house of Hamilton : aud as Darnley was now in his twentieth year, aud was .a very comely person, tall and delicately shaped, it was hoped that he might soon render himself agreeable to the queen of Scots. He was also by his father a branch of the same family with herself ; and would, in espousing her, preserve the royal dignity in the house of Stuart : he was, after her, ne.xt heir to the crown of England ; and those who pre- tended to exclude her on account of her being a fo- reigner, had endeavoured to recommend his title, and give it the preference. It seemed no iuconsideiable advantage, that she could by marrying, unite Ijotli their claims; and as he was by birth an Englisliman, and could not, by his power or alliances, give any ground of suspicion to Elizabeth, it was hoped that the proposal of this m.arriage would not be unacceptable to tliat jealous princess. Eliziiheth was well informed of these intentions; and was secretly not displeased with the projected marriage between Darnley .and the queen of Scots. She would rather have wished that Mary hiid continued for ever in a single life; but finding little probability of rendering this scheme effectmal, she was satisfied with a choice which freed her at once from the dread of a foreign .alliance, and from the necessity of parting with Leicester, her fiivourite. In order to pave the way to Darnley's marri.age, she secretly desired Mary to invite Lenox into Scotland, to reverse his attainder, and to restore him to his houours aud fortune. And when her request was complied with, she took care, in order to preserve the friendship of the Uamiltons and her other partisans in Scotland, to blame openly this conduct of Mary. Hearing that the negociation for Darnley's marriage advanced apace, she g.ave that noljleuian permission, on his first .application, to follow Iiis father into Scotl.and: but no sooner did sho le.nru that the queen of Scots was taken with his figure aud person, and that all measures were fixed for espousing him, than she exclaimed against the marriage : sent Throgmorton to order Darnley immediately, upon his allegiance, to return to England ; threw the countess of Lenox and her second son into the Tower, where they suffered a rigorous confinement; seized all Lenox's English estate ; and thougli it was impossible for her to assign one single reason for her displeasure, she menaced, and protested, and conq)lained, as if she had sufl'ered the most grievous injury in the world. The politics of Elizabeth, though judiciou.s, were usually full of duplicity aud artifice; but nevermore so than in her transactions with the queen of Scots, where there entered so manylittle passions and narrow jealousies, that she durst not avow to the world the reasons of her conduct, scarcely to her ministers, and scarcely even to herself. Liut besides a womanish rivalship and envy against the mairiage of this prin- cess, she had some motives of interest for feigning a displeasure on the present occasion. It served her as a pretence for refusing to acknowledge Mary's title to the succession of England ; a point to which, for good reasons, she was determined never to consent. And it was useful to her for a purpose still more unfriendly and dangerous, for encouraging the discontents and rebeUion of the Scottish nobility and ecclesiastics. Notliing can be more unhappy for a people than to be governed by a sovereign attached to a religion dif- ferent from the established : and it is scarcely possible that mutual confidence can ever, in such a situation, luave place between the prince and his subjects. Jhuy's conduct had been hitherto in every respect unexcep- tionable, aud even laudable ; yet had she not made such progress in acquiring popularity, as might have been expected from her gracious deportment and agreeable accomplishments. Suspicions every moment prevailed on account of her attachment to the catholic faith, and especially to her uncles, the open and avowed promoters of the scheme for e.xteiiniualing the pro- fessors of the reformed religion throughout all Europe. She still refused to ratify the acts of parliament which had established the Reformation ; she made attempts for restoring to the catholic bishops some part of their civil jurisdiction; aud she wrote a letter to the council of Trent, in which, besides professing her attachment to the catholic faith, she took notice of her title to suc- ceed to the crown of England, and expressed her hopes of being able in some period, to bring back all her dominions to the bosom of the church. The zealots among the protestants were not wanting, in their turn, to exercise their insolence against lu'r, which tended still more to alienate her from their faith. A law was enacted, making it capital, on the very first ofi'euce, to say mass anywhere, except in the queen's chapel; and it was with difficulty that even this small indul- gence was granted her : the general .assembly iniijor- tuned her anew to change her religion ; to renounce the blasphemous idolatry of the mass, with the tyranny of the Roman antichrist; and to embrace the true religion of Christ Jesus. As she answered with tem- per, that she was not yet convinced of the falsity of her religion, or the impiety of the nuass ; and that her apostacy wouhl lose her the friendship of her allies ou the continent ; they rtqilied, by assuring her, th.at their religion was undoubtedly the s.ame which liail beeu revealed by Jesus Christ, which had been preached by tlie apostles, and which had been embi-aced by the faithful in the primitive ages ; that neitlier the religion of Turks, Jews, nor Papists w.as built on so solid a foundation as theirs ; that they alone, of all the various JJ 462 THE HISTORY OF ENGLAND. [Chai'. XXXIX. species of leUgionisls spiead over the face of the eailli, were so happv as to bo possessed of the truth ; that those who hoar, or rather who gaze on the mass, allow sacrilege, pronounce blasplieniy, and connnit most Rbominable idolatry ; and that llie friendship of the King of kings was preferable to all the alliances in the world. THE QUETEN OF SCOTS AtARRIES THE EARL OF DARNLEY. The marriage of the qneen of Scots had kindled afresh the zeal of the reformers, because the family of Lenox was believed to adhere to the catholic faith : and though Darnley, who now bore the name of king Henry, went often to the established church, he could not, by this exterior compliance, gain tlie confidence and ron-ard of the ecclesiastics. They rather laid hold of the opportunity to insult him to his face; and Knox scrupled not to tell him from the pulpit, tliat God, for punishment of the offences and ingratitude of the peo- ple, was wont to commit the rule over tliem to boys and women. The populace of Edinburgh, instigated by snch doctrines, began to meet and to associate them- selves ao-ainst the government. But what threatened more immediate danger to Mary's authority, were the discontents which prevailed among some of the principal nobility. The duke of Chatelranlt was displeased with the restoration, and still more with the aggrandizement of the family of Lenox, his hereditary enemies ; and entertained fears lest his own eventual succession to the crown of Scotland should be excluded by his rival, who had formerly advanced some pretensions to it. The earl of Min-ray found his credit at court much diminished by the interest of Lenox and his son; and began to apprehend the revocation of some consider- able grants, which he had obtained from JLary's bounty. The earls of Argyle, Rothes, and Glencairn, the lords Boyde and Ochiltry, Kirkaldy of Grange, Pittarow, were instigated by like motives ; and as these were the persons who had most zealously pro- moted the Reformation, they were disgusted to find tliat the queen's favour was entirely engrossed by a new cabal, the earls of Bothwel, Athole, Sutlierland, and Huntley ; men who were esteemed either lukewarm in religious controversy, or inclined to tlio catholic party. The same ground of discontent, which, in other courts is the source of intrigue, faction, and opposition, commonly produced in Scotland, either projects of assassination, or of rebellion; and besides mutual accus.ations of the former kind, which it is difficult to clear up, [See note 2 Q, at the end of this To/.] the malcontent lords, as soon as they saw the queen's raar- riao-e entirely resolved on, entered into a confederacy for taking arms against their sovereign. They met at Stirling ; pretended an anxious concern for the secu- rity of religion ; framed engagements for mutual de- fence; and made applications to Elizabeth for assist- ance and protection. Tliat princess, after publishing the expressions of her displeasure against the marriage, had secretly ordered her ambassadors, Randolph and Throgmorton, to give in her name some promises of support to the malcontents; and had even sent them a supply of ten thousand pounds, to enable them to begin an insurrection. Mary was no sooner informed of the meeting at Stir- ling, and the movements of the lords, than she summon- ed them to appear in conit, in order to answer for their conduct; and having levied some forces to execute the laws, she obliged the rehels to leave the low countries, and take shelter in Argyleshire. That she might more efiectnally cut off their resources, she proceeded with the king to Glasgow, and farced them from their retreat. They appeared at Paisley, in the neighbour- hood, with about a thousand horse; and passing the queen's army, proceeded to Hamilton, thence to Edin- liurffh, which they entered without resistance. They expected great re-enforcements in this place, from the eftbrts of Knox and the seditious preachers; and they beat their drums, desiring all men to enlist, and to re- ceive wages for the defence of God's glory. But the nation was in no disposition for rebellion: Mary was esteemed and beloved ; her marriage was not generally disagreeable to the people: and the interested views of the malcontent lords were so well known, that their pretence of zeal for religion had Utile influence even on the ignorant populace. The king and queen ad- vanced to Edinburgh at the head of their army: the rebels were obliged to retire into the south ; and being pursued by a force which now amounted to eighteen thousand men, they found themselves under a necessity of abandoning their country, and of taking shelter in England. Elizabeth, when she found the event so much to dis- appoint her expectations, thought proper to disavow all connexions with the Scottish malcontents, and to declare everywhere, that she had never given them any encouragement, nor any promise of countenance or assistance. She even carried further her dissimula- tion and hypocrisy. Murray had come to London, with the abljot of Kilwinning, agent for Chatelrault ; and she seduced then), by secret assurances of protec- tion, to declare, before the ambassadors of France and Spain, that she had nowise contributed to their insur- rection. No sooner had she extorted this confession from them, than she chased them from her presence, called them imworthy traitors, declared that their de- testable rebellion was of bad example to all princes ; and assured them, that as she had hitherto given them no encouragement, so should they never thenceforth re- ceive from her any assistance or protection. Throg- morton alone, whose honour was equal to his abilities, could not bo prevailed on to conceal the part which he had acted in the enterprise of the Scottish rebels ; and being well apprized of the usual character and conduct of Elizabetli, he had had the precaution to obtain an order of council to authorize the engage- ments which he had been obliged to make with them. The banished lords, finding themselves so harshly treated by Elizabeth, had recourse to the clemency of their own sovereign ; and after some solicitation and some professions of .sincere repentance, the duke of Chatelr.ault obtained his pardon, on condition that he should retire into France. Mary was more implacable against the ungi'ateful earl of Murray and the other confederates, on whom she threw the chief blame of the enterprise ; but as she was continually plied with applications from their friends, and as some of her most judicious partisans in England thought that nothing would more promote her interests in that kingdom, than the gentle treatment of men so celebrated for their zeal against the catholic religion, she agreed to give way to her natural temper, which inclined not to severity, and she seemed determined to restore them to favour. In this interval, Rambouillet arrived as am- bassador from France, and brought her advice from her uncle, the cardinal of Lorraint', to whoso opinion she always paid an extreme deference, by no means to pardon these protestant leaders, who had been engaged in a rebellion against her. The two religions, in France, as well as in other parts of luirope, were rather irritated than tired with their acts of mutual violence ; and the peace granted to the hugonots, as had been foreseen by Coligny, w.as intended only to lull them asleep, and prepare the way for their final and absolute destruction. The queen- regent made a pretence of travelling through the king- dom, in order to visit the provinces, and correct all the abuses arising from the late civil war ; and after having held some conferences on the frontiers with the duke of Lorraine and the duke of Savoy, she came to Bayonne, where she was met by her daughte:, the queen of Spain, and the dukeof Alva. Nothing appeared in thecongress of these two splendid courts, but gaiety, festivity, love, and joy; but amidst these smiling appeai'ances were T Chap. XXXIX.J ELIZABETH. 1558—16(3. 463 secretly fabricated schemes the most blooily, and the most destructive to the repose of mankind, that liad ever beeu thought of iu any age or nation. No luss tlian a total and universal e.\terminatiou ef the pro- testauts by fire and sword was concerted by Philip and Catherine of Sledicis ; and Alva, agreeably to his fierce and sanguinary disposition, advisoil tlie queen- regent to commence the execution of this ju-oject, by the immediate massacre of all the leadci-s of the hugo- nots. Llut that princess, though e(iually hardened against every humane sentiment, wouhl not forego tliis tpportunity of displaying lier wit and refined politics ; and she jiurposed, ratlior by treachery and dissimula- tion, wliich she called address, to lead tlie protestants into tlie snare, and never to draw the sword till they were totally disabled from resistance. CONFEDERACY AGAINST THE PROTESTANTS. The cardinal of Lorraine, whose character bore a great affinity to that of Alva, was a chief author of this barbarous association against tlie I'eformcrs ; and having connected hopes of success witli the aggran- disement of Ids niece, the queen of Scots, he took care, that her measures should correspond to those violent counsels which were embraced by the other catholic princes. In consequence of this scheme, he turned her from the road of clemency, which she intended to have followed ; and made her resolve ou the total ruin of the banished lords 15G6. A parliament was sum- moned at Edinburgh for attainting them ; and as their guilt was palpable and avowed, no doubt was enter- tained but sentence would be pronounced against them. It was by a sudden and violent incident, which, in the issue, brought on the ruin of Mary herself, that they were saved from the rigour of the law. The marriage of the (jueen of Scots with lord Daru- ley was so natural, and so inviting in all its circum- stances, that it had been precipitately agreed to by that princess and her council ; aud while she was al- lured by his youth and beauty, ami exterior accom- plishments, she had at first overlooked the qualities of his iiiiud, which nowise corresponded to the excellence of his outward figure. Violent, yet variable in his re- solutions ; insolent, yet credulous and easily governed by flatterers; he was destitute of .ill gratitude, because he thought no favours equal to his merit; and being addicted to low pleasures, he was equally incapable of all true sentiments of love and tenderness. The queen of Scots, in the first effusions of her fondness, had taken a pleasure in exalting him beyond measure : she had granted him the title of king; she had joined his name with her own in all public acts; she intended to have procured him from the iiarliament a matrimonial crown : but having leisure afterwards to remark his weakness and vices, she began to see the danger of her profuse liberality, and was resolved theuceforth to proceed with more reserve in the trust which she should confer upon him. His resentment against this prudent conduct served but the more to increase her disgust ; and the young prince, enraged at her ima- gined neglects, pointed his vengeance against every one whom ho deemed the cause of this change iu her measures and behaviour. MURDER OF RIZZIO. There was in the court, one David Rizzio, who had of late obtained a very extraordinary degree of confi- dence and favour with the queen of Scots. He was a Piedmontese, of mean birth, son of a teacher of music, himself a musician ; aud finding it diflieult to subsist by his art iu his own countiy, he liiid followed into Scotland an amba-ssador, whom the duke of Savoy sent : thither to pay his compliments to Jlary, some time after her first arrival. lie possessed a good ear and a toler- able voice; and as that princess found him useful to complete her band of music, she retained him in her service after the dejiai ture of his master. Her secre- tary for French dispatches having, some time after, in- curred her disjilcasure, she ])romoted Rizzio to that office, which gave him frequent opportunities of ap- proacliing her person and insinu.ating himself into her favour. He was shrewd and sensible, as well as aspir- ing, uiuch beyond his rank and education ; and iitf made so good use of the access which fortuue had pro- cured him, that he was soon regarded as the chief con- fidant, and even minister of the queen. He was con- sulted on all occasions; no favours could be obtained but by his intercession ; all suitors were obliged to gain him by presents and flatti'i-y ; and the man, inso- lent from his new exaltation, as well as rapacious in his acquisitions, soon drew on himself the hatred of the nobility and of the whole kingdom. He had at first employed his credit to jiromote Darnley's marriago ; and a firm friendship seemed to be established between them : but on the subsequent change of the queen's sentiments, it was easy for Henry's friends to persuade him that liizzio was the real author of her iuditferenco, and even to rouse in his mind jealousies of a more dangerous nature. The favourite was of a disagreeable figure, but was not past his youth ; {Sec note 3 11, at the eml nf this Vol. ;] aud though the opinion of his crimi- nal corresiiondenco with Mary might seem of itself unreasonable, if not absurd, a suspicious husband could find no other means of accounting for that lavish and imprudent kindness with which she honoured him. The rigid austerity of the ecclesiastics, who could admit of no freedoms, contributed to spi-ead this opinion among the people; aud as Rizzio was universally be- hoved to be a pensionary of the pope's, and to be deeply engaged in all schemes against the protestants, any story, to his and Mary's disadvantage, received an easy credit among the zealots of that communion. Rizzio, who had connected his interests with the Roman catholics, was the declared enemy of the banished lords; and by promoting the violent prose- cution against them, he had exposed himself to the animosity of their numerous friends and retainers. A scheme was also thought to be formed for revoking some exorbitant grants made during the queen's mi- nority ; and even the nobihty who had seized the ec- clesiastical benefices, began to flunk themselves less .secure in the possession of them. The earl of Morton, chancellor, was affected by all these considerations, and still more by a rumour spread abroad, that Jlary intended to appoint Rizzio chancellor in his place, aud to bestow that dignity on a mean and upstart foreigner, ignorant of the laws and language of the country. So indiscreet had this princess been in her kindness to Rizzio, that even that strange report met with credit, and proved a great means of accelerating the ruin of the favourite. Morton, insinuating himself into Henry's confidence, employed all his art to inflame the discontent and jealou.syof that prince ; and he persuaded him that the only means of freeing himself from the indignities under which he laboured, was to bring the base stranger to the fate which he had so well merited, and which was so passionately desired by the whole nation. George Douglas, natural brother to the countess of Lenox, concurred in the same advice ; and the lords Ruthven and Linde-sey, being consulted, offered their assistance in the enterprise ; nor was even the carl of Lenox, the king's father, averse to the design. But as these con- spirators were well acquainted with Henry's levity, they engaged him to sign a paper, in which he avowed the undertaking, as tending to the glory of God and advancement of religion, and promised to protect them against every consequence which might ensue upon the assassination of Rizzio. All these measures being concerted, a messenger was dispatched to the banished lords, who were liovering near the borders ; aud they were invited by the king to return to their native country. This design, so atrocion.s in itself, was rendered still ■161 THE HISTORY OF ENGLAND. [Chap. XXXIX. more so by tlic civcumstanrcs -nhicli .ittoiuled its exe- cution, j'lary, who -was in tlie sixth month of her pregnancy, was supping in private, anil had at table the'couute.ss of Argyle, her natural sister, \vlthRiz.^io, and others of her "servants. The king entered the room liy a private passage, and stood at the back of Mary's chair : lord Ruthven, George Douglas, and other conspirators, being all armed, ruslied in after him ; and tlie queen of Scots, teirified with the appearance, demanded of them the reason of this rude intrusion. They told her, that they intended no violence against lier person : but meant only to bring that villain, point- ing to Eizzio, to his deserved punishment. Rizzio, aware of the danger, ran behind his mistress, and seizing her by the waist, called aloud to her for pro- tection ; while she interposed in his behalf, with cries, and menaces, and entreaties. The impatient assassins, regardless of her efforts, rushed upon their prey, and by overturning everything which stood in their way, increased the horror and confusion of the scene. Doug- las, seizing Henry's dagger, stuck it in tlie body of Rizzio, wlio, screaming with fear and agony, was torn from Mary by the other conspirators, and puslied into the ante-chamber, where lie was dispatched with fifty- six wounds. The unhappy princess, informed of his fate, immediately dried her tears, and said, she would weep no more, slie would now think of revenge. The insult, indeed, upon her person ; the stain attempted to be fixed on her honour ; the danger to which her life was exposed, on account of her pregnancy; were in- juries so atrociousandsoeomplicated, that they scarcely left room for pardon, even from the greatest lenity and mercy. The assassins, apprehensive of JIary's resentment, detained her prisoner in the palace ; and the king dis- missed all wlio seemed willing to attempt her rescue, by telling them that nothing was done without his orders, and tliat he would be careful of the queen's safety. Slurray and the banished lords appeared two days after ; and Mary, whose anger was now en- grossed by injuries more recent and violent, was will- ijigly reconciled to them ; and she even received her brother with tenderness and affection. They obtained an acquittal from parliament, and were re- instated in their honours and fortunes. The accom- plices also in Rizzio's nitirder applied to her for a par- don ; but she artfully delayed compliance, and per- suaded them, that so long as she was detained in custody, and was surrounded by guards, any deed, which she should sign, would have no validity. Mean- Avhile, she had gained the confidence of her husband, by her persuasion and caresses; and no sooner were the guards withdrawn, than she engaged him to escape with her in the night-time, and t.ake shelter in Dunljar. Many of her subjects here oft'ered her their services : and JIary having collected an army, which the conspi- rators had no power to resist, advanced to Kdinburgh, and obliged them to fly into England, where they lived in great poverty and distress. They made appli- cations, however, to the earl of Bothwel, .a new fa- vourite of Mary's; and that nobleman, desirous of strengthening his party by the accession of their inte- /est, was able to pacify her resentment ; and he soon after procured them liberty to return into their own coimtry. The vengeance of the queen of Soots was implacable against her husband alone, whose person was before disagreeable to her, and who, by liis violation of every tie of gi-atitude and duty, liad now drawn on him her highest resentment. She engaged him to disown all connexions with the assassins, to deny any concur- rence in their crime, even to publish a proclamation containing a falsehood so notorious to the whole world ; and liaving thus made him expose himself to universal contempt, and rendered it impracticable for him ever to acquire the confidence of any party, she threw him off with disdain and indignation. As if she bad been making an escape from him, she -suddenly withdrew to Alloa, a seat of the earl of JIarre's ; and when Henry followed her thither, she suddenly returned to Kdin- burgh ; and gave him everywhere the strongest prool'a of displeasnre, and even of antipathy'. She encouraged her courtiers in their neglect of him ; and she was pleased that his mean equipage and snuxU train of at- tendants should draw on him the contempt of the very populace. He was permitted, however, to have apartments in the castle of Edinl)\irgli, vhieh Mary had chosen for the place of her delivery. She there brought forth a son ; (19th June ;) and as this was very important news to England as well as to Scotland, she immediately dispatched sir James ilelvil to carry intel- ligence of the h.ippy event to Elizabeth. Melvil tells us, that this princess, the evening of his arrival in London, had given a ball to her court at Greenwich, and was displaying all that spirit and alacrity, which usu.illy attended her on these occasions : but when news arrived of the prince of Scotland's birth, all her joy was damped; she sunk into melancholy; she re- clined her head upon her arm; and complained to some of her attendants, that the queen of Scots wiia mother of a fair son, while she herself was but a barren stock. Next day, however, at the reception of the ambassador, she resumed her former dissimulation, put on a joyful countenance, gave Melvil thanks for the liaste he had made in conveying to her the agree- able intelligence, and expressed the utmost cordiality and friendship to her sister. Some time after, she dis- patched the carl of Bedford, with her kinsman, Georgo Carv', son of lord Hunsdon, in order to oiSciate at the baptism of the young prince ; and she sent by theiu some magnificent presents to the queen of Scots. A PARLIAJIENT, September 30. The birth of a son g.avc additional zeal to JEary's partisans in England; and even men of the most op- posite parties began to cry aloud for some settlement of the succession. These humours broke out with great vehemence in a new session of parliament held after six'prorogations. The house of peers, which liad hitherto forborne to touch on this delicate point, here took the lead ; and the house of commons soon .after imitated the zeal of the lords. Molineux opened the matter in the lower house, and proposed that the ques- tion of the succession and that of sujiply should go hand in hand : as if it were intended to constrain the queeu to a eomjdiance with the request of her parliament. The courtiers endeavoured to elude the debate : sir Ralph Sadler told the house, that he had heard the queen positively affirm, that, for the good of her peo- ple, she was determined to marry. Secretary Cecil and sir Francis KnoUys gave their testimony to the same purpose ; as did also sir Ambrose Cave, chancellor of the duchy, and sir Edward Rogers, comptroller of the household. Elizabeth's ambitious and masculine cl'.a- racter was so well known tliat few members gave any credit to this intelligence ; and it was considered merely as an artifice, by which she endeavoured to retract that positive declaration, wlwch she had made in the beginning of her reign, that she meant to live and die a virgin. The ministers, therefore, gained nothing further by this piece of policy, tlian only to engage the house, for the sake of decency, to join the question of the queen's marriage with that of a settlement of the crown; and the commons were proceeding with great earnest- ness in the debate, and had even appointed a committee to confer with the lords, when express orders weic brought them from Elizabeth not to proceed further in the matter. Cecil told them, that she pledged to the house the word of a queen, for her sincerity in her intentions to marry ; that the appoijitment of a suc- cessor would be attended with great danger to her person ; that she herself had had experience, during the reign of her sister, how much court was usually paid to the next heir, and what dangerous sacrifices men were commonly disposed to make of their present duty to th")x future prospects ; and that she was there- Chap. XXXIX. ELIZABETH, I.5o8-16-03. Mn foi'c, ilotermincd to delay, till a more proper opportu- nity, tlie (ieeision of tliiit impoitaiit qupstion. The iioiisowas not satisfifd witli these reasons, and still less widi the command, prohihiling thoni all debate on the fiulijeet. Paul Wentworth, a spirited member, "went so far as to question whether such a ]irohibition were not an infringement of the liberties and privileges of the house. Some even ventured to violate that pio- found respect which had hitherto been preserved to the queen ; and they affirmed that she was bound in duty, not only to ])ravide for the happiness of her sulijects during her own life, but also to )iay regard to their fu- ture security, by fixing a successor ; that, by an o]ipo- site conduct, she showed herself the step-mother, not the natural ]iarent, of her ])eople, and would seem de- sirous, that Kngland should no longer subsist than she should enjoy the glory and sati.sfaetion of governing it : tliat none but timorous princes, or tyrants, or faint- liearted women, ever stood in fear of their successors ; and that the affections of the people were a firm and ini])regnable rampart to every sovereign, who, laying aside all artifice or bye-ends, had courage and mag- nanimity to put his whole trust in that honourable and sure defence. The queen, hearing of these debates, sent for the s])eaker, and after reiterating her former pro hibition, she bade him inform the house, that if any member remained still unsatisfied, he might appear bo- fore the privy-council, and there give his reasons. As the members showed a disposition, notwithstanding these peremptory orders, still to proceed upon the question, Klizabeth thought proper, by a message,to revoke them, and to allow the house liberty of debate. They were so mollified by this gracious condescension, that they thenceforth conducted the matter with more calmness and temjier ; and they even voted lier a supply, to be levied at three payments, of a subsidy and a fifteenth, without annexing any condition to it. The queen soon after dissolved the ]iarli,anH'nt, (2nd .January, loG/,) and told them with some sharpness in the conclusion, that their proceedings bad contained much dissimulation and artifice ; that, under the iilausible pretences of marriage and succession, many of them covered very malevolent intentions towards her ; but that , however, she reaped this advantage from the attemiits of tliese men, that she could now distinguish her friends from her enemies. " Cut do you think," added she, " that I am unmindful of your future security, or will be negligent in seitling tlie succession i That is the chief object of my con- cern ; as I know myself to be liable to mortality. Or do you ajiprehend that I meant to encroach on your liber- ties! No; it was never my meaning : I only intended to stop you before you approached the precipice. All things have their time ; and though you may be blessed with a sovereign more wise or more learned than I, yet 1 assure you, that no one will ever rule over you, who chall be more careful of your safety. And therefore, henceforward, whether I live to see tlie like assembly or no, or whoever holds the reins of government, let me warn you to beware of i)rovoking your sovereign's patience, so far as you have done mine. But I shall now conclude, tliat, notwithstanding the ilisgusts I liave received, (for I mean not to part with you in anger,) the greater part of yon may assure themselves that they go home in their prince's good graces." Klizabeth carried further her dignity on this oc- casion. She had received the subsidy without any con- dition ; but as it was believed that the commons had given lior that gratuity with a view of engaging her to yield to their requests; she thought proper, on her re- fusal, voluntarily to remit the third payment ; and she said, that money in her subjects' pmscs was as good to lieras in her own exchequer. Jjut though the queen was .able to elude, for the pre- sent, the applications of parliament, the friends of the queen of Scots multiplied every day in England : and besides the catholics, many of whom kept a treasonable corrcsjiondencc with her, and were ready to rise at her avowed partisans. The duke of Norfolk, tlie earls of Leicester, Pembroke, Bedford, Northumberland, sir Nicholas Throgmorton, and most of the considerable men in Kngland, except Cecil, seemed convinced of the necessity of declaring her the successor. None but the more zealous protestants adhered either to the countess of Hertford, or to her aunt, Eleanor, counte?s of Cum- berland ; and as the marriage of the former seemed liable to some objections, and had been declared invalid, men were alarmed, even on that side, with the jiros- pect of new disputes concerning the succession. JIary's behaviour also, so moderate towards the protestants, and so gracious towards all men, had procured her uni- versal respect ; and the public was willing to ascribe any imjirudences, into whieh she had fallen, to her youth and inexperience, lint all these fiatteriiig pros- pects were blasted by the subsequent incidents; where her egregious indiscretions, shall I say i or atrocious crimes, threw her from the height of her prosperity, and involved her in infamy and in ruin, MURDER OF DARNLEY. The earl of Bothwel was of a considerable family and power in Scotland ; and though not distinguished by any talents either of a civil or military nature, he had made a figure in that party which tqiposed the greatness of the carl of JIurray, and the more rigid Ueformers. lie was a man of proHigate manners; had involved his opulent fortune in great debts ; and even reduced himself to beggary by his profuse expenses ; and seemed to have no resource but in desperate coun- cils and enterprises. lie had been accused more than once of an attempt to assassinate Murray ; and thouo-Ii the frequency of these accusations on all sides diminish somewhat the credit due to any particular imputation, they prove sufficiently the prevalence of that detestable practice in Scotland, and may in that view serve to render such rumours the more credible, 'i'liis man had of late acquired the favour and entire confidence of Jlary ; and all her measures were directed by his ad- vice and authority. Reports were spread of more par- ticular intimacies between them ; and these reports gained ground from the continuance or rather increase of her hatred towards her husband. That young prince was reduced to such a state of desperation, by the ne'i-- lects which he underwent from his queen and the courtiers, that he had once resolved to fly secretly into France or Sjiain, and had even provided a vessel for that purpose. Some of the most considerable nobility, on the other hand, observing lier rooted aversion to him, had jtroposed some expedients for a divorce ; and though Mary is said to have spoken honoumbly on the occasion, and to have embraced the proposal no further than it should be found consistent with her own hon- our and her son's legitimacy, men were inclined to believe that the difficulty of finding proper means for effecting that jiuriiose, was the real cause of layin» aside all further thoughts of it. So far were the sus- picions against her carried, that when Henry, discou- raged with the continual proofs of her hatred, left the court and retired to Glasgow, an illness of an exfraor- dinary nature, with which he was seized immediately on his arrival in that place, was universally ascribed by her enemies to a dose of poison, which, it was pre- tended, she had administered to him. AVIiiie affairs were in this situation, all those who wished well to her character, or to public tianquillity, were extremely pleased, and somewhat surprised, to hear, that a friendship was again conciliated between them, that she had taken a journey to Glasgow on ])ur- pose to visit him during his sickness, that sl:e behaved towards him with great tenderness, that she had brought him along with her, and that .she ajqieared thenceforth determined to live with him on a footing more suitable to the connexion between them. Henry, natui'ally uxorious, aTid not. distrusting this sudd(^u couimand, the court itself of Elizabeth was full of lier ' recoucili.iticn, put Inmself iinplicitlv into her liawls, Vol. I. 'so 466 THE HISTORY OF ENGLAND. [Chap. XXXIX nnfl ultciidcd her to Edinburgh. She lived in the palace of Ilolyrood house ; but as the situatiuu of tlie i)lace was low and the coucouiso of people about tlie eourt was necessarily attended witli noise, which miylit dis- turb hiui in his present infirm state of health, these reasons were assigned for fitting up an apartment for him in a solitary house, at some distance, called the Kirk of Field. "Mary here gave him marks of kindness and attachment; she conversed cordially with hini ; and she lay some nights in a room below his; but on the niutli of February, she told him, that she would pass that night in the palace, because the marriage of one of her servants was tliere to be celebrated in her presence. About two o'clock in the morning, (10th February,) the whole town was much alarmed at hear- ing a great noise ; and was still more astonished, when it was discovered that the noise came from the king's house, which was blown up by gunpowder; that liis dead body was found at some distance in a neighbour- ing field ; and that no marks either of fire, contusion, or violence apjieared upon it.* No doubt could be entertained but Henry was mur- dered ; and general conjecture soon pointed towards the earl of Bothwel as the author of the crime. But as his favour with JIary was visible, and his power p-eat, no one ventured to declare openly his senti- ments; and all men remained in silence and mute astonishment. Voices, however, were heard in the streets, during the darkness of the night, proclaiming Bothwel, and even Mary herself, to be murderers of the king; bills were secretly afE.xed on the walls to the same purpose ; offers were made that, ujion giving proper securities, his guilt should be openly proved. But after one proclamation from the court, offering a reward and indemnity to any one that would discover the author of that villany, greater vigilance was em- ployed in searching out the spreaders of the libels and reports against Bothwel and the queen, than in tracing the contrh-ers of the king's assassination, or detecting the regicides. Tiie earl of Lenox, who lived at a distance from court, in poverty and contempt, was roused by the re- port of his son's murder, and wrote to the queen, im- ploring speedy justice against the assassins; among whom he named the earl of Bothwel, sir James Bal- four, and Gilbert Balfour his brother, Da^-id Chalmers, and four others of the queen's household; all of them persons Avho had been mentioned in the bills affixed to the w.alls at Edinburgh. Mary took his demand of speedy justice in a very literal sense ; and allowing only fifteen days for the examination of this important affair, she sent a citation to Lenox, requiring him to appear in court, and jirove his charge agaiust Bothwel. This noble, meanwhile, and all the other persons .ac- cused by Lenox, enjoyed their full liberty ; Bothwel himself was continually surrounded with armed men ; took his place in council ; lived during some time in the house with Mary ; and seemed to possess all his wonted confidence and familiarity with her. Even the castle of Edinburgh, a place of great consequence in this critical time, was intrusted to him, and under him, to his creature, sir James Balfo\ir, who had himself been publicly charged as an accomplice in the king's murder. Lenox, who had come as far as Stirling, with a view of appearing at the trial, was informed of all these circumstances ; and reflecting on the small train which attended him, he began to entertain very just apprehensions from the power, insolence, and temerity of his enemy. He wrote to Mary, desiring that the day of trial might be prorogued ; and conjured her, by all the regard which she bore to her own honour, to employ more leisure and deliberation in determining a question of such extreme moment. No regard was paid to his application : the jury was enclosed, of which • It was iniasiiied that Ueuvy had been stranslefl Iiefove the house was tlown up. Hut this suppositiun is cniitradifteJ hy the ounfession of the crimU tlftis; aud there is nuubar; while the confederate lords were assembling their troojis at Edinburgh, and taking measures to eft'ect their ]iur- pose. Had Botliwel been so prudent as to keep within the fortress of Dunbar, his enemies must have dis- persed for want of pay and subsistence; but hearing that the associated lords were fallen into distress, he was so r.ash ixs to take the field, and advance towards tliein. (15tli June.) 'J'lie armies met at Carberry Hill, about six miles from Edinburgh; and Mary soon be- came sensible that her own troops disajiproved of her cause, and were .averse to spill their blood in the quar- rel. After some bravadoes of Bothwel, where he discovered very little courage, she saw no resource but that of holding a conference with Kirkaldy of Grange, and of putting herself, ujioii some general promises, into the hands of the confederates. She wiis conducted to I'.dinbiirgh, amidsj. the insults of the populace; who reproached her with her crimes; and even held before her eyes, which w-ay soever she turned, a banner, on which were painted the murder of her husband, and the distress of her infant son. Mary, overwhelmed with her cahiniities, had recourse to tears and lamentations. Meanwhile Botliwel, during her conference with Grange, fled unattended to Dun- bar; aud fitting out a few small ships, set sail f'or the Orkney.s, where he subsisted during some time by piracy. He was pursued thither by Grange, and his ship w.as taken, with several of liis servants, who afterwards discovered all the circumstances of the king's murder, and were punished for the crime. Bothwel himself escaped in a boat, and found means to get a passage to Denmark, where he was thrown into prison, lost his senses, and died miserably about ten years after; an cud worthy of his Hagitioiiii coa- duct and behaviour. , Chap. XXSIX.. ELIZABETH 1.5.38— 1G03 •169 IMPRISONMENT OF MARY. The queen of Scois, now in Ihe liands of an enraged faction, met with sufli trc^ilnieiit as a sovereign n:ay naturally expi-ct Iroin sul)jt'cts wlio liave their future security to provide for, as well as tlieir present ani- mosity to gratify. It is preteni'ed, that she behaved with a spirit very little siiitalile to her condition, avowed her inviulable attachment to liothwt;!, and even wrote him a letter, wliieh the lorti.'^ iutt rcepted, wherein .»-he declared, that she would endure any ex- tremity, nay, rrsign her dignity and crown itself, rather than relinquish his aifectious.'' Tl.e malcontents, finding the d;inger to which they were exposed, in case Mary should finally prevail, thought themselves obliged to proct'cd w'uh rigour against her; and they sent her next day undrr a guard to the castle of Loch- levin, situated ill a lake of that name. The mistress of the house was mother to the earl of Murray; and as she pretended to hive b' en lawfully marritd to the late king of Scots, she naturally bote an animosity to Mary, and treated iicr with the utmost h irsliuess and se verity. Klizubetli, v\ ho was fully informed of all those inci- dents, seemed touelied with compassion towai'd the un- fortunate (jiieon ; anowerf'ul enemy to tiie Englisli government : that if she were once abroad, in the hands of enterprising catholics, the attack on England would appear to her .as easy as that on Scotland ; and the only method, she must imagine, of recover- ing her native kingdom, would be to acquire that crown, to which she would deem herself equally en- titled : that a neutrality in such interesting situations, though it might be pretended, could never, without the most extreme danger, be upheld by the queen ; and the detention of Mary was equally requisite, whether the powei' of England were to bo employed in her favour, or against her : that nothing, indeed, was more becoming a great prince than generosity ; yet the suggestions of this noble principle could never, without imprudence, be consulted in such delicate circumstances as those in which the queen was at present placed ; where her own safety and the inte- rests of her people were intimately concerned in every resolution which she (•ml)rac(-d : that though the ex- amp e of siicces.sful rebellion, especially in a neigh- bouring country, could nowise l)e agreeable to any BO%creign, yet Mary's imprudence had been so great. pcrh.aps lier crimes so enormous, that tlie insurrectiou' of subjects, after such provocation, could no longer be regarded as a precedent against other princes : that it w.as first necessary for Elizabeth to ascertain, in a regular and satisfactory m.anner, the extent of Mary's guilt, and thence to determine the degree of protection w hich she ought to aflord her .against her discontented subjects : that as no glory could surpass that of defending oppressed innocence, it was equally infamous to patronize vice and murder on the throne ; and the contagion of such dishonour would extend it- self to all who countenanced or supported it; and that, if the crimes of the Scottish princess should, on in- quiry, appear as great and certain as was affirmed and belie\ed, every measure against her, which policy should dictate, would thence be justified ; or if she should be found innocent, every enterprise, which friendship should inspire, would be acknowledged laud- able and glorious. Agreeably to these views, Elizahetli resolved to pro- ceed in a seemingly generous, but really cautious, manner with the queen of Scots; and she imme- diately sent orders to lady Scrope, sister to the duke of Norfolk, a lady who lived in the neighbourhood, to attend on that princess. Soon after, she dispatched to her lord Scrope himself, warden of the marches, and sir Francis ICnolIes, vic'e-chaniberlain. They found Mary already lodged in the castle of Carlisle ; and, after expressing the queen's syuipathy with her in her late misfortunes, they told her, that her request of being allowed to visit their sovereign, and of being admitted to her presence, could not at present be complied with : till she had cleared herself of her husband's murder, of which she was so strongly ac- cused, Elizabeth could not, wiihout dishonour, show her any countenance, or appear indifferent to the assassination of so near a kinsman. So unexpected a check threw Mary into tears ; and the necessity of her situation extorted from her a declaration, that she would willingly justify herself to her sister from all imputations, and would submit her cause to the arbi- tration of so good a friend. Two days after she sent lord Herreis to London with a letter to the same purpose. This concession, which ^lary could scarcely avoid without an acknowledgmeni. of guilt, was tire point expected and desired by Elizabeth : she immediately dispatched Midlemore to the regent of Scotland ; re- quiring him both to desist from the further prose- cution of his queen's party, and send some persons to London to justify his conduct with regard to her. Murray might justly be startled at receiving a mes- sage so violent ami imperious ; but aa his domestic enemies were numerous and powerful, and England was the sole ally whicli be could expect among foreign nations, ho was resolved rather to digest tlie affront, than provuke Elizabeth by a refusal, lie also consi- dered, that though that queen had hitherto appeared p.artial to Mary, ni.any political motives evidently en- gaged her to support the king's cause in Scotland ; and it was not to be doubted but so penetrating a princess would in the end discover this interest, and would at least afford him a patient and equitable hearing. lie therefore reidied, that he would himself take a journey to England, attended by other com- missioners; and would willingly submit the deter- mination of his cause to Elizabeth. Lord Ilerreis now perceived that his mistre.=s had advanced too far in her concessions; he endeavoured to maintain, that M.ary could not, without diminution of her royal dignity, submit to a contest with her rc- belliinis subjects before a foreign jirince : and he re- quired either present aid from England, or liberty for his queen to pass over into France. Keiiig pressed, however, with the former agreement before the English council, he again renewed his consent; but in a fev/ days he began anew to recoil; and it was with some ditliculty that he was brought to acquiesce in the tin>t 472 THF. HISTORY OF ENGLAND. rCrrvp. XXXIX. • doteniilnation. These fliutiintions, vvliiili were inces- santly ivnewi-il, siioiveU liis visible ipluetauco to tlie ineas'uics pinsiieil by tlie court of Eiif;laiid. The queen of Scots discovered no less aversion to the trial proposed ; and it required all the artifice and prudence of Elizabeth to make lier persevere in the a"-reement to which she had at first consented. Tliis latter princess still said to her, tliat she desired not, without Mary's consent or approbation, to enter into the question, and pretended only, as a friend, to hear lier justification : that she was confident there woiild bo found no difficulty iu refuting all the calumnies of her enemies ; and even if her apology sliould fall short of full conviction, Elizabeth was determined to support her cause, and procure her some reasonable terms of accommodation : and that it was never meant, that she should be cited to a trial on the accusation of her rebellious subjects; but, on the contrary, that they should be summoned to appear, and to justify them- selves for their conduct towards her. Allured by these plausible [irofessions, the queen of Scots agreed to vin- dicate herself by her own commissioners before com- missioners appointed by Elizabeth. During these transactions, lord Scrope and sir Francis KnoUes, who resided with Mary at Carlisle, had leisure to study her cliaracter, and make report of it to Elizabeth. Uubrolccn by her misfortunes, re- solute in her purpose, active in her enterprises,^ she aspired to nothing but victory ; and was determined to endure any extremity, to undergo any difficulty, and to try every fortune, rather than abandon her cause, or yield the superiority to her enemies. Elo- quent, insinuating, affable, she had already convinced all those who approached her, of the innocence other past conduct: and as slie declared her fixed puipose to require aid of her friends all over Europe, and even to have recourse to infidels and barbarian.", rather than fail of vengeance against her persecutors, it was easy to foresee the danger to which her charms, her spirit, her address, if allowed to operate with tlieir full force, wotdd expose them. The court of England, therefore, wlio, under ])rotence of guarding her, had already, in eifect, detained her prisoner, were deter- mined to watch lier with greater vigilance. As Car- lisle, by its situation on tlie borders, afforded her great ojiportunities of contriving her escape, they re- moved her to liolton, a seat of lord Sctope's in York- shire : and the issue of the controversy between her and the Scottish nation was regarded as a subject more momentous to Elizabeth's security and interests, than it had hitherto been apprehended. CONFERENCES AT YORK AND HAMPTON COURT. October 4. The commissioners appointed by the English court for tlie examination of this great cause, were the duke of Norfolk, the earl of Sussex, and sir Ralph Sadler; and York was named as the place of conference, Lesley, bishop of Ross, the lords Ilerreis, Leving- stone, and Eoyde, with three persons more, appeared as commissioners from the queen of Scots Tlio earl of JInrray, regent, the carl of Morton, the bishop of Orkney, lord Lindesey, and the abbot of Dunferm- ling, were a]ipointed commissioners from the king and kingdom of Scotland. Secretary Lidington, George Buchanan, the famous poet and historian, with some others, were named as their assist.ints. It «as a great circumstance in Elizabeth's glory, that she w.is thus chosen umpire between the factions of a neigliboui ing kingdom, which bad, during many centuries, entertained the most violent jealousy and animosity against England ; and her felicity w.as equally rare, in having the fortunes and fame of so dangerous a rival, who had long given her the greatest inquietude, now entirely at her disposal. Some cir- cumstances of her late conduct had discovered a bias towaids the side of ilaa'y : her prevailing interests led her to favour the enemies of th.it princess : the pro- fessions of impartiality, wliich she had made, were oiien and frequent ; and slie had so fiir succeeded, that each side accused her commissioners of j>ait:ality to- wards their adversaries. Slie herself ajipears, by the instructions given tlicni, to have fixed no plan for the decision; but she knew that the advantages which she should reap, must be great, whatever issue the cause might take. If Mary'.s crimes could be ascertained by undoubted proof, she could for ever bl.ast tlie reputa- tion of that princess, and might justifiably detain her for ever a prisoner in England : if the evidence fell short of conviction, it was intended to restore her to the throne, but with such strict limitatinns as would leave Elizabeth perpetual arbiter of all difierences be- tween the parties in Scotland, and render her in effect .absolute mistress of the kingdom. Mary's commissioners, before they gave in their complaints against her enemies in Scotland, entered a protest, that their appearance in the cause should no- wise affect the independence of her crown, or be con- strued as a mark of subordination to England: the English commissioners received this protest, but with a reserve to the claim of England. The complaint oi that princess was next read, and contained a detail of the injuries which she had tufl!'ered since her mar- riage with Bollnvel : that her subjects had taken arms against her, on pretence of freeing her from captivity; and when she put herself into their hands, they had committed her to close custody in Loch- leviu ; had placed her son, an infant, on her throne; had again taken arms against her after her deli- verance from prison; had rejected all her proposals for accommodation ; li.ad given battle to her troops ; ■and had obliged her, for the safety of her person, to take shelter in England. The earl of Jlnrr.a\-, iu answer to this complaint, gave a summary aiul im- perfect account of the late transactions : that the earl of Botlnvel, the known mniderer of the late king, had, a little after he committed that crime, seized the person of the queen, and led her to Dunbar; that ho acquired such influence over her, as to gain her con- sent to marry him, and he hud aecordiuKly procured a divorce from his former wife, and had pretended to celebrate his nupti.als with the queen ; that the scan- dal of this transaction, the dishcnour which it brought on the nation, tlie danger to which the infant prince was exposed front the attempts of that audacious man, had obliged the nobility to take arms, and expose his criminal enterprises; that after Mary, in order to save him, had thrown herself into tlieir hands, she still discovered such a violent attachment to him, that they found it necessary, for their own and the public safety, to confine her person, during a season, till Botlnvel and the other murderers of her husband could be tiled and punished for their crimes; and that, during this confinement, she had voluntarily, without compulsion or vicleiice, merely from disgust at the inquietudo and vexations attending power, re- signed her crown to her only son, and had appointed the earl of Murr.ay regent during the 'minority. The queen's answer to this apology was obvious : that she did not know, and never could suspect, that Bothwel, who had been acquitted by a jury, and recommended to her by all the nobility for her husband, was the murderer of the king; that she ever was, and still continue?, desirous that if he be guilty ho may be brought to condign puni.>-hment : that her lesignation of tlie crown was extorted from her by the well- grounded fears of her life, and even by direct me- naces of violence; and that Tliroginorton, the English ainb.assador, as well as others of her friends, had ad- vised her to sign that paper, as the only means of saving herself from the last extremity, and had as- sured her that a consent, given under these circum- stances, could never have any validity. So far the queen of Scots seemed plainly to have the advantage in the contest: and the English "Cm- Chap. XXXIX 1 ELIZABETH, 1.558—1603 473 missioncrs iiiiglit Iiave bicn surprised tli.it Murray luid iii.nde so weak a defence, and luid sii]ipressed all the material iinputatious against that princess, on which his party had over so strenuously insisted, had not some private conferences previously informed them of the secret. Mary's commissioners had boasted that Elizabeth, from regard to her kinswoman, and from her desire of maintaining the rights of sovereigns, was determined, how criminal soever the conduct of that princess miglit appear, to restore her to the throne : and Mnrr.ay, reHocting on some past measures of the Eng- lish court, began to apprehend that there were but too just grounds for tli<*se expectations. He believed that Mary, if he wouM agree to conceal the most violent part of the accusation against her, would submit to any reasonable terms of accommodation ; but if he once proceeded so far as to charge her with the whole of her guilt, no composition could afterwards take place, and should she ever be restored, either by the power of Klizabelh, or the assistance of her other friends, he and his party must be exposed to her se- vere and implacable vengeance. He resolved, there- fore, not to venture rashly on a measure which it would be impo-ssiblo for him ever to recall ; and he privately paid a visit to Norfolk .and the other Eng- lish commissioners, confessed his scruples, laid before them the evidence of the queen's guilt, and desired to have some security for Eliz.ibeth's protection, in case that evidence should, njion examination, appear entirely satisfactory. Norfolk was not secretly dis- pleased with these scruples of the regent. He had ever been a partisan of the queen of Scots ; secretary Lidington, who began also to incline to that party, and was a man of singular address and cap.acily, had engaged him to embrace further views in her favour, and even to think of espousing her : and though that duke confessed, that the proofs against Mary seemed to be nnqnostion.able, he encouraged Murray in his present resolution, not to produce them jiublicly in the conferences before the English commissioners. Norfolk, however, was obliged to transmit to court the queries proposed by the regent. These queries consisted of four ])articulars : Whether the English commissioners had .authority from their sovereign to pronounce sentence .against Mary, in case her guilt should be fully proved before them I AVhether they would promise to exercise that antliority, and proceed to an actual sentence ! Whether the queen of Scots, if she were found guilty, should be delivered into the hands of the regent, or .at least, be so secured in Eng- land, that she never should be able to disturb the tranquillity of Scotland ? and, Whether Elizabeth would also, in that case, promise to acknowledge the young king, and protect the regent in his authority. Elizabeth, when those queries, with the other trans- actions, were laid before her, began to think that they pointed towards a conclusion more decisive and more adviintageous than she had hitherto expected. She determined, therefore, to bring the matter into full light ; .and, under pretext that the distance from her person retarded the proceedings of her commissioners, she ordered them to ccme to London, and there con- tinue the conference. On their appearance, she im- mediately joined in commission with them some of the most considerable of her council ; sir Nicholas Bacon, lord-keeper, the earls of Arundel and Leicester, lord Clinton, admir.al, and sir William Cecil, secretary. The queen of Scots, who knew nothing of these secret motives, and who expected that fear or decency would still restrain Murray from proceeding to any violent accusation against her, expressed an entire satisfac- tion in this adjournment ; and declared that the affair, being under the immediate inspection of Elizabeth, was now in the hands whei-e she most desired to rest it. The conferences were accordingly continued at ITampton-Court ; and Mary's coiumissioncrs, as be- fore, made no seru])le to be present at them. The queen, meanwhile, gave a satisfactory answer to ToL. 1. all Murr.ny's demands, and declared that though sh.^ wished and hoped, from the present inquiiy, to be entirely convinced of Mary's innocence, yet if the event shoidd prove contrary, and that princess should appear guilty of her husband's murder, she should, for her own part, deem her ever after unworthy of a throne. The regent, encour.aged by this declaration, opened more fully his charge against the rpicen of Scots, and, after expressing liis reluctance to proceed to that extremity, and protesting that nothing but the necessity of self-defence, which must not be aban- doned for any delicacy, could have engaged him in 81. ch a nu'asure, be iirocceded to accuse her in plain terms of participation and consent in the assassination of the king. The earl of Lenox too appeared before the English commissioners ; and, imploring vengeance for the murder of his son, accused .Mary as an accom- plice with IJothwel in that enoiinity. When this charge was so unexpectedly given in, and copies of it were transmitted to the bisliop of Ross, lord llerreis, and the other commissioners of Mary, they absolutely refused to return an answer ; and they grounded their silence on very extraordinary rea- sons : they had orders, they said, from their mistress, if anything were advanced that might touch her honour, not to make any defence, as she was a sove- reign ]irincess, and could not be subject to any tribu- nal ; and they required that she should previously be admitted to Elizabeth's presence, to whom, and to whom alone, she was determined to justify her inno- cence. They forgot that the conferences were at first begun, and were still continued, with no other view than to cle.ar her from, the accusiitions of her euemies ; that Elizabeth, had ever pretended to enter into them only as her friend, by her own consent and approba- tion, not as assuming any jurisdiction over her ; that this princess had, from the beginning, refused to ad- mit her to her presence, till she should vindicate her- self from the crimes imputed to her ; th.at she h.ad therefore discovered no new signs of partiality by her persevcr.aiice in that resolution ; and that though she had gr.anted an audience to the earl of Jlurray and his colleagues, she had previously conferred the same honour on Mary's commissioners ; and her conduct was so far entirely eq\ial to both parties. [See nule 3 T, nt the end of l/tis Vol.] As the commissioners of the queen of Scots refused to give in any answer to Murray's charge, the neces- sary consequence seemed to be, that there could be no further proceedings in the conference. But though this silence might be interpreted as a presumption against her, it did not fully answer the purpose of those English ministers who were enemies to that princess. They still desired to have in their hands the proofs of her guilt ; and in order to draw them with decency from the regent, .a judicious artifice was em- ployed by Elizabeth. Jlurray w,as called before the English commissioners ; and reproved by them, in the queen's name, for the atrocious imputations which he h.ad the temerity to throw upon his sovereign : but though the earl of Murray, they added, and the other commissioners, had so far forgotten the duty of alle- giance to their prince, the queen never would overlook what she owed to her t'riend, her neighbour, and her kinswoman ; and she therefore desired to know what they could say in their own justification. Murray, - thus urged, made uo difficulty in producing the jiroofs of his charge against the queen of Scots ; and among the rest, some love-letters and sonnets of hers to Bothwel, written all in her own baud, and two other papers, one written in her own hand, another sub- scribed by her, and written by the carl of Huntley ; each of which contained a promise of marriage with edings. She ordered her privy- council to be assembled ; and, that she might render the matter more solemn and authenlic,she summoned, along with them, the carls of Northumberland, West- moreland, Shrewsbury, Worcester, Huntingdon, and Warwick. All the ]n-oceedings of the I'.nglish com- missioners were read to them ; the evidences pro- duced by Mim-ay were perused : a great number of letters written by Mary to Elizabeth were laid before them, and the handwriting compared with that of the letters delivered in by the regent : the refusal of the queen of Scots' commissioners to niak(> any reply was related : and on the whole Elizabeth told them, that as she had from the firet thought it improper that SFary, after such horrid crimes were imputed to her, should be admitted to her presence before she had, in some measure, justified herself from the ch.arge ; so now, when her guilt was confirmed by so many evidences, and all answer refused, she nmst, for her part, perse- Wi'C more steadily in that rcsulution. Elizabeth next called in the queen of Scots' commissioners, and, after observing that slio deemed it much more decent for their mistress to continue tlie conferences, than to require the liberty of justifying herself in person ; she told them, that Mary might either send re]dy by a ])erson whom she trusted, or deliver it herself to some English nobleman, whom Elizabeth should appoint to wait upon her : but as to her resolu- tion of making no rejily at all, slie inust regard it as the strongest confession of guilt ; nor could they evei be deemed her friends who advised her to that method of proceeding. These topics she enforced still more strongly in a letter which she wrote to Mary herself. The queen of Scots had no other subterfuge from these pressing remonstr.anees, than still to demand a personal interview with Elizabeth : a concession which, she was sensible, would never bo granted ; because Eliza'oeth knew that this expedient could decide no- thing ; because it brought matters to extremity which that jirincess desired to avoid ; and because it had l)cen refused from the beginning, even before the com- mencement of the conferences. In order to keep her- self better in countenance, Mary thought of another ilcvice. Though the conferences were broken oft", she ordered lier commissioners to accuse the earl of JIurray and his associates as the murderers of the king : but this accusation coming so late, being e.^c- torted merely by a complaint of iMurray's, and being unsupported by any proof, could only be regarded as an angry recrimination u]ion her enemy. [See nole 3 W, at the end of this Vol.] She also desired to have copies of the papers given in by the regent ; but as she still persisted in her resolution to make no reply before the English commissioners, this demand was finally refused her. [Sec note 3 X, at the end of this Vol.] .\s Jlary had thus put an end to the conferences, the regent expressed great impatience to return into Scotland ; and he complained, that his enemies had taken advantage of his absence, and had thrown the whole government into confusion. Ehziibeth there- fore dismissed him ; and granted him a loan of five thousand pounds to bear tlie charges of his journey. During the conferences at York, the duke of Chatel- rault arrived at London, in passing from France ; and as the queen knew that he was eng:iged in Slary's party, and had very plausible pretensions to the re- gency of the king of Scots, she thought proper to detain him till after Murray's departure. But not- withstanding these marks of favour, and some other a-ssistance which she secretly give this latter noble- man, she still declined acknowledging the young king, or treating with JIurray .as regent of Scotland. Orders were given for removing the queen of Scots from Bolton, a place surrounded with catholics, to Tutlniry, in the county of Stafford, where she was put under the custody of the earl of Shrewsbury. Eliza- beth entertained hopes that this ])rincess, discouraged by her misfortunes, and confounded by the late trans- actions, would be glad to secure a safe retreat from all the tempests with which she had been agitated ; and she promised to bury everything in oblivion, provided Jlary would agree, either voluntarily to resign her crown, or to associate her son with her in the govern- ment ; and the administration to remain, during his minority, in the hands of the earl of Murray. But that high-spirited princess refused all treaty upon such terms, and declared that her last words should bo those of a queen of Scotland. Besides many other reasons, she said, which fixed her in that resolution, she knew, that if, in the present emergence, she made such concessions, her submission would be universally deemed an acknowledgment of guilt, and would ratify all the calumnies of her enemies. Mary still insisted upon this alternative — either that Elizabeth should .assist lier in recovering her authority, or should give her liberty to retire ii;to Fiance, and make trial of the friendship of other princes : and ,aa I Chap. XL.] ELIZABETH, 1558— 1003. slie asserlod (liat she li.id coino voluiilarily into Eng- land, inviU'J by many i'onncr professions of amity, she thouglit that one or otiicr of tliese requests eoiild not, without the most extreme injustice, be refused her. But Kli/.aboth., sensilih' of the danp;er which attended both tliose I'.ropo.sals, was secretly resolved to de- tain lier still a captive ; and as her retreat into Eng- land had been little viihintary, her claim ni)on the queen's penerosity ajipeared much less urgent than she was willinp; to pretend. Necessity, it was tliouf,'ht, would, to the jirudent, justify her detention : her past misconduct would apoloijizo for it to the ciiuitable : and thougli it was foreseen, tluit compa-ssion for Mary's situation, joined to her intrigues and insinu.at- ing behaviour, would, wliile she remained in England, e.xcito the zeal of her fiiend.s, especially of the catho- lics, these inconveniences were deenied much inferior to those which attended any other expedient. Eliza- beth trusted also to her own address for eluding all these dlthculties : she purjiosed to avoid breaking .ab- solutely with tlie queen of ."scots, to keep her always in hopes of an accommodation, to negoeiatc perpetually with her, and still to throw the blame of not coming to any conclusion, either on unforeseen accidents, or on the obstinacy and perverseness of others. AVe come now to mention some English atfairs which wo left behind us, that we might not interrupt onr narrative of the events in Scotland, which foi ni so material a part of the present reign. The term fixed by the treaty of Cateau Cambresis for the restitution of Calais, expired in 1507 ; and Elizabeth, after mak- ing her demand at the gates of that city, .sent sir Thomas Smith to Paris ; and that minister, in con- junction with sir Henry Norris, her resident ambassa- dor, enforced her pretensions. Conferences were held on that head, without coming to any conclusion satis- factory to the English. The chancellor, De I'llospital, told the English ambassadors, that though Fran^ie, by an article of the treaty, Avas obliged to restore Calais on the ex|iiration of eight years, there w.as another article of the same treaty, which now deprived Eliza- beth of any right that could accrue to her by that engagement : that it was agreed, if the English .should, during the interval, commit hostilities upon France, they should instantly forfeit all claim to Calais ; and the taking possession of Havre and Dieppe, with what- ever pretences that measure might be covered, was a plain violation of the peace between the nations : that thougli these places were not entered by force, but put into Elizabeth's hands by the governors, these gover- nore were rebels ; and a correspondence with such traitors was the most flagrant injuiy that could be committed on any sovereign : that in the treaty which ensued upon the expulsion of the English from Nor- mandy, the French ministers had absolutely refused to md.ke any mention of Calais, and had thereby declared their intention to take advantage of the title which. had accrued to the crown of France : and that though a general clause had been inserted, imjilying a reserva- tion of all claims, this concession could not avail the English, who at that time possessed no just el.dm to Calais, and had previously forfeited all right to that fortress. The queen was nowise surjuised at hearing these .allegations ; and as she knew that the French court intended not from the first to make restitution, much less after they coidd justify their refusal by such plausible reasons, she thought it better for the present to acquiesce in the loss, than to pursue a doubtful title by a war both dangerous and expensive, a.s well a-s unseasonable. Elizabeth entered anew into negoeiations for espous- ing the archduke Charles ; .and she seems, at this time, to have had no great motive of policy, which might in- duce her to make this fallacious ofler : but as she was very rigorous in the terms insisted on, and would not agree that the archduke, if he esjioused her, shoidd enjoy any power or title in England, and even refused liiui tiie e.\crcise of his religion, the treaty c.ime to nothing; and that prince, despairing of success in Iiis addresses, married the daughter of Albert, duke of r>a\aria. CHATTER XL. Cliarnctcr fif the Puri'ans Duke of Xcrf.ilk's Coiisjiiracy Insurrection in Oic North A ssAssi nation of theenti of \Iurrav A Parliament CW\\ Wars of Kranre Affairs of the Low Countries N'cu- Oonsplmcy of the duke of Noifulk Tii«lof Xurfolk His Execution r^cocch Affairs French Affairs Massacn- of Paris Frtnch Affair*— Civil Wars of the Lo\vCountiii.s A I'ailiamcnt. CHARACTER OF THE PURITANS. 1508. OF all the European churches which shook off the yoke of the p.apal authority, no one proceeded with so much reason and moderation .as the church of England; an adv.antago which had been derived partly from the interposition of the civil magistrate in this innovation, partly from tlie gradual and slow steps by which the Iteforniation was conducted in that kingdom. Rage .and animosity .against the catholic religion was as Utile indulged as could be supposed in such a revolu- tion : the fabric of the secular hierarchy was main- tained entire : the ancient liturgy was preserved, so far as was thought consistent with the new principles : many ceremonies, become venerable from age and pre- ceding use, were retained : the splendour of the Rom- ish worship, though removed, had at le.ast given place to order and decency : the distinctive habits of the cleigy, according to their different ranks, were con- tinued : no innovation w.as admitted, merely from spite .and opposition to former usage: and the new religion, by mitigating the genius of the ancient superstition, and reiuiering it more compatible with the peace and interests of society, had preserved itself in that hajipy medium which wise men have always sought, and which the people have so seldom been able to maintain. But though such, in general, was the spirit of the Reformation in that country, many of the English i-eforniers, being men of more warm complexions and more obstinate tempers, endeavoured to push matters to extremities against the church of Rome, and in- dulged themselves in the most violent contrariety and antipathy to all former pr.actices. Among these, Hooper, who afterwards suffered for his religion with such extraordinary constancy, was chiefly distinguished. This man was apitointed, during the reign of Edward, to the see of Gloucester, and made no scriq)le of accepting the episcopal office; but ho refused to be conseci'ated in the e[)iscopal habit, the cyniarre and rochette, which had formerly, he said, been abused by suj>erstition, and which were thereby rendered unbe- coming .a true Christian. Cranmer and Ridley were surprised at this objection, which opposed the received practice, and even the est.ablished laws ; and though young Edward, desirous of promoting a num so cele- brated for bis eloquence, his zeal, and his morals, en- joineil them to dispense with this ceremony, they were still determined to i-etain it. Hooper then embraced the resolution, rather to refuse the bishopric than clothe himself in those hated garments; but it was deemed requisite, that, for the sake of the example, he should not escape so easily. He was first confined to Cramaer's house, then thrown into prison till he should consent to be .a bishop on the terms proposed : he was plied with conferences, and reprimands, and arguments: Bucer and Peter Martyr, and the most celebrated foreign reformers, were consulted on this important question : and a eoniin'omise, with great dilHcidty, was at last made, that Hooper should not bo oiiliged to wear commonly the obnoxious robes, but should agree to lie consecrated in them, and to use them during cathedral service, a condescension not a little exu-a- I 476 THE HISTORY OF KNGI.AND. rCnAp XL ordinary in a man of so inflexible a Piiirit as tliis reformer. The same olijoction wliicli liad arisen witli regard to the episcopal liaLit, liad been movod aj;aiiist tlie rai- ment of tlie inferior clergy ; and tlio snrjiliee, in par- ticular, with the tippet and coiner-cap, was a great object of ablioricnce to many of the popular zealots. In vain was il urged that particular habits, as well as postures and ceremonies, having been constantly used by the clergy, and emjiloyed in religious service, ac- quire a veneralion in the eyes of the people, appear sacred in their apjirehensions, excite their devolion, and contract a Uiiul of mysterious virtue, which attaches the aft'ections of men to the national and established worship: that in order to jiroduce this efi'ect, an uni- formity in these particulars is requisite, and even a perseverance, as far as possible, in the former practice : and that the nation would be happy, if, by retaining these inoffensive observances, the reformers could en- gage the people to renounce willingly what was absurd or pernicious in the ancient superstition. These argu- ments, which h.id influence with wise men, were the vei'V reasons which engaged the violent protestants to reject the habits. 'I'liey puslied matters to a total op- position with the church of Uome : every compliance, they Siiid, was a symbolising with antichrist. And tliis spirit was carried so far liy some reformers, that in a national I'cnionstrance made afterwards by the elnireh of Scotland against these habits, it was asked, "What has Christ .lesus to do with Ik-lial ? What h.as darkne.ss to do with light? If surplices, corner-caps, and tippets, have been badges of idolaters in the very act of their idolatry, why should the preacher of Christian liberty, and the open rebuker of all supersti- tion, partake with the dregs of the Romish beast ? Yea, who is there that ought not rather to be afraid of taking in his hand, or on his forehead, the pi int and mark of that odious beast ?" But this application was rejected by tlie English church. There was only one inst.ance in which thesjiirit of eontiadiction to the Romanists took pl.ace universjiUy in England : the altar was removed from the wall, was placed in the middle of the church, and was thence- forth denominated the commuuion-table. The reason why this innovation met with such general reception was, that the nubility and gentry got thereby a pre- tence for making spoil of the plate, vestures, and rich ornaments, which belonged to tlie altars. These disputes, which had been started during the reign of Edward, were carried abroad by the protes- tauts, who fled from the persecutions of Jlary ; and as the zeal of these men li.ad received an increase from the furious cruelty of their enemies, they were generally inclined to carry their opposition to the utmost extre- mity against the practices of Ihechnrch of Rome. Their communication with Calvin and tlie other reformers, who followed the discipline and worship of Geneva, con- firmed them in this obstinate reluctance; and though some of the refugees, particularly those who were established at Fiancfort, still .adhered to king Edward's liturgy, the prevailing spirit carried these confessors to seek a still further reformation. On the accession of Elizabeth, they returned to their native country ; and being regarded with general veneration, on .account of their zeal and past sufTerings, they ventured to insist on the establishment of their projected model ; nor did they want countenance from many considerable per- sons in the queen's council. But the princess herself, so far from being willing to despoil religion of the few ornaments and ceremonies which remained in it, w.as rather inclined to bring the public worshiji still nearer to the Romish ritual;* .and she thought that the Re- •WhfnNowpl.oiieof her chaplfiiiis.Iiftd spnk n Ic^s rcvprpntlv, in (V sermon prrarlu-il before her, of the ilun .if the cross; she called alovul from her closet wiiidfjiv. commanding him to retire from thai unf;r>dly rliprtasion. and to retvirn unto his text. And on the other side, when one of her di\ ines had 7iie,iclierl ft sermon in defence of the real presence, she npcnlv pa\c him thanlts for hspninsnnd piety. Heylin. p 12-1.-She would have ahsoWirely forhidden tnr marriage of the clercy. if Cecil had not interposed. Strvpe's Life of I'.ir- kcr, 1>. l"7i iU8, t(J3.— Sho was an *nrmy to sermons, and usually said, that formation had already gone too far in sh.aking oft" these forms and observances, which, without distr.acting men of more refined apprehensions, tend, in a veiy innocent manner, to allure, and amuse, and eng.ige the vulgar. She took care to have a law for uniformity stiictly en.ieted : she was empowered by the parliament to add any new ceremonies which she thought luojier ; and though she was sparing in the exeicise of this preroga- tive, she continued rigid in exacting an observance of the established laws, and in punishing all non-con- formity. The zealots, therefore, who baibouied a great antipathy to the episcopal order, .and to the \\ hole liturgy, were obligeil, in a great measure, to conceal these sentiments, which would have been regarded as highly audacious and criminal; and they confined their avowed objections to the surplice, the confirmation o. chihlren, the sign of the cross in baptism, the ring in marriage, kneeling at the sacrament, .and bowing at the name of Jesuis. So fruitless is it for sovereigns to watch with a rigid care over orthodoxy, and to employ the sword in religious controversy, that the work, per- petually renewed, is perpetually to begin ; and a garb, a gesture, nay, a metaphysical or grammatical distinc- tion, when rendered important by the disputes of theo- logians, anil the zeal of the magistiate, is sufiicient to destroy the unity of the church, and even the peace of society. These controversies had ali'eady excited such feimeiit among the people, that in some jdaces ;hey refused to frequent the churches where the liabits and ceremonies were used; would not salute the conform- ing clergy; and proceeded so tar as to revile them in the streets, to spit in their faces, and to use them with all manner of contumely. And while the sovcieign authority checked these excesses, the flame was con- fined, not extinguished ; and burning fiercer from con- finement, it burst out in the succeeding reigns to the destruction of the church .and monarchy. All, enthusiasts, indulging themselves in rapturous flights, ecstasies, visions, inspirations, have a natural aversion to episcopal authority, to ceremonies, rites, and forms, which they denominate superstition, or beggarly elements, and which seem to restrain the liberal effusions of their zeal and devotion : but there was airother set of opinions .adopted by these inno- vators, which rendered them in a peculiar manner the object of Elizabeth's aversion. The same bold and daring spirit, which .accompanied them in their ad- dresses to the divinity, appeared in their political speculations; and the principles of civil liberty, which, during some reigns, had been little avowed in the n.a- tion, and which were totally incompatible with the present exorbitant prerogative, had been strongly adopted by this new sect. Scarcely any sovereign before Elizabeth, and none after her, carried higher, both in speculation and practice, the authority of the crown ; and the puritans (so these sectaries were called, on account of their pretending to a superior purity of worshij) and discipline) could not recom- mend themselves worse to her favour, than by incul- cating the doctrine of resisting or restraining princes. From all these motives, the queen neglected no oppor- tunity of depressing those zealous innovators; and while they were secretly countenanced by some of her most favoured ministers, Cecil, Leicester, Knolles, Bedford, Walsinghaiu, she never was, to the end of her life, reconciled to their priuciiiles and practices. AVe have thought proper to insert in tliis place aa account of the rise and genius of the puritans ; be- cause Camden marks the present year, as the jier oJ when they beg.an to ni.ake themselves consider.ablo in England. We now returji to our narration. DUKE OF NORFOLK'S CONSPIRACY, lofi.'i. The duke of Norfolk was the only peer that enjoyed she t'loucht uvo or tnree preachers were sufflcicnt for a whnlecounty. It wjj pmVahly for these re.isons that one Uoring told her to herfaccfrom the pulpit, that she was like an untamed heifer, that would not le rule.! by God's pwplo but obscrucletl his discipline. See Life of ^looker, prelixefl to his Wurlt& Chap. XL.] ELIZABETH, 1558—1603 477 ttio hi^'licst title of nobility; ami as tlioie was at present no princes of the blood, tlie splondonr of Wh family, tlic o|)iilence of liis fortune, ami tlie extent of bis influence, had rendereil him without comparison the first subject in Kn;,'land. The qualities of his niinruclence would uatiirally have for ever kept him at a distance. Norfolk was at this time a widower ; and lieing of .1 suitable age, his marriage with the queen of Scots had appeared so natural, that it had occurred to several of his friends and those of that princess ; but the first person who, after secretary I.idington, opened the scheme to the duke, is said to have been the earl of Murray, before his dejiarture fur Scotland. That nobleman set before Norfolk liotli the advantage of composing the dissensions in Scotland by an alliance, which would bo so generally acceptable, and the pros- pect of reaping the succession of liiigland; and in order to bind Norfolk's interest the f;isterwitli Mary'.s, he proposed that the duke's daughter should also espouse the young king of Scotland. The pre\iously obtaining of Elizabeth's consent, was regarded, both by Murray and Norfolk, as a circumstance essential to the success of their project ; and all terms being adjusted between them, Jturray took care, by means of sir Uobert Mel- vil, to have the design communicated to the queen of Scots, This princess replied, that the vexations which bIio had met with in her two last marriages h.ad made lier more inclined to lead a single life; but she was determineil to sacrifice her own inclinations to the public welfare : and therefore, .as soon as she should bo legally divorced from ISothwel, she would be deter- mined by the opinion of her nobility and people in the choice of another husband. It is probable that Murray was not sincere in this proposal. Jle had two motives to engage him to dis- simulation. He knew the danger which he must run in his return tlirongli the north of England, from the power of the earls of Northumberland and Westmore- land, Mary's partisans in that country ; and he dreaded an insurrection in Scotland from the duke of C'hatel- rault and the earls of Argyle and Huntley, whom she had appointed her lieutenants dining her absence. 13y these feigned appearances of friendship, he both engaged Norfolk to write in bis favour to the northern noblemen; and he persu.aded the queen of Scots to give her lieutenants permission, and even advice, to conclude a cessation of hostilities with the regent's party. The duke of Norfolk, though he had agreed that Elizabeth's consent should be previously obtained be- fore the completion of his marriage, had reason to ap- prehend that he never should prevail with her volun- tarily to make that concession. Heknewher perpetual and unrelenting jealousy against her heir and rival; he w.as .acquainted with her former reluctance to .all propo.sals of mairiage with the queen of Scots; he foresaw that this princess's espousing a i>crson of his po.fer and character, and interest, would give the greatest umbrage; and as it would then become neces- sary to reinstate her in possession of her throne on souvc tolerable terms, and even to endeavour the re- establishing of her character, he dreaded lest Eliza- beth, whose politics had now taken a dillV-rent turn, would never agree to such indulgent and giMierous conditions. He therefore attempted previously to gain the consent and niiprobation of several of the most considerable nobility; and he was successful with the earls of I'einbroke, Arundel, Derby, Bedford, Shrewsbury, Southampton, Northumberland, ■West- moreland, Sussex. Lord Luniley and Sir Nicholas Throgmoi ton cordially embraced the proposal ; even the earl of Leicester, Elizabeth's declared favourite, who had formerly entertained some I'iews of espousin" Mary, willingly resigned all pretensions, and seemed to enter zealously into -Vorlblk's interests. There were other motives, besides affection lo the duke, which pro- duced this general combination of the nobility. Sir William Cecil, secretary of state, was tho most vigilant, active, and prudent minister ever known in England ; and as he was governed by no views but tho interests of his sovereign, which ho had inflexibly pursued, his authority over her became every day more i)redominant. Ever cool himself, and unin- fluenced by prejudice or affection, be checked tlioso .siillics of passion, and soinvtiiues of caprice, to which she was subject; and if be failed of iiersuadii.g her in the first movement, his jierseverance, iind re- monstrances, and arguments, were sure at last to rc'comineiid themselves to her sound discernment. The more credit he gained with his mistress, the more was he exposed to the envy of her other counsellors ; and as he had been supposed to adopt the interests of the house of Suffolk, whose claim seemed to carry with it no danger to tho iireeent establishment, his enemies, in ojiposition to him, were naturally led to attach Ibeniselves to the queen of Scots. Elizabeth saw, without uneasiness, this emulation among her court- iers, which served to augment her own authority : and though she supported Cecil, whenever matters came to e.xtreniiliis, and dissijiatcd every conspir.aey against him, particularly one laid about this time for having him thrown into the 'I'ower on some pretence or other, she never gave him such unlimited confi- dence as might enable him entirely to crusli bis adver- saries. Norf(dk, sensible of the difficulty wiiich he must meet with in controlling Cecil's counsels, especially where they concurred with the inclination as well as interest of tho queen, durst not open to her his inten- tions of marrying the queen of Scots ; but juoceeded still in the same course, of increasing his interest in the kingdom, and engaging more of the nobility to take part in his measures. A letter w.as written to Mary by Leicester, and signed by several of the first rank, recommending Norfolk for her husband, and stipulating conditions for the advantage of both king- doms : p.irticularly, that she should give sufficient surety to Elizabeth, and the heirs of her body, for tho free enjoyment of the crown of England ; that a per- petual league, offensive and defensive, .should be made between their realms and subjects; that the protec- tant religion should be established hy law in Scotland ; and that she should grant an amnesty to her rebels in that kingdom. When Mary returned a favourable an- swer to this application, Norfolk employed himself with new ardour in the execution of his project ; and besides securing the interests of many of the consider- able gentry and nobility who resided at court, he wrote letters to such as lived at their country-seats, and possessed the greatest authority in the several counties. The kings of I'rance and Sjiain, who in- terested themselves extremely in Mary's cause, were secretly consulted, and expressed their approbation of these measures. And though Elizabeth's consent wa» always supposed as a previous condition to the finish, iiig of this alliance, it w.as apparently Norfolk's inten- tion, when he proceeded such lengths without consult- ing her, to render liia party so strong, that it should nc longer be in her power to refuse it. 473 THE HISTORY OF ENGLAND. [ClIAF XL. It «;d) impossible llmt so extensive a conspiracy could cnlirely oscape the queen's vigilance and tiuit of Cecil. Slie dropped several iiitiniations to the duke, by which lie might le.iru that she was acquainted with his designs ; and she frequently warned hini to lieware on whaT pillow he reposed his head: but he never had the iirudcnce or the courage to ojjen to her his full in- tentions. Certain intelligence of this dangerous com- bination was given her, first by Leicester, then by Murrav,* who, if ever he was sincere in promoting Norfolk's nuirriage, which is much to be doubted, had at least intended, for his own safety, and that of his party, that Klizabcth should, in reality, as well as in appearance, be entire arbiter of the conditions, and should not have her consent extorted by any con- federacy of her own subjects. This information gave great alarm to the court of England ; .and the more so, as those intrigues were attended with other circum- stances, of which, it is probable, Elizabeth was not wholly ignorant. Among the nobility and gentry that seemed to enter into Norfulk's views, there were many, who were zealously attached to the catholic religion, who had no other design than that of restoring Mary to her liberty, and who would gladly, by a combination with foreign powers, or even at the expense of a civil war, have placed her on the throne of England. The earls of Northumberland and Westmoreland, who possessed great power in the north, were leaders of this party ; and the former nobleman made offer to the queen of Scots, by Leonard Dacres, brother to lord Dacres, that he would free her from confinement, and convey her to Scotland, or any other place to which she should think proper to retire. Sir Thomas and sir Edward Stanley, sons of the earl of Derby, sir Thomas tlerrard Rolstone, and other gentlemen, whose interest lay in the neighbourhood of the place where JIary resided, concurred in the same views; and required that, in order to facilitate the execution of the scheme, a diversion should, iu the meantime, be made from the side of Flanders. Norfolk discouraged, and even in ajipear- ance suppressed, these conspiracies; both because his duty to Elizabeth would not allow him to think of effecting liis purpose by rebellion, and because he foresaw that, if the queen of Scots came into the pos- session of these men, they would rather choose for her husband the king of Spain, or some foreign prince, who had power as well as inclination, to re-establish the catholic religion. V»'heu men of honour and good principles, like the duke of Norfolk, engage iu dangerous enterprises, they are commonly so unfortunate as to be criminal by halves; and while they balance between the execution of their designs and their remorses, their fear of punishment and their hope of pardon, they render themselves an easy prey to their enemies. The duke, in order to repress the surmises spread against him, spoke contemptuously to Elizabeth of the Scottish alliance ; aflirmed that his estate in England was more valuable than the revenue of a kingdom wasted by civil wars and factions ; and declared that, when ho amused himself in his own tennis-court at Norwich amidst his friends and vassals, he deemed himself at least a petty prince, and was fully satisfied with his condition. Finding that he did not convince her by these asseverations, and that he w.as looked on with a jealous eye by the ministers, he retired to his country seat without taking leave. lie soon after repented of this measure, and set out on his return to court, with a view of using every expedient to regain the queen's good graces; but he was met at St. Alban'sby Fitz- Garret, lieutenant of the band of pensioners, by whom he was conveyed to ISurnhani, three miles from Wind- sor, where the court then resided. He was soon after ,^^J\^J'nZ^L^}T.:"il^- =-''52-'.lhl.lEliMl.nh had hrard rumours of committed to the Tower, under the custody of sir Henry Nevil. Lesley, bishop of Koss, the queen of Scots' ambassador, was examined, and confronted with Norfolk before the council. The earl of rembroke was confined to his own house. Arundel, Lumloy, and Throgniorton were taken into custod}'. The queen of Scots liorself was removed to Coventry; all access to her was, during some time, more strictly prohibited ; and viscount Hereford was joined to the earls of Shrewsbury am! Huntingdon in the office of guarding hoi-. INSURIIECTIONS IN THE NORTH. A rumour had been diffused in the north of an in- fended rebellion ; and the earl of Sussex, president of York, alarmed with the danger, sent for Northumber- land and Westmoreland, in order to examine them j but not finding any proof against them, lie allowed them to depart. The report meanwhile gained ground daily; and many apjiearances of its reality being dis- covered, orders were despatched by Elizabeth to these two noblemen to appear at court, and answer for their conduct. They had already proceeded so far in their criminal designs, tliat they dared not to trust them- selves ill her hands : they had prepared measures for a rebellion ; had communicated their design to Mary and her ministers; had entered into a correspondence with the duke of Alva, governor of the Low Countries; had obtained his promise of a re-enforcement of tioops, and of a supply of arms and ammunition ; and had prevailed on him to send over to London Chiapino V^itelli, one of his most famous captains, on pretence of adjusting some differences with the queen ; but in reality with a view of putting him at the head of tins northern rebels. The summons, sent to the two earls, precipitated the rising before they were fully pre- pared ; and Northumberland remained in suspense between opposite dangers, when he was informed that some of his enemies were on the way with a commis- sion to arrest him. He took horse instantly, and hastened to his associate AVestmoreland, whom he found surrounded with his friends and vassals, and deliberating with regard to the measures which he shoulil follow in the present emergence. They de- termined to begin the insurrection without delay; and the great credit of these two noblemen, with that zeal for the catholic religion which still prevailed in the neighbourhood, soon drew together multitudes of the common peojde. Tliey published a manifesto, in w hich they declared, that they intended to attempt nothing against the queen, to whom they .avowed unshaken allegiance ; and that their sole aim was to re-establish the religion of their ancestors, to remove evil coun- sellors, and to restore the duke of Norfolk and other faithful peers to their liberty, and to the queen's fa- vour. The nmnbers of the malcontents amounted to four thousand foot and sixteen hundred horse; and they expected the concurrence of all the catholics iu England. The queen w.as not negligent in heV own defence, and she had beforehand, Irum her pi'udcnt and wise conduct, acquired the general good-will of her people, the best security of a sovereign ; insomuch that even the catholics in most counties expiesfed an affection for her service; and the duke of Noif'olk himself, though he had lost her favour, and lay in confinement, was not wanting, as far as bis situation permitted, to promote the levies among his friends and retainers. Sussex, attended by the earls of Uutland, the lords Ilunsdon, Evers, and Willoughby of Parham, marched against the rebels at the head of seven thousand men, and Ibund them already advanced to the bishopric of Dur- h.am, of which they had taken possession. They retired before him to Hexham ; and hearing that the earl of Warwick and lord Clinton were advancing against them with a greater body, they found no other resource than to disperse themselves without striking a blow Chap. XL.] ELIZABETH, 1558—1603. 479 Tlie common people retired to their houses : the lead- ers fled into Scotland. Northumberland was found skulking in that country, and was confined hy JIurray in the cattle of Lochlevin. Westmoreland received shelter from the chieftains of the Kers and Scots, partisans of Mary ; and persuaded them to make an inroad into Kugland, witli a view of exciting a (juarrel between the two kingdoms. After they had conunitted great r.v.agcs, they retreated into their own country. This sudden and precipitate rebellion was followed soon after by another still more imprudent, raised by Leonard Dacrcs. Lord Ilunsdon, at the head of the garrison of Berwick, was able without any other assist- ance, to quell tlieso rebels. Great severity was exer- cised against such as had taken part in these rash en- terprises. Sixty-six potty constables w-ero lianged; and no less than eight hundred persons are said, on the whole, to have suffered by the hands of the execu- tioner. But the queen was so well pleased with Nor- folk's behaviour, that she released him from the Tower ; allowed him to live, though under some show of con- finement, in his own house: and only exacted a pio- mise from him not to proceed any further in his uego- ciations with the queen of Scots. Elizabeth now found that the detention of Sfai-y was attended with all the ill consequences which she had foreseen when she first embraced that measure. This latter princess, recovering, by means of her misfortunes and her own natural good sense, from that delirium into which she seems to have been thrown during lier attachment to Uothwel, had behaved with such mo- desty and judgment, and even dignity, that evei'y one who approached her was charmed with her demeanor ; and her fiiends were enabled, on some iilausihle grounds, to deny the reality of all those crimes which had been imputed to her. Compassion for her situa- tion, and the necessit.v of procuring her liberty, proved an incitement among all her partisans to be active in promoting her cause ; and .as her deliverance from cap- tivity, it was thought, could nowise be effected but by attempts dangerous to the established government, Elizabeth had reason to expect little tranquillity so long as the Scottish queen remained a prisoner in her hands. But .is this inconvenience had been preferred to the danger of allowing that princess to enjoy her liberty, and to seek relief in all the catholic courts of Europe, it behoved the queen to support the measure which she had adopted, and to guard, by every prudent expedient, against the mischiefs to which it was ex- posed. She still flattered Siary with hopes of her pro- tection, maintained an ambiguous conduct between that queen and her enemies in Scotland, negociated peipe- tually concerning tlie terms of her restoration, made constant professions of friendship to her; and by these artifices endeavoured both to prevent her from making any desperate eft'orts for her deliverance, and to satisfy the French and S|ianish ambassadors, who never inter- mitted their solicitations, sometimes accompanied with menaces, in her behalf. This deceit was received with the same deceit by the queen of Scots : professions of confidence were returned by professions equally insin- cere : and while an appearance of friendship was maintained on both sides, the animosity and jealousy, which had long prevailed between them, became every d.ay more inveterate and incui'able. These two prin- cesses, in address, capacity, activity, and sjiirit, were nearly a match for each otlier ; but, unhappily, Mary, besides .her present forlorn condition, w;is always infe- rior, in personal conduct and discretion, as well as in power, to her illustrious rival. Elizabeth and Mary wrote at tlie same time letters to the regent. The queen of Scots desired, that her marri.age with Bothwel might be examined, and a divorce be legally pionounced between them. The qU'Sen of Euglaml gave Murray the choice of throe CQuditions — that Mary should be restored to lier dig- nity on certain terms ; that she should be associated with her sun. and the administration remain in the regent's hands till the young prince should come to years of discretion ; or that she should be allowed to live at liberty as a private person in Scotland and have an honourable settlement made in her favour. Murjay sunnnoned a convention of states, in order to deliberate on these proposals of the two queens, no answer was made by them to Jlary's letter, on ])retenco that she had there emiiloyed the style of a sovereign addressing liejself to her subjects: but in reality, because they saw that her request was calculated to prejiare the way for a marriage with Norfolk, or some powerful prince, who could support her cause, and restore her to the throne. They rejilied to Elizabeth, that the two former conditions were so derogatory to the loyal authority of their prince, that they could not so much as deliberate conceruing them : the third alone could be the subject of treaty. It was evident that Eliza- beth, in proposing conditions so unequal in their impor- tance, invited the Scots to a refusal of those which w ere most advantageous to JIary; and as it was difficult, if not impossible, to adjust all the terms of the thii-d, so as to render it secure and eligible to all jiarties, it was concluded that she was not sincere in any of them. ASSASSINATION OF THE EARL OF JIUKRAY. January 2S, 1570. It is pretended that Murr.ay had entered into a pri- I vate negociation with the queen, to get Mary delivered into his hands ; and as Elizabeth found the detention of her in England so dangerous, it is probable that she would have been pleased, on any honourable or safe terms, to rid herself of a i)risoner who gave her so much inquietude. [See note 3 Y, at the end of this To/.] But all these projects vanished by the sudden death of the regent, who was assassinated, in revenge of a pri- \ vate injury, by a gentleman of the name of Hamilton. JIurray was a person of considerable vigour, abilities, and constancy; but though he was not unsuccessful, during his regency, in composing the dissensions in Scotland, bis talents shone out more eminently in the beginning than in the end of his life. His manners were rough and austere; and he possessed not that perfect integrity, which frequently accompanies, and can alone atone for, that unaraiable character. By the death of the regent, Scotland relapsed into anarchy. Mary's party assembled together, and made themselves nnxsters of Edinburgh. The castle, com- manded by Kirkaldy of Grange, seemed to favour her cause; and as many of the principal nobility had em- braced that party, it became probable, though the peo- ple were in general averse to her, that her authority might again acquire the ascendant. To check its pro- grei-s, Elizabeth dispatched Sussex with an army to the north, under colour of ch.astising the ravages com- mitted by the borderers, lie entered Scotland and laid waste the lands of the Kers and Scots, seized the castle of Hume, and eomniitted hostilities on all Mary's partisans, who, he said, had oft'ended his mistress by harbouring the English rebels. Sir AVilliam Drury was afterwards sent with a body of troops, and he threw down the houses of the Hamiltons, who were engaged in the same faction. The English armies were afterwards recalled by agreement w itii the queen of Scots, who promised, in return, that no French troops should be introduced into Scotland, and that the English rebels should be delivered up to the qneen by her partisans. But though the queen, covering herself with the pretence of revenging her own quarrel, so far contri- luited to support the party of the young king of Scots, she was cautions not to declare openly against Mary; and she even sent a request, which was equivalent to a command, to the enemies of that princess not to elect, during some time, a regent in the place of Murray. Lenox, the king's grandfather, was there- fore chosen temporary governor, under the title of lieutenant. Hearing afterwards that Mary's parti- wns, instead of deliverin- <.p Westmoreland and the other fugitives, as tl.oy had promised, had allowed them to esoap«" """ F la-'d^''-^ : *''« permuted the km^- s uartv to "ive Lenox the title ot regent, and she sent Randolph, as her resident, to maintain a correspon- dence with him. Unt not« ithstandin- this step taken ia favour of Marv's enemies, she never laid aside her ambi-nons condu'ct, or quitted the appearance ol amity to that princess. Being importuned by the bishop ot Ross, and her other agents, as well as by foreign am- bassadors, she twice procured a suspension ot arms between the Scottish factions, and by tliat means stopped the hands of the regent, who was likely to obtain advantages over the opposite party, liy these seeming contrarieties she kept alive the factions in Scotland, inci-e.-ised their mutual animosity, and ren- dered the whole country a scene of devastation and of misery. She had no intention to conquer the kingdom, and consequently no interest or design to instigate the parties against each otlier; but this consequence was an accidental effect of her cautious politics, by which she was engaged, as far as possible, to keep on good terms with the queen of Scots, and never to violate the appearances of friend-ship with her, at least those of neutrality. [See note 3 Z, a! the end of tliis Vol.] The better to amuse Jlaiy with the prospect of an accommodation, Cecil and sir Walter Mildmay were sent to her -with proposals from Elizabeth. The terms were somewhat rigorous, such as a captive queen might expect from a jealous rival ; and tliey thereby bore the greater appearance of sincerity on tlie part of the Eng- lish court. It was required tli.at the queen of Scots, besides renouncing all title to the crown of England during the lifetime of Elizabeth, should make a per- petual league, offensive and defensive, between the kingdoms; that she should marry no Englishman with- out Elizabeth's consent, nor any other person without the consent of the states of Scotland ; that compensa- tion should be made for the late ravages committed in England; that justice should be executed on the mur- derers of king Henry; that the young prince should be sent into England, to be educated tliere : and that six hostages, all of them noblemen, should be delivered to the queen of England, with the castle of Iliime, and some other fortress, for the security of performance. Such were the conditions upon which Elizabeth pro- mised to contribute her endeavours towards the resto- ration of the deposed queen. The necessity of JIary's ntfiiirs obliged her to consent to them ; and the kings of France and Spain, as well as the pope, when con- sulted by her, ajiproved ,)f her conduct; chiefly on ac- count of the civil wars, by which all Europe was at that time .igitated, and which incapacitated the catholic princes from giving her any assistance. Elizabeth's commissioners proposed also to Mary a plan of accommodation with her subjects in Scotland; and after some reasoning on that head, it Mas agreed that the queen should lequire Lenox, the regent, to send commissioners, in order to treat of conditions un- der her mediation. The partisans of Mary boasted, that all terms were fully settled with the court of England, and that the Scottish rebels would soon be constrained to submit to the authority of their sove- reign: but Elizabeth took care that these rumours should meet with no credit, and that the king's party should not be discouraged, nor sink too low in their demands. Cecil wrote to inform the regent, that all the queen of England's propos.als, so far from being fixed and irrevocable, were to be discns.sed anew in the conference ; and desired him to send commissioners who should be constant in the king's cause, and cautious not to make concessions which might be prejudicial to their party. Sussex also, in his letters, dropped hints to the same purpose; and Elizabeth herself said to the abbot of Dunfirmling, whom Leno.x had sent to the court of England, that she would not insist on Mary's restoration, provided the Scots could m.ake the justice of their cause ajipear to he;, satisfaction; and that, eveu TPIE HISTORY OF ENGLAND. fCiiAP. XL. if their reasons should fall short of full conviction, slia would take etfeetnal care to provide for tlieir futurs Becurity. 15/1. On the 1st of March the parliament of Scot- land appointed the carl of Morton and sir James Mac- gill, together with the abbot of Dunfermling, to manage the treaty. These commissioners presented miinurials, containing reasons for the deposition of their queen; and they seconded their arguments with examples drawn from the Scottish history, with the authority of laws, and with the sentiments of many famous divines. The lofty ideas which iJlizabeth had enterlaiucd, of the absolute, indofeisible right of sove- reigns, made her be shocked with these republican topics; and she told the Scottish commissioners, that she was nowise satisfied witli their reasons for justifying the conduct of their countrymen; and that they might, therefore, without attempting any apology, proceed to open the conditions whieli they required for their security. They replied, that their commission did not empower them to treat of any terms which might in- fringe the title and sovereignty of their young king, but they would gladly hear whatever proposals should be made tliem by her majesty. The conditions recom- mended by the queen were not disadvantageous to Marj'; but .as the eommissioners still insisted, that they were not .authorized to treat in anj' m.anner con- cerning the restoration of that princess,tlie conferences were necessarily at an end ; and Elizabeth dismissed the Scottish commissioners with injunctions, that they should return, after having procured more ample powers from their i)arliament. The bishop of Itoss openly complained to the Eiigli.sh council, that tlicy had abused his mistress by fair promises and professions ; and Mary herself w.as no longer at >a loss to judge of Elizabeth's insincerity. By reason of these disappoint- ments, matters came still nearer to extremities be- tween the two princesses; and the queen of Scots, finding all her hopes eluded, was more strongly incited to make, at all hazards, every possible attempt for her liberty and security. An incident also happened about th's time, which tended to widen the breach between Mary and Eli- zabeth, and to increase the vigilance and jealousy of the latter pi incess. Pope I'ius V., w ho had succeeded Paul, after having endeavoured in vain to conciliate by gentle means tlie friendship of Elizabeth, whom his ]>redecessor's violence had irritated, issued at last a. bull of excommunication against her, deprived her of all title to the crown, and absolved her subjects from their oaths of allegiance. It seems probable that this attack on the queen's authority w.as made in concert with Mary, who intended by that means to forward the northern rebellion ; a measure which was at that time in agitation. John Felton affixed this bull to the gates of the bishop of London's palace ; and, scorning either to fly or to deny the fact, he was seized and condemned, and received the crown of martyrdom, for which lie seems to have entertained so violent an ambition. A PARLIAMENT. Jpril2. A new parliament, after five years' interval, was assembled at Westminster ; and as the queen, by the rage of the pope against her, Avas become still more the head of the ruling party, it might be expected, both from this incident and from her own prudent and vigorous conduct, that her authority over the two houses would be absolutely uncontrollable. It was so in fact; yet is it remarkable, that it prevailed not without some small opposition ; and that too arising chiefly from the 1 eight of zeal for protestantism; a disjiosition of the luiglish, which in general contn- buted extremely to increase the queen's jiopnlarity We .shall be somewhat particular in relating the tr.ans- actions of this session, berauso they show, as well the extent cf the royal power during that ago, as the Chap. XL.] tUZABETH, 1,158-1C03 481 character of E'izaliotli, and the genius of her govern- ment. It will be enrious also to observe tlie faint dawn of tliesjiirit of liberty among tlio Englisli, the jealousv with which that spirit ^vas repressed by the sovereign, the iinpei'ious coiuluct which was main- tained in opposition to it, and the ease with wliich it wa-s subdued hy this arbitrary princess. Tlie lord-keeper Bacon, after the speaker of the commons was elected, told the parliament, in the queen's name, that she enjoined them not to meddle with any matters of stale : such was his expression; by which he probably meant, the questions of the queen's marriage and the succession, about which tliey had before given her some nnea'riness : for as to tlie other gloat jioints of government, alliances, peace and war, or foreign ncgociations, no parliament in that apfo ever presumed to talic tluni under consideration, or question, in these particulars, tlie conduct of their sovereign, or of his ministers. In the former parliament, the puritans had intro- duced seven hills for a further reformation in re- ligion ; but tliev had not been able to prevail in any one of them. This house of commons had sitten a very few days, when Stricland, a member, revived one of the bills, that for the amendment of the liturgy. 'i"he chief objection, which he mentioned, was the sign of the cross in baptism. Another member added the kneeling at the sacrament : and remarked that, if a posture of humiliation were requisite in that act of devotion, it were better that the communicants should throw themselves prostrate on the ground, in order to keep at the widest distance from former superstition. Religion was a point of which Elizabeth was, if jiossihle, still more jealous than of matters of state. She pretended that, in quality of supreme head or governor of the church, she was fully emjiowered, hy her prerogative alone, to decide all questions which might arise with regard to doctrine, discijdine, or wor- ship ; and she never would allow her parliaments so much as to take these points into consideration. The courtiers did not forget to insist on this topic : the treasurer of the household, though ho allowed that any heresy might be repressed by parliament, (a con- cession which seems to have been rash and unguarded, since the act, investing the crown with the supremacy, or rather recognising that prerogative, gave the sove- reign full pov.er to reform all heresies,) yet he affirmed, that it belonged to the queen alone, as head of the church, to regulate every question of ceremony in wor- ship. The comptroller seconded this argument ; in- sisted on the c.ttent of the queen's prerogative ; and said that the house might, from former examples, h.ave taken warning not to meddle with such matters. One Pistor opposed these remonstrances of the courtiers. lie was scandalized, he said, that atfaiis of such in- finite consequence (namely, kneeling and making the Bign of the cross) should be p.assed over so slightly. These questions, ho added, concern the salvation of souls, and interest every one more deeply than the monarchy of the whole world. This cause he showed to be the cause of God ; the rest were all but terrene, yea, trifles in comparison, call them ever so great; subsidies, crowns, kingdoms, he knew not what weight they had when laid in the balance with subjects of sucli unspeakable importance. Though the zeal of this member seems to have been approved of, the house, overawed by the prerogative, voted upon the question, that a petition should he presented to her majesty, for her licence to proceed further in this bill ; and, in the meantime, that they should stop all debate or reasoning concerning it. Matters would probably have rested here, had not the queen been so highly offended with Stricland's presumption, in moving the hill for reformation of the liturgy, that she summoned iiim before the council, and prohibited him thenceforth from appearing in the house of commons. This act of power was too violent oven for the submissive parliament to Vol. I. endure. Carleton took notice of the matter ; com- plained that tlie liberties of the liou.se were invaded observed that Stricland was not a private man, but re- presented a multitude ; and moved that he might bo sent for, and, if he were guilty of any otl'cnce, might answer for it at the bar of the house, which he in- sinuated to be the only competent trihunal. Yclver- ton enforced the principles of libi-rty with still greater boldness, lie .said, that the precedent was dangerous : and though in this happy time of lenity, among so many good and honourable personages, as were at present invested with authority, nothing of extremity or injury was to be appreheiided, yet the times might alter; what now is permitted, might hereafter be con- strued as duly ; and might be enfoiced even on tho ground of the present permission. He added, that all matters not treasonable, or which imiilied not too much derogation of the imperial crown, might, without of- fence, be introduced into ]iarliameiii ; where everv question that concerned the community must be con- sidered, and where even the right of the crown it- self must finally be determined. He remarked, that men sat not in that house in their private capacities, but as elected by their country ; and though it was proper that the prince should retain his prerogative, yet was that prerogative limited by law : as the sove- reign could not of himself make laws, neither could he break them, merely from his own authority. These principles were popular, and noble, and gene- rous; but the open assertion of them was, at this time, somewhat new in England : and the courtieis were more warranted by present jnactice, when they advanced a contrary doctrine. The treasurer warned the house to be cautious in their proceedings ; neither to venture further than their assured warrant might extend, nor hazard their good opinion with her ma- jesty in any doubtful cause. The member, he said, whose attendance they required, was not restrained on account of any liberty of speech, but for his exhibit- ing a hill in the house against the prerogative of the queen ; a temerity wliicli which was not to be tole- rated. And he concluded with observing, that even sjiecchcs, made in that house, had been questioned and examined by the sovereign. Cleere, another member, remarked, that the sovereign's i)rerogative is not so much as disputable, and that the safety of the queen is the safety of the subject. He added, that, in questions of divinity, every man was for liis instruction to repair to his ordinary: and ho seems to insinuate, that the bishops themselves, for their in- struction, must repair to the queen. Fleetwood ob- served, that, in his memory, he knew a man, who, in the fifth of the present queen, had been called to account for .a speech in the house, lint lest this ex- ample should he deemed too recent, he would infoiiu them, from the parliament-rolls, that, in the reign of Henry X., a bishop was committed to prison by the king's command, on account of his freedom of speech; and the parliament presumed not to go further than to be humble suitors for him : in the subsequent reign the speaker himself was committed with another mem- ber; and the house found no other remedy than a like suhmi.ssive ajriilicatiou. He advised the house to have recourse to the same expedient ; and not to presume either to send for their member, or demand him as of right. During this speech, those members of the privy- council who sat in the house whispered together; upon which the speaker moved, that the house sliould make stay of all further proceedings: a motion which was immediately complied with. The queen, finding that tho experiment which she had n-.ade was likely to ex- cite a great ferment, saved her honour by this silence of the house ; and lest the question might be resumed, she sent next day to Stricland her permission to give his attendance in parliament. Notwithstanding this rebuke from tlic throne, tha zeal of the commons still engaged them to continns the discussion of those other bills which regarded re- -182 THE HISTORY OF ENGLAND. I. ;hap. XL licion ; but they weifc hilcniiptea by a st.II more arbi- trary proceeding of the quccii, in wliieh (lie lords coli- de«ccncle.l to be her iustninients. 'Jhis liouse sent a inessa"e to tlio commons, desiring tliat a committee mi-lit^attend tlicm. Some members -nere appointed foi^that purpose; and the upper liouso acquainted them, that the queen's majesty being informed of the articles of rofornuition whicli they had canvassed, ap- proved of them, intended to pnlilish them, and to malvo the bishops execute llieui, liy virtue of her royal ftuihorily, as supreme head of the church of Kng- land : but that she would not permit them to be treated of in parliament. The house, though they did not entirely stop proceedings on account of this injunc- tion, seem to have been nowise ofl'ended at such haughty treatment ; and in the issue all tlio bills came to nothing. A motion made by Robert Bell, a jmritan, against an exclusive patent granted to a couijvany of nicr- cliants in Bristol, gave also occasion to several remark- able incidents. The queen, some days after the motion was made, sent orders by the mouth of the speaker, com- manding the house to spend little time in motions, and to avoid long speeches. All the members understood that she had been offended, liecause a matter had been moved which sei'nied to touch her prerogative. Fleet- wood accordingly spoke of this delicate subject. He observed, that the queen had a prerogative of grant- ing patents ; that to question the validity of any jia- tent was to invade the royal prerogative; that all foreign trade was entirely subject to the pleasure of the sovereign ; that even the statute which gave li- berty of commerce, admitted of all prohibitions from the crown, and tliat the prince, when he granted an exclusive patent, only employed the power vested in liim, and pi-ohibited all others from dealing in any par- ticular branch of commerce. He quoted the clerk of the parliament's book, to prove that no man might speak in parliament of the statute of wills, unless the king first gave licence ; because the royal prerogative iu the wards was tliereliy touched. He showed like- wise the statutes of Edward I., Edward III., and Henry IV., with a saving of the prerogative. And in Edward VI.'s time, the protector was applied to, for his allowance to mention matters of prerogati:e. Sir Humphrey Gilbert, the gallant and renowned sea-adventurer, carried these topics still further. He endeavoured to ])rove the motion made by liell to be a vain device, and perilous to be treated of; since it tended to the derogation of the prerogative imperial, which w'noever sl\ould attempt so much as in fancy, could not, he said, bo otherwise accounted than an open enemy. For what difterence is there between saying that the queen is not to use the privilege of the crown, and saying that she is not queen ? And though experience has shown so much clemency in her ma- jesty, as might, perhaps, make subjects forget their duty ; it is not good to sport or venture too much with piiuccs. He reminded them of the fable of the hare, who, upon the proclamation that all horned beasts should depart the court, immediately fled, lest his ears should be construed to be horns : and by this apologue he seems to insinuate that even those who heard or permitted such dangerous speeches, would not them- selves bo entirely free from danger. He desired them to beware, lest, if they meddled farther with tliese matters, the q\ieeu might look to her own power; and fimling herself able to suppress their challenged liberty, and to exert an arbitrary avithority, might imitate the example of Louis XI. of France, who, as he termed it, delivered tlio crown from wardship. Tnongli this speech g.ave some disgust, nobody, at the lime, replied auytliing, but that sir Humphrey mistook the meaning of the house, and of the member who made the motion : they never had any other pur- pose, than to represent their grievances, in due and seemly form, onto her majesty. 15nt in a subsequent deliate, IVtcr Wentworth. a man of .a suiierior free .spii-it, called tluvt speech an insult ou the houso- noted sir Humphrey's disposition to flatter and fawn on lUe prince ; compared him to the chamelion, whicn can change itself into all colours, except white; and i-e- conunemled to the house a due care of liberty of speech, and of the privileges of parliament. It appears, on tlio whole, tliat the motion against the exclusive patent had no cflect. Bell, the member who first inlioduced it, was sent for by the council, ami was severely reiiri- maiided for his temerity. He retuincdio the house witli such an amazed countenance, that all the nicni- bers, well inrorincd of the reason, were struck with terror; and during some time no one durst rise to sjieak of any matter of importance, for fear of giving oilence to the queen and the council. Even after the fears of tlie commons were somewhat abated, the members spoke with extreme iirccaution ; and by em- ploying most of tlieir discourse in preambles and apo- logies, tliey showed tlieir conscious terror of the rod which hung over them. Wherever any delicate point was touched, though ever so gently, nay seemed to be approached, though at ever so great a distance, the whisper ran about the house, " The queen will be oll'euded ; the council will bo extremely displeased :" and by these surmises men were warned of the danger to which they exposed themselves. It is remarkable, tliat the patent, which the queen defended with such imperious violence, was contrived for the profit of four courtiers, and was attended with the utter ruin of seven or eight thousand of her industrious subjects. Thus everything which passed the two houses was cxirenu'ly respectful and submissive ; yet did the queen think it incumbent on her, at the conclusion of the session, (29th iMay,) to check, and that with great severity, those feeble efforts of liberty, which had ap- peared in the motions and speeches of some members. The lord-keeper told the commons, in her majesty's name, that, though the majority of the lower house had shown themselves in their proceedings discreet and dutiful, yet a few of them had discovered a con- trary character, and had justly merited tlie reproach of audacious, arrogant, and presumptuous: contrary to their duty both as subjects and parliament-men, nay, contrary to the express injunctions given them from the throne at the beginning of the session, injunctioDS which it might well become them to have better at- tended to, they had presumed to call in question her majesty's grants and prerogatives. But lier majesty warns them, that since they thus wilfully forget them- selves, they are otherwise to be admonished : some otlicr species of correction must be found for them ; since neither the commands of her majesty, nor the example of their wiser brethren, can reclaim their audacious, arrogant, and presumptuous fully, by which they are thus led to meddle with what nowise belongs to them, and wliat lies beyond th'.- compass of their understanding. In all these transactions appears clearly the opinion which Elizabeth had entertained of the duty and authority of parliaments. They were not to canvass any matters of state ; still less were they to meddle with tlio church. Questions of either kind were far above their reach, and were approjuiated to the prince alone, or to those councils and ministers with whom he was pleased to intrust tlioin. What then was tlie office of parliaments ? They might give directions for the duo tanning of leather, or milling of cloth ; for the preservation of pheasants and partridges ; for tho reparation of bridges and highways ; for the juinish- nient of vagabonds or common beggars. Kegulations coucerning the police of the country came jiroperly under their inspection ; and the laws of this kind which they prescribed had, if not a greater yet a more durable authority, tlian those which were derived only from the pi'ocliimations of the sovereign. Precedents or reports could fix .a rule for decisions in private property, or the punishment of crimes: but no :ilter- alion or innovation in the niunicipnl law could pro- ceed from any other source than the parliament ; nor Chap. XL.] ELIZ.^BETH, 15.58—1603. 483 would tlie courts of justice be induced to change their eslublisharliaineiit-— D'Ewes, p. 181. It is probaMe that l.*ie raecibcr Cdd Qo uther \ie\v thait thf privUfge of being free Ircm anxxcs. duce some bastard of his own, and aSirm that ho was her offspring. It. was aUo enacted, that whosoever by bulls should publish absolutions or otlier rescripts of the pope, or should, by means of them, reconcile any man to the church of Rome, such oflenders, as well as tiiose who were so reconciled, should be guilty of treason. The penally of a premunire was imjiosed on every one who iinjiorted any Agnus Dei, crucifi.x, or such other imple- ment of superstition, consecrated by the pope. The former laws against usury were enforced by a uew statute. A supply of one subsidy and two fifteenths was granted by parliament. The queen, as she was determined to } ield to them none of her power, was very cautious in asking tliera for any supply. .Sha endeavoured, cither by a rigid frugality to make her ordinary revenues siiiiioe for the necessities of the crown, or she employed her prerogative, and procured money by the granting of patents, monopolies, or by some such ruinous expedient. Though Elizabeth possessed such nucontrolled au- thority over her parliaments, and such extensive influ- ence over her people ; tliough during a course of thirteen years she had maintained the public tranquil- lity, which was only interrupted by the hasty and ill-concerted insurrection in the north; she was still kept in great anxiety, and felt her throne perpetually totter under her. The violent commotions excited in France and the Low Countries, as well as in Scotland, seemed in one view to secure her against any disturb- ance; but they served, on more reflection, to instruct her in the danger of her situation, when she remarked that England, no less than these neighbouring coun- tries, contained the seeds of intestine discord, the difler- ences of religious opinion, and the furious intolerance and animosity of the opposite sectaries. CIS'lL WARS OF FRANCE. The league formed at Bajonne in 15GG tor the exter- mination of the protestauts, had not been concluded so secretly but intelligence of it had reached Conde, Coligni, and the other leaders of the hugonots ; and finding that the measures of the court agreed with their suspicions, they determined to prevent the cruel peilidy of their enemies, and to strike a blow before the catholics were aware of the danger. The hugonots, though dispersed over the whole kingdom, formed a kind of separate empire; and being closely united, as well by their religious zeal as by the dangers to which they were perpetually exposed, they obeyed, with entire submission, the orders of tluir leaders, w ho were ready on every signal to fly to arms. The king and queen- mother were living in great security at 5Iontceau.\ in Brie, when they found themselves surrounded by pro- testant troops, which had secretly marched tliither from all quarters ; and had not a body of Swiss come speedily to their relief, and conducted them with great intrepidity to Paris, they must hxve fallen, without re- sistance, into the hands of the malcontents. A battle was afterwards fought in the plains of St. Dennis ; where, though the old constable Montmorency, the general of the catholics, was killed combating bravely at the head of his troops, the hugonots were finally defeated. Conde, collecting his broken ftu'ces, and re- ceiving a strong re-enforceinent from the German pro- testauts, appeared again in the field ; and laying siege to Chartres, a place of gi-eat importance, obliged the court to agree to a new accommodation. So great was the mutual animosity of those religion- ists, that even had tlie leaders on botli sides been ever so sincere in their intentions for peace, and reposed ever so much confidence in each other, it wimld have been difficult to retain the people in tranquillity ; much more, where such extreme jealousy prevailed, and where tlie court emjdoyed every pacification as a snare for tlu'ir enemies. A plan was laid for seizing the per- son of the prince and admiral ; who narrowly escaped 4S4 THE HISTORY OF ENGLAND. [Chap. XL. to Rochelle, and summoned t).eir partisans ositioii to revolt. Associations ^vcre formed, tumultuary peti- tions prescnlcd, names of distinction assumed, badges of party displ.ayed ; and the current of the people, im- pelled by religious zeal and irritated by feeble resist- ance, rose to such a height, that in several towns, particularly in Antwerp, they made an open inv.asion on the established worship, pillaged the churches and monasteries, broke the images, and committed the most unwarrantable disorders. The wiser part of the nobilitj', particularly the prince of Orange, and the count.s Eguiont and Horn, were alarmed at these excesses, to which their own discon- tents had at first given countenance; and seconding • Oriitii Anna., lib i. Father Paul, anotner irreat aulhoritv, cnmpute', that liAl liiounniid perions vvtre put to death in t^e Low Co..t.tna .\lonc the wisdom of tho governess, they suppressed the dan- gerous insurrections, punished tho ringleaders, and reduced all the provinces to a state of order and sub- mission. But Philip was not contented with the re- establishmcnt of his ancient authority : he considered, that provinces so remote from the seat of government could not be ruled by a limited jircrogative ; and that a prince, who must entreat rather than command, would necessarily, when he resided not among the people, feel every day a diminution of his power and influence. He determined, therefore, to Lay hold of the lute popu- lar disorders, as a pretence for entirely abolishing the privileges of the Low Country jirovinccs; and for ruling them thenceforth with a military and arbitrary authority. In the execution of this violent design, he employed a man, who was a proper instrument in the hands of such a tyrant. Fei dinand of Toledo, duke of Alva, had been educated amidst arms; and liaving attained a consummate knowledge in the military art, his habits led him to transfer into all government the severe dis- cipline of a camp, and to conceive no measures between prince and subject, but those of rigid command and implicit obedience. This general, in 15(;8, conducted from Italy to the Low Countries a powerful body of veteran Spaniards: and his avowed animosity to the Flemings, with his known character, struck that whole people with terror and consternation. It belongs not to our subject to relate at length those violences which Alva's natural barbarity, steeled by reflection, and ag- gravated by insolence, exercised on those flourisli- ing provinces. It suffices to say, that all their pri- vileges, the gift of so many princes, and the in- heritance of so many ages, were openly and exjiressly abolished by edict ; arbitrary and sanguinary tribnnal.s erected ; the counts Egmont and Horn, in spite of their great merits and past services, brought to the scaft'old ; multitudes of all ranks thrown into con- finement, and thence delivered over to the executioner: and notwitlistauding the peaceable sulunissiou of all men, nothing was heard of but confiscation, imprison- ment, exile, torture, and death. Klizabeth was equally displeased to see the progress of that scheme, laid for the extermination of the pro- testants, and to observe the erection of so great a military power, in a state situated in so near a neigh- bourhood. She gave protection to all the Flemish exiles who took shelter in her dominions ; and as many of these were the most industrious inhabitants of the Netherlands, and had rendered that country celebrated for its arl.s, she reaped the advantage of introducing into England some useful manufactures, which were formerly unknown in that kingdom. Foresi'eing that the violent government of Alva could not long subsist without exciting some commotion, she ventured to commit an insult upon him, which she would li.ave boon cautious not to hazard against .a more established au- thority. Some Genoese merchants had engaged, by contract with Philip, to transport inio Flanders tiie sum of four hundred thou.sand crowns ; and tho vessels, on which this money was embarked, had been attacked in the Channel by some priv.atcers cqiiiiipcd by the French hugonots, and had taken shelter in Ply- mouth and Soutli.ampton. The commaudcrs of the ships pretended that the money belonged to the king of Spain ; but the queen, finding upon inquiry that it was the property of Genoese merchants, took posses- sion of it .as a lonn ; and In* tnat means deprived the duke of Alva of this resource in the timoof liisgrcateBt necessity. Alva, in revenge, seized all the laigli.sh merchants in the Low Conutrics, threw them into pri son, and coniiscatcd their eflTccts. The queen retali- ated by a like violence on the Flemish and Spanish merchants ; and gave all the English liberty to make repris.als r.n the subjects of Philip. These differences were afterwards accommodated by treaty, and mutu.al reparations were made to the mer- chants : but nothing could repair the looS which .s'o 43G THE HISTORY OF ENGLAND [Chip. XL WPlI-tiniod a blow inflicted on the Spanish government in tlie Low Countries. Alvn, in want of money, nnd dreading the immediate mutiny of Iiis trooi's, to whom great arrears were due, imposed by his ailiitrary will the most ruinous taxes on the i/voph-. He not only required the hundredth penny, and the twentieth of all immoveable goods : he also denuuided the tenth of all moveable goods on every sale; an absurd tyranny, whieh wonld not only have destroyed all arts and commerce, but even have restrained the common in- tercourse of life. Tlie people refused compliance : the duke had recourse to his usual expedient of the gibbet : and thus matters came still nearer the lust ex- tremities between the Flemings and the Spaniards. NEW CONSPIRACY OF THE DUKE OF NORFOLK. All the enemies of Elizabeth, in order to revenge till niselves for her insults, had naturally recourse to one policy, the supporting of the cause and preten- sions of tiie queen of Scots ; and Alva, whose mea- suies were ever violent, soon opened u secret inter- course with that princess. There was one Rodolphi, a Florentine merchant, who had resided about fifteen years in London, and who, while he conducted his commerce in England, had managed all the correspon- dence of the court of Rome with the catholic nobility and gentry. lie had been tlirowu into prison at the time when the duke of Norfolk's intrigues with Mary had been discovered ; but eitlier no proof was found against him, or the part which lie had acted was not verv criminal ; and he soon after recovered his liln-rty. This man, zealous for the catholic faith, had formed a scheme, in concert with the Spanish ambassador, for subverting the government, by a foreign invasion and a domestic insurrection ; and when he communicated his project, by letter, to Mary, he found that, as she was now fully convinced of Elizabeth's artifices, and despaired of ever recovering her authority, or even her liberty, by pacific measures, she willingly gave her concurrence. The great number of discontented catho- lics were the chief soui'cc of their hopes on the isle of England; and they also observed, that the kingdom was, at that time, full of indigent gentry, chiefly younger hrotliers,wlio having at present,by the late de- cay of the church, and the yet languishing state of com- merce, no prospect of a livelihood suitable to their birth, were ready to throw theui'-elves into any desperate en- terprise. But in order to inspire life and courage into all these malcontents, it was requisite that some great nobleman should put himself at their head ; and no one appeared to Rodolphi, and to the bishop of Ross, who entered into all these intrigues, so proper, both on account of his power and his poimlarity, as the duke of Norfolk. This nobleman, when released from confinement in the Tower, had given his promise that he would drop all intercourse with the queen of Scots; but finding that he liad lost, and, as he feared, beyond recovery, the confidence and favour of Elizabeth, and being still, in some degree, restrained from his liberty, he was tempted, by impatience and despair, to violate his word, and to open anew his correspondence with the captive princess. A promise of marri.age was renewed between them ; the duke engaged to enter into all her interests ; and as his remorses gradually diminished in the course of these transactions, he was pushed to give his consent to enterprises still more criminal. Rodolphi'splan was, that the duke of Alva should, on some other pretence, assemble a great quantity of slii]iping in the Low Countries ; should transport a body of .*ix thousand foot, and four thousand horse into England; should land them at Harwich, where the duke of Norfolk was to join them with all his friends ; should thence march directly to London, and oblige the queen to submit to whatevoi tenus the conspirators should please to impose upon lier. Norfolk expressed his assent to this plan; and three letters, in conse quence of it, were written in his name by Rodolphi, one to Alva, another to the pope, and a third to the king of Sjiain ; but the duke, apprehensive of the dan- ger, refused to sign them, lie only sent to the Spanish amliassador a servant and confidant, named Barker, a.^ well to notify his concurrence in the plan, as to vouch for the authenticity of these letters; and Rodolphi, having obtained a letter of credence from the ambas- sador, proceeded on his journey to Brussels and to Rome. The duke of Alva and the pope embi-aced the scheme with alacrity: Rodolphi informed Norfolk of their intentions; and everything seemed to concur in forwarding the undertaking. Norfolk, notwithstanding these criminal enterprises, had never entirely forgotten his duty to his sovereign, his country, and his religion ; and tliough he had iaid the plan both of an invasion and an insurrection, he still flattered himself, that the innocence of his inten- tions would justify the violence of his measures, and that, as he aimed at nothing but the liberty of the queen of Scots, and the obtaining of Elizabeth's con- sent to his marriage, he could not justly reproach him- self as a rebel and a traitor. It is certain, however, that, considering the queen's vigour and spirit, the scheme, if successful, must finally have ended in de- throning her; and her authority was here exposed to the utmost daufrer. TRIAL OF NORFOLK. January 12, 1572. The conspiracy hitherto had entirely escaped the vigilance of Elizabeth, and that of secretary Cecil, who now bore the title of lord Bnrlcigh. It was from an- other attempt of Norfolk's, that they first obtained a hint, which, being diligently traced, led at last to a full discovery. JIary had intended to send a sum of money to lord Herrcis, and her partisans in Scotland ; and Norfolk undertook to have it delivered to Bannister, a servant of his, at that time in the north, who was to find some expedient for conveying it to lord Herrcis. He intrusted the money to a servant, who was not in the secret, and told him that the bag contained a sum of money in silver, which he was to deliver to Ban- nister with a letter: but the servant, conjecturing, from the weight and size of the bag, that it was full of gold, carried the letter to Burleii;li ; who immediately ordered Bannister, Barker, and llicford, the duke's secretary, to be put under arrest, and to undergo a severe exami- nation. Torture made them confess the whole truth ; and as Hicford, though ordered to burn all papeis, had carefully kept them concealed under the mats of the duke's chamber, and under the tiles of the house, full evidence now appeared against his master. Norfolk himself, who was entirely ignorant of the discoveries made by his servants, was brought before the council; and though exhorted to atone for his guilt by a full confession, he persisted in denying every crime with which he was charged. The queen always declared, that if he had given her this proof of his sincere re- pentance, she would have pardoned all his former of- fences ; but finding him obstinate, she committed him to the Tower, and order('d him to be brought to his trial. The bishop of Ross had, on some suspicion, been committed to custody before the discovery of Norfolk's guilt; and every expedient was employed to make him reveal his share in the conspiracy. He at first insisted on bis pi'ivilege ; but he was told, that as his mistress was no longer a sovereign, he would not be regarded as an ambassador, and that, even if that cha- racter were allowed, it did not warrant him in conspir- ing against the sovereign at whose court he resided. As he stiU refused to answer interrogatories, he wafj informed of the confession made by Norfolk's servants, after which he no longer scrupled to make a full dis- covery : and his evidence put the guilt of that noMo Chap. XL.l ELIZABETH. 15-,8-l(W3. 487 man beyond all question. A jiivy of twenty-five peers nnanimoiisly passed senteiicp upon him. The trial was quite ri'<;ular, even according' to tlic strict rules ob- served at present in these matters ; exce|)t that the witnesses gave not their evidence in eoiirt, and were not confionted with the prisoner: a laudable practice, which was not at that time observed in trials for high- treason . HIS EXECUTION. The queen still hesitated concerning Norfolk's exe- cution, whether that she was really moved by friend- Ehip and compassion towards a peer of that rank and merit, or tliat, alVecting the praise of cli'Uiency, she only put on the appearance of these sentiments. Twice she sigucd a warrant for his execution, and twice re- voked the fatal sentence; and though her ministers and counsellors pushed iier to rigour, .she still appeared irresolute and undetermined. After four months" hesi- tation, a jiarliament was assembled, (8tli May,) and the commons addressed lier in strong terms for the execution of the duke ; a sanction wliich, w hen added to the greatness and certainty of his guilt, would, she thought, justify, in the eyes of all mankind, her seve- rity against that nobleman. Norfolk died with calm- ness and constancy ; (2d June ;) and though he cleared liimself of any disloyal intentions against tiie queen's authority, he acknowledged the justice of the sentence by whicli he suffered. That we may relate together affairs of a similar nature, wo shall mention, that the earl of Northumberland, being delivered up to the queen by the regent of Scotland, was also, a few months after, brought to the scaffold for his rebellion. The queen of Scots was eitlier the occasion or the cause of all these disturbances; but as she was a sove- reign princess, and might reasonably, from the harsh treatment which she had met with, tliink herself en- titled to use any expedient for her relief, Elizabetli durst not, as yet, form any resolution of proceeding to extremities against her. She only sent lord Deiawar, sirlialph Sadler, sir Thomas lJroniley,and Dr. Wilson, to expostulate with lier, and to demand .satisfaction for all tlio.se parts of her conduct, which, from the begin- ning of her life, had given dis]iloasure to Elizabeth : her assuming the arms of England, refusing to ratify the treaty of Edinburgh, intending to marry Norfolk without the queen's consent, concurring in the nor- thern rebellion, practicing witli Rodolidii to engage the king of Spain in an invasion of England, procur- ing tiio pope's bull of excommunication, and allowing lier friends abroad to give her the title of queen of England. Mary justified herself from the several articles of the ciuirge, either by denying the facts im- puted to her, or by throwing the Idame on others. But the queen was little satisfied witli her apology, and the iiarliament was so enraged against her, that the commons made a direct application for her inmiediate trial and execution. They employed some topics de- rived from practice and reason, and the laws of nations; but tile chief .stress was laid on passages and examples from tlie Old Testament, whicli, if considered as a general rule of conduct, (an intention which it is un- rea^sonable to suppose,) would lead to cons*'quences destructive of all 2>rineiples of humanity and morality. Matters were here carried further than Elizabeth in- tended ; and that princess, satisfied with .showing Mary ihe disposition of the nation, sent to the house her express commands not to deal any further at pre- sent in the aff.iir of the Scottish queen. Nothing could be a stronger proof, that the puritanical interest prev.iiled in the house, than the intemperate use of au- thorities derived from scripture, especially from the Old Testament ; and the queen was so little a lover of that sect, that she was not likely to make any conces- sion merely iu deference to their solicitation. She showed, tliis session, her disapprobation of their sdicmes in another remarkable instance. The com- mons had passed two bills for regulating ecclesiastical ceremonies ; but she sent them a like inii>crious mes- sage with her former ones; and by the terror of lier prerogative, she stoi>pcd all further proceeding in those matters. SCOTCn AFFAIRS. Eut though Elizabeth would not carry matters to such extremities against JIary, as were recommended by the parliament, she was alarmed at the great inter- est and the restless spirit of that princess, as well as her close connexions with Spain : and she thought it necessary both to increase the rigour and strictness of her confinement, and to follow maxims different from those which she had hitherto pursued in her manage- ment of Scotland. 'J'liat kingdom remained still in a state of anarchy. The castle of Edinburgh, com- manded by Kirkaldy of Grange, had declared for Sfary : and the lords of that party, encouraged by his countenance, had taken possession of the capital, and carried on a vigorous war against the regent. I3y a sudden and unexpected inroad, they seized that noble- man at Stirling ; but finding that his friends, fiallying from the castle, were likely to rescue him, they in- stantly put him to death. The earl of Marre' was chosen legent in his room ; and found the same difE- cutties in the government of that divided country. He was therefore glad to accejit of the mediation offered by the French and English ambassadors ; and to conclude on equal terms a truce with the queen's party. He was a man of a free and generous spirit, and scorned to submit to any dependence on England ; and for this reason, Eliz.abeth, who had then formed intimate connexions with France, yielded with less reluctance to the solicitations of that court, still main- tained the appearance of neutrality between the par- ties, and allowed matters to remain on a balance in Scotland. But affairs soon after took a new turn : Marre died of melancholy, with wliich the distracted state of the country affected him : Morton Avas chosen regent ; and as this nobleman had secretly taken all his measures with Elizabeth, who no longer relied on the friendship of the French court, she resolved to exert herself more effectually for the support of the party which she had always favoured. She sent sir Henry Killegrew ambassador to Scotland, who found Mary's partisans so discouraged by the discovery and punishment of Norfolk's conspiracy, that they were glad to submit to the king's authority, and accept of an indemnity from all past offences. The duke of Cha- telr.ault and the earl of Huntley, with the most con- siderable of Mary's friends, laid down their arms on these conditions. The garrison alone of the castle of Edinburgh continued refractory. Kirkaldy's fortunes were desperate ; and he fiattered himself with the hopes of receiving assistance from the Icings of France and Spain, who encouraged iiis obstinacy, in the view of being able, from that quarter, to give dis- turbance to England. Elizabeth was alarmed with the danger ; she no :nore apprehended making an entire breach with the queen of Scots, who she found, would not any longer be amused by her artifices ; she had an implicit reliance on Morton ; and she saw that by the submission of all the considerable nobility, the pacification of Scotl.and would be an easy, as well as a most important undertaking. She ordered, therefore, sir William Drury, governor of Berwick, to march with some troops and artillery to Edinburgh, and to be- siege the castle. The garrison surrendered at discre- tion : Kirkaldy was delivered into the hands of his countrymen, by whom he was tried, condemned, and executed : secretary Lidington, who had taken part with him, died soon after a voluntary death, as is sup- posed ; and Scotland, submitting entirely to the re- gent, gave not, during a long time, any further inquie- tude to Elizabeth 438 THE HISTORY OF ENGLAND. [Chap. XT.. FRENCH AT'F.VrHS. The events which hapiicnod in France wore not so ngreeable to the queen's interests ami inclinations. The fallacious paeitications, which had been so often m.-iile with the huijonots, pive them re.i-son to suspect tlie present intentions of the court ; and, after all the other leailei-s of tliat party were deceived into a dan- gerous credulity, the s.igaeious admir.il still remained doubtful and nneertain. But his suspicions were at l.ast overcome, jiartly by the i)rofound dissimulation of Charles, ])ar(ly by his own earnest desire to end the miseries of France, ami return again to the iierforni- auce of his duty towards liis prince and country. He considered besides, that as the former violent conduct of the court had ever met with such fatal success, it was not unlikely, that a prince, who had newly come to years of discretion, had api)eai'ed not to be riveted in any dangerous animosities or prejudicies, would be induced to govern himself by more moderate maxims. And as Charles was young, was of a passionate, hasty temper, and addicted to pleasure, such deep ])erfidy seemed either remote from his character, or difficult, mid almost impossible, to be so uniformly sui)]jorted by him. Moved by these considerations, the admiral, the queen of Navarre, and all the hugonots, began to repose themselves in full security, and gave credit to the treacherous caresses and professions of the French court. F.lizabeth herself, notwithstanding her great experience and penetration, entertained not the least distrust of Cliarles's sincerity ; and being pleased to find her enemies of the house of Guise removed from all authority, and to observe an animosity every day growing between tlie French and Spanish nionarchs, she concluded a defensive league with the former, (11th April.) and regarded this alli.ance as an invinci- ble barrier to lier throne. Walsingham, her amb-a-ssa- dor, sent her over, by every courier, the most satisfac- tory accounts of the honour, and plain-dealing, and fidelity of that perfidious prince. MASSACRE OF PARIS. Tlie better to blind the jealous hugonots, and draw their leaders into the snare prejiared for them, Charles offered his sister JIargaret in marriage to the prince of Navarre ; and the admiral, with all the considerable nobility of the party, had come to Paris, in order to assist at the celebration of these nuptials, which, it was hoped, would finally, if not compose the difi'er- ences, at lea.st appease the bloody animosity of the two religions. The queen of Navarre was poisoned by orders from the court ; the admiral was dangerously wounded by an assassin : yet Charles, redoubling his dissimulation, was still able to retain the hugonots in their security ; till, on the evening of St. Bartholomew, (24th Augnist,) a few da^vs after the marriage, the sig- nal was given for a general m.assacre of those religion- ists, and the Icing himself, in person, led the way to these assassinations. The hatred long entertained by the Parisians against the protestants, made them se- cond, without any preparation, the fury of the court ; and persons of every condition, age, and sex, suspected of any propensity to that religion, were involved in an undistinguished ruin. The admiral, his son-in-law, Teligni, Soubize, Rochefoucault, Pardaillon, Piles, La- vardin, men who, during the late wars, had sign.alized themselves by the most heroic actions, were miserably butchered, without resistance ; the streets of Paris flowed with blood ; and the people, more enraged than satiated with their cruelty, as if repining that death had saved the victims from further insult, exercised on their dead bodies all tlie rage of the most licentious brutality. About five hundred gentlemen and men of rank perished in this massacre, and near ten thousand of inferior condition. Orders were instantlv dispatched to all the provinces for a like general execution of the protestants ; and in Rouen, Lyons, and manv other cities, the people emulated the fury of the capital. Even the murder of the king of Navarre, and prince of CoiuU', had been iiro]iosed by the duke at' (iuise ; but Charles, softened by the ami.able manners of the king of Navarre, and hoping that these young princes might easily be converted to the catholic faith, determined to spare their lives, though he obliged them to purchase tiieir safety by a seeming change of their religion. Charles, in order to co\er this barbarous perfidy, ]>retended that a conspiracy of the hugonots to seize liis person had been suddenly detected ; and that he had been necessitated, for his own defence, to proceed to this severity against them, lie sent orders to Fene- lon, his ambassador in England, to ask an audience, and to give Elizabeth this account of the late traus.ac- tion. That minister, a man of jirobity, abhorred the treachery and cruelty of his court ; and even scrajded not to declare, that he was now ashamed to bear the name of Frenchman ; yet he was obliged to obey his orders, and make use of the apology which had beea j>rescribeil to him. He met with that reception from all the courtiers, which he knew, the conduct of his master had so well merited. Nothing could be more awful and affecting than the solemnity of his audience. A melancholy sorrow sat on every face : silence, as in the dead of night, reigned through all the chambers of the royal apartment ; the courtiers and ladies, clad in deep mourning, were ranged on each side, and allowed him to pass without affording him one salute or favour- able look till he was admitted to the queen herself. That princess received him with a more easy, if not a more gracious countenance ; and heard his apology, without discovering any visible symptoms of indignation. She then told him, that though on the first rumour of this dreadful intelligence, she had been astonished that so many brave men and loyal subjects, who rested secure on the faith of their sovereign, should have been sud- denly butchered in so baibarous a manner, she had hitherto suspended her judgment, till further and more certain information should be brought her : that the account which he had given, even if founded on no mistake or bad information, though it might alleviate, would by no means remove the blame of the king's counsellors, or justify the strange irregularity of their proceedings : that the same force which, without re- sistance, had massacred so many defenceless men, could easily have secured their persons, and have re- served them for a trial, and for punishment, by a legal sentence, which would have distinguished the innocent from the guilty ; that the admiral, in par- ticular, being dangerously wounded, and environed by the guards of the king, on whose protection he seemed entirely to rely, had no means of escape, and might surely, before his death, have been convicted of the crimes imputed to hira : that it w.os more worthy of a sovereign to reserve in his own hands the sword of justice, than to commit it to bloody murderers, who, being the declared and mortal enemies of the persona accused, employed it without mercy and without dis- tinction : th.at if these sentiments wer^ just, even sup- posing the conspiracy of the protestants to be real, how much more so, if that crime w.as a calumny of their enemies, invented for their destrnetion ! That if, upon inquiry, the innocence of these unhappy \'ic. tims should afterwards appear, it was the king's duty to turn his vengeance on their defamers, who had thus cruelly abused his confidence, had murdered so many of his brave subjects, and had done what in them lay to cover him with everlasting dishonour : and that, for her part, she should form her judgment of his inten- tions by his subsequent conduct ; and in the mean time should act as desired by the ambassador, and rather pity than blame his master for the extremities to which he had lieen carried. Elizabeth w.as fully sensible of the dangerous situ.a- tion in which she now stood. In the massacre of Paris, she s.aw the result of that general conspinicy, formed for the extermination of the protestants ; atid Chap. XL. J la-iZABETH. lAsa— iiioa 489 she liiipw lliat slie licrsulf, as the lieaJ and protectress ul the new rflir;ion, was exposed to the iitinust fuiy hnd reseiitnient of tlie catholics. The vioU'iicc and cruelty of the Spaniards in the Low Countries was another branch of the same conspiracy ; and as Charles and Philip, two princes nearly allied in perfidy and barbarity as well as in bi^'otrv, had now laid aside their pretended quarrel, and had avowed the most entile friendship, she had reason, as soon as they had appe;ised their domestic commotions, to dread the effects of their united counsels. The duke of Guise also and his family, whom Charles, in order to deceive the admiral, had hitherto kept at a distance, had now aciiuired an open and entire ascAidant in the court of France; and she was sensible that these princes, from personal as well as j)olitieal reasons, were her declared and implacable enemies. The queen of Scots, tlieir near relation and close confederate, was the pretender to her throne; and, though detained in custody, was actuated by a restless spirit, and besides her foreign allies, possessed numerous and zealous partisans in the Iveart of the kingdom. For these reasons, Elizabeth thought it more prudent not to reject all commerce with the French monarch, but still to listen to the professions of friendship which he made her. She allowed even the negociatious to be renewed for her marriage with the duke of Alcnron, Charles's third brother: those with the duke of Anjou had already bjen broken off. She sent the earl of Worcester to assist in her name at the baptism of a young princess, born to Charles ; but before she agreed to give him this last mark of condescension, she thought it becom- ing her dignity, to renew her e.xpressions of blame, and even of detestation, against the cruelties e.vercised on his protestant subjects. Meanwhile, she prepared herself for that attack which seemed to threaten her from the combined power and violence of the Uomau- ista : she fortified Portsmouth, put her fleet in order, exercised her militia, cultivated popularity with her subjects, acted with vigour for the further reduction of Scotland under obedience to the young king, and re- newed her alliance with the German princes, who were no less alarmed tlian herself at these treacherous and sanguinary measures, so universally embraced by the catholics. FREXCII AFFAIRS. 1573. r.ut though Elizabeth cautiously avoided coming to extremities with Charles, the greatest security that she ])ossessed against his violence wa-s derived from the difficulties which the obstinate resistance of the hugonots still created to him. Such of that sect as lived near the frontiers, immediately, on the first news of the massacres, fled into England, Germany, or Switzerland ; where they excited the compassion and indignation of tlie protestants, and prejiared them- selves, with increased forces and redoubled zeal, to return into France, and avenge the treachei ous slaugh- ter of their brethren. Those who lived in the middle of the kingdom took shelter in the nonvest gaiiisons occupied by the hugonots ; and finding that they could repose no faith in capitulations, and expect no cle- ■iiency, were determined to defend themselves to the last extremity. The sect, which Charles had hoped at one blow to exterminate, had now an army of eighteen thouKand men on foot, and possessed in different parts of the kingdom above a hundred cities, castles, or for- tresses ; nor could that prince deem himself secure from the invasion threatened him by all the other pro- testants in Europe. The nobility and gentry of Eng- land were roused to such a pitch of resentment, that they offered to levy an army of twenty thousand foot and four thousand horse, to transport them into France, and to nnxintain them six months .at their own Cliarge : but Elizabeth, who was cautious in her nuM- sures, and who feared to inflame further the (juarrel between the two religious by these dangerous cru.sades Vol.. I. refused her consent, and moderated tne zea'i of hpv subjects. The German princes, less ]]olitical or morn secure from the resentment of France, forwarded the levies made by the protestants ; aud the young prince of Conde, having escaped from court, put himself at the head of these troops, and prepared to invade the kingdom. The duke of Alemyon, the king of Navaire, the family of Montmorency, and many considerable men even among the catholics, displeased, either on a private or public account, with the measures of the court, favoured the ])rogress of the hugonots ; and everything relapsed into confusion I.'i74. The king, instead of repenting his violent counsels, which had hrought matters to such extremities, called aloud for new violences ; nor could even the mortal dis- temper under which he laboured, moderate the rage and animosity by which he was actuated. lie died (30th jNIay) without male issue, at the age of twenty- five years; a prince whose character, containing that unusual mixture of di.-simulation and ferocitv, of quick resentment and unrelenting vengeance, exe- cuted the greatest mischiefs and threatened still worse, both to his native country and to all Europe. lleniy, duke of Anjou, who had, some time before, been elected king of Poland, no sooner heard of Iiiet brother's death, tlian he hastened to fake possession of the throne of France ; aud found the kingdom not only involved in the greatest present disonlers, but exposed to infirmities, for which it was extremely difficult to provide any suitable remedy lo7o. The people were divided into two theological factions, furious from their zeal, and mutually enraged from the in- juries which they had comniitted or sufl'ered ; and as all faith had been violated and moderation banished, it seemed impracticable to find any terms of compo- sition between them. Each party had devoted itself to leaders, whose commands had more authority than the will of the sovereign; and even the catholics, to whom the king was attached, were entirely conducted by the counsels of Guise and his family. The religious connexions had, on both sides, superseded tlie civil ; or rather, (for men will alw.ays be guided by present in- terest,) two empires being secretly formed in tho king- dom, every individual was engaged by new views of i-iterest to follow those leaders to whom, during the course of past convulsions, he had been iudebted for his honours and preferment. Henry, observing the low condition of the crown, had laid a scheme for restoring his own authoritv, by .acting as umpire between the parties, hy nioderatirig their differences, and by reducing both to a depend- ence upon himself. He possessed all the talents of dissimulation requisite for the execution of this deli- cate plan ; but being deficient in vigour, aiiplication, and sound judgment, instead of acquiring a superiority over both factions, he lost the confidence of both, and taught the partizans of each to adhere still more closely to their particular leaders, whom they found more cordial and sincere in the cause which they espoused. Tho hugonots were strengthened by the accession of a German army under the prince of Conde and prince Casimir; but mucli more by tlie credit and personal virtues of the king of Navarre, who, h.aving fled from court, had placed himself at the head of that formidable party. Henry, in prosecution of his plan entered into a composition with them; and being de sirous of preserving a balance between the sects, ho granted them peace on the most advantageous condi- tions. This was the fifth general peace made with the hugonots; but though it was no more sincere on tJie part of the court than any of the former, it gave the highest disgust to the catholics ; and afforded the duke of Guise the desired pretence of declaimiui' against the measures, and maxims, and conduct ol the king. Tliat artful and bold leader took thence an occasion of reducing his party into a more formed and regular body ; and he laid the first foundations of the fairioua 3R 490 irii'; HISTORY ov England. [Cir^r, XL. Leaoi-f, wliicli, witlioiit paying any regard to tliR roval authoiitv, aimc.l at the entire si!pi>ression of tlie liu'-'onots. Siieli "as the unliajipv eondition of Franee, from tlio past sererities ami violent eondnet of its prinees, tliat toleralion conlcl no longer be admitted ; and a eoneession for liberty of conscience, which would iirobably have ai>peased the reformers, excited the prcatest resentment in the catholics 1577. Jlenry, in order to divert the force of the league from liimself, and even to elude its oftorts against tlie hugonots, de- clared himself the head of that seditious eonfedeiaey, and took the field as leader of the Uomanists. But his dilatorv and feeble measures betrayed his reluctance to the undertalving ; and alter some unsuccessful at- tempts, he concluded a new peace, which, though less f;vvourable than the former to the piotestants, gave no contentment to the catholics. Mutual diftidence still prevailed between the parties; tlie king's nioderation was suspicious to both ; each faction continued to fortify itself against that breach, which, they foresaw, must speedily ensue : theological controversy daily whetted the animosity of the sects; and every private injury became the ground of a public quarrel. The king, hoping, by his artifice and subtlety, to allure the nation into a love of ple;isure and repose, was himself caught in the snare; and, sinking into a dissolute indolence, wholly lost the esteem, and, in a great measure, the affections of his people. Instead of ad\'ancing such men of character and abilities as were neuters between these dangerous factions, he gave all Ills confidence to young agreeable favourites, who, un- able to prop his falling authority, leaned entirely upon it, and inflamed the general odium against his adminis- tration. The public burdens, increased by his profuse liberality, and felt more heavy on a disordered king- dom, became another ground of complaint ; and the imcontrolled animosity of parties, joined to the multi- plicity of taxes, rendered peace more calamitous than any open state of foreign, or even domestic hostility 1579. The .artifices of the king were too refined to succeed, and too frequent to be concealed ; and the plain, direct, and avowed conduct of the duke of Guise on one side, .and that of the king of Navarre on the other, drew by degrees the generality of the nation to devote themselves without reserve to one or the other of those great leaders. The civil commotions of France were of too general importance to be overlooked by the other princes of Europe; and Elizabeth's foresight and vigilance, thongh somewhat restrained by her frugality, led her to take secretly some part in them. Besides employ- ing on all occasions her good oflices in favour of the hugonots, she had expended no inconsiderable sums in levying that army of Germans wliich the prince of Conde .and prince Casimir conducted into France ; .and notwithstanding her negociations with the court, and her professions of amity, she always considered her own interest as connected with the prosperity of the French i>rotestants, and the depression of the house of Guise. I'hilip, on the other hand, had declared him- self protector of the league ; had entered into the closest correspondence with Guise ; and had employed all his authority in supporting the credit of that fac- tious leader. Tlie sympathy of religion, which of itself begat a connexion of interests, was one considerable inducement; but that monarcli had .also in view, the subduing of his rebellious subjects in the Netherlands; who, as they leeeived great encouragement fi-om the French pro'estants, would, he hoped, finally despair of success, af't, and obliged her, notwithstanding all templations and all provocations, to preserve some terms of amity with that monarch. The Spanish ambassador represented to her, that many of the Flemish exiles, who infested the seas and preyed on his master's subjecfs, were re- ceived into the harbours of England, and were there allowed to dispose of their prizes ; and by these re- monstr.auces the queen found herself under a necessity of denying them all entrance into her dominions. But this measure proved in the issue extremely prejudicial to the interests of ^Philip. Those des]>«rate exiles, finding no longer any possibility of subsistence, were forced to attempt the most perilous enteiprises; and they made an assault on the BriUe, a seaport town in Holland, wliere there met with success, and, after a short resistance, became masters of tlie jdace. The duks of Alva was alarmed at the danger; and, stop- ping those bloody executions which he was niakin" on the defenceless Flemings, he hastened with his army to extinguish the flame, which, falling on materials so well prepared for combustion, seemed to menace a general conflagration. His fears soon appeared to he well-grounded. The jjcople in the neighbourhood of the Brille, enraged by that complication of cruelty, op- pression, insolence, usurpation, and persecution, under which they and all their countrymen laboured, flew to arms ; and in a few days almost the whole province of Holland and that of Zealand had revolted from the Spaniards, and had openly declared against the ty- ranny of Alva. This event happened iu the vcar 157-2. William, prince of Orange, descended from a sove- reign family of great lustre and antiquity in Germanv, inheriting the possessions of .a sovereign family in France, had fixed his residence in the Low Countries; and on account of his noble birth and iniinensc riches, as well as of his personal merit, was universally re- garded as the greatest subject which lived in those provinces. lie had opposed, by all regular and dutiful means, the progress of tlie Spanish usurpations; and when .\lva conducted bis army into the Netherlands, and assumed the govcriiiuent, this prince, well ac- (juaiiited with the violent chaiacter of the man, and the tyrannical spirit of the court of Jladrid, wisely fled from the danger «hich threatened him, and re- tired to his paternal estate and dominions in Germany. He was cited to appear before Alva's tribunal, was condemned in absence, was declared a rebel, and his ample possessions in the Low Countries were confis- cated. In revenge he h.ad levied an army of piotes- tants in the emjiire, and had luailo some attempts to restore the Flemings to liberty ; but was still repulsed with loss by the vigilance and military conduct of Alva, and by the great bravery, as well as discipline of those veteran Spaniards who served under that general. The revolt of Holland and Zealand, provinces which the prince of Orange had formerly, commanded, and where he was much beloved, called him anew from his retreat ; .and he added conduct, no less than spirit, to that obstinate resistance which wa.s here ni.ide to the Sjianish domiuion. By uniting the revolted cities in a league, he laid the foundatiiui of that illustrious commonwealth, the oftV)iiiiig of industry and liberty, whose arms and policy have long made so signal a figure in every transaction of Europe. lie inflamed the inhabitants by every motive which religious zeal,, resentment, or love of freedom could inspire. Though the ]ueseut greatness of the Spanish mouarcliy might deprive them of all cour.age, he still flattered them with the concurrence of the other provinces, and with assistance from neighbouring states ; and lie e.xliorleil Uiem, in defence of their religion, their liberties, their lives, to endure the utmost extremities of w.ar. From this spirit proceeded the desperate defence of Harlem ; a defence wliich nothing but the most consuming faminp I Chap. XL.] ELIZABETH, l-MS— lf.03. 491 could overcome, and wliicli tlio Spaniards revenged liy the execution of more tlian two tliousaud of tl\c inliaiii- tanfs. Tliis extreme severity, instead of strilcing terror into tlie IToUandors. animated tlicm ]iy despair ; and tlie viijorniis resistance made at Alcmaer, wliere Alva was finally repulsed, slu)wpd tlieni tliat tlioir in- solent cTieniies were not invineilde. The duke, findinf; nt last the pernicious effects of his violent counsels, solicited to be recalled : Medinaceli, who was ap- pointed liis successor, refused to accept the govern- ment : Requesens, coinmendator of Castile, was sent from Italy to replace Alva; and this tyrant departed from the Netherlands in 137-1 ; leaving Ins name in execration to the inhabitants, and boasting, in liis turn, tliat, during the course of five years, lie had delivered above oightetn thousand of those rebellions heielies into the hands of the executioner. Uetpu'.sens, though a man of milder dispositions, could not appease the violent hatred which tlie re- volted Hollanders had conceived against the Spanish government; and the war continued as obstinate as over. lu tlio siege of T.eyden, undertaken by tlie Spaniards, the Dutch opeueii the dykes and sluices, in order to drive them from the enterprise ; and the very peasants were active in ruining their fields by an inun- dation, rather than fall again under the hated tyranny of Sjiain. But notwithstanding this repulse, the governor still pursued the war ; and the contest seemed too unequal between so mighlya monarchy and two small provinces, however fortified by nature, and how- ever defended by the desperate resolution of the in- habitants. The prince of Orange, therefore, in 1575, was resolved to sue for foreign succour, and to make applications to one or other of his great neighbours, Itenry or Elizabeth. The court of Franco was not exempt from the same spirit of tyranny and persecu- tion which prevailed among the Spaniards ; and that kingdom, torn by domestic dissensions, seemed not to enjoy at present, either leisure or .ability to pay reg.ard to foreign interests. But England, long connected, both by commerce and alliance, with tlie Netherlands, and now more concerned in the fate of the revolted provinces by sympathy in religion, seemed naturally interested in their defence ; and .as Eliz.abeth had justly enterf.ained great jealousy of Philip, and go- verned her kingdom in perfect tianquillity, hopes were entertained, that her policy, her ambition, or her generosity, would cng.ago her to sujiport them nnder their present calamities. They sent therefore a solemn embassy to London, consisting of St. Ahlo- gonde, Douza, Nivelle, Buys, and Jtelsen ; and after em|iloyiug the most humble stqiplications to the queen, they offered her the possession .and sovereignty of their pi-oviuccs, if she would exert her power in their defence. There were many strong motives which might impel Elizabeth to accept of so liberal an offer. She was ap- prised of ttie injuries which Thilip had done her, by his intrigues with the malcontents in England and Ire- land : she foresaw the danger which she must incur from a total prev.alence of the catholics in the Low Countries : and the maritime situation of those pro- vinces,«as well .as their command over the great rivers, w.as an inviting circumstance to a nation like the Eng- lish, who were beginning to c\iltivate commerce and naval power. But this princess, though maguaniaioug, had never entertained the ambition of making con- quests, or gaining new acquisitions; aiul the whole purpose of her vigilant .and active politics w.as to nialu- tain, by the most frugal and cautions expedients, the tranquillity of her own donnnions. An open war with the S])auish monarchy was the apparent consequencf? ofjier .accepting the dominion of these provinces ; and after taking the iohabitants under her protection, she conld never afterwards abandon them, but, however desperate their defeiice might become, she must em- brace it, even further than her convenience or interest would permit. For these reasons, she refused, in positive terms, the sovereignty preferred her ; hut told the amb.asB.adors, that, in return for the goodwill which the prince of Orange and the States had shown her, she would endeavour to mediate .an agreement for them, on the most reasonable terms that conld lie obtained. She sent accoidingly sir Henry Cobham to Philip; and riq>resent('d to him the danger which he would incur of losing entirely the Low Countries, if France could ob- tain the least interval from her intestine disorders, and find leisure to ofl'er her protection to those mutinous and discontented provinces. Philip seemed to take this remonstrance in good p.art ; but no accord ensued, and war in tJie Netherlanrls continued with the same rage and violence as befoie. It was an .accident that delivered the Hollanders from their present desperate situation. Ilequesens, the governor, dying suddenly, tlie Spanish troops, dis- contented for want of pay, and liccjitious for w.ant of a proper authority to command them, broke into a furi- ous mutiny, and threw everything into confusion. They sacked and pillaged the cities of Maestricht and Antwerj), and executed great slaughter on the inhabi- tants : they threatened the other cities with a like fate : and all the provinces, excepting Luxembourg, nuited for mutual defence against their violence, and called in the prince of Orange, and the Hoil.anders, as their protectors. A treaty, commonly called the Pacifica- tion of Ghent, was formed by common agreement ; and the removal of foreign troops, with the restoration of their .ancient libei-lies, was the object which the pro- vinces mutually stipulated to jmrsne. Bon .lohn of Austria, natural brother to Philip, being appointed governor, found, on his arrival at Luxembourg, that the States had so fortified themselves, and that the Spanish troops were so divided by their situation, that there was no possibility of resistance ; and he agreed to the terms required of him. The Spaniards evacu- ated the country; and these provinces seemed at last to breathe a little from their cahimities. But it w.as not e.asy to settle an entire peace, while the thii'st of revenge and dominion governed the king of Spain, and while the Flemings were so strongly agi- tated with resentment of ]>ast, and fe.ar of future inju- ries. Tlie .ambition of Don John, who coveted this great theatre for his military talents, engaged him rather to inflame than appease the quarrel; and as ho found the States determined to impose very strict limi- tations on his authority, he broke all articles, seized Nanmr, and procured the recal of tlu^ Spanish army from Italy. This prince, endowed with a lofty genius, and elated by the prosperous successes of his 3'outh, had opened his mind to vast undertakings; and look- ing much beyond the conquest of the revolted pro- vinces, had jirojected to espo\iso the queen of Scots, and to acquire in her right the dominion of the British kingdoms. Eliz.abeth was aware of his intentions; and seeing now, from the union of all the provinces, a fair prospect of their m.akiug a long and vigorous defence against Spain, she no longer scrupled to em- brace the jn'otection of their liberties, which seemed so intimately connected with her own safety. After .sending them .a sum of money, about twenty thousand pounds, for the immediate pay of their troojis, she con- cluded a treaty with them, in which she stipulated to assist them with five thousand foot, ami a thousand liorse, at the charge of the Flemings ; and to lend them .a hundred thousand pounds, on receiving the bonds of sonu! of the most considerable towns of the Nether- lauds, for her rep.ayment within the year. It was fur- ther agreed, lluit the coninumder of the iMiglish army should be admitted into the council of (he Slates ; and nothing be determined concerning w.ar or peace, with- out previously informing the queen or him of it : that they should enter into no league without her consent; that if any discord arose among themselves, it shoidd be referred to her .arbitration ; and tliat if any princo, on any pretext, should attempt hostilities against her, they sliould send to her assistance an army equal to 492 THE HISTORY OF ENGLAND. [Ciup. XL. that wliicli she lind employed iu llieir clcfrncc. Tins alliance was sipncd on tlie 7tl> of January, lf>7K. One considerahle indiu'cniciit to tlic qucon for enter- ing into treaty with tlic States was, to prevent their throwing themselves into the arms of France ; and she was desirons to make the king of Spain believe that it was her sole motive. She represented to him, by her ambassador, 'J'homas "Wilkes, that liitheito she had religiously .icted the part of a good neighbour and ally ; had refused the sovereignty of Holland and Zealand when otl'ered her ; had advised the prince of Orange to submit to the king; and had even accompanied her counsel with menaces, in ease of his refus.al. She per- severed, she said, in the same friendly intentions ; and as a proof of it, would vejituie to interpose with her advice for the composure of the present differences. Let Don John, whom she could not but regard as her mortal enemy, be recalled; let some other prince more popular be substituted in his room ; let the Spanish armies be withdrawn ; lei the Flemings be restored to their ancient liberties and privileges ; and if, after these concessions, they were still obstinate not to return to their duty, she promised to join her arms with those of the king of Spain, and force them to com- pliance. Philip dissembled his resentment against the queen ; and still continued to supply Don John with money and troops. Tliat jirince — though once repulsed at Kimenantby the valour of the English under i\ orris, and though opposed, as well by the army of the States as by prince Casiniir, who had conducted to the Low Coinitries a great body of Germans, paid by the queen — gained a great advantage over the Flemings at Gem- blours; but was cut of^'in the midst of his prosperity by poison, given him secretly, as was suspected, by or- ders from Philip, who dreaded his ambilion. The prince of Parma succeeded to the command: who, unit- ing valour and clemency, negociation and niilit.ary exploits, made great progress against the revolted Flemings, and advanced the progress of the Spaniards by his arts, as well as by bis arms. During these years, while Kurope was almost every- where in great commotion, Kugland enjoyed a pro- found tranquillity ; owing chietly to the prudence and ■\agourofthe queen's administration, and to the wise precautions wliich she employed in all her measures. By supporting the zealous protostants in Scotland, she had twice given them the superiority over their anta- gonists, had closely connected their interests with her own, and had procured herself entire security from that quarter whence the most dangerous invasions could be made upon her. She saw in France, her enemies. Hie Guises, though extremely powerful, yet counter- balanced by the hugonots, her zealous partisans ; and even hated by the king, who was jealous of their I'ost- less and exorbitant ambition. The bigotry of Pliilip gave her just ground of anxiety; but the same bigotry had happily e.\cited the most obstinate ojipesition among his own subjects, and had created him enemies, whom his arms and policy were not likely soon to sub- due. The queen of Scots, her antagonist and rival, and the pretender to her throne, was a prisoner iu her hands; and by her impatience and high spirit had been engaged in practices, which afl'oided the queen a pre- tence for (enderingher confinement more rigorous, and for cutting oft' her eonminnication w ith her partisans in England. Heligion was the capital point, on which depended all the political tran.sactiona of that age; and the queen's conduct iu this particular, making allowance for the prevailing prejudices of the times, could scarcely be .accused of severity or imprudence. She established no inquisition into men's bosoms : she imposed no oath of supremacy, except on those who received trust or emolument from the public ; .and though the exercise of every religion but the esl.iblished w.as prohibited by statute, the violation of this law, by s.aying mass, and receiving the sacrament in private houses, Mas, in m.-my instances, connived at ; while, on the other lia'iul, the catholics, in the beginning of her reign, showed little reluctance against going to church, or frequenting the ordinary duties of public woiship. The pope, sen- sible that this ])ractice would by degrees re<'oncile all his partisans to the reformed religion, hastened the publication of the bull which excommunicated tho queen, and freed her subjects from their oaths of alle- giance : and great jiains were t.aken by the emis.saries of lionie, to render the breach between the two religions as wide as possible, and to make the frequenting of protestiint churches appear highly criminal in tho catholics. These practices, with the rebellion which ensued, increased the vigilance and severity of the goveinmeut; but the Komanists, if their condition were comiiarcd with tliat of the non-conformists in other countries, and w ith their own maxims where they domineered, could not justly comiilain of violence or persecution. The queen .appeared rather more anxious to keep a strict hand over the puritans ; who, though their pre- tensions were not so immediately dangerous to her authority, seemed to be actuated by a more unreason- .ahle obstinacy, and to retain claims, of which, both in civil and ecclesiastical matters, it was, as yet, difficult to discern the full scope and intention. Some secret attempts of that sect to establish a f-eparate congrega- tion and discijiline had been carefully repressed in tlie beginning of this reign; and when any of the estab- lished clergy discovered a tendency to their principles, by omitting the legal habits or ceremonies, the queen had shown a determined resolution to punish them by fines and deprivation ; tliough her orders to that pur- pose had been frequently eluded, by the secret protec- tion which these sectaries received from some of her most considerable courtiers. But what chieily tended to gain Elizabeth the heaits of her subjects, was, her frugality, w hich, though carried sometimes to an extreme, led her not to amass trea- sures, but only to prevent impositions upon her people, who were at that time very little accustomed to bear the burdens of government. By means of her rigid economy, she paid all tiie debts which she found on ihe crown, with their full interest ; though some of these debts had been contracted even during the reign of her father. Some loans, wliieh she had exacted at the commencement of her reign, were repaid by her ; a practice in that age somewhat unusual : and she established her credit on such a footing, that no sove- reign in Europe could more readily command any sum, which the public exigencies miglit at any time require. During tljis peaceable and uniform government, Eng- land furnishes few materials for history; and except the small part wliich Elizabeth took in foreign trans- actions, there scarcely p.assed any occurrence which requires a particular detail. A PARLIAMENT. The most memorable event in this period was a ses- sion of parli.ament, held on the 8th of -February, 1570; where debates were started, which may appear some- what curious and singular. Peter Wentworth, a puri- tan, who had signalized himself in former parliaments by hisfree and undaunted spirit, opened this session with a premeditated harangue, which drew on him the in- dignation of the house, and gave great oft'ence to the queen and tlie ministers. As it seems to contain a rude sketch of those princiides of liberty w hich happily gained afterwards the asceiulant in England, it may not be itnproiier to give, in a few words, the substance of it. He jiremised, that the very name of liberty is sweet ; but the thing itself is piecious beyond the most in- estimable treasure : and that it beliovc-d them to be careful, lest, contenting themselves with the sweetness of the name, they forego the substance, and abandon what of all earthly possessious was of the highest v.ahie to Ihe kingdom. lie then proceeded to observe, that freedom of speech in that house, a privilege so CuAP. XLI.] ELIZABETH, 1558- 1C03, 493 useful both to sovereign and sulijoet, had been formerly infringed in many essential articles, and was at present exposed to the most imminent danger : that it was usual, when any subject of importance was handled, especially if it regarded religion, to surmise, that these topics were disagreeable to the queen, and that the further proceeding in them would draw down her in- disnation upon their temerity : that Solomon had justly affirmed the king's di^jileasurc to be a messenger Tif death; and it was no wonder if men, even though urged by motives of conscience and duty, should be in- clined to stop short, w hen they found themselves ex- posed to so severe a penalty : that, by the cm|)loying of this argument, the house was incapacitated from serving their country, and even from serving the queen herself; whose ears, besieged by ]>ernicious tlatterers, were thereby rendered inaccessible to the most salu- tary truths : that it was a mockery to call an assembly a parliament, yet deny it that privilege which was so essential to its being, and without which it must dege- nerate into an abject school of servility and dissimula- tion : that, as the parliament was the great guardian of the laws, they ought to have liberty to discharge their trust, and to maintain that authority whence even kings themselves derive their being: that a king iviis constituted such by law, and though he was not dependent on !uan, yet was he subordinate to God and the law, and was obliged to make their prescriptions, not his own will, the rule of his conduct : that even his commission, as God's vicegerent, enforced, instead of loosening this obligation ; since he was thereby invested wiih authority to execute on earth the will of (Jod, which is nothing but law and justice : that though tliese surmises of displeasing the queen by their pro- ceedings had impeached, in a very essential point, all freedom of speech, a privilege granted them by a spe- cial law ; yet was there a more express and more dan- gerous invasion made on their liberties, by frequent messages from the throne : that it had become a |>rac- tice, when the house was entering on any question, either ecclesiastical or civil, to bring an order from the queen, inhibiting them absolutely from treating of such matters, and debarring them from all further discus- sion of these momentous articles: that the prelates, emboldened by her royal protection, had assumed a decisive power in all questions of religion, and required that every one should implicitly submit his faith to their arbitrary determinations: that the love which he bore his sovereign forbade him to be silent under such abuses, or to sacrifice, on this important occasion, his duty to servile flattery and complaisance: and that as no earthly creature was exempt from fault, so neither was the queen herself; but, in imposing this sorvit\ide on her faithful commons, had committed a great and even dangerous, fault against herself and the whole commonwealth. It is easy to observe, from this speech, that, in this dawn of liberty, the parliamentary style was still crude and unformed ; and that the proper decorum of attack- ing ministers and counsellors, without interesting the honour of the crown, or mentioning tlie peisun ot the Boveieign, was not yet entirely established. The com- mons expressed great displeasure at this unusual licence, they sequestered Wentwortli from the house, and com- mitted him prisoner to the serjeant-at-arms. They even ordered him to be examined by a committee, con- sisting of all those members who were also members of the privy-council ; and a report to be next day made to the house. This committee met in the star-cham- ber, and wearing the aspect of that arbitrary court, summoned Wentwortli to appear before them and answer for his behaviour. But though the commons had discovered so little delicacy or precaution, in thus confounding their own authority with that of the star- chamber, AVentworth better understood the princi- ples of liberty, and refused to give these counsellors nny account of his conduct in parliament, till he wuie satisfied that they acted, not as members of the privy-council, but »> a committee of the house. Ho justified his liberty of speech, by pleading the rigour aud hardship of the queen's messages: and notwithstand- ing tiiat the committee showed him, by instances in other reigns, that the practice of sending such mes- sages was not unprecedented, he w ould not agree to express any sorrow or lepentance. The issue of the aftair was, that, after a month's confinement, the queen sent to the commons, informing them, that, from her special grace and favour, she had restored him to his liberty, and to his place in the house. By this seeming lenity, she iiulirectly retained the power which she had assumed, of imprisoning the members, and obliging tlmm to answer before her for their conduct in parlia- ment. And sir Walter Mildmay endeavoured to make the house sensible of her majesty's goodness, in gently remitting the indignation which she might justly con- ceive at the temerity of their member; but he informed them, that they had not the lilierty of speaking what and of whom they pleased : and that indiscreet free- doms used in that house had, both in the present aud foregoing ages, met with a proper chastisement. lie warned them, therefore, not to abuse further the queen's clemency; lest she be constrained, contrary to her inclination, to turn an unsuccessful lenity into a necessary severity. The behaviour of the two houses was, in every other respect, equally tame and submissive. Instead of a bill, which was at first introduced, for the reformation of the church, they were contented to present a peti- tion to her majesty for that purpose : and when she told them that she would give orders to her bishops to amend all abuses, and if they were negligent, she would herself, by her supreme power and authority over the church, give such redress as would entirely satisfy the nation, the parliament willingly acquiesced ir. this sovereign aud peremptory decision. Though the commons showed so little spirit in op- posing the authority of the crown, they maintained, this session, their dignity against an encroachment of the peers, aud would not agree to a conference which, they thought, was demanded of them in an irregular manner. They acknowledged, however, with all 1mm- bleness, (such is their expression,) the superiority of the lords : they only refused to give that house any reason for their proceedings ; and asserted, that where they altered a bill sent them by the peers, it belonged to them to desire a conference, not to the upper house to require it. The commons granted an aid of one subsidy and two fifteenths. Slildmay, in order to satisfy the house con- cerning the reasonableness of this grant, entered into a detail of the queen's past expenses in supporting the government, and of the increasing charges of the crown,- from the daily increase in the price of all commoditieB. He did not, however, forget to admonish them, that they were to regard this detail as the pure effect of the queen's condescension, since she was not bound to give them any account how she employed her treasure. CHAPTER XLI. Affiire of Scotland Spanish Affairs Sir Francis Drake A Parliamenl N'cgociations of Marriage w-illl the Dulie of Anjou Affairs of Sect- land Lctrer from Queen Mary to KliMlwth Conspiracies in Kngland \ Parliament The Ecclesiastical Commission Affairs of the low Countries Hostilities with Sp.tin. ''I ""HE greatest and most absolute security that 15ljn. ^ Klizabeth enjoyed during her whole reign, never exempted her from vigilance and attention ; but the scene began now to be more overcast, and dangers gradually multiplied on her from more than ouo quarter. 404 THE HISTORY OF ENGLAND. [Chap. XLI, AFFAinS OF SCOTLAND. The carl of Jlorton bad liitlievto retained Scotland in strict alliance with the queen, and had also restored domestic trantiiiillity to that kingdom : hut it was not to be e.\j)ected tliat the Cactitiousand legal aiitliority of a regent would long maintain itself in a country unac- quainted with law and order ; wliere even the natural dominion of licreditary princes so often met with oppo- sition and control. The nobility began anew to break into factions : tlio people wore disgusted with some in- stances of Morton's avarice : and the clergy, wlio complained of further encroachments on their narrow revenue, joined and increased the discontent of the other orders. The regent was sensible of bis dangerous situation ; and having dropped some peevish expres- sions, as if lie were willing or desirous to resign, the noblemen of the opposite party, favourites of the young liing, laid hold of this concession, and required tliat demission which he seemed so frankly to offer them. James was at this time but eleven years of age ; yet Morton, having secured liimself, as he imagined, by a general pardon, resigned his authority into the hands of the king, who pretended to conduct, in his own name, the administration of the kingdom. The regent retired from the government ; and seemed to employ himself eutirely in the care of his domestic affairs ; but, cither tired with this tranquillity, which appeared in- sipid after the .agitations of ambition, or thinking it time to throw off dissinndation, be came again to court ; acquired an ascendant in the council ; and thougli he resumed not thetitleof regent, governed with the same authority as before. The opposite party, after holding separate conventions, took to arms, on pretence of de- livering their prince from captivity, and restoring him to the free exercise of bis government : queen Eliza- beth interposed by her ambassador, sir Robert Bowes, and mediated an agreement between the factions : Morton kept possessioti of the government ; but his enemies were numerous and vigilant ; aiul his authority seemed to become every day more precarious. The count d'Aubigney, of the house of liOnox, cou- sin-german to the king's father, had been born and educated in Franco ; and being a young man of good address and a sweet disposition, he appeared to the duke of Gaise a proper instrument for detaching James from the English interest, and connecting him with his mother and her relations. He no sooner appeared at Stirling, wliere James resided, than he acquired the ai- fections of the young monarch ; and joining his interest with those of James Stuart, of the house of Ochiltree,a man of profligate manners, who bad acquired the king's favour, he employed himself, under the appearance of play and amusement, in instilling into the tender mind of the prince new sentiments of politics and govern- ment. He represented to him the injustice which bad been done to Mary in her deposition, and ma.le him entertain thoughts either of resigning the crown into her hands, or of associating herwitb liiin in the admin- istration. Elizabeth, alarmed at the danger which might ensue from the prevalence of this interest in Scotland, sent anew sir Robert Bowes to Stirling; and, accusing d'Aubigney, now created earl of Lenox, of an attachment to the French, warned James against entertaining such suspicious and dangerous connexions. The king excused himself, by sir Alexander Hume, his ambassador ; and Lenox, finding that the queen had openly declared against him, was further confirmed in his intentions of overturning the Enghsh interest, and particularly ruining Morton, who wa-S regarded as the bead of it. Tluit nobleman was arrested in council, accused as an accomplice in the late king's mni-dcr, committed to prison, brought to trial, and condemned to suffirr as a traitor. He confessed that Bothwell had communicated to him the design, had pleaded Mary's consent, und had desired his concur- Tfince ; but he denied that ho himself had ever e.x- pressed any approbation of the crime ; and, in excuse for his concealing it, he alleged the danger of revealing the secret, either to Henry, who had no resolution nor constancy, or to Mary, wlio aiipeared to be an accom- plice in the murder. Sir Thonuis Randolph was sent by the queen to intercede in favour of Morton ; and that ambassador, not content with discharging this duty of his function, engaged, by his persuasion, the earls of Argyle, Montrose, Angus, Marre, and Gleu- carne, to enter into a confederacy for jn'otecting, even hy force of arms, the life of tlie prisoner. The more to overawe tiuit nobleman's enemies, Elizabeth ordered forces to be assembled on the borders of England : but this expedient fer>'ed only to hasten his sentence and execution. Slorton died with that constancy and re- solution which had attended him through all the various events of his life ; and left a rejiutation, whiih was less disputed with regard to abilities than probity and virtue. But this conclusion of the scene happened not till the subsequent year. SPANISH AFFAIRS. Elizabeth was, during this period, extremely anxious on account of every revolution in Scotland ; botli be- cause that country alone, not being separated from England by sea, and bordering on all the catholic and malcontent comities, afforded her enemies a safe and easy method of attacking her; and because she was .sensible, that Mary, thinking herself abandoned by the French monarch, liad been eng.aged by the Guises to have recourse to the jiowerful protection of Pliilip, who, though he had not yet come to an open rupture with the queen, was every day, both by the injuries which he committed and suffered, more exasperated against her. That he might retaliate the assistance which s!ie gave to his rebels in the Low Countries, he had sent, under the name of the pope, a body of seven hundred Spaniards and Italians into Irehind; where the inhabitants, always turbulent, and discontented with the English government, were now more alienated by relig'ous prejudices, and were ready to join every invader. The Spanish general, San Josopho, built a fort in Kerry ; and being there besieged by the enrl of Orniond, president of Munster, who was soon after joined by lord Gray, the deputy, he made a weak and cowardly defence. After some assaults, feebly sus- tained, lie surrendered at discretion ; and Gray, who conimanded but a small force, finding himself encum- bered with so many prisoners, put all tlie Spaniards and Italians to the sword without mercy, and hanged about fifteen hundred of the Irish: a cruelty which gave great displeasure to Elizabeth. SIR FRANCIS DRAKE. When the English ambassador made complaints oi this invasion, he was answered by like complaints of the piracies committed by Francis Drake, a bold sea- man, who had assaulted the Spaniards in the place where they deemed themselves most secure, in the new world. This man, sprung from mean paienis in the county of Devon, having acquired considerable riches by depredations made iu the istlimus of Panama, and having there gotten a sight of the Pacific Ocean, was so stimulated by ambition and avarice, that he scrupled not to employ his whole fortune in a new adventure through those seas, so mucli unknown at that time to all the Eui'opean nations. By means of sir Cliristojdier Hatton, then vice-clianiberlain,a great favourite of the queen's, he obtained her consent and .approbation ; and he set sail from Plymouth iu 1577, with four ships and a pinnace, on board of which were one hun- dred and sixty-four able sailors. He passed into tlie South Sea by the Straits of Magellan, and attacking the Spaniards, who expected no enemy in those quar- ters, be took many rich prizes, and prepared to return with the booty which he had acquired. Apprehensive of being intercepted by the enemy, if be took the sani'3 way homewards, by wliich he had reached tlie Pacific Chap. XL!.] ELIZ.U;i.iil, 1558—1603. 495 Ocean, lie attempted to fiud a passage by the north of Calil'oniia; and fuilinf; in that enterprise, he set sail for tlie East Indies, and returned safely this year by the Cape of Good Hope. He was the iirst Englisli- man who sailed round the globe ; and the first com- niander-in-chief : for JIagellan, whose ship executed the same adventure, died in liis passage. His name became celebrated on account of so bold and fortu- nate an attempt ; but many, apprehending the resent- ment of the Spaniards, endeavoured to persuade the queen, that it would be more prudent to disavow the enterprise, to punish Drake, and to restore the treasure. But Elizabeth, w ho admired valour, and was allured by the prospect of sharing in tlie booty, determined to countenance that gallant sailor; she conferred on him the honour of knighthood, and accepted of a banquet from him at Deptford, on board the ship which had achieved so memorable a voyage. \V'lien Philip's ambassador, Jlendoza, exclaimed against Drake's pira- cies, she told him, that the Spaniards, by arrogating a right to the whole new world, and excluding thence all other European nations who should sail thither, even with a view of exercising the most lawful com- merce, naturally tempted others to make a violent irruption into those countries. To pacify, however, the catholic monarch, she caused part of the booty to be restored to Pedro Sebura, a Spaniard, who pre- tended to be agent for the merchants whom Drake had spoiled. Having learned afterwards, that Philip had seized the money, and had employed pat t of it .against herself in Irelaud, part of it in the pay of the prince of Parma's troops, she determined to make no more restitutions. A PARLIAMENT. January IC, 1581. There was another cause, which induced the queen to take this resolution : she was in such want of money, that she was obliged to assemble a parliament, a measure, which, as she herself openly declared, she never embraced, except when constrained by the ne- cessity of her affairs. The parliament, besides grant- ing her a supply of one subsidy and two fifteenths, enacted some statutes for the security of her govern- ment, chiefly against the attempts of the catholies. Whoever, in any way, reconciled any one to the church of Rome, or was himself reconciled, was de- clared to be guilty of treason ; to say mass was sub- jected to the penalty of a year's imprisonment, and a fine of two hundred marks ; the being present was puuishahlo by a year's imprisonment, and a fine of one hundred marks : a fine of twenty pounds a month was imposed on every one who continued, during that time, absent from church. To utter slanderous or seditious words against the queen, w.is punishable, fur the first offence, with the pillory and loss of ears ; the second offence was declared felony : the writing or printing of such words was felony even on the first offence. The puritans prevailed so far .as to have further applications made for reformation in religion : and Paul Wentworth, brother to the member of that name who h.ad distinguished himself in the preceding session, moved. That the commons, from their own authority, should appoint a general fast and prayers : a motion to which the house unwarily .assented. I'or this presumption, they were severely rejjrimanded by a message from the queen, as encroaching on the royal prerogative and supremacy ) and they were obliged to submit, and .ask forgiveness. The qu(^en and parliament were engaged to p.oss these severe laws against the catholics, by some late discoveries of the treasoiuible practices of their ])riesls. "When the ancient worship was suppressed, and the Re- formation introduced into the universities, the king of Spain reflected, that, as some species of literature w.as necessary for supporting these doctrines and controversies, the Itoniish conmiunion must decay La England, if no means were found to give eru- dition to the ecclesiastics : and for this reason, he founded a seminary at Dou.ny, where the catholics sent their children, chiefly such as were intended for the priesthood, in order to receive the rudiments of their education. The cardinal of Lorraine imitated this ex- ample, by erecting a like seminary in his diocese of liheinis; and though Rome was somewhat distant, the pope would not neglect to adorn, by a foundation of the same nature, that capital of orthodoxy. These seminaries, founded with so hostile an intention, sent over every year a colony of priests, who maintained the catholic superstition in its full height of bigotry ; and being educated wiih ,a view to the crown of mar- tyrdom, were not deterred, either by danger or fatigue, from maintaining and prop.agating their principles. They infused into all their votaries an extreme hatred against the queen, whom tlicy treated as an usurper, a schismatic, a heretic, a persecutor of the orthodox, .and one solemnly and publicly anathematized by the holy father. Sedition, rebellion, sometimes assassi- nation, were the expedients by which they intended to effect their purposes .against her ; and the se- vere restraint, not to s.ay persecution, under which the catholics laboured, made them the more wil- lingly receive, from their ghostly fathers, such >-iolent doctrines. These semin.aries were all of them under the di- rection of the Jesuits, a new order of regular priests erected in Europe, when the court of Home perceived, that the lazy monks and beggarly friars, who sufficed in times of ignorance, were no longer able to defend the ramparts of the church, assailed on every side, and that the inquisitive spirit of the age required a society more active and more learned, to oppose its dangerous progress. These men, as they stood foremost in the contest against the protestants, drew on them the ex- treme animosity of that whole sect, and by assuming a superiority over the other more numerous and more ancient orders of their own communion, were even ex- posed to the envy of their brethren : so that it is no wonder, if the blame, to which their principles and conduct might be exposed, has, in many instances, been much exaggerated. This reproach, however, they must bear from posterity, tliat, by the very nature of their institution, they were engaged to pervert learn- ing, the only eftectu.al remedy against superstition, into a nourishment of that infirmity ; and, as their erudition was chiefly of the ecclesiastical and scho lastic kind, (though a few members have culiivated polite literature,) they were only the more enabled, by that acquisition, to refine away the plainest dictates of morality, and to erect a regular system of casuistry, by which prevarication, perjury, and every crime, when it served their ghostly purpose, might be justi- fied and defended. Thejesuits, as devoted servants to the court of Rome, exalted the prerogative of the sovereign pontiff above all earthly power ; and, by maintaining his authority of deposing kings, set no bounds either to his spiritual or temporal jurisdiction. This doctrine became so pre- valent among the zealous catholics in England, that the excommunication fulminated ag.ainst Elizabetli ex- cited many scruples of a singular kind, to which it be- hoved the holy father to provide a remedy. The bull of Pius, in absolving the subjects from their oaths of allegiance, commanded them to resist the queen's usurpation ; and many Romanists were apprehensive, that, by this clause, they were obliged in conscience, even though no favourable opportunity offered, to re- bel against her, and that no d.angers or difficulties could free them from this indispens,able duty. Rut Parsons and ('anii>icin, two Jesuits, were sent over with a mitigation and explanation of the doctrine; and they taught their disciples, that though the bull was for ever binding on Elizabeth and her partis.ans , it did not oblige the catholics to obedience, except w hen the sovereign pontiff should think proper, by a new summons, to require it. Campion was afterwarda de- ■l:)(5 TIIK HISTORY OF ENGLAND fCHAr. XLl lected in trcnsoimMo pincllccs ; and being put to the rack, and contVs.-i..{; liis Kuilt, he was pnhholy exe- cuted. His exeeutii.n was ordered at the very time when the duke of Anjou was in lingland, and prose- cuted with tlie greatest appearance of success, Ins marriage with the qnoen ; and this severity was pro- bablv intended to ai)pease her protcstant subjects, and to sitist'v them, tliat whatever measures slie might pursue, ihe never would depart from the princiides of the Keforniation. NEGOCIATIONS OF MARRIAGE WITH THE DUKE OF ANJOU. The duUe of Alemjon, now created duke of Anjou, had never entirely dropped his pretensions to Eliza- beth ; and that p'rincess, thongli her suitor was near twenty-five years younger than Iierself, and had no knowledge of her per-son, but by pictures or descrip- tions, was still pleased with the image, which his ad- dresses aftoided her, of love and tenderness. The duke, in order to forward liis suit, besides employing his brother's ambassador, sent over Simier, an agent of his own ; an artful man, of an agreeable con- versation, who, soon remarking the qncen's humour, amused her with gay discourse, and instead of serious political reasonings, which, he found, only awakened lier ambition, and hurt his master's interests, he intro- duced every moment all the topics of passion and of gallantry. The pleasure which she found in this man's company soon produced a familiarity between them ; and amidst the greatest hurry of business, her most confidential ministers had not such ready access to her as had Simier, who, on pretence of ncgociation, entertained her witli accounts of the tender attach- ment borne her by the duke of Anjou. The earl of Leicester, who had never before been alarmed with any courtship paid her, and who always trusted, that her love of dominion would prevail over her incli- nation to marriage, began to apprehend that she was at last caught in her own snare, and that the artful encouragement which she had given to this yonng suitor had unawares engaged her affections. To render Simier odious, he availed himself of the credulity of the times, and spread reports, that that minister had gained an ascendant over the queen, not by any na- tural principles of her constitution, but by incanta- tions and love potions. Simier, in revenge, endea- voured to discredit Leicester with the queen : and he revealed to licr a secret, which none of her courtiers dared to disclose, that this nobleman w.as secretly, without her consent, married to the widow of the carl of Essex ; au action which the queen interpreted either to proceed from want of respect to her, or as a violation of tlieir mutual attachment; and which so provoked her, that she threatened to send him to the Tower. The quarrel went so far between Leicester and the French agent, that the former was su.spected of having employed one Tiidor, a bravo, to take away the life of his enemy ; and the queen thought it neces- sary, by proclamation, to take Simier under her im- mediate protection. It ha))pened, that while Elizabeth was rowed in her barge on the Thames, attended by Simier, and some of her courtiers, a shot was fired which wounded one of the bargemen : but the queen fiiiding, upon inquiry, that the piece had been dis- charged by accident, gave the jierson his liberty, with- out further jninishment. So tar was she from enter- taining any suspicion against her people, that she was often heard to say, "That she would lend credit to notliing .against them, which parents would not believe of their own children." The duke of Anjou, encouraged by the accounts sent, him of the queen's prepossessions in his favour, paid her secretly a visit at Greenwich ; .and after some conference with her, llie purport of which is not known, he departed. It appeared that, though his figure was not advantageous, he had lost no ground by being personally known to her; and soon after, slie commanded Burleigh, now treasurer, Sussex, Leicester, ISedford, Lincoln, llalton, and .'-eeretaiy Walsingham, to concert with the French ambassadors the terms of the intended contract of marriage. Henry had sent over on this occasion a splendid embassy, consisting of Francis de licnnbon, prince dauphin, and many consi- derable noblemen ; and as the (jnecn had in a manner the power of jirescribing what terms she jileased, the articles were soon settled with the English commis- sioners. It was agreed that the marriage should be celebrated within si.x weeks after the ratification of tlie articles; that the duke and bis retinue should have the exercise of their religion ; that after the mar- riage he should bear the title of king, but the admi- nistration remain solely in the queen ; that their chil- dren, male or female, should succeed to the crown of England; that if there be two males, the elder, ill case of Henry's death without issue, should be king of France, tlie younger of ICngland ; that if there be but one male, and he succeed to the crown of France, he should be obliged to reside in England eight months every two years; that the laws and customs of Eng- landshould" be preserved inviolate; and that no fo- reigner should be promoted by the duke to any oftico in England. These articles, providing for the security of Eng- land, in case of its annexation to the crown of France, opened but a dismal prospect to the English; had not the .age of Elizabeth, who was now in her forty-ninth year, contributed veiy much to allay their apprehen- sions of this nature. The queen also, as .a proof of her still remaining uncertainty, added a clause, that she was not bound to complete the marriage till further articles, which wore not specified, should be agreed on between the iiartics, and till the king of France be certified of this agreement. Soon after, the queen sent over Walsingham, as ambassador to P'lance, in order to form closer connexions with Homy, and enter into a league offensive and defen- sive against the increasing power and dangerous usurpations of Spain. The French king, who had been extremely disturbed with the unquiet .spirit, the restless ambition, the enterprising yet timid and in- constant disposition of Anjou, had already sought to free the kingdom from liis intrigues, by opening a scene for his activity in Flanders; and having allowed him to embr.ace the protection of the States, had se- cretly su]>plied him with men .and money for the undertaking. The prospect of settling him in Eng- land, was for a like reason very agreeable to tlia,t monarch ; and he w as desirous to cultivate, by every expedient, the favourable sentiments which Elizabeth seemed to entertain towards him. But this princess, though she had gone fuither in her amorous dalliance than could be justified or accounted for by any prin- ciples of policy, was not yet determined to carry matters to a final conclusion ; and she confined Wal- singham in his instructions to negociatiiig conditions of a miitu.al alliance between Francg and England. Henry with reluctance submitted to hold conferences on the subject : but no sooner had Walsingham begun to settle the terms of .alliance, than he was infornied that the queen, foreseeing hostility with Spain to be the result of this confederacy, had declared that she would ]uefer the marriage with the war, before the war without the marriage. The French couit, pleased with tliis change of resolution, broke off the confer- ences concerning the league, and opened a ncgociation for the marriage. But matters bad not long jiro- ceeded in this train before the queen again declared for the league in preference to the marriage, and or- dered Walsiiigham to renew the conferences for that purpose. Before he had leisure to bring this point to maturity, he was interrupted by a new change of re- solution : and not only the court of France, but Wal- singham himself, liurleigli, and all the wisest ini- nistors of Elizabeth, were in ain;i2cmcut, doubtful I Chap. XLL] ELIZABETH, 15/58—1603. 497 where this contest between iuclination and reason, love and ambition, would at last terminate. [See nole 4 A, at the end of Mis f'ol.] In the course of this afTalr, Elizabeth felt another variety of intentions, from a new contest between reason and her ruling passions. The duke of Anjou expected from her some money, by which he might be enabled to open the ("impaign in Flanders ; and the queen herself, though her frugality made her long re- luctant, was sensible that this supply was necessary ; and she was at last induced, after much hesitation, to comply with his request. She sent him a present of a huiidied tliousand crowns ; by which, joined to his own demesnes, and the assistance of his brother and the queen-dowager, he levied an army, and took the field against the prince of Parma. He was successful in raising tlie siege of Cambray ; and being chosen by the States governor of the Netherlands, ho put his army into wiuter-quarters, and came over to England in order to prosecute his suit to the queen. The re- ception which he met with made him e.xpect entire success, and gave him hopes that Elizabetli had sur- mounted all scruples, and was finally determined to make choice of him for her husband. In the midst of the pomp which attended the anniversary of her coro- nation, (I7th November,) she was seen, after long and intimate discourse with him,to take a ringfromher own finger, and to put it upon his ; and all the spectators concluded, that in this ceremony she had given him a jiromiso of marriage, and was even desirous of signi- fying her intentions to all the world. St. Aldegonde, ambassador from the States, dispatched immediately a letter to his masters, informing them of this great event; and the inhabitants of Antwerp, who as well as other Flemings regarded the queen as a kind of tutelar divinity, testified their joy by bonfires and the discharge of their great ordnance. A puritan of Lin- coln's Inn had written a passionate book, which he intitled, "The Gulph in which England will be swal- lowed by the French marriage." Ho was apprehended and prosecuted by order of the queen, and was con- demned to lose his right hand as a libeller. Such was the constancy and loyalty of the man, that imme- diately after the sentence was executed, ho took off his hat with his other hand, and waving it over liis head, cried, " God save tlie queen !" Dut notwithstanding this attachment which Eliza- beth so openly discovered to the duke of Anjon, the conibat of her sentiments was not entirely over ; and her ambition, as well as prudence, rousing itself by intervals, still filled her breast with doubt and hesita- tion. Almost all the courtiers whom she trusted and favoured, Leicester, Hatton, and Walsingham, discov- ered an extreme aversion to the marriage ; and the ladies of her bedchamber made no scruple of opposing her resolution with the most zealous remonstrances. Among other enemies to the match, sir Philip, son of sir llenry Sidney, deputy of Ireland, and nephew of Leicester, a young man the most .accomplished of the age, declared himself: and he used the freedom to write her a letter, in which he dissuaded her froTu her present resolution, with an unusual elegance of expres- sion, as well as force of reasoning. He told her, that tlie security of her government depended entirely on tlieafl'ections other protestant subjects ; and she could not, by any measure, more effectually disgust them, than by espousing a prince who was son of the perfi- dious Catherine, brother to the cruel and perfidious Charles, and who had liimself imbrued his hands in the blood of the innocent and defenceless protestants : that the catholics were her mortal enemies, and believed cither that she had usurped the crown, or was now l.TA fully deposed by the pope's bull of excommunica- tion ; and nothing had ever so much elevated their hopes as the prospect of her marriage with the duke of Anjou : that her chief security at present against the cllorts of sc numerous, rich, and united a faction, was, that they possessed no head who could conduct their Vol. L dangerous cnteiiirises ; and she herself was r,a,shly sup- plying that defect, by giving an interest in the kingdom to a prince whose education had zealously attached him to that communion : that though he was a stranger to the blood-royal of England, the dispositions of men were now such that they preferred the religious to the civil connexions; and were more influenced by svm- pathy in theological opinions, than by the principles of legal and hereditary governnunt : that the duke him- self had discovered a very restless and turbulent spirit ; and having often violated his loyalty to his elder bro- ther and his sovereign, there remained no hopes that he would passively submit to a woman whom he might in quality of a husband thhik himself entitled to com- mand : that the French nation, so ]>opulous, so much abounding in soldiers, so full of nobility who were de- voted to arms, and for some time accustomed to serve for plunder, would supply him with partisans danger- ous to a people unwarliko and defenceless like the generality of her subjects : that the plain and honour- able path which she had followed, of cultivatin" the affections of her people, had hitherto rendered her reign secure and happy ; and however her enemies might seem to multiply upon her, the same invincible rampart was still able to protect and defend her : that so long as the throne of France was filled by Henry or his posterity, it was in vain to hope that the ties of blood would insure the amity of that kingdom, prefer- ably to the maxims of policy or the prejudices of reli- gion ; and if ever the crown devolved on the duke of Anjou, the conjunction of France and England would prove rather a burden than a protection to the latter kingdom; that the example of her sister Mary was sufficient to instruct her in the danger of such con- nexions ; and to prove that the affection and confidence of the English could never be maintained where they had such reason to apprehend that their interests would every moment be sacrificed to those of a foreign and hostile nation : that notwithst.anding these great incon- veniences, discovered by past experience, the house of Burgundy, it must be confessed, was more popular in the nation than the family of France ; and, what was of chief moment, Philip was of the same communion with Slary, and was connected with her by this great band of interest and affection : and that however the queen might remain childless, even though old age should glow upon her, the singular felicity and glory of her reign would preserve her from contempt ; the affec- tions of her subjects, and those of all the protestants in Europe, would defend her from danger ; and her own prudence, without other aid or assistance, would baffle .all the eftbrts of her most malignant enemies. 1582. These reflections kept the queen ingreiit anxiety and irresolution ; and she was observed to pass several nights without any sleep or repose. At la.st her settled habits of prudence and ambition prevailed over her temporary inclination ; and having sent for the duke of Anjou, she had a long conference with him in piiv.ate, where she was sujiposed to have made him apologies for breaking her former engagements. He expressed great disgust on his leaving her ; threw away the ring which she 'had given him ; and uttered many curses on the mutability of women, and of islanders. Soon after, he went over to his government of the Netherlands; lost the confidence of the States by a rash and violent attempt on their liberties ; w.as expelled that country ; retired into France, and there died. The queen", by timely reflection, saved herself from the numerous mischiefs which must have attended so imprudent a marriage : and the distracted state of the French mo- narchy prevented her from feeling any effects of that resentment which she had reason to dread from tlie affront so wantonly put upon that royal family. AFFAIRS OF SCOTLAND. Tho anxiety of the queen from the attempts of tlie English catholics never ceased during tho whole oourse 3 S 4i)3 THE HISTORY OF ENGLAND. [Chap. XU. nflior i-oiirii i bi.t tl,e variety of revolutions "ludi hap- peiied in all the nc-ij;l.bourii.s kingdoms ^va.s the source iometimos of her hopes, son.et.mes ot her appreheu- rions This vear the affiu.^ of Scotland stron.My en- vied her attention. The induence which '!'« earl of Lnox and James Stuart, who now assumed the title of earl of Arran, had acquired over the young kiu?, was but a slender foundation of authority; while the ceneralilv of the nobles and all the preaoliers were so much discontented with their administration. The assembly of the church appointed a solemn fast ; ot which cue of the avowed reasons was the danger to which the king was exposed from the company of wicked persons : and on that day the pulpits resounded with declamations against Lenox, Arran. and all the present counsellors. When the minds of the people were sufficiently prepared by thete lectures, a conspi- racy of the nobility was formed, probably with the concurrence of Elizabeth, for seizing the person of James at Rutliven, a seat of the earl of Cowry's ; and the design, being kept secret, succeeded without any opposition. (23;d August.) The leaders in this enter- prise were, the earl of Gowry himself, the earl of Marre, the lords Lindesey and Boyd, the masters of Glamis and Olipliant, the abbots of Dunfermline, Pais- ley, and Cambnskenneth. The king wept when ho found himself detained a prisoner; but the master of Glamis said, " No matter for his tears : better that boys weep than bearded men :" an expression which James could never afterwards forgive. But notwithstanding his resentment, he found it necessary to submit to the present necessity. He pretended an entire acquies- cence in the conduct of the assoeiators ; acknowledged the detention of his person to be acceptable service j and aoreed to summon both an assembly of the church and a convention of estates, in order to ratify that enterprise. The assembly, though they had established it as an inviolable rule, that the king on no account and on no pretence should ever intermeddle in ecclesiastical mat- tei-s made no scruple of taking civil affairs under their cognizance, and of deciding on this occasion, that the attempt of the conspirators was acceptable to all that feared God, or tendered the preservation of the king's person, and prosperous state of the realm. They even enjoined all the clergy to recommend these sentiments from the pulpit ; and they threatened with ecclesiasti- cal censures every man who should oppose the autho- rity of the confederated lords. The convention, being composed chiefly of these lords themselves, added their' sanction to these proceedings. Arran was confined a prisoner in his own house : Lenox, though he had power to resist, yet, rather than raise a civil war, or be the cause of bloodshed, chose to retire into France, where he soon after died. He persevered to the last in the protestant religion, to which James had converted him, but which tlie Scottish clergy could never be per- suaded that he had sincerely embraced. The king sent for his family, restored his son to his paternal honours ^nd estate, took care to establish the fortunes of all his other children ; and to his last moments never forgot the early friendship which he had borne their fatlier — a strong proof of the good dispositions of the prince. No sooner was this revolution known in England than the queen sent sir Henry Gary and sir Uobert Bowes to James, in order to congratulate him on his deliverance from the pernicious counsels of Lenox and Arran ; to exhort him not to resent the seeming vio- lence committed on him by the confederated lords ; and to procure from him permission for the return of the earl of Angus, who ever since Morton's fall had lived in England. They easily prevailed in procuring the recal of Angus; and .as James suspected that Elizabeth had not been entirely unacquainted with the project of his detention, he thought proper before the English ambassadors to dissemble his resentment against the anthers of it 15G3. Soon after, La Ilothe-Fenelon, and ilenneville, appeared as ambas- sadors from France: their errand was to inquire con- cerning the situation of the king, make professions ot their master's friendship, confirm the ancient league with France, and procure an accommodation betwceu James and the queen of Scots. This last proposal gave great umbrage to the clergy ; and the assembly voted the settling of terms between the mother and son to be a most wicked undertaking. The pulpits resounded with declamations against the French ambassadors; particularly Fcnelon, whom they called the messenger of the bloody murderer, meaning the duke of Guise : and as that minister, being knight of the Holy Ghost, wore a white cross on his shoulder, they commonly de- nominated it in contempt, the badge of antichrist. The king endeavoured, though in vain, to repress these insolent reflections ; but in order to make the ambas- .sadors some compensation, he desired the magistrates of Edinburgh to give them a splendid dinner before their departure. To pi-event tliis entertainment, the clergy appointed that very day for a public fast ; and finding tliat their orders were not regarded, they em- ployed their sermons in thundering curses on the ma- gistrates, who, by the king's direction, had put this mark of respect on the ambassadors. They even pur- sued them afterwards with the censures of the church; and it was witli difficulty they were prevented from issuing the sentence of excommunication against them, on account of their submission to royal, preferably to clerical, authority, LETTER OF MARY TO ELIZABETH. What increased their alarm with regard to an ac- commodation between James and Mary was, that the English ambassadors seemed to concur with the French in this proposal; and the clergy were so ignor.ant as to believe the sincerity of the professions made by the former. The queen of Scots had often made overtures to Elizabeth, which had been entirely neglected ; but hearing of James's detention, she wrote a letter in a more pathetic and more spirited strain than usual ; craving the assistance of that princess both for her own and her son's liberty. She said, that the account of the prince's captivity had excited her most tender con- cern ; and the experience which she herself, during so many years, had of the extreme infelicity attending that situation, had made her the more apprehensive lest a like fate should pursue her unhappy offspring : that the long train of injustice which she had iindei'- gone, the calumnies to which she had been exposed, were so grievous, that finding no place for right or truth among men, she was reduced to make her last ajipeal to Heaven, the only competent tribunal between princes of equal jurisdiction, degree, and dignity : that after her rebellious subjects, secretly instigated by Elizabeth's ministers, had expelled her the throne, had confined her in prison, had pursued her with arms, she had voluntarily thrown herself under the protection of England ; fatally allured by those yeiterated profes- sions of amity which hud been made her, and by her confidence in the generosity of a friend, an ally, and a kinswoman : that, not content with excluding her from her presence, with sujiporting the usurjei's of her throne, with contributing to the destruction of her faithful subjects, Elizabeth bad reduced her to a worse captivity than that from which she had escajied, and had made her this cruel return for the unlimited con- fidence wliicli she had reposed in lier : that though her resentment of such severe usage had never carried her further than to use some disappointed efforts for her deliverance, unhappy for herself, and fatal to others, she found the I'igouis of confinement daily multijtlied upon her ; and at length carried to such a height that it surpassed the bounds of all human patience any longer to endure them : that she was cut off from all communication, not only with the rest of mankind, but with her only sou ; and her maternal fondness, wliich CnAr. XLI.] ELIZABETH, 1558—1603. 4!)9 was now more enlivened by Hiuir unhappy sympathy in situation, and was her sole remaining attaclinient to this world, deprived even of that nielanclioly solace which letters or niessa»es could f;ive : that the bitter- ness of her sorrows, still more than her close ronfine- ment, had jireyed upon her health, and had added the insufferable weijjlit of bodily infirinity to all those other calamities uuder which she laboured : that while the daily experience of her maladies opened to her the comfortable prospect of an a|)proacliin{,' deliverance into a region where pain and sorrow are no more, her enemies envied her that last consolation ; and having secluded her from every joy on earth, had done what ill them lay to debar her from all hopes in her future and eternal existence : that the exerciseof her religion wiis refused her ; the use of those sacred lites in which she had been educated ; the commerce with those holy nunisters whom Heaven had appointed to receive tlie Kcknowledgment of our transgressions, and to seal our penitence by a solemn re-admission into Iicavenly favour and forgiveness ; that it was in vain toconijilain of the rigours of pei-secution exercised in other king- doms, when a iiueeu and an innocent woman was ex- clnded from an indulgence which never yet, in tlie most baibarous countries, had been denied to the meanest and most obnoxious malefactor : that could she ever be indnced to descend from that royal dignity in whicli providence had placed her, or depart from her appeal to Heaven, there was only one other tribunal to which she would appeal from all lier enemies ; to the justice and Inunanity of Elizabeth's own breast, and to that lenity which, uninflneneed by malignant counsel, she would naturally bo indnced to exercise towards lier ; and that she finally entreated her to resume her natural disi)Osition, and to reflect on the support, as well as comfort wliich she might receive from her son and herself, if, joining the obligations of gratitude to the ties of blood, she would deign to raise them from their present melancholy situation, and reinstate them in that liberty and authority to which they were entitled. Elizabeth was engaged to obstruct ifary's restora- tion, chiefly because she foresaw an unhappy alterna- tive attending that event. If this princess recovered any considerable share of authority in Scotland, her resentment, ambition, zeal, and connexions, both do- mestic and foreign, might render her a dangerous neighbour to England, and enable her, after suppress- ing the protestant party among her subjects, to revive those pretensions which she had formerly advanced to the crown, and which her partisans in both kingdoms still supported with great industry and assurance. If she were reinstated in power with such strict limita- tions as could not be broken, she might be disgusted with her situation ; and flying abroad, form more desperate attempts than any sovereign who had a crown to hazard would willhigly undertake. JIary lierself, sensible of these difliculties, and convinced by experience that lOlizabeth would for ever debar her the throne, was now become more humble in her wishes ; and as age and infirmities had repressed those senti- ments of ambition by which she had formerly been so much actuated, she w.is willing to sacrifice all her hopes of grandeur in order to obtain a little liberty ; a blessing to which she naturally aspired with the fondest imjiatience. She ))roiiosed therefore, that she should bo associated with her son in the title to the crown of Scotland, but that the administration should remain solely in him : and she was content to live in England in a private station, and even under a kind of restraint ; but with some more liberty, both for exer- cise and company, than she had enjoyed since the first discovery of her intrigues with the duke of Norfolk. ]iut Eliziiheth, afraid lest such a loose method of guarding her would facilitate her escape into Krance 01' Spain, or at least would encourage aiul increase her partisans, and enable her to conduct those intrigues to wliich she liad already discovered so strong a propen- sity, was secretly determined to deny Ler requests ; and though she feigned to assent to them, she well knew liow to disappoint the expectations of that un- happy princess. While Lenox maintained his autlio- rity in Scotland, she never gave any reply to all the applications made to her by the Scottish queen : at present, when her own creatures had acquired posses- sion of the government, she was resolved to throw the odium of refusal upon them ; and pretending that nothing further was required to a perfect accommoda- tion than the concurrence of the council of state in Scotland, she ordered her ambassador, Bowes, to open the negociation for Slary's liberty, and lier association with her son in the title to the crown. Though she seemed to make this concession to Mary, she refused her the liberty of sending any ambassador of her own ; and that princess could easily conjecture from this circumstance what would be the result of the pre- tended negociation. The privy-council of Scotland, instigated by the clergy, rejected all treaty ; and James, who was now a cai)tive in their hands, affirmed that he had never agreed to an association with his mother, and that the matter had never gone further than some loose pro])Osals for that purpose. The affairs of Scotland remained not long in the present situation. James, impatient of restraint, made his escape from his keepers ; and flying to St. Andrews, summoued his friends and partisans to at- tend him. Th. carls of Argyle, Marshal, Montrose, and Rothes, hastened to pay their duty to their sove- reign ; and the opjiosite party found themselves un- able to resist so powerful a combination. They were offered a pardon upon their submission, and an ac- knowledgment of their fault in seizing the king's per- son, and restraining him from his liberty. Some of them accepted of the terms : the greater number, par- ticularly Angus, Hamilton, Marre, Glamis, left the country, and took shelter in Ireland or England, where they were protected by Elizabeth. The earl of .\rran was recalled to court ; and the malcontents, who could not brook the antliority of Lenox, a man of -i-irtne and moderation, found that by their resist- ance, they had thrown all power into the hands of a person whose counsels were as violent as his manners were profligate. Elizabeth wrote a letter to James ; in which she quoted a moral sentence from Isocrates, and indirectly reproached him with inconstancy, and a breach of his engagements. James, in his reply, justified his mea- sures ; and retaliated by returning two passages of Isocrates against her. She ne.xt sent Walsingham on an embassy to him ; and her chief purpose in employ- ing that aged minister in an errand where so little business was to be transacted, was to learn from a man of so much penetration and experience, the real character of James. This young prince possessed good parts, though not accompanied with that vigour and industry which his station required ; and as he excelled in general discourse and conversation, Wal- singham entertained a higher idea of his talents than he was afterwards found, when real business was transacted, to have fully merited. The account wliich he gave his mistress induced her to treat James thenceforth with some more regard than she had hitherto been inclined to pay him. 1084. The king of Scots, persevering in his present views, summoned a parliament ; where it was enacted, that no clergyman should presume in his sermons to utter false, untrue, or scandalous speeches against the king, the council, or the public measures, or to meddle in an improper manner with the affairs of his majesty and the states. The clergy, finding that the pulpit would be no longer a sanctuary for them, wine ex- tremely offended : they said that the king was become popish in his heart; and they gave their adversaries the epithets of gross ubertincs, belly gods, and infa- mous persons. The iolent conduct of Arran soon brought over the popu'arity to their side. The carl of 500 THE HISTORY OF ENGLAND. [CH4f. XLT Gowrio, though pardoned for the late attempt, v.ns ooniniitted to i-mptom of a contrar>- spirit in the upier nc-\;se. tiial t-hey proposed to add~\\ edncs^i.ly to the fast days, and toprohitit tDlire);- the eating of tlcih on that day. D'i^wes, p. J73. veying more unlimited aulliority. She ippolntcd forty- four commissioners, twelve of whom were ecclesi.astics; three commissioners made a quorum ; the jurisdiction of the court extended over the whole kingdom, and over all orders of men ; and every circumstance of its authority, and all its methods of proceeding, were con- trary to the clearest principles of law and natural equity. The commissioners were empowered to visit and reform all errors, heresies, schisms; in a word, to regulate all opinions, as well as to punish all breach of uni- formity in the exercise of public worship. They were directed to make inquiry, not only by the legal method of juries and witnesses, but by nil other means and ways which they could devise; that is, by the rack, by torture, by inquisition, by imprisonment. Where they found reason to suspect any person, they might administer to him an oath, called ex officio, by which he was bound to answer all tjuestions, and might thereby be obliged to accuse himself or his most intimate friend. The fines which they levied were discretionary, and often occasioned the total ruin of the oflfender, coutrary to the established laws of the kingdom. The imprisonment to which they con- demned any delinquent was limited to no rule but tlieir own pleasure. They assimied a power of imposing on the clergy what new articles of subscription, and con- sequently of faith, they thought proper. Though all other spiritual courts were subject, since the Reforma- tion, to inhibitions from the supreme courts of law, the ecclesiastical commissioners were exempted from that legal jurisdiction, and were liable to no control. And the more to enlarge their authority, they were empowered to punish all incests, adulteries, fornica- tions; all outrages, misbehaviours, and disorders in marriage: and the punishments wiiich they might inr flict, were according to their wisdom, conscience, and discretion. In a word, this court was a real inguisition ; attended with all the iniquities, as well as cruelties, inseparable from that tribunal. And as the jurisdic- tion of the ecclesiastical court was destructive of all law, so its erection was deemed by many a mere usurpation of this imperious princess ; and had no other foundation than a clause of a statute, restoring the sujiremacy to the crown, and empowering the sovereign to appoint commissioners for exercising that prerogative. IJut prerogative in general, especially the supremacy, was supposed in that age to involve powers which no law, precedent, or reason could limit and determine. Cut though the commons, in their humble petition to the prelates, had touched so gently and submissively on the ecclesiastical grievances, the queen, in a speech from the throne at the end of the session, could not forbear t.iking notice of their presumption, and re- proving them for those murmurs, which, for fe.ar ot offending her, they had pronounced so low rs not di- rectly to reach her royal ears. After giving them some general thanks for their attachment to her, and making professions of affection to her subjects, she told tliem, that whoever found fault with the church threw a slander on her, since she was appointed bi/ God supreme ruler over it, aud no heresies or schisms could prevail in the kingdom but by her permission and negligence : that some abuses must necessarily have place in everything ; but she warned the prelates to be watchful ; for if she found them careless of their charge, she was fully determined to depose them : that she was commonly supposed to have employed herself in many studies, particularly philosophical, (by which I suppose she meant theological,) and she would con- fess that few, whose leisure had not allowed them to make profession of science, had read or reflected more: that as she could discern the presumption of many, in curiously canvassing the scriptures, and starting inno- vations, she would no longer endure this licentiousness; but meant to guide her people, by God's rule, in the just mean between the corruptions of Rome and the errors of modern sectaries : and that as tin; Romaui&ta 502 THE HISTORY OF ENGLAND [CnAP. XLT. wero tlio ir.vetcrate enemies of her person, so tlie othnr innovators were dangerous to all kingly govern- ment ; and, nnder colour of preacliiiig the word of God, presumed to exercise their private judgment, and io censure the actions of the jirince. ISee note 4 1!, nl the end nf this To/.] From the whole of tliis transaction we may observe, that the commons, in r.iaking their general application to the prelates, as well as in some particular articles of their petition, showed themselves wlmlly ignorant, no less than the queen, of the principles of liberty, and a legal constitution. And it may not be unworthy of remark, that Elizabeth, so far from yielding to the dis- pleasure of the parliament against the ecclesiastical commission, granted, before the end of her reign, a new commission ; in whicli she enlarged, rather than restrained, the jiowers of the commissioners. During this session of p.arli.iment there was dis- covered a consjiiracy, which much increased the gene- ral animosity against the catholics, and still further widened the breach between the religions parties. William Parry, a catholic gentleman, had received the queen's pardon for a crime by which he was ex- posed to capital punishment : and having obtained permission to travel, he retired to Milan, and made open profession of his religion, which he had concealed while he remained in Kngland. He was here per- suaded by Palmio, a Jesuit, that he could not perform a more meritorious action than to take away tiie life of his sovereign and his benefacti'ess : the nuncio Canipeg- gio, when consulted, approved extremely of this pious undertaking : and Parry, though still agitated with doubts, came to Paris, with an intention of passing over to England, and executing his bloody purpose. He was here encouraged in the design by Thomas Morgan, a gentleman of great ciedit in the party; and though Watts and some other catholic priests told him that the enterprise w.as criminal and imjiinus, he preferred the authority of Raggazzoni, tlie nuncio at Paris, and determined to persist in his resolution. He here wrote a letter to the pope, which was conveyed to cardinal Como; he communicated his intention to the holy father; and craved his absolution and paternal benediction. He received an answer from the cardi- nal, by which he found that his purpose was extremely applauded; and he came over to England with a full design of carrying it into execution. So deeply are the sentiments of moi-ality engraved in the human breast, that it is difficult even for the prejudices of false religion totally to effiice them ; and this bigoted assassin resolved, before he came to extremities, to try every other exi>edient for alleviating the persecu- tions under which the catholics at that time laboured. He found means of being introduced to the queen; as- sured her that many conspiracies were formed against her ; and exhoi'ted her, as she tendered her life, to give the Romanists some more indulgence in the exercise of their religion ; but, lest he should be tempted by the opportunity to assassinate her, he always came to conrt unprovided with every offensive weapon. He even fonnd means to be elected member of parliament; and having made a velioment harangue against the severe laws enacted this last session, was committed to custody for his freedom, and sequesteied from the house- His failure in these attempts confirmed him the more in his former resolution ; and he communi- cated his intentions to Nevil, who entered zealously into the design, and was determined to have a share in the merits of its execution. A book, newly published by Dr. Alh-n, afterwanis created a cardinal, served further to efface all thoir scruples with regard to tlie murder of an heretical prince ; and having .igrced to shoot the queen while she should be taking the air on horseback, they resolved, if they could not make their e.scape, to sacrifice their lives, in fulfilling a duty .so agreeable, .as they imagined, to the will iii^God and to true religion. But while they were watching an op- portunity for the execution oi their pm-pose, the earl of Westmoreland liappened to die in exile ; and ns Nevil was next heir to that family, he began to enlcf- fain hopes, that by doing some accej)tnble service to the queen, he might recover the estates and honours which had been forfeited hy the rebellion of the last earl. He betrayed the whole conspiracy to the minis- ters ; and Parry, being tlii'own into jirison, confessed the guilt, both to them and to the jury who tried him. The letter from cardinal Como, being produced in court, put Parry's narrative beyond all (pu'Stion ; and that ciiminal, h.aving received sentence of death, suf- fered the punishment which the law appointed for his treasonable conspiracy. \See note 4 C, at the end of this To/.] AFFAIRS OP THE LOW COUNTRIES. These bloody designs now appeared everywhere as the result of tliat bigoted spirit by whicli the two reli- gions, especially the catholic, were at this time actu- ated. SomerviUe, a gentleman of the county of War- wick, somewhat disordered in his understanding, had heard so much of the merit attending the assassination of herelics and persecutors, that he came to London with a view of murdering the queen ; but having be- trayed his designs by some extravagances, he was thrown into prison, and there perished by a voluntary death. About the same time Baltazar Gerard, a Bur- gundian, undertook and executed the same design against the prince of Orange ; and that great man perished at Delft, by the hands of a desperate assassin, who, with a resolution worthy of a better cause, sacri- ficed his own life, in order to destroy the famous re- storer and protector of religious liberty. The Flem- ings, who regarded that prince as their father, wero filled with great sorrow, as well when they considered the miserable end of so brave a patriot, as their own forlorn condition from the loss of so powerful and pru- dent a leader, and from the rapid progress of the Span- ish arms. The prince of Parma had made every year great advances upon them, had reduced several of the provinces to obedience, and had laid close siege to Antwerp, the richest and most populous city of the Netherlands, whose subjection, it was foreseen, would give a mortal blow to the already declining affaire of the revolted provinces. The only hopes which re- mained to them arose from the prospect of foreign succour. Being well acquainted with the cautious and frugal maxims of Elizabeth, they expected better suc- cess in France ; and, in the view of engaging Henry to embrace their defence, they tendered him the sove- reignty of their provinces 1585. But the present condition of that monarchy obliged the king to reject so advant.ageous an offer. The duke of Anjon's death, which he thought would have tended to restore public tranquillity, by delivering him from the intrigues of that prince, plunged him into the deepest distress; and the king of Navarre, a professed bugonot, being next heir to the crown, the duke of Guise took thence occa- sion to revive the catholic league, and to urge Henry, by the most violent expedients, to seek the exclusion of that brave and virtuous prince. Henry himself, though a zealous catholic, yet, because he declined coinjdy:-g with their precipitate measures, became an object of aversion to the league ; and as his zeal, in practising all the superstitious observances of the Humish church, was accompanied with a very licen- tious conduct in private life, the catholic faction, in contradiction to universal experience, embraced thence the pretext of representing his devotion as mere de- ceit and hypocrisy. Finding bis authority to decline, he was obliged to declare war against the hugonols, and to put arms into the hands of the league, whom, both on account of their dangerous pretensions at home, and their close alliance with Philiji, he secretly regarded as his more dangerous cni'inics. Constrained by the same policy, he dreaded the danger of associat- ing himself with the revolted protcstants in tho Low Chap. XLI.j ELIZABETH, 155S-1G03. r/i.Ki Ootnitrios, and was obliged to ronoiince that iiivitiiig opjiortunity of icvengiiif; liiniPulf for all the hostile iii- tiigues and enterprises of Tliilip. 'I'lio States, reduced to this ox t rem ily, sent over a solemn embassy to London, and made anew an oiler to the queen, of aeUnowledgiiig her fur their sovereign, on condition of obtaining her protection and assistance. Elizabeth's wisest connsellins were divided in opinion with regard to the condnet which she should hold in this critical and important emergence. Sumo advised lier to 1 eject the ofJer of the States, and represented the imminent dangers, as well as injustice, attending the acceptance of it. They said, that the suppression of rebellions subjects w.is the conimou cause of all sovereigns, and an encouragement given to the revolt of the Flemings, might prove the example of a like pernicious licence to the Knglish : that though ])rinccs were hound by the laws of the Supremo Deing not to op))ress their sidijects, the people never were entitled to forget all duty to their sovereign, or transfer, from every fancy or disgust, or even from the justest ground of com|)laint, their obedience to any other master : that tlic queen, in the succours hitherto ailbrded the Flem- ings, had considered them as labouring under oppres- sion, not as entitled to fieedom ; and had intended only to admonish Philip not to ])erseverc in his ty- ranny, without any view of ravishing from him these provinces wliich he enjoyed by hereditary right from iiis ancestors : that her situation in Ireland, and even in England, would afl'urd that powerful mou.irch suffi- cient opportunity of retaliating upon her; and she must thenceforth expect that, instead of secretly fo- menting faction, he would opeidy employ his whole force in the protection and del'ence of the catholics : that the pope would imdoubtedly unite his spiritual arms to the temporal ones of Spain : and that the queen would soon repent her making so precarious an ncquisition in foreign countries, by exposing her own dominions to the most imminent danger. Other counsellors of Elizabeth maintained a con- trary opinion. They asserted, that the queen had not, even from the beginning of lier reign, but certainly had not at present, the choice whether she would em- brace friendship or hostility with Philip: that by the whole tenor of that prince's conduct it appc.ired, that his sole aims were, the extending of his cuipire, and the entire subjection of the [irotestants, under the specious pretence of maintaining the catholic faith : that tlio provocations which she had already given him, joined to his general scheme of policy, would for ever render liini her implacable enemy ; and as soon as lie had sub- dued his revolted subjects, he would undoubtedly fall, with the whole force of his nnited empire, on her de- fenceh'ss state : that the only question was, whether she would maintain a w.ar abroad, and supported by allies, or wait till the subjection of all the confederates of England should give her enemies leisure to begin their liostilities in the bowels of the kingdom: that the re- volted provinces, though in .a declining condition, pos- se!?scd still considerable force ; and by the assistance of England, by the advantages of their situation, and by their inveterate antipathy to Philip, might still bi" I enabled to maintain the contest against the Spanish monarchy : that their maritime power, united to the queen's, would give her entire security on the side ] from wliieli .alone she could be assaulted, and would : even enable her to make inro.ads on Philip's dominions, both ill Europe and the Indies : that a war which was J necessary could never he nnjust ; and self-defence was concerned, as well in pieventiug certain dangers at a distance, as in repelling any immediate inva^^ion : and that, since hostility with Sjtain was the unavoidable consequence of the present interests and situations of the two monarchies, it were better to com]jensate that danger and loss by the acquisition of sncli important provinces to the I^nglish empire. Amidst these opposite counsels, the queen, appre- hensive of the consequences attending each extreme. was inclined to slrcr a middle course; and tliongli such cimduct is selJoin prudent, she was not, in this resolu- tion, guided by any prejudice or mistaken aircclion. She was determined not to permit, withmit opposition, the total subjection of the revolted provinces, whose in- terests she deemed so closely connected with her own: but foreseeing tliat the acceptance of their sovereignly would oblige her to employ lier whole force in their de- fence, would give umbrage to her neighbours, and , would expose her to tiic reproach of ambition and I usurpation, imputations whicli hitherto she had care- fully avoided, she immediately rejected this oft'^r. She concluded a league with the Slates on the following I conditions: that she should send over an army to their assistance, of five thousand foot and a thousand horse, and pay them during the war; that the general, and two others whom she should apiioiut, should be ad- mitted into the council of the States; that neither party should make peace without tlie consent of the other; that her expenses should be refunded after the conclusion of the war; and that the towns of Flushing 1 and the Brille, witli the castle of Kauunekins, should, in the meautime, be consigned into her bauds by way of security. The (lueen knew that this measure would immedi- ately eng-igc her in ojien hostilities with Philip; yet was not she terrified with the view of tlie present greatness of that monarch. The continent of Spain was at that time rich and populous ; and the late addition of Por- tugal, besides securing internal tranquillity, li.ad annexed an opulent kingdom to Philip's dominions, had made him m.aster of many settlements in the East Indies, and of the w hole commerce of those regions, and had much increased his naval power, in which he was before chiefly deficient. All the princes of Italy, even the pope and the court of Rome, were reduced to a kind of subjection under him, and seemed to possess their so- vereignty on terms somewhat precarious. The Aus- trian branch in Germany, with their dependent princi- palities, was closely connected with him, and was ready to sujiply him with troops for every enterprise. All the treasures of the West Indies were in his possession; and the present scarcity of the precious metals in every country of lOurope, rendered the influence of his riches the more forcible and extensive. The Nether- lands seemed on the point of rel.apsing into servitude . and small hopes were entertaiired of their withstanding those numerous and veteran armies which, under tho command of the most experienced generals, he employ- ed against them. Even France, which was wont to counterbalance the Austrian greatness, had lost .all her force from intestine commotions ; and as the catholics, the ruling party, were closely connected with him, ho rather expected thence an augmentation than a diminu- tion of Ids power. Upon the whole, such preposses- sions were everywhere entertaijied concerning the force of the Spanish monarchy, that the king of Sweden, when he heard that Elizabeth had openly embraced the defence of the revolted Flemings, scrujded not to say, that she had now taken the diadem from her head, and had ventured it upon the doubtful chance of war. Yet w.as this princess rather cautious than enterprisiiig in her natural temiier : she needed more to be impelled by the vigour, than restrained by the prudence of her ministers: but when she saw an evident necessity, she liraved danger with inagnanimousconrage; and trusting to her own consummate wisdom, and to the aft'eetions, however divided, of her ))eople, .she jnepared herself to resist and even to assault the whole force of the ca- 'liolic mon.arch. Tlie earl of Leicester was sent over to Holland, at tie head of the English auxiliary forces. He carried with him a siileiidid retinue; being accompanied by the young earl of Esse.x, his son-in-law, the lords Aud- ley am! North, sir William Kussel, sir Thomas Shirley, sir .Arthur basset, sir Walter WalLr, sir Gervase CI f- ton. and a select troop of five iiundrcd gentlemen. lie was received on his airival at Flushing by hia 504 nei.liew, sir Pliilip Si.lney, the governor; and ever>- j town tlii-ouuli which l>e l«>ssed expressed (lieir joy by aeclamations and triumphal arches, as if his presence , and the queen's protection had brouglit them tlie most certain deliverance. The States, desirous of engaging Elizal>cth still further in tlieir defence, and knownig the interest which I^icesler possessed with her, confen-ed on him tlio title of governor and captain-general of the United Provinces, appointed a guard to attend him, and treated liim in some respects as their sovereign. But this step had a contrary' effect to what they ex- pected. The queen was displeased with the artifice of the States, and the ambition of Leicester. She severely reprimanded both ; and it was with some dinTiculty, that after many humble submissions they were able to appease her. HOSTILITIES WITH SPAIN. America was regarded as the chief source of Philip's power, as well as the most defenceless part of his do- minions ; and Elizabeth, finding that an open breach with that monarch was nnavoidable, resolved not to leave him unmolested in that quarter. Tlie great suc- cess of the Spaniards and Portuguese in both Indies had excited a spirit of emulation in England ; and as the progress of commerce, still more tliat of colonies, is slow and gradual, it was happy that a war in this critical period had opened a more flattering prospect to the avarice and ambition of the English, and had tempted them, by the view of sudden and exorbitant profit, to engage' in naval enterprises. A fleet of twenty sail was equipped to attack the Spaniards in tlie West Indies : two thousand three Itundred volun- teers, besides seamen, engaged on board it ; sir Francis Drake was appointed admiral ; Christopher Carlisle commander of the land forces. They took St. Jago, near Cape Verde, by surprise ; and foiind in it plenty of provisions, but no riches. They sailed to Hispaniola; (.lanuary, 158C;) and easily making themselves masters of St. Domingo by ass.auR, obliged the inhabitants to ransom their lio\ises by a sura of money. Cartliagena fell next into their hands after some more resistance, and was treated in the same manner. They burned St Anthony and St. Helens, two towns on the coast of Florida. Sailing along the coast of Virginia, they found the small remains of a colony which had been planted there by sir Walter Raleigh, and which had gone extremely to decay. This was the first attempt of the English to form such settlements ; and though they have since surpassed all European nations, botli in the situation of their colonies and in the noble princi- ples of liberty and industry on which they are founded, they had here been so unsuccessful, that the miserable planters abandoned their settlements, and prevailed on Drake to carry them with him to England. He re- turned with so nnich riches as encouraged the volun- teers, and with such accounts of the Spanish weakness in those countries, as served extremely to inflame the spirits of the nation to future enterprises. The great mortality whicli the climate had produced in his fleet was, as is usual, but a feeble restraint on the avidity and sanguine hopes of young adventurers. It is tliought that Drake's fleet first introduced the use of tobicco into England. Tlic enterprises of Leicester were mueli less success- ful than those of Drake. This man possessed neither courage nor capacity equal to the trust reposed in !iim by the queen ; and as he was the only bad choice she made for any considerable employment, men natui'ally believed that she had here been influenced by an affec- tion still more partial than that of friendship. He gained at first some advantage in an action against the Spaniards ; and threw succours into Grave, liy wliich that jilace was enabled to malvo a vigorous defence : but tlie cowardice of the governor, Van Ilemert, ren- dpied all tliese efforts useless. lie capitulated after a fceblc resistanco ; and being tried for his conduct, suf- THE HISTORY OF ENGLAND. [Chap. XLl, fered a capital punishment from the sentence of a court- martial. The prince of I'arma next undertook tho sicfe of Venlo, which was surrendered to him after some resistance. The fate of Xuys was more dismal ; being taken by assault while the garrison was treating of a capitulation. Khiniberg, whicli was garrisoned by twelve hundred English, under the command of colone. Morgan, was afterwards besieged by the Spaniards; ■and Leicester, thinking himself too weak to attempt raising the siege, endeavoured to draw off the ]n-ince of Parma by forming another enterprise. He first at- tacked Docsburg, and succeeded ; he then sat down before Zutphen, which the Spanish general thought so im]iortant a fortress that he hastened to its relief. He made tlie marquis of Guesto advance with a convoy, which he intended to throw into the place. Tliey were favoured by a fog ; but falling by accident on a body of English cavalry, a furious action ensued, in which the Spaniards were worsted, and themarquisof Gonzaga, an Italian nobleman of great reputation and family, was slain. Tlie pursuit was stopped by the advance of tho prince of Parma with the main body of the Spanisli army ; and the English cavaliy, on their return from the field, found their advantage more than compensated by tho loss of sir Philip Sidney, who, being mortally wounded in tho action, was carried off by the soldiers, and soon after died. This person is described by the wj-iters of that age as the most perfect model of an ac- complished gentleman that could be formed even by the wanton imagination of poetry or fiction. Virtuous conduct, polite conversation, heroic valour, and elegant erudition, all concurred to render him the ornament and delight of the Englisli court; and as the credit which he possessed with the queen and the earl of Lei- cester was wholly employed in the encouragement of genius and literature, his praises have been transmitted with advantage to posterity. No person was so low as not to become an object of his humanity. After this last action, while he was lying on the field mangled with wounds, a bottle of water was brought him, to relieve his thirst ; but observing a soldier near him in a like miserable condition, he said, This wan^s necessitt/ is still greater than mine : and resigned to him the bottle of water. The king of Scots, struck with admiration of Sidney's vii-tue, celebrated his memory in a copy of Latin verses, which he composed on the death of that young hero. The English, though a long peace had deprived them of all exjjerience, were strongly possessed of military genius ; and the advantages gained bj' the prince of Parma were not attributed to the superior bravery and discipline of tiio Spaniards, but solely to the want of military abilities in Leicester. The States were mucli discontented with his management of the war; still more with his arbitrary and imperious conduct; and at the end of the canipaign they applied to him for a re- dress of all their grievances. ISut Leicester, without giving them any satisfaction, departed soon after for England. The queen, while she provoked so powerful an enemy as the king of Spain, was not forgetful to secure herself on the side of Scotland ; and she endeavoured both to cultivate the friendship and alliance of her kinsman, James, and to remove all grounds of quarrel between them. An attempt which she had made some time be- fore was not well calculated to gain the confidence of that prince. She had disjiatched Wotton as her am- bassador to Scotland; but though she gave him private instructions with regard to her affairs, she informed James, that when she had any political business to dis- cuss with him, she would employ another minister ; that this man was not fitted for serious negociations; and that her chief purpose in sending him was to entertain the king with witty and facetious conversation, and to par- take without reserve of his pleasures and amusements. Wotton was master of profound dissimulation, and know how to cover, under the appearance of a careless gaity, tli£ deepest designs and most danirerous artificoii. CiTAP. XLTl.] ELIZABETH, 1558 -1603. 10? Wlicn Ijut a youth of twenty, lie had lieen employed by W.r, uncle, Dr. Wotton, anib;issador in France during tlie reign of Mary, to ensnare the constable, Montmor- ency ; and had not his purjjose been frustrated by pure accident, his cunning had prevailed over all the caution and experience of that aged minister. It is no wonder tliat, after years had improved him in all the arts of deceit, he should gain an ascendant over a young prince of so o)ien and unguarded a temper as James ; espe- cially whi'n the queen's recommendation prepared the way for his reception, lie was admitted into all the pleiisnres of the king ; made hinisi-lf master of his secrets ; and iiad so much the more authority with him in political trans.actions, as he did not seem to pay the least attention to the.se matters. The .Scottish ministers, who observed the growing interest of this man, endea- voured to acquire his friendship ; and scrupled not to s.Tcrifice to his intrigues the most essential interests of their master. Elizabeth's usual jealousies with re- gard to lier lieirs began now to be levelled .igainst James; and as that prince had attained the years pro- per for marriage, she was ai)prehensive lest, by being strengthened witli children and alliances, he should ac- quire the greater interest and authority with lier Kug- lisli subjects. She directed Wotton to form a secret concert with some Scottish noblemen, and to procure tlieir promise that James, during three years, should not on any account be permitted to marry. In conse- quence of this view, they endeavoured to embroil him with the Icing of Denmark, who had sent ambassadors to Scotland on pretence of demanding restitution of the Orkney.s, but really with a view of opening a propos.al of marriage between James and his daughter. Wotton is said to have employed his intrigues to purposes still more dangerous. He formed, it is pretended,a conspi- racy with some malcontents, to seize the person of the king, and to deliver him into the hands of Elizabeth, who would probably have denied all concurrence in the design, hut would have been sure to retaiu him in per- petual thraldom, if not captivity. The conspiracy was detected, and Wotton fled hastily from Scotland, with- out t.iking h'ave of the king. James's situation obliged him to dissemble his resent- ment of this tr.iitorons attemjjt, and his natural temper inclined him soon to forgive and foiget it. The queen found no difficulty in renewing the negociations for a strict .alliance between Scotland and England ; and the more effectually to gain the prince's friendship, she griinted him a pension equivalent to his claim on the inheritance of his grandmother, the countess of Lenox, lately deceased. A league was formed between Eliza- beth and James, for the mutual defence of their do- minions, .and of their religion, now menaced by the open combination of all the catholics powsrs of Europe. It was stipulated, that if Eliz.abeth were invaded, James should aid her witli abody of two thousandhorse and five thousand foot ; that Elizabeth, in a hke case, should send to his assistance three thousand horse and six thousjvnd foot; that the charge of these armies should be de- frayed by the prince who demanded assistance ; that if the invasion should he made upon England, within sixty miles of the frontiers of Scotland, this latter king- dom should march its whole force to the assistance of the former ; and that the present league should super- sede all former alliances of either state with any foreign kingdom, so far as rehgion was concerned. ISy this league James secured himself against all attempts from abroad, opened a way for accjuiring the confidence and affections of the English, and might entertain some prospect of domestic tranquillity, which, while he lived on bad terms with Elizabeth, he could never expect long to enjoy. Besides the turbulent disposition and inveterate feuds of the no- bility, ancient maladies of the Scottish government, the spirit of fanaticism had introduced a new disorder; en much the more dangerous, as religion, when cor- rupted by false opinion, is not restrained by any rules of morality, and is even scarcely to be accounted for in Vol. I j its operations by any principles of ordinary conduct aniracy The Conspirators seized ani executed ilcsolution to try (he Queen uf Scots The Commissioners prevail on her to submit to tlie'PrinJ . The Trial Sentence against W&TV Interposition of Kintt James Itcasons for the Kxecution of Marv The tjxecution Mar^."! Character Tne Queen's affected Sorro*\ Drake destroys the Spanisli Fleet at Cadiz t'hilip projects the In\asion of Kngland The Itiiin- cible Armada Preparations in Kngland The Armada arrives in the Channel Defeated A I'arliament Expedition against Portugal Affairs of ScoUand. ''[^HE dangers which arose from the cluaractcr, prin- -l ciplcs, and pretensions of the queen of Scots, had very early engaged Elizabeth to consult, in her treat- ment of that unfortunate princess, the dictates of jea- lousy and politics, rather than of friendship or gene- rosity : resentment of this usage had pushed Mary into enterprises which had nearly threatened the repose and authority of Elizabeth : the rigour and restraint, thence redoubled upon the captive queen, still impelled her to attempt greater extremities; and while her impatience of confinement, her revenge, [See note A D, at the end of this Vol.,'\ and her high sjiir t, concurred with re- ligious zeal, and the suggestions of desperate bigots, she was at last engagetl in designs wliich afforded her enemies, who watched the opportunity, a pretence or reason for effecting her final ruin. ZEAL OF THE CATnOLICS. The English serainaiy at Eheims h.ad mought them- selves up to a hiyh pitch of rage and animosity against the queen. The recent persecutions from which they iLid escaped; the new rigours whiVh they knew awaited them in the cour.se of their missions; the liberty which at present they enjoyed of declaiming against that princess; and the contagion of that religious fmy which everywhere surrounded them in France : all these causes had obliterated with them every m.i.Kim of common sense, and every principle of morals or hu- manity. Intoxicated with admiration of the divine power and infullibilifj' of the pope, they reveretl his bull, by which he excouimunicated and deposed the 3T 506 THE HISTORY OF ENGLAND. LChap. XLII. queen ; nn.i some of tliem had -one to tl.iit hoigl.t of extrava-ancens to assert, tliat that iH-ili.r.nan<« lind been inrn.ediately dictated bv the iIol.v Ghost. The assassination of heretical soverei-ns.and ot tluit pnneess in particidar, was represented as the most nientorioiis of all enterprises; and they tanj;Ut that whoever perished in such pious attempts, enjoyed without dis- pute the ylorioiis and never-fading crown of martyr- dom. 13y such doctrines they instigated John Savage, a man of desiierato courage, who had served some years in the Low Counties under the prince of Parma, to attempt the life of Elizabeth ; and this assassin, liavin" made a vow to persevere in his design, was sent over to England and recommended to the confidence of the more zealous catholics. About the same time, John Ballard, a priest of that seminary, luul returned to I'aris from his mission in England and Scotland ; and as he had observed a spirit of mutiny and rebellion to be very prevalent among the catholic devotees in these countries, he had founded on that disposition the project of dethroning Elizabeth, and of restoring by force of arms the exercise of the ancient religion. The situation of alfairs abroad seemed favourable to this enterprise : the pope, the Spaniard, the duke of Guise, concurring in interests, had formed a resolution to make some attempt ag.ainst England: and Mendoza, the Spanish ambassador at Paris, strongly encouraged Ballard to hope for succoui-s from these princes. Charles Paget alone, a zealous catholic, and a devoted partisan of the queen of Scots, being well acquainted with the prudence, vigour, and general popularity of l-'lizabeth, always maintained that so lonn- as that princess was allowed to live, it was in vain to expect any success from an entei-prise upon Eng- land. Ballard, persuaded of this truth, saw more clearly the necessity of executing the design formed at Bheinis : he came over to England in tlie disguise of a soldier, and assumed the name of captain Fortescue : and he bent his endeavours to effect at once the project of an assassination, an insurrection, and an invasion. BABINGTON'S CONSPIRACY. The first person to whom he addressed himself was Anthony Babingtou, of Dethic, in the county of Derby. This young gentleman was of a good family, possessed a plentiful fortune, had discovered an excellent capacity, and was accomplished in literature beyond most of his years or station. Being zealously devoted to the ca- tholic communion, he had secretly made a journey to Paris some time before; and had fallen into intimacy with Thomas Morgan, a bigoted fugitive from England, and with the bishop of Glasgow, Mary's ambassador at the court of France. By continually extolling the amiable accomplishments and heroieul virtues of that princess, they impelled the sanguine and unguarded mind of young Babington to make some attempt for her service ; and they employed every principle of am- bition, g.allantry, and religious ze.al, to give him a con- tempt of those dangers which attended any enterprise against the vigilant government of Elizabeth. Finding him well disposed for their purpose, they sent him back to England, and secretly, unknown to himself, recommended him to the queen of Scots, as a person worth engaging in her service. She wrote him a letter full of friendship and confidence ; and Babington, ardent in his temper, and zealous in liis principles, thought that these adv.ances now bound him in honour to devote himself entirely to the service of that unfor- tunate princess. During some time, ho had found means of conveying to her all her foreign correspond- ence: but after she was p\it under the custody of sir Amias Paulet, and redui'cd to a more rigorous confine- ment, he experienced so much difiieulty and danger in rendering Inr this si-rviee, that be had desisted from every attempt of that nature. "When Ballard began to open his intentions to Bab- mgton, ho found his zeal suspended, not extinguished : his former ardour revived on the mention of any enter- prise which seemed to jiromiso success in the cause of Mary and of tlie catholic religion. Tie had entertained sentiments conforuiable to those of Paget, and repre- sented the folly of all attempts which, during the life- time of Elizabeth, could be formed agamst the estab- lished religion and government of l-"ngland. Ballard, encouraged by this hint, proceeded to discover to hira the design undertaken by Savage; and was pleased to observe, that, instead of being shocked with the pro- ject, Babington only thought it not secure enough, when intrusted to one single hand, and proposed to join five others with Savage in this desperate en- terprise. In prosecution of these views, Babington employed himself in increasing the number of his associates; and he SL'cretly drew into the conspiracy many catholic gentlemen discontented with the present government. Barnwell, of a noble family in Ireland, Cliarnoc, a gentleman of Lancashire, and Ahington, whose father had been cofferer to the household, readily undertook the assassination of the queen. Charles Tilney, the heir of an ancient family, and Tichborne of South- ampton, when the design was proposed to them, ex- pressed some scruples, which were removed by the arguments of Babington and B;illard. Savage alone refused, during some time, to share the glory of the enterprise with any others ; ho challenged the whole to himself ; and it was with some difKcnlty he was in- duced to depart from this preposterous ambition. The deliverance of tlie queen of Scots at the very same instant when Elizabeth should be assassinated, was requisite for effecting the puqiose of the conspirar tors ; and Babiugton undertook, with a party of a hundred horse, to attack her guards while she should be taking the air on horseback. In thisenterprise he en- gaged Ed ward Windsor,brother to the lord of that name, Thomas Salisbury, Robert Gage, John Travers, John Jones, and Henry Donne ; most of them men of family and interest. The conspirators much wanted, but could not find, any nobleman of note whom they might jilace at tiie head of the enterprise ; but they trusted that the great events of the queen's death and Mary's deli- verance would rouse all the zealous catholics to arms; and that foreign forces, taking advantage of the gene- ral confusion, wo\dd easily fix the queen of Scots on the throne, and re-establish the ancient religion. These desperate projects had not escaped the vigi- lance of Elizabeth's council, particularly of Walsing- liam, secretary of state. That artful minister had en- gaged Maud, a catholic priest, whom he retained in pay, to attend Ballard in his journey to France, and had thereby got a hint of the designs entertained by the fugitives. Polly, another of his spies, Inid found means to insinuate himself among the conspirators in England; and though not entirely trusted, had obtained some insight into their dangerous secrets. But the bottom of the conspiracy was never fully known till Gilford, a seminary priest, came ovej', and nnide a ten- der of his services to Walsiugham. By his means the discovery became of the utmost importance, and in- volved the fate of Mary, as well as of those zealous partii-ans of that ]u incess. Babington and his associates, having laid such a pl.an as they thought promised infallible success, were im- patient to communicate the design to the (jueen of Scots, and to obtain her a])probation and concurrence. For this service they em]doyed Gifford, who immedi- ately applied to Walsiugham, that the interest of that minister might forward his secret correspondence with Iviary. Walsiugham proposed the matter to Paulet. and desii-ed him to connive at (jifford's coriaipting one of his servants : but Paulet, .averse to the introducing of such a peniicious precedent into his family, desired tliat they would rather think of some other expedient Gili'ord found a brewer, who supplied the family with ulo; and bribed him to convey letters to the captive CiiAP. XLII.] ELIZABETH, 1558-1603. 507 qnecn. The letters, by Paiilet's contrivance, wore thrust tlirougli a cliinlc in tlie wall ; aud answers were rctiii'iiod by tbo same convryanco. Ballard and Habinfilon wore first diffident of Giflord's fidelity; and to make trial of liim, they pave liini only blank papers made n]i like lelters: but finding by the answers that these had been faithfully delivered, they laid aside all further scruple, and conveyed by his liands the most criminal aud dangerous parts of their conspiracy. THE C0KSPIRAT0E3 SEIZED AND EXECUTED. MARY ASSENTS TO THE CONSPIRACY. Babington informed Jlary of the dcsifrn laid for a foreign invasion, the plan of an insurrection at liome, the scheme for her deliverance, and the cons|)iracy for assassinating the usurper, by six nohlo gentlemen, as he tei nied them, all of them his private friends; who, from the zeal which they bore to the catholic cause, and her majesty's service, would undertake the tragical execution. Slary replied", that she approved iiighly of the design; that the gentlemen might expect all the rewards which it should ever be in her power to con- fer ; and that the death of Klizabeth was a necessary circumstance, before any attempts were made, either for her own deliverance or an insurrection. Tiiese letters, with others to Mendoza, Charles Paget, the archbishop of Glasgow, and sir Francis Inglefield, w ere carried by Gifford to secretary Walsingham ; were deciphered by the art of Philips, his clerk, and cojiies taken of them. Walsingham employed another arti- fice, in order to obtain full insight into the jilot : lie subjoined to a letter of JIary's a postscript in the same cipher, in which he made her desire Dabington to in- form her of the names of the conspirators. Tlie indis- cretion of Babington furnished Walsingham with still another means of detection as well as of defence. Tiiat gentlemen had caused a picture to be drawn, where he himself w.as represented standing amidst the si,\ assas- sins; and a motto was subjoined, expressing that their common perils were the band of their confederacy. A copy of this picture was brought to Elizabeth, that she might know the .issassins, and guard herself against their approach to her person. Me.anwhile, Babington, anxious to ensure and hasten the foreign succours, resolved to dispatch Ballard into France; and he procured for him, under a feigned name, a licence to travel. In order to remove from himself all suspicion, he applied to Walsingham, pre- tended great zeal for the queen's service, offered to go abroad, and professed his intentions of employing the confidence which he had gained among the catholics, to the detection and disappointment of tlieir conspira- cies. AValsinghara commended bis loyal purposes; and promising his own council and assistance in the execution of them, still fed him with hopes, and main- tained .a close correspondence with him. A wan-ant, meanwhile, was issued for seizing Ballard ; and this incident, joined to the consciousness of guilt, begat in all the conspiratoi-s the utmost anxiety and concern. Some advised that they should immediately make their escape : others proposed that Savage and Sharnoc should without delay execute their pnrpose a'_'ainst Elizabeth; and Babington, in prosecution of thisseheme, furnished Savage with money, that he might buy good clothes, and tliereby have more easy access to the queen's jierson. Next day they began to apprehend that they had taken the alarm too hastily ; and Babing- ton h.aviug renewi'd bis correspondence with Walsing- ham, was per>uaded by that subtle minister, that the seizure of Mallard had proceeded entirely from the usual diligence of informers in the detection of popish and seminary priests. He even consented to take lodgings secretly in Walsingham's house, that they might have more frequent conferences together, before his intended departure for France: but observing that They all took to flight, covered themselves \ii ami inivy-coiinscllors, ami empowered tliein to examine mid pass sentence on Mary whom slic deiiominaled the late queen of Scots, and heir to James V. of Scotland. The commissioners came to I'olhonii^'ay castle, and sent to her sir Walter Mildmay, sir Aniias Panlet, and Edward Barlcer, who delivered her a letter from Elizabeth, informing her of the commission, and of the ajiiiroacliinj,' trial. Mary received the intelligence vithont emotion or astonish- ment. She said, liowever, that it seemed strange to lier, that the qncen should command her, as a subject, to submit to a trial and examination before subjects: that she was an absolute independent princess, and ■wonlil yield to nothing which might derogate either from her royal majesty, fiom the state of sovereign princes, or from the dignity and rank of her sou : that, however oppressed by misfortunes, she was not yet so much broken in spirit as her enemies flattered them- selvs ; nor would she, on any account, be accessary to her own degi'adation and dishonour: that she was ignorant of the laws and statutes of Engla:id ; was utterly destitute of counsel ; and could not conceive who were entitled to be called her peers, or could legally sit as judges on her trial: that though she had lived in England for many years, she had lived in cap- tivity; and not having received the protection of tlie laws, she coidd not, merely by her involuntary resi- dence in the country, he supposed to have sulijected herself to their jurisdiction: that notwithstanding the superiority of her rank, she was willing to give an account of her conduct before an English parliament; but could not view these commissioners in any other light than as men appointed to justify, by some colour of leg.al proceeding, her condemnation and execution ; and that she warned them to look to their consci- ence and their character, in trying an innocent per- son ; and to reflect, that these transactions would some- where be subject to revisal, and th.-it the theatre of the whole world was much wider than the kingdom of England. THE COMMISSIONERS PREVAIL ON HER TO SUBMIT TO THE TRIAL. In return, the commissioners sent a new deputation, informing her that her plea, either from her royal dig- nity, or from her imprisonment, could not be admitted; and that they were empowered to proceed to her trial, even though she should refuse to answer before them. Burleigh , the treasurer, and Bromley, the chancellor, employed much reasoning to make her submit; but the person whose arguments had the chief influence was sir Christopher Hatton, vice-chamherlain. His speech was to this purpose : " You are accused, m.a- dam," said he, " but not condemned, of having con- spired the destruction of our l.ady and queen anointed. You s.-iy you are a queen : but in such a crime as ihis, and such a situation as yours, the royal dignity itself, neither by the civil or canon law, nor by the law of nature or of nations, is exempt from judgment. If you be innocent, you wrong your reputation in avoiding a trial. We have been present at your protestations of innocence: but queen Elizabeth thinks otherwise; and is heartily sorry for the ajipearanccs which lie against you. To examine, therefore, your cause, she has appointed commissioners; honourable persons, liiudent and upright men, who are ready to hear you witii equity, and even with favour, and will rejoice if you can clear yourself of the imiuitations wliirli luive been thrown ujion you. Believe me, madam, the queen herself will rejoice, who affirmed to me at my departure, that nothing which ever befel her had given her so much uneasiness, as that you should be sus- pected of a concurrence in these criminal enterprise'. Laying aside, therefore, the fruitless claim of privilege from you royal dignity, which can now avail you nothing, trust to the better defence of your innocence. make it ajipear in open trial, and leave not upon youi' memory tliat stain of infamy which must attend your obstinate silence on this occasion." By this artful sjieech Mary was persuaded to answer before the court ; and thereby gave an appearance of legal procedure to the trial, and prevented those diffi- culties which the commissioners must have fallen into, had she persevered in maintaining so specious a plea as that of her sovereign and independent character. Her conduct in this particular must be regarded as the more imprudent : because formerly, when Elizabetli's commissioners pretended not to exercise any jurisdic- tion over her, and only entered into her cause by her own consent and approbation, she declined justifyiu" herself, when her honour, which ought to have been dearer to her than life, seemed absolutely to re- quire it. THE TRIAL. On her first appearance before tlie commissioners, Mary, either sensible of her imprudence, or still un- willing to degrade herself by submitting to a trial, renewed her protestation against the authority of her judges : the chancellor ans\\ ered iier by pleading the supreme authority of the English laws over every one who resided in England : and the commissioners accommodated matters, by ordering both her protes- tation and his answer to be recorded. The lawyers of the crown then opened the charge against the queen of Scots. They proved by inter- cepted letters, that she had allowed cardinal Allen and others to treat her as queen of England : and that she had kept a correspondence with lord Paget and Cluirles Paget, in view of engaging the Spaniards to invade the kingdom. Mary seemed not anxious to clear herself from either of these imputations. She only said, that she could not hinder others from using what style they pleased in writing to her; and that she might lawfidly try very expedient for the recovery of Jier liberty. An intercepted letter of hers to Mendoza was next produced; in wliich she promised to transfer to Philip her right to the kingdom of Engkand, if her sou should lefuse to be converted to the catholic faith ; an event, she there said, of wliich there was no expectation while he remained in the hands of his Scottisli subjects. Even this part of the charge she took no pains to deny, or rather the seemed to acknowledge it. She said, that she had no kingdoms to dispose of; yet was it lawfid for her to give at her pleasure what was lier own, and she was not accountable to ;iuy for her ac- tions. She added, that she had furmeidy rejected that proposal from Spain; but now, since all her hopes in England were gone, she was fully determined not to refuse foreign assistance. There w.ns also produced evidence to prove, that Allen and Parsons were at that very time negoclating bj her orders at Rome the con- ditions of transferring her English crown to the king of Spain, and of disinheriting her heretical son. ^See note 4 E, at the end of this Vol.'\ It is remarkable that Mary's prejudices against her son were at this time carried so far, that she had even entered into a conspiracy against him, had appointed lord Claud Hamilton regent of Scotland, and had in- stigated her adherents to seize James's person, and deliver him into the hands of the pope, or the king of Spain ; whence he was never to he delivered, but on condition of his becoming catholic. ISec note 4 F, at the end of this Vol,] The only part of the charge which Mary positively denied, was her concurrence in the design of assassin- ating Elizabeth. This article, indeed, was the most heavy, and the only one that could fully justify the queen in proceeding to extremities ag-iiust her. In order to ])rove the accusation, there were produced the following evidence : copies taken in secretary Walsing- ham's office of the intercepted letters between her aud Chap. XLII.] ELIZABF.TH, 15oS-1603. 009 Babington, in wliich her approbation of the murder <'as clearly expressed ; the evidence of lier two secre- taries, Nun and Curie, who had confessed, without being put to any toiture, both that she received tliese letters from Baliington, and that they had written the answers liy her order ; the confession of Babington, that he had written the letters and received the auswers; and the confession of Ballard and Savage, that Babing- ton had showed tliem these letters of Mary written in the cipher which had been settled between them. It is evident, that this complication of evidence, though every circumstance corroborates the general conclusion, resolves itself finally into the testimony of the two secretaries, wlio alone wore certainly ac- quainted with their mistress's concurrence in Babing- ton's conspiracy, but who linew themselves exposed to all the rigours of imprisonment, torture, and death, if they refused to give any evidence which might be re- quired of them. In the case of an ordinary criminal, this proof, with all its disadvantages, would be es- teemed legal and even satisfactorj', if not opposed by some other circumstances which shake the credit of the witnesses : but on the present trial, where the absolute | power of the prosecutor concuired with such import- ant interests, and such a violent inclination to have the princess condemned, the testimony of two witnesses, even though men of character, ought to be supported by strong probabilities, in order to remove all suspi- cion of tyranny and injustice. The proof against Mary, it must be confessed, is not destitute of this advantage; and it is difficult, if not impossible, to account for Babington's receiving an answer, written in her name, and in the cipher concerted between tliom, without allowing that the matter had been communicated to that princess. Such is the light in which this matter appears: even after time has discovered everything which could guide our judgment with reg.ird to it : no wonder, therefore, that the queen of Scots, unassisted by counsel, and confounded by so extraordinary a trial, found herself incapable of making a satisfactory de- fence before the commissioners. Her reply consisted chiefly in her own denial : whatever force may be in th.at denial was much weakened, by her positively af- firming, that she never had any correspondence of any kind with Babington ; a fact, however, of which there remains not the least question. [Sec note 4 G, at the end of this Vol.] She asserted, that as Nau and Curie had taken an oath of secrecy and fidelity to her, their evi- dence against her ought not to be credited. She con- fessed, however, that Nau had been in the service of her uncle, the cardinal of Lorraine, and had been le- commended to her by the king of France, as a man in whom she might safely confide. She also acknow- ledged Curie to be a very honest man, but simple, and easily imposed on by Nau. If these two men had re- ceived any letters, or had written anyanswers without her knowledge, the imputation, she said, could never lie on her. And she was the more inclined, she added, to entertain this suspicion against them, because Nau had, in other instances, been guilty of a like temerity, and had ventured to transact business ii\ Iscr name, witliout communicating the matter to her. [See note 4 H, at the end of this To/.] The sole circumstance of her defence, which to us may appear to have some force, was her requiring that Nau and Curie should be confronted with her, and her affirming, that they never would to her face persist in their evidence. But that demand, however equit-ible, was not then supported by law in trials of high-treason, and was often refused, even in other trials where the crown was prosecutor. The clause contained in an act of the 13th of the queen, was a novelty ; that the spe- cies of treason there enumerated must be proved by two witnesses, confronted with the criminal. But JIary was not tried upon that act ; au.l the ministers and crown lawyers of this reign were always sure to refiise every indulgence beyond what the strict letter of the law, and the settled practice of the courts of justice required of them. Not to mention, that those secretaries were not probably at Fotheringay castle dur- ing the time of the trial, and could not, upon Mary's demand, be produced before the commissioner.s.* There passed two incidents in this trial which may be worth observijig. A letter between Jfary and Bab- ington was read, in which mention was made of the earl of Arundel and his brothers ; on hearing their names she broke into a sigh : " Alas !" said she, "what has the noble house of the Howards suffered for my sake!" She affirmed with regard to the same letter, that it was easy to forge the handwriting and ci])her of another ; she was afraid that this was too famiUara practice with Walsinghani, who, she also heard, had frequently practised both ag.ainst her lifeand hcrson's. Walsinghani, who was one of the comniisaioners, rose up. He protested, that in his private capacity he had never acted anything against the queen of Scots : in his public capacity, he owned, that his concern for liis sovereign's safety had made him very diligent in search- ing out, by every expedient, all designs against her sacred person, or her authority. For attaining that end, he would not only make use of the assistimce of Ballard or any other conspirator ; he would also re- ward them for betraying their companions. But if bo had tampered in any manner unbefitting his cha- racter and office, why did none of the late criminals, either at theii- trial or execution, accuse him of such practices? Mary endeavouivd to pacify him, by saying that she spoke from informatJ/in , and she bcn-ed liira to give thenceforth no more credit to suehasslandeied her, than she should to such as accused him. The great character, indeed, which sir Francis AValsingliam bears for probity and honour, should remove from him all suspicion of such base arts as forgery and suborna- tion ; arts which even the most corrupt ministers, in the most corrupt times, would scruple to employ. SENTENCE AGAINST MARY. Oct. 23. Having finished the trial, the commissioners ad- journed from Fotheringay castle, and met in the star- clianiber at London ; where, after taking the oaths of Mary's two secretaries, who voluntaiily, without hope or reward, vouched the authenticity "of those letters before produced, they pronounced sentence of death upon the queen of Scots, and confirmed it by their seals and subscriptions. The same day a declaration was published by the commissioners and the judges, "tliat the sentence did nowise derogate from the° title and honour of James, king of Scotland ; but that he was in the same place, dcgi-ce, and right, as if the sentence had never been pronounced." The queen had now brought affairs with Mary to that situation whicli she had long ardently desired • and had found a plausible reason for executino- ven- geance on a competitor, whom from the beginning of her reign she had ever equally dreaded and hated. Cut she was restrained from instantly gratifying her resent- ment, by several important considerations. She fore- saw the invidious colours in which this example of uncommon jurisdiction would be represented by the numerous partisans of Maiy, and the reproach to which she herself might be exposed with all foreign princes, perhaps with all posterity. The rights "of hospitality, of Icindred, and of royal'majestv, seemed, in one single instance, to be all" violated ; and this' sacrifice of generosity to interest, of clemency to re- venge, might appear equally unbecoming a sovereign and a woman. Elizabeth, therefore, who was an excel- lent hypocrite, pretended the utmost reluctance to pro- ceed to the execution of the sentence ; affected themost tender sympathy with her prisoner; displayed all her scruples and difficulties ; rejected the solicitation of • O.'lten Elizabeth was willinK to have allcm-cj Curie and Nau to be mo. duced in the trial, and writes to that purpose to Burleigh and Walsini;h,-im in Her letter of the 7th of October, in Forbcs's MS. collections. She only sayj that she thinks it needless, though she was willine to a^ree f, it. Tl'e not cnfr^inting of tile witucsaci was not the result of dttiKo, but tb.' practiee of th'-hge. 510 THE HISTORY OF ENGLAND. rciiAP xLii, her courtiers and minister; nnd afhrmcd, that ivere she not move.! bv the deepest concern lor lier i)ooi,le s safetv she would not Iicsit;;te a moment m pardon- in- all the injuries which she herself had received from tlio iiueen of Scots. 'J'hat the voice of her people might be more audibly heard in the demand of justice upon Mary, she suin- inoned a new parliament; (2nth October;) and she knew, both from the usual dispositions of that assem- Mv and from the influence of her ininisters over them, tli'a't she should not want the most earnest solicitation to consent to that measure, whicli was so agreeable to her secret inclinations. She did not open this assembly in person, but appointed for that purpose three com- missioners, Bromley, the chancellor, Uurleigh, the trea- surer, and the earl of Derby. The reason assigned for this measure was, that the queen, foreseeing that the afliiir of the queen of Scots would be canvassed in parliament, found her tenderness and delicacy so much hurt by that melancholy incident, that she had not the courage to be present while it was under deliberation, but withdrew her eyes from what she could not behold without the utmost reluctance and uneasiness. She was also willing, that by this unusual precaufion the pcoi)le should see the danger to which her person was houily exposed; and should thence be more strongly incited to take vengeance on the criminal, whose restless in- trigues and bloody conspiracies had so long exposed her to the most imminent perils. The parliament answered the queen's expectations ; the sentence against Jlaiy was unanimously ratified by both houses ; and an application was voted to obtain Elizabeth's consent to its publication and execution. She gave an answer ambiguous, embarrassed ; full of real artifice, and seeming irresolution. She mentioned the extreme danger to which her Ufe was continually exposed ; she declared her willingness to die, did she not foresee the great calamities which would thence fall upon the nation ; she made professions of tlie greatest tenderness to her people ; she displayed the clemency of her temjier, and expressed her violent re- luctance to execute the sentence against her unhappy kinswoman; she affirmed, that the late laiv, by which that princess was tried, so far from being made to en- snai'e her, was only intended to give her warning be- forehand not to engage in such attempts as might expose her to the penalties with which she was thus openly menaced ; and she begged them to think once again, whether it were possible to find any expedient, besides the death of the queen of Scots, for securing the public tranquillity. The parliament, in obedience to her commands, took the affair again under consider- ation ; but could find no other jiosslble expedient. They reiterated their solicitations, and entreaties, and arguments : they even remonstrated, that mercy to the queen of Scots was cruelty to them, her subjects and children: and they affirmed, that it were injustice to deny execution of the law to any individual ; much more to the whole body of the people, now unanimously and earnestly suing for this jilcdge of her paternal care and tenderness. This second address set the pretended doubts and scruples of IClizabeth anew in agitation : she complained of her own unfortunate situation ; ex- pressed her uneasiness from their importunity ; re- newed the professions of affection to her people; and dismissed the committee of parliament in an uncer- tainty, what, alter all this deliberation, might be her final resolution. [See note 4 1, al the end of this Vol.] But though the queen affected reluctance to execute the sentence against Jlary, she complied with the re- quest of parliament in publishing it by proclamation ; and this act seemed to be attended with the unanimous and hearty rejoicings of the jieople. Lord Buckhurst, and Beale, clerk of the council, were sent to the queen of Scots, and notified to her the sentence pronounced against her, its ratification by parliament, and the earnest applications made for its execution by that assembly, wha thought that their religion couhl never, while she was alive, attain a full settlement and secu- rity. JIary was nowise dismayed at this intelligeuco • on the contrary, she joyfully laid hold of the last cir- cunistance mentioned to her ; and insisted, that since her death was demanded by the protestants for the establishment of their faith, she was really a martyr to her religion, and was entitled to all the merits attend- ing that glorious character. She added, that the ICnglish had often embrued their hands in the blood of their sovereigns: no wonder they exercised cruelty against her, who derived her descent from these nio- narchs. I'aulet, her keeper, received orders to take down her canopy, and to serve her no longer with the resjiect due to sovereign princes. He told her thai she was now to be considered as a dead person ; and incapable of any dignity. This harsh treatment pro- duced not in her any seeming emotion. She only i-e- plied, that she received her royal character from the hands of the Almighty, and no earthly power was ever able to bereave her of it. The queen of Scots wrote her last letter to Eliza- beth ; full of dignity, without departing from the spirit of meekness and of charity which appeared suitable to this concluding scene of her unfortunate life. She preferred no petition for averting tlie fatal sentence : on the contrary she expressed her gratitude to Heaven for thus bringing to a sjjeedy period her sad and la- mentable pilgrimage. She requested some favours of Klizabeth, and entreated her that she might be be- holden for them to her own goodness alone, without making applications to those ministers who had disco- vered such an extreme malignity against her person and her religion. She desired, that after her enemies should be satiated Avith her innocent blood, her body, which it was determined should never enjoy rest while her soul was united to it, might be consigned to her servants, and be conveyed by them into France, there to repose in a catholic land, with the sacred relics of her mother. In Scotland, the said, the sepulchres of her ancestors were violated, and the chnrclies either demolished or profaned ; and in England, where she might be interred among the ancient kings, her own and Elizabeth's pro- genitors, she could entertain no hopes of being accom- panied to the grave with those rites and ceremonies which her religion required. She requested that no one might have the power of inflicting a jirivatc death upon her, without Elizabeth's knowledge; but that her execution should be pirblic, and attended by her ancient servants, who might bear testimony of her perseverance in the faith, and of her submission to the will of Heaven. She begged that these servants might afterwards be allowed to depart whithersoever they pleased, and might enjoy those legacies which she should bequeath tliem. And she conjured her to grant these favours, by their near kindi-ed ; by the soul and memory of Henry VII., the common ancestor of both; and by the royal dignity, of which they equally par- ticipated. Elizabeth made no answer to this letter ; being unwilling to give Mary a refusal in her present situation, and foreseeing inconveiiiencies from grant- ing some of her requests. While the queen of Scots thus prepared herself to meet her fate, great efl'orts were made by foreign powers with Elizabeth, to prevent the execution of the sentence pronounced against her. Besides emijloying L'Aubespine, the French resident at London, a crea- ture of the house of Guise, Henry sent over Bellievre, with a professed intention of interceding for the life of JIaiy. I'he duke of Guise and the league at that time threatened very nearly the king's authority; .and Elizabeth knew, that though that monarch might, from decency and policy, think himself obliged to in- terpose publicly in behalf of the queen of Scots, he could not .secretly be much displeased with the death of a princess on whose fortune and elevation his mortal enemies had alw.ays founded so many daring and ambi- tious projects. It is even pretended, that liellicVTe had orders, after making jmblic and vehement remoa- Chap. Xl.U.] ELIZABETfl, 1558—1603. 611 strancos against tlio execution of Mary, to exhort privately the <|ueen, in his master's name, not to defer an act of justice, so necessary for tlicir common safety. But whether tlie French king's intercession were sin- cere or not, it luul no weight witli tlie queen; and she still persisted in her former resolution. INTERPOSITION OF KING JAMES. The interposition of the yoniig king of Scots, though not .ahle to change Elizabetli's determination, seemed, on every account, to nieiit more regard. As soon as James heard of the tiial and condemnation of liis motlier, lie sent sir William Keith, a gentleman of his bedchaniher, to London ; and wrote a letter to the cpicen, in wliieli he remonstrated in veiy severe terms .ngainst the indignity of the procedure. lie said, that lie was astonished to liear of the presumption of English noblemen and counsellors, who had dared to sit in judg- ment and pass sentence upon a queen of Scotland, de- scended from the blood-royal of England ; but he was still more astonished to hear, that thoughts were seri- ously entertained of putting that sentence in e.xeculion : that he entreated Elizabeth to reflect on the dishonour which she would draw on her name by imbruing her h.ands in the blood of her near kinswoman, a person of the same royal dignity, and of the same sex » itli her- self; that in this unparalleled attempt she offered an affront to all diadems, and even to her own ; and by reducing sovereigns to a level with other men, taught the people to neglect all duty towards those whom Providence had appointed to rule over them : that for his part, he must deem the injury and insult so enor- mous, .IS to be incapable of all atonement ; nor was it possible for him thenceforward to remain in any terms of correspondence with a person who, without any pre- tence of leg-al authority, had deliberately inflicted an ignominious death ujion his parent : and that even if the sentiments of nature and duty did not inspire him witli this purpose of vengeance, his honour required it of him ; nor could he ever acquit himself in the eyes of the world, if he did not use every effort and endure every hazard to revenge so gi-eat an indignity. Soon after, James sent the master of Gray and sir Itobert Jlelvil to enforce the remonstrances of Keith ; and to employ with tlie queen eveiy expedient of .argu- ment and men.ices. Elizabeth was at first offended with the sharpness of these applications; and she re- l)lied in a like strain to the Scottish .ambassadors. When she afterwards reflected that this earnestness was no more than what duty required of .I.imes, she was p.acified; but still retained her resolution of exe- cuting the sentence against Mary. It is believed, that the master of Gray, gained by the enemies of that princess, secretly gave liis advice not to spare her, and undertook, in all events, to pacify his master. The queen also, from ni.my con>iderations, was in- duced to pay small attention to the applications of James, and to disregaid all the efforts which he could employ in behalf of his mother. She was well ac- quainted with his character and interests, the factions which prevailed among his peopl ■, and the inveterate hatred which the zealous proteslants, particularly tlie preacher.s, bore to the queen of Scots. The present incidents set these dispositions of the clergy in a full light. James, observing the fixed purpose of Elizabeth, ordered jirayers to be offered up for iM,ary in all the churches; and knowing the caiilious liiimour of the ecclesiastics, he took care that the form of the petitiou should be most cautious, us well as humane and chari- table : "That it might please God to illuiuinate Slary with the light of his truth, and save her from the ap- parent danger with w-hich she w.os threatened." But, excepting the kiug's own chapliiins, and one clergyman more, all the preachers refused to pollute their churches by prayers lor a papist, and would not so much as pre- fer a petitiou for her conversion. James, unwilling or tumble to punish this disobedience, and desirous of ^;iv- ing the preachers an opportunity of amending their fault, appointed a new day when prayers should be said for his mother ; and that he might at least secure him- self from any insult in liis own presence, he desired tlia archbishop of St. Andrews to officiate before him. In order to disappoint this purpose, the clergy insti;'ated oue Couper, a young man who had not yet received holy orders, to take possession of the pulpit early in the morning, and to exclude the prelate. When the king came to church, and saw the pulpit occupied by Coupei-, he called to him from his seat, and told him, that the place was destined for another ; yet since he was there, if he would obey the charge given, and remember the queen in his prayers, he might proceed to divine service. The preacher replied, that he would do as the Spirit of God should direct him. This an- swer sufficiently instructed James in his purjiose; and he commanded him to leave the pulpit. As Couper seemed not disposed to obey, the captain of the guard went to pull him from his place; upon which the young man cried aloud, That this day would be a witness .against the king in the groat day of the Lord ; and he denounced a woe upon the inhabitants of Edinburgh for permitting him to be treated in that manner. The audience at first appeared desirous to take part with him; but the sermon of the prelate brought them over to a more dutiful and more humane disposition. REASONS FOR THE EXECUTION OF JIARY. Elizabeth, when solicited, cither by James or by foreign princes, to pardon the queen of Scots, seemed always determined to execnte the sentence against her : but when her ministers urged her to interpose no more delays, her scruples and her hesitation returned; her humanity could not allow her to euibiace such vio- lent and sanguinary measures ; and she was touched with compassion for the misfortunes, and with respect for the dignity, of the unhappy prisoner. The cour- tiers, sensible that they could do nothing more accept- able to her, than to employ persuasion on this head, tailed not to enforce every motive for the punishment of Jlary, and to combat all the objections urged against this act of justice. They said that the treatment of that princess in England had been, on her first recep- tion, such as sound reason and policy require d ; and if she had been governed by principles of equity, she would not have refused willingly to acquiesce in it: that the obvious inconveniences either of allowing her to retire into France, or of restoring her by force to her throne, iu ojqiosition to the reformers and the English party in Scotland, had obliged the queen to detain her in England till time should offer some opportunity of serving her, without danger to the kingdom, or to the protestant religion : that her usage there had been such as became her rank ; her own servants in considerable numbers had been permitted to attend her; exercise had been allowed her for liealth. and all access of com- pany for amusement ; and these indulgences would in time have been carried further, if by her sniisequent ; conduct she had appeared worthy of them : that after/ she had instigated the rebellion of Northumlierlund/ the conspiracy of Norfolk, the bull of exconimuuicatio/ of pope Pius, an inv.asion from Flanders ; after she h/ seduced the queen's friends, and incited every ener foreign and domestic, against her; it became nccessj to treat her as a most dangerous rival, and to rei^ her confinement more strict and rigorous : that queen, notwithstanding these repeated provoc.atiJ had, in her favour, rejected the importunity of her liamcnts, and the advice of her sagest ministers ; was still, in hopes of her amendment, deterniiuel delay coming to the last extremities against her ; l\ Mary, even in this forlorn condition, retained so hii and unconquerable a spirit, that she acted as comjji titer to the crown, and allowed her partisans every\ where, and in their very letters, addressed to herself,, to treat her .as queen of England : that she luad carried \ 612 THE HISTORY OF ENGLAND [Chap XLII her animosity so far as to encourage, in repeated m- Btaiices, till' atrocious design of assassinating tlio queen j and tliis crime was uufiiiestiunalily proved upon lier by her own letters, by llie evidence of her secretaries, and by the dying confession of lior accomplices : that she was but a titular queen, and at present possessed no- where any right of sovereignty ; much less in England, where the moment she set foot in the kingdom, she voluntarily became subject to the laws, and to Kliza- beth, the only true sovereign : that even allowing her to be still the queen's equal in rank and dignity, self- defence was permitted by a law of nature, which eould never be abrogated ; and every one, still more a queen, bad sufficient jurisdiction over an enemy, who by open violence, and still more, who by secret treachery, threatened the utmost danger against her life : that the general combination of the catholics to exterminate the protestauts was no longer a secret ; and as the sole resource of the latter persecuted sect lay in Elizabeth, so the chief hope whieli the former entertained of final success consisted in the person and in the title of the queen of Scots : that this very circumstance brought matters to extremity between these princesses ; and, rendering the life of one the death of the other, pointed out to Elizabeth the path which either regard to self- preservation, or to the happiness of her people, should direct her to pursue : and that necessity, more power- ful than policy, thus demanded of the queen that reso- lution v.-hich equity would authorize, and which duty prescribed. 15f;7- When Elizabeth thought, that as many impor- tunities bad been used, and as much delay interposed, as decency required, she at last determined to carry the sentence into execution : but even in this final resolu- tion she could not proceed withont displaying a new scene of duplicity and artifice. In order to alarm the vulgar, rumours were previously dispersed that the Spanish fleet was arrived at Milford Haven ; that the Snots had made an irruption into England ; that the duke of Guise was landed in Sussex with a strong army ; that the queen of Scots was escaped from prison, and had raised an army; that the northern counties liad begun an iusui-rection ; that there was a new con- spiracy on foot to assassinate the queen, and set the city of London on fire ; nay, that the queen was actu- ally assassinated. An attempt of this nature was even imputed to L'Aubespine, the French ambassador; and that minister was obliged to leave the kingdom. The queen, affecting to be in terror and perplexity, was observed to sit much alone, pensive and silent ; and sometimes to mutter to herself half-sentences, inipoii- ing the difficulty and distress to which she was reduced. She at last called Davison, a man of parts, but easy to be imposed on, and who had lately for that very reason been made secretary, and she ordered him privately to draw a warrant for the execution of the queen of Scots; which, she afterwards said, she intended to keep by her, in case any attempt should be made for the de- liverance of that princess. She signed the warrant, and then commanded Davison to carry it to the chan- cellor, in order to have the great seal appended to it. Next day she sent Killigrew to Davison, enjoining him to forbear, some time, executing her former orders ; and when Davison came and told her that the warrant had already passed the great seal, she seemed to be somewhat moved, and blamed him for his precipitation. Davison, being in a perplexity, acquainted the council ■with this whole transaction ; and they endeavoured to persuade him to send off Beale with the warrant : if the queen should be displeased, they promised to jus- tify his conduct, and to take on themselves the whole blame of this measure.* The secretary, not sufficiently aware of their intention, complied with the advice; and the warrant was dispatched to the earls of Shrews- • U appeari by some letters publisltwl hy Strypc, vol. Hi. book ii. c. L, tliat i-lirsb-'lh haa not expressly comtnunicau-d her ■nlenlion to anv of her miiiis- tLTs, not even to Unrlei^-h : they were such experienced courtiers, thp.l ilicy knew they could not gratify her more thiin by sewing Iier witllint wiutinc till ihe dcsued tlieuu bury and Kent, and some others, oidering them to SGa the sentence executed upon the queen of Scots. THE EXECUTION. February 7. The two earls came to Fotheriugay castle, and being introduced to JIary, informed her of their commission; and desired her to prepare for dcatli next morning at eight o'clock. She seemed nowise tenifiud, though somewhat surprised, with the intelligence. She said, with a cheerful, and even a smiling countenance, that she did not think the queen, her sister, would have consented to her death, or have executed the sentence against a person not subject to the laws and jurisdic- tion of England. " But as such is her will," said she, " death, which puts an end to all my miseries, shall bo to me most welcome; nor can I esteem that soul wor- thy the felicities of heaven, which cannot suppoit the body under the horrors of the last passage to these blissful m.ansions." She then requested the two noble- men, that they would permit some of her sei-vants, and particularly her confessor, to attend her: but they told her, that compliance with this last demand was contrary to their conscience, and that Dr. Fletcher, dean of Te- terborough, a man of great learning, should be present to instruct her in the principles of true religion. Her refusal to have any conference with this divine inflamed the zeal of the earl of Kent; and he bluntly told her, that her death would be the life of their religion ; as, on the contrary, her life would have been the death of it. Mention being made of Babington, she constantly denied his conspiracy to have been at all known to her ; and the revenge of her wrongs she resigned into the hands of the Almighty. When the earls had left her, she ordered supper to be hastened, that she might have the more leisure after it, to finish the few afl'airs which remained to her in this world, and to prepare for her passage to another. It was necessary for her, she said, to take some suste- nance, lest a failure of her bodily strength .should de- press her spirits on the morrow, and lest her behaviour should thereby betray a weakness unworthy of herself. She supped sjiaringly, as her manner usually was, and her wonted cheerfulness did not even desert her oa this occasion. She comforted her servants under tha affliction which overwhelmed them, and which was too violent for them to conceal it from her. Turning to Burgoin, her idiysiciau, she asked him, Whether he did not remark the great and invincible force of truth? " They pretend," said she, " that 1 must die because I conspired against their queen's life : but the earl of Kent avowed, that there was no other cause of my death, than the apprehensions which, if I should live, they entertain for their religion. Jfy constancy in the faith is my real crime, the rest is only a colour, invented by interested and designing men." Towards the end of supper, she called in all her servants, and drank to them : they pledged her, in order, on their knees, and craved her pardon for any jmst neglect of their duty: she deigned, in return, to ask their pardon for her offences towards them : and a plentifill eS'usion of tears attended this last solemn farewell, and exchange of mutual forgiveness. Mary's care of her servants was the sole remaining affair which employed her concern. She perused her will, in which she had provided for them by legacies : she ordered the inventory of her goods, clothes, and jewels to be brought her ; and she wrote down the names of those to whom she bequeathed each particu- lar: to some she distributed money with her own hands; and she adapted the recompense to their dif- ferent degrees of rank and merit. She wrote also let- ters of recommendation for her servants to the French king, and to her cousin, tlie duke of Guise, whom sh-,- matle the chief executor of her testament. At her wonted time she went to bed ; slept some hours ; and then rising, spent the rest of the night in pi-ayer. Hav- ing foreseen the difficulty of exercising the ritcR of her Chap. XLII ELIZABETH, 1558— 10'03. ol3 religion, she had had trie precaution to obtain a conse- crated liostc from tlio liands of jiope I'iiis; and she had reserved the use of it for this last jicriod of her life. r!y this expedient she snp]:licd, as much as she could, tlie want of a priest and confessor, who was re- fused her. Towards the morning, she dressed herself in a rich habit of silk and velvet, the only one which she liad reserved to herself. She told her maids, that she would willingly have left to them this dress rather than the plain garb which she wore the day before ; but it was necessary for her to ajipear at the ensuing solemnity in a decent habit. Thomas Andrews, sheriff of the county, entered the room, and informed her that the hour was come, and that he must attend her to the place of execution. She replied, that she was ready ; and bidding adieu to her servants, she leaned on two of sir Amias I'aulet's guards, because of an infirmity in her limbs ; and she followed the sheriff with a serene and composed coun- tenance. In passing through a hall adjoining to her chamber, she was met by the earls of Shrewsbury and Kent, sir Amias Paulet, sir Drue Drury, and many other gentlemen of distinction. Here she also found sir Andrew Melvil, her steward, who flung himself on his knees before her ; and wringing his hands cried aloud, " Ah, Sladam ! unhapj>y me ! what man was ever before the messenger of such heavy tidings as I must carry, when I shall return to my native country, and shall report that I saw my gracious queen and mistress beheaded in England ? " Uis tears prevented further speech ; and Marj- too felt herself moved mora from sympathy than atHiction. " Cease, my good ser- vant," said she, " cease to lament ; thou hast causo rather to rejoice than to mourn : for now shalt thou see the troubles of Mary Stuart receive their long- expected period and completion. Know," continued Bhe, "good sei-vant, that all the world at best is vanity, and subject still to more sorrow than a whole ocean of tears is able to bewail. But I pray theo carry this message from me, that I die a tnie woman to my religion, and luialterablo in my affections to Scotland and to France. Heaven forgive them that have long desired my end, and have thirsted for my blood as the hart panteth after the water-brooks. O God," added she, "thou that art the Author of truth, and truth itself, thou knowest the inmost recesses of my lieart : thou knowest that I was ever desirous to jjre- serve an entire union between Scotland and England, and to obviate the source of all these fatal discords. But recommend me, Melvil, to my son, and tell him, that notwithstanding all my distresses, I have done nothing prejudicial to the state and kingdom of Scot- land." After the.se words, reclining herself witli weeping eyes, and face bedewed with tears, she kissed hin:. "And so," said she, "good Jlelvil, farewell : once again, farewell, good Slelvil ; and grant the as- sistance of thy prayers to thy queen and mistress." She ne.xt turned to the noblemen who attended her, and made a petition in behalf of her servants, that they might bo well treated, be allowed to enjoy the presents which she had made them, and be sent safely into their own country, llaving received a favour- able answer, she preferred another request, that they might 1)0 permitted to attend her at her death : in order said she, that their eyes m.ay behold, and their hearts bear witness, how patiently their queen and mistress can submit to her execution, and how con- stantly .she perseveres in her attachment to her re- ligion. The earl of Kent opjiosed this desire, and told lier, that they would be apt by their speeches and cries to disturb both herself and the spectators : he was also apprehensive lest they should practise some superstition not meet for him to suffer ; such as dip- ping their handkerchiefs in her blood : for that was the instance wliieh he made use of. " Jly lord," said the queen of Scots, " I will give my word (although it be but dead) that they shall not incur anv blame in Vol. I. any of the actions which you have named. But, alan ! poor .souls f it would be a great consolation to them to bid their mistress farewell. And I hope," added she, " that your mistiess, being a maiden queen, would vouchsafe in regard of womanhood, that I should have some of my own people about nie at my death. I know- that her nuijesty hath not given you any such strict command, but that you might grant me a request of far greater courtesy, even though I were a woman of inferior rank to that which I bear." Finding that the earl of Kent persisted still in his refusal, lier mind, which had fortified itself against the terrors of death, was affected by this indignity, for which she was not- prepared. "I am cousin to your queen," cried she, "and d>isceuded from the blood-royal of Henry VII., and a married queen of France, and an anointed queen of Scotland." The commissioners, perceiving how invidious their obstinacy would .appear, confeiTed a little together, and agreed that she might carry a few of her servants along with her. She made choice of four men and two maidservants for that purpose. She then passed into another hall, where was erected the scaffold, covered with black ; and she saw with an undismayed countenance the executioners, and all the preparations of death. The room wat crowded with spectators : and no one was so steeled against all sentiments of humanity as not to be moved when he reflected on her royal dignity, considered the surprising train of her misfortunes, beheld her mild but inflexible constancy, recalled her amiable accom- plishments, or surveyed her beauties, which, though faded by years, and yet more by her afflictions, still discovered themselves in this fatal moment. Here the warrant for her execution w.as read to her ; and during this ceremony she was silent, but showed in her behaviour an indifference and unconcern, as if the business had nowise regarded her. Before the e.xecu- tioners performed their office, the dean of Peter- borough stejiped forth ; and tJiough the queen fre- quently told him that he needed not concern himself about her, that she was settled in the ancient catholic and Roman religion, and that she meant to lay down I'.er life in defence of that faith, ho still thought it his duty to persist in his lectures and exhortations, and to endeavour her conversion. The terms which he employed were, under colour of pious initnictione, cruel insults on her unfortunate situation; and besides their own absurdity, may be regarded as the most mortifying indignities to which she had ever yet been exposed. He told her that the queen of England had on this occasion shown a tender care of her ; and not- withstanding the juinishment justly to be inflicted on her for her manifold trespasses, was determined to use every expedient for saving her soul from that de- struction w ith which it was .so nearly threatened : that she was now standing upon the brink of eternity, and had no other means of escaping endless perdition, than by rejienting her former wickedness, by justify- ing the sentence pronoimced against her, by acknow- ledging the queen's favours, and by exerting a true and lively faith in Christ Jesus : that the scriptures were the only rule of doctrine, the merits of Christ the only means of salvation ; and if she trusted in the in- ventions or devices of men, she must expect in an instant to fall into utter darkness, into a place where shall be wee|)ing, howling, and gnashing of teeth : that the hand of death w.as upon her, the axe was laid to the root of the tree, the throne of the great Judge of heaven was erected, the book of her life was spread wide, and the particular sentence and judg- ment was ready to be pronounced upon her : and that it was now, during this important moment, in her choice, either to rise to the resurrection of life, and hear that joyful salutation, " Come, ye blessed of my Father;" or to share the resurrection of condemna- tion, replete with sorrow and anguish ; and to suScf that dreadful denunciation, " Go, ye cursed, into ovor- Iftsting fire." 3 U 5\l THK HISTORY OF ENGLANU. [CuAP. XLir. Dmmg this iliscouiso Mary could not soiiictiiiics forbear botiavinj,' liei- impatience, by intenuptinjr the preacher ; and tlie dean, finding that she had profited nothin:; by liis k-eture, at hist bade lier change licr oi)iniou, repent her of her former Avickedness, and settle her faith upon this ground, that only in Christ Jesus could she hope to bo saved. She answered a"aiu and again, with great caruestuess : "Trouble not yourselfany more about the matter ; for I was born in this religion ; 1 have lived in this leligion ; and in this religion I am resolved to die." Even the two earls perceived, that it was fruitless to harass her any further with tlicological disputes ; and they ordered the dean to desist from his unseasonable ex- hortations, and to pray for her conversion. During the dean's prayer, she employed herself in private de- votion from the office of the Virgin ; and after he had finislicd, she pronounced aloud some petitions in Kug- lish, for the afflicted church, for an end of her own troubles, for her son, and for queen Elizabeth ; and prayed God, tliat that princess might long prosper, and be employed in his service. The carl of Kent ob- serving that in her devotions she made frequent use of the crucifix, could not forbear reproving her for her attachment to that popish trumpeiy, as he termed it ; and he exhorted her to have Christ in her heart, not in her hand. She replied Avith presence of mind, that it was difiicult to hold such an object in her hand without feeling her heart touched with some compunc- tion. She now began, with the aid of her two women, to disrobe herself; and the executioner also lent his hand to assist them. She smiled, and said, that she was not accustomed to undress herself before so large a com- pany, nor to be served by such valets. Her servants seeing her in this condition ready to lay her head upon the block, burst into tears and lamentations : she turned about to them ; put her finger upon her lips, as a sign of imposing silence upon tliem ; and having given tliem her blessing, desired them to pray for her. One of her maids, whom she had appointed for that purpose, covered her eyes with a handker- chief; she laid lierself down without any sign of fear or trepidation ; and her head was severed from her body at two strokes by the executioner. lie instantly held it up to the spectators, streaming witli blood, and agitated with the convulsions of death : the dean of Peterborough alone exclaimed, " So perish all queen Elizabeth's enemies ! " The earl of Kent alone re- plied, " Amen ! " The attention of all the other spec- tators was fixed on the melancholy scene before them ; and zeal and flattery alike gave place to present pity and admiration of the expiring princess. MAEY'S CHARACTER. Thus perished, in the forty-fifth year of her age, and nineteenth of her captivity in England, Mary queen of Scots ; a woman of great accomplishments both of body and mind, natural as well as acqidred ; but un- fortunate in her life, and during one period very un- happy in her conduct. The beauties of her person, and graces of her air, combined to make her the most amiable of women ; and the charms of her address and conversation aided the impression whicli her lovely figure made on the hearts of all beholders. Ambi- tious and active in her temper, yet inclined to cheer- fulness and society ; of a lofty spirit, constant, and even vehement, in her purpose, yet polite, and gentle, and afiablo in her demeanor ; she seemed to partake only so much of the male virtues as to render her estimable, without relinquishing those soft graces which compose the proper ornanir-nt of her sex. In order to form a just idea of her character, wo must 60t aside one part of her conduct, while she ab;indoncd herself to the guidance of a profligate man ; and must congider these faults, wlietlier we admit thera to be imprudences or crimes, as the result of an inexplicable. though not uncommon, inconstancy in the human mind, of the frailly of our nature, of the violence of jiassion, and of the influence which situations, and sometimes momentary incidents, have on persons whose principirs are not thorouglily confirmed by ex- jierience and reflection. Enraged by the uugrateful conduct of her husband, seduced by the treacherous counsels of one in whom she reposed confidence, trans- ported by the violence of her own temper, which never lay sufficiently under the guidance of discretion, she was betrayed into actions which may with some difficulty be accounted for, but wliicli admit of no ajiology nor even of alleviation. An enumeration of her qualities might carry the appearance of a panegy- ric ; an account of her conduct must in some parts wear the aspect of severe satire and invective. Her numerous misfortunes, the solitude of her long and tedious captivity, and the persecutions to which she had been exposed on account of her religion, had wrought her up to a degree of bigotry during her later years ; and such were the prevalent spirit and princi- ples of the age, that it is the less wonder if her zeal, her resentment, and her interest, uniting, induced her to give consent to a design which conspirators, actu- ated only by the first of these motives, had formed against the life of Elizabeth. THE QUEEN'S AFFECTED SORROW. When the queen was informed of Jlary's execution, she aft'ected the utmost surprise and indignation. Her countenance changed ; her speech faltered and failed her ; for a long time her sorrow was so deep that she could not express it, but stood fixed like a statue in silence and mute astonishment. After her grief was able to find vent, it burst out into loud waitings and lamentation ; she put herself in deep mourning for this deplorable event ; and she was seen perpetually bathed in tears, and surrounded only by her maids and women. None of lier ministers or counsellors dared to approach her ; or if any had such temerity, she chased them from her with the most violent ex- pressions of rage and resentment : they had all of them been guilty of an mipardonable crime, in putting to death her dear sister and kinswoman, contrary to her fixed jnirpose, of which they were sufficiently ap- prized and acquainted. No sooner was her sorrow so much abated as to leave room for reflection, than she wrote a letter of apology to the king of Scots, and sent it by sir Kobert Cary, sou of lord Uunsdon. She then told him, that she wished he knew, but not felt, the unutterable grief which she experienced, ou account of that la- mentable accident, which, without her knowledge, much less concurrence, had happened in England : that as her pen trembled when she attempted to Avrite it, she found herself obliged to commit the relation of it to a messenger, her kinsman ; who would likewise inform his majesty of every circumstance attending this dismal and unlooked-for misfortune : that she ap- pealed to the supreme Judge of hearen and earth for her innocence ; and was also so happy, amidst hor other afflictions, as to find that many persons in her court could bear witness to her veracity in this pro- testation : that she abhorred dissimulation ; deemed nothing more worthy of a prince than a sincere and open conduct ; and could never surely be esteemed .so base and poor spirited as that, if she had really given orders for this fatal execution, she could on any con- sideration be induced to deny them : that, though sensible of the justice of the sentence pronounced against the unhappy prisoner, she determined, from clemency, never to carry it into execution ; and could not but resent the temerity of those who on this occa- sion had disappointed lier intention : and tliat as no one loved him more dearly than herself, or bore a more anxious concern for his welfare, she hoped that he would consider every one as his enemy who eu- Chap. XLII.] ELIZABETH, 1558—1603. 515 deavourcJ, on account of tlie present ineidentj to ex- cite any animosity lietwccu tliem. In Older tlie better to appease James, she commit- ti?d Davison to jirison, and ordered him to bo tried in tlio star-clianiber for Ids misdemeanor. Tlie secre- tary «as confounded ; and being sensiblo of the dan- ger wliicli must atteiul liis entering into a contest with Uie queen, he expressed penitence for his error, and submitted very patiently to be railed at by those very counsellors whose persuasion had induced him to in- cur the guilt, and who had promised to countenance and protect him. lie was condemned to imjirisonment during tlie queen's pleasure, and to pay a tine of ten thousand pounds. He remained a long time in cus- tody ; and the fine, though it reduced Iiim to beggary, was rigorously levied upon him. All the favour wluch he could obtain from the queen, was sending him small supplies from time to time to keep him from perish- ing iu necessity. lie privately wrote an .apology to his friend Walsingham, which coiit.iius many curious particulars. The Fi'eneh and Scotch ambassadors, lie said, had been remonstrating with the queen in Slary's behalf; and immcdiiitely after their departure she commanded him, of her own accord, to deliver her the warrant for the execution of that princess. She signed it readily, and ordered it to be sealed with the great seal of England. She appeared in such good humour on the occasion, that she said to him in a jocular niauner, " Go, tell all this to Walsingham, who is now sick : though I fear he will die of sorrow wlien he hears of it." She added, that though she had so long delayed the execution, lest she should seem to be actuated by malice or cruelty, she was all .along sensible of the necessity of it. In the s.ame con- versation she blamed Dniry and Paulet, that they had not before eased her of this trouble ; and she ex- pressed a desire that Walsingham would bring them to compliance in that particular. She was so bent on this purpose, that some time after she asked Davison, whether any letter had come from Paulet with regard to the service expected of him ? DaWson showed her I'aulet's letter, in which that gentleman positively re- fused to act anything inconsistent with the principles of honour and justice. The queen fell into a passion, and accused Paulet as well as Drury of perjury ; he- cause, having taken the oath of association, in which they had bound themselves to avenge her wrongs, they had yet refused to loud their hand on this occa- sion, "but others," she said, "will be found less scrupulous." Davison adds, that nothing but the con- sent and exhortations of the whole council could have engaged him to send off the warrant : ho was well aw.are of his danger ; and remembered that the queen, after having ordered the execution of the duke of Nor- folk, had endeavoured, in a like manner, to throw the whole blame and odium of that action upon lord Burleigh. £liz.abeth's dissimulation was so gross that it could deceive nobody who was not previously resolved to bo blinded; but as James's concern for his mother was certainly more sincere and cordi.al, he diseovi-red the highest resentment, and refused to admit Gary into his presence. He recalled his ambassadors from J^ugland; and seemed to breathe nothing but w.ir and vengeance. The states of Scotland being assembled, took part in his anger ; and professed that they were ready to spend their lives and fortunes in revenge of his mother's death, and in defence of his title to the crown of England. Many of the nobility instigated him to take arms: lord Sinclair, when the courtiers appeared in deep mourning, presented himself to the king, arrayed in complete armour, and said, that this was the proper mourning for the queen. The catho- lics took the opportunity of exhorting James to make an .allLance with the king of Spain, to lay immediate claim to the crown of England, and to prevent the ruin which, from his mother's ex.tmiile, ho might conclude would certainly, if Elizabeth's power pre- vailed, overwhelm his ])erson and his kingdom. The queen was sensible of the danger attending these counsels; and after allowing J,imes some decent inter- val to vent his griofaml o.nger, she employed her emis- saries to pacify him, and to set before liim every mo- tive of hope or fear which might induce Lim to live in amity with her, Walsingham wrote, (4th March,) to lord Thirlstone, James's secretary, a judicious letter to the same pur- pose. He said, That he was much surprised to hear of the violent resolutions taken in Scotland, and of the passion discovered by a prince of so much judgment ■and temper as James : that a war, founded merely on the principle of revenge, and tli.at too on account of an act of justice which necessity had extorted, would for ever be exposed to censure, and could not be excused by any principles of equity or reason : that if these views were deemed less momentous among princes, policy and interest ought certainly to bo attended to; and these motives did still more evidently oppose all thoughts of a rupture with Elizabeth, and all revival of exploded claims to the English throne : that the inequality be- tween the two kingdoms deprived James of any hopes of success, if he trusted merely to the force of his own state, aud had no recourse to foreign powers for assist- ance : that the objections attending the introduction of succours from a more potent monarch appeared so evident from all the transactions of histoiy, that they could not escape a person of the liing's extensive knowledge ; but there were, in the present case, se- veral peculiar circumstances, which ought for ever to deter him from having recourse to so dangerous an ex- pedient : that the French monarch, the ancient ally of Scotland, might willingly use the assistance of that kingdom against Eni;land ; but would be displeased to see the union of these two kingdoms iu the person of James ; a union which would ever after exclude him from practising that policy formerly so useful to the French, and so pernicious to the Scottish nation ; that Henry, besides, infested with faction and domestic war, was not in a condition of supporting distant allies ; much less would he expose himself to any hazard or expense, in order to aggrandize a near kinsman of the house of Guise, the most determined enemies of his re- pose and authority : that the extensive power and ex- orbitant ambition of the Spanish monarch rendered him a still more dangerous ally to Scothand ; and as he evidently aspired to an universal monarchy in the west, and had in particular advanced some claims to England, as if he were descended from the house of Lancaster, he was at the same time the common enemy of all princes who wished to maintain their independ- ence, aud the immediate rival and competitor of the Iving of Scots : that the queen, by her own naval power and her alliance with the Uollandcrs, would probably intercept all succours which might be sent to James from abroad, and be enabled to deeid(; the controversy in this islaud, with the superior forces of her own kingdom, opposed to those of Scotland : that if the king revived his mother's pretensions to the crown of ' England, he must also embrace her religion, by which alouo they could be justiiicd; and must thereby under- go the infamy of abandoning those principles in which he had been strictly educated, and to which he had hitherto religiously adhered : that as he would, by such an apostasy, totally alienate .all the protestants in Scotland and England, he could never gain the confi- dence of the catholics, who would still entertain rea- sonable doubts of his sincerity : that by advancing a present claim to the crown, he forfeited the certain prospect of his succession, and revived that national animosity which the late peace and alliance between the kingdoms had happily extinguished : that the whole gentry and noliility of England had openly de- clared themselves for the execution of the queen of Scots; and if James showed such violent resentment against that act of justice, they would bo obliged, for tlicir own security, to prevent for c\ er so implacable a 616 THE HISTORY OF ENGLAND. [CuAP. XLII prince from ruling over tlicin : nml that, ]iowcver 801110 pei-soiis might represent his honour as cnsnged to seek vengeance for the present aftVont anil injury, the true honour of a princo consisted in wisdom and moderation and justice, not in following the dictates of blind passion, or in pursuing revenge at the expense of every motive and every interest. These considera- tions, joined to the peaceable, unambitious temper of the young prince, jirevailed over his resentment ; and lie fell "r-adiially into a good correspondence with the court of England. It is probable that the queen's thief object in Iier dissimulation witli regard to the VlIICl vi.'H-v.' ••• ••^* -^ . _Q-. _ execution of Mary, was, that she might thereby aft'or,. James a decent pretence for renewing his amity with lior, on which their mutual interest so much depended. DRAKE DESTROYS THE FLEET AT CADIZ. While Elizabeth ensured tr.anqnillity from the at- tempts of her nearest neighbour, she was not negli- gent of more distant dangers. Hearing that Philip, though he seemed to dissemble the daily insults and injuries which he received from the English, was se- cretly preparing a great navy to attack her, she sent sir Francis Drake with a fleet to intercept his supplies, to pillage his coiist, and to destroy his shipping. Driike carried out four capital ships of tlie queen's, and twenty-si-x great and small, with which the Lon- don mercliants, in hopes of sharing in the plunder, luad supplied him. Having learned from two Dutch ships, whicli he met with in his passage, th.at a Spanish fleet, richly laden, was lying at Cadiz, ready to set sail for Lisbon, the rendezvous of the intended Armada, he bent his course to the former harboui-, and boldly, as well as fortunately, made an attack on the enemy. lie obliged six galleys, which made head against him, to take shelter under the forts ; he bnrneil about a hun- dred vessels laden with ammunition and naval stores ; and he destroyed a great ship of the marquis of Sinta Croce. Thence he set sail for Capo St. Vincent, and took by assault the castle situated on that promontory, with three other fortresses. He next insulted Lisbon; and finding that the merchants, who had engaged en- tirely in expectation of profit, were discontented .at these military enterprises, he set sail for the Terceras, with an intention of lying in wait for a rich carrack wliich was expected in those parts. He was so fortu- nate as to meet with his prize; and by this short ex- pedition, in which the public bore so small a share, the adventurers were encouraged to attempt further enterprises, the English seamen learned to despise the great unwleldly ships of the enemy, the naval prepara- tions of Spain were destroyed, tlie intended expedition against England was retarded a twelvemonth, and the queen thereby had leisure to take more secure mea- sures against that formidable invasion. This year, Thomas Cavendish, a gentleman of Devonshire, who had dissipated a good estate by living at court, being resolved to repair his fortune at ■• the expense of the Spaniards, fitted out three ships at Plymouth, one of a hundred and twenty tons, another of sixty, and a third of forty ; and with these sm.all ves- sels he ventered into tlie South Sea, and committed great depredations on the Sp.aniards. He took nineteen vessels, some of which were richly laden ; and return- ing by the Capo of Good Hope, he came to Loudon, and entered the river in a kind of triumph. His mariners and soUliers were clothed in silk, his sails were of damask, bis top-sail cloth of gold ; and his prizes were esteemed the richest that had been brought into England. The land enterprises of the English were not, during this campaign, so advantageous or honourable to the nation. The important place of Deventer was in- trusted by Leicester to WiUi.am Stanley, with a gar- rison of twelve hundred English ; .and this gentleman, being a catholic, wiis al.armed at tlie discovery of Ba- bluKtou's conspiracy, and became apprehensive lest every one of his religion should thencefortli be treated with distrust in England. Ho entered into a corre- spondence with the Spaniards, bctraye I the city to them for a sura of money, and engaged the whole gar- rison to desert with him to the Spanish service. Ro- land York, Avho commanded a fort near Zutplien, imitated his example ; and the Hollanders, formerly disgusted with Leicester, and suspicious of the English, broke out into loud complaints against the improvi- dence, if not the treachery, of his administration. Soon after he himself arrived in the Low Countries ; but his conduct was nowise calculated to give them satisfac- tion, or to remove the susiiicions whicli they had en- tertained against him. The princo of Parma having besieged Sluys, Leicester attempted to relieve the place; first by sea, then by land; but failed in both enterprises ; and as he ascribed his bad success to the ill behaviour of the Hollanders, they were equally free in reflections upon his conduct. The breach between them became wider every da}' : they slighted his au- thority, opposed his measures, and neglected his coun- sels; while he endeavoured, by an imperious be- haviour and by violence, to recover that influence which ho had lost by his imprudent and ill-concerted measures. He was even suspected by the Dutch of a design to usurp upon their liberties ; and the jealousy entertained .against him began to extend towards the queen herself. That princess had made some advances towards a peace with Spain : a congress had been opened at Bourbourg, a village near Graveline : and though the two courts, especially that of Spain, had no other intention than to amuse each of them its enemy by negociation, and mutually relax the pre- parations for defence or attack, the Dutch, who were determined on no terms to return under the Spanisii yoke, became apprehensive lest their liberty should be sacrificed to the political interests of England. ]jut the queen, who knew the importance of her alliance with the States during the present conjuncture, was resolved to give them entire satisfaction, by recalling Leicester, and commanding him to resign his govern- 11 ent. JLaurico, son of the late prince of Orange, a youth of twenty years of ago, was elected by the States governor in his place ; and Peregrine lord Willougliby was appointed by the queen commander of the English forces. The measures of these two generals were much embarrassed by the malignity of Leicester, who liad left a faction behind him, and who still attempted, by metins of his emissaries, to disturb all the operations of the States. As soon .is Elizabeth received intelli- gence of these disorders, she took care to redress them; and she obliged all the partisans of England to fall into unanimity with prince Maurice. But though her good sense so far prevailed over her partiality to Leicester, she never could be made fully sensible of his vices and incapacity : tlie submissions which he made her restored him to her wonted favour; and lord Buckhurst, who had accused him of misconduct in Holland, lost her confidence for some time, and was even committed to custody. Sir Christopher Hatton was another Axvourite who at this time received some marks of her partiality. Though he had never followed the profession of the law, he was made chancellor in the place of Bromley, deceased ; but, notwithstanding all the expectations and perhaps wishes of the lawyers, he beh.aved in a manner not unworthy of that high station : his good natural ca- pacity supplied the place of experience and study ; and liis decisions were not found deficient either in point of equity or judgment. His enemies had contributed to this promotion, in hoi)CS tliat his absence from court, while he attended the business of chancery, would gra- dually estrange the queen from him, and give them an opportunity of undermining him in her favour. PHILIP rRO.TECTS THE INVASION OF ENGLAND. 1588. These little intrigues and cabals of the court wexo CiiAP XLTI.] ELIZABETH, 15-38—1603. an lilkMiced Ly the account whicli canio from all quaitors, of tlio vast preparations iiKule liy the Spaniards for tlie invasion of Kngland, and for the entire conqnest of that kingdom. Philip, though he had not yet declared w,ar, on ."iccount of the Iiostilities which Elizaheth everywhere comniilted upon him, had long harboured a secret and violent desire of revenge against her. His ambition also, .and the hopes of extending his em- pire, were much encouraged by the present prosperovis etate of his ail'airs, by tlie conquest of Portugal, the acquisition of the East Indian commerce and settle- ments, and the yearly importation of vast treasures from America. The point on which he rested his liighest glory, the perpetual object of his policy, was to support orthodoxy and exterminate heresy ; and as the power and credit of Elizabeth were the chief bul- wark of the protestants, he hoped, if he could subdue that princess, to acquire the eternal renown of re-unit- ing the whole Christian world in the catholic com- munion. Above all, his indignation ag;iinst liis re- volted subjects in the Netherlands instigated him to attack the English, wlio had encouraged tliat insurrec- tion, and wliO, by their vicinity, were so well enabled to support the Hollanders, that he could never hope to reduce these rebels while the power of tliat kingdom remained entire and unbroken. To subdue England seemed a necessary preparative to the re-establishment of his authority in the Netherlands ; and notwithstand- ing appearances, the former was in itself, as a more important, so a more easy undertaking than tlie latter. That kingdom lay nearer Spain than tlie Low Coun- tries, and was more exposed to invasion from that quarter ; after an enemy had once obtained entrance, the difficulty seemed to he over, as it was neither forti- fied by art or nature; a long pe.ice had deprived it of all military discipline .and experience ; and the catholics, in whicli it still .abounded, would be ready, it was hoped, to join any invader who should free them from those persecutions under whicli they laboured, and should revenge the deatli of the queen of Scots, on whom they had fixed all their affections. The fate of England must be decided in one battle at sea, .nnd .an- other at land: and what conip.arison between the Eng- lish and Spaniards, either in point of naval force, or in the numbers, reputation, and veter.an bravery of their Armies ? Besides the acquisition of so great a king- dom, success against England ensured tlie immediate fiithjection of the Hollanders, who, attacked on every hand, and deprived of all support, must yield their stuhhorn necks to that yoke which they had so long resisted. Happily this conquest, as it w.os of the titmost importance to the grandeur of Sp.ain, would not at present be opposed by the jealousy of other powers, naturally so much interested to prevent the success of tlie enterprise. A truce was lately con- cluded with the Turks ; the empire was in the hands of a friend and near ally ; and France, the perpetual rival of Spain, was so torn with intestine commotions, that she had no leisnre to pay attention to her foreign interests. Tliis favourable opportunity, therefore, which might never again present itself, must be seized, and one bold effort made for acquiring that ascendant in Europe, to which the present greatness and pros- perity of the Spaniards seemed so fully to entitle them. THE INVINCIBLE ARMADA. Tliesc hopes and motives engaged Philip, notwith- ntanding his cautious temper, to undertake thishaz.ard- ous enterprise ; and though the prince, now created by the pope duke of Parma, when consulted, opposed the attempt, at least represented the necessity of pre- viously getting possession of some sea-port town in the Netherlands, which might afi"ord a retreat to the Spa- uish navy, it was determined by the catholic nion.arch to proceed immediately to the execution of tliis ambi- tiouR project. Dining some time he had been secretly m.aking preparations ; hut as soJn ,is tltu resolution was fully taken, e\ery part of his vast empire i-e- sounded with the noise of armaments, and all liis mi- nisters, generals, and admirals, were employed in for- warding the design. The marquis of Santa Croce, a sea-ofticer of great reputation and experience, w.as destined to command the fleet ; and by his counsels were the naval equipments conducted. In all the ports of Sicily, Naples, Spain, and I'ortug.al, artisans were employed in building vessels of uncommon size and force ; naval stores were bought at a great ex- pense ; provisions amassed ; armies levied and quar- tered in the maritime towns of Spain ; and plans laid for fitting out such a fleet and embarkation as had never before had its equal in Europe. The military preparations in Flanders were no less formidable. Troops from all quarters were every moment assem- bling, to re-enforce the duke of Parma. Capizuchi and Spinelli conducted forces from Italy: the marquis of Borgaut, a prince of the house of Austria, levied troops in Germany: the Walloon and Burgundian regiments were completed or augmented : the Spanish infantry was supplied with recruits ; and an army of thirty-four thousand men w,as assembled in the Nether- lands, and kept in readiness to be transported into England. The duke of Parma employed all the car- penters whom he could procure, either in Flanders or in Lower Germany, and the coasts of the Baltic : and he built at Dunkirk and Newport, but especially at Antwerp, a great number of boats and flat-bottomed vessels, for the transporting of his infantry and ca valry. Tlie most renowned nobility and princes of Italy and Spain were ambitious of sharing in the honour of this great enterprise. Don Amadicus of Savoy, don John of Medicis, Vespasian Gonzaga, duke of Sabionetta, and the duke of Pastrana, hastened to join the army under the duke of Parma. About two thousand volunteers in Spain, many of them men of family, had enlisted in the service. No doubts were entertained, but such vast preparations conducted by officers of such consummate skill, must finally bo successful. And the Spaniards, ostentatious of their power, and elated with vain hopes, had already deno- minated their- navy the Inmncible Armada. PREPARATIONS IN ENGLAND. News of these extraordinary preparations soon re.ached the court of London ; and notwithstanding the secrecy of the Sp.anish council, and their pre- tending to employ this force in the Indies, it was easily concluded, that they meant to make some eSort against England. The queen had foreseen the inva- sion ; and finding that she must now contend for her crown with the whole force of Spain, she made pre- parations for resistance; nor was she dismayed with that power by which all Europe apprehended she must of necessity be overwhelmed. Her force indeed seemed very unequal to resist so potent .an enemy. All the sailors in England amounted at th.at time to about fourteen thousand men. The size of the Eng- lish shipping was in general so small, that, except a few of tlie queen's ships of war, there were not four vessels belonging to the merchants whicli exceeded four hundred tons. The royal navy consisted only of twenty-eight sail, many of which were of small size ; none of them exceeded the bulk of our largest fri- gates, and most of them deserved rather the name of pinnaces than of ships. The only advant.ago of the English fleet consisted in the dexterity and courage of the seamen, who, being accustomed to sail in tempes- tuous seas, and expose themselves to all dangers, as much exceeded in this particular the Spanish mariners, as their vessels were inferior in size and force to those of that nation. All the commercial towns of England were required to furnish ships for re-enforcing thia small navy ; and they discovered on the present occa- sion great alacrity in defending their liberty and ro- I 618 THE HISTORY OF ENGLAND. [Chap XLTI Ugion ngaiiist those iniminont perils witli ivliicli they •were menaced. The citizens of Lomhin, in oidor to show their zeal in the common cnnse, instead of fif- teen vessels which they were commanded to equip, voluntarilv fitted out doiililo the numher. The gentry nnd nobility hired, and armed, and manned, forty- three ships at their own charge; and all the loans which the queen demanded were frankly granted by the persons applied to. Lord Howard of Eftingham, a man of courage and ca]i.iiity, was admiral, and took on him the command of the navy : llrake, Hawkins, nnd Froliislier, the most renowned sean\en in Europe, served under him. The principal fleet was stationed nt riymonth. A smaller squadron, consisting of forty vessels, ICnglish and Flemish, was commanded by lord Seymour, second sou of protector Somerset; and lay off Dunkirk, in order to intercept the duke of Parma, The land forces of England, compared to those of Spain, possessed contrai-y qualities to its naval power : they were more niimerous than the enemy, but much interior in discipline, reputation, and experience. An nrniy of twenty thousand men was disposed in different bodies along the south coast ; and orders were given them, if they could not prevent the landing of the Spaniards, to retire backwards, to waste the country around, and to wait for rc-enforcement from the neigh- bouring counties, before they approached the enemy. A body of twenty-two thousand foot, and a thousand horse, under the command of the earl of Leicester, was stationed at Tilbury, in order to defend the capi- tal. The princip.il ai'niy consisted of tliirty-fonr thou- sand foot and two thousand horse, and was com- manded by lord Ilunsdou. These forces were reserved for "naiding the queen's person, and were appointed to march whithersoever tlie enemy should appear. The fate of England, if all the Spanish armies should be able to land, seemed to depend on the issue of a single battle ; and men of reflection entertained the most dismal apprehensions, when they considered the force of fifty thousand veteran Spaniards, commanded by experienced officers, \inder the duke of Parma, the most consummate gener.il of the age ; and compared this formidable armament with the military power, which England, not enervated by peace, but long dis- used to war, could muster up against it. The chief support of the kingdom seemed to consist in the vigour and prudence of the queen's conduct; ■who, imdismaycd by the present dangere, issued all her ordei-s with tranquillity, animated lier people to a steady resistance, and employed eveiy resource which either her domestic situation or lier foreign alliances could afford her. She sent sir Eobert Sidney into Scotland, and exhorted the king to remain attached to her, and to consider the danger which at present me- naced his sovereignty no less than her own, from the ambition of the Spanish tyrant :* the ambassador found James well disposed to cultivate a union with Eng- land; and that prince even kept himself prepared to march with the force of his whole kingdom to the assistance of Elizabeth. Her authority with the king of Denmark, and the tie of their common religion, engaged this monarch, upon her application, to seize a squadron of ships which Philip had bought or hired in the Danish harbours : the Hanse Towns, though not at that time on good terms with Elizabeth, were in- duced by the same motives to retard so long the equipment of some vessels in their ports, that they became useless to the purpose of invading England. AU the protestants throughout Europe regarded this enterprise as the critical event, which was to decide for ever the fate of their religion ; and though un- able, by reason of their distance, to join their force to that of Elizabeth, they kept their eyes fixed on her conduct and fortune, and beheld with anxiety, mixed * She mftde him suDC pnozUct vhidb ibe nervr fuii^Jlo], to g:v^ bun a &ik»jarein Keeond, wiui sujLaKc Ur.da and rovi^-.-.e. ut scitk £5.000 a jnr OB him. and (av him a {n^anl. for tbe afccy of hij penon. From a with admiration, the intrepid countenance with which she encountered that dre.tdful tempest which was every moment advancing towards )ior. The queen also was sensible that, next to the ge- neral popul.arity which she enjoyed, nnd the conii. dence which her subjects reposed in her prudent go- vernment, the firmest support of her throne consisted in the gener.il zeal of the people for the protestant re- ligion, and the strong prejudices which tlioy had im- bibed against popery. She took care, on the jo-oseut occasion, to revive in the nation this attachment to their own sect, and this abhorrence of the opposite. The English were rciuindod of their former danger from the tyranny of Spain ; all the barbarities exer- cised by Jlary against the protestants were ascribed to the counsels of that bigoted and imperious nation : the bloody massacres in the Indies, the unrelenting executions in the Low Countries, the horrid cruelties .and iniquities of the inquisition were set before men's eyes : a list and description was published, and pic- tures dispersed, of the several instruments of torture with which, it was pretended, the Spanish Armada was loaded : and every artifice, .as well as reason, was em- ployed to animate the people to a vigorous defence of their religion, their laws, and their liberties. But while the queen, in this critical emergence, roused the animosity of the nation against popery, she treated the p.trtisans of that sect witli moderation, .and g.ave not way to an undistinguishing fury .igainst them. Though she knew that Sixtus Quintus, the present pope, famous for his capacity and his tyranny, had fulminated a new bull of excommunication ag.ainst her, bad deposed her, had absolved her subjects from their oaths of allegiance, had published a crns.ade against England, and had granted plenary indulgences to every one engaged in the present invasion; she would not believe that all her catholic subjects could be so blinded, as to sacrifice to bigotry their duty to their sovereign, and the liberty and independence of their native country. She rejected all violent counsels, by which she was urged to seek pretences for dispatch- ing the leaders of that p.arty : she would not even con- fine any considerable number of them : and the ca- tholics, sensible of this good usage, generally expressed great zeal for the public service. Some gentlemen of that sect, conscious that they could not expect any trust or authority, entered themselves as volimteers in the fleet or army : some equipped ships at their own charge, and gave the comm.and of them to protestants : others were active in animating their tenants, and vassals, and neighbours, to the defence of their coun- try : and every rank of men, Imrying for the present all party distinctions, seemed to jaep-are themselves with order as well as vigour to resist the violence of these invaders. The more to excite the martial spiiit of the nation, the queen appeared on horseback in the camp at Tilbury ; and ridiug through the lines, discovered a cheerful and animated countenance, exhorted the sol- diers to remember their duty to .their country and their religion, and professed her intention, though a woman, to lead them herself into the field against the enemy, and rather to perish in battle than survive the ruin and slavery of her people. [See note 4 K, at the end of this Vol.] By this spirited behaviour she re- vived the tenderness and admiration of the soldiery : an attaclvment to her person became a kind of enthu- siasm among them : and they asked one another. Whether it were possible that Englishmen could aban- don this glorious cause, could display less fortitude than appeared in the female sex, or could ever by any dangers be induced to relinquish the defence of their heroic princess ? The Spanish Armada was ready in the beginning of May ; but the moment it was preparing to sail, the marquis of Santa Croce, the admiral, was seized with a fever, of which ho soon after died. The vice- admiral, the duke of Paliano. by a strange concurrence chjp. xur.] ELIZABETH, 1558—1603. of acciilenfs, at tlie vcrv saiiie timo siifTcrcd tlie same fate ; and tlic king ainiointod for admiral tlic duke of Medina Sidonia, a iiolileman of f;icat family, but un- experienced in action, and entirely iinacquainted with Bea affairs. Alcarede was apiiointed vice-admiral. This iBisfortuiio, besides the loss of so f;reat an ofHcer as Santa Crocc, retarded the sailing of the Armad.a, and gave tlio English more time for their preparations to oppose them. At last the Spanish fleet, full of hopes and alacrity, set sail from Lisbon; (20(h May;) but next day met «ith a violent tempest, which scattered the shijis, sunk some of the smallest, and forced the rest to take shelter in the Groine, where they waited till they could be refilted. When news of this event was carried to England, the queen concluded that the design of an invasion was disappointed for this sum- mer ; and being always ready to lay hold on every pretence for saving money, she made Walsingliani fl-rite to the admiral, directing him to lay up some of the larger ships, and to discharge the seamen : but lord Effingh.ani, who was not so sangiiine in his hopes, used the freedom to disobey these orders; and he begged leave to retain all the ships in service, though it should be at his own expense. He took advantage of a north wind, and sailed towards the coast of Spain, with an intention of att.acking the enemy in their harbours ; but the wind changing to the south, ho be- came apprehensive lest they might have set sail, and by p.assing him at sea, invade England, now exposed by the absence of the fleet. lie returned, therefore, with the utmost expedition to riymouth, and lay at anchor in that harbour. Aleanwhile, all the damages of the Armada were repaired; and the Spaniards with fresh hopes set out ng;iin to sea, in prosecution of their enterprise. The fleet consisted of a hundred and thirty vessels, of which near a hundred were galleons, and were of greater size than any ever used before in Europe. It carried on board nineteen thousand two hundred and ninety-five soldiers, eight thousand four hundred and fixty-six mariners, two thousand and eighty-eight galley-slaves, and two thousand six hundred and thirty great pieces of brass ordnance. It was victualled for six months ; and was attended by twenty lesser ships, called caravals. and ten salves with six oars a-piece. THE ARMADA ARRIVES IN THE CHANNEL. Ju!;/ 19. The plan foniied by the king of Spain was, that the Armada should sail to the coast opposite to Dunkirk and Newport ; and having chased aw.ay all English or Flemish vessels, which might obstruct the passage, (for it was never supposed they could make opposition,) slioulj join themselves with the duke of Parma, should thence make sail to the Th.imes, and, having landed the whole Spanish army, thus complete at one blow the entire conquest of England. In prosecution of this scheme, I'hilip gave orders to the duke of Medina, that in p,assing along the Channel, ho should sail as near the coast of France as he could with safety ; that Le should by this policy avoid meeting with the Eng- lish fleet; and, keeping in view the main enterprise, should neglect all smaller successes, which might prove an obstacle, or even interpose a delay to the acquisition of a kingdom. After tlie Armada was under sail, they took a fisherm.an, who informed them that the English .admiral h.ad been lately at sea, had heard of the tempest which scattered the Armad.a, had retired b.ack into riymouth, and, no longer expect- ing an invasion this season, had laid up his ships, and discluarged most of the se.amen. From this false in- telligence the duke of Medina conceived the great facility of attacking and destroying the English ships in harbour ; and he was tempted by the prospect of 60 decisive an adv.intago to break his orders, and make sail directly for I'lymouth a resolution which proved the safety of England, The Lizard was the first land made by the Armad.a, about sunset; and as the Sjjaniards took it for the Ram-head near riy- mouth, they bore out to sea with an iutention of re- turning next day, and attacking the English navy. They were descried by Fleming, a Scottish pirate, who was roving in those seas, and who immediately set sail to inform the English admiral of their approach: an- other fortunate event which contributed extremely to the safety of the fleet. Effingham had just time to get out of port, when he saw the Spanish Arm.ada coming full sail towards him, disposed in the form of a crescent, and siretehing the distance of seven miles from the extremity of one division to that of the other. The writers of that age raise their style by a pom- pons descrijition of this spectacle; the most magnifi- cent that had ever appcmd upon the ocean, infusing equiil terror and admiration into the minds of all be- holders. The lofty masts, the swelling sails, and the towering prows of the Spanish galleons, seem imjiossi- blc to he justly painted, but by assuming the coloura of poetry : and an eloquent historian of Italy, in imita- tion of Camden, has asserted, that the Ainiada, though the ships bore every sail, yet advanced with a slow motion ; as if the ocean groaned with sujiporting, and the winds were tired with impelling, to enormous a weight. The truth, however, is, that the largest of the Spanish vessels would scarcely pass for thiid rates in the present navy of England ; yet they were so ill flamed, or so ill governed, that tliey were quite un- weildy, and could not sail upon a wind, nor tack on occasiou, nor be numaged in stormy wealher by the seamen. Neither the mechanics of ship-building, nor the experience of mariners, had attained so great per- fection as could serve for the security and government of suck bulky vessels ; and the English, who had already had experience how iinserviceable they com- monly were, beheld without dismay their tremendous appearance. EfHngham gave orders not to come to close figlit with the Spaniards ; whore the size of the ships, he suspected, and the numbers of the soldiers, would be a dis.advantage to the English ; but to cannonade tlicui at a distance, and to wait the opportunity which winds, currents, or various accidents, must afl'ord him, of in- tercepting some scattered vessels of the enemy. Nor was it long before the event answered expectation. A great ship of Biscay, on board of which was a consider- able part of the Spanish money, took fire by accident ; and while all hands were employed in extinguishing the flames, she fell behind the rest of the Armada: tlie great galleon of Andalusia was detained by the spring- ing of her mast: and both these vessels were taken, after some resistance, by sir Francis Drake. As the Armada advanced up the Channel, the English hung upon its rear, and still infested it with skirmishce. Each tri.il .abated the confidence of the Spaniards, and added courage to the English; and the latter soon found, that even in close fight the size of the Spanish ships was no advantage to them. Their bulk exposed them the more to the fire of the enemy ; while their cannon, placed too high, shot over the heads of the English. The alarm having now reached the co.ast of England, the nobility and gentry hastened out with their vessels from every harbour, and re-enforced the admiral. The earls of Oxford, Northumbcrlaud, and Cumberland, sir Thomas Cecil, sir Robert Cecil, sir Walter Raleigh, sir Thomas Vavasor, sir Thomas Geri.ard, sir Charles Blount, with many others, dis- tinguished themselves by this generous and disinter- ested service of their county. The English fleet, .after the conjunction of those ships, amounted to a hundred and forty sail. The Ai-mada had now reached Calais, and cast an- chor before that iilacc; in expectation that the duke of Paini.a, who had gotten intelligence of their ap- proach, would put to sea and join his forces to them. The English admiral practised here a successful sti-a- •VJO THE HISTORY OF ENGLAND. [Chap. XLII. taecm upon tl.c Spaniards. Ho took eight of his Ei.Vallor sl.irs, a..y laws moved with- out her privity, to bereave her of the honour attending these regulations. The issue of this matter was the same that attended all contests between Elizabeth and her parliaments. She seems eren to have been more imperious in this particular than her predecessors, at least her more remote ones ; for they often permitted the abuses of purveyance [See note 4 X, al the end of this Vol.] to be redressed by law. Edward III., a very arbitrary prince, allowed ten several statutes to be enacted for that purpose. In so great awe did the commons stand of every courtier, as well as of the crown, that they durst use no freedom of speech which they thought would give the least oflence to any of them. Sir Edward Hobby showed in the house his extreme giief, tliat by some great personage, not a member of the house, he had been sharply rebuked for speeches delivered in parlia- ment: he craved the favour of the house, and desired that some of the members might inform that great personage of his true meaning and intention in these speeches. The commons, to obviate tliese inconveni- ences, passed a vote that no one should reveal the se- crets of the Iiouse.* EXPEDITION AGAINST PORTUGAL. The discomfiture of the Armada had begotten in the nation a kind of enthusiastic passion for enterprises against Spain ; and nothing seemed now impossible to be achieved by the valour and fortune of the English. Don Antonio, prior of Crato, a natural son of the royal family of Portugal, trusting to the aversion of his countrymen against the Castilians, had advanced a claim to the crown ; and flying first to France, thence to England, had been encouraged, both by Henry and Elizabeth, in his pretensions. A design was formed by the people, not the court, of England, to conquer the kingdom for don Antonio: sir Francis Drake and sir John Norris were the leaders in this romantic enter- prise : near twenty thousand voluntecrsf enlisted them- selves in the service ; and ships were hired, as well as arms provided, at the charge of the adventurers. The queen's frugality kept her from contributing more than sixty thousand pounds to tlie expense; and she only allowed si.x of her ships of war to attend the expedition. There was more spirit and bravery, than foresight or prudence, in the conduct of this enterprise. The small stock of the adventurers did not enable them to bny eitl.er provisions or ammunition suflieient for such an undertaking; they even wanted vessels to stow the numerous volunteers who crowded to them ; and they were obliged to seize by force some ships of the Ilanse Towns, which they met with at sea : an ex- pedient which set them somewhat more at ease in point of room for their men, hut remedied not the de- ficiency of their provisions. Had they sailed directly to Portugal, it is believed that the good-«ill of the people, joined to the defenceless state of the country, might have ensured them of success: b\it hearing that great preparations were making at the Croino for the inv;ision of England, they were induced to go thither, and destroy this new armament of Spain. They broke into the harbour, burned some ships of war, particu- larly one commanded by Recalde, vice-admiral of Spain ; tlioy defeated an army of four or five thousand men, which w.is assembled to oppose them ; they as- saulted the Groine, and took the lower town, which they pillaged ; and they would have taken the higher, though • An •« waa passed this session, tnforcinff the former statute, which im- pojeU twenty pounds a month on c^ery one absent from public worship; but the penally •.v.is rMtrictcd to two-ihlrds of the income of the rri:usAnt. £9 FJ!'iabi-iIi.cap.6 T Birch's Memoirs of Queen Elisabeth, Tol. i. p. 61. Mnnson. p. 267. irt^ that there were only fourteen thousand soldiers and four ilioosand seamen in ttie whole of thts espedition ; but tlie account coutained in Ur. bircU is given by one of the most considerable of the adseolurert. Vol. I. well fortified, had they not found their amnmnition and provisions beginning to fail them. The young earl of Essex, a nobleman of promising hopes, fired with the thirst of military honour, who had secretly, un- known to the queen, stolen from England, here joined the adventurers; and it was then agreed by commoi; consent to make sail for Portugal, the main object of their enterprise. The ICnglish landed at Paniche, a sea-port town, twelve leagues from Lisbon : and Norris led the army to thatcapital, while Drake undertook to sail up the li- ver, and attack the city with united forces. By this time the court of Spain had gotten leisure to prepare against the invasion. Forces were thrown into Lisbon : the Portuguese were disarmed: all su.^pected persons were taken into custody : aud thus, though the inhabitants bore great affection to don Antonio, none of them durst declare in favour of the invaders. The English army, however, made themselves masters of the sub- urbs, which abounded with riches of all kinds; but as they desired to conciliate the afl'ectious of the Por- tuguese, aud were more intent on honour than profit, they observed a strict discipline, and abstained from all plunder. Meanwhile they found their ammunition and provision much exhausted; they had not a single cannon to make a breach in the walls; the admiral had not been able to pass some fortresses which guarded the river ; there was no appearance of an insurrection in their favour ; sickness, from fatigue, hunger, and intemperance in wine and fruits, had seized the army, so that it was found necessary to make all possible haste to re-embark. They were not pursued by the enemy; and finding at the mouth of tlie river sixty ships laden with naval stores, they seized them as law- ful prize, though they belonged to the llanse Towns, a neutral power. They sailed thence to Vigo, which they took and burned ; and having ravaged the country around, they set sail and arrived in England. Above half of these gallant adventurers perished by sickness, famine, fatigue, and the sword ; and England reaped more honour than profit from this extraordinary en- terprise. It is computed that eleven hundred gentle- men embarked on board the fleet, and that only three Imndred and fifty survived those multiplied disasters. When these ships were on theii- voyage homewards, they met with the earl of Cumberland, who was out- ward bound with a fleet of seven sail, all equipjjcd at his own charge, except one ship of war «hich the queen had lent him. That nobleman supplied sir Francis Drake with some provisions ; a generosity which s.aved the lives of many of Drake's men, but for wliich the others afterwards suft'ered severely. Cum- berland sailed towards the Terceras, and took several prizes from the enemy ; but the richest, valued at a hundred thousand pounds, perished in her return, with all her cargo, near St. iliehaers Mount in Cornwall. Jlany of these adventurers were killed in a rash at- tempt at the Terceras: a great mortality seized the rest ; and it w.is with difficulty that the few hands which remained were able to steer the ships back into harbour. AFFAIRS OF SCOTLAND. Though the signal advantages gained over the Spa- niards, and the spirit thence infused into the English, gave Elizabeth great security during the rest of her reign, she could not forbear keeping an anxious eye on Scotland, whose situation rendered its revolutions al- ways of importance to her. It might have been ex- pected, that this high-spirited princess, who knew so well to brave danger, would not have retained that malignant jealousy towards her heir, with which, during the lifetime of Mary, she had been so much agitated. James had indeed succeeded to all the claims of his mother ; but he hail not succeeded to the favour of the catholics, which could alone render these claims .km- gerout. ; and as the queen was now well advanced ia 3 X S22 THE HISTORY OF ENGLAND. [Chap. XLIII, years, nnd enjoyed an Tincontiollca antliority over her BnLjeels,it was not likely tliat tlie king of Scots, who was of an iiiilok>nt, nnanibitions temper, wonld ever give her any disturbanee in lier possession of the tlnono. Yet all these circnnistances could not remove her ti- niorons snspicions : and, so far from satisfying the na- ] tiou by a settlement of the succession, or a declaration of James's title, she -nas as anxious to prevent every in- cident M-hich might anywise raise his credit, or procure hiui the regard of the English, as if he had been her immediate rival and competitor. Most of his ministers and favom-ites were her pensioners; and as she was desirous to hinder him from marrying and having child- ren, shf obliged them to throw obstacles in the way of every alliance, even the most reasonable, which could be oifered him ; and during some years she succeeded in this malignant policy, lie had fixed on the elder daughter of the king of Denmark, who, being a remote prir.ce, and not powerful, could give her no unibrago ; yet did she so artfully cross this negoeiation, that the Danish monarch, imjiatient of delay, married his daugli- ter to the duke of Brunswick. James then renewed liis suit to the younger princess, and still found ob- stacles from the intrigues of Elizabeth, who, merely with a view of interposing delay, proposed to him the sister of the king of Navarre, a princess much older than himself, and entirely destitute of fortune. Tlie young king, besides the desire of securing himself by the prospect of issue, from those traitorous attempts, too frequent among Ins subjects, had been so watched by the rigid austerity of the ecclesiastics, that he l;ad another inducement to marry, which is not so usual with mon.archs. His impatience therefore broke through .all the politics of Elizabeth : the articles of marriage were settled : the ceremony was performed by proxy ; and the princess embarked for Scotland ; but was driven by a storm into a port of Norw.ay. Tlii.s tempest, and some others, which happened near the same time, were universally believed in Scotland and Denmark to have proceeded from a combination of the Scottish and Dan- ish witches ; and the dying confession of the criminals was sujiposed to put tlie accusation beyond all con- troversy. James, however, though a great believer in sorcery, was not deterred by this incident from taking a voyage in order to conduct his bride home ; he arrived in Norway ; carried the queen thence to Copenhagen ; and having ]iassed the winter in that city, he brought her next spring to Scotland, where they were joyfully received by the people. The clergy alone, who never neglected an opportunity of vexing their prince, made opposition to the queen's coronation, on account of the ceremony of anointing her, which they alleged wa.? either a Jewish or a popish rite ; and therefore utterly antichristian and unlawful. But James was as much bent on the ceremony as they were .averse to it ; and after much controversy, and many intrigues, hisautlio- rity, which had not often happened, at last prevailed over their opposition. CHAPTER XLIII. Fi^ench Afffiirs Murder of the Duke of Guise Murder of Henry III. rrogress of Henry IV. Naval Knterptises against Spain A Parlia- ir.etit Henry IV. embi aces the Catholic Kelih'ion Scotch Affairs Njival Enterprises A I'arliament I'eace of Vervins The Karl of Ksae:^ 1590 A ■'^'^'^^ ^ state of great anxiety and many dif- ' J\. ficulties, Elizabeth had at length reached a situation where, tliongh her affairs still required atten- tion, and found enii>loyment for lier active spirit, she was removed from all danger of any immediate revolu- tion, and miglit regard the efforts of her enemies with some degree of confidence and security. Her suocess- ful and prudent administration had gained her, togutlier with the admiration of foreigners, the affections of her own subjects ; and after the death of the quecu ov Scots, even the catholics, ho\vc\'er discontented, pro- tended not to dispute her title, or adhere to any other person as her competitor. James, curbed by his tac- tions nobility and ecclesiastics, possessed at home very little authority ; and w.as soliciions to remain on good terms with Elizabeth and the English nation, in hopes tliat time, aided by his patient tianquillity, wonld se- cure him tliat rich succession to which his birth en- titled him. The Hollanders, though overmatched iu their contest with Spain, still made an obstinate resist- ance ; and such was their uneonqiieiable antipathy to their old masters, and such the prudent conduct of young JIaurice, their governor, that the subduing of that small teri-itory, if at all possiblt^ must be the work of years, and the result of many and great successes, Philip, who, in liis powerful effort against England, had been transported by resentment and ambition be- yond his usual cautious maxims, was now disabletl, and still more discouraged, from adventuring again on such hazardous enterprises. The situation also of affairs in France began chiefly to employ his attention ; but not- withstanding all his artifice, and force, .and expense, the events in that kingdom proved every day more contrary to his expectations, and more favourable to the friends and confederates of England. FRENCH AFFAIRS. Tlie violence of the league having constrained Henry to declare war against the hugonots, these religionistfi seemed exposed to the utmost danger ; and Elizabeth, sensible of the intimate connexion betw cen her own in- terests and those of that party, had supported the king of Navarre by her negocititious in Germany, and by largo sums of money, which she remitted for levying forces in that country. This great prince, not discou- raged by the superiority of liis enemies, took tlie field ; and in the year 1587 gained, at Coutras, a complete vic- tory over the army of the French king; but as his allies, the Germans, were at the same time discomfited by the army of the league, under the duke of Guise, his situation, notwithstamling his victory, seemed still as desperate as ever. The chief advantage which lie reaped by this diversity of success arose from the dis- sensions which by that means took place among his enemies. The inhabitants of Paris, intoxicated with admiration of Guise, and strongly prejudiced against their king, whose intentions had become suspicious to them, took to arms, and obliged Henry to fly tor his safety. That prince, dissembling his resentment, en- loicil into a negoeiation with the league; and having cenferredmauy high offices on Guise and his partisans, summoned an assembly of the states at Blois, on pre- tence of finding expedients to support the intended war against the hugonots. The various scenes of per- fidy and cruelty, which had been exhibited in France, had justly begotten a mutual diffidence among all parties ; yet Guise, trusting more to-the timidity than honour of the king, rashly put himself into the hands of that monarch, and expected by the ascendant of his own genius, to make him submit to .all his exorbitant pretensions. Henry, though of an easy disposition, not steady to his resolutions, or even to his promises, w.anted neither courage nor cap.acity; and finding all his subtleties eluded by the vigour of Guise, and even his throne exposed to the most imminent danger, he embraced more violent counsels than were natur.al to him, and ordered that prince and his brother, the car- dinal of Guise, to be assassinated in his palace. This cruel execution, which the necessity of it alone could excuse, hatl nearly provetl fatal to the author, and seemed at first to plunge him into greater d.augeis than those which he sought to avoid by taking ven- geance on his enemy. The partisans of the league were inflamed with the utmost rage against him : the populace everywhere, particularly at Paris, reiioanceJ Chap. XLIl].] ELIZABETH, 1558—1603. 023 nllpjjianco to liim: (lie ecclesiastics and tlio prcacli- eiT. filleit all places ivitli execrations a<;ainst his name : and the most powerful cities and most opnlent pro- vinces appeared to combine in a resolution, either of renouncing monarchy, or of changing tlieir monarch. JIURDER OF HENRY THE THIRD. Henry, finding slender resonrcea against his catholic subjects, was constrained to enter into a confederacy witli the hugonots and the king of Navarre : he en- listed large bodies of Swiss infantry and German cavalry : and being still supported by his chief nobility, he assembled by all these means an army of near forty thousand men, and advanced to the gates of Paris, ready to crush the league, and subdue all his enemies. The desperate resolution of one man diverted the course of these great events. Jacques Clement, a Dominican friar, inflamed by that bloody spirit of bigotry which distinguishes this century, and a great part of the following, beyond all ages of tlie world, embraced the resolution of sacrificing his own life, in order to save the church from the persecutions of an heretical tyrant ; and, being admitted, under some pre- text, to the king's jiresence, he gave that prince a mortal wound, and nas immediately put to death by the courtiers, who hastily revenged the murder of their sovereign. This memorable incident happened on the first of August, 1589. The Icing of Navarie, next heir to the crown, as- sumed the government by the title of Henry IV., but succeeded to much greater difficulties than those which surrounded his l>redcccssor. The prejudices enter- tained against his religion, made a great part of the nobility immediately desert him ; and it was only by liis promise of hearkening to conferences and instruc- tion, that he could engage any of the catholics to ad- here to his undoubted title. The league, governed by the duke of Mayenne, brother to Guise, gathered a new force, and the king of Spain entertained views, either of dismembering the French monarchy, or of annexing the whole to his own dominions. In these distressful circumstances Henry addressed himself to Elizabeth, and found her well-disposed to contribute to his assistance, and to oppose the progress of the catholic le.nguc and of Philip, her inveterate and dan- gerous enemies. To prevent the desertion of his Swiss aud German auxiliaries, she made him a present of twenty-two thousand pounds, a greater sum than, as he declared, he had ever seen before : and she sent him a re-enforcement of four thousand men, under lord AVilloughby, an officer of reputation, who joined the French at Dieppe. Strengthened by these sup- plies, Henry marched directly to Paris ; and having taken the snbmbs sword in hand, he abandoned them to bo pillaged by his soldiers. He employed this body of English in many other enterprises; and still found re.ason to piaise their courage aud fidelity. The time of their service being el.apsed, he dismissed them with many liigh commendations. Sir William Drury, sir Thomas l!.-iskerville, and sir John Boroughs, acquired ri'pulation in this campaign, and revived in Franco the aucicntfamo of English valour. PROGRESS OF HENRY THE FOURTH. The .army, which Henry next campaign led into the field, was much inferior to that of the league ; but as it w.as composed of the chief nobility of France, he feared not to encounter his enemies in a pitched battle at Yvree, and he gained a complete victory over them. This success enabled him to blockade Paris, and he re- duced that capital to the last extremity of famine: when the duke of Parma, in consequence of orders from Philip, marched to the relief of the league, and obliged Henry to raise the blockade. Having pcr- /bnued this important service, he retreated to the Low Countries ; .and, by his consninniato skill in tlie art of war, performed these long marches in the face of tJie enemy, without affording the French monarch that op- portunity wliich ho souglit, of giving him battle, or so much as once putting his army in disorder. Tlie only loss which he sustained was in tho Low Countries, where piince Slaurice took advantage of his absence, and recovered some places wliich the duke of Parma har^^J 71^ ■i/if 'r-V/rc/ti'// O //^t:.:~^<'/ijr^/' y Chap. XLIII.] ELIZABP:TH. 15.58-)603. &2i. troops, whom sir Francis A'erc broiiglit from the Ne- •tliprlanrls. The earl of Ksscx, commander-in-chief both of tlie land and sea forcos, was at the head of one 6<]uadron; lord Thomas Ilowai'd was appointed vice- admiral of anotlior; sir Walter Kaleijjli of the third : lord Monntjoy commanded the land forces under Es- sex ; Vere was ajipointed niarslial ; sir (leorf^e Carew lieutenant of the ordnance, and sir Cliristopher Blonnt first colonel. The carls of Ilutland and Southampton, the lords Gray, Croniwel, and liicli, with several other persons of distinction, cmharUed as volunteers. Essex declai'ed his I'esolntion eithertodestroy the now Armada which threatened En!jIand,or to perisli in the attempt. This powerful fleet set sail from Plymouth ; (Uth July;) hut were no sooner out of harbour than they met with a furious storm, which shattered and dis- pci-scd them ; and before they could be refitted, Essex found that their provisions were so far spent, tliat it would not be safe to carry so nmnerous an army along with him. i le dismissed therefore all the soldicrs,except the thousand veterans under A'cre ; and laying aside all thoughts of attacking Eerrol or the Groine, ho confined the object of bis expedition to the interception of the Indian fleet ; which had at first been considered only as the second enterprise which he was to attempt. The Indian fleet in that ago, by reason of the imper- fection of navigation, had a stated course as well as sea- son both on their going out and in their return; and there were cei'tain islands at which, as at fixed stages, tlicy always touched, and where tlicy took in water and j)rovisions. The Azores being one of these places where about this time the fleet was expected, Esse.\ bout his course thither ; and he informed Raleigh, that he, on his arrival, intended to attack Fayal, one of these islands. By some accident the squadrons were sepa- rated ; and Raleigh arriving first before Fayal, thought it more prudent, after waiting some time for tho general, to begin tho attack alone, lest the inhabitants should by further delay have leisure to make prepara- tions for their defence. lie succeeded in the enter- prise ; but Essex, jealous of Raleigh, expi-essed great displeasure at his conduct, and construed it as an inten- tion of robbing tho general of the glory which attended that action: he cashiered therefore Sydney, Bret, Berry, and others, who had concurred in the attem]»t; and would have proceeded to inflict the same punish- ment on Raleigh himself, had not lord Thomas Howard interposed with his good offices, and persuaded Raleigh, though high-spirited, to mal;e submissions to the ge- neral. Essex, who was placable as well as hasty and passionate, was soon apiieased, and botli received Ra- leigh into favour, and restored the other officers to their commands. This incident, however, though the quar- rel was seemingly accommodated, laid the first founda- tion of that violent animosity which afterwards took place between these two gallant commanders. Essex made next a disposition proper for intercept- ing the Indian galleons ; and sir William Jlonson, whose station was the most remote of the fleet, having fallen in with them, made the signals which had been agreed on. That able officer, in his Memoirs, ascribes Essex's f;iilure, v.hon he was so near attaining so mighty an advantage, to his want of experience in seamanship; and the account which he gives of the errors committed by that nobleman appears very reasonable, as well as candid. The Spanish fleet, finding that the enemy was upon them, made all the sail possible to the Terceras, and got into the safe and well-fortified harbour of An- gra, before the Englisli fleet could overtake them. Es- sex intercepted only three .ships; which, however, were so i-icii as to repay all tlie charges of the expedition. The causes of tho miscarriage in this enterprise were much canvassed in England, upon the i-eturu of tho fleet ; and though the courtiers toolc part dift'erently, as they effected eitlier Essex or Raleigh, the people in ge- neral, who bore an extreme regard to the gallantry, apirit, and generosity of the former, were inclined to iiistifv every circumstance of his conduct. The queen, Voj . 1 who loved tho one as much as she esteemed the other, maintained a kind of neutrality, and endeavoured to share her favoins with an impartial hand between the parties. Sir Itobert Cecil, second son of lord Burleigh, was a courtier of promising hopes, niueli connected with Raleigh ; and she made him secretary of state, preferably to sir Thomas Bodloy, whom Essex recom- mended for that oflico. But not to disgust Essex, she promoted him to the dignity of earl-marshal of l-^ngland ; an office which had been vacant since the death of the carl of Shrewsbury. Esse.v might perceive from this conduct, that she never intended to gjve him the entire ascendant over his rivals, and might thence learn the necessity of moderation and caution. But his temper was too high for submission; his beliaviour too open and candid to practise the arts of a court ; and his free sallies, while they rendered him but more amiable in the eyes of good judges, gave his enemies many advantages against him. 'i'he war with Spain, though successful, having ex- hausted the queen's exchequer, she was obliged to as- semble a parliament; (24th October;) where Yelverton, a lawyer, was chosen speaker of tho house of commons. [Sec note iq, at the end of this Vol.] Elizabeth took care, by the mouth of sir Thomas Egcrton, lord-keeper, to inform this assembly of the necessity ol'asuiiply. She said, That the wars formerly waged in Europe had com- monly been conducted by the parties without further view than to gain a few towns, or at most a jnovince, from each other; but the object of the present hos- tilities, on the part of Spain, was no other than utterly to bereave England of her religion, her hberty,and her independence : that these blessings, however, she her- self had hitherto been able to preserve, in sjiite of tho devil, the pope, and the Spanish tyrant, and all the mischievous designs of all her enemies : that in this contest she had disbursed a sum triple to all the par- liamentary supplies granted her; and, besides expend- ing her ordinary revenues, had been obliged to sell nniny of the crown lauds : and that she coidd not doubt but her subjects, in a cause where their own honour and interest were so deeply concerned, would willingly contribute to such moderate taxations as should be found necessary for the common defence. The parlia- ment granted her three subsidies and six fifteenths ; the same supply which had been given four years be- fore, but which had then appeared so imiis'ual, that they had voted it should never afterwards be regarded as a precedent. The commons, this session, ventured to engage in two controversies about forms with the house of peers ; a prelude to those encroachments which, as they assumed more courage, they afterwards made upon the preroga- tives of the crown. They complained, th.at the lords failed in civility to them, by receiving their messages sitting, with their hats on ; and that the keeper returned an answer in the same negligent posture ; but the up- per house proved, to their full satisfaction, that they were not entitled by custom and the usage of parlia- ment to any more respect. Some amendments had b(^en made by the lords to a bill sent up by the com- mons ; and these amendments were written on parch- ment, and returned with the bill to the commons. The lower house took umbrage at the novelty: they pretended that these amendments ought to have been written on paper, not on parchment ; and they complained of this innovation to the peers. The peers rei)lied, that they expected not such a frivolous objec- tion from tho gravity of the house ; and that it was not nuitcrial whether the amendments were written on Iiarchment or on paper, nor whether the paper were white, black, or brown. The commons were offended with this reply, which seemed to contain a mockery of them ; and they complained of it though witliout ob- taining any satisfaction. An a[)plication was made, by way of petition, to the queen from the lower house, gainst monopolies; an abuse which had arisen to an enormous height ; and 630 THE HISTORY OF ENGLAND [Chap XLIIL they received a gracious, though a general answer, for which they returned their thankful acUuowledguicuts. But not to give tlieni too much cucouragtiiient in such applications, she told thorn, in the speech whidi she delivered at their dissolution, "Tliat witli regard to these patents, she lioped tluit her dutiful and loving subjects would not take away her prerogative, which Is tlie chief flower in her garden, and the principal and head pearl in her crown and diadem ; but tliat tlicy would ratlier leave tlicse matters to iier disposal. The commons also took notice, this session, of some trans- actions in the court of liigh commission ; but not till they had iireviously obtained permission from hor ma- jesty to tliat ]>urpose. linS. Elizal)etli had reason to foresee that parlia- mentary supplies woidd now become more necessary to her tliaii ever ; and that tlie chief burden of tlie war with Spain would thencefortli lie upon England. Henry had received an overture for peace with Philip; but before lie would proceed to a negociation, he gave intelligence of it to his allies, tlic queen, and the States, that if possible a general pacification might be made by common agreement. These two powers sent ambas- sadors to France in order to remonstrate against peace : the queen, sir Robert Cecil, and Henry Herbert ; the States, Justin Nassau, and John Barnevelt. Henry said to these ministers. That his early education had been amidst war and danger, and he had passed the whole course of his life either in arms or in military prepara- tions: that .after the jn-oofs which he had given of hisalac- rit^i in the field, no one could do\ibt but he would willing- ly,for his part, liave continued in a course of life to which lie was now habituated, till the common enemy were re- duced to such a condition as no longer to give umbrage either to him or to his allies: that no private interests of his own, not even those of his people, nothing but the most invincible necessity, could ever induce him to think of a separate ])eace with Philip, or make Uini em- brace measures not entirely conformable to the wishes of all his confederates : that his kingdom, torn with the convulsions and civil wars of near half a centvr.y, required some interval of repose, ere it could reach a condition in which it might sustain itself, much more support its allies : that after the minds of his subjects were composed to tranquillity, and accustomed to obedience, after his finances were brought into order, and after agriculture and the arts were restored, France, instead of being a burden, as at present, to her confederates, would be able to lend them effectual suc- cour, and amply to rei)ay thmi all the assistance which she iiad received during her calamities : and that, if the ambition of Spain would not at present grant tlicni Buch terms as they should think reasonable, he hoped that in a little time he should attain such a situation as would enable him to mediate more effectually, and with more decisive authority, in their behalf. PEACE OF VEUVINS. The ambassadors were sensible that these reasons were not feigned ; and they therefore remonstrated with the less vehemence against the measures which they saw Henry was determined to pursue. The States knew that that monarch was interested never to permit their final ruin : and having received private assurances that he woidd still, notwithstanding tlie peace, give them assistance both of men and money, they were well pleased to remain on terms of amity with him. His greatest concern was to give satisfaction to Eliza- beth for this breach of treaty. He had a cordial esteem for that princess, a sympathy of manners, and a grati- tude for the extraordinary favours which he had re- ceived from her during his greatest difficulties : and he used every expedient to ajiologize and atone for that measure which necessity extorted from him. Put as Spain refused to treat with the Dutcli as a free state, and Elizabeth would not negoeiate without her ally, Henrj- found himself obliged to conclude at Yervins a sep.arato peace, by wh.ich he recovered possession of all places seized by Spain during the course of the civil wars, and procured to himself leisure to jnirsue the do- mestic settlement of liis kingdom. His capacity for the arts of jjcaco was not inferior to his military talent.s; and, in a little time, by his frugality, order, and vise government, he raised France from the desolation and misery in ivhich she was involved, to a more flonrisli- ing condition than she bad ever before enjoyed. Tlie queen knew tliat she could also, whenever she pleased, finish the war on equitable terms; and that Philip, having no claims upon her, would be glad to free himself from an enemy who had foiled him in every contest, and who still had it so much in her power to make him feel the weight of her .anus. Some of her wisest counsellors, jiarticularly the treasurer, .advised her to embrace pacific measures ; and set be- fore her the advantages of tranquillity, security, and fru- gality, as more considerable than any success which could attend the greatest victories. But this high- .spirited princess, though at first adverse to war, seemed now to have attained such an ascendant over the ene- my, that she was unwilling to stop the course of her prosperous fortune. She considered that her situation .and her past victories had given her entire security against any dangerous invasion ; and the war must tiienceforth be conducted by sudden enterprises and naval expeditions, in which she possessed an undoubted su])eriority : that the weak condition of Philip in the Indies, opened to her the view of the most durable ad- vantages ; and the yearly return of his treasure by sea, aflbrded a continual jirospeet of important, though more teinponiry, successes : that, after his peace with France, if she also should consent to an accommoda- tion, he would be able to turn his whole force against the revolted provinces of the Netherlands, which, though they had surprisingly increased their power by commerce and good government, were still unable, if not sujqiorted by their confederates, to maintain war against so potent a monarch : and that, as her defence of that connnonweaUh was the original ground of the quarrel, it was unsafe as well as dishonourable to abandon its cause, till she had placed it in a state of greater security. THE EARL OF ESSEX. These reasons were frequently inculcated on hor by the earl of Essex, whose jiassion for glory, as well as his military talents, made him earnestly desire the con- tinuance of war, from which ho expected to reap so niiicli advantage and distinction. The rivalship be- tween this uubleman and lord liiii-leigli made each of them insist tlie more strenuously on his own counsel ; but as Essex's person was agreeable to the queen, as well as his advice conformable to her inclinations, the favouiite seemed daily to acquire an ascendant over the minister. Had he been endowed with caution and selt-cominand equal to his shining qnalilies, he would have so rivetted liimself in the queen's confidence, that none of his enemies had ever been ablp to impeach his credit. Uut his lofty spirit could ill submit to that implicit deference which her temper required, and which she had ever been accustomed to receive from all her subjects. Being once engaged in a disjiuto with her about the choice of a governor for Ireland, ho was so heated in the argument, that ho entirely forgot the rules both of duty and civility; and tinned his back upon her in a contemptuous manner. Tier anger, naturally prompt and violent, rose at this pro- vocation ; and she instantly gave him a bo.x on the ear; adding a passionate expression suited to his im- pertinence. Instead of recollecting himself, and ma- kini' the submissions due to her sex and station, ho clapped bis hand to his sword, and swore that ho would not bear such usage, were it from Henry VIII. himself; and he immediately withdrew from court. Egerton the chancellor, who loved Essex, exhorted him to repair liis indiscretion, by proper ackuowledj Cn/ip. XLIV.] EI.TZARRTH, 1558—1603. 631 niptits; and cntroaloil hira not to give that triumiili to his enemies, that afHiction to liis friends, wliich must ensue from his snppoitin;^ a contest with liis sovo- rei^'U, and deserting tlio s^ervico of his country : but Essex was deeply stung with tlio dishonour which he had received ; and seemed to tliinlc that an insult whicli miglit bo pardoned in a woman, was become a mortal attVont wlion it came from his sovereign. " If the vilest of all indignities," said he, " is done me, does religion enforce me to sue for pardon ? Doth God require it? Isitimpiety not todo it? AVIiy ? Cannot princes err? Cannot subjects receive wrong? Is aneartldy power in- finite ? Pardon me, my lord, I can never subscribe to these principles. Let Solomon's fool laugh when he is stricken : let those that mean to make their profit of princes, show no sense of princes' injuries: let Ihem acknowledge an infinite absoluteness on earth, that do not believe an absolute infiniteness in he.iven," (allu- ding prob.ably to tlie character and conduct of sir Waiter Kaleigh, who lay \inder the reproach of im- piety.) " As for me," continued he, " I have received wrong, I feel it : my cause is good, I know it; and, whatsoever happens, all the powers on earth can never exert more strength and constancy in oppressing, than I can show in suffering everything tliat can or shall be imposed upon me. Your lordship, in the beginning of your letter, makes me a player, and yourself a looker-on : and me a player of my own game, so you may see more than I : but give mo leave to tell you, tiiat since you do but see, and I do sufltr, I must of necessity feel more tlian you." [See note 4 R, at the end of this Vol.'\ This spirited letter was shown by Essoxto his friends ; and they were so imprudent as to disperse copies of it : yet notwithstanding this additional provocation, the queen's partiality was so prevalent, that she reinstated him in his former favour; and her kindness to him appeared rather to h.ave acquired new force from this short interval of anger and resentment. The death of Burleigh, his antagonist, which happened about the same time, (4th August,) seemed to ensure him con- stant possession of the queen's confidence; and nothing indeed but his own indiscretion could thenceforth liave shaken his well-established credit. Lord Burleigh died in an advanced age ; and by a rare fortune was equally regretted by his sovereign and the iicople. lie had risen gradually from small beginnings, by the mere force of merit; and though his autliority was never entirely absolute or uncontrolled with the queen, ho was still, during the course of near forty years, regarded as her principal minister. None of her other inc linations or .affections could over overcome her con- fidence in so useful a counsellor ; and as he had had the generosity or good sense to pay assiduous court to her during her sister's reign, when it was dangerous to appear her friend, she thought herself bound in gratitude, when she mounted the throne, to persevere in her attachments to him. He seems not to have possessed any shining talents of address, eloquence, or imagination; and was chiefly distinguished by solidity of understanding, probity of manners, and indefatigable apjdication in business : virtues which, if they do not al- ways enable a man to attain high stations, do certainly qualifyhim for filling them. Ofall the queen's ministers, he alone left a considerable fortune to his posterity ; a fortune not acquired by rapine or oppression, but gained Ijy the regular profits of his offices, and preserved by fiaigality. The hist act of this able minister was the concluding of a new treaty with the Dutch, (fith August,) who, after being in some measure deserted by the king of France, were glad to preserve the queen's alliance, by submitting to any terms wliich she pleased to require of thorn. The debt which they owed her was now settled at eight hundred thousand pounds : of tliis sum they agreed to pay, during the war, thirty thousand pounds a year ; and these payments were to continue till four hundred thousand pounds of the debt should be extinguished. They engaged also, during the timp. that England should continue the war with Spain, lo pay the garrisons of the cautionary towns. They sti- pulated, that if Spain should invade England, or the Isle of Wight, or Jersey, or Scilly, they should assist her with a body of five thousand foot, and five hundred horse ; and that in case she undertook any n.aval arma- ment against Spain, they should join an equal number of ships to hers. IJy this treaty the queen was eased of an annual charge of a hundred and tw enty thousand pounds. Soon after the death of Burleigh, the queen, who re- gretted extremely the loss of so wise and faithful a minister, was informed of the death of her capital enemy, Philip II., who, after languishing under many iniirmities, expired in an advanced age at Madrid. This haughty prince, desirous of au accommodation with his revolted subjects in the Netherlands, but dis- daining to make in his own name tlio concessions necessary for that purpose, had transferred to his daughter, married to archduke Albert, the title to the Low Country provinces; but as it was not expected that this princess could have any posterity, and as the reversion on failure of her issue was still reserved to the crown of Spain, the States considered this deed only as the change of a name, and they persisted with equal obstinacy in their resistance to the Spanish arms. The other powers also of Europe made no distinction between the courts of Brussels and Madrid; and the secret opposition of France, as well as the avowed efforts of England, continued to operate against the progress of Albert, as it had done against that ot Philip. CHAPTEH XLIV. Stare of Irt'hnd Tjrone's Rebellion Essex sent over to Irtrland TTa ill Success Returns to England Is disgraced Hia Inlrigxics ■ His Insurrection His Tiial and Execution Fp.nch Alfair»^^ Mountjoy's Success in Ireland Defeat of the Spanisli and Irish A Parliament Tyrone's Submission Queen's Sickness and Deaths- Character. STATE OF IRELAND. 1509. THOUGH the dominion of the English over Ireland had been seemingly established above four cen- turies, it may safely be affirmed, th.at their authority had hitherto been little more than nominal. The Irish princes and nobles, divided among themselves, readily jiaid the exterior marks of obeisance to a power which they were not able to resist; but as no durable force was ever kept on foot to retain them in their duty, they relapsed still into their former state of independence. Too weak to introduce order and obedience among tho rude inh.ahitants, the English authority was yet suffi- cient to check the gi-owth of any enterprising genius among the natives: and though it could bestow no truo form of civil government, it wa.s able to pievent the rise of any such form, from the internal combination or jiolicy of the Irish. Most of the English institutions likewise by which that island was governed, were to the last degree ab- surd, and such as no state before had ever thought of, for preserving dominion over its conquered provinces. Tlie English nation, all on fire for the project of sub- duin" Fr;ince, a project whose success was the most iiii]irobable, and would to them have proved the most pernicious, neglected all other enterprises, to which their situation so strongly invited them, and which in time would have brought them an accession of riches, gr.andcur, and security. The small army which they maintained in Ireland they never suiqilied regularly with pay ; and as no money could bo levied on the i.sland, which possessed none, they gave their soldieri tlie privilege of free quarter upon the natives. Hapiue <;32 THE HISTORY OF ENGLAND [Chap. XLU. and insolence inflamed tlie hatred wliicli ])revailed be- tween the conijiicvors and the conqiici-od ; ^\ant ot sccuritv among the Irish, intro(hiein.!; despair, nou- rislicd still more the sloth natural to that uncultivated "^IJi'it the F-nglish can-icd further their ill-judged ty- ranny. Instead of inviting the Irish to adopt the more civilized customs of their conquerors, they even refused, tlioufjh earnestly solicited, to communicate to them the jjrivilege of their laws ; and everywhere marlied them out as aliens and as enemies. Thrown out of the ])rotection of justice, the natives could find no security hut in force; and Hying the neiglihourhood of cities, whicli they coidd not approach with safety, thev slieltei-ed themselves in their marshes and forests from the insolence of tlicir inhuman masters. lieing treated like wild beasts, they became such ; and joining tlie ardour of revenge to their yet untamed barbarity, they grew every day more intractaljle and more dan- gerous. As tlie Englisli princes deemed the conquest of the dispersed Irish to be more the object of time and patience than the source of military glory, they wil- lingly delegated that office to private adventurers, who, enlisting soldiers at their own charge, reduced jiro- viuccs of that isl.and, wliich they converted to their own profit. Separate jurisdictions and principalities were established by these loidly conquerors : the power of peace and war was assumed : military law was ex- ercised over the Irish, whom tlicy subdued ; and by degrees over the English, by whose assistance they conquered : and, after their authority had once taken root, deeming the Knglish institutions less favourable to barb.arois dominion, they degenerated into mere Irish, and abandoned the garb, language, manners, and laws of their mother country. By all this imprudent conduct of England, the natives of its dependent state I'omained still in that abject condition into wliich the northes-n and western parts of I'hiropo were sunk, before they received civi- lity and sla\'ery from the refined policy and irresistible bi'avery of Home. Even at the end of the sixteenth century, when every Christian nation was cultivating witli ardour every civil art of life, that island, lying in a temperate climate, enjoying a fertile soil, accessible in its situation, possessed of innumerable h.arbours, was still, notwitlistandiug these advantages, inhabited by a ]ieople whose customs and manners .approaclicd nearer those of sav.ages than of barbarians. As the rudeness and ignorance of the Irish were ex- treme, they were sxnik below the reach of that curiosity and love of novelty, by which every other jieojile in Europe had been seized at the beginning of that century, and which had engaged them in innovations and religious disputes, with which they wei'e still so violently agitated. The ancient superstition, the prac- tices and observances of their iathers, mingled and polluted with many wild opinions, still maintained an unshaken empire over them : and the example of tlie English alone was sufficient to render the Jleformation odious to the i)rejudieed and discontented Irish. The old op]>osition of manners, laws, and interest was now iuHauu'd by religious antijiatby ; and the sidjduing arid civilizing of that country seemed to become every day more difficult and more impracticable. The animosity against the English was carried so far by the Irish, that, in an insurrection raised by two Bons of the earl of Clanricarde, they put to the sworA all the inhabitants of the town of Athenry, though Iiish, because tli(>y began to conform themselves to English customs, and had embraced a more civilized form of life than had been practised by tlieir ancestors. The usual revenue of Ireland amounted only to six thousand ))0unds a year: the queen, though with much repining, commonly added twenty thousand more, which she remitted from England: and with this small revenue a body of a thousand men was supported, which on extraordmary emergencies was augmented to two thousand. No wonder that a force so diflpro- portioned to the object, instead of subduing a muti- ons kingdom, served rather to provoke the natives, and to excite those frequent insurrections, which still further inflamed the animosity between the two na- tions, and increased the disorders to which the Irisli were naturally subject. In 15G0, Sh.in O'Neale, or the Great O'Neale, as the Irisli called him, because head of that potent clan, 'raised a rebellion in Ulster; but after some skirmishes he was received into favour upon his submission, and his promise of a more dutiful behaviour for the future. This impunity tempted him to undertake a new insur- rection in 15G7 ; but being ])Ushed by Sir Henry Sid- ney, lord-deputy, he retreated into Clandeljoy, and rather than submit to tlie English, he put himself into the hands of some Scottish islanders, who commonly infested those parts by their incursions. The Scots, who retained a quarrel against him on account of former injuries, violated the laws of hospitality, and murdered him at a festival to which they had invited him. He was a man equally noted for his jiride, bis violence, his debaucheries, and his hatred to the Eng- lish nation. He is said to have put some of his fol- lowers to death because they endeavoured t .reduce the use of bread after the English fashion. Though so violent an enemy to luxury, he was extremely ad- dicted to riot ; and was accustomed, after his intempe- rance had thrown him into a fever, to plunge his body into mire, that he might allay the flame which he had raised by his former excesses. Such was the life led by this haughty barbarian, who .scorned the title of the earl of Tyrone, which Elizabeth intended to have re. stored to him, and who assumed the rank and appella- tion of king of Ulster. He used also to say, that though the queen was his sovereign lady, he never made peace with her but at her seeking. Sir Henry Sidney was one of the wisest and most active governors that Ireland had enjoyed for several reigns; and he pos.sessod his authority eleven years, during which he struggled with many difficuUics, and made some progress in repi'cssing those disorders which Iiad become inveterate among the people. Tlie eaid of Desmond, in 1569, gave him disturbance, from the hereditary animosity which prevailed between that no- bleman and the earl of Ormond, descended from the only family established in Ireland, that had steadily maintained its loyalty to the English crown. The earl of Thomond, in 1570, attempted a rebellion in Con- naught, but was obliged to fly into rraiiee before his designs were rijie for execution. Stukely, another fugitive, found such credit with the pope, Gregory XIII., that he flattered that poutift'with the prospect of making his nephew, Buon Compagno, king of Ire- land ; and, as if this project had already talien effect, he accepted the title of marquis of Leiuster from the now sovereign. He passed next into Spain ; and after having received much encouragement and great re- wards from riiillp, who intended to emjiloy him as an instrument in disturbing Elizabeth, lie was found to po.ssess too little interest for executing those high pro- mises which he had made to that monai'ch. He retired into Portugal ; and following the fortunes of don Se- bastian, he perished with that gallant prince in his bold Init unfortunate expedition against the Moors. Lord Cray, after some interval, succeeded to the go- vernment of Ireland ; and in 15/9, suppressed a new rebellion of the earl of Desmond, though supported by a body of Spaniards and Italians. The rebellion of the Bourks followed a few years after ; occasioned by the strict and equitable administration of Sir Richard Bingham, governor of Connaught, who endeavoured to repress the tyranny of the cliieltains over their vass.als. The queen finding Ireland so burdensome to her, tried several expedients for reducing it to a state of greater order and submission. She encouraged the e;irl of Essex, father to that nobleman who was afterwards her favourite, to attempt the subduing and planting of _Rij^,3 p A irr/i?. >.\ nrvrir mr.;:^ ■::;■;' :;■? 'c i--;, ■,- T.r-io .<-f •„■■.^^ vNi--r---'j-- V, / CHAf. XLIV.J ELIZABETH, 1558—1605. mi Clanclfboy, Fernj-, and otlier territories, part of some [ lish horse, fifteen liunJred men, togctlier witli tlir late foifuitures: but that enterprise proved unfortu- general himself, were left dead upon the spot. Thi.i nate; and Essex died of a distemper occasioned, as is victory, so unusual to the Irish, roused their courage, supposed, by the vexation which he had conceived from supplied tliem with arms and ammunition, and raised' liis disapjiointmcnts. An university was founded in the reputation of Tyrone, who assumed the character Dublin, with a view of introducing arts and learning of tlie deliverer of his country, and patron of Irish into that kingdom, and civilizing the uncultivated man- liberty. ners of the inhabitants. But the most unhajipy expc- I dient em])loyed in the government of Ireland was tliat made use of in 15S3 by sir John Perrot, at that time lord-deputy: he put arms into the hands of tlie Irish inhabitants of Ulster, in order to enalde them, without the assistance of the government, to rejjress the incur- sions of tlie Scottish islanders, by which these parts were much infested. At the same time, the invita- tions of Philip, joined to their zeal for the catholic re- ligion, engaged many of the gentry to serve in the Low Country wars; and tlius Ireland, being provided with officers and soldiers, with discipline and arms, became fonnidablo to the English, and was thenceforth able to maintain a more regular war against her ancient masters. TYRONE'S REBELLION. Hugh O'Xeale, nephew to Shan O'Neale, had been raised by the queen to the dignity of earl of Tyrone ; but having murdered his cousin, son of that rebel, and being acknowledged head of his clan, he prefened the pride of barbarous licence and dominion to the plea- sures of opulence and tranquillity, and he fomented all those disorders by which he hoped to weaken or over- turn the English government. He was noted for tlie vices of perfidy and cruelty, so common among uncul- tivated nations ; and w.as also eminent for courage, a virtue which their disorderly course of life requires, and which, notwithstanding, being less supported by the principle of. honour, is commonly more precarious among them, than among a civilized jieople. Tyrone, actuated by tliis spirit, secretly fomented the discon- tents of the Maguires, O'Donnels, O'Rourks, Slacma- lions, and otlier rebels; yet, trasting to the influence of his deceitful oaths and professions, he jmt himself into the hands of sir William Rnssel, who, in the ye.ar 1594, was sent over dejnity to Ireland. Contrary to the advice and protestation of sir Henry B,ignal, mar- shal of the army, he was dismissed ; and returning to his own country, he embraced the resolution of raising an open rebellion, and of relying no longer on the lenity or inexperience of the English government. He entered into a correspondence with Spain : he procured thence a supply of arms and ammunition : and having united all the Irish chieftains in a dependence upon himself, he began to be regarded as a formidable enemy. Tlie native Irisli were so poor that their country af- fi)rded few other commodities than cattle and oatmeal, which were easily concealed or driven away on the approach of the enemy; and as Elizabeth was averse to the expense requisite for supporting her armies, the I'nglisli found much difficulty in pushing their advan- tages, and in pursuing the rebels into the bogs, woods, and other fiustnesses, to which they retreated. These motives rendered sir John Norris, who commanded the English army, the more willing to hearken to any pro- posals of truce or accommodation made him by Ty- rone ; and after the war w.is spun out by these arti- fices for some years, that gallant Englishman, finding ESSEX SENT OVER TO IRELAND. The English council were now sensible, that the re- bellion of Ireland was come to a dangerous head, and that the former temporising arts of granting truces and pacifications to the rebels, and of allowing them to purchase pardons by resigning part of the plunder acquired during their insurrection, served only to en- courage the spirit of mutiny and disorder among them. It was therefore resolved to push the war by more vi- gorous measures ; and the queen cast her eye on Charles Blount, lord Slountjoy, as a man who, though hitherto less accustomed to amis than to books and literature, was endowed, she thought, with talents equal to the undertaking. But the young e.arl of Essex, ambitious of fame, and desirous of obtaining this go- vernment for himself, opposed the choice of Mount- joy; and represented the necessity of appointing for that important emplnjnnent some person more expe- rienced in war than this nobleman, more practised in business, and of higher quality and reputation. By this description, he was understood to mean himself; and no sooner was his desire known, than his enemies, even moro zealously than his friends, conspired to gratify his wishes. Many of his friends thought that he never ought to consent, except for a short time, to accept of any employment which must remove liim from court, and [irevent him from cultivating that per- sonal inclination which the queen so visibly bore him. His enemies hoped, that if by his absence she had once leisure to forget the charms of his person and conver- sation, his impatient and lofty demeanour would soon disgust a princess who usually exacted such profound submission and implicit obedience from all lierservants. But Essex was incapable of entering into such cautious views ; and even Elizabeth, who was extremely desi- rous of subduing the Irish rebels, and who was much prepossessed in favour of Essex's genius, readily agreed to .ajipoint him governor of Ireland, by the title of'lord- lieutenant. The n;ore to encourage him in his under- faking, she granted him by his patent more extensive authority than had ever before been conferred on any lieutenant ; the power of carrying on or finishing the war as he pleased, of pardoning the rebels, and of filling all the most considerable employments of the kingdom. And to ensure him of success, she levied a numerous army of sixteen thousand foot, and thirteen hundred horse, which she afterwards augmented to twenty thousand foot and two thousand horse : a force which, it was apprehended, would be able in one cam- paign to overwhelm the rebels, and make an entire conquest of Ireland. Nor did Essex's enemies, the earl of Nottingham, sir Robert Cecil, sir Walter Ra- leigh, and lord Cobham, throw any obstacles in the way of these preparations; but hoped that the higher the queen's expectations of success were raised, the more diflicult it would be for the event to correspond to them. In a like view, they rather seconded tli.an opposed those exalted encomiums, which Essex's nu- that he had been deceived by treacherous promises, | merous and sanguine friends dispersed, of his high and that he had performed nothing worthy of his genius, of his elegant endowments, his heroic courage, ancient reputation, w.is seized with a languishing dis- ] his unbounded generosity, and his noble birth; nor temper, and died of vexation and discontent. Sir were they displeased to observe that passionate fond- Henry liagnal, who succeeded him in the command, ness which the people everywhere expressed for this was still more unfortunate. As he advanced to relieve nobleman. These artful politicians had studied his the tort of Black-water, besieged by the rebels, he was character ; and finding that his open and undaunted surrounded in disadvantageous ground, his soldiers, spirit, if taught temper and reserve from opposition, discouraged by part of their powder's accidentally must become invincilile, they resolved rather to give taking fire, were put to flight ; and though the pursuit full breath to those sails which were already too much Was stopped by Alontacute, who commanded the Eng- expanded, and to push him upon dangers of which ha 6S4 THE HISTORY OF ENGLAND 'Chap.XLI^ eepmed to make siicli snmll norotmt. And the lietter to iiiiiko advantnpe of )ii« imliscrctions, spies were set \ipoii all his actions, and even expressions ; and liis ve- liement spirit, which, Avliilo he was in the midst of the court and environed hy his rivals, was nnacfpiainted with dis^n'ise, conld not fail after lie thonght himself siirronnded hy none bnt friends, to give a pretence for iiialii,'nant suspicions and constructions. Essex left London in the month of JFarch, attended with the acclamations of the popnlace; and, what did liini more honour, accompanied hy a nnmerons train of iiohililv and penliy, who fiom aficction to his person, had attached tlumselves to his fortunes, and sought fame and military experience under so renowned a commander. The first act of authority which he exer- cised after his arrival in Ireland, was an indiscretion, but of the generous kind ; and in both these respects snit.nhle to his character. He appointed his intimate friend, tlie earl of Southampton, general of the horse ; a nobleman who had incurred the queen's disjdeasure, by seeretlv marrying without her consent, and whom she had therefore enjoined Essex not to employ in any command under him. She no sooner heard of this in- stance of disoliedienee, than she reprimanded him, and ordered him to recall his commission to Southampton. But Essex, who had imagined that some reasons whicli he opposed to her first injunctions, had satisfied her, had the imprudence to remonstrate against these se- cond orders; and it was not till she reiterated her com- mands that he could be prevailed on to displace his friend. mS ILL SUCCESS. Essex, on his landing at Dublin, deliberated with the Irish council concerning the proper methods of carry- ing on the war against the rebels ; and here he was guilty of a capital error, which was the ruin of his en- terprise. He had always, wliile in England, blamed the conduct of former commanders, who artfully jiro- tr.icted the w.ar, who harassed their troops in small enterprises, and wi:o, by agreeing to truces and tempo- rary pacifications «ith the rebels, had given them lei- sure to recruit their broken forces. In conformity to these views, lie h.ad ever insisted upon leading his forces immediately into Ulster against Tyrone, the chief enemy; and liis instructions had been drawn agreeably to these his declared resolutions. But the Iiish counsellors persuaded liim that tlie season was too early for the enterprise, and that as the morasses in which the northern Irish usually sheltered them- selves, would not as yet be passable to the English forces, it would be better to employ the present time in an expedition into Munster. Their secret reason for this advice was, that many of them possessed estates in that province, and were desirous to have the enemy dislodged from their neigldjourhood : but the same selfish spirit which had induced them to give this counsel, made them soon after disown it, when they found the bad consequences with which it was attended. Essex obliged all the rebels of JIunster either to submit or to fly into the neighbouring provinces: but as the Irish, from the greatness of the queen's prepar.a- tions, had concluded that she intended to reduce them to total subjection, or even utterly to exterminate them, they considered their defence as a common cause ; and the Englisli forces were no sooner with- drawn, than the inliabitauts of JIunster relapsed into rebellion, and renewed their confederacy with their otiier countrymen. The army, meanwhile, by the fatigue of long and tedious marches, and by tlie in- fluence of the climate, was become sickly ; and on its return to Dublin, about the middle of July, was sur- prisingly diminished in n\unber. The courage of the soldiers was even much abated : for though they had prevailed in some lesser enterprises against lord Cahir and others; yet had they sometimes met with more stout resistance than they expected from the Irish, whom they were wont to despise; and as they a ore raw troops and unexperienced, a considerable body of them had been put to flight at the Glins, by an infeiior number of the enemy. Essex was so enraged at this misbehaviour, that he casliiered all the officers, and do- ciniated tlie private men. But this act of severity, though necessary, had intimidated the soldier.s, and increased their aversion to the service. The queen w.as extremely disgusted when she heard that so considerable a part of the season was consumed in these frivolous enterprises; and was still more sur- prised that Essex persevered in the same practices which he had so much eondemnod in others, and which he knew to be so much contraiy to her purpose and intention. That nobleman, in older to give his troops leisure to recruit from their sickness and fitigue, left the main army in quarters, and marched with a small body of fifteen hundred men into the county of Ophelie against the O'Connors and O'Mores, whom he forced to a submission : but, on his return to Dublin, he found the army so much diminished, that he wrote to the English council an account of its condition, and informed them, that if he did not immediately receive a re-enforcement of two thousand men, it would be impossible for him this season to attempt anything against Tyrone. That there might be no pretence for further inactivity, the queen immediately sent over the number demanded ; and Essex began at last to as- semble his forces for his expedition into LTIstcr. The aiTny was so averse to this enterpri.se, and so terrified with the reputation of Tyrone, that many of them counterfeited sickness, many of them deserted ; and Essex found, that after leaving the necessary garri- son.s, he could scarcely lead four thousand men against; the rebels. He marched, however, with this small army ; but ^'as soon sensible, that in so advanced a season it would be impossible for him to effect anytliing against an enemy who, though superior in number, was determined to avoid every decisive action. He hearkened, therefore, to a message sent him by Ty- rone, who desired a conference : and a place near the two camps was appointed for that purpose. The generals met without any of their attendants, and a river ran between them, in which Tyrone entered to the depth of his s.addle ; but Essex stood on the op- posite bank. After half an hour's conference, where Tyrone behaved with great submission to the lord- lieutenant, a cessation of .arms was concluded to the first of May, renewable from si.x weeks to si.x weeks ; but which might be broken off by either party upon a fortnight's warning. Essex also received from Tyrone proposals for a peace, in wliich that rebel had insei'ted many unreasonable and exorbitant conditions: and there appeared 'afterwards some reason to suspect that he had here commenced a very unjustifiable corre- spondence with the enemy. So unexpected an issue of an enterprise, the greate& and most expensive that Elizabeth had ever under- taken, provoked her extremely against Essex ; and this disgust was much augmented by other circum- stances of that nobleman's conduct. He wrote many letters to the queen and council, full of peevish and impatient expressions : comiihainiiig of his enemies, lamenting that their calumnies should be believed against him, and discovering symptoms of a mind equ.ally haughty and discontented. She took care to inform him of her dissatisfaction ; but commanded him remain in Ireland till further orders. ESSEX EETURNS TO ENGLAND. Essex heard at once of Elizabeth's anger, and of the promotion of his enemy, sir Kobert Cecil, to the office of master of the wards, an office to which he himself aspired ; and dreading that, if he remained any longer absent, the queen would be totally alienated from him, he hastily embraced a resolution wliich, he knew, had CfiAP. XLIV.j ELIZABETH, 1558—1603. 635 once succeeded witli the eail of Leicester, the former favourite of Elizabeth. Leicester being informed, wliile in tlie Low Countries, tliat liis mistress was ex- tremely displeased witli liis conduct, disobeyed her orders by coming over to England; and liaving paci- fied her by his presence, by his apologies, and by his flattery and insinuation, disajipointed all the expecta- tions of his enemies. Essex, therefore, weighing more the similarity of circumstances than the dift'ercnce of character between himself and Leicester, immediately set out for England; and making speedyjourneys, he ar- rived atcourt before any one was in the least apprized of his intentions. Though besmeared with dirt and sweat, he hastened up staiis to the presence-chamber, thence to the privy-chamber ; nor stopped till ho was in the queen's bedchamber, who was newly risen, and was sitting with her hair about her face. Ho threw himself on his knees, kissed her hand, and had some private conference with her ; where he was so gra- ciously received, that, on his departure, he was heard to express great satisfaction, and to thank God that though he had sufTered much trouble and many storms abroad, he found a sweet calm at home. ESSEX IS DISGRACED. But this placability of Elizabeth was merely the re- sult of her surprise, and of the momentary satisfaction which she felt on the sudden and unexpected appear- ance of her favourite: after she had leisure for lecol- lection, .all his fonlts recurred to her: and she thought it necessary, by some severe discipline, to subdue that haughty, imperious spirit, who, presuming on her par- tiality, had pretended to domineer in her councils, to engross all her favour, and to act, in the niost import- ant affairs, without regard to lier orders and instruc- tions. When Es.sc.x waited on her in the afternoon, he found her extremely altered in her carriage towards liim : she ordered him to be confined to his chamber; to be twice examined by the council ; and thougl; his answers were calm and submissive, she committed him to the custody of lord-keeper Egertou, and held him sequestered from all com|iany, even from that of his countess, nor was so much as the intercourse of letters permitted between them. Essex dropped many expressions of humiliation and sorrow, none of resent- ment : he professed an entire submission to tlie queen's will: declared his intention of retiring into the coun- try, and of leading thenceforth a private life, remote from courts and business: but though he affected to be so entirely cured of his aspiring ambition, the vexatioji of this disappointment, and of tUo triumph gained by Ids enemies, preyed upon his haughty spirit, and he fell into a distemper which seemed to put his life ia danger. The queen had always declared to all the world, and even to the earl himself, tliat the purpose of her se- verity w.as to correct, not to ruin him ; and when she heard of his sickness, she was not a little alarmed with his situation. She ordered eight physicians of the best reputation and experience to consult of his case; aud being informed that the issue was much to be appre- hended, she sent Dr. James to him with some broth, aud desired that physician to deliver him a message, which she probably deemed of still greater virtue, that if she thought sueh a step consistent with her honour, she would herself pay him a visit. The bystanders, who cai-efully observed her countenance, remarked that in pronouncing these words, her eyes were suf- fused with tears. When these symptoms of the queen's refurningalTec- lion tow.ards Esse.x were known, they g.ave a sensible alarm to the faction which had declared their opposi- tion to him. Sir Walter Raleigh, in partieidar, the most violent as well .as the most ambitious of his ene- mies, w.as so affected w ith the appcar.ance of this sud- den revolution, that he was seized with sickness in his turn; and the queen was obliged to apply the same salve to his wound, and to send him a favourable mes- sage, expressing her desire of his recovery. 1000. The medicine which the queen administered to these .aspiring rivals w.as successful with both; and Essex being now alhiwed the company of his countess, ;ind having entertained more promising hopes of his future fortunes, was so much restored in his health, .as to be thought p.ast danger. A belief was instilled into Elizabeth, that his distemper had been entirely counterfeit, in order to move her compassion ; and she relapsed into her former ngour against him. Ho wrote her a letter, and sent her a rich preseut on. New- year's day, as w.as usual with the courtiers at that time: she read the letter, hut rejected the preseut. After some interval, however, of severity, she allowed him to retire to his own house; and though he remained still under custody, aud was sequestered from all company, he was so grateful for this mark of lenity, that iie sent her a letter of thanks on the occasion. '• 'J'his further degree of goodness," s.aid he, " doth sound in my ears .as if your majesty spake these words. Die not, hsex ; for thoiifjk I punish thine offence, and humble thee for thy good, yet ivill I one day lie served ayain ly thee. JI v pros- trate soul makes this answer: I hope for that' blessed day. And in expectation of it, all my afflictions of body aud mind are humbly, patiently, and cheerfully borne by me." The countess of Esse.x. daughter of sir Francis Walsingham, possessed, as well as her luis- haud, a refined taste in literature ; and the chief con- solation which Essex enjoyed during this period of anxiety and expectation, consisted in her company, and in reading with her those instructive and enter- taining authors, which, even during the time of his greatest inosperity, he liad never entirely neglected. Theie were several incidents which kept alive the queen's anger against Essex. Every account which she received from Ireland convinced her more and more of his misconduct in that government, and of the insignificant purposes to which he had employed so much force aud treasure. Tyrone, so far froni heiui» quelled, had thought proper, in less than tliree months, to break the truce; and joining with O'Donnel, and other rebels, had overrun aluiost the whole kingdom. He boasted that he was certain of receiving a sui)ply of men, money, aud arms from Spain : he jiretended to bo champion of the catholic religion : and he ojienly exulted in the present of a phoenix plume, which the pojie, Clement VHI., in order to encourage him in the prosecution of so good a cause, bad consecrated, and had conferred ujjou him. The queen, that she might check his progress, returned to her former intention of .appointing Jlouutjoy lord-deputy: and though that nobleman, who was an intimate friend of Essex, and desired his return to the government of Ireland, did at first very earnestly excuse himself on account of his bad state of health, she obliged him to accept (jf the employment. Mountjoy found the island almost in a desperate condition ; hut being a man of capacity and vigour, he was so little discouraged, that he imme- diately advanced against Tyrone in Ulster. He pene- trated into the heart of that country, the chief seat of the rebels ; he fortified Derry and Mount-Norris, in order to bridle the Irish: he ch.ased them from the field, and obliged them to take shelter in the woods and morasses : he employed, with equal success, sir George Carew in Munster: and by these promising enterprises, he gave new life to the queen's authority in that island. As the comparison of Monntjoy's administration with that of Essex contributed to alienate Elizabeth from her f.nourite, she received additional disgust from the partiality of the people, who, prepossessed with .an ex- travagant idea of Essex's merit, complained of the in- justice done him by his removal from court, and by his confinement. Libels were secretly dispersed against Cecil .and Raleigh, and all his enemies ; and his popu- larity, wliich was always great, seemed rather to be increased than diminished by his misfortunes. Eliza- 536 THK HISTORY OF ENGLAND. [Cu.\r. XLIV. belli, in order to justify to tlie public her coiiauct, with rosaril to liini, liad often expressed her intontions of having Iiini tried iu the star-cluiniber for his of- fences : but her tenderness for him ))rovailed at last over her severity ; and she was contented to have him only examined 'by the privy-council. The .attoniey- gen'cral, Coke, opened the cause against him, and treated him with the cruelty and insolence which that preat lawyer usually exercised .igainst the unfurtunato. lie displayed in the strongest colours, all the faults committed bv Essex in his administration of Ireland : his making Southampton general of the horse, con- trary to the queen's injunctions; his deserting the en- terprise against Tyrone, and marching to Leinster and Slunster ; his conferring knighthood on too many per- sons • his secret conference with Tyrone ; and his sud- den return from Ireland, in contempt of her majesty's commands, lie also exaggerated the indignity of the conditions which Tyrone had been allowed to propose; odious and abominable conditions, s.aid he ; a public toleration of an idolatrous religion, pardon for himself and every traitor in Ireland, .and full restitution of lands and possessions to all of tliem. The solicitor- general, Fleming, insisted upon the wretched situation in which the earl had left that kingdom ; and Francis, son of sir Nicholas Bacon, who had been lord-keeper in the beginning of the present reign, closed the charge with displaying the undutiful expressions contained in some letters written by the earl. Essex, when he came to plead in his own defence, renounced, with great submission and humility, all pretensions to an apology; and declared his resolution never, on this or any otiier occasion, to have any con- test with his sovereign. lie said, that, having severed himself from the world, and abjured all sentiments of ambition, he had no scruple to confess every failing or error, into which his youth, folly, or manifold infirmi- ties might have betrayed him ; that his inward sorrow for his oft'euces .against her majesty was so profound, that it exceeded all his outward crosses .and afflictions, nor had he any scruple of submitting to a public con- fession of whatever she had been ple.ased to impute to him ; th.at in his acknowledgments he retained only one reserve, which he never would relinquisli but willi his life, the assertion of a loyal and unpolluted heart, of an unfeigned affection, of an earnest desire ever to perform to her m.ajesty the best service which his poor abilities would permit : and that if tliis sentiment were allowed by the council, he willingly acquiesced in any condemnation or sentence which they could pronounce against him. This submission was uttered with so much eloquence, and in so pathetic a manner, that it drew tears from many of the audience. All the privy- counsellors, iu giving their judgment, made no scruple of doing the carl justice with regard to the loyalty of his intentions. Even Cecil, whom be believed his capit.al enemy, treated him with great regard and humanity. And the sentence pronounced by the lord- keeper (to which the council assented) was in these words : " If this cause," said he, " had been heard in the star-chamber, my sentence must have been for as great a fine as ever was set upon any man's head in that court, together with perpetual confinement in that prison which belongeth to a man of his quality, the Tower. But since we are now in another place, and in a course of favour, my censure is, that the earl of Essex is not to execute the office of a counsellor nor that of earl-marslial of England, nor of master of the ordnance ; .and to return to his own house, there to continue a prisoner till it shall please her m.ajesty to release this and all the rest of his sentence." The earl of Cumberland m,ade a slight opposition to this sentence: and said, that if ho thought it would stand, he would have required a little more time to delibe- rate; that he deemed it somewhat severe; and that any comniander-m-chicf might easily incur a like pen.alty. But, however, added he, in confidence of her majesty's mercy, I agree with the rest. The earl of Worcester delivered his opinion in a couple of Latin verses; imjiorting that, where the gods are olTended, even misfortunes ought to be imputed as crimes, and that accident is no e."vcuse for transgressions against the Divinity. Bacon, so much distinguished afterwards by his high offices, and still more by his profound genius for the sciences, was nearly allied to the Cecil family, bein" nephew h> lord Burleigh, and cousin-german to the secretary : but notwithstanding his extraordinary ta- lents he had met with so little protection from his pow- erful relations, that he had not yet obtained any jue- ferment in the lav.-, which was his profession. Cut Essex, who could distinguish merit, and who p.assiun- ately loved it, had entered into an intimate friendship with Bacon, had zealously attempted, though without success, to procure him the office of solicitor-general ; and in order to comfort his fiicnd under the disap- pointment, had conferred on him a present of land to the value of eighteen hundred pounds. The public could ill excuse Bacon's appearance before the council, .against so munificent .a benefactor; though he acted in obedience to the queen's commands : but she was so well pleased with his behaviour, that she imposed on him a new task, of di'awing a nairative of that day's proceedings, in order to s.atisfy the public of the justice and lenity of her conduct. Bacon, who wanted firmness of character more than humanity, gave to the wliole transaction the most favourable turn for Essex; and, in particular, pointed out, in el.aborate expression, the dutiful submission which that nobleman discovered in the defence that he made for his conduct. When he read the paper to her, .she smiled at that passage, and observed to Bacon, that old love, she s.aw, could not easily be forgotten. He replied, that he hoped she meant that of herself. All the world indeed expected that Essex would soon be reinstated in his former credit; peiliaps, as is usu.al iu reconcilements founded on inclination, would acquire an additional ascendant over the queen, and after all his disgraces, would again appear more a fa- vourite than ever. They were confirmed in this hope when they saw that, though he was still prohibited from appearing at court, he was continued in his office of master of horse, and was restored to his liberty, and that all Ids friends had access to him. Essex himself seemed determined to persevere in that conduct which had hitherto been so successful, and which the queen, by .all this discipline, had endeavoured to render habi- tual to him : he wrote to her, that he kissed her ma- jesty's hands, and the rod w ilh which she had corrected him ; but that he could never recover his wonted cheerfulness, till she deigned to admit him to th.at presence, which had ever been the chief source of his happiness and enjoyment : and that he had now re- solved to make amends for his past errors, to retire into a country solitude, and say, with Nebuchadnezzar, " Let my dwelling be with the beasts of the field ; let me eat gr.ass as an ox, and be wet with the dew of heaven ; till it shall please the qiiceu to restore me to my understanding." The queen was much pleased with these sentiments, and replied, that she heartily wished his actions might correspond with his expres sions; that he had tried her patience a long time, and it w.as but fitting she should now make some experi- ment of his submission ; that her father would never have pardoned so much obstinacy; but that if the furnace of affliction produced such good effects, she should ever after have the better opinion of her chemistry. Tlio earl of Essex possessed a monopoly of sweet wines; and as his patent wa-s near expiring, he pati- ently expected that the queen would renew it, and he considered this CTcnt as the critical circumstance of his life, which would determine whether he could ever hope to be reinstated in credit .and authority. But Elizabeth, thougli gracious in her dt'i«rtnicnt, was of a temper soiuewhat haughty and severe : and being Chap. XLIV.] ELIZABETH, 1558-1003. 6S1 continually siiiTouiidcJ with Essex's enemies, means were found to j)ersiiade licr tliat liis lofty sijirit -was not yet sufliciently subdued, and that he must uudcrfjo this further trial, before he could again lie safely received into favour. She therefore denied his request ; and even adde<1, in a contemptuous style, that an un- governable beast must be stinted iu his provender. IJIS INTRIGUES. This rif;onr, pushed one ste[i too far, proved the final mill of tliis youiii,' nobleman, and was the source of in- finite sorrow and vexation to the queen herself. Essex, who had with fjieat difliculty so long subdued Ids proud spirit, and whose patience was now exliausted, imagining that the queen was entirely inexor.-ible, burst at once all restraints of prudence, and determined to seek relief, by proceeding to the utmost exti'emities ngainst liis enemies. Even during his greatest favour ho liad ever been accustomed to carry matters with a high hand towards his soTereign ; and as this practice gratified his own temper, and was sometimes success- ful, he had imprudently imagined that it was the only proper method of managing her. Uut being now re- duced to despair, he gave entire reins to his violent disposition, and threw oflFall appearance of duty and respect. Intoxicated with the public fixvonr, which he already possessed, lie practised anew e^ery art of popu- larity ; and endeavoured to increase the general good- will by a hospitable manner of life, little suited to his situation and circumstances. His former employments liad given liiin great connexions with men of the mili- tary profession ; and he now entertained, by additional caresses and civilities, a friendship with all desperate adventurers, whose attachment he hoped might, in Ills present views, prove serviceable to him. lie secretly courted the coniidence of the catholics; but his chief trust lay in the puritans, wliom he openly caressed, and whose manners lie seemed to have entirely adopted. lie engaged the most celebrated preachers of that sect to resort to Esso.x-house ; he had daily iir.aycrs and sermons in his family; and he invited all the zealots in London to attend those pious e.xercises. Such was the disposition uow beginning to prevail among the Eng- lish, that, instead of feasting and public spectacles, the methods anciently practised to gain the populace, nothing so cfl'ectually ingratiated .in ambitious leader with the public, as these fanatical entertainments. And as the puritanical preachers frequently inculcated in their sermons the doctrme of resistance to the civil magistrate, they prepared the minds of their hearers for those seditious projects which Essex was secretly meditating. But the greatest imprudence of this nobleman pro- ceeded from the openness of his temiier, by which he was ill qualified to succeed in such diflicult and danger- ous enterprises. lie indulged himself iu great liber- ties of speech, and was even lie.ird to say of the queen, that she was now grown an old woman, and was be- come as crooked in her mind as in her body. Some court ladies, whose favours Esse.x. had formerly neg- lected, carried her these stories, and incensed her to a high degree against him. Klizabeth w!is ever remark- ably jealous on this head, and though she was now approaching to her seventieth year, she allowed her courtiers and even foreign ambassadors, to comiilimeiit lier upon her beauty; nor had all her good sense been able to cure her of this preposterous v.inity. [Sec note A S, at the mil of this I'o/.] There was also an expedient employed by Essex, which, if possible, was more jirovoking to the queen, than those sarcasms on her age and deformity; and that was, his secret applications to the king of Scots, her heir and successor. That prince had this year very narrowly escaped a dangerous, tiiongh ill-formed, conspiracy of the earl of (jowiy; and even his deli- verance was attended with this disagreeable circum- stance, that the obstinate ecclesiastics persisted, io Vol. I. spite of the most incontestable evidence, to maintain to his face, that there had been no liucli conspiracy. James, harassed with his turbulent and factious sub- jects, cast a wishful eye to the succession of England; and, in proportion as the queen advanced in years, his desire increased of mounting that throne, on v\hich, besides acquiring a great addition of power and splen- dour, he hoped to govern a peoide so much more tract- .able and submissive, lie negociated with all the courts of Eurojie, in order to ensure himself friends and par- tisans : he even neglected not tlie court of Uomo and that of Spain ; and though he engaged himself in no positive promise, he flattered the catholics with hopes that, iu the event of his succession, they might expect some more liberty than was at present indulged them. Elizabeth was the only sovereign in Europe to whom he never dared to mention liLs right of succession : he knew that, though her .advanced age might now invite her to think of fixing an heir to the crown, she never could hear the prospect of her own death without hor- ror, and was determined still to retain him, .and all other competitors, in an entire dependence upon her. Essex was descended by females from the roval family; and some of his sanguine partisans had been so imprudent as to mention his name among those of other pretenders to tlie crown ; but the earl took care, by means of Henry I.ee, whom ho secretly sent into Scotl.and, to assure James, that so far from entertain- ing such ambitious views, he was determined to uso every expedient for extorting an immediate declaratiou in favour of that monarch's right of succession. James willingly hearkened to this projioeal; but did not ap- prove of the violent metliods wliieh Essex intended to employ. Esse.x had communicated his scheme to Jlountjoy, deputy of Ireland ; and as no man ever coininaiided more the cordial aft'ectiou and attachment of his friends, he had even engaged a person of that virtue and prudence to entertain thoughts of hringing over part of his army into England, and of forcing tho queen to declare the king of Scots her successor. And such was Essex's impatient ardour, that, though Jume-j declined this dangerous expedient, he still endeavoured to persuade Mountjoy not to desist from the project : but the deputy, who thought that such violence, though it might be prudent, .ind even justifiable, when sup- jiorted by a sovereign prince, next heir to tlie crown, would he rash and criminal, if attempted by subjects, absolutely refused his concurrence. The corresjiond- etice, however, between Essex and the court of Scot- laud was still conducted with great secrecy and cordi- ality; and that nobleman, besides conciliating tho favour of James, represented all his own adversarie:i as enemies to that prince's succession, and as men en- tirely devoted to the interests of Spain, and partisans of the chimerical title of the infanta. The infiinta and the archduke Albert had made some advances to the queen for peace ; and Bolougne, a.s a neutral town, was chosen for the place of con- ference. Sir Henry Nevil, the English resident in Erance, Herbert, Edmondes, and Bealc, were sent thither as ambassadors from England, and negociated with Zuniga,Carillo, llichardot, and Verheiken, minis- ters of Spain, and the archduke : (IGth May :) but the conferences were soon broke otf by disputes with re- gal d to the ceremonial. Among the European states Ihiglaiid had ever been allowed the precedency above Castile, Arragon, Portug.al, and the other );ingdonis of which the Sp.anish monarchy was composed; and Elizabeth insisted, that this ancient right w.as not lost on account of the junction of these states, and that that monarchy in its present situation, though it surpassed the Juiglish In extent as well as in power, could not be comp.ared with it in point of anti- quity, the only durable and regular foundation of pre- cedency among kingdoms as well as nohle families. That she might show, however, a pacific disposition, she w;i.s content to yield to an equality: but the fcpa nish ministers, as their nation had "always disputed 3Z ■ 638 THE HISTORY OF ENGLAND. [Chap. XMV pn»cc(lency even with France, to which England yield- ed, wouUl proceed no further in tlie conference till their snperiorily of rank were acknowledged. During the prep.ir.ntions for this abortive ncgociation the earl of Nottingham, the admiral, lord Buckhurst, treasurer, and secretary Cecil, had discovered their inclination to peace ; hut as the English nation, flushed with suc- cess, and sanguine in their hopes of plunder and con- quest, were in general averse to that measure, it was easy for a person so popular as Essex to infuse into the multitude an opinion, that these ministers had saeii- ficcd the interests of their country to Spain, and would even make no scruple of receiving a sovereign from that hostile nation. HIS INSURRECTION. 1001. But Essex, not content with these arts for decrying his adversaries, proceeded to concert more violent me- thods of ruining them, chiefly instigated by Cuffe, his secretary, a man of a bold and arrogant spirit, who had acquired a great ascendant over his patron. A select council of malcontents was formed, who commonly met at Drury-house, and were composed of sir Cliarles Davers, to whom the house belonged, the earl of Southampton, sir Ferdinando Gorges, sir Christopher Blount, sir John Davies, and John Littleton ; and Essex, who boasted that he had a hundred and twenty barons, knights, and gentlemen of note at his devo- tion, and who tnisted still more to his authority with the pojmlace, ccmmunieated to his associates those secret designs with which his confidence in so power- ful a party had inspired him. Among other criminal projects, the result of blind i-age and despair, ho deli- berated witli them concerning the metliod of talcing arms ; and asked their oi)inioa whether he had best begin with seizing the palace or the Tower, or set out •with making himself master at once of both places. The first enterprise b?ing preferred, a method was concerted for executing it. It was agreed that sir Christopher Blount, with a choice detachment, should possess himself of the palace gates ; that Davies should seize the hall, Davers the guard-chamber and presence-chamber ; and that Essex should rush in from the Meuse, attended by a body of his partisans, should entreat the queen with all demonstrations of humility, to remove his enemies ; should oblige her to assemble a parliament ; .and should with common con- sent settle a new plan of government. While these desperate projects were in agitation, many reasons of suspicion wore carried to the queen ; and she sent Robert Sackville, son of the treasurer, to Essex-house, (7th February,) on pretence of a visit, but in reality with a view of discovering whether there were in that plaee any unusu.al concourse of people, or any extraordmary preparations which might threaten an insurrection. Soon after Essex received a sum- mons to attend the council, which met at the treasu- rer's house ; and while he was musing on this circimi- stance, and comparing it with the late unexpected visit from SackWlle, a private note was conveyed to him, by which he was warned to provide for his own safety. lie concluded that all his consjiiraey was discovered, at least suspected; and that the easiest punishment which he had reason to apprehend, was a new and more severe confinement : he tlierefora excused him- self to the council on pretence of an indisposition, .and he immediately dispatched messages to bis more inti- mate confederates, requesting their advice and assist- ance in the present critical situation of his .affairs. They deliberated, whether they should abandon all their projects, and fly the kingdom ; or instantly seize the p,a!aco with the force which they could as- semble ; or rely upon the affections of the citizens, who were generally known to have a great attachment to the earl. Essex declared against the first expedi- ent, ana professed himself determined to undergo any fMo rather tluin submit to live the life of a fugitive. To seize the palace seemed impracticable, without more preparations ; especially as the queen seemed now aware of their projects, and, as they heard, had used the precaution of doubling her ordinary guards. There remained, therefore, no expedient but that of betaking themselves to the city ; and while the pru- dence and feasibility of this resolution was under de- bate, a person arrived, who, as if he had received a commission for the puriiose, gave them assurance of the aftections of the Londoners, and affirmed, that they might securely rest any project on that founda- tion. The popularity of Essex had chiefly buoyed him up in all liis vain undertaldngs ; and he fondly imagined, that with no other assistance than the good-will of the multitude, he might overturn Elizabeth's government, confirmed by time, revered for wisdom, supported by vigour, and concurring with the general sentiments of the nation. The wild project of raising the city was immediately resolved on ; the execution of it was de- l.ayed till next day ; and emissaries were dispatched to all Essex's friends, informing them that Cobham and Raleigh had laid schemes against his life, and entreat- ing their presence and assistance. Next day (8th February) there appeared at Essex- house the earls of Southampton and Rutland, the lords Sandys and Monteagle, with about three hundred gentlemen of good quality and fortune ; and Essex in- formed them of the danger to which he pretended the machinations of his enemies exposed him. To some he said, that he would throw himself at the queen's, feet, and crave her justice and protection : to others, he boasted of his interest in the city, and aflirmed, that whatever might happen, this resource could never fail him. The queen w.as informed of these de- signs, by means of intelligence conveyed, as is sup- posed, to Raleigh, by sir Ferdinando Gorges ; and, having ordered the magistrates of London to keep the citizens in readiness, she sent Egerton, lord-keeper, to Essex-house, with the earl of Worcester, sir William Knollys, controller, and Popham, chief-justice, in order to learn the cause of these unusual commotions. They were with difficidty admitted through a wicket ; but all their servants were excluded, except the purse- bearer. After some altercation, in which they charged Essex's retainers upon then- allegiance to lay down their arms, and were menaced in their turn by the .angry multitude who surrounded them, the earl, who found that matters were jiast recall, resolved to leave them prisoners in his house, and to proceed to the exe- cution of his former jiroject. lie sallied forth with about two hundred attendants, armed only with walk- ing swords ; and in his piiesage to the city, was joined by the earl of Bedford and lord Cromwell, lie cried aloud, "For the queen ! for the queen ! a plot is laid for my life !" and then proceeded to the house of Smith, the sheriff', on whose aid he had great reliance. The citizens flocked about him in amazement ; but though he told them that England was sold to the infanta, and exhorted them to arm instantly, otherwise they could not do him any service, ijo one showed a disposition to join him. The shcrift', on the carl's ap- proach to his house, stole out at the back door, and made the best of his way to the mayor. Essex, mean- while, observing the coldness of the citizens, and hear- ing that he w,as proclaimed a traitor by the earl of Cumberland and lord Burleigh, began to despair of success, and thought of retreating to his own house. lie found the streets in his passage barricadoed and guarded by the citizens under the command of sir John Levison. In his .attemj)t to force his way, Tracy, a young gentleman to whom he bore great friendshiji, was killed, with two or three of the Londou(>rs ; and the earl himself, attended by a few of his partisans, (for the greater part began secretly to withdraw them- selves,) retired towards the river, and talcing boat, ■arrived at Essex-house. lie thei'e found that Gorges, whom he had sent before to cajntulate with the lord- keeper and the other counsellors, had given all ot Chap. XLIV.] ELIZABETH, 1558—1603. 539 tliom thoir liberty, and had gone to court with them. Ho v.-as now reduced to despair ; and appeared di'ter- mined, in prosecution of lord Sandys's advice, to defend himself to the last extremity, and rather to perish, like a brave man, with his sword in his hand, than basely by the hands of the executioner : bnt after some par- ley, and after demanding in vain, first hostages, tlien conditions, from the besiegers, he surrendered at dis- cretion ; requesting only civil treatment, and a fair and impartial hearing. niS TRIAL. February .0. Tlie queen, who dnring all this commotion had be- haved with as gi-eat tranquillity aud security as if there h.id only passed a fray in the streets, in which she was nowise concerned, soon gave ordeis for the tiial of the most consideiablo of the criminals. The earls of Essex and Southampton were ariaigned before a jury of twenty-five peers, where Buckhurst acted as lord- steward. 'I'he guilt of the prisoners was too apparent to admit of any doubt ; and, besides the insuirection known to everybody, the treasonable conferences at l>rur)--honso were proved by undoubted evidence. Sir l<'erdinando Gorges was produced in court : the confessions of the earl of Rutland, of the lords Crom- well, Sandys, and Sfonteagle, of Davers, lUount, and Davies, wei-e only read to the peers, according to the practice of that age. Essex's best friends were scan- dalised at his assurance in insisting so positively on his innocence, and the goodness of his intentions; and still more at his vindictive disposition, in accusing, without any appearance of reason, secretary Cecil as a partisan of the infanta's title. The secretary, who had expected this charge, stepped into the court and chal- lenged Essex to produce his authority, which, on ex- amination, was found extremely weak and frivolous. When sentence was pronounced, Essex spoke like a man who expected nothing but death : bnt he added, that he should be sorry if he were represented to the queen as a person that des|iiscd her clemency ; though lie should not, he believed, make any cringing submis- sions to obtain it. Southampton's behaviour was more mild and submissive ; he entreated the good offices of the peers in so modest and becoming a maimer, as excited compassion in every one. The most remarkable circumstance in Essex's trial was Bacon's ai)pcarance against him. lie was none of the crown-lawyers ; so was not obliged by his office to assist at this trial: yet did he not scruide, in order to obtain the queen's favour, to be active in bereaving of life his friend and patron, whose generosity he had often experienced, lie compared Essex's conduct, in pretending to fear the attempts of his adversaries, to that of Pisistratus, the Athenian, who cut and wounded his own body ; and making the people be- lieve that his enemies had committed the violence, obtained a guard for his person, by whose assistance lie afterwards subdued the liberties of his country. After Essex had passed some days in the solitude and retlections of a prison, his proud heart was at last subdued, not by the fear of death, but by the senti- ments of religion ; a principle which he had before attempted to make the instrument of his ambition, but which now took a more firm hold of his mind, and prevailed over every other motive and consideration. Uis spiritual directors pursuaded him, that he never could obtain the ]iardon of heaven, uiile!,s he made a fiUl confession of his disloyalty ; and he gave into the council an account of all his criminal designs, as well as of his correspondence with the king of Scots. He spared not even his most intimate friends, such as lord Mountjoy, whom he had engaged in these conspiracies; and he sought to pacify his present remorse by making such atonements as, in any other period of his life, he would have deemed more blameable than those at- tempts themselves which were the objects of liis peni- tence. Sii' Ilarrj' Nevil, in particular, a man of merit, he accused of a correspondence with the conspirators ; though it appears that this gentleman had never as- sented to the ])roposals made him, and was no further criminal than in not reveahng the earl's treason ; an office to which eveiy man of honour naturally bears the strongest reluctance. Nevil was thrown into prison, and underwent a severe persecution ; but as tlie queen found Mountjoy an able and successful com- mander, she continued him in his goverument, and sacrificed her resentment to the public service. UIS EXECUTION. February 25. Elizabeth affected extremely the praise of clemency ; and in every great examjile which she had made during her reign, she had always ajipeared full of re- luctance and iipsitation ; but the present situation of Essex called forth all her tender aSections, aud kept her in the most real agitation and irresolution. She felt a perpetual combat between resentment and incli- nation, pride and compassion, the care of her own safety and concern for her favourite ; and her situa- tion, during this interval, was perha))S more an object of pity than that to which Essex himself was reduced. She signed the warrant for his execution ; she coun- termanded it ; she again resolved on his death ; she felt a new return of tenderness. Essex's enemies told her, that he himself desired to die, and had assured her, that she never could be in safety while he lived : it is likely tli.at this proof of penitence and concern for her would produce a contrary effect to what they in- tended, and would revive all the fond affection which she had so long indulged towards the unhappy pri- soner. But what chiefly hardened her heart against him was his supposed obstinacy, in never making, as she hourly expected, any application to her for mercy ; and she finally gave her consent to his execution. He discovered at his death symptoms rather of penitence and piety than of fear ; and willingly acknowledged the justice of the sentence by which he suffered. 'The execution was private in the Tower, agi-eeably to his own request, lie was apprehensive, he said, lest the favour and compassion of the people would too much raise his heart in those moments, when humiliation under the afflicting hand of Heaven was the only proper sentiment which he could indulge. And the queen, no doubt, thought that prudence required the removing of so melancholy a spectacle from the public eye. Sir Walter Raleigh, who came to the Tower oa purpose, and who beheld Essex's execution from a window, increased much by this action the general hatred under which he already laboured : it was thought that his solo intention was to feast his eyes with the death of an enemy ; and no apology which he could make for so ungenerous a conduct, could bo accepted by the public. The cruelty and animosity with which he urged on Essex's fate, even when Cecil relented, were still regarded as the principles of tliis unmanly behaviour. The earl of Essex was but thirty-four years of age, when his rashness, imprudence, and violence, brought him to this untimely end. We must here, as in many other instances, lament the inconstancy of human na- ture, that a person endowed with so many noble vir- tues, generosity, sincerity, friendship, valour, elo- quence, and industry, should, in the latter period of his life, have given veins to his ungovernabie passions, and involved not only himself but many of his friends in utter ruin. The queen's tenderness and passion for him, as it was the cause of those premature honours wliich he attained, seems, on the whole, the chief circumstance which brought on his unhappy fate. Confident of her partiality towards him, as well as of his own merit, he treated her with a haughtiness which neither her love nor her dignity could bear; and as her amorous inclinations, in so adv.inced an age, would naturally make her ap])ear ridiculous, if not odious in liis eyes, he was engaged by an imnru- d4,0 THE HISTORY OF ENGLAND to dis [Chap. XLIV. dent opcnnpss, of which he ma.lc piofcssion cover too ea.sUv tliose scutiments to her. The many reconcihations "and returns of aiiW-tion, ot which ho had still made adN-antage, induced hini to venture on new provocations, till he pushed her beyond a 1 bounds of patience ; and he forgot that, though the senti- ments of the woman wero ever strong m her, those ot the sovereign liad still, in the end, appeared predomi- Soine of Essex's associates, Cuffe, Davers, Blount, Jleric, and Davies, were tried and condemned, and all of these, except Davies, were executed. The queen pardoned the rest ; being persuaded that they were (Ir.iwn in merely from their fi-iendship to that noble- man, and their care of his safety ; and were ignorant of the most criminal part o( his intentions. South- am|>ton"s life was saved with great difficulty, lint he was detained in prison during the remainder of this reign. 'i'he king of Scots, apprehensive lest his correspond- ence with" Essex might have been discovered, and have given offence to KlizabetlL, sent tlie earl of Marre and lord Kinloss as ambassadors to England, in order to congratulate the queen on her escape from the late iiisiirroetion and conspiracy. They were also ordered to make secret inquiry whether any measures had been taken by her for excluding him from the succession, as well as to discover the inclinations of the chief nobility and counsellors, in case of the queen's demise. Tliey found the dispositions of men as favourable as they could wish ; and they even entered into a correspon- dence with secretary Cecil, whose influence, after the fall of ICssex, was now uncontrolled, and who was re- solved, by this policy, to acquire in time the confidence of the successor. He knew how jealous Elizabeth ever was of her authority, and he therefore carefully con- cealed from her his attachment to James : but he afterwards asserted, that nothing could be more advan- tageous to her than this correspondence ; because the king of Scots, secure of mounting the throne by his undoubted title, aided by those connexions with the English ministry, was the less likely to give any dis- turbance to the present sovereign. He also persuaded that prince to remain in quiet, and patiently to expect tliat time should open to liiin the inheritance of the crown, without pushing his friends on desperate enter- prises, which would totally incapacitate them from serving him. James's equity, as well as his natural facility of disposition, easily inclined him to embrace that resolution; and in this manner the minds of the English were silently but universally disposed to admit, without opposition, the succession of the Scottish line : the death of Essex, by putting an end to faction, had been rather favourable than prejudicial to that great event. FREXCn AFFAIRS. The French king, who was little prepossessed in f.ivour of James, and who, for obvious reasons, w.as averse to the union of England and Scotland, made his ambassador drop some hints to Cecil, of Henry's wil- lingness to concur in any measurefor disappointing the hopes of the Scottish monarch ; but as Cecil showed an entire disapprob.ation of such schemes, the court of France took no further steps in that matter ; and thus, the only foreign power which could give much disturb- ance to James's succession, was induced to acquiesce in it. Henry made a journey this summer to Calais, and the queen hearing of his intentions went to Dover, in hopes of h.aving a personal interview with a monarch whom, of all others, she most loved and most respected. The king of France, who felt the same sentiments towards her, would gladly have accepted of the pro- posal; but as many ditilcultics occurred, it appeared necessary to lay aside, by common consent, the project of an interview. Elizabeth, liowever, wrote success- ividy two letters to Henry, one by Edmondes, another by sir Uobert Sidney ; in which she expressed a desire of conferring, about a business of importance, with some minister in whom that prince reiiosed entire con- fidence. The marquis of Rosni, the king's favourito and prime minister, camo to Dover in disguise; and the Slemoirs of that able statesman contain a full account of his conference with Elizabeth. This prin- cess had formed a scheme for establishing, in conjunc- tion with Henry, a new system in Europe, and of fixing a durable balance of power, by the erection of new states on the ruins of the house of Austria. Slie had even the prudence to foresee the perils which might ensue from the aggrandizement of her ally ; and she purposed to unite all the seventeen provinces of the Low Countries in one republic, in order to form a per- petual barrier against the dangerous increase of the French as well as of the Spanish mouarchy. Henry had himself long meditated such a project against the Austrian family; and Rosni could not forbear express- ing his astunisliment, when he found that Elizabeth and his master, though they had never communicated their sentiments on this subject, not only had entered into the same general views, but had also formed the same plan for their execution. The affairs, however, of France were not yet brought to a situation which might enable Henry to begin that great enterprise; and Rosni satisfied the queen, that it would be neces- sary to postpone for some years their united attack on the house of Austria. He departed, filled with just admiration at the solidity of Elizabeth's judgment, and the greatness of her mind ; and he owns that she was entirely worthy of that high reputation which she en- joyed in Europe. The queen's magnanimity in forming such extensive projects was the more remarkable, as, besides her hav- ing fallen so far into the decline of life, the affairs of Ireland, though conducted with abilities and success, were still in disorder, and made a great diversion of her forces. The expense, incurred by this war, lay heavy upon her narrow revenues ; and her ministers, taking advantage of her disposition to frugality, pro- posed to her an expedient of saving, which, though she at first disapproved of it, she was at last induced to embrace. It was represented to her, that the great sums of money remitted to Ireland for the pay of the English forces, came, by the necessary course of circu- lation, into the hands of the rebels, and enabled them to buy abroad all necessary supplies of arms and am- munition, which from the extreme poverty of that kingdom, and its waut of every useful commodity, they could not otherwise find means to purchase. It was therefore recommended to her, that she should pay her forces in base money; and it was asserted, that, besides the great saving to the revenue, this species of coin could never be exported with advantage, and would not pass in any foreign market. Some of her wiser counsellors maintained, that if the pay of her soldiers were raised in proportion, the Irish rebels would neces- sarily reap the same benefit from the base money, which would always bo taken at a rate suitable to its value ; if the pay were not raised, there would be danger of a mutiny among the t'roops, who, whatever nanies might be affixed to the pieces of metal, would soon find from experience, that they were defrauded in their income. Hut Elizabeth, though she justly valued herself on fix- ing the standard of the English coin, much debased by her predecessors, and had innovated very little in that delicate article, was seduced by the specious arguments employed by the treasurer on this occasion ; and she coined a great quantity of base money, which he made use of in the pay of her forces in Ireland. MOUNTJOY'S SUCCESS IN IRELAND. Mountjoy, the deputy, was a m.an of .abilities ; and foreseeing the danger of mutiny among the troops, ha led them instantly into the field, and resolved, by nie.ins of strict discipline, .ind by keeping them employed against the enemy, to obviate those inconveniences Chaf. XLIV.] ELIZABETH, 1.558—1603 641 which were justly to he apprehended. Ho made mili- laiT roads, and built a fortress at Jfoghery ; he drove t)ie Mag-Genises out of Locale ; he harassed Tyrone in Ulster with inroads and lesser expeditions; and by de- stroying everywhere, and duriug all seasons, the i)rovi- sions of tlie Iri>>h, he reduced them to perish by famine in the woods and morasses, to which they were obliged to retreat. At the same tinie, sir Henry Docwray, who commanded another body of troops, took tlie castle of lierry, and put garrisons into Newton and Ainogh; and liaving seized the monastery of Donnogal, near lialishannon, he threw troops into it, and defended it against the assaults of O'Dounel and the Irish. Nor wa.s sir George C'arew idle in the province of Munster. He seized the titular enrl of Desmond, and sent him over, with Florence Macarty, another chieftain, prisoner to England. lie arrested many suspected persons, and took hostages from others. And having got a re-en- forcenent of two thousand men from Kugland, he threw himself into Cork, which he supplied with arms and provisions ; and he put everything in a condition for resisting the Spanish invasion, which was daily ex- pecteil. The deputy, informed of tlie danger to which the sonlhern inovinces were exposed, left tlie prosecu- tion of the war against Tyrone, who was reduced to great extremities ; and he marched with his army into Munstcr. At Inst the Spaniards, imder don John d'.\quila, ar- rived at Kinsale; (23rd September); and sir Itichard I'iercy, who commanded in the town with a small gar- rison of a hundred and fifty men, found himself obliged to abandon it on their appearance. Tliese invaders amounted to four tliousand men, and the Irish disco- vered a strong propensity to join them, in order to free themselves from the Knglish government, witli which they were extremely discontented. One chief ground of their complaint was the introduction of trials by jury; an institution abhorred by that people, though nothing contributes more to the support of that equity and liberty for which the English laws are so justly celebrated. The Irish also bore a great fa\OHr to the Sp.aniards, liaving euteiiained the opinion that they themselves were descended from tb.nt nation ; and their attacliment to tlie catholic religion proved a new cause of affection to the invaders. D'Aquila assumed the title of general in the holy war fir the preservation of the Jiiith in Ireland ; .and he endeavoured to persuade the people that Elizabeth was, by several bulls of the pope, dejirived of her crown : that her subjects were absolved from their oaths of allegiance : and that the Spaniards were come to deliver the Irish from the dominion of the devil. Slountjoy found it necessary to act with vigour, in order to prevent a total insurrection of the Irish ; and having collected his forces, he formed the siege of Kiiisale by land ; while sir Ilichard Levison, with a small squadron, blockaded it by sea. He had no sooner begun his operations, than he heard of the arrival of another body of two thousand Spaniards under the command of Alphonso Ocampo, who had taken possession of Baltimore and Berehaven; and he was obliged to detach sir George Carew to oppose their progress. Tyrone, meanwhile, with llandal, Mac-Surley, Tirel, b,aron of Kelly, and other chieftains of the Irish, liad joined Ocampo with all tlieir forces, and were marching to the relief of Kinsale. The deputy, in- formed of their design by intercepted letters, made preparations to i-cceive them ; and being re-enforced by Levison with six hundred marines, he posted his troops on an advantageous ground, which lay on the passage of the enemy, leaving some cavalry to prevent a sally from d'Aquila and the Siianish garrison. When Ty- rone, with a detachment of Irish and Spaniards, ap- proached, he was surprised to find the English so well posted, and ranged in good order ; and he immediately sounded a retreat : but the deputy gave orders to pur- sue him; and having thrown these advanced troops into disorder, ho followed them to the main body, whom he (Use attacked, and put to light, with the slaughter of twelve hundred men. Ocampo was taken prisoner ; Tyrone fled into Ulster; O'Donuel made his escape into Spain ; and d'Aquila, finding himself reduced to the greatest difficulties, was obliged to capitulate upon such terms as the deputy prescribed to him : he sur- rendered Kinsale and Baltimore, and agreed to evacuate the kingdom. This great blow, joined to other suc- cesses, gained by 'W'ilmot, governor of Kerry, and by lloger and Gavin IJarvey, tlirew the rebels into dismay, and gave a prospect of the final reduction of Ireland. A PARLIAME.NT. October 27. The Irish war, though successful, was extremely burdensome on the queen's revenue ; and besides the supplies granted by jiarlbment, which were indeed very small, but which they ever reg.arded as mighty concessions, she bad been obliged, notwithstanding her great frugality, to employ other expedients, such as selling the royal demesnes and crown-jewels, and ex- acting loans from the people, in order to support this cause, so essential to the honour and interests of Eng- land. The necessity of her affairs obliged her a^ain to summon a parliament ; and it here appeared, that, though old age was advancing fast upon her, thoush she had lost much of her popularity by the unfortunate execution of Essex, insomuch that, wlien she appeared in public, she was not attended with the usual accla- mations, yet the powers of her prerogative, supported by vigour, still remained as high and uncontrollable an ever. The active reign of Elizabeth had enabled many per- sons to distinguish themselves in civil aud military employments ; and the queen, who was not able, from her revenue, to give them any rewards proportioned to their services, had made use of an expedient which had been employed by her predecessor, but which had never been carried to such an extreme as under her administration. She granted her servants and cour- tiers patents for monopolies ; and these patents they sold to others, who were thereby enabled to raise com- modities to what price they pleased, and who put in- vincible restraints upon all commerce, industry, and emulation in the arts. It is astonishing to consider the number aud importance of those commodities, which were thus assigned over to patentees. Currants, salt, iron, powder, cards, calf-skins, fells, pouldavies, ox-shin-bones, train-oil, lists of cloth, pot-ashes, anui- seeds, vinegar, sea-coals, steel, aquavitas, brushes, pots, bottles, saltpetre, lead, accidences, oil, calamine-stone, oil of blubber, glasses, jiaper, starch, tin, sulphur, new drapery, dried pilchards, transportation of iron ord- nance, of beer, of horn, of leather, importation of Spanish wool, of Irish yarn : these are but a part of the commodities which had been appropriated to monopo- lists. When this list was read in the house, a member cried, "/s not bread in the numlerV " Dread!" said every one with astonishment : " Yes, I assure you," re- plied he, " if affairs go on at this rate, tfe shall have bread reduced to a monopoly before next parliament,'^ These monopolists were so exorbitant in their demands, that in some places they raised the price of salt from six- teenpence a bushel, to fourteen or fifteen shillings. Such high profits naturally begat intruders upon their commerce; aud in order to secure themselves against encroachments, the patentees were armed with hifh and arbitrary powers from the council, by which they were enabled to oppress the people at pleasure, and to exact money from such as they thought proper to ac- cuse of interfering with their patent. The patentees of saltpetre h.aving the power of entering into every house, and of committing what havoc they pleased in stables, cellars, or wherever they suspected saltpetre might be gathered, commonly extorted money from those who desired to free themselves from this damage or trouble. And while all domestic intercourse was thus restrained, lest any scope should remain for in- dustry, alinoat every species of foreign commerce v.-ns 542 THE HISTORY OF ENGLAND. [Chap.XLIV. confined to exclusive companies, who bought nnd sold at any price that they themselves tliought proper to offer or exact. These grievances, the most intolerable for the pre- sent, and the most pernicious in their consequences that'ever v^cre known in any age, or tmder any govern- ment, had been mentioned in tlie last parliament, and a petition had even been presented to tlie queen com- plaining of tlie patents; but she still persisted in de- fending her monopolists against her people. A bill was now introduced into the lower house, abolishing all these monopolies; and as the former application had been successful, a law was ipsistcd on as the only certain expedient for correcting these abuses. The courtiers, on the other hand, maintained that this mat- ter regarded the prerogative, and that the commons could never hope for success if they did not make ap- plication, in the most humble and respectful manner, to the queen's goodness and beneficence. The topics which were advanced in the house, and which came equally from the courtiers and the country gentlemen, and were admitted by both, will appear the most ex- traordinary to such as are prepossessed with an idea of the privileges enjoyed by the people during that age, and of the liberty possessed imder the administration of Elizabeth. Itwas asserted, that the queen inherited both an enlarging and a restraining power; by her pre- rogative she might set at liberty what was restrained by statute or otherwise, and by her prerogative she niight restrain what was otherwise at liberty : that the royal prerogative was not to be eanva-ssed, nor disputed, nor examined ; and did not even admit of any limita- tion : that absolute princes, such as the sovereigns of England, were a species of divinity : that it was in v.ain to attempt tying the queen's hands by laws or statutes : since, by means of her dispensing power, she could loosen herself at pleasure : and tjiat even if a clause should be annexed to a st.atute, excluding her dispeus- iu" power, she could first dispense with that clause, and then with the statute. After all this discourse, more worthy of a Turkish div.an than of an English house of commons, according to our present idea of this assembly, the queen, who perceived how odious monopolies had become, and what heats were likely to arise, sent for the speaker, and desired him to acquaint the house, that she would immediately cancel the most grievous and oppressive of these patents. [See note 4 T, at the end of this I'o/.] The house was struck with astonishment, and admi- ration, and gratitude, at this extraordinary instance of the queen's goodness and condescension. A member s.aid, with tears in his eyes, that if a sentence of ever- lasting happiness had been pronounced in his favour, he could not have felt more joy than that with which he was at present overwhelmed.* Another observed, that this message from the sacred person of the queen was a kind of gospel or glad-tidings, and ought to be received as such, and be written in the tablets of their hearts. And it was further remarked, that in the same manner as the Deity would not give his glory to another, so the queen herself was the only agent in their present prosperity and happiness. The house voted, that thft speaker, with a committee, should ask permission to wait on her majesty, and re- turn thanlcs to her for her gracious concessions to her people. When the spe.iker, with the other members, was in- troduced to the (pieen, they all flung themselves on theh' knees; and lemained in that posture a consi- derable time, till she tiiought proper to express her desire that they should rise. The speaker displayed the gratitude of the commons; because her sacred • We loam from Hcntrnci's Travels, that no one spoke to queen Elizabeth without knttlinK: thniiiih now and then slie raised some \rith waving htr hard. Nay, wherever jlie tnrnfd her eye, every one feU on liis knees. Her successor first allou cd his courtiers to omit triis ceremony ; and as he exerted not tile power, so he relini]uished the aj-pearance of dt^spotism. Even when queen EliTalieth was alisent, those who covered her table, tliuuch persons of quttlity, neither approached it nor rctircdfrom it without kneeling, and that &ft»ai thrcv time* ears were ever open to hear them, and her bleesed liands ever stretched out to relieve them. They .ac- knowledged, lie said, in all duty and thankfulness acknowledged, that before they called, her preventing fjrace and atl~de$€rving goodness watched over them for their good ; more ready to give tlian they could desire, much less deserve. He i-emarked. that the attribute w hich was most proper to God, to perform all ho pro- niiseth, appertained also to her ; and that she was all truth, all constancy, and all goodness. And he con- cluded with these expressions, " Neither do we present our thanks in words, or any outward sign, which can be no sufficieut retribution for so great goodness ; but in all duty and thankfulness, prostrate at your feet, we present our most loyal and thankful hearts, even the last drop of blood in our hearts, and the last spirit of breath in our nostrils, to be poured out, to be breathed up for your safety. The queen heard very patiently this speech, in which she was flattered in phrases appropriated to the Supreme Being ; and sho returned an answer full of such expressions of ten- derness towards her people, as ought to have ajipeared fulsome after the late instances of rigour which she had employed, and from which nothing but neces- sity had made her depart. Thus was this critical atfair happily terminated ; and Elizabeth, by pru- dently receding, in time, from part of her prerogative maintained her dignity and preserved the afiections ot her people. The commons granted her a supply quite unprece- dented, of four subsidies and eight fifteenths; and they were so dutiful as to vote this supply before they received any satisfaction in the business of monopo- lies, which they justly considered as of the utmost im- portance to the interest and happiness of the nation. Had they attempted to extort that concession by keeping the supply in suspense ; so haughty was the queen's disposition, that this appearance of con.straint and jealously had been sufficieut to have produced a denial of all their requests, and to have forced her into some acts of authority still more violent and arbitrary. The remaining events of this reign are neither nu- merous nor important Ifi02. The queen, finding that the Spaniards had involved her in so much trouble by fomenting and assisting the Irish rebellion, resolved to give them employment at home; and she fitted out a squadron of nine ships, iinder sir Bichard Levisou, admiral, and sir William Monson, vice-admiral, whom she sent on an expedition to the coast of Spain. The admiral, with jiart of the squadron, met the galleons loaded with treasure; but Avas not strong enough to attack thein. The vice-admiral also fell in with some rich ships ; but they escaped for a like reason ; and these two brave officers, that their expedition niight not prove entirely fruitless, resolved to attack the harbour of Cerimbra, in Portugal, where they received intelligence, a very rich carrack had taken shelter. The harbour was guarded by a castle : there were eleven galleys stationed in it : and the militia of tho country, to the number, as was believed, of twenty thous.and men, appeared in arms on the shore : yet, notwithstanding these obstacles, and others derived from the winds and tides, the English squadron broke into the harbour, dismounted the guns of the castle, sunk, or burnt, or put to flight, the galleys, and obliged the carrack to surrender. They brought her home to England, and sh.e was valued at a million of ducats : a sensible loss to the Spaniards; and a supply still more important to Elizabeth. f TYRONE'S SUBMISSION. 1C03. The affaire of Ireland, after the defeat of Tyrone and the expulsion of the Spaniards, hastened to a settlement. Lord Jlountjoy divided his army into t This year the Spaniards heean the siepeof Ostcnd, which waa bravely defended lor tive months by sir Francis Verc. The States then rehcved liiin, by sendin{< a new governor ; and on the whole the siepe -a^tcl thrt* jn.ir^, and is tx-mputed to ha\c cost the lives pf a hundred thousand men. Chap. XLIV.] ELIZABETH, 1558—1003 543 umall parties, and harassed the rehds on ovory side. He built Chailomout, and many other small forts, which were impregnable to the Irish, and guarded all the important passes of the country: the activity of sir Henry Docwray and sir Artluir Chichester per- mitted no repose or security to the rebels: and many of the chieftains, after skulking, during some time, in woods and morasses, submitted to mercy, and re- ceived such conditions as tlio deputy was pleased to impose upon them. Tyrone himself made a]>plication by Arthur Mae-Baron, his brother, to be received upon terms : and Jlonntjoy would not admit him ex- cept he made an absolute surrender of his life and fortunes to the queen's mercy. Ho appeared before the deputy at Millefont, in a habit and posture suitable to his present fortune; and after acknowledging his offence in the most humble terms, he was committed to custody by Mountjoy, who intended to bring him over captive into England, to be disposed of at the queen's pleasure. QUEEN'S SICKNESS AND DEATH. Cut Elizabeth was now incapable of receiving any satisfaction from tliis fortunate event ; she had fallen into a profound melancholy ; which all the advan- tages of her high fortune, .all the glories of her pros- perous reign, were unable in any degree to alleviate or assu.age. Some ascribed this depression of mind to her repentance of granting a pardou to Tyrone, whom she had always resolved to bring to condign punish- ment for his treasons, but who had made such interest with the ministers, as to extort a remission fi'om her. Others, with more likeliliood, accounted for her de- jection by a discovery which she made of the corre- spondence maintained in her court with her successor, the king of Scots, and by the neglect to wliich, on account of her old age and infirmities, she imagined herself to bo exposed, liut there is another cause assigned for her melancholy, which has long been re- jected by historians as romantic, but which late disco- veries seem to have confirmed : * some incidents h;ip- poned which revived her tenderness for Essex, and filled her with the deepest sorrow for the consent which she had unwarily given to his execution. The earl of Essex, after his return from the fortu- nate expedition against Cadiz, observing the increase of the ((ueen's fond att.achment towards him, took occa- sion to regret, that the necessity of her service re- quired him often to be absent from her person, and exposed hiiu to .all those ill offices, which his ene- mies, more assiduous in their attendance, could em- jiloy against him. She was moved with this tender jealousy; and making him the present of a ring, de- sired him to keep that pledge of her affection, and assured him, that into whatever disgrace he should fall, whatever prejudices she might be induced to en- tertain against liini, yet if he sent her that ring, she would immediately upon sight of it recall her former tenderness, would afford him a patient hearing, and woulil lend a favourable ear to his apology. Essex, notwithstanding .all Ids misfortunes, reserved this pre- cious gift to the last extremity; but .after his trial and condemnation, he resolved to try the experiment, and he committed the ring to the countess of Nottingham, whom he desired to deliver it to the queen. The countess was prevailed on by her husband, the mortal eneiny of Essex, not to execute the commission; and Elizabeth, who still expected that her favourite would nuxke this hist appeal to her tenderness, and who as- cribed the neglect of it to his invincible obstiniicy, was, after much delay and many internal combats, pushed by resentment and policy to sign the w.arrant for his execution. The countess of Nottingh.am full- ing into sickness, and affected with the near approach of death, was seized with remorse for her conduct ; • Soc the proofs of this rcmnrVable f.ice collected in Birch's Negodations, 1>.2II8| audltleuioin, vol. iv. 4I!1, SuS. SU6, &c. .and having obtained a visit from tlie queen, she cr.aved her pardon, and revealed to her tlie fatal secret. Tlio queen, astonished with this incident, burst into a fu- rious passion; she sliook the dying countess in her bed ; and crying to her. That Gud iiiiglU pardon her, but she never could, she broke from her, and tliencefortii resigned herself over to the deepest and most in- curable melancholy. She rejected all consolation, she even refused food and sustenance; and throwing lier- self on the lloor, she remained sullen ;uid immoveable, feeding her thoughts on her afflictions, and declaring life and existence an insufferable burden to her. Few words she uttered ; and they were all expressive of some inwai-d grief, which she cared not to reveal : but sighs and groans were the chief vent which she gave to her despondlace nearer than Muscovy. The patent of Ingh-con- stable, granted to earl Rivers by Edward 1\'., ])iove3 the nature of the office. The powers are unlimited, perpetual, and remain in force during peace as well as during war and rebellion. The parliament in Ed- ward VI. 's reign acknowledged the jurisdiction of the constabia and martial's-court to be part of the law of the laud. The star-chamber, and high commission, and court- martial, though arbitrary jurisdictions, had still some pretence of a trial, at least of a sentence; but there was a grievous punishment very generally inflicted in that iige, without any other authority than the wiirrant of a secretary of state, or of the privy-council ;' and that was imprisonment in any jail, .and during any time that the ministers should think proper. In suspicious times, all the jails were full of prisoners of state; and these unhappy victims of public jealousy were some- times thrown into dungeons, and loaded with irons, and tieated in the most cruel manner, without their being able to obtain any remedy from law. This practice was an indirect w.ay of employin"' toiture; but the raclc itself, though not adnutted in the ordinary execution of justice, was frequently used, upon .any suspicion, by authority of a warrant from a secretary or the privy-council. Even the council in the marches of Wales was empowered, by their very commission, to make use of torture whenever they thought proper. There cannot be a stronger proof how lightly the rack was employed, than the following story told by lord Bacon. We shall give it in his own words : " The queen was mightily incensed against 1 fay warde, on account of a book he dedicated to lord Essex, being a story of the first year of Henry IV., thinking it a seditious prelude to put into the people's heads boldness and faction :+ she said, she had an opinion that there was treason in it, and asked me. If I could not find .any places in it, that might be drawn within the case of treason ? Whereto I answered, For treason, sure I found none; but for felony very many : and when her majesty hastily asked me, Wlierein ? I told her, the author had connnitted very app.arent theft : for he had taken most of the sentences of Cor- nelius Tacitus, and translated them into English, and put them into his text. And another time when the qrieen could not be persuaded that it was his writing whose name was to it, but that it had some more mis- chievous .author, and said, with great indignation, that she would have him r.acked to produce his author; I replied, N.ay, madam, ho is a doctor, never rack his person, but r.ack his style: let him have pen, ink, and p.aper, and help of books, and be enjoined to continue the story whore it breaketh off, and I will undertake, by collating the styles, to judge whether he were the author or no." Thus, had it not been for B.acon's hu- manity, or rather his wit, this author, a num of letters, had been put to the rack for a most innocent perform- ance. His real offence was, his dedicating a book to • In IjftR, the lord mayor committed several citicelis to prison, bccaiui they refused to pay the loan demanded nf them. M iinlen, p. C<.2. f To our apprehension, Hayiearde's borik seems rather to iiave a contrary tsiideney. For he ha.s there preserved the famous speech of the bishop of tlrlisle, which contains, in the most express terms, the doctrine of pa^ivj obedience, llut queen Elizabeth was very diltieult to please on ihb held 4A 546 THE HISTORY OF ENGLAND. tUnt munificent patron of the learned, the carl of Esse.-c, at a time when this nobleman lay under her majesty's displeasure. The queen's menace, of trying and punishing liay- wardo for treason, could easily have been executed, let his book have been ever so innocent. Wliile so many tenors hung over the people, no jury durst have ac- quitted a man, wlien the court was resolved to have him condemned. Tlie practice also of not confronting witnesses with the prisoner, gave the crown lawyers all imaginable advantage against him. And, indeed, there scarcely occurs an instance during all these reigns, that the sovereign or the ministers were ever disappointed in the issue of a prosecution. Timid ju- ries, and judges who held their offices during pleasure, never failed to second all the views of the crov.n. And as the practice was anciently common, of fining, im- prisoning, or otherwise punishing the jurors, merely at the discretion of the court, for finding a verdict con- trary to the direction of these dependent judges; it is obvious, tliat juries were then no manner of security to tlie liberty of the subject. The power of pressing both for sea and land service, and obliging any person to accept of any office, how- ever mean or unfit for him, was anotlier prerogative totally incompatible w ith freedom. Osborne gives the following account of Elizabeth's method of employing this prerogative. " In case she found any likely to hiterrupt her occasions," says he, "she did seasonably prevent him by a chargeable employment abroad, or putting him upon some service at home which she knew least grateful to the people : contrary to a false ma.vim, since practised with far worse success, by such princes as thought it better husbandry to buy off ene- mies than reward friends." The practice with which Osborne reproaches the two immediate successors of Elizabeth, proceeded partly from tlie extreme difficulty of their situation, partly from the greater lenity of their disposition. The power of pressing, as may na- turally be imagined, was often abused, in other respects, by men of inferior rank; and officers often exacted money for freeing persons from the service. The government of England, during that age, liow- ever different in other particulars, bore, in this respect, some resemblance of that of Turkey at present : the sovereign possessed every power except that of impos- ing taxes : and in both countries this limitation, un- supported by other privileges, appears rather prejudi- cial to the people. In Turkey, it obliges the sultan to permit the extortion of the bashas and governors of provinces, from whom he afterwards squeezes presents or takes forfeitures : in England, it engaged the queen to erect monopolies, and grant patents for exclusive trade : an invention so pernicious, that had she gone on during a tract of j'ears at her own rate, England, the seat of riches, and arts, and commerce, would have contained at present as little industry as Morocco, or the coast of Barbary. We may furlher observe, that this valuable privilege, valuable only because it proved afterwards the means by wliicli the parliament e.xtorted all their other privi- leges, was very much encroached on in an indirect manner during the reign of Elizabeth, as well as of her predecessors. She often exacted loans from her peo- ple; an arbitrary and unequal kind of imposition, and which individuals felt severely: for tliough the money had been regularly repaid, which was seldom the case, it lay in the prince's hands without interest, which was a sensible loss to the persons from whom the money was borrowed. There remains a proposal made by lord Burleigh for levying a general loan on the people, equivalent to a subsidy;" a scheme which would have laid the burden more equally, but which was, in different words, a tax- • I n the second of Kichard II. it was enacted. That in .oans, which the Kintc shall re-iuire of his sulijecls upon letters of privv-seil, such as have reojiiinuble excuse of not lending, may there lie received without further Climnions, travel, or K^'ef. See Cotton's ^tirid?. p. 170. IJv this law the kins''s |)rero^-ative of exacting- loans was ratified; and ivtiat ouKiilto bedcmlt 1 -eaaitttnbic excuse, was still Ictt in his own lucast to determine. ation imposed without consent of pirliamtnt. It is reniark.able, that the scheme thus proposed without any visible necessity by that wise minister, is the very same which Henry VIII. executed, and which Ch.arles I., enraged by ill usage from his iiarliament, and re- duced to the greatest difficulties, put afterwards in practice, to the great discontent of the nation. Tlie demand of benevolence was another invention of that age for taxing the people. This practice Avas so little conceived to be irregular, that the commons in 1585 ofi'ered the queen a benevolence ; which she very generously refiisetl, as having no occasion at that time for money. Queen Jlary also, by an order of council, increased the customs in some branches ; and her sis- ter imitated the example. There was a species of ship- money imposed at the time of the Spanish invasion : the several ports were required to equip a certain num- ber of vessels at their own charge ; and such was the alacrity of the people for the public defence, that some of the ports, particularly London, sent double the num- ber demanded of them. When any levies were made for Ireland, Fiance, or the Low Countries, the queen obliged the counties to levy the soldiers, to arm and clct he them, and carry them to the sea-ports at their 0. .1 charge. New year's gifts were at that time ex- pected from the nobility, and from the more consider- able gentry. Purveyance and pre-emption were also methods of taxation, imequal, arbitrary, and oppressive. The whole kingdom sensibly felt the burden of those impo- sitions; and it was regarded as a great privilege con- ferred on Oxford and Cambridge, to prohibit the pur- veyors from taking any commodities within five miles of these universities. The queen victualled her navy by means of this prerogative, during the first years of Iier reign. Wardship was the most regular and legal of all these impositions by prerogative : yet was it a great badge of slavery, and oppressive to all the considerable fami- lies. When an estate devolved to a, female, the sove- reign obliged her to marry any one he pleased : whe- ther the heir were male or female, the crown enjoyed the whole profit of the estate during the minority. The giving of a rich wardship was a usual method of re- warding a courtier or favourite. The inventions were endless which arbitrary power might employ for the extorting of money, while tlie people imagined that their property was secured by the crown's being debarred from imposing taxes. Strype has preserved a speech of lord Burleigh to the queen and council, in wliich are contained some parti- culars not a little extraordinary. Burleigh proposes that she should erect a court for the correction of all abuses, and should confer on the commissioners a ge- neral inquisitorial power over the whole kingdom. lie S'jts before her the example of her wise grandfather, Henry VII., who, by such methods, e.\.trcmely aug- mented his revenue; and he recommends that this new court should proceed "as well by the direction and ordinary course of the laws, as by virtue of her majesty's supreme regiment and absolute power, from whence law proceeded." In a word, he expects from this institution greater accession to the royal trea- sure than Henry VIII. derived from the abolition of the abbeys, and all the forfeitures of ecclesiastical reve- nues. This project of lord Burleigh's needs not, I think, any comment. A form of government must be very arbitrary indeed, where a wise and good minister could make such a proposal to the sovereign. Embargoes on merchandise was another engine of royal power, by which the English priuces were able to extort money from the people. We have seen in- stances in the reign of Mary. Elizabeth, befoi-e her I coronation, issued an order to the custom-house, prohi- ! biting the sale of all crimson silks which should be im- ported, till the court were first supplied. She expected, no doubt, ;i good pennyworth from the merchants while they lay under this restraint. APPENDIX in. 547 Tlio parliament pretended to the right of enacting laws, as well as of grantini subsides; but this privilege was, during that age, still more insignificant than the other. Queen Elizabeth expressly proliibited them from meddling either with state nuitters or ecclesiastical causes; and she openly sent the members to prison who dared to transgress her imperial edict in these par- ticulars. There passed few sessions of parliament during her reign where there occur not instances of this arbitrary conduct. Cut the legislative power of the parliament was a mere fallacy ; while the sovereign was universally ac- knowledged to possess a dispensing power, by which all the laws could be invalidated, and rendered of no effect. The exercise of this power was also an indirect method practised for erecting monopolies. Wlicre the statutes laid any branch of manufacture under re- strictions, the sovereign, by exempting one person from the laws, gave him in effect the monopoly of that commodity. Tliere was no grievance at that time more universally complained of than the frequent dis- pensing with the penal laws. But in reality the crown possessed the full legislative power by means of proclamations, which might affect any matter even of the greatest importance, and which the star-chamber took care to see more rigorously executed than the laws themselves. The motives for these proclamations were sometimes frivolous, and even ridiculous. Queen Elizabeth had taken offence at tl\e smell of woad ; and she issued an edict prohibiting any one from cultivating that useful plant. Slie was also plc;iscd to take offence at the long swords and high ruffs then in fashion : she sent about her officers to break every man's sword, and clip every man's ruffj which was beyond a certain dimension. This practice resembles the method employed by the Czar Peter, to make his subjects change their garb. The queen's prohibition of the prophesyinys, or the assemblies instituted for fanatical prayers and confer- ence, w.as founded on .a better reason ; but shows still the unlimited extent of her prerogative. Any number of persons could not meet together in order to read the scriptures, and confer about religion, though in ever so orthodox a manner, without her permission. There were many other branches of prerogative incompatible with an e.xact or regular enjoyment of liberty. None of the nobility could marry without permission from the sovereign. The queen detained the earl of Southampton long in prison, because he privately nuirried the earl of Essex's cousin. No man could tiavel without the consent of the prince. Sir William Evers underwent a severe persecution be- cause he had jjresuraed to pay a private visit to the king of Scots. The sovereign even assumed a supreme and uncontrolled authority over all foreign trade : and neither allowed any prrson to enter or depart the kiugdom, nor any commodity to be imported or ex- ported without his consent. The parliament, in the thirteenth of the queen, praised her for not imitating the practice usual among her predecessors, of stopping the course of justice by particular warrants. There could not possibly be a greater abuse nor a stronger mark of arbitrary power; and tue queen in refraining from it was very laudable. But she was by no means constant in this reserve. There remain in tiie public records some warrants of hers for cxemjiting particular persons from all law- suits and prosecutions; and the.se warrants, she says, she grants from her royal prerogative, which she will not allow to be disputed. It was very usual in queen Elizabeth's reign, and probably in all the preceding reigns, for noblemen or privy-counsellors to commit to prison any one who had happened to displease them, by suing for his just debts; and the unhappy person, though he gained his cause in the courts of justice, was commonly obliged to rehnquisli his property in order to obtain his Uberty. Some likewiae, who had beeu delivered from prisou by the judges, were again committed to custody in soenre places, without .any possibdity of obtaining relief; and even the ofiicers and Serjeants of the courts of law were punished for exeeutmg the writs in favour of these persons. Nay, it was usual to send for jieople by pursuivants, a kind of harpies, who then attended the orders of the council and high commission ; and tliey were brought up to London, and constrained by impri- sonment, not only to withdraw their lawful suits, but also to p.iy the pursuivants great sums of money. The judges, in the 34th of the queen, complain to her ma- jesty of the frequency of this practice. It is piobable that so egregious a tyranny was carried no further down than the reign of Elizabeth; since the parlia- ment, who presented the petition of right, found no later instanies of it. And even these very judges of Elizabeth who thus protect the people against the ty- ranny of the great, expressly allow, that a person com- mitted by special command of the queen is not bailable. It is easy to imagine that in such a government, no justice could by course of law be obtained of the sove- reign, unless he were willing to allow it. In the naval expedition undertaken by Kaleigh and Frobisher against the Spaniards in the year 15!i2, a very rich carrack was taken, worth two hundred thousand pounds. The queen's share in the adventure was only a tenth; but as the prize was so great, and exceeded so much the expectation of all tlie adventurers, she was determined not to rest contented with her share, lialeigh humbly and earnestly begged her to accept of a hundred thou- sand pounds in lieu of all demands, or rather extor- tions ; and says, that the present which the proprie- tors were willing to make her, of eighty thousand pounds, was the greatest that ever prince received from a subject. But it is no wonder the queen in her administration should pay so little regard to liberty ; while the parha- ment itself in enacting laws was entirely negligent of it. The persecuting statutes which they passed against papists and puritans are extremely contrary to tlie ge- nius of freedom; and by exposing such multitudes to the tyranny of priests and bigots, accustomed the people to the most disgj'aceful subjection. Their con- ferring an unlinuted supremacy on the queen, or, what is worse, acknowleding her inherent right to it, was an- other proof of their voluntary servitude. The law of the 23rd of her reign, making seditious words against the queen capital, is also a very ty- rannical statute ; and a, use no less tyrannical was sometimes made of it. The case of Udal, a jiuritani- ciil clergyman, seems singular even in those arbitrary times. This man had published a book called a Demonstration of Discipline, in wdiich he inveighed against the government of bishops ; and though he had carefully endeavoured to conceal his nanu), he was thrown into prison upon suspicion, and brought to a trial for this offence. It w;is pretended, tliat the bishops were part of the queen's political body ; and to speak against them was really to attacic her, and was therefore felony by the statute. Tins was not the only iniquity to which Udal was exposed. The judges would not allow the jury to determine anything but the fact, whether Udal had written the book or not, without examining his intention or the import of the words. In order to prove the fact, the crown lawyers did not i)roduce a single witness to the court : they only read the testimony of two persons absent, one of whom said, that Udal had told him that he was the au- thor ; another, that a friend of Udal's had said so. Tliey would not allow Udal to jn-oduee any exculpatory evidence ; which they said was never to bo i)crmitted against the crown.* And they tendered him an oath, by w liicli he was required to depose, that he was not the author of the book : and his refusal to make that deposition was employed as the strongest proof of his • It was nc\-cr fully established that th« prisoner could VgnAy i)r(Hluc« evi- dcnct- ai-aiitst the crown till after the Re^-olution. See lilack^tone« Commciu taries, vol. iv. p. 'iiti. 64H THP, HISTORY OF ENGLAND. pniU. It is nlinost nooJloss to adtl, tliat notwitlistand- irg those iiinltiplicd iiiiciiiities, a vonlict of iloath was given by the jury a^'ainst Udal : for, as tlie queen was pxtremelv bent upon his prosecution, it was impossible lie eoilil escape. lie died in ])i-ison before execution of the sentence. Tliecaso of Penry, was, if possible, still harder. The man was a zealous puritan, or rather a Brownist, a small sect, which afterwards increased, and received the name of Independents. lie had written against the hierarchy several tracts, such as Martin Mar- jirelate, Tliescs AfarliniantF, and other coni))Ositions, full of low scuiTility and jietulent satire. After con- cealing himself for son\e years, he was .seized ; and as the statute against .seditious words required that the criniiniil should be tried within ayear after committing the offence, he could not be indicted for his printed books, lie was therefore tried for some papers found in his pocket, as if he had thereby scattered sedition. It was also imputed to him, by the lord-keeper Puck- ering, that in some of the.se papers " he had not only acknowledged her majesty's royal power to establish laws, ecclesiastical and civil ; but had avoided the usual terms of makinr;, enactingy dccrecinpy and or- daln'mc] laws: which imply," says the lord-keeper, "a most absolute authority." Penry, for these offences, was condemned and e.xeeuted. Tims have we seen, that the most absolute authority of the sovereign, to make use of the lord-keeper's ex- pression, was established on above twenty br.auches of nrerogative, which are now .abolished, and which were, every one of them, totally incom]iatible witli the liber- ty of the subject. But what ensured more effectually the slavery of the people, than even these branches of jirerogative, was the established principles of the times, which attributed to the prince such an unlimited and iiulofeisible power as was supposed to be the origin of all law, and could be circumscribed by none. The homilies published for the use of the clergy, .and wlucli they were enjoined to read every Sunday in all the churches, inculcate everywhere a blind and unlimited passive obedience to tlie prince, which, on no account, arid imder no pretence, it is ever lawful for subjects in the smallest article to depart from or infringe. Much noise has been made because some court chaplains during the succeeding reigns were permitted to pre.ach sucli doctrines ; but tliere is a great difference between these sermons, and discourses published by authority, avowed by the prince and council, and promulgated to tlie whole nation.* So thoroughly were these principles imbibed by the people, during the reigns of Elizabeth and her predecessors, that opposition to them was re- garded as tlie most flagrant sedition, and was not even rewarded by that public praise and approbation which can alone support men under such dangers and difficul- ties as atteiid the resistance of tyrannical authority.t It was only during the ne.xt generation that the noble principlesof liberty took root, and, spreading themselves under the shelter of puritanical absurdities, became fashionable among the people. It is wortli remarking, that the advantage usually ascribed to absolute monarchy, a greater regularity of ])olice, and a Tnore strict execution of the laws, did not iittend the former English government, though in many respects it fell under that denomination, A deinnn- stration of this truth is contained in a judicious paper which is preserved by Strype, and which was written by an eminent justice of peace of Somersetshire, in the year 1.5!)0, near the end of the queen's reign ; when the autliovity of that princess may be supposed to be • r,Tlf.iririH,.. Ncjil, \'ol. i. ).. 4 ,j. t It IS lemarKaltle. tl.at in «!! rlii- riistorical plays ol Shakwpear, where the c\'on [lit tmnsactlons of the several icin'ns are iTianner^ and tharncteis..irHl e cxaecly copied, there is icareelj- any mention ol civil Ubfrfi/, which some pre- trntled htstoriaiis have iniaKined to be the ohjwt of all the aiieieiu quarrels, Insurrccnons, ami civil wars. In the cUl'orate pancK-vric 01 l':p{,.lautl, ton- tMr^ iri the tra^redy of Kii-I.ard II., and the detail of 'its advannmes, not a wrUc^itselvil ot .stitiiti.iii, ;s anvwi^e dltTeient Iniui, or sil[)erior to, that ol ' liter Kuror^an ku]Kd s; an omission wliieli eannot be supposed in ativ thd Klwllob ■"•"•"- •' — " --^~ " '— -- •-- ■ • ■■ Volutloii, fully corroborated by time, and licr maxima nf govern- ment inijiroved by long practice. This pa)ifr eontailiB an account of the disortiers which then prevailed in tho county of Somerset. The author says, that forty per- sons iiad there been execited in a year tor robbericfi, thefts, and other felonies ; thirty-five burnt in the hand, thirty-seven whipped, one hundred and eighty-three discharged : that those who were discharged were most wicked and desperate jiersons, who never could como to any good, because they would not work, and iiouc would take them into service: that, notwithstanding this great number of indictments, the fifth ]iart of the felonies committed in the county were not brought to a trial : the gi'eater number escaped censure, either from the superior cunning of the felons, the remissness of the magistrates, or the foolisli lenity of the people: that the rapines committed by the infinite number of wicked, wandering, idle peo]de, ^vere intolerable to the poor countrymen, and obliged them to keep a perpetual watch over the sheep-folds, their pastures, their woods, and their corn-fields : that the other coun- ties of England w'cre in no better condition than So- mersetshire ; and many of them were e\en in a worse : tliat there were at least three or four liuudred able- bodied vagabonds in every county, wlio lived by theft and rapine ; and who sometimes mot in troops to the number of sixty, and committed ■■-poll on the inha- bitants; that if all the felons of this kind were assem- bled, they would be able, if reduced to good subjection, to give the greatest enemy her majesty has a strong bailie : and that the magistrates themselves were inti- midated from executing the laws upon them ; and there were instances of justices of peace, who, after giving sentence against rogues, had interposed to stop the execu- tion of theirown sentence, on.account of the dangerwhich hung over tliein, from the confederates of these felons. In the year 1573, the (pieeu complained in parliament of the bad execution of the laws ; and threatened, that if the magistrates were not for the future more vigilant, she would entrust authority to indigent and needy per- sons, wlio would find an interest in a more exact ad- ministration of justice. It appears that she was as good as her word. For in the year lUOl, tliere were great complaints made in parliament of the rapine oi justices of peace ; and a member said, that this ni.agis- trate was an animal who for half a dozen of chickens, would dispen.se with a dozen penal statutes. It is not ea.sy to account for this relaxation of government and neglect of ])oliee during a i-eign of so much vigour as tliat of Elizabeth. The small revenue of the crown is iheniost likely cause that can be assigned. The ipieen had it not in her power to interest a gre.at umnber in assisting her to execute tho laws. [See note 4 U, at the end of this VoLI On the whole, the Kuglisli have no reason, from the example of their ancestors, to be in love with the pic- ture of absolute monarchy; or to prefer the unlimited authority of the prince and his unbounded prerogatives to that noble liberty, that sweet equality, and tliat happy security by which they are at present (Vistinguished above all nations iu the universe. Tlie utmost that can be said in favour of the government of that age (and per- haps it may be said with truth) is, that the power of the prince, though really unlimited, was exercised after the European manuei', and entered not into every part of the administration ; that the instances of a high ex- erted prerogative were not so frequent as to render property sensibly insecure, or reduce the people to a ' tot.al servitude ; that the freedom from factiou, the i quickness of execution, and the pronqititude of those measures, which could be taken for offence or defence, made some compensation for the want of a legal ami , determinate liberty; that as the prince commanded no mercenary army, there was a tacit check on him^ which maintained the government in that medium to which the people had been accustomed ; and that this situation of England, though seemingly it ajiproached ue.arcr, was iu reality more remote from a despotic APPENDIX III. OtO find eastern monarchy than tliG present government of I the pittance of a double subsidy, amountinc to two him. that kingdom, whcie the peojile, tlioiigh guarded liy muUiphed hiws, are totally naked, defenceless, and dis- armed; and besides, are not secured by any middle poiver, or independent powerful nobility, iuterpoied between them and the monarch. We shall elo.so the ])resent Appendi.x -n-ith a brief account of the revenues, the nulilary force, the com- i nierce, the arts, and the learning of England duriu" this i)eriod. RKVKNUES. j Queen Elizabeth's economy was reniarl;able ; and in some instances seemed to border on avarice. Tiie smallest expense, if it could possibly be spared, ap- peared considerable in her eyes ; and even the charge of an express during the most delicate transactions was not below her notice. She was also attentive to every profit ; and embraced opjiortiinities of gain which may appear somewhat e.'vtraordiiiary . She kept, for instance, the see of Ely vacant nineteen years, in order to retain the revenue ; and it was usual with her, when she pro- moted a bishop, to take opi]ortuuity of jjilUigiiig the see of some of its manors.* But that in reality there was little or no avarice in the queen's temper, appears from this circumstance, that she never amassed any treasure ; and even refused subsidies from the parlia- ment when she had no present occasion for them. Yet v.'e must not conclude, from this circumstance, that her economy pi'oceeded fiom a tender concern for her peo- ple: she loaded them with monopolies and exclusive patents.whieh are much more oppressive than the most lieavy ta.xcs levied in an equal and regular manner. The real source of her frugal conduct was derived from her desire of independency, and her care to preserve her dignity, which would have been endangered had she reduced her.self to the necessity of having frequent recourse to parliamentary sui)plies. In consequence of this motive, the queen, though engaged in successfid and necessary wars, thought it more prudent to make a continual dilapidation uf the royal demesnes, than demand tlie most moderate supplies from the commons. As she lived unmarried, and had no posterity, she was content to serve her present turn, though at the ex- pense of her successors : who, by reason of this policy, joined to other circumstances, found themselves on a sudden reduced to the most extreme indigence. The splendour of a court was, duringthisage, agrcat part of the public charge ; and as Elizabeth was a single woni.an, and expensive in no kind of magnificence, ex- cept clothes, this circumstance enabled her to perform great things by her narrow revenue. She is said to liave paid four millions of debt, left on the crown by her father, l>rother, and sister ; an incredible sum for that age. t The States, at tlie time of her death, owed her about eight hundred thousand pounds ; and the king of France four hundred and fifty thousand. Though that prince was extremely frugal, and after tlie peace of Vervins was continiuiUy amassing treasure, the queen never could, by the most pressing importu- nities, prevail on him to make payment of tliose sums which she had so generously advanced him during his greatest distresses. One payment of twenty thousand crowns, and another of fifty thousanil, were all she could obtain by the strongest rejiresentations she could make of the difticulties to which the rebellion of Ireland had reduced her. The (lueen expended on the Avars with Spain, between the years 15!!!> and lo'Xi, the sum of one million three hundred thousaud jjounds, besides • Slrypc, vcl. iv. p. 21.5. There is a cuHous letter of the queen s. written toa bishop of Elv, and pi-eserved in the register of that see. It is in these U'ortls : *• I'roud prelate, I understand you are backward in complying with your .iKtcenienf ; but I would liave you itnow, tjiat 1 who made you what you are can unmal^e you : and if you do not forthwith fulJil your engagements, by God, 1 will immediately unfroek you. Yours, as vou demean yourseU, Kliza- beth."— The bishop, it seems, had promised to exellanee some part of the land belonfpng to the itx for a pretended equivalent, and did so, but it was in con- secuence of the above letter. Annual Ht^gister, 1701. p. 15. 1 D'K.wes, p. 47-"). I think it impossible to retxjncile this account of the (lUblie debts with that giveH by Strype, Kecles. Mem. vol. ii. p. 344, thai in the year 1.15.1, the emuTi owed bu^ 50(i,0(Hi pounds I ov n that this Wist ^um ap- pears a great deal more likely Tlic whole revenue of queen Elizabeth would cKtt ill ^eii year^ have j aid fuus millious drcd and eighty thousand pounds, granted her by par- liament. In the year 1589 she spent six hundred thousand pounds in six months on the service of Ire- land. Sir Robert Cecil affirmed, that in ten years Ire- land cost her three millions four hundred thousand pounds. She gave the earl of Essex a present of thirty thousand lioundsupon his departure for the government of that kingdom. Lord Burleigh computed, that the value of the gifts conferred on that favourite amounted to three hundred thousand pounds; a sum which, though probably exaggerated, is a proof of her strong afiectiou towards him ! It wasa common .saying duriii"' this reign : The quten putjs lountifully, though site re- wards sparingly 1 It is difficult to compute exactly the queen's ordinary revenue, but it certainly fell much sliortof five hundred thousand pounds a year.* In the year 15'JO she raised the customs from fourteen thousand pounds a year to fifty thou.saiid, and obliged sir Thomas Smith, who had farmed them, to refund some of his former profits. + This improvement of the revenue was owiu" to the suggestions of one C'aermarthen ; and was ojiposed by Burleigh, Leicester, .and Walsingham : but the queen's perseverance overcame all their opposition. The "reat undertakings which she executed with so narrow a re- venue, and with such small supplies from her people, prove the mighty eftects of wisdom and economy. She received from the parliament, during the course of her whole reign, only twenty subsidies and thirty-nine fif- teenths. I pretend not to determine exactly the amount of these supplies; because the value of a subsidy was continually faUing; and in the end of her reign it amounted only to eighty thousand pounds. If we'sup- pose that the sujiplics granted Elizabeth during a reio-n of forty-five years amounted to three millions, we shall not probably be much wide of the truth.J This sum makes only sixty-six thousand .six hundred and sixty- six pounds a year ; and it is surprising, that wliile the queen's demands were so moderate, and her expenses so well regulated, she .should ever have found any diffi- culty in obtaining a supply from parliament, or be re- duced to make sale of the crown-lands. But such was the extreme, I had almost said absurd, parsimony of the iiarliameuts during that period. They valued no- thing in comparison of their money. The members had no connexion with the court ; and the very idea which they conceived of the trust committed to them was, to reduce the demands of the crown, and to grant as few supplies as possible. The crown, on the other h.and, conceived the parliament in no other light than as a means of supply. Queen Elizabeih made a merit to her people of seldom summoning parliaments. No redress of grievances was expected from these assem- blies : they were supposed to meet for no other pui-pose than to impose taxes. Before the reign of Elizabeth, the English princes had usually recourse to the city of Antwerp for voliin- • Franklyn, in his Annals, p. 9, says, that the profit of the kingdom, be- sides wards and the duchy of Lancaster {which anututtttti to about 12(I,(MI0 jmtutU) was 1118,107 pounds: the crown lands stem to be comprehended in this t.t)mputation. t Camden, p. 5.',8. This account of Camden is dillieult or impossible to be reconciled to the state of the customs in the beginiiiog of the subsequent rei-n, as they apfwar inthc.loarnalsof the Commons. S« Hist of James, chap. 4(1. X Lord salisbory eoiiipuced these supplies only at IMJIMI.IHJII pijunds. Joum. 17Keb. W*). Kin^' .lames was certainly mislaken when he estimated the qutx-n's annual supplies at 137,0110 pounds. Kranklyn, p. 44. It is curious to observe, that the minister, in the war b«gun in 1764, was in some periods al- lowed to lavish in two months as great a sum as was granted by parliament to queen l-;lizal)e[h in forty-five years. 'I'lie extreme fiivolous object ol tlic l.ue war, and the great importance of hers, set this matter in still a stronger hgliL Money too, we iiiav observe, was, i,i most particulars, of the rame value 111 both periods; she paid eight penc;- a day to every foot soldier, but our late delusions have much exceedtnl anything known in history, not even except- ing those of the crusades. For I suppose tliere Is no mathematical, stiil less an arithmetical demonstration, that the road to the Holv Land uas not the road to Paradise, as there is, that the enriless increase of national debts istheca- reet road to nalional ruin. Hut liavinst now completely reached that goal, it is needless at present ro reflect on the past It will be loond in the present ytar, ]77li, that all tne revenues of this island north of 1 rent aod West of Heading, are mortgaged or anticiliated for ever. Could the small remainder be in a worse condition Were those provinces seized by Austria and Prussia ' 1 here is only this difference, that some event might happen in Kurope which would oblige these great monarehs to disgorge their aciiuisitions. Hut no ima- gination can figure a situation which will induce our crislLUns to reUnquisft llleir ciaiins, or Ule pul.lic to seize their reienui^s. .'^o egr. gloos iiiden9, an alaim was given of an invasion by the Spaniards ; and tiie qjieun erjuipped a fleet and levied an army in a fortnighr to oppose them. Notliing gave foreigners a higlier idea of tlie power of England than this sudden armameut. In the year 1575, all the militia in the kingdom were computed at a hundred and eighty-two tliuusaiid nine hundred uud twenty-nine. A distribution was niivde in the year 151(5 of a hundred and forty thousand men, besides those whicli Wales could supply. These armies were formidable l)y their numbers; but their discipline and experience wei'e not proportionate. SnuiU bodies from Dunlvirlc .and New- port fi'eipiently ran over and plundered the east coast; so unfit was the militi.a, as it was then constituted, for the defence of the kingdom. Tiie lord-lieutenants were first appointed to the counties in this reign. Mr. iMurden has publislied from the Salisbury col- lection, a paper which contains the military force of the nation at the time of the Spanish Armada, and which is somewhat different from the account given Ijy our ordinary historians. It makes all the able-bodied men in the kingdom amount to a hundred and eleven thousand five hundred and thirteen ; those armed, to eighty thousand eight hundred and seventy-five ; of whom forty-four thousand seven hundred and twenty- seven were trained. It must be supposed that these able-bodied men consisted of such only as were regis- tered, otherwise the small number is not to be accounted for. Yet sir Kdw.ird Coke said in the house of com- mons, that lie was employed about the same time, to- gether with I'opham, chief-justice, to take a survey of all the people of England, and that they found them to be 900,000, of all sorts. This number, by the ordinary rules of computation, supposes that there were above 200,000 men able to bear arms. Yet even this nnm- her is surprisingly small. Can we suppose that the kingdom is six or seven times more popidous at pre- sent ? and that JIurden's was the real number, ex- cluding catholics, and children, and infirm persons ? Harrison says, that in the musters t.iken in the years 1571 and 1575, the men fit for service amounted to l,172,(;74 ; yet was it believed that a full third was omitted. Such uncertainty and contradiction are there in all these accounts ! Notwithstanding the great- ness of this number, the same author complains much of the doc;iy of ]>opulousness^ — a vulgar complaint in all places .and all ages. Guicciardina m.akes the inh.abitants of England in this reign amount to two millions. Whatever opinion we ni.ay form of the conij)arativo populousness of England in different periods, it must be allowed that, abstracting from the n.ational debt, there is .a prodigious increase of power in that, more perhaps than in any other European state since the beginning of the last century. It would be no paradox to affirm, that Ireland alono could at present exert a greater force than all the three kingdoms were capable of at the death of queen Elizabeth. And we might go further, and .assert, that one good county in England is able to make, at least to support, a greater effort than the whole kingdom was capable of in the reign of Henry V.; when the maintenance of a garrison in a small town like Calais formed more than a third of the ordinary national expense. Such are the effects of liberty, industry, and good government! The state of the English manufactures was at this time very low ; and foreign wares of almost all kinds had the preference. About the year 1590, there v.ere in Loudon four persons only rated in the subsidy book so high as four hundred pounds. This computation is not, indeed, to be deemed an exact estimate of their wealth. In 15C7 there were found, on inquiry, to be four thousand eight hundred and fifty-one strangers ot all nations in London : of whom three thousand eight hundred and thirty-eight were Flemings, and only fifty-eight Scots. The persecutions in Franco and the Low Countries drove afterw.ards a greater number of foreigners into England ; and the commerce as well .as manufactures of that kingdom was veiy much im- jiroved by them. It was then that sir Thomas Gres- liam built, at his own charge, the maguifient fabric of the Exchange for the reception of the merchants : tho queen visited it, and g.ave it the appellation of the Itoyal Exchange. By a lucky accident in language, ■svhich has a great effect on men's ideas, the invidious word usury, which formerly meant the taking of any interest for money, came now to express only the taking of exorbitant and illegal interest. An act passed in 1571 violently con- demns all usury, but permits ten per cent, interest to bo jiaid. Henry IV. of France reduced interest to C.J per cent.; an indication of the great advance of France above Enghand in commerce. Dr. Howell s.ays, that queen Eliz.abeth in tho third of her reign was presented with a |)air of black silk knit stockings by her silk-woman, and never wore cloth hose any more. The author of the Present State of England says, that about 1577, pocket watches were fiist brought into England from Gei-niany. They are thought to have been invented at Nuremberg. About 1580, the use of coaches was introduced by the carl of Arundel. Before that time, the queen, on public occa- sions, rode behind her chamberlain. Camden says, that in 1581, Randolph, so much cm- jdoyed by the queen in foreign embassies, possessed the office of post-master-general of England. It ap- IH ars, therefore, th.at posts wei'e then established ; thougli, from Charles I.'s regulations in 1G35, it wouM seem that few post-houses were erected before that time. In a remonstrance of the Ilanse Towns to the diet of tho empire in 1582, it is afiiiined that England ex- ported annually about 200,000 pieces of cloth. This number seems to be much exaggerated. In the fifth of thi% reign was enacted the first law for the relief of the poor. A judicious author of that age confirms the vulgar observation, that the kingdom was depopulating from the increase of inclosures and decay of tillage ; and he .ascribes the reason very justly to the restraints \ml on the exportation of corn ; while full liberty was allowed to export all the produce of pastur.age, such as wool, hides, leather, tallow, &c. These prohibitions of cx- piirUilion were derived from tho prerogative, and wero very injudicious. The queen, once, on the connnence- ment of her reign, had tried a contrary practice, and with good success. From tho same author we learn, that the complaints, renewed in our time, were then very common, concerning the high prices of every- thing.* There seems, indeed, to have been two i)eriod3 in which prices rose remarkably in England, namely, that in queen Elizabeth's reign, when they are com- puted to have doubled, and that in the present age. Between tho two there seems to h.ave been a stagna- tion. It would appear that industry, during that in- termediate period, increased as fast .as gold and silver, and kept commodities nearly at a par with money. There were two attempts m.ade in this reign to settle colonies in America: one by sir Humphrey Gilbert in Newfoundland, another by sir Walter Raleigh in Vir- • A cnmpendirtuB or brief Examination of certain orilinary Coinplaints of divers t;pcncc a dAy, D. 31. 552 THE HISTORY OF RNGLAND. einm : but ncitlier of these piojects proved successful. All tliose noble settloments were made in the following reigns. The cui rent specie of the kingdom in the cud of this reign is computed at four millions. The earl of Leicester desired sir Francis Walsing- liani, then ambassador in France, to provide him with a ri'diii'g-master in tliat country, to wlioni he promises a hundred pounds a year, besides maintaining himself and servant, and a couple of horses. " I know," adds the earl, " that such a man as I want may receive higher wages in France : but let liim consider that a sinlling in Kngland goes as far as two shillings in France." It is known that everything is much changed since that time. MANNERS. The nobility iu this age still supported, in some de- gree, the ancient magnificence in their liospitality, and in the numbers of their retainers ; and tlie queen foimd it prudent to retrench, by proclamation, their expenses in this last particular. The expense of hospitality slie somewhat encoui-aged by tlie frequent visits she paid her nobility, and the sumptuous feasts wliicli she re- ceived from them.* Tlie earl of Leicester gave her an entertainment in Kenihvorlh castle, which was extra- ordinary for expense and magnificence. Among other particulars, we are told, that three hundred and sixty- five hogsheads of beer were drunk at it. Tlie earl had fortified this castle at great expense ; and it contained arms for ten thousand men. Tlie earl of Derby had a familv consisting of two hundred and forty servants. Stowe remaiks it as a singular proof of beneficence in this nobleman, that he was contented with his rent fi-om his tenants, and exacted not any extraordinary services from them : a proof that the great power of the sovereign, (what was almost unavoidable,) had very generally countenanced the nobility in tyranniz- ing over the people. Burleigh, though he was frugal, and had no paternal estate, kept a fiimily consisting of a hundred servants. He had a standing table for gentlemen, and two other tables for persons of meiiner condition, which were always served alike, whether he were in town or in the ceuntry. About his person he had people of great distinction, insomuch tliat he could reckon up twenty gentlemen retainers, who had each a thousand pounds a year; and as many among his ordi- nary servants, who were worth from a thousand pounds to three, five, ten, and twenty thousand pounds. It is to be remarked, that though the revenues of the crown were at that time very small, the ministers and courtiers Kometimes found moans, by employing the boundless prerogative, to acquire greater fortunes than it is pos- sible for them at present to amass, from their larger salaries, and more limited authority. Burleigh entertained the queen twelve several times in his country-house ; where she remained three, four, or five weeks at a time. Each visit cost him two or three thousand pounds. The quantity of silver plate possessed by this nobleman is surprising ; no less than fourteen or fifteen thousand pounds weight ; [See 7iole 4 Y, at the end of this Vol.;'] which, besides the fashion, would be above forty-two thousand pounds sterling in value. Yet Burleigh left only 4,000 pounds a year in hand, and 11,000 pounds in money; and as land was then commonly sold at ten years' purchase, his plate was nearly equal to all the rest of his for- tune. It appears that little value was then put upon • Harrison, after cnumerati.ig the queen's palaces, adds: ** But what shall I need to take upon me to lepeat all, and tell what houses the o.ueen's inajtsty hath .' Sith all is hers; and when it pleaseth her in the summer season to recreate herself abroad, and view the es-tate of the country, and hear the com- plaiutsol her poor common*, injured by her unjust officers or theirsubsritutes, every nobleman's house is her palace, where she coiitinueth during pleasure, and till she return ajtain to some of ber own, in wjiieli she remaiiieth so long a£ rht jileaseth." Honk ii. chap, l.*",. Surely one may say of such a guest what t^ccro says to Attieus on oceasinn of a visit jiaid him by (!'a;sar : " Hos|KS tamen n-m IS cui diecres, amabo te, eodein ad me cum i-eveit^re." Lib. xiii. ep. .'i2. If she relieved the people fii ni nppressif.rs, (to whom it seems the latvcould EfivtDo rvlief,) hcrtisits were agieat o;»pivssion on the nobility. the fashion of the plate, which probably w;i3 but ruJo : the weight wa^i cliietly considered* But, though tliere were jireservcd great remains of the .ancient customs, tlie nobility were by degrees ac- quiring a taste for eh^gant luxury ; and many edifices iu particular were built by them, neat, large, and sumptuous, to tlie great ornament of the kingdom, says Camden ; but to the no less decay of the glorious liospitality of tlie nation. It is, however, more reason- able to think, that this new turn of expense promoted arts and industry : while the ancient hospitality was the source of vice, disorder, sedition, and idleness. [See note 4 Z, at the end of this Vol.] Among the other species of luxury, that of apparel began much to increase during this age ; ami the queen thought proper to restrain it by proclamation. Her ex- ample was very little conformable to her edicts. As no woman was ever more coiiceitcti of her beauty, or more desirous of making impression on the hearts of be- holders, no one ever went to a greater extravagance in apparel, or studied more the variety and richness of her dresses. She appeared almost every day in a dift'ereut habit; and tried all the several modes by which she liojied to render herself agreeable. She was also so fond of her clothes that she never could part with any of them ; and .at her death she had in her wardrobe all the diifereut h.abits, to the number of three thousand, which she had ever worn iu her lifetime. The retrenchment of the ancient hosiiitality, and the diminution of retainers, were favourable to the prerogative of the sovereign ; and by disabling the great noblemen from resistance, promoted the exe- cution of the laws, and extended the authority of the courts of justice. There were many peculiar causes in the situation and character of Henry VII. which auguunted the authority of the crown : most of these causes concurred in succeeding princes; together with the factions in religion, and the .acquisition of tha supremacy, a most imi)ortant article of jirerogative; but the manners of tlie age were a general cause whicli operated during this whole period, and which continually tended to diminish the riches, and still more the influence of the aristocracy, anciently so formidable to the crown. The habits of luxury dissi- pated the immense fortunes of the ancient barons ; and as the new methods of expense gave subsistence to mechanics and merchants, w ho lived in an independent manner on the fruits of tlicir own industry, a noble. m.an, instead of that unlimited ascendant which he was wont to assume over those who were maintained at his board, or subsisted by salaries conferred on them, retained only that moderate influence which customers have over tradesmen, and which can never be dangerous to civil government. The landed pro- prietors also, having a greater demand fur money tli.an for men, endeavoured to turn their lands to the best .account with regard to profit ; and either inclosing tlieir fields, or joining many small farms into a few large ones, dismissed those useless hands wliich for- merly were always at their call in'every attempt to subvert the government, or oppose a neighbouring baron. By all these means the cities increased ; the middle rank of men began to be rich and powerful; the prince, who in effect was the same with the law, was implicitly obeyed; and though the further pro- gress of the same causes begat a new plan of liberty, founded on the privileges of the commons, yet in the interval between the fall of the nobles and the rise of this order, the sovereign took advantage of the present situation, and assumed au authority almost absolute. Whatever may be commonly imagined, from the authority of lord Bacon, and from that of Harrington, aud later authors, the laws of Henry VII. coiitri- • This appears (Voin Bu'leigh's will; he specifies only the nninbcj- ot ounces to be given to each leyatee, aud appoints a goldsmith to sec It wt:]i,-h>ld out to them, u ithout tnakinfe any d'siiii-juon of the pieces. Chap XLV. ] JAMES I. 1603—1626. o53 huteJ very little towards tlie great revolution wliicli happened about this peiiod in tlie English constitution. The practice of hrealcinj; entails liy a tine and recovery had been introduced in the preccdinj,' reigns ; and this prince only gave iudireetly a legal sanction to tlio practice, by reforming some abuses which attended it. But the settled authority which lie acipiired to the crown, enabled the sovereign to encroach on the se- parate jurisdictions of the barons, and produced a more general and regular execution of the laws. The counties palatine underwent the same fate as the feudal powers ; and, by a statute of Henry VIII., the jurisdiction of these counties was annexed to the crown, and all writs were ordained to run in the king's name. But the change of manners was the chief cause of the secret revolution of government, and subverted tlie power of the barons. There ap- pear still in this reign some remains of the an- cient slavery cf the boors and peasants, but none afterwards. LEARNING. Learning, on its revival, was held in high estimation by the English jirinces and nobles ; and as it was not yet prostituted by being too common, even the great deemed it an object of ambition to attain a ch.aracter for literature. The four successive sovereigns, Henry, Edward, Mary, and Elizabeth, may, on one account or other, be admitted into the class of autliois. Queen Catharine Parr translated a book : lady Jane Gray, considering her age, and lier sex, and her station, may be regarded as a prodigy of literature. Sir Thomas Smith was raised, from being professor in Cambridge, first to be ambassador to France, then secretaiy of state. The dispatches of those times, and among others those of Burleigh himself, are frequently inter- Lirded with quotations from the Greek and Latin classics. Even the ladies of the court valued them- selves on knowledge : lady Burleigh, lady Bacon, and their two sisters, were mistresses of the ancient as well as modern languages ; and placed more pride in their erudition than in their rank and quality. Queen Elizabeth wrote and translated several books; and she was familiarly acquainted with the Greek as well as Latin tongue. [See nole 5 A, at the end of this To/.] It is pi-etended that she made an extemporary reply in Greek to the university of Cambridge, who had addressed her in that language. It is certain, that ■he answered in Latin without premeditation, and in a very spirited manner, to the I'olish ambassador, who Iiad been wanting in respect to her. When she had finished, she turned about to her courtiers, and said, " God's death, my lords," (for she was much addicted to swearing,) " I have been forced this day to seotir up my old Latin that hath long lain rusting." Eliza- beth, even after she was queen, did not entirely drop the ambition of appearing as an author; and, next to her desire of ambition for beauty, this seems to have been the chief object of her vanity. She translated Uoethius of the Consolations of Philosophy ; in order, as she pretended, to allay her grief for Henry IV.'s change of religion. As far as we can judge from Elizabeth's compositions, we may pronounce, that, notwithstanding her application and her excellent l>arts, her taste in literature was but indifferent : she was much inferior to her successor in this particular, who was himself no perfect model of eloquence. Unhappily for literature, at le.ast for the learned of this age, the queen's vanitv lay more in shining by her own learning, than in encouraging men of genius by her liberality. Spenser himself, the finest English writer of his age, was long neglected ; and after the death of sir Philip Sidney, his patron, was allowed to die almost for want. This poet contains great beau- ties, a sweet and hai-mouious versification, easy elocu- tion, a fine imagination : yet does the perusal of liis work become so tedious, that one never finishes it from the mere pleasure which it afl'ords : it soon be- comes a kind of task reading ; and it requires some eft'ort and resolution to carry us on to the end of his long performance. This eft'ect, of which every one is conscious, is usually ascribed to the change of man- ners : but manners have more changed since Homer's age; and yet that poet remains still the favourite of every reader of taste and judgment. Homer copied true natural manners, which, however rough or uncul- tivated, will always form an agreeable and interest- ing picture : but the pencil of the English poet was employed in drawing the afl'ectations, and conceits, and fopperies of chivalry, which appear ridiculous as soon as they lose the recommendation of the mode. The tediousuess of continued allegory, and that too seldom striking or ingenious, has also contributed to render the Fairy Queen, peculiarly tiresome; not to mention the too great frequency of its descriptions, and the languor of its stanz;x. Upon the whole, Spenser maintains his place upon the shelves among our English classics ; but he is seldom seen on the table: and there is scarcely any one, if he dares to be ingenuous, but will confess, that, notwithstanding all the merit of the poet, he afl:ords an entertainment with which the palate is soon .satiated. Several writers of late have amused themselves in copying the style of Sjienser ; and no imitation has been so iudift'erent as not to bear a great resemblance to the oiiginal : liis manner is so peculiar, that it is almost impossible not to transfer some of into the copy. CHAPTER XLV. JAMES I. Iltroduction— -Jamcs'i first Transaclions . . -p --..s KftlciKh's Coiispirac A rarliAraciit Pea« with Spiiin. .»».....,.. -....m's first "I'rarsaclions State of Kurope Rosni's .Nepxialinns KalciKh's Conspiracy Hampttin^'ourt Conference ..,„ nPHE crown of England was never transmitted Ji- fioin father to sou with greater tranquillity than it passeil from the family of Tudor to that of Stuart. During the whole reign of Elizabeth, the eyes of men Iiad been employed in search of her successor; and when old age made the prospect of her death more immediate, there appeared none but the king of Scots, who could advance any just claim or pretension to the throne. He was great-grandson of -Margaret, elder daughter of Henry VII. ; and, on the f;iiIuro of the iDale-liue, his hereditary right remained unquestiou- VoL. L able. If the religion of SLary queen of Scots, and the other prejudices contracted against her, had formed any considerable obstacle to her succession ; these ob- jections, being eutiieiy personal, had no place with regard to her son. Men also considered, that though the title, derived from blood, had been frequently violated since the Norman conquest, such licences had proceeded more from force or intrigue, than from any deliberate maxims of government. The lineal heir had otill in the end prevailed ; and both his exclusion and restoration had been commonly attended with such convulsions as were sufficient to warn all iirudent men not lightly to give way to such irregularities. If the will of Henry VIII., authorized b\ act of parliament, had tacitly excluded the Scottish line, the tyianL'v and caprices of that monarch luad been so signal, that .i settlement of this nature, nnsnpported by any jusl reason, had no authority with the people. Q.ic-cn Elizabeth too, with her dving breath, had recognised 4 L 0S4 THE HISTORY OF ENGLAND. [Chap Xl.V. the nndoiibted title of Iier kinsmau James ; and the whule iiaiion seemed to dispose themselves with joy and iileasme for his reception. Tlioiif,'h born and edu- cated amidst a foreign and hostile people, men hoped, from Ids character of moderation and wisdom, that he would emhrace tlie maxims of an Engflish monarch ; and the prudent foresaw greater advantages resulting from a union with Scotland, than disadvantages from submitting to a prince of that nation. The alacrity with which the English looked toward the successor liad appeared so evident to Elizabeth, that, concurring with other causes, it affected her with the deepest me- lancholy ; and that wise princess, whose penetration and experience had given her the greatest insight into human affairs, had not yet sufficiently weighed the in- gratitude of courtiers and levity of the people. FIRST TRANSACTIONS OF THIS REIGN. As victory ahroad, and tranquillity at home, had at- tended this princess, she left the nation in such nourish- ing circumstances, that her successor possessed eveiy advantage, except that of comparison with her illustii- Ous name, when he mounted the throne of England. The king's journey from Edinburgh to London imme- diately afforded to the inquisitive some circumstances of comparison, which even the natural partiality in favour of their- new sovereign could not interpret to his advant.age. As he passed along, all r.anks of men flocked about him from every quarter, allured by inte- rest or curiosity. Great were the rejoicings, and loud and hearty the acclamations which resounded from all sides ; and every one could remember how the affabi- lity and popular manners of their queen displayed themselves amidst such concourse and exultation of her subjects. But James, though sociable and familiar with his friends .ind courtiers, hated the bustle of a mixed multitude ; and though far from disliking flat- tery, yet was he still fonder of tranquillity and ease. Heissued therefore a proclamation, forbidding this re- sort of people, on pretence of the scarcity of provisions, and other inconveniences, which, he said, would neces- sarily attend it. He was not, however, insensible to the great flow of aflPection which appeared in his new subjects ; and being himself of an affectionate temper, he seems to have been in haste to make them some return of kind- ness and good offices. To this motive, probably, wa are to ascribe that profusion of titles which was ob- served in the beginning of his reign ; when, in six weeks' time after his entrance into the kingdom, he is computed to have bestowed knighthood on no less th.an two hundred and thirty-seven persons. If Elizabeth's frugality of honours, as well as of money, had formerly been repined at, it began now to be valued and esteem- ed; ami every one was sensible that the king, by his lavish and premature conferring of favours, had failed of obliging the persons on whom he bestowed them. Titles of all kinds became so common, that they were scarcely marks of distinction ; and being disti-ihuted, without choice or deliberation, to persons imknown to the prince, were regarded more as the proofs of facility and good-nature, than of any determined friendship or esteem. A pasquinade was affixed to St. Paul's, in wliic'i an art was promised to be taught, very necessary to assist frail memories in retaining the names of the new nobility. We may presume, that the English would have thrown less blame on the king's facility in bestowing favours, h.ad these been coufined entirely to their own nation, and had not been shared out, in too unequ.al proportions, to his old subjects. James, who, through his whole reign, was more guided by temper and incli- nation than by the rules of political prudence, had brought with him great numbers of his Scottish cour- tiftrs ; whose imp.atience and importunity were apt, in many p.irticulars, to impose on the easy nature of their master, and extort favours, of which it is natural to im.agine, his English subjects would loudly complain. The duke of Lenox, the earl of Marre, lord Hume, lord Kinloss, sir (Jeorge Hume, secretary Eiphinstone, were immediately added to the English privy-council. Sir (reorge Hume, whom he created earl of Dunbar, was his declared favourite as long as that noblemiin lived, .and was one of the wisest and nu)st virtuous, though tlio least powerful, of all those whom the king ever honoured with th.it distinction. Hay, some time after, was created viscount Uoncaster, then carl of Carlisle, and got an immense fortune from the crown ; all which he spent in a splendid and courtly manner. Ranisav obtained the title of carl of Ilolderness; and many others, being raised on a sudden to the highest eleva- tion, increased, by their insolence, that envy which naturally attended them, as strangers and .ancient enemies. It must however be owned, injustice to James, that he left almost all the chief offices in the hands of Eliza- beth's ministers, and trusted the conduct of political concerns, both foreign and domestic, to his English subjects. Among these, secretary Cecil, created suc- cessively lord Efiindon, viseomit Cranborne, and earl of Salisbury, was always regarded as his prime-minister and chief counsellor. Though the capacity and pene- tration of this niiuister were sufficiently known, his favour with the king created surprise on the accession of that monarch. The secret correspondence intowhich he had entered with James, and which had sensibly contributed to the easy recejition of that prince in Eng- land, laid the foundation of Cecil's credit ; and wliile all his former associates, sir Walter Raleigh, lord Grey, lord Cobham, were discountenanced on account of their animosity against Essex, as well as for other reasons, this minister was continued in employment, and treated with the greatest confidence and regard. The capacity of James and his ministers in negocia- tiori was immediately put to trial, on the appearance of ambassadors from almost all the princes and states of Europe, in order to congratulate him on his accession, and to form with him new treaties and alliances. Be. sides ministers from Venice, Denmark, tiie Palatinate., Henry Frederick of Nassau, assisted by Baruevelt, tlie pensionary of Holland, was ambassador from the states of the United Provinces. Aremberg was sent by arch- duke Albert; and Taxis wiis expected in a little time from Spain. But he who most excited the attention of the public, both on account of his own merit and that of his master, was the marquis of Rosni, afterwards duke of Sully, prime-minister and favourite of Heniy IV. of France. STATE OF EUROPE. ROSNI'S NEGOCI- ATIONS. When the dominions of the house of Austria de- volved on Philip II. all Europe was struck with terror lest the power of a family, which had been raised hy fortune, should now be carried to a'n immeasurable height by the wisdom and conduct of this monarch. But never were apprehensions fomid in the event to be more groundless. Slow without prudence, ambi- tious witlmut enterprise, false without deceiving any- body, and refined without any true judgment ; such was the character of Philip, and such the character which, during his lifetime, and after liis death, he impressed on the Spanish councils. Revolted or depopulated provinces, discontented or indolent inhabitants, were the spectacles which those dominions, lying in every climate of the globe, presented to Philip III., a wciik prince, and to the duke of Lerma, a minister weak and odious. But though military discipline, which still reniained, was what alone gave some appearance of lif« and vigour to that languishing body, yet so great was the terror produced by former power and ambition, that the reduction of the house of Aastria was the Chap.XLV.] JAMES 1. 1603—1625. 65b object of men's vows throu,a;liout all tlie statos iu Christendom. It was not perceived, that tlie French empire, now united in domestic peace, and governed by tlie most lieroic and most amiable prince that adorns modern story, was become, of itself, a suihcieut counterpoise to the Spanish pieatness. I'erhaps that prince himself did not perceive it, when ho proposed, by his minister, a league with James, in conjunction with Venice, the United ProWnccs, and the northern crowns ; iu order to attack the Austrian dominions on every side, and depress the exorbitant jiowcr of that ambitious family. But the genius of the English mo- narch was not ciiual to such vast enterprises. The love of peace was his ruling passion ; and it was his peculiar felicity, that the conjunctures of the times "endered the same object which was agreeable to liim in the highest degree advantageous to his peojjle. The French ambassador, therefore, was obliged to depart from these extensive views, and to concert with .Tames the means of providing for the safety of the United Provinces : nor was this object altogether without its difKculties. Tlie king, before his accession, had entertained scruples with regard to the revolt of the Low Countries; and being commonly open and sincere, he had, on many occasions, gone so far as to give to the Dutch the appellation of rebels : but having conversed more fully with English ministers and courtiers, he found their attachment to that re- ])ublic so strong, and their opinion of common interest so established, that he was obliged to sacrifice to politics his sense of justice ; a quality which, even when erroneous, is respectable as well as rare in a monarch. He therefore agreed with Kosni to support gecretiy the States-general, iu concert with the king of France ; lest their weakness and despair should oblige them to submit to their old master. The articles of the treaty were few and simple. It was stipulated, that the two kings should allow the Dutch to levy forces in their respective dominions ; and should un- derhand remit to that rcpubhc the sum of one million four hundred thousand iivres a year for the pay of these forces : that the whole sum sliould be advanced by the king of I'rance ; but that the third of it should be deducted from the debt due by him to ([ueen Eliza- beth. And if the Spaniard attacked either of th« princes, they agreed to assist each other ; Henry with a force of ten thousand men, James with that of si.x. This treaty one of the wisest and most equitable con- cluded by James during the course of his reign, was more the work of tlie prince himself than any of his ministers. RALEIGH'S CONSPIRACY. Amidst the great tranquilUty, both foreign and domestic, with which the nation was blessed, nothing could be more surprising than the discovery of a con- spiracy to subvert the government, and to fi.x on the throne Arabella Stuart, a near relation of the king's by the family of Lenox, and descendeil equally from Ilonry VII. Everything remains still niysteiious in this conspiracy, and history can give us no clue to unravel it. Watson and Clarke, two catholic priests, were accused of the plot ; lord Grey, a puritan ; lord Cobham, a thoughtless man, of no fi.xed principle ; and sir Walter Raleigh, suspected to be of that philosophi- cal sect, who were then extremely rare in England, and who have since received the a])pellation of free- thinkers ; together with these Mr. Broke, brother to lord Cobham, sir GrifKn JIarkham, Mr. Copeley, sir Edward Parham. What cement could unite men of snch discordant |)rinciples in so dangerous a combina- tion ; what end they proposed, or what means propor- tioned to an undertaking of this nature, has never yet been explained, and cannot easily be imagined. As Raleigh, (frcy, and Cobham were commonly believed, after the queen's death, to have opposed procl.aiming the king, til! conditions should be made with him ; they were upon that account extremely obuo.xious tc the court and ministry ; and people were apt, at iirst- to suspect, that the plot was meiely a contrivauc; o( secretary Cecil, to get rid of his old confedei ate.s, now become his most inveterate enemies. Cut the con- fession, as well as trial of the criminals, put the matter beyond doubt. And though no one could find any marks of a concerted enterprise, it appeared that men of furious and ambitious spirits, meeting frequently together, and believing all the world discontented like themselves, had entertained very criminal projects, and had even entered, some of them at least, into a correspondence with Aremberg, the Flemish am- bassador, in order to give disturbance to the new settlement. The two pi'iests ■'■ and Broke t were executed : Cob- ham, Grey, and JIarkham were pardoned, J after they had laid their heads upon the block. Raleigh too wail reprieved, not pardoned ; and he remained in confine- ment many years afterwards. It appears from Sully's Memoirs, that Raleigh se- cretly oifered his services to the French ambassador; and we may thence presume, that meeting with a repulse from that quarter, he had recourse, for the same unwarrantable purposes, to the Flemish minister. Such a conjecture we are now enabled to form ; but it must be confessed, that, on his trial, there appeared no proof of this transaction, nor indeed any circum- stance which could justify his condemnation. lie wag accused by Cobham alone, in a sudden fit of passion, upon healing that Raleigh, when examined, had pointed out, some circumstances, by which Cobhain'a guilt might be known and ascertained. This accusa- tion Cobham afterwards retracted ; and soon after he retracted his retractation. Yet upon the written evi- dence of this single witness, a man of no honour oi understanding, and so contradictory in his testimony ; not confronted with Raleigh ; not sujiported by any concurring circumstance ; was that great man, con- trary to all law and equity, found guilty by the jury. His name was at that time extremely odious in Eng- land ; and every man was pleased to give sentence ■against the capital enemy of Essex, the favourite of the people. Sir i;dward Coke, the famous lawyer, then attorney- general, managed the cause for the crown, and threw out on Raleigh such gross abuse, as may be deemed a great reflection, not only on his own memory, but even in some degree, on the manners of the age. Traitor, monster, viper, and spider of hell, are the terms which he employs against one of the most illustrious men of the kingdom, who was under trial for life and fortune, and who defended himself with temper, eloquence, and courage. CONFERENCE AT HAMPTON-COURT. 1004. The next occupation of the king was entirely ac- cording to his heart's content. He was employed in dictating magisterially to an assembly of divin^s con- cerning points of faith and discipline, and in receiving the ajiplauses of these holy men for his superior zeal and learning. The religious disputes between the church and the puritans had induced him to call a conference at Hampton-court, on pretence of finding expedients which might reconcile both parties. Though the severities of Elizabeth towards the ca- tholics had much weakened that Jiarty, whose genius was opposite to the prevailing spirit of the nation ; hke severities had had so little influence on the puri- tans, who were encouraged by that spirit, that no less than seven hundred and fifty clergymen of that party signed a petition to the king on his accession ; and many more seemed wdling to adhere to it. 'i'hoy all hoped, that .Tames, ha\'ing received his education in Scotland, and having sometimes professed au attach- • Norember29. ■ December 5. % DeoemDO' 666 THE HISTORY OF ENGLAND. [Chap. XLV. ment to the clmrcli cstaWislicd tlicio, ^\■o\\U at least abate the rigour of the laws enacted in support of the ceremonies, and against jniritans ; if lie did not show more particuhir grace and cnconrajroinent to that sect. But the king's disposition had taken strongly a con- trary bias. The more he knew the jiuritanical clergy, the "less fovonr he bore to them, lie had remarked in their Scottish brethren a violent tuin towanls re])ub- licanism, and a zealous attachment to civil liberty ; princiiiles nearly allied to that religious enthusiasm with which they were actuated. lie had found, that being mostly persons of low birth and mean education, the same lofty pretensions which attended them in their familiar addresses to their Maker, of whom tliey believed tiicmselves the peculiar favourites, induced them to use the iitmost freedoms with their earthly sovereign. In both capacities, of monarch and of theologian, he had experienced the little complaisance wliich thoy were disposed to show liim ; whilst they controlled his commands, disputed his tenets, and to his face, before the whole people, censured his conduct and behaviour. If lie had submitted to the indignity of courting their favour, ho treasui'od up on that ac- count the stronger resentment against them, and was determined to make them feel, in their turn, the weight of his authority. Though he had often met with resistance and faction and obstinacy in the Scot- tish nobility, he retained no ill will to that order ; or rather showed them favour and kindness in England, beyond what reason and sound policy could well jus- tify ; but the ascendant which the presbyterian clergy had assumed over him was what his monarchical pride could never thoroughly digest.* He dreaded likewise tlie popularity which attended this order of men in both kingdoms. As iiseless aus- terities and self-denial are imagined, in many religions, to render us acceptable to a beuevolent Being, who created us solely for happiness, James remarked that the rustic severity of these clergymen, and of their whole sect, had given them, in the eyes of the multi- tude, the ap])earance of sanctity and virtue. Strongly inclined himself to mirth and wine and sports of all kinds, he apprehended their censure for his manner of life, free and disengaged : and, being thus averse, from temper as well as policy, to the sect of puritans, he was resolved, if possible, to prevent its further gi'owth in England. But it was the character of James's councils, throughout his whole reign, that they were more wise and equitable in their end, than prudent and political in the means. Though justly sensible that no part of civil administration required greater care or a nicer judgment than the conduct of religious parties ; he had not perceived, that, in the same proportion as this jiractical knowledge of theology is requisite, the specidative refinements in it are mean and even dan- gerous in a monarch. By entering zealously into frivolous disputes, .lames gave them an air of import- ance and dignity which tliey could not otherwise liave acquired ; and being himself enlisted in the quarrel, he could no longer have recour.so to contempt and ridi- cule, the only proper method of appeasing it. The cliurch of England had not yet abandoned the rigid doctrines of grace and predestination : the puritans had not yet separated themselves from the church, nor openly renounced episcopacy. Though the spirit of the parties was considerably different, tlie only ap- pearing subjects of dispute were concerning the cross in baptism, the ring in marriage, the use of the sur- plice, and the bowing at the name of Jesus. These were the mighty (piestions which were solemnly agi- tated in the conference at Hampton-court between some bishops and dignified clergymen on the one u. bcM.amt, "1 ■protest Wtorc the grtat Cod. and since I am here «s uimn my Twuinitlit, It ]s no pln-e for me lo lie in, ih.it ye shsll neier find niili any iil«niand or llordcrer tlneies grenier inKntiiud anil more lic-^ ami vile pel -u- rieii, tl.it of respect to him, his sentence was adiiered to, and the new members continued in their jilaces. Hero a most dangerous pierogative was conferred on the crown : hut to show the genius of that age, or rather the channelsin which power then ran, the crown put very little value on this authority ; insonuich that two days afterwards the chancellor, of himself, resigned it back to the commons, and gave them power to judge of .a ]).articular vacancy in their house. And when the question concerning the chancellor's new writs w.as again brought on tlie carpet towaixls the end of the session, the commons were so little alarmed at the pre- cedent, that, though they re-adniitted some old mem- bers, whose seats had been vacated on account of slight indispositions, yet they confirmed the ch.ancellor's sen- tence, in instances where the distemper appeared to have been dangerous and incurable. Nor did they jjro- ceed any further in vindication of their privileges th.an to vote, " that during the sitting of parliament, there do not, at any time, any writ go out for choosing or returning any member without the warrant of the house." In Elizabeth's reign, we mav remark, and the reigns preceding, sessions of parliament were not usu.ally tlie twelftli part so long as the vacations ; and during the latter, thech.anoellor's power, if he pleased to exert it, was confirmed, at least left, by this vote, as unlimited and unrestrained as ever. In a subseipuMit parliament, the absolute authority of the queen was exerted in a manner still more open ; and began for the first time to give alarm to the com- mons. New writs having been issued by the chan- cellor when there was no vacancy, and a controversy arising upon that incident, the queen sent a message to the house, infomiing them, th.at it were impertinent for them to deal in such matters. These questions, she said, belonged only to the chancellor ; and she had appointed him to confer with the judges, in order to settle all disputes with regard to elections. The com- mons had the courage, a few d.ays after, to vote, "That it was a nnist perilous precedent, where two knights of a county ivere duly elected, if any new writ should issue out for a second election, without order of the house itself: that the discussing and adjudging of this and such like dif^'erences belonged only to the house ; and that there should be no moss.age sent to the iord- chancellor, not so much as to inquire what lie had done in the matter, because it was conceived to be a m£.tter derogatory to the power and privilege of the house." This is the most considerable, and almost only, instance of |)arliamentary liberty, which occurs during the reign of that princess. Outlaws, whether on account of debts or crimes, had been declared by the judges incapable of enjoying a seiit in the house, where they must themselves be law- givers ; but this o])inioii of the judges bad been fre- quently overruled. I find, however, in the case of Vaughan, who w.as questioned for an outlawry, that, having proved all his debts to have been contracted by surctisliip, and to have been, most of them, honestly cciupouuded, lie was allowed, on account of these fa- Yourable civcumstauces, to keep his seat : which plaialy supposes that, otlierwise, it would have been vacated, on account of the outlawry.* When .lames summoned thisp.arliament, he issued a proclamation; in which, among many general advici;s, which, like a kind tutor, In bestowed on his peoiile, he strictly enjoins them not to choose any outlaw for their representative. And he adds; "If any person take upon him the place of knight, citizen, or burgess, not being duly elected, according to the laws and statutes in that behalf provided, and according to the purport, eflect, and true meaning of this our proclamation, then every ]icrson so offending to be fined or imprisoned for the s.ame." A procl.amation here was plainly put on the same footing with a law, and th.at in so delicate a point as the right of elections — most alarming circuni- st.ances, had there not been reason to believe that this measure, being entered into so early in the king's reign, l)rocceded more from precipitation and mistake, than from any serious design of invading the privileges of parliament.t Sir Francis Goodwin was chosen member for the county of Bucks ; and his return, as usual, was made into chancery. The chancellor, pronouncing him an outlaw, vacated his seat, and issued writs for a new election. Sir John Fortescue was chosen in his place by the county. But the first act of the house was to reverse the chancellor's sentence, and restore sir Francis to his seat. At the king's suggestion, the lords desired a conference on the subject ; but were abso- lutely refused by the commons, .as the question entirely regarded their own privileges. The commons, how- ever, agreed to make a remonstrance to the king by the mouth of their speaker ; in which they maintained, that though the returns were by form made into ch.an- cery, yet the sole right of judging with regard to elec- tions belonged to the house itself, not to the chancel- lor. James was not satisfied, and ordered a conference between the house and the judges, whose opinion in this case was opposite to that of the coinmons. This conference, lie said, he commanded as an oi.so'K/f king; [Sfc note 5 B, altfie end of this Vol. ;] an epithet, we are ai)t to imagine, not very grateful to English ears, but one to which they liad already been soniewliat accus- tomed from the mouth of Elizabeth. He added, "That all their privileges were derived from his grant, and hoped they would not turn them .against him ;" a sen- timent which, from her conduct, it is certain that princess had also entertained, and which was the reign- ing ]irinciple of her courtiers and ministers, and the spring of all heradministration. The commons were in some perplexity. Their eyes were now opened, and they saw the consequences of that power which had been a.ssumed by the cliancellor, and to which their predecessors had, in some instances, bliiully submitted. " By this course," said a member, " the free election of the counties is taken awav, and none shall be chosen but such as shall please thekiiigand council. Let us, therefore, with fortitude, understand- iug, and sincerity, seek to maintain our privilege. This cannot be construed any contempt in iis, but merely a maintenance of our common rights, which our ances- tors have left us, and which it is just and fit for us to transmit to our posterity." Another said, "Tliisniay be called a qno warranto to seize all our liberties." " A chancellor," added a third, " by this course, may call a parliament consisting of what jiersonshe pleases. Any suggestion, by any person, may be the cause of sending a new writ. It is come to this plain question, • In a svibsciiient parliament, Ihftt of the .)">th of the queen, ttie commons, after Kteat deliatc. eximjsSy voteil, that a person outlavvt^l mi:.'lu he elected iJ'Kues, p. .^ly. Hut as the inarter had been much contested, the kiiiit niiyht think the \ote of the house no lji\r, anti mipht esteem his own decision of more ueijtht than theirs. Wc may also siipjiose thai he uas not ac<)uainted \vlth this vote. Queen FlizatKith, in her speech to her last parliament, com- plainetl of their admittint; outlaws, and represents that conduct of the house as a tticat ahuse. _ t 'Ihedukeof Sullv tells us, that it was a maxim of .lames, that no prince in the Iir^t >ear of liis reign, should Itcfiin anv considerable uniiertakinft ; n nia\nii le.'isonable in itself, and very suitable to his cautious t to .say timid, character. 'Ihe facility with whic'.i he depara-d fifuu this pretensron. is an- otlier Hoof that his meaniny was innocent. IJiit had the priviK>,'es of larlut- ment been at that liiue exactly ascertained, or rovai p,nvcr fully hinitcd, collld •ucl. an imagination ever have been entei taincd'by him, as to IhitK tiJlt Ills proclamations could regulate parliamentary election' ? 658 THE HISTORY OF ENGLAND. Ghap. XLV. ■Wliethcr (lie cliancery or parliament ought to liave anthority." I^otwithstandiiig this watchful spirit of liberty, wliicli now ajipniroa in the commons, their deference for ma- jesty was so great, that they appointed a committee to aonfcr with the judges before the liing and council. There tlie question of law began to appear, in James's eyes, a Utile more doubtful than he had hitherto ima- gined it; and in order to extricate himself with some honour, he proposed tliat both Goodwin and Fortescue should be set aside, and a writ bo issued, by wan-ant of the house, for a new election. Goodwin gave liis consent, and the commons embraced the expedient ; but in such a manner, tliat while they showed their re- gard for the king, they secured for the future the free possession of their seats, and the right wliich they claimed of judging solely in their own elections and returns. [See note 5 C, at the end of this Vol.Ji A power like this, so essential to the exercise of all their other powers, themselves so essential to pubHc liberty, cannot fairly be deemed an encroachment in the commons ; but must be regarded as an inherent privilege, happily rescued from that ambiguity which the negligence of some former parliaments had thrown ui)on it. At the same time the commons, in the case of sir Thomas Sliirley, established their power of punisliing as well the persons at whose suit any member is arrested, as the officers who either arrest or detain him, Tlieir asserting of this privilege admits of the same reflection. About this period the minds of men throughout Europe, especially in England, seem to have under- gone a general, but insensible revolution. Though letters had been revived in the preceding age, they were chiefly cultivated by those of sedentary professions ; nor had they, till now, begun to spread themselves, in any degree, among men of the world. Arts, both me- chanical and liberal, were every day receiving great im- provements. Navigation had extended itself over the whole globe. Travelling was secure and agreeable. And the general system of politics in Europe was become more enlarged and comprehensive. In consequence of this universal femientation, the ideas of men enlarged tliemselves on all sides; and the several constituent parts of tlie Gothic governments, which seem to have lain long nnactive, began, every- where, to operate and encroach on each other. On the Continent, where the necessity of discipline had begotten standing armies, the princes commonly estab- lished an unlimited authority, and overpowered, by force or intrigne, the hberties of the people. In Eng- land, the love of freedom, which, unless checked, flourishes extremely in all liberal natures, acquired new force, and was regulated by more enlarged views, suit- able to that cultivated understanding whicli became every day more common among men of birth and edu- cation. A familiar acquaintance with the precious re- mains of antiquity excited, in every generous breast, a passion for a hmited constitution, and begat an emula- tion of those manly virtues, which tlie Greek and Ro- man authors, by such animating examples, as well as pathetic expressions, recommend to us. Tlie severe, though popular, government of Elizabeth had confined this rising spirit within very narrow bounds : but when a new and a foreign family succeeded to the throne, and a prince less dreaded and less beloved, symptoms immediately appeared of a more free and independent genius in the nation. Happily this prince possessed neither sufficient ca- pacity to perceive the alteration, nor sufficient art and vigour to clieck it in its early advances. Jealous of regal, because conscious of little personal authority, lie had established within his own mind a speculative system of absolute government, which few of liis sub- jects, he believed, and none but traitors and rebels, would make any scruple to admit. On whichever side lie cast his eye, everything concurred to encourage his prejudices. "When he compared himself with the ollisr hereditary sovereigns of Europe, he imagined, that a.s ho bore the same rank, he was entitled to equal ]irero- g'atives ; not considering the innovations lately intro- duced by them, and the military force by which (heir authority was sujiportcd. In England, tliat power, almost unlimited, which had been exercised for above a century, especially during the late reign, he ascribed solely to royal birth and title; not to the prudence and spirit of the monarchs, nor to the conjunctures of the times. Even the opposition which he li^d struggled with in Scotland encouraged him still further in his fa- vourite notions ; while he there saw, that the same le- sistance which opposed regal authority, violated all law and order, and made way either for the ravages of a barbarous nobility, or for the more intolerable inso- lence of seditious preachers. In his own person, there- fore, he thought all legal power to be centered, by an hereditary and a divine right : and this opinion might have proved dangerous, if not fatal, to liberty, had not the firmness of the persuasion, and its seeming evi- dence, induced him to trust solely to his right, without making the smallest provision, either of force orpoUtics, in order to support it. Such were the opposite dispositions of parliament and prince, at the commencement of the Scottish line ; dispositions just beginning to exist and to appear iu the parliament, [See note, 5T>, alihe end of this Vol.1 but thoroughly estabUshed and openly avowed on the part cf the prince. The spirit and judgment of the house of commons appeared, uot only in defence of their own privileges, but also in their endeavour, though at this time, iu vain, to free trade from those shackles which tlie hiifh exerted prerogative, and even, in this respect, the ill- judged tyranny of Ehzabeth had imposed upon it. James had already, of his own accord, called in and annulled all the numerous patents for monopolies which had been granted by his predecessor, and which extremely fettered every species of domestic in- dustry : but the exclusive companies still remained ; another species of monopoly, by which almost all foreign trade, except that to France, was brought into the hands of a few rapacious engrossers, and all pros- pect of future improvement in commerce was for ever sa(!rificed to a little temporary advantage of the sove- reign. These companies, though arbitrarily elected, had carried their privileges so far, that almost all the commerce cf England was centered in London ; and it appears that the customs of tiiat port amounted to 110,000/. a year, while those of all the kingdom beside yielded ouly seventeen thousand. Nay, the whole trade of London was confined to about two hundred citizens, who were easily enabled, by combining among themselves, to fix whatever price they pleased both to the exports and imports of the nation. The committee appointed to examine this enormous grievance, one of the greatest which we read of in English stoiy, insist on it as a fact well known and avowed, however couti'ary to present received opinion, tliat shipping and seamen had sensibly decayed during all the preceding reign.* And though nothing be more common than complaints of the decay of trade even during the most flourishing periods ; yet is this a consequence which might natu- rally result from such arbitrary establishments, at a time when the commerce of all the other nations of Europe, except that of Scotland, enjoyed full liberty and indulgence. While the commons were thus attempting to give liberty to tlio trading part of the nation, they also en- deavoured to free the landed property from the burden of wardships, and to remove those remains of the feudal tenures under which the nation still lab(nired, A just regard was shown to the crown iu tlie conduct • A remonstrance from the Trinit^'-hotisc in Ifi02 says, that In a little rNw- twelvc years after i.'ilill, the ahipiiinK and mnnber of seamen in Knifland rtf>- cayed about a third. AnRlesey's Happy Future State nt En^'Iand, p. 128. from sir Julius Ctesat^s Collections. See Jo\ini.21st of May, JUO-L Chap. XI.V.] JAMES I. 1603—1626. 569 of this affair ; nor ^ras the remedy sought for considered ns a matter of riprht, hut merely of grace and favour. Tlio profit whicli the king reaped, both from wards and from rcsjjite of homage, was estimated ; and it was in- tended to eoiii]ioiind for tlieso prerogatives by a secui'O and independent revenue. But after some debates in tlie house, and some conferences witli the lords, the affair was found to contain more diflieuUies than couUl easily, at tliat time, be surmounted; and it was not then brought to any conchision. Tlie same fate attended an attcm|it of a hlce nature, to free the nation from the burden of ))urveyance. Tliis preiogative bad been mueli abused by the pur- veyors ; and the commons showed some intention to oflir the king fifty tliousand potmds a year for the abo- lition of it. Another affair of the utmost consequence was brought before the parliament, where the commons sliowed a greater spirit of independence than any true judgment of national interest. The union of the two kingdoms was zealously, and even impatiently ni-ged by the king. He justly regarded it as the peculiar fe- licity of his reign, that he had terminated the bloody animosities of these hostile nations, and had reduced the whole island under one government : enjoying tran- quillity within itself, and security from all foreign in- vasions. He hoped, that while his subjects of both kingdoms reflected on past disorders, besides regard- ing his person as infinitely ])recious, they would enter- tain the strongest desire of securing themselves against tlio return of like calamities, by a thorough union of laws, parliaments, and privileges. He considered not, that this very reflection operated, as yet, in a contrary manner on men's prejudices, and kept alive that mu- tual hatred between the nations, which had been cari'ied to the greatest extremities, and required time to allay it. The more urgent the king a)i]ieared in promoting so useful a measure, the more backward was the English parliament in concurring with him ; while they ascribed his excessive zeal, to that partiality in favour of his ancient subjects, of which they thought, that, on other occasions, they had reason to complain. Their complaisance for the king, therefore, cariied them no further than to appoint forty-four English to meet with thirty-one Scottish commissioners, in order to deliberate concerning the terms of a union ; but without any power of making advances towards the establishment of it. The same spirit of independence, and perhaps not better judgment, appeared in the liouse of commons when tlie question of supply was brought before them, by some members attached to the court. In vain was it urged, that, though the king received a supply which had been voted to Elizabeth, and which had not been collected before her death ; yet he found it burdened with a debt, contracted by the queen, equal to the full amount of it : that peace was not yet thoroughly con- cluded with Spain, and that Ireland was still expensive to him : that on his journey from Scotland, amidst .such a concourse of people, and on that of the queen and royal family, he had expended considerable sums : and that as the courtiers h.ad looked for greater libe- ralities from the prince on his accession, and h.ad im- posed on his generous nature; so the piince, in his turn, would exjiect, at the beginning, some mark of duty and attachment from his people, and some consi- deration of his necessities. No im])ression was made on the house of commons by these topics ; and the majority ai)peared fully detemiined to refuse all sup- ply. The burden of government, at that time, lay sur- prisingly light upon the people: and that very reason, which to us, at this distance, m.ay seem a motive of generosity, was the real cause why thei)arli.ament was, on all occasions, so remarkably frugal and reserved. They were not, as yet, accustomed to open their jiurses in so liberal a manner as their successors, in order to Bupply the wants of their sovereign ; and the smallest demand, however requisite, appeared iu their eyes un- reasonable and exorbitant. The commons seem also to have been desirous of reducing the crown to still fur- ther necessities, by their refusing a bill, sent down t.i them by the lords, for entailing the crown-lands for ever on the king's heirs and successors. The dissi- pation made by Elizabeth had probably taught James the necessity of this law, and shown them the advau* tage of refusing it. In order to cover a disappointment with regard to supply, which might bear a bad construction, both at home and abroad, James sent a message to the house, in which he told them, that he desired no supply; and he was very I'ornard iu refusing what was never oflered him. Soon after, he prorogued the parliament, (Vtli July,) not without discovering, in his speech, visible marks of dissatisfaction. Even so early in his reigu, he saw reason to make public complaints of the rest- less and encroaching spirit of the iniritauical party, and of the malevoleuce with which they endeavoured to inspire the commons. Nor were his complaints without foundation, or the puritans without interest ; since the commons, now finding themselves free from the arbi- trary government of Elizabeth, made application for a conference with the lords, and presented a petition to the king; the purport of both which was, to procure, in favour of the puritans, a relaxation of the ecclesiastical laws.* The use of the surplice, and of the cross in baj)- tism, is there chiefly complained of ; but the remedy seems to have been expected solely from the king's dispensing power. In the papers which contain this application and petition, we may also see proofs of the violent animosity of the commons against the catholics, together with the intolerating spirit of that assembly. [See note 5 E, at the end of this I'o/.] PEACE WITH SPAIN. Aitgust 18. This summer the peace with Spain was finally con- cluded, and was signed by the Spanish ministers at Loudon. In the conferences previous to this treaty, the nations were found to have so few claims on each other, that, except on account of the support given by England to the Low Country provinces, the war might appear to have been continued more on account of personal animosity between Philip and Eliz.abeth, than any contrariety of political interests between their suhjects. Some articles in the treaty which seemed prejudicial to the Dutch commonwealth, were never executed by the king ; and as the S]iauiards made no complaints on that head, it appeared that, by secret agreement, the king had expressly reserved the power of sending assistance to the Hollanders.t The consta- ble of Castile came into England to ratify the peace; and on the part of England, the earl of llcrttord was sent into the Low Countries for the same purpose, and the earl of Nottingham, high-admiral, into Spain. The train of the latter was numerous and splendid ; and the Spaniards, it is said, were extremely surprised, when they belield the blooming countenances and graceful appearance of the English, whom their bigotry, inflamed by the priests, had represented as so many monsters and infernal demons. Though England, by means of her naval force, was perfectly secure during the latter years of the Spanish war, James showed an impatience to put an end to hostilities ; and soon after his accession, before any terms of peace were concerted, or even proiiosed by Spain, he recalled all the letters of marque which had been granted by queen Elizabeth. Archduke Albert had made some advances of a like nature, which in- vited the king to take this friendly step. But, what is renuxrkable, in James's proclamation for that purpose, he plainly supposes, that, as he had himself, while king of Scotland, always lived in amity with Spain, peace • La Bodcrie, tlic Frcr.ch «m^a!sado^, says, that the house of common: was composed mostly ol puritans. Vol. i. p. 81. t \yuiuood, vol. ii. p. 47, ijii, el alihi. In this i-espect James's ticace wriB more honourable than that which Henry IV. himself nuKlc wilh Spain. Th i latter prince sapulared not to assist the Dutch ; and tlic supplies whkh 'ui ^■•cretly sent them iverc in direct contrayention 10 die tremr. 660 THE HISTORY OF ENGLAND. [Chap. XLVI was aftncliod to Iiis i)crson, and tliat moroly liy Ins accession to tlie crown of Eii^'hind, witliout ;my articles of treaty or a^'rcemeiit, lie had emled tlie war betivocn the kiiiiidonis. This ijjnoranco of tiie law of nations may appear surprising in a prince who was thirty-six vcai-s of age, and who had reigned from his infancy, did we not consider, tliat a king of Scothind, who lives in dose frieudsliip with Enj^land, has few transactions to manage with foreign jirinces, and has little oppor- tnnily of acqniring experience. Unhappily for James, his timidity, his prcjndices, his indolence, his love of amusement, particularly of hunting, to which he was much addicted, ever prevented him from making any progress in the knowledge or practice of foreign poli- tics, and in a little time diminished that regard which ail the neighbouring nations had paid to England du- ring the reign of his predecessor. CHAPTER XLYI. GuiiP'^wdcr Cons]'ir.icy A Parliament Tmcc betwixt Siwiii and tlie uiiueii i'pMiiices A Pailiameiit Death of the Kreneli King Aiminiftiiism State of Ireland. "IT^E arc now to relate an event, one of the most ' ' memorable that history has conveyed to poste- rity, and containing at once a singular proof both of the strength and weakness of the human mind ; its widest departure from morals, and most steady attai^h- ment to religious prejudices. 'Tis the Gunpowder Trea- son of which I speak ; a fact as certain as it appears incredible. GUNPOWDER CONSPIRACY. 1C05. The Roman catholics liad expected great favour and indulgence on the accession of James, both as he was descended from JFary, whose life they believed to have been sacrificed to their cause, and as he himself, in his early youtli, was imagined to have shown some parti- ality towards them, which nothing, they thought, but interest and necessity had since restrained. It is pre- tended, that he had even entered into positive engage- ments to tolerate their religion, as soon as he should mount the throne of England ; whether their credulity had interpreted in this sense some obliging expressions of the king's, or that he had employed such an artifice, in order to render them favourable to his title. Very soon they discovered their mistake ; and were at once surprised and enraged to find James, on all occasions, e.xpress his intention of strictly executing the laws enacted against them, and of persevering in all the rigorous measures of Elizabeth. Catesby, a gentleman of good parts and of an ancient family, first thought of a most extraordinary method of revenge ; and he opened his inteution to Pierey, a descendant of the illustrious house of Northumberland. In one of their couvers.ations with regard to the distressed condition of the catholics, Pierey having broken into a sally of passion, and mentioned assassinating the king, Catesby took the opportunity of revealing to him a nobler and more extensive plan of treason, which not only included a sure execution of vengeance, but afforded some hopes of restoring tlie catholic religion in England. In vain, said he, would you put an end to the king's life : he has children, who would succeed both to his crown and to his maxims of government. In vain would j-ou ex- tinguish the whole royal (amily : the nobility, the gen- try, the parliament, are all infected with' the same heresy, and could raise to the throne another prince and another family, wlio, besides their hatred to our religion, would be animated with revenge for the tra- gical death of their predecessors. To serve any good purpose, we must destroy, at one blow, the king, tlie Toyal family, the lords, the conmions; and burv all our enemies in one common ruin. Il.applly, they are all assembled on the first meeting of the parliament ; and afford us the opportunity of glorious and useful ven- geance. Great jireparaiions will not be requisite. A few of ns, combining, may run a mine below the hall in which they meet ; and choosing the very moment when the king harangues both houses, consign over to destruction these determined foes to all piety and reli- gion Jleauwhile. we ourselves, standing aloof, safe and unsuspected, shall triumph in being the instru- ments of divine wrath, and shall behold with pleasure those sacrilegious walls, in which were passed the edicts for proscribing our cliiirch and butchering her children, tnssfd into a thousand fragments; while their impious inhabitants, meditating, perluaps, still new persecutions against us, p.ass from Hames above to flames below, there for ever to endure the torments due to their offeiices. Pierey was charmed with this project of Catesby ; .and they agreed to communicate the matte to a few more, and among the rest to Thomas Winter, whom they scut over to Flanders, in quest of Fawkes, an officer in the Spanish service, with whose zeal and courage they were all thoroughly acquainted. When they enlisted any new conspirator, in order to bind him to secrcsy, they alw.ays, together with an oath, em- ployed the communion, the most sacred rite of their religion. And it is remarkable, that no one of these pious devotees ever entertained the least compunction with regard to the crtiel massacre, which they projected, of whatever was great and eminent in the nation. Some of them only were startled by the reflection, that of necessity many catholics must be present ; as specta- tors or attendants on the king, or as luaving seats in the house of peers: but Tesmond, a Jesuit, and Garnet, superior of that order in England, removed these scru- ples, and showed them how tlie interests of religion required that the innocent should here be sacrificed with the guilty. All this passed in the spring and summer of the year 1C04 ; when the conspirators also hired a house, in Piercy's name, adjoining to that in which the parlia- ment was to assemble. Towards the end of that year they began their operations. That they might be less interrupted, and give less suspicion to the neighbour- hood, they carried in store of provisions with them, and never desisted from their labour. Obstinate in their purpose, and confirmed by passion, by principle, and by mutu.al exhortation, they little feared death in comparison of a disa]i))ointment ; and having provided arms, together with the instruments of tlieir labour, they resolved there to perish in case of a discovery. Their perseverance advanced the work; and they soon pierced the wall, thoiigli three yards in thickness ; but on approaching the other side, they were somewhat startled at hearing a noise, which they knew not how to account for. Upon inquiry, they found that it came from the vault below the house of lords ; that a maga- zine of coals bad been kept there ; and that, as the coals were selling otf, the vault w^iuld be let to the highest bidder. The opportunity was immediately seized; the place hired by Pierey; thirty-si.x barrels of powder lodged in it; the whole covered up with faggots and billets; the doors of the cellar boldly flung open ; and everybody .admitted, as if it contained no- thing dangerous. Confident of success, they now began to look forward, and to plan the remaining part of their project. 'I'he king, the queen, prince Henry, were all expected to be present at the opening of iiarli.iment. The duke, by reason of his tender age, would be absent; and it was resolved, that Pierey should seize him, or assassinate him. The princess Elizabeth, a child likewise, was kejit at lord Harrington's house at Warwickshire ; and sir Everard Digby, Kookwood, Grant, being let into the consjiiracy, engaged to assemble their friends on pretence of a Ininting match, and seizing that priactiijs« immediately to proclaim her queen. Chap^ KLVl. JAMES I. 1G03— 1620. 5Cl So transported were thoy with rage against their ad- versaries, and so charmed with tlie j)rospect of revenge, that they forgot all care of their ojn safety ; and trust- ing to the general confusion, whicli must result from so unexpected a blow, thoy foresaw not, that the fury of the people, now unrestrained by any authority, must have turned against them, and would probably have sa- tiateon compaiing .all circumstances, it was resolved that a more thorough inspection should be made. About midnight, sir Thomas Knevet, a justice of peace, was sent with proper attendants ; and before the door of the vault finding Fawkes, who had just finished all his preparations, he immediately seized him, and turning over the faggots, discovered the powder. The matches and everytliing proper for setting fire to the train were taken in Fawkes's pocket ; who, finding his guilt now apparent, and seeing no refuge but in boldness and despair, expressed the utmost legret, tb.ai iie had lost Jho opportunity of firing the po\vi!cr !it once, sod of Vol. I sweetening his own death by that cf his enemio."!. Before the council, lie displayed the same intrepid firmness, mi.xed even with scorn and disdain; refusiDg to discover his accomplices, and showing no concern but for the failure of the enterprise. This obstinacy Lasted two or three days : but being confined to the Tower, left to reflect on his guilt and danger, and the rack being just shown to him, liis courage, fatigued with so long an effort, and unsupported by hope or society, at last failed him ; and he made a full discovery of all the conspirators. C'ateshy, Piercy, and the other criminals, who wero in London, though they had heard of the al.ariii taken at a letter sent to Monteagle ; though they had heaid of the chamberlain's search ; yet were resolved to per- sist to the \itmost, aud never abandon their hopes of success. [See note bF, at the e:id of this Vol.] But at last, hearing that Fawkes was arrested, thoy hurriccl down to Warwickshire; where sir Kverard Digbv, thinking himself assured that success had attended his confederates, was already in arms, in order to seize the princess Elizabeth. She had escaped into C'o\entry ; and they were obliged to put themselves on their de- fence against the country, who were raised from all quarters, and armed, by the sheriff. The conspirators, with all their attendants, never exceeded the number of eighty persons ; and being surrouuded ou every side, could no longer entertain lioi>es either of prevail- ing or escaping. Having therefore confessed them- selves, and received absolution, they boldly prepared for death, and resolved to sell their lives as dear as possible to the assailants. But even this miserable consolation was denied them. Some of their powder took fire, .and disabled them for defence. The peoplo rushed in upon them. Piercy and C'ateshy were killed by one shot. Digby, Eookwood, Winter, and others, being taken prisoners, were tried, confessed theirguilt, and died, as well as Garnet, by the hands of the execu- tioner. Notwithstanding this horrid crime, the bigoted catholics were so devoted to Garnet, that they fancied miracles to be wrought by his blood; aud in Spain he was regarded as a martyr. Neither had the desperate fortnue of the conspirators urged them to this enterprise, nor had the former pro- fligacy of their lives prepared them for so great a crime. Before that audacious attempt, their conduct seems, in general, to bo liable to no reproach. Ca- tesby's character had entitled him to such regard, that Rookwood and Digby were seduced by their imidicit trust in his judgment; and they declared, that, Ironi the motive alone of friendship to him, they were ready on any occasion, to have sacrificed their lives. Dighy himself was as highly esteemed and beloved as any man in England; and he had been particularly honoured with the good opinion of queen Elizabeth. It was bigoted zeal alone, the most absurd of prejudices masked with reason, the most criminal of passions covered witli the appearance of duty, which seduced them into measures that were fatal to themselves, and had so nearly proved fatal to their country.* The lords Mordaunt and Stourton, two catholics, were fined, the former ten thousand pounds, the hatter four thousand, by the star-chamber, because theii absence from parliament had begotten a suspicion of tlic>ir being acquainted with the conspiracy. The earl of Northumberland was fined thirty thousand pounds, and detained several years prisoner in the Tower; be- cause, not to mention other grounds of suspicion, he had admitted Piercy into the number of gentlemeu pensioners, without his taking the requisite oaths. The king, in his speech to the parliament, observed, that though religion h.ad engaged the conspirators in so criminal an attempt, yet ought we not to involve all ■ Diffby, afwr Iiis condemtiat'on, uid in a letter to his wife ; " Now for my intfiition. )ct me tell you, that if I hati thought there haJ been the Icait tin in til- pint. I w -vild not ha-c been of it for all the world : and no other cause tirtu u:e ui .'.aianl my fortune and l;fe, but *c4l to CiiMl't rclijnon." H.? tst- prvt'rt his » ri^ri..' t.» hear tha: .inv c.\:liuliC3 ;aj coiidemr.cd it.— Di.'-I.y's rJilfert, ptil-l!«hej Ijy M rvuv. y Coventry ■i c 502 THE HISTORY or' ENGLAND. [Chap. XLVI. the noman catholics in the same guilt, or suppose them equally ilisposed to coininit such ouormous barbarities. Manv'holy meii, he said, and our ancL-slors amoug the rest had been seduced to concur with that church in her 'scholastic doctrines, who yet had never admitted lier seditious principles, concerning the pope's power of dethroning Iciiig*^, or sanctifying assassination. The wrath of Heaven is denounced against ciimes, but in- nocent error may obtain its favour; and nothing can bo more hateful'tlian the uncharitableness of the puri- tans, who condemn alike to eternal torments, even tlie most inoffensive partisans of popery. For his part, lie added, that conspiracy, however atrocious, should never alter, in the least, his plan of government : while with one hand he punished guilt, with the other he would still support and protect innocence. After this .'speech, he prorogued the parli.ament till the 22nd of January.* ICOG. The moderation, and, I may say, magnanimity, of the king, immediately after so narrow an escape fiom a most detestable conspiracy, was nowise agree- ;vble to his subjects. Their animosity again.st popery, even before this provocation, had risen to a great pitch ; and it had perhaps been more prudent in James, by a little dissimulation, to have conformed himself to it. His theological learning, ccnfirraed by disputation, had happily fixed his judgment in the protcstant faith; }-ct was his heart a little biassed by the allurements of Homo, and he had been well pleased, if the making of some advances could have effected an union with that ancient mother-church. lie strove to abate the acii- mony of his own subjects against the religion of their fathers : he became himself the object of their dilK- dence and aversion. AVhatever measures he embraced, in Scotland to introduce prelacy, in England to enforce the authority of the established church, and support its rites and ceremonies, were interpreted as so many steps towards popery ; and were represented by the puritans as symptoms of idolatry and superstition. Ignorant of the consequences, or unwilling to sacrifice to politics liis inclination, which he called his conscience, he por- Bevered in the same measures, and gave trust and preferment, almost indifferently, to his catholic and protestant subjects. And finding his person, as well as iiis title, less obnoxious to the church of Rome, than (hose of Elizabeth, he gradually abated the rigour of those laws which had been enacted against that church, .and which were so acceptable to his bigoted subjects. Jhit the effects of these dispositions on both sides be- came not very sensible tili towards the conclusion of his reign. At this time James seems to have possessed the affections even of his English subjects, and, in a tole- rable degree, their esteem and regard. Hitherto their complaints were chiefly levelled .against his too great constancy in his early friendships ; a quality which, had it been attended with more economy, the wise would have excused, and the candid would even, per- haps, have applauded. His parts, wlucli were not despicable, and his learning, whicli was great, being highly extolled by his courtiers and gownmen, and not yet tried in the management of any delicate affairs, for which he Avas unfit, raised a high idea of liim in t!ie world ; nor was it alw.ays through flattery or insin- cerity that he received the title of the second Solomon. A report, which was suddenly spread about this time, of his being assassinated, visibly struck a great con- sternation into all orders of men. The commons also abated, this session, somewhat of their excessive fru- f; dity, and granted him an aid, payable in four years, of three subsidies and si.t fifteenths, wliiili, sir Francis Bacon said in the house, might amount to about four liundred thousand pounds: and for once the king and pirliaraent parted in friendship .and good humour. The hatred which the catliolics so visibly bore him, gave him, at this time, an additional value in the eyes • The prilamcnt, thu HcMiail, paf^d nn net obliging e^'crv one tc talie tlie Oitzit of Rlteguince: a very mtHlenl.t tn:, since it decided nocontrovcrced jHiints IfiHwo^ the two relittions, and .iiiy ''nj,^«ecl the pcrsnns who took it to abjure Oie pope's pavnr of delhroniji^^ li :ii;>.— S.« liing Jamei's Worlts, p. 2.ti) of his people. The only considerable point in which the commons incurred his displeasure, was by disco- vering their constairt goodwill to thepuritans, in whose favour they desired a conference with the lords : Avhich was rejected. The chief afiair transacted next session, (18th No- vember,) was the intended union of the two king- doms. Nothing could exceed the king's passion and zeal for this noble enterprise, but the parliament's prejudice and reluctance against if. There remain two excellent speeches in favour of the union, which it would not be improper to compare together; that of the king, and that of sir Francis liacon. Those who affect in everything such an extreme contempt for .fames, will be surprised to find, that his discourse, both for good i-easoning and eloquent composition, approaches veiy near that of a man who was un- doubtedly, at that time, one of the greatest geniuses in Europe. A few trivial indiscretions and indecorums may be said to characterize the harangue of the nio- uai'ch, and mark it for his own. And, in general, so open and avowed a dcdaiation in favo\ir of a measure wliile he had taken no care, by any precaution or in- trigue, to ensure success, may safely be pronounced an indiscretion. But the art of managing parliaments, by private interest or cabal, being found hitherto of little use or necessity, had not, as yet, become a part of English politics. In the common course of affairs, government could be conducted withont their assist- ance ; and when their concurrence became necessary to the measures of the clown, it was, gener.ally speak- ing, except in times of great faction and discontent, obtained without much difficulty. The king's influence seems to have rendered the Scottish parliament cordial in all the steps which they took towards the union. Though the advantages which Scotland might hope from that measure were more considerable ; yet were the objections too, with regard to that kingdom, more striking and obvious. Tlie benefit which must have resulted to England, both by accession of strength and security, was not de- sjiicable; and as the English were by far the greater nation, and possessed the scat of government, the ob- jections, either from the point of honour, or from jealousy, could not reasonably have any place among them. The English parliament indeed seem to have been swayed merely by the vulgar motive of national antipathy. And they persisted so obstinately in their prejudices, that all the efforts for a tliorough union and incorporation ended only in the abolition of the hostile laws formerly enacted between the kingdoms.* Some precipitate steps which the king, a little after his accession, had taken, in order to promote hi.s fa- vourite project, had been here observed to do more in- jury than service. From his own authority, he had assumed the title of king of Great Britain ; and had quartered the arms of Scotland with those of England, in all coins, flags, and ensigns. He had also engaged the judges to inalce a declaration, that .all those who, after the union of the crowns, should be born in either kingdom, were, for that reason alone, natural- ized in both. This was a nice question, and, accord- ing to the ideas of those times, susceptible of subtle reasoning on both sides. The king was the same; the parliaments were difl'erent. To render the people therefore the same, we must suppose that the sove- reign authority resided chiefly in the prince, and that those popular assemblies were rather instituted to as- sist with money and advice, than endowed with any controlling or .active powers in the government. " It is evident," s.ays Bacon in his pleadings on this sub- ject, " that all other commonwealths, monarchies only excepted, do subsist by a law precedent. For where authority is divided amongst many ofticers, and they • The commons wct« even so a%"erse to tlic union, tliat tJiey had complained in ti. ' "nier session to the liirds, of tlie bishnp of liristol, for u-ritinfr a iKXiIt infavonrot II : "nd the prelate was obliged to malcc submissions for this olTen'-e. The cnme ...; noted to linn seems to have consis'ed in his trcr.tlng of a subject tvlilrh lav before ih; inrliament- .So little notion Jiad they as yet cP ecneral liberty I— b'ce " I'arliajnentary History," vo!. v. p UI8, IH.I. 1 la Chap. XLVI.J JAMES I. 1603—1625. 563 not perpetual, but aimual or temporary, and not to THUCE BETWEEN SPAIN AND THE UNITED receive their authority but by election, auQ certaio persons to Lave voices only in that election, and the like ; these are busy and curious frames, which of necessity do presuppose a law precedent, written or unwritten, to fjuido and direct tliem : but in mo- narchies, especially hereditary, that is, when several families or lineages of pooplu do submit tliemselves to one line, imperial or royal, the submission is more natural or simple, which afterwards, by law subse- quent, is perfected, and made more formal : but that is grounded upon nature." It would seem from this reasoning, that the idea of a hereiiitarij, unlimited nio- iiarcliy, though implicitly supposed in many public transactions, had scarcely over, as yet, been expressly formed by auy English lawyer or politician. Except the obstinacy of the parliament with regard to the union, and an attempt on the king's ecclesias- tical jurisdiction, most of their measures, during t'lis session, were sufficiently respectful and obliging; tliough they still discover a \'igilant spirit aud a care- ful altentiou towards national liberty. The votes also of the commons show, that the house contained a mix- lure of puritans, who had .acquired great authority among tlieni, .and who, together with religious pre- judices, were coutinually suggesting ideas more suit- aljle to a popular than a, monarchical form of go- vernment. The natural .appetite for rule made the commons lend a willing ear to every doctrine which tended to augment their own power aud influence. Ifi07. A petition was moved in the lower house for a more rigorous execution of the laws against poi)ish re- cusants, and an abatement towards prgtestant clergy- men, who scrupled to observe the ceremonies. Both tliose points were equally un.accpptable to the king ; and he sent orders to the house to proceed no further in that matter. The commons were inclined, at first, to consider these orders as a breach of privilege : but they soon acquiesL-ed, when told that this measure of tho king's was supported by many precedents during the reign of Elizabeth. Had they been always dis- posed to make the precedents of that reign the rule of tlieir conduct, they needed never have had auy quarrel with any of their monarchs. The complaints of Spanish depredations were very loud among the English merchants. The lower house sent a message to tho lords, (5tli June,) desiring a con- ference with them in order to their presenting a joint petition to the king on the subject. The lords took some time to deliberate on this message ; because, tliey said, tho matter was weiyhli/ and rare. It pro- bably occurred to them at first, that the parliament's interposing in afiairs of state would appear imusual and extraordinary. And, to show that in this sen- timent they were not guided by court influence, after they had deliberated, they agreed to the con- ference. The house of commons began now to feel themselves of such importance, that on tho motion of sir Edwin Sandys, a member of great authority, they entered, for the first time, an order for the regular keeping of their journals. When all business was finished, the king prorogued the parliament. About this time there was an insurrection of the country people in Northamptonshire, headed by one Reynolds, a man of low condition. They went about destroying inclosnres ; but carefully avoided commit- ting any other outr.age. This insurrection w.as easily suppressed, (4th July,) and though great lenity was used towards the rioters, yet were some of the ring- leaders punished. The chief cause of that trivial com- motion seems to have been, of itself, far from trivial. Tho practice still continued in England, of disusing tillage, aud throwing tho hand into inclosures for the Bake of pasture. By this means the kingdom was de- populated, at least prevented from increasing so much in people as might havo been expected from the daily increase of industry and commerce. PROVINCES. Next year presents us with nothing memorable : but in the spring of the subsequent, [1609,] after a Jong negociation, was concluded, by a truce of twelve yeai-s, that war, which, for near half a century, had been carried on with such fury between Spain and tho States of the United Provinces. Never contest teemed, at first, more unequal : never contest was finished with more honour to the weaker party. On the side of Spain were numbers, riches, authority, disci pliue : on the side of the revolted province's were found the attachment to liberty and the enthusiasm of religion. By her naval enterprises the republic maintained her armies ; and, joining peaceful industry to military valour, slie was enabled, by her own force, to support herself, and gradually rely less on those neighbouring princes, who, from jealousy to Spiiin, were at first prompted to encourage her revolt. Long had the pride of that monarchy prevailed over her in- terest, and prevented her from hearkening to any terras of accommodation with her rebellious subjects. But finding all inteicourse cut off between her pro- vinces by the maritime force of the States, she at last agreed to tieat with them as a fiee peojile, aud solemnly to renounce all claim and pretensions to their sovereignty. This chief point being gained, tho treaty was easily brought to a conclusion, under the joint mediation and guarantee of France and EuglaufL (;iOth March.) All exterior appearances of honour were paid equally to both crowns; but very different were the sentiments which the States, as well as all Europe, entertained of the princes who wore them. Frugality and vigour, the chief circumstances which procure regard among foreign nations, shone out as conspicuously in Henry as they were deficient in James. To a contempt of the English monarch, Henry seems to have added a consi- derable degree of jealousy aud aversion, which were sentiments altogether without foundation. James was just and fair in all transactions with bis allies,* but it appears, from the memoirs of those times, that each side deemed him partial towards their adversary, .and fancied that he had entered into secret measures against them. So little equity have men in their judg- ments of their own affairs; and so dangerous is that entire neutrality affected by the king of England. A PARLIAMENT. February 9, ICIO. Tho little concern which James took in foreign affairs renders the domestic occurrences, particularly those of parliament, the most interesting of his reign. A new session was held this spring ; the king full of hopes of receiving supply ; tho commons of circum- scribing his prerogative. The earl of Salisburv, now created treasurer, on the death of the earl of Dorset, laid open the king's necessities, first to the peers, then to a committee of the lower house. Ue insisted on the ujiavoidable expense incurred in supporting the navy, aud in suppressing a late insurrection in Ireland : he mentioned three numerous courts which the king was obliged to maintain, for himself, for tho queen, and for the prince of Wales: he observed, that queen Elizabeth, though a single woman, had received very largo supplies in the years preceding her death, which alone were expensive to her ; and ho remarked that, during her reign, she had .alienated many of the crown-lands; an expedient which, though it supplied her present necessities, witlvout laying burdens on her people, extremely multiplied tho necessities of her suc- ...' ^^'a '''"1 °! •>=«'JJ'H'>^«'iin wliib.i «•« rccninmenW br lUnrv. H. I-,. i.,„ f,„ni Jcanm, tnm. iu. p. ■»«, -.17. It had Inn:; two ",'" iistrom Jeanlnsauihority, ihat J.-uiira hs.l dtilnrcj!.. ;"', '™' "■■' ";<"'« 'lot sufpore trie Dutcl: ui Oicir nmenuuui ■'■jl""- ''"• ",{;».' ■ "Ci- Iwn liiscixiwi l.y 1\ init(.x!'b P- **• •'.W". iw, •1/5, 4,(i, that thK report wa.- routuksj ou .Mctni-nal-. alicoffic^dt'iil nu-bardot's. 664 THE HISTORY OF ENGLAND. [CHAi-. XLVl, cesser. From all these causes he thought it nowise Btraugc, that the king's income should fall short so jp-oat a sum as ciuhty-ouc thous;ind pouuds of liis stated and regular expense ; without mentioning con- tin"encics, which ought always to be esteemed a fourth of "the yearly charges. And as the ciown was now necessarily burdened with a great and uigent debt of 3tKI,000 pounds, he thenee inferred the absolute neces- sity of an immediate and large sujiply from the people. To all these reasons, which James likewise urged in a speech addressed to botli houses, (21st Jlareh,) tlie commons remained inexorable. But, not to shock the king with an absolute refusal, they granted him one subsidy and one fifteentli ; which would scarcely amount to a hmidred thousand pounds. And James received the mortitication of discovering, in vain, all his wants, and of begging aid of subjects who had no reasonable indulgence or consideration for him. Among the many causes of disgust and quarrel, which now daily and unavoidably multiplied between prince and parliauieut, this article of money is to be regarded as none of the least considerable. After tlie discovery and conquest of the West Indies, gold and silver became every day more plentiful in England, as well as in the rest of Europe ; and the price of all Commodities and provisions rose to a height beyond what had been known since the declension of the Ro- man empire. As the revenue of the ciown rose not in proportion,* the prince was insensibly reduced to poverty amidst the general riches of his subjects, and required additional funds, in order to support the same magnificence and force which had been maintained by former monarchs. But, wliile money thus flowed into England, we may observe, that, at the same time, and probably from that very cause, arts and industry of all lands received a mighty increase; and elegance in every enjoyment of life became better known, and more cultivated among all ranks of people. The king's servants, both civil aud military, his courtiers, his ministers, demanded more ample supplies from the impoverished prince, aud were not contented with the same simplicity of living which had satisfied their an- cestoi'S. The prince himself began to regard an in- crease of pomp and splendour as requisite to support the dignity of his character, and to preserve the same superiority above his subjects, which his predecessors had enjoyed. Some equality too, and proportion to the other sovereigns of Europe, it was natural for liira to desire ; and as they had universally en- larged their revenue, and multiplied their taxes, the king of England deemed it reasonable that his sub- jects, who were generally as rich as theirs, should bear with patience some additional burdens and im- positions. Unhappily for the king, those very riches, with the increasing knowledge of tlie age, bred opposite senti- ments in his subjects ; and, begetting a spirit of free- dom and independence, disposed them to pay little regard either to the entreaties or menaces of their sovereign. While the barons possessed their former immense property and extensive jurisdictions, they were apt, at every disgust, to endanger the monarch, and throw tlie whole government into confusion : but this confusion ofteu, in its turn, proved favourable to the monarch, and made the nation again submit to him, in order to re-establish justice and tranquillity. After the power of alienations, as well as the iucrease of commerce, had thrown the balance of property into the hands of the commons, the situation of affaiis, and the dispositions of men, became susceptible of a more regular plan of liberty ; and the laws were not supported singly by the authority of the sovereign. And though in that interval, after the decline of the peers, and before the i)eople had yet experienced their force, the princes assumed an exorbitant power, • Ikridrt tlic Krcat alienaron of the crowu-ldiids, the fee-farm rents never trmatif'A. and itie other landb were let on long leases, and at a great undcv- valUf, liule or noUiiiifi Rhove the old rent. and had almost annihilated the constitution under tha weight of their prerogative ; as soon as the commons recovered from their lethargy, they seem to have beeu .ittonished at the danger, and were resolved to secure liberty by firmer barriers thau their ancestors hud hitherto pro\ided for it. Had James ])Ossessed a very rigid frugality,he might have warded off this crisis somewhat longer ; and waiting patiently for a favourable opi)ortunity to in- crease and fix his revenue, might have secured the ex- tensive authority transmitted to him. On the other hand, had the commons been iucliued to ait with more generosity and kindness towards their prince, they might probably have turned his necessities to good account, and have bribed him to depart peaceably from the more dangerous articles of his prerogative. But he was a foreigner, and ignorant of the arts of popularity ; they were soured by religious prejudices, aud tenacious of their money : and, in this situation, it is no wonder that, during this whole reign, we scarcely find an in- terval of mutual confidence and frieudsliip between prince aud parliament. The king, by his prerogative alone, liad some years before altered the rates of the customs, and had estab- hshed higher impositions on several kinds of merchan- dise. This exercise of power will naturally, to us, ap- pear arbitrary and illegal ; yet, according to the prin- ciples and practices of that tune, it might admit of some apology. The duties of tonnage and poundage were at first granted to the crown, by a vote of parliiimeut,and for a limited time ; and as the grant frequently expired and was renewed, there could not then arise any doubt concerning the origin of the king's right to levy these duties ; and this imposition, like all others, was plainly derived from the voluntary consent of the people. But as Henry V. and all the succeeding sovereigns had the revenue conferred on them for life, the prince, so long in possession of these duties, began gradually to consider them as his own proper right and iuherit- ance, and regarded the vote of parliament as a mere formality, which rather expresseil the acquiescence of the people in his prerogative, than bestowed any new gift or revenue upon him. The parliament, when it first granted poundage to the crown, had fi.xed no particular rates ; the impo- sition was given as a shilling a pound, or five pi'r cent., on all commodities ; it was left to the king him- self, and the privy-council, aided by the advice of such merchants as they should think proper to consult, to fix the value of goods, and thereby the rates of the customs : aud as that value liad been settled before the discovery of the West Indies, it was become much in- ferior to the ])iices which almost all commodities bore in every market in Europe ; and consequently, the customs on many goods, though supposed to be five per cent., was in reality much inferior. The king, therefore, was naturally led to think that rates which were now plainly false, ought to be corrected ; that a valuation of commodities, fixed by one act of the privy-council, might be amended by another ; that if his light to poundage were inherent in the crown, he should al.so possess, of himself, the right of correcting its inequali- ties ; if this duty were granted by the people, he should at least support the spirit of the law, by fi.xing a new and a justcr valuation of all commodities. But besides this reasoning, which seems plausible, if not soUd, the king was supported in that act of power by direct pre- cedents, some in the reign of Mary, some in the begin- ning of Elizabeth. Both these princesses had, without consent of parliament, altered the rates of commodities; and as their impositions had, all along, been submitted to without a murmur, and still continued to be levied, the king had no reasons to aiiprehend that a further exertion of the same authority would give any occasion of complaint. That less umbrage might be taken, he was moderate in the new rates which he established : the customs, during his whole reign, rose only from 127,OU() pounds a year to l!)n,()0() ; though, besides the riTAr. XI.VI.] JAMES 1. 1 003— 1625. 8e<5 incrciisu of tlio vtito?, tlioro was a scnsiljle incroaso of commerce and iiulustry during that period : every com- modity, besides, which miglit serve to the subsistence of the people, or might be considered as a material of manufactures, was exempted from the new impositions of James: but all this caution could not jirevent tlie comjdaints of tlie commons. A spirit of liberty had now taken possession of the house : tlie leading mem- bers, men of an independent genius and large views, began to regulate their opinions, more by the future consequences which they foresaw, than by tlie former precedents which were set before them ; and they less aspired at maintaining the ancient constitution, than at cstablishuig a new one, and a freer, and a better. In their remonstrances to the king on tliis occasion, they observed it to be a general opinion, " That the reasons of that practice might be extended much further, even to the utter ruin of the ancient liberty of the kingdom, and the .subjects' right of property in their lands and goods." Though expressly forbidden by the king to touch his prerogative, they p.assed a bill abolishing these impositions, which was rejected by the house of lords. In .another address to the king they objected to the practice of borrowing upon pri\-y seals, and desired thiit the subjects should not be forced to lend money to his majesty, nor give a reason for their refusal. Some murmurs likewise were thrown out in the house against a new monopoly of the licence of wines. It must be confessed, tluat forced loans and monopolies were es- tablished on many and ancient as well as recent prece- dents ; though iliamotrically opposite to all the princi- jdes of a free government. [Sec note 5 G, at the end nf this Vol.] The honse likewise discovered some discontent against the king's proclamations. James told them, "That though he well knew by the constitution and jiolicy of the kingdom, that proclamations were not of iipial force with laws; yet he thought it a duty incum- bent on him, and a power inseparably annexed to the crown, to restrain and prevent such mischiefs and in- conveniences as he saw growing on the state, against ^^hich no certain law was extant, and which might t"nd to the great detriment of the subject, if there should be no remedy provided till the meeting of a par- liament. And this jirerogative," he adds, " our pro- genitors have, in all times, used and enjoyed." The intervals between sessions, we may obsen'e, were fre- quently so long as to render it necessary for a prince to interpose by his prerogative. The legality of this exertion was established by uniform and undisputed ]ir.actice ; and was even acknowledged by lawyers, who made however this difference between laws and ]iro- clam.ations, that the authority of the former was perjje- tii.il, that of tlie latter exjiired with the sovereign who omitted them. But what the authority could be, which bound the subject, yet was different from the authority of laws, and inferior to it, seems inexplicable by any maxims of reason or politics ; and in this instance, as in m.any others, it is easy to see how inaccurate tho I^nglish constitution w.as, before the parliament was enabled, by continued acquisitions or incroachmcntSj to cst.ablish it on fixed principles of liberty. Upon the settlement of the Reformation, that exten- sive branch of jiower, which regards ecclesiastical mat- ifvs, being then without an owner, seemed to belong to the first occupant ; and Henry VIII. failed not im- mediately to seize it, and exert it even to the utmost deirree of tyr.anny, The possession of it was continued v;itli Edward, and recovered by Elizabeth ; and that ambitious princess was so remarkably jealous of this flower of her crown, that she severely reprimanded the rar'nament, if they ever presumed to intermeddle in these matters ; and they were so overawed by her au- VJionty, .as to submit, and to ask pardon on these oc- ca.sions. liut James's parliaments were much less obse- c^i.ioViH. They ventured to lift up their eyes, and to consider this prerogative. They there saw a large pro- vince of government, posses.'^cd by the king alnre, and scarcely ever communicated with the parliament. They were sensible that this province admitted not of an exact boundary or circumscription. They had felt that the Roman pontiff, in former .ages, under pre'ence of religion, was gradually making advances to usurp tlie whole civil power. They dreaded still more dangerous consequences from the claims of their own sovereign, who resided among them, and who, in many other respects, possessed such unlimited authority. They therefore deemed it absolutely necessary to circum- scribe this branch of jirerogative ; and accoidingly, in the preceding session, they ]mssed a bill against the establishment of any ecclesiastical canons witliout con- sent of parliament. Rut the house of lords, as is usual, defended the barriei's of tlie throne, and rejected tho bill. In this session, the commons, after passing anew the same bill, made remonstrances against the proceedings of the hiffh conwiissioii court. It required no great pe- netration to see the extreme danger to liberty, .arising in a reg.al government, from such large discretionary powers as were exercised by that court. Rut James refused compliance with the application of the com- mons. He was probably sensible that, besides tho diminution of his authority, many inconveniences must necessarily result from the abolishing of all discretion- ary power in every magistrate ; and that the Laws, were they ever so carefully framed and digested, could not possibly provide against every contingency; much less, where they had not, as yet, attained a sufficient degree of accuracy and refinement. Rut the business which chiefly occupied the com- mons during this session, was the .abolition of wardships and jmrveyaiice ; pi'crogatives which had been more or less touched on, every session, during the whole reign of James. In this .affair the commons employed tho proper means, which might entitle them to success: they offered the king a settled revenue .as an equiv.alent for the powers which he should part with ; and the king was willing to hearken to terms. After much dispute he agreed to give up these prerogatives for 200,000 pounds a year, which they agreed to confer upon him.* And nothing remained, towards closing the bargain, but that the commons should determine the funds by which this sum should be levied. This session was too far advanced to bring so difhcult a mat- ter to a full conclusion, and thougli the piirliament met ag.ain, towards the end of the year, and resumed the question, they were never able to terminate an affair upon which they seemed so intent. The journals ot that session are lost ; and, as the historians of this reign are very negligent in relating parliamentary af- fairs, of whose importance they were not sufficiently .apprized, we know not exactly the reason of tliis failure. It only ajjpears, that the king was extremely dissatisfied with the conduct of the parliament, and soon after dissolved it. This was his first parliament, and it sat near seven years. Amidst all these attacks, some more, some less vio- lent, on royal prerogative, the king displ.ayed, as openly as ever, all his exalted notions of monarchy .and the au- thority of princes. Even in a .speech to the ]iarliamenl, where he begged for supply, and where he should na- turally have used every art to ingratiate himself with that a.ssembly, he expressed himself in these terms : " ] • \Vc Ipam from VVinwood's McmoruJs, vol. ii. p. 193. tlic reason Assi^ucd this )Aruoiil;ir sum. " Krom tlience my loril-trcasurcr t-aiiie to the prirf • and here lie saiiI, that the kijit; u-oiild no more rise and fall like a inerehaii^ *rii«t he would not ha\'C a flower of his crown (meaning; thccourt of warlc. s.^ much f ssed : that it was too dainty to be so handled : and then, he saio, that he must deliver the very countenance and character of the kinir's m'.nd out of his ou n handwriting ; wliich, before he read, he said he would .ic- riuaint us with a plcasanteonceit of his majesty. .As conrrrninK the nunibe: of nine scire tliou. and pounds, whiih was our number, lie could not alVecC 1 eiKuse nme was the number of the rviets, who were always lH::;^ar», tliouicti they served so many muses ; and eleven was the number of the ap-atln, u liet. the trnitov .hid.is was away ; and therefore might best be affected by his m.i. jesty : but tliere waa a mean number, w hich ini>,ht accord us both ; and Ihct ti'ftstrn: wliich, says my lord-treasurer, is a sacied numlver; for so mai.j were titvl"* fommandmcnts, which tend to virtue and eilihcation." 1.' the coinmoiis really \ oted twenty thousand pounds a year more, on account of this ;//erj,tfifjr conceit of the king and the trivtsurcr. it was certainly the bei laid wit, for its goodnca, that ever was in the wnrll. 566 THE HISTORY OF HNGLAND [Chap. XLVf. oonclnde then, the point toucliing the power of kiiiRS, with this axiom of divinity, lliut, as to dispiitu what Golly engaged in the rebellion against Elizabeth, n resignation of all the rights, which had been formerly granted them to separate jurisdictions, was rigor- ously exacted ; and uo authority, but that of the kiu^ CutB. XI.\ 11.1 JAMES I. 1603—1625. 567 aud t!ie Jaw, w.-is permitted tlirougliout the king- acui. A res'i|»iiation of all private estates was even re- 3uirp(l : and wlicn tliey were restored, the i]roprietors received tlicni under such conditions as might prevent, for ilie future, all tyranny and oppression over the common people. The value of the ihics, whieli the nohlcR usually claimed from their vassals, was esti- mated at a fixed sum, and all further arbitrary exac- tions prohibited under severe penalties. Tlie whole province of Ulster having fallen into the crown by the attainder of rebels, a company was estab- lished in I^ondoD, for planting new colonies in that fer- tile country : the property was divided into moderate shares, the largest not exceeding two thousand acres : tenants were brought over from England and Scotland: the Irish were removed from the hills aud fastnesses, jind settled in the open country : liusbandry and the arts were t.aught them : a fixed habitation secured : plunder and jobbery punished : and, by these means, Ulster, from being the most wild and disorderly pro- vince of all Ireland, soon became the best cultivated aud most civilized. Such were the arts by which James introduced hu- manity nud justice among a peoiile who had ever been buried in the most profound barbarism. Noble cares ! much superior to the vain aud criminal glory of con- quests; but requiring ages of perseverance and atten- tion to perfect what had been so happily begun. A laudable act of justice was, about this lime, exe- cuted in England upon lord Sanquir, a Scottish noble- man, who had been guilty of the base assassination of Turner, a fencing-master. The English nation, who were generally dissatisfied with the Scots, were en- raged at this crime, equally mean and atrocious ; but ■Tames appeased them, by preferring the severity of law to the intercession of the friends and family of the criminal. CHAPTER XLTII. Doth of Prince Henn- ^^an^a^e of the Princess Elizabctli with the PrIr- line KiM of Somerscc His Marriage Overbury Poisoned Fall of SoaicTMt Hue of Uuckinffham Cautionarj' Toivns delivered Affairs of Scotland. DEATH OF PRINCE HENRY. Novemher G. THIS year the sudden death of Heniy, prince of Wales, diffused an universal grief throughout the nation. Though youth and royal birth, both of them strong allurenionts, prepossess men mightily in favour of the early age of princes ; it is with peculiar fondness that historians mention Ileniy : and, in every respect, his merit seems to have been e.xtraordinary. He had not reached his eighteenth year, and he already pos- sessed more dignity in his behaviour, and conuijanded more respect, than his father, with all his age, learn- ing, and experience. Neither his high fortune, nor his youth, had seduced him into any irregular pleasures : business and ambition seem to have been his sole passion. His inclinations, as well as exercises, were martial. The French amb;issador, taking leave of him, and asking his commands for France, found him em- ployed in the exercise of the pike ; '• Toll your king," said he, " in what occupation you left me engaged."* He liad conceived great affection and esteem for the brave sir Walter Raleigh. It was his saying, " Sure no king but my father would keep such a bird in a cage." He seems indeed to have nourished too violent a contempt for the king on account of his pedantry and inisillaniniity; and by that means struck in with • The French monarch hart g^wn jv\nlcul.ir onlcre to hU minister* tn ctilti- *Ate the pnnce's friendship; who must snon. said he, have chicr authority in EnitUnd, where the king and queen are held in so little estljnatiun. See Dcp. dcUBodoie, roU L p. -Ke, lU' vol. U. p.lG>:Utf. the restless and martial spirit of the ICnglisli nation. Had ho lived, he had probably promoted the glory, perhaps not the felicity, of his people. The unhappy l>repossession, which men commonly entertain in fa- vour of ambition, courage, enterprise, and other war- like virtues, engages generous natures, who always love fame, into such pursuits as destroy tlieir own {leace, and that of the rest of mankind. Violent reports were propagated, as if Henry had been carried off by poison ; but the physicians, on opening his body, found no symptoms to confirm such an opinion. The bohl and criminal malignity of men's tongues and pens spared not even the king on the occa- sion. But that prince's character seems rather to have failed in the extreme of facility and humanity, than in that of cruelty and violence. His indulgence to Henry was groat, and perhaps imprudent, by giving him a large and independent settlement, even in so early youth. MARRIAGE OP THE PRINCESS ELIZABETH WITH THE PALATINE. February 14, 1C13. The marriage of the princess Elizabeth, with Fred- eric, elector-palatine, was finished some time after the death of the prince, and served to dissipate the grief which arose on that melancholy event. I3ut this mar- riage, though celebrated with gi-eat joy and festivity, proved, itself, an unhappy event to the king, as well as to his son-in-law, and had ill consequences on the re- putation and fortunes of both. The elector, trusting to so great an alliance, engaged in enterprises beyond his strength. And the king, not being able to snppoi t him in his distress, lost entirely, in the end of his life, what remained of the affection and esteem of his own subjects. RISE OP SOMERSET. Except during sessions of parliament, the history of this reign may more properly be called the history of the court than that of the nation. An interesting ob- ject had, for some years, engaged the attention of the court : it was a favourite, and one beloved by James with so profuse and unlimited an affection, as left no room for any rival or competitor. About the end of the year 1C09, Robert Carre, a youth of twenty years of age, and of a good family in Scotland, arrived in London, after having passed some time in his travels. All his natural accomplishments consisted in good looks: all his acquired abilities in an easy air and graceful demeanour. He had letters of recommendation to his countryman, lord Hay ; and that nobleman no sooner cast his eye upon him, than he discovered talents suili- cient to entitle him immediately to make a great figure in the government. Apprized of the king's passion fur youth and beauty, and exterior appearance, he studicil liow matlere might be so managed that this new objci t should make the strongest impression upon him. Without mentioning him at court, he assigned hira the office, at a match at tilting, of presenting to the king his buckler and device; and hoped that he woid 1 attract (lie attention of the moiuucli. Fortune provi d favourable to his design, by an incident which bore at first a contrary aspect. When Carre was advancing lo execute his office, his unruly horse flung him, and broke his leg in the king's presence. James approached him with pity and concern : love and affection arose on tho sight of his beauty and tender years; and tiio prince ordered him immediately to be lotlged in the palace, and to be carefully attended. He himself, after tho tilting, paid him a visit in his chamber, and frequently returned during his confinement. The ignorance and simplicity of the boy finished the conquest begun by his exterior graces and accomplishments. Other princes having been fond of choosing their favourites from among the lower ranks of their subjects, and have re- posed themselves on them with the ipore unreserved 668 THE HISTORY OF ENGLAND. [Chap. XLVfl. confi'lenco and nffoclion, because the olijcct lia.l been beholden to tlicir bounty for every lionour and acquisi- tion : James was i!esiro\is that bis iavouiite should also derive from him all his souse, experience, and kuowled-je. lli^'lily eoneeited of bis own wisdom, be pleased himself with tbefaney that this raw youth, by his lessons and instructions, would, in a little lime, be equal to his sagest ministers, and be initiated into all the profound mysteries of government, on which he set so high a value. And as this kind of creation was more perfectly bis own work th.in any other, be seems to have indulged an unlimited fondness for bis minion, beyond even that whieb be bore to bis own children. He soon knighted him, created him viscoant Ko- cbester, gave him the garter, brought him into the privy-council, aiul though, at first, without assigning him'anv particular office, bestowed on him the su- preme direction of all his business and political con- cerns. Agreeable to this rapid advancement in con- fidence and honour, were the riches heaped upon the needy favourite; and while Salisbury and all the wisest ministers could scarcely find expedients suffi- cient to keep in motion the overburdened machine of government, James, with unsparing hand, loaded with treasures this insignilicant and useless pageant. It is said, that the king found bis pupil so ill edu- cated, as to be ignorant even of the lowest rudiments of the Latin tongue ; and tliat the monarch, laying aside the sceptre, took tlio birch into his royal hand, and instructed him in the principles of grammar. Dur- ing the intervals of this noble occup.ation, affairs of state would be introduced ; and the stripling, by the ascendant wliich be liad acquired, w.as now enabled to repay in political, what be had received in gramma- tical, instruction. Such scenes and such incidents are the more ridiculous, though the less odious, as the passion of James seems not to have contained in it anytliing criminal or flagitious. History charges her- self willingly with a relation of the great crimes, and still more with that of the great virtues of mankind ; but she appears to fall from her dignity, when necessi- tated to dwell on such frivolous events and ignoble personages. The favonrite was not, at first, so intoxicated with adv.ancement, as not to be sensible of bis own ignorance and inexperience. lie had resource to the assistance and advice of a friend ; and he was more fortunate in his choice than is usual with such pampered minions. In sir Thomas Overbury he met with a judicious and sincere counsellor, who, building all hopes of bis own preferment on that of the young favourite, endeavoured to instil into him the principles of prudence and dis- cretion. By zealously serving everybody, Carre was taught to abate the envy which might attend liis sudden elevation : by showing a preference for the English, he learned to escape the prejudices which prevailed against his country. And so long as lie was content to be ruled by Overbury's friendly councils, be enjoyed, what is rare, the highest favour of the prince, without being hated by the people. To complete the measure of courtly happiness, nought was wanting but a kind mistress ; and, where high fortune concurred with all the graces of youth and beauty, this circumstance could not be difficult to att.ain. 15ut it was here that the favourite met with that rock on which all bis fortunes were wrecked, and which plunged him for ever into an abyss of infamy, guilt, and misery. No sooner bad James mounted the throne of Eng- land, than he remembered his friendship for the unfor- tunate families of Howard and Devereux, who had suffered for their attachment to the cause of Mary and to his own. Having restored young Essex to bis blood and dignity, and conferred the titles of Snft'jlk and Nortliani]itoii on two brothers of the house of Norfolk, be sought the further pleasure of uniting these families by the marriage of the earl of Essex with lady Francis Howard, danghtev of tlio earl of SuflTolk. She was ouiy thirteen, he fourteen years of age ; and it was thought Jiroper, till both should attain the age of puberty, that he should go abroad and pass some time in bis travels. He returned into England after four years' absence, and was jdeased to find his countess in the full lustre of beauty, and possessed of the love and admiration of the whole court. But, when the earl api)roacbcd and claimed the privileges of a husband, he met with nothing but SJ^nptoms of aversion and disgust, and a flat refusal of any further familiarities. He ap])lied to her p.arents, who con- strained her to attend him into the country, and to par- take of his bed : but nothing could overcome her rigid sullonncss and obstinacy ; and she still rose from his side, without having shared the nuptial pleasures. Disgusted with reiterated denials, he at last gave over the pursuit, and separating himself from her, thence- forth abandoued lier conduct to her own will and discretion. Such coldness and aversion in Lady Essex arose not without an .attachment to another object. The fa vourite bad opened his addresses, and liad been too sueeessful in making impression on the tender heart of the youug countess. She imagined that, so long as she refused the embraces of Essex, she never could be deemed his wife ; and that a separation and divorce might still open the way for a new marriage with her beloved Rochester. Though their passion was so vio- lent, and their opportunities of intercourse so frequent, tb.at they bad already indulged themselves in all the gratificationsof love, they still lamented their unhappy fate, while the union between them was not entire and indissoluble. And the lover, as well as his mistress, was impatient, till their mutual ardour should be crowned by marriage. So momentous an affair eculd not be concluded without consulting Overbury, with whom Rochester was accustomed to share all bis secrets. While that faithful friend had considered bis patron's atf.achment to the countess of b'ssex merely as an affiiir of gal- lantry, he bad favoured its progress ; and it was partly owing to the ingenious and passionate letters which he dictated, that Rochester had met with such success in his addresses. Like an e.xperienced courtier, he thought that a conquest of this nature would throw a lustre on the young favourite, and would tend still further to endear him to James, who was charmed to hear of the amours of his court, and listened with attention to every tale of gallantry. But great was Overbury's alarm, when Rochester mentioned bis de- sign of marrying the countess ; and be used every method to dissuade bis friend from so foolish an attempt. He represented bow invidious, how difficult an enterprise to procure her a divorce from her hus- band, how dangerous, bow .shameful, to take into his own bed a ju-ofligate woman, who, being married to a young nobleman of the first rank, had not scrupled to prostitute her character, and to bestow' favours on the object of a capricious and momentary passion. And, in the zeal of friendship, he went so far as to threaten Rochester, that he would separate' liimself for ever from him, if be could so far forget bis honour and his interest as to prosecute the intended marriage. Rochester had the weakness to reveal tins conversa. tion to the countess of Essex ; and when her rage and fury broke out against Overbury, he had also the weakness to enter into her vindictive ju-ojects, and to swear vengeance against his friend, lor the utmost instance which he could receive of his faithful friend- ship. Some contrivance was necessary for the execu- tion of their purpose. Rochester addressed himself to the king ; and after complaining, that his own indulg- ence to Overbury had begotten in him a degree of arrogance, which was extremely disagreeable, he pro- cured a commission for bis embassy to Russia ; which he represented as a retreat for bis friend, both profit- ,ablo and honourable. When consulted by Overbuiy I ho earnestly dissuaded him from accepting this ofler, Chap Xl.VlI.] JAMF.S I. 1603— les.'j. .569 r.oci took on himself tlic office of satisfying tlie king, if ho sliouki bo anywise displeased with the refusal. 'J"o the Uinj; apain he aggravated the insolence of Over- hury's conduct, and obtained a warrant (21st April) for eonmiitting hiir to the Tower, which James in- tended as a slight punishment for his disobedience. The lieutenant of the Toner was a creature of Roches- tor's, and had lately been put into the office forth is very purpose : he confined Overhury so strictly, that the unlia|ipy prisoner was debarred the sight even of his nearest relations ; and no communication of any kind was allowed with him, during near six months which he lived in prison. 'J'liis obstacle being removed, the lovers pursued their purpose; and the king himself, forgetting the dignity of his character, and his friend^liiji for the family of K.ssex, entered zealously into the ])roject of procuring the. countess a divorce from her husliand. J'-sspX also embraced the opportunity of separating himself from a bad woman, by whom he was hated ; and he was willing to favour their success by any honoui-ablc expedient. The pretence for a divorce was his incapacity to fulfil the conjugal duties ; and he confessed, that, with regard to the countess, he " a.s conscious of such an infirmity, though he was not sensible of it with regard to any other woman. In her jilace too, it is said, a young virgin was substituted under a mask, to imdergo a legal inspection by a jury of matrons. Alter .such a trial, seconded by court- influence, and supported by the ridiculous opinion of fascination or witchcraft, the sentence of divorce was jironounced between the earl of Essex and his count- ess. And, to crown the scene, the king, solicitous lest the lady should lose any rank by her new marriage, bestowed on his minion the title of earl of Somerset. OVEREURY POISONED. Scpleinbcr IC. Notwithstanding this success, the countess of Somer- ret w.is not satisfied, till she shoidd further satiate her rrvenge on Overhury; and she engaged her husband, as well as her nnde, the earl of Northampton, in the atrocious design of taking him oft" secretly by poison. Fruitless attempts were reiterated by weak [loisons ; but, at last, they gave him one so sudden and violent, that the symptoms were apparent to every one who approached him. His interment was hurried on with the greatest precipitation ; and though a strong sus- jdcion immediately prevailed in the public, the full jiroof of the crime was not brought to light till some years after. The fatal catastrophe of Overhury increased or begot the suspicion, that the prince of Wales had been carried off by ]ioison given him by Somerset. Men considered not, that the contrary inference was much juster. It Somersi't was so great a novice in this de- testable art, that, during the course of five months, a man who was his prisoner, and attended by none but his emissaries, could not be dispatched but in so bung- ling a manner ; how could it be imagined that a young piince, living in his own court, surrounded by his own friends and domestics, could be exposed to Somerset's attempts, and bo taken otf by so subtle a poi,s(m, if such a one exist, as could elude the skill of the most oxpf rieneed physicians ? The ablest minister that James ever possessed, the earl of Salisbury, was dead : * Suffolk, a man of slender capacity, had succeeded him in his office ; and it was now his task to supply, from an exhausted treasury, the profusion of .lames and of his young favourite. The title of baronet, invented by Salisbury, was sold ; aid two hundred patents of that species of knighthood were dis]iose' tvas lonu'Wliat mistaken in tliii fact ; and if tiic kings were not often refused sup- ply by tile parliament, it was only beeause thev would not often expos* tliciii- selvis to the h;;zar(i of beioK rvlused; but itisccrtain that F.nftlUh railia- meiits (lidaneientiy iarr>- tlitir frug.llity to an cxtivnie, ai'd seldcin. could ba prevailed upon to give the necessary support to guvtriuiicnt. 4D 5;o THE HISTORY OF ENGLAND [Chap. XLVII. Neile, bishop of Lincoln, rcflocling on the lower house, be;;at sonic altei-cation witli tlie peers ; [See note 5 I, at the eua of this Vul.] anil the king seized tlie opportunity of dissolving immediately, (Ctli June,) with great indignation, a parliament which had shown so firm a resolution of retrenching his prerogative, without communicating, in return, the smallest suiii)Iy to his necessities, lie caiTied his resentment so far as even to throw into ))rison some of the members, who had been the most forward in their opposition to his measures. In vain did he plead, in excuse for his \-iolence, the example of Elizabeth and other princes of the lino of Tudor, as well as riantagenet. The people and the parliament, without abandoning for ever all their liberties and privileges, could acquiesce in none of these precedents, how aucient and frcfjnent soever. And were the authority of such precedents admitted, the ntmost that can be inferred is, that the constitution of Kngland was, at that time, an incon- sistent fabric, whose jarring and discordant parts must soon destroy each other, .ind from the dissulution of the old, beget some new form of civil government more uniform and consistent. In the pubbc and avowed conduct of the Icing and the house of commons, throughout this whole reign, there appears sufficient cause of quarrel and mutual disgust ; yet are wc not to imagine, that this was the sole foundation of that jealousy which prevailed be- tween them. During debates in the bouse, it often happened, that a particular member, more ardent and zealous than the rest, would display the highest senti- ments of liberty, which the commons contented them- selves to hear with silence and seeming approbation ; and the king, informed of these harangues, concluded the whole house to be infected with the same princi- ples, .ind to be engaged in a combination .igainst his prerogative. The king, on the other hand, though be valued himself extremely on his king-craft, and per- haps was not altogelbcr incapable of dissimulation, seems to have been very little endowed with the gift of secrecy; but openly at his table, in all companies, inculcated those monarchical tenets which he bad so strongly imbibed, Before a numerous audience, he had expressed himself with great disp.aragement of tlio common law of England, and had given the preference, in the strongest terms, to the civil law : and for this indiscretion he found himself obliged to apologize in a speech to the former parliament. As a specimen of his usual liberty of talk, we may mention a story, though it passed some time after, which we meet with in the life of Waller, and Avbich that poet used fre- quently to repeat. When Waller was young, be bad the curiosity to go to court ; and he stood in the circle, and saw James dine ; where, among other company, there sat at table two bishops, Neile and Andrews. The king proposed aloud this question, ■whether he might not take liis subjects' money when he needed it, without all this formality of parliament ? Neile re- plied, " God forbid you should not ; for you arc the breath of our nostrils." Andrews declined answering, and said, he was not skilled iu parliamentary cases ; but upon the king's urging him, and saying he would admit of no evasion, the bishop replied pleasantly, "Why then I think your majesty may lawfully take my brother Neile's money, for he offers it." SOJIERSET'S FALL. 1015. The favourite had hitherto escaped the inquiry of justice ; but he had not escaped that still voice which can make itself be beard ainidst all the hurry and flattery of a com-t, and astonishes the criminal with a just representation of his most secret enormities. Conscious of the murder of bis friend, Somerset re- ceived small consolation from the enjoyments of love, or the ntmost kindness and indulgence of his sove- raign. The graces of hir youth gradually disapiieared, the eaicty of his manneni was obscured his politeness and obliging behaviour were c'nanged into sullenneea and silence. And tlie king, whose affections had beeu engaged by these sui)erficial accomplishments, began to estrange himself from a man who no longer con- tributed to his amusement. I'he sagacious courtiers observed the first symptomB of this disgust : Somerset's enemies seized the oppor- tunity, and ofiered a new minion to the king. George Villicrs, ayouth of oueand-twenty, younger brotlierof a good family, returned at this time from his travels, and was remarked for the advantages of a handsomeperson, genteel air, and fashionable apparel. At a comedy lie V as purposely iilaced full in James's eye, and imme- diately engaged the attention, and, in the same instant, the affections of that monarch. Ashamed of his sudden attachment, the king endeavoured, but in vain, to con- ceal the partiality which he felt for the handsome stranger; and he employed all Ids profound politics to fi.x him in his senice, without seeming to desire it. He declared his resolution not to confer any office on him, unless entreated by the queen ; and ho pretended, that it should only be in complaisance to her choice he would agree to admit him near his person. The queen was immediately apjdied to ; but she, well knowing the extreme to which the king carried these attach- ments, refused, at first, to lend her countenance to this new passion. It was not till entreated by Abbot, archbishop of Canterbury, a decent prelate, and one much prejudiced against Somerset, that she would condescend to oblige her husband, bj' asking this favour of him. And the king, thinking now that all appear- ances were fully saved, no longer constrained his affec- tion, but immediately bestowed the office of cup-bearei on young Villicrs. The whole court was thrown into parties between the two minions: while some endeavoured to advance the rising fortune of Villicrs, others deemed it safer to adhere to the established ciedit of Somerset. The king himself, divided between inclination and decorum, in- creased the doubt and ambiguity of the courtiers : and tlie stern jealousy of the old favourite, who refused every advance of friendship from bis rival, begat per- petual quarrels between their several partisans. But the discovery of Somerset's guilt in the murder of Overbury at last decided the controversy, and exposed him to the ruin and infamy which be so well merited. An apothecary's apprentice, wlio had been emjiloyed in making up the poisons, having retired to Flushing, began to talk very freely of the whole secret ; and the affair at last came to the ears of Trumbal, the king's envoy in the Low Countries. By bis means, sir Raljdi Winwood, secretary of state, was informed, and he immediately carried the intelligence to James. The king, alarmed and astonished to find such enormous guilt in a man whom he had admitted into his bosom, sent for sir Edward Coke, chief-justice, and earnestly recommended to liim the most rigorouj and unbiassed scrutiny. This injunction was executed with great in- dustry and severity : the whole labyrinth of guilt was carefully unravelled : the lesser criminals, sir Jervis Elvis, lieutenant of the Tower, Franklin, Weston, Sirs. Turner, were first tried and condemned : Somerset and his countess were afterwards found gtiilty: North- ampton's death, a little before, bad saved him from a like fate. It may not bo unworthy of remark, that Coke, on the trial of Sirs. Turner, told her that she was guilty of the seven deadly sins: she was a whore, a bawd, a sorcerer, a witch, a papist, a felon, and a murderer. And, what may more surprise us. Bacon, then attorney- general, took care to observe, that poisoning was a popish trick. Such were the bigoted jirejudices which jirevailed : poisoning was not, of itself, sufficiently odi- ous, if it were not represented as a branch of popery. Stowe tells us, that when the king came to Newcastle, on his first entry into luigland, he gave liberty to all the prisoners, except those who were confined for trea- son, murder, a,\\A papistry. When one considers these Chap. XLVII.] JAMES I. 1603— 1C25. 371 circumstances, the wild bigotry of the catholics which broke out in tlie gunpowder conspiracy, appears tho \ct,s surprising. All the accomplices in Overbury's murder received the puniahnKiit duo to their crime: but the king be- btowed u pardon on the principals, Somerset and the countess. It must he confessed, that James's fortitude had been highly laudable, had he persisted in his first intention of consigning over to severe justice all the crimin.ils : but let us still beware of blaming him too liai-shly, if, on tho approach of the fatal hour, he scru- pled to deliver into tho hands of the executioner, per- sons whom he had once favoured with his most tender aflections. To soften tho rigour of their fate, after some years imprisonment, ho restored them to their liberty, and conferred on them a pension, with which they retired, and languished out old age in infamy and obscurity. Their guilty loves were turned into the most di'adly hatred ; and they passed many years to- gether in the same liouso, without any intercourse or correspondence with each other. Several historians, in relating these events, have in- ^stcd much on the dissimulation of James's behaviour, when ho delivered Somerset into the hands of the chief- justice ; on the insolent menaces of that criminal ; on Ills peremptory refusal to stand a trial ; and on the ex- treme anxiety of the king during the whole progress of this affair. Allowing all these circumstances to be true, of which some are suspicious, if not palpably false, the great remains of tenderness which James still felt for Somerset may, perhaps, be sufficient to account for them. That favourite was high spirited, and resolute rather to perish than live under the in- famy to which he was exposed. James was sensible that the jiardoning of so great a criminal, which was of itself invidious, would become still more unpopular, if his obstinate and stubborn behaviour on his trial sliould augment the public hatred .igainst him. At least, the unreserved confidence in which the king had indulged his favourite for several years, might render Somerset master of so many secrets, that it is impossible, with- out further light, to assign the particular reason of that superiority, which, it is said, he ajipeared so much to assume. niSE OF BUCKINGHAM. The fall of Somerset, and his banishment from court, opened the way for Villiers to mount up at once to the lull height of favour, of lionouis, and of riches. Had James's passion been governed by common rules of prudence, the ofiice of cup-bearer would have attached Villiei's to his person, and might well have contented one of his age and family ; nor would any one, who w.is not cynically austere, have much censured the sin- gularity of the king's choice in his friends and favour- ites. But such advancement was far inferior to the fortune which he intended for his minion. In the course of a few years ho created him viscount Villiers, carl, marquis, and duke of Buckiugh.im, knight of the garter, master of the horse, chief-justice in eyre, war- den of the cinque-ports, master of the king'sbench office, steward of Westminster, constable of AVindsor, and lord-high-admiriil of England. His mother ob- tained the title of countess of Buckingham ; his brother was created viscount I'urbeck ; and a numerous train of needy relations were all pushed up into credit and authority. And thus the fond prince, while he meant to play the tutor to his favourite, and to train liim uj) in the rules of prudence and politics, took an infallible method, by loading him with premature and exorbitant honours, to render him, for ever, rash, precipitate, and insolent. IGIG. A young miuiou to gia!ify with ple.isure, a ne- cessitous family to supply with riches, were enterprises too great for tlie empty exchequer of James. In order to obtain a little money, the c.iutionary towns must bo delivered up to the Dutch ; a me.isure which has been Ecvercly blamed by almost all historians ; aud I may venture to affirm, that it has been censured ranch be- yond its real weigiit and importouce, CAUTIONARY TOWNS DELIVEUKO. When queen Elizabeth advanced money for the sup- port of the infant republic, besides the view of securing liei-self against the power and ambition of Spain, she still reserved the prospect of reimbursement ; and she got consigned into her hands the three important for- tresses of Flushing, the Brille, and Hammekin.s, as pledges for the money due to her. Indulgent to the necessitous condition of tho States, she agreed that the debt should bear no interest ; and she stipulated, that if ever England should ma'Ke a separate peace with Spain, she should pay the troops which garrisoned those fortresses. After the truce was concluded between Spain and the United Provinces, the States made an agreement with the king, that the debt, which then amounted to 800,000 jiounds, should be discharged by yearly pay- ments of 40,000 pounds ; and as five years had elapsed, the debt was now reduced to G00,000 pounds ; and in fifteen years more, if the truce were renewed, it would be finally extinguished. But of this sum, 20,000 pounds a-year were expended on the pay of the garrisons: the remainder alone accrued to tlie king: and the States, i weighing these circumstances, thonglit, that they made James a veiT advantageous offer, when they expressed their willingness, on the surrender of the cautionary towns, to pay him immediately 250,000 pounds, and to incorjiorate the English garrisons in their aiiuy. It oc- curred also to the king, that even the payment of the 40,000 pounds a year was precarious, and depended on the accident that the truce should be renewed between Spain and the republic : if war broke out, the mainte- nance of the garrisons lay upon iMigland alone; a bur- den very useless, and too heavy for the slender revenues of that kingdom : that even during the truce, the Dutch, straitened by other expenses, were far from being regu- lar in their payments ; and the garrisons were at present in danger of mutinying for want of subsistence : that the annual sum of 14,000 poiimls, the whole saving on the Dutch payments, amounted, in fifteen years, to no more than 210,000 pounds ; whereas 250,()00 pounds Mere offered immediately, a larger sum, and if money be computed at ten percent, the current interest, more than double the sum to which England was entitled :* that if James waited till the whole debt were dis- charged, the troo]is, which coni])Osed the garrisons, re- mained a burden upon him, and could not be broken, without receiving some consideration for their past services: that tho cautionary towns were only a tem- porary restraint upon the Hollanders ; and, in the pre- sent emergence, the conjunction of interest between England and the republic was so intimate .is to render all other tics superfluous; and no reasonable measures for mutual su])port would bo wanting from the Dutch, even though freed from the dependence of these gam- sons : that the exchequer of the republic was at pre- sent very low, insomuch that they found difficulty, now that the aids of Franco were withdrawn, to main- tain themselves in that posture of defence which was requisite during the truce with Spain : and that tho Spaniards were perpetually insisting with tho king on the restitution of these towns, as belonging to their crown ; and no cordial alliance could ever be made with that nation, while they remained in the hands of the English. These reasons, together with hia urgent wants,induced the king to accept of Caron's offer ; and ho evacuated the cautionary towns, (Cth June,) which held tho States in a degree of subjection, and which au ambitious and enterprising prince would have regarded • An annuity of IJ.nj-O pounds during fiftt-n years, money Itcitio: at ten p»r c«ni. i« wrinh, on omt'utation, onU- li^.-lnit (lountU. whcrcai the kinii nv ceiveri i>'.UN». Yet the Iwrna.ii w.is good for the Dutch, as wdl as the kiiij, because (hey were buth of them freed from the mainttnancc of uaclr^ garriaons 672 THl:: HISTORY OF ENGLAND. iCmr. XI.VII 08 Us most valuable jiossessions. Tliis is the date of the lull liberty of the Diitcli cominoinvoalth. AFFAIRS OF SCOTLAND. 1G17. When the crown of England devolved on James, it miMit have bfcn foreseen by the Scottish nation, that the indopcndenec of their kingdom, the object tor wliieli their ancestors liad shed so mnch blood, would now be lost; and that, if both st.ites persevered in maintaining separate laws and parliaments, the weaker would more sensibly feel the sulijoction, than if it had been totally subdued by force of arms. But these views did not generally occur. The glory of having given a sovereign to their powerful enemy, theadvantages of present peace and tranqiiillity, the riches acquired from the munifi- cence of tlieir master; these consideration.s secured their dutiful obedience to a prince, who daily gave such sensible proofs of his friendship and partiality towards them. Never had the authority of any king, who re- sided among them, been so iirmly established as was that of James, even when absent; and as the adminis- tration had been hitherto conducted with great order .•\nd tranquillity, there had happened no occurrence to draw thitlier our attention. But this summer, tlie ];ing was resolved to pay a visit to his native country, in order to renew his ancient friendships and connex- ions, and to introduce that change of ecclesiastical discipline and government, on which he was extremely intent. The three chief points of this kind, which James proposed to accomplish by his journey to Scot- land, were, the enlarging of episcopal authority, the establishing of a few ceremonies in public worship, and the fixing of a superiority in the civil above the ecclesi- astical jurisdiction. But it is an observation suggested by all history, and by none more than by that of James and his successor, that the religions spirit, when it mingles with faction, contains in it something supernatural and unaccount- able ; and that, in its operations upon society, effects corres])ond loss to their known causes than is found in any other circumstance of government : a reflection which niay, at once, afford a source of blame against such sovereigns as lightly innovate in so dangerous an article, and of apology for such as, being engaged in nn enterprise of that nature, are disappointed of the expected event, and fail in their undertakings. When the Scottish nation was first seized with that zeal for reformation, which, though it caused such dis- turbance during the time, has proved so salutary in the consequences, the preachers, assuming a character little inferior to the prophetic or apostolical, disdained all subjection to the spiritual rulers of tlie church, by whom their innovations were punished and opposed. T!ie revenues of the dignified clergy, no longer con- sidered as sacred, Avere either appropriated by the pre- sent possessors, or seized by the more powerful baions; and what remained, after mighty dilapidations, was, by act of parliament, annexed to the crown. The prelates however, and abbots, maintained their temporal juris- dictions and their seats in parliament; and though laymen were sometimes endowed Avith ecclesiastical titles, the church, notwithstanding its frequent protes- tations to tlie contrary, was still supposed to be repre- sented by those spiritual lords, in the states of the kingdom. After n.any struggles, the king, even before his accession to tlie tlirone of England, had acquired sufficient influence over the Scottish clergj' to e.xtort from tliein an acknowledgment of the ])ai'li.amentary jsinsdiction of bishops; though attended with many j)rocautions, in order to secure themselves against the spiritual encroachments of that order. * AVIien king of England, be engaged them, though still witli great reluctance on their jiart, to advance a step further, and to receive the bishops as perpetu.al jircsidents or moderators in their ecclesia-stical .synods; reiterating fclu'lr protestation.'? against all spiritual jurisdictions of • In M'M. the prelates, and all controlling power over the pres- byters." And by such gradual innovations, the Icing flattered himself, that he should quietly introduce episcopal authority : but as his final scope was fully seen from the beginning, eveiy new advance gave fresh occasion of discontent, and aggravated, instead of soft- ening, the abhorrence entertained against the prelacy. What rendered the king's aim more apparent were the endeavours, which, at the same time, be used to introduce into Scotland some cf the ceremonies of the cliureh of England : the rest, it was easily foreseen, would soon follow. The fire of devotion, excited by novelty, and enflamed by opposition, had so possessed the minds of the Scottish reformers, that all rites and ornaments, and even order of worship, were disdainfully rejected as useless burdens ; retarding the imagination in its rapturous ecstasies, and cramping the operations of that Divine Spirit, by which they supposed them- selves to be animated. A mode of worship was estab- lished, the most naked .and most simple imagin.able ; one that borrowed notliing from tlie senses, but re- posed itself entirely on the contemplation of that di- vine essence, which discovers itself to the under- standing only. This species of devotion, so worthy of the Supreme Being, but so little suitable to human fiailty, was observed to occasion great disturbances in the bre.ost, and in many respects to confound .all ra- tional principles of conduct and behaviour. The mind, straining for these extraordinary raptures, reaching tliem by short glances, sinking again under its own weakness, rejecting all exterior aid of pomp and cere- mony, was so occupied in tliis inward life, that it fled from every intercourse of society, and from eveiy cheerful amusement, which could soften or humanize the character. It was obvious to .all discerning eyes, and had not escaped the king's, that, by the preva- lence of fanaticism, a gloomy and sullen disposition established itself among the people ; a spirit olistinato, and dangerous; independent and disorderly ; animated ecjually with a, contempt of authority, and a hatred to every otlier mode of religion, particularly to the catliolic. In order to mellow these humours, James endeavoured to infuse a small tincture of ceremony into the national worship, and to introduce such rites as might, in some degree, occupy the mind, and please the senses, with- out departing too far from that simplicity, by which tlie Reformation was distinguished. The finer arts too, though still rude in tliese northern kingdoms, were employed to adorn the churches ; and the king's chapel, in which an organ was erected, and some pic- tures and statues displayed, was proposed as a model to the rest of the nation. But music was grating to the prejudiced ears of the Scottish clergy; sculp- ture and p.ainting appeared instruments of idolatry ; tlie surplice was a rag of popery ; and every motion or gesture, prescribed b}' the lituigy, was a step towards that spiritual Babylon, so much the object of their horror and aversion. Everything was deemed impi- ous but their own mystical comments on the scriptures, which they idolized, and whose Eastern prophetic style tlicy employed in every common occurrence. It will not he necessary to give a particular account of the ceremonies which the king was so intent to estab- lish. Sucli institutions, for a time, are esteemed either too divine to have proceeded from tiny otlier being tlian the supreme Creator of the universe, or too dia- bolical to have been derived from any hut an infernal demon. But no sooner is the mode of the controversy past,tlian they are universally discovered to be of so iittle importance, as scarcely to be mentioned with de- cency amidst the ordinary course of human transac- tions. It suffices here to remark, that the rites intro- duced by James regarded the kneeling at tlie sacra- ment, private communion, private baptism, confirma- tion of children, and tlie observance of Christmas .and other festivals. The acts, establishing these ceremo- nies, were afterwards know by the name of the articles Chap. XI.VII.] JAMES I. 100:3-162.3. s^3 of Peitli, from the place where they wore ratified by tlio assembly. A conformity ofiliscipline ami worship between tlie churches of Enfjland and Scotland, whicli was James's aim, he never could hope to establish, but by first pro- cuiing an acknowledgment of his own authority in all spiritual causes ; and nothing could be more contrary to the practice as well as principles of the presbyterian clergy. The ecclesiastical courts possessed the power of pronouncing excommunication ; and that sentence, besides the spiritual consequences supposed to follow from it, was attended with immediate eft'ects of the most important nature. The person excommunicated was shunned by every one as profane and impious; and his whole estate, during his lifetime, and all his moveables, for ever, were forfeited to the crown. Nor were the previous steps, requisite before luonounciug this sentence, foi inal or regular, in pro])ortion to the weight of it. Without accuser, without summons, without trial, any ecclesiastical court, however infe- rior, sometimes pretended, in a summary manner, to denounce excommunication for any cause, and against any pei'son, even though he lived not within the bounds of their jurisdiction. And by this means the whole tyranny of the inquisition, though without its order, was introduced into the kingdom. But the clergy were not content with the unlimit- ed jurisdiction which they exercised in ecclesiastical matters : they assumed a censorial jiower over every part of administration; .and, in ail their sermons, and even prayers, mingling politics with religion, they incul- cated the most seditious and most turbulent principles. Black, minister of St. Andrews, went so far,*' in a ser- mon, as to pronounce all kings the devil's children; he gave the queen of Enghind the appellation of Athe- ist ; he said, that the treachery of the king's heart was now fully discovered; and in his prayers for the queen he used these words : " We must pray for her for the fashion's sake, but we liave no cause ; she will never do us any good." When sunmioned before the privy-coim- ciljherefused to answer to a civil court for any thing deli- vered from the pulpit, even though the crime of which he wasaccused was of aeivil nature. The church adopted his cause. They raised a sedition in Edinburgh.t The king, during some time, was in the hands of the en- raged populace ; and it was not without courage, as well as dexterity, that he was able to extricate himself. A few days after, a minister, preaching in the principal church of that capital, said, that the king was possessed with a devil ; and, that one devil being expelled, seven worse h.ad entered in his place. To which lie added, that the subjects might lawfully rise, and take the Bword out of his hand. Scarcely, even during the darkest night of papal superstition, are there found such instances of priestly encroachments, as the annals of Scotland present to us during that period. By these extravagant stretches of power, and by the patient conduct of James, the church began to lose ground, even before the king's accession to the throne of England : but no sooner had that event taken place, than he made the Scottish clergy sensible, that lie was become the sovereign of a great kingdom, wliich he governed with great authority. Tliougli formerly he would have thought himself happy to have made a fair partition with them of the civil and ecclesiastical au- thority, he was now resolved to exert a supreme juris- diction in church as well as state, and to put an cud to theirseditious practices. An assembly had been sum- moned at Aberdeen : J but, on account of his journey to London, he prorogued it to the year following. Some of the clergy; disavowing his ecclesiastical supremacy, mot at the time first appointed, notwithstanding his prohibition. lie threw them into prison. Such of them as submitted, and acknowledged their error, were pardoned. The rest were brought to their trial. They « In IS*. * l/th DcccuilK-r, liX. ; July, yin. them their lives; but banished them the kingdom, Si:^ of them suflered this penalty. The general assembly was afterwards induced * to acknowledge the king's authority in summoning eccle- si.astieal courts, and to submit to the jurisdiction and visitation of the bishops. Even their favourite sen- tence of excommunication w.is declared invalid, unless confirmed by the ordinary. The king recommended to the inferior courts the members whom they should elect to this assembly ; and everything was conducted in it with little appearance of choice and liberty. liy his own prerogative likewise, which he seems to have stretched on this ocrasion, the king erected a court of high commission, f in imitation of that which was established in England. The bishops and a few of the clergy, who had been summoned, willingly ac- knowledged this court; and it proceeded immediately upon business, as if its authority h.ad been grounded on the full consent of the whole legislature. But .Tames reserved the final blow for the time when he should himself pay a visit to Scotland. lie proposed to the parliament, (13th June,) which was then assem- bled, that they should enact, that, "whatever his ma- jesty should determine in the external government oi the church, with the con.sent of the archbishops, bishops, aud a competent number of the ministry, should liavo the foice of law. What number shoidd be deemed competent was not determined ; and their nomination w-as left entirely to the king : so that his ecclesiastical .authority, had this bill passed, would have been estab- lished in its full extent. Some of the clergy protested. They apprehended, they said, that the purity of their church would, by means of this new authority, be pol- luted with all the rites and liturgy of the church of England. James, dreading clamour and opposition, dropped the bill, which had alieady jiassed the lords of .articles ; and .asserted, that the inherent prerogative of the crown contained more power than was recog- nised by it. Some time after, (10th July,) he called, at St. Andrews, a meeting of the bishops and thirty-.six of the most eminent clergy. He there declared his resolution of exerting his prerogative, and of establish- ing, by his own authority, the few ceremonies which he had recommended to them. They entreated him rather to summon a general assembly. An assembly was accordingly summoned to meet on the 25th of November ensuing. Yet this assembly, wliich met after the king's depar- ture from Scotland, eluded all his applications : and it w.as not till the subsequent year, that he was able to pro- cure a vote for receiving his ceremonies. Aud through every step of this .affair, in the parliament as well as in all the genera! assemblies, the nation betrayed the ut- 7nost reluctance to all these innovations; and nothing but .James's importunity and authority had extorted a seeming consent, which was belied by the inward sen- timents of .all ranks of people. Even the few, over whom religious prejudices were not prevalent, thought national honour sacrificed by a servile imitation of the modes of worship practised in England. And every prudent man .agreed in condemning the measures of the king, who, by an ill-timed zeal for insignificanf ceremonies, had betrayed, though in an opposite man- ner, equal narrowness of mind with the persons whom he treated with such contempt. It was judged, th;.t, h.ad not these dangerous humours been irritated l.y opposition ; had they been allowed peaceably to eva- ))orate; they would at least have subsided within the limits of law aud civil .authority : and that as all fa- natical religions n.aturally circumscribe to very luii- row bounds the numbers and riches of the ecclesiastics ; no sooner is their tiist fire spent, than they lose their credit over the people, and leave them under the natu- ral and beneficent inHuence of their civil and moiul obligations. At the same time that James shoclced, iu ao vioii:it • 'Jl\ Jurr, ICIU 1 15tll l\VrTif.rv, 1619. 674 THE HISTORY OF ENGLAND. Chap. XLVIII tt manner, the religious principles of liis Scottish sub- jects, lie acted iu opposition to those of his Englisli. lie had ohserved, iu his progress thiougii England, that a judicial oh.scrvauco of tlio Sunday, chiefly by incaus of the puritans, was every day gaining ground throughout tlio kingdom; and that the people, under colour of religion, were, contrary to former practices, debarred sucli sports and rccications as contributed both to their health and their amusement. Festivals, which, in other nations and ages, are partly dedicated to public worship, partly to mirth and society, were hero totally appropriated to the cfiices of religion, and served to nourish those sullen and gloomy contempla- tions, to which the people were, of themselves, so nn- fortuuatcly subject. 'J'he king imagined, tliat it would be easy to infuse cheerfulness into this dark spiiit of devotion. He issued a proclanuition to allow and en- courage, after divine service, all kinds of lawful games and exercises ; and, by his authority, he endeavoured to give sanction to a practice which his subjects regarded as the utmost instance of profaueuess and impiety.* CU AFTER XLVril. Sfr Walter Haleigh's Expedition His Execution Insurrection in mia i-035 of the ralatinatc- — Ne^ociations with S)iain A ] 1 in nolie- jVet'ociations with biiain A Parlia- ment Parties Kail of Kacon Uupture between the King and the Commons Protestations of the Commons. SIR WALTER RALEIGH'S EXPEDITION. 1G18. VT the time when sir Walter Raleigh was first con- lined in the Tower, his violent and haughty temper liad rendered him the most unpopular nuiu in Eng- land ; and his condemnation was chiefly owing to that public odium under which ho laboured. During the thirteen years' imprisonment which he suft'ercd, the sentiments of the nation were much changed with re- gard to him. Men had leisure to reflect on tlie hard- sliip, not to say injustice, of his sentence ; they pitied his active and enterprising sjiirit, which languished in the rigours of confinement ; they were struck with the extensive genius of the man, who, being educated amidst naval and military enterprises, had surpassed, in tlie pursuits of literature, even those of the most recluse and sedentary lives ; and they admired his un- broken magnanimity, which, at his age, and under his circumstances, could engage him to undertake and execute so great a work as his History of ihe World. To increase these favourable dispositions, on which he built the hopes of recovering his liberty, he spread the report of a golden mine, which he had discovered in Guiana, and which was sufiicient, according to his repre- sentation, not only to enrich all the adventurers, but to alibrd immense treasures to the nation. The king gave little credit to these mighty promises, both because he believed tliat no such mine as the one described was anywhere iu nature, and because he considered Raleigh as a man of desperate fortunes, whose business it was, by any means, to procure his freedom, and to reinstate hnnself in credit and authority. Thinking, however, that ho had already undergone sufficient punislmieut, he released him from tlie Tower; and when his vaunts of the golden mine had induced multitudes to engage with him, tlie king gave them permission to try the adventure, and, at their desire, he conferred on Raleigli authority over his fellow-adventurers. Though strongly • Fninklyn, p. 3\. To show how ilgid the English, cliidly the piintans, were I.LCmiH- :n tills innicular. a Mil ivns liitroduml into the hoi.sc nf eura- mons, in tnc IHth of the kiny, for the more strict observance of the Sunday, which triey alTccted to call the Sabbath. One •■^hephel'd opposed this bill, ob- jcfcicdtotnc appellation of Sabhath as ituritfink.il. defended dancing hy the exwnple of David, attd seems even to have justified spons on that day. For thii profaneness he was c\ polled the house, bv the sugKcstion of Mr. Pyni. Tai house of ,ords opposed ^o far this piirilanieal Bpiiit of tl-.e eoinn-.uuj, tbat tJtMy proposed, ihattheapneilaiiod of SuWi^it/i sliomu be chtnst-d i.t*o t'tatjf Ibt: unxti r)ai/. Joum. 15, Ki February, 1620 ; 2y May, 10"21. solicited, he still refused to grant him a pardon, whicli seemed a natural consequence, when he was intrusted with power and command, liut James declared him- self still diflideut of Raleigh's intentions; and ho meant, he said, to reserve the former sentence, as a check upcLi his future behaviour. Raleigh well kuew, that it was far from the king's purpose to invade any of the Spanish setllements : lie therefore firmly denied that S])aiu had pl.inted any colonies on that part of the coast where his mine lay. When Gondoniar, the ambassador of that nation, alainied at ids preparations, carried complaints to the kinj;, Raleigh still protested tlieinnocenccof his inten- tions ; and James assured Gondomar, that he durst not form any hostile attempt, but should pay with his head for so audacious an enterprise. The minister, however, concluding that twelve aimed vessels weie not fitted out without some purjjose of invasion, conveyed the intelligence to the court of Jladrid, who immediately gave orders for arming and fortifying all their settle- ments, particularly those along the co.ast of Guiana. When the courage and avarice of the Spaniards and Portuguese had discovered so many new worlds, they were resolved to show themselves superior to the bar- barous heathens whom they iu\aded, not only iu arts and arms, but also in the justice of the quarrel : they .applied to Alexander VI., who then filled the papal cliair ; and he generously bestowed on the Spaniards the whole Avestern, and on the Portuguese the whole eastern part of the globe. The more scrupulous pro- testauts, who acknowledged not the authority of the Roman pontiff, established the first discovery as the foundation of Iheir title ; and if a pirate or sea adven- turer of their nation had but erected a stick or a stone on the coast, as a memorial of his taking possession, they concluded the whole continent to belong to them, and thought themselves entitled to expel or extermi- nate, as usui-pers, the ancient possessors and inhabit- ants. It was in this manner that sir Walter Raleigh, r.bout twenty-three years before, had acquired to the crown of England a claim to the continent of Guiana, a region as large as the half of Europe ; and though he had immediately left the co.ast, yet he pretended that the English title to the wliolo remained certain and iudefeisible. But it had h.appened, iu the meantime, that the Spaniards, not knowing, or not acknowledging this imaginary claim, had taken possession of a part of Guiana, had formed a settlement on the river Oro- nooko, had built a little town called St. Thomas, and were there working some mines of small value. To this place Raleigh directly bent his course ; and, remaining himself at the mouth of the river with five of the largest ships, he sent up the rest to St. Thomas, under the command of his son, and a captain Keyniis, a person entirely devoted to him. The Spaniards, who had expected this inv.asion, fiiedon theKiiglishat their landing, were repulsed, and pursued into the town. Young Raleigh, to cncouiage his men, called out, "That this was the true mine, and none but fools looked for any otlier ; " and advancing upon the Spaniards, received a shot, of which he immediately expired. This dismayed not Keymis and the others. They cairied on the at- tack ; got possession of tlie town, which they after- wards reduced to ashes ; and found not in it anything of value. Raleigh did not pretend, that ho had himself seen the mine, which he had engaged so many }icople to go in quest of : it was Keymis, he said, who had formerly discovered it, and had brought him that lump of ore, which promised such immense treasures ; yi't Keymis, who owned that he was within two hours' march of the place, refused, on the most absurd pretences, to take any effectual step towards finding it ; and he returned immediately to Raleigh, with the melancholy news of his son's death, and the ill success of the enterprise. Sensible to repro.ach, and dreading' punishment for his behavioui', Keymis, in desjiair, retired into his cabin, and put an end to his own life. Chap. XLVIII.] JAMES I. 1(!03— 162/5. 675 The otlier adventurers now concludeJ, that they were deceived hy Raleigh ; thut lie never had known of any such mine as he pretended to go in search of; that his intention had ever heen to plunder St . Thomas ; and having encouraged his company by the spoils of that place, to have thence proceeded to the invasion of the other Spanish settlements; that ho expected to repair his ruined fortunes by such daring enterprises; and that he trusted to the money ho should acquire, for making his peace with England ; or if that view failed hiin, th.at he purposed to retire into some other country, where his riclies wo\ild secure his retreat. The small acquisitions g.iined by the sack of St. Thomas, discouraged Haleigh's companions from enter- in" into these views ; though there were many circum- stances in the treaty and late transactions between tlie nations, which might invite them to engage in such a piratical war ag.ainst the Spaniards. When England made peace with Spain, the example of Henry IV. was imitated, who, at the treaty of Ver- vins, finding a difficnlty in adjusting uU questions with regard to the Indian trade, had agi-eed to pass over that article in total silence. The Spaniards having, all along, published severe edicts against the intercourse of any European nation with their colonies, interpreted this silence in their own favour, and considered it as a tacit acquiescence of England in the established laws of Spain. The English, on the contraiy, pretended (hat, as they had never been excluded by any treaty from commerce with any part of the king of Spain's dominions, it was still as lawful for them to trade with ids settlements in either Indies, as with his European territories. In consequence of this ambiguity, many adventurers from England sailed to the Spanish Indies, and met with severe pnni.-^hnunt when caught ; as they, on the other hand, often stole, and when superior in power, forced a trade w ith the inhabitants, and re- sisted, nay,80inetinies plundered, the Spanish governors. A iolences of this nature, which had been carried to a great height on both sides, it w.as agreed to bury in total oblivion, because of the difiiculty which was found in remedying them, upon any fixed principles. But as there appeared a great difference between private adventurers in single ships, and a fleet acting under a royal commission, Kaleigh'scompanionsthougbt it safest to return immediately to England, and carry him along with them to answer for his conduct. It appears tliat he employed many artifices, first to eng.nge them to attack the Spanish settlements, and, failing of that, to make his escape into France : but all these juoving unsuccessful, he was delivered into the king's hands, and strictly examined, as well as his fellow- adventurers, before the privy-council. The council, upon inquiry, found no difficulty in pronouncing, that the former suspicions, with regard to Raleigh's inten- tions, had been well grounded ; that he had abused the king in the representations which he had made of his projected adventure; that, contrary to hisiusfrtictions, he had acted in an offensive and hostile manneragainst his majesty's allies ; and that he had wilftdly burned and destroyed a town belonging to the king of Spain. Ho might have been tried, cither by common law for this act of violence and piracy, or by martial law for breach of orders : but it was an established principle among lawyers, that as ho Lay under an actual attain- der for high-tre.ason, he could not be brought to a new trial for any other crime. To satisfy, therefore, the court of Sp.ain, which raised the loudest complaints against him, the king made use of that power which he had purposely reserved in his own hands, and signed the warrant for his execution upon hisformcrscnteuce. ISee note 5 1*, at the end of this Vol.] RALEIGH'S EXECUTION. Ocloler 29. Raleigh, finding his fate inevitable, collected all his conmge : and though he had formerly made n.so of many mean artifices, such as feigning madness, sick- ness, and a variety of diseases, in order to protract his examination and procure his escape, he now resolved to act his part with bravery and pesolution. " T is a sharp remedy," he said, "but a sure one for all ills,"whea he felt the edge of the axe by which he was to be be- headed. His harangue to the people was calm and eloquent ; and he endeavoured to revenge himself, and to load his enemies with the public hatred, by strong asseverations of facts, which, to gay the least, may be esteemed very doubtful.* Willi the utmost iiidiffcr- euce, ho laid his head upon the block, and received the fatal blow ; and in his death there appeared the same great, but ill-regulated mind, which, during his life, had displayed itself in all his conduct and behaviour. No measure of James's reign was attended with more public dissatisfaction than the punishment of sir Walter Raleigh. To execute a sentence which was oiiginally so hard, which had been so lung suspended, and which seemed to have been tacitly pardoned, by conferring on him a new trust and commission, was deemed an instance of cruelty and injustice. To sacri- fice, to a concealed enemy of England, the life of the only man in the nation who had a high reputation for valour and military experience, was regarded as mean- ness and indiscretion : and the intimate connexions which the king was now entering into with Spain, being universally distasteful, rendered this pi oof of his cuinplaisance still more invidious and nniiopular. James had entertained an opinion, which was pecu- liar to himself, and which had been adopted by none of his predecessors, that any alliance, below that of a great king, was unworthy of a prince of Wales ; and he never would allow any princess but a daughter of France or Spain to be mentioned as a match for his son. This instance of pride, which really implies meannc'S, as if he could receive honour from any alli- ance, was so well known, that Sjiain had founded on it the hopes of governing, in the most important trans- actions, this monarch, so little celebrated for politics or prudence. During the life of Henry, the king of SjKiin had dropped some hints of bestowing on that prince his eldest daughter, whom he afterwards dis- posed of in marriage to the young king of France, Louis XIII. At that time the views of the Spaniards were to engage James into a neutrality with regard to the succession of Cleves, which was disputed between the prolcstant and popish line : but tlio bait did not then take ; and James, in consequence of his alliance with the Dutch, and with Henry IV. of France, marched+ four thousand men, under the command of sir Edward Cecil, who joined these two powers, and put the mar- quis of Brandenburgh and the palatine of Newbourg in possession of that duchy. Gondoniar was, at this time, the Spanish ambassador in England; a man whose flattery was the more artful, because covered with the appearance of frankness and sincerity ; whoso politics were the more dangerous, because disguised under the mask of mirth and plea- santry. He now made offer of the second daughter of Spain to prince Charle- ; and, that he might render tin- temptation irresistible to the necessitous monarch, he gave hopes of an immense fortune, which should attend tlie princess. The court of Spain, though determined to contract no alliance with a heretic, entered into ne- gociations with James, which they artfully protracted, and, amidst every disappointment, they still redoubled his hopes of success. The tr.insactions in Germany so important to the Austrian greatness, became every day a new motive for this duplicity of conduct. INSURRECTIONS IN BOHEMIA. In that great revolntion of manners which happened during the sixteenth and seventeenth centniies, the only nations who had the honourable, though often 'HcaMcrwd, )n t^emnst solemn manner, tbftt he had noV-jecontiibuT^llr f'f \'* ('/M-h : ^!l-rhc list letter in .Mui-dcn'sCoUcctiou coDtjunith^sauLtVit roof of tile eoiifKir*. '' proof of file contran. \ In Kilu. 676 THE HISTORY OF ENGLAND. [Chap. XLVIII. niolauclioly ailvaiilago, of making au efibrt for llieii- oxpiiing privileges, were such as, togotlior with tlie principles of civil liberty, were animated with a zeal for religious parties and opinions. Besides tlie irre- sistible force of standing armies, the European i)rinces possessed tliis advantage, tliat they were descended from the ancient royal families; that they continued the same appellations of magistrates, the same appear- ance of civil government ; and restraining themselves by all the forms of legal adniiiiibtration, could insen- sibly iuipose the yoke on their unguarded subjects. Even the German nations, who formerly broke the Roman chains, and restored liberty to mankind, now lost their own liberty, and saw with grief the absolute authority of tlieir princes firmly established among ;heni. In their circumstances, nothing but a pious zeal, which disregards all motives of human prudence, eould have made them entertain hopes of preserving any longer those privileges whiehtheir ancestors, through so many ages, had transmitted to them. As the house of Austria, throughout all her exten- sive dominions, had ever made religion the pretence for her nsurpations, she now met with resistance from a like princiiilc ; and the catholic religion, as usual, had ranged itself on the side of monarchy; the protestanf, on that of liberty. The states of Bohemia having taken arms against the emperor Matthias, continued their revolt against his successor Ferdinand, and claimed the observance of all the edicts enacted in favour of the new religion, together with the restoration of their ancient laws and constitution. The neighbouring prin- cipalities, Silesia, Jtoravia, Lidered not, that their interpo- sition in the wars of the Continent, though agreeable to religious zeal, could not, at that time, be justifivil by any sound maxims of jiolitics; that, however exor- bitant the Austrian greatness, the danger was still too distant to give any just alarm to England ; that niigluy resistance would yet be m.ade by so many potent and warlike princes and states in Germany, ere they would yield their neck to the yoke; that France, now en- gaged to contract a double alliance with the Austrian family, must necessarily be soon roused fioiii hei: lethargy, and 0[iposo the progress of so hated a rival; that in the further advance of conquests, even the ia- terest of the two branches of that ambitious famil.v CnAP. XLVIII.] JAMES I. 1603— 16-25. 077 must interfere, and boget mutual jealousy and opposi- tion : that a land-war, carried on at sucli a distance, would waste tlie blood and treasure of tlie Englisli na- tion, williout any hopes of success ; that a sea-war, indeed, iniglit be both safe and successful against Spain, but would not afFoct the eueniy in such vital parts as to make them stop their career of success in Germany, and abandon all their acquisitions ; and that the prospect of recovering the palatinate being at pre- sent desperate, the affair was reduced to this sini]ile the liing had rciiiitted several considerable sums to tho palatine, the commons, without a negative, voted liini two subsidies, and that, too, at the very beginning of the session, contrary to the maxims frequently adopted by their predecessors. Afterwards they proceeded, but in a very feraporale manner, to the examination of grievances. They found, that patents had been granted to sir Giles Mom- pesson and sir Francis Michel, for licensing inns and ale-houses ; that great sums of money had been c.\- question, whether peace and commerce with Sjiain, or acted, under pretext of these hcences ; and that such Jnn-keepers as presumed to continue their business, without satisfying the rapacity of the patentees, had been severely punished by fine, imprisonment, and vexations prosecutions. The same persons had also procured a ]iatent, which they shared with sir Edward \illicrs, brother to Buck- ingham, for the sole making of gold and silver thread and lace, and had obtained very extraordinary powers for preventing any rivalsliip in these manufactures: they were armed with authority to search for all goods, which might interfere with their patent ; and even to punish, at their own will and discretion, the makers, importers, and ve:ulers of such commodities. Many had grievously sutTered by this exorbitant jurisdiction; and the lace which had been manufactured by the patentees was universally found to be adulterated, and to be composed more of copper than of the precious metals. These grievances the commons represented to the son's marriage, the restitution of the palatinate might king; and they met with a very gracious and very the uncertain hopes of plunder and of conquest in the Indies were preferable ? a question which, at the be- ginning of the king's reign, had already been decided, and perhaps with reason, in favour of the former ad- vantages. NEGOCIATIONS "WITH SPAIN. James might have defended his pacific measures by such plausible arguments : but tliese, though the chief, seem not to have been the sole motives which swayed him. He liad entertained the notion, that, as his own justice and moderation had shone out so consjiicuously throughout all these transaction.s, the whole house of Austri.i, though not awed by the power of England, would willingly, from mere respect to his virtue, sub- mit themselves to so equitable an arbitration. lie flattered himself that, after he had formed an intimate counexion with the Spanish monarch, by means of his be procured, from the motive alone of friendship and personal attachment. He perceived not, that his un- active virtue, the more it was extolled, the greater dis- regard was it exposed to. He was not sensible that the Spanish inatch was itself attended with such diffi- culties, that all his art of uegociation would scarcely be able to surmount them ; much less, that this match could in good policy be depended on, as the means of procuring such extraordinary advantages. His un- warlike disposition, increased by age, rivetted him still faster in his errors, and determined him to seek the restoration of his son-in-law, by remonstrances and entreaties, by arguments and embassies, rather than by blood and violence. And the same defect of cou- lage which held him in awe of foreign nations, made him likewise afraid of shocking the prejudices of his own subjects, and kept him from openly avowing the measures which he was determined to pursue. Or, perhaps, he hoped to turn these prejudices to account, and, by their means, engage his people to furnish him with sui>j)lies, of which their excessive frugality had hitherto made them so sparing and reserved. A PARLIAMENT. June 16, 1621. He fii-st tried the expedient of a benevolence or free- - gift from individuals ; pretending the urgency of the case, which wouJd not admit of leisure for any other measure : but the jealousy of liberty was now roused, and the nation regarded these pretended benevolences as real extortions, contrary to law, and dangerous to freedom, however authorized by ancient precedent. A parliament was found to be the only resource which could furnish any large supplies; and writs were ac- cordingly issued for summoning that great council of tlie nation. [See note 5 K, at the end of this T'o/.] In this parliament there appeared, at first, nothing but duty and suljuiission on the part of the commons ; and they seemed determined to sacrifice everything, in order to maintain a good correspondence witli their prince. They would allow no mention to be made of the new customs or impositions, which had been so eagerly disputed in the former parliament : the impri- sonment of thii members of that parliament was here, by some, complained of; but, by the authority of the graver and more prudent part of the house, that griev- ance was buried iu oblivion : and, being informed that "\'ot. I, cordial reception. He seemed even thankful for the information given him; and declared himself ashamed, that such abases, unknowingly to him, had crept into his administration. "I assure you," said he, "had I before heard these things complained of, I would have done the office of a just king, and out of parliament have punished them, as severely, and per- adventure more, than you now intend to do." A sen- tence was passed for the imnishment of Slichel and Jlompcsson. It was executed on the former. The latter broke prison and escaped. Yilliors was, at that time, sent purposely on a foreign employment ; and bis guilt being less enormous, or less apparent, than that of the others, he was the more easily protected by the credit of his brother Buckingham.* FALL OF BACON. Encouraged by this success, the commons carried their .scrutiny, and still with a respecthd hand, into other abuses of importance. The great seal was, at that time, in the hands of the celebrated Bacon, created viscount St. Albans ; a man universally admired for the greatness of his genius, and beloved for the court- eousness and humanity of his behaviour. He was the great ornament of his age and nation ; and nought was wanting to render him the ornament of human nature itself, but that strength of mind which might check his intemperate desire of preferment, that could add no- thing to his dignity, and might restrain his profuse in- clination to expense, that could be requisite neither for his honour nor entertainment. His want of economy, and his indulgence to servants, had involved him in necessities ; and, in order to supply his prodigality, he had been tempted to take bribes, by the title of pre- sents, and that in a very open numuer, from suitors in chancery. It appears that it had been usual for former chancellors to take presents ; and it is pretended that Bacon, who followed the same dangerous practice, had still, in the seat of justice, preserved the integrity of a judge, and had given just degrees against those very persons, from whom he had received the wages of ini- • Tcivcrton, the ftttnmcy-ffcncral, wai accused Ity tlic commons for dran-Iii - the pHtcnts for these iit(tno|)olic5, and for supporting (hem. lie .ipolo^iwil for himself, that he was fort-tU by Ituclcingham, and that he supposed K 10 le t)ie Iviny's pleasure. The lords were so offended at these articles of defense, thduyh neveisary to the atto>*ney-gencral, that they fined hiin ]n,(X» iKtuods to the kinp. and TAIOO to the duice. The fines, hoti-cver, were afieiwat^is eo niiiud. l-'r)iiklyn. p. 5.5, Uuihivortb, vol i. p. :U, 3--, 4c. i £ fi73 THE HISTORY OF ENGLAND. [Chap. XLHIl niiity. Complaints rose the louder bn tliat account, Bud at last loaclicd tlio house of commons, who sent up an inipeachmont against him to the pei'is. The cliancellor, conscious of guilt, deprecated the ven- geance of his judges, and endeavoured, by a general avowal, to escajjc the confusion of a stricter inquiry. The lords insisted on a particular confession of all Ids corruptions, lie acknowledged twenty-eight articles ; aud was sentenced to pay a fine of 40,000_pounds, to be imprisoned in the Tower during tlie king's pleasure, to bo for ever incapable of any office, place, or employ- ment, and never again to sit in parliament, or come within the verge of the court. This dreadful sentence, dreadful to a man of nice sensibility to honour, he survived five ye.ars ; and, being released in a little time from the Tower, his genius, yet unbroken, supported itself amidst involved cir- cumstances and a depressed spirit, aud shone out in literary productions, which h.ave made his guilt or weakness be foi'gotten or overlooked by posterity. In consideration of his great merit, tlie king remitted his fine, as well as all tlie other parts of his sentence, con- ferred on him a large pension of ICOO ))ouud3 a year, and employed every expedient to alleviate tlie weight of his ago and misfortunes. Aud that great philoso- pher, at last, acknowledged with regret, tliat he had too long neglected the true ambition of a fine geuius, and by plunging into business and affairs, which re- quire much less capacity, but greater firmness of mind, than tlie pursuits of learning, had exposed himself to such giic'vous calamities.* Tlio commons had entertained the idea, that they were the great patrons of the people, and that the re- dress of .all gi-ievances must proceed from tliem ; and to this principle they were chiefly beholden for the re- gard and consideration of the public. In the execu- tion of this office, they now kept their ears open to complaints of every kind; and they carried their re- searches into many grievances, which, though of no great importance, could not be touched on, without sensibly affecting the king and his ministers. The prerogative seemed every moment to be invaded ; the king's authority in every article was disputed ; and James, who was willing to correct the abuses of his power, would not submit to have his power itself questioned and denied. After the house, therefore, had sitten near six months, and had, as yet, brought no considerable business to a full conclusion, the king resolved, under pretence of the advanced season, to in- terrupt their proceedings ; and he sent them word, that he was determined, in a little time, to adjourn them till next winter. The commons made applica- tion to the lords, .and desired them to join in a petition for dcl.aying the adjournment; which was refused by tlio upper house. "The king regarded this project of a joint petition as an attempt to force him from his mea- sures : he tluanked the peers for their refusal to concur in it ; and told tlieni, that, if it were their desire, he would delay the adjournment, but would not so far comply with the request of the lower house. And thus, in these great nation.al affiiirs, the same peevish- ness, which, in private .altercations, often raises a quarrel from tho smallest beginnings, produced a mu- tual coldness and disgust between the king and the commons. EUPTURE BETWEEN THE KING AND THE COMMONS. During the recess of parliament, the king used every measure to render himself po)iular with the na- tion, and to appease the ri-.ing ill humour of its re- presentatives. He had vohintarily offered the parlia- • ll !i thOHErtit that appeals from chancery to the house of peen first eainc uiro pra-.-tke while Hncon hcU the prcai wul. Appeals untlcr the form o!" unU of envr, hvl hi-r ■.■■■..',, ;c l.-.in r.it.-.iiist the c.-urts of liw. Uliicksionc 's Com. vet. 111. p. ^'t. ment to circumscribe liis own prerogative, and to abrogate for the future his power of granting mono- polies, lie now recalled all the patents of that kind, and redressed every article of grievance, to the num- ber of thirty-seven, wliich had ever been complained of in the house of commons. But he gained not the end which ho proposed. The disgust, which had ap- peared at parting, could not so suddenly bo disjielled. He had likewise been so imprudent as to commit to prison sir Edwin Sandys, without any known cause, besides his activity and vigour in discharging his duty as a member of parliament. And, above all, tho traiisactioiis in Germany were sufficient, when joined to the king's cautions, ncgociations, and delays, to in- flame that jealousy of honour and religion wliich pre- vailed throughout the nation.* This summer, tlie ban of the empire had been iniblished against the elector- palatine ; and the execution of it was committed to tlie duke of Bavaria. The upper palatinate was, in a little time, conquei'cd by that prince; and measures were taking in the empire for bestowing on liim the electoral dignity, of which the palatine was then de- spoiled. Frederic now lived, with his numerous family, in poverty and distress, either in Holland or at Sedan, with his uncle, the duke of Bouillon ; aud throughout all the now conquests, in both the palatinates, as well as in Bohemia, Austria, and Lusatia, the progiess of tho Austrian arms was attended with rigours and se- verities, exercised against the professors of the re- formed religion. The zeal of the commons immediately moved them, upon their assembling, on the 4th of November, to take all these ti-ansactions into consideration. Tlioy framed a remonstrance, wliicli they intended to cari-y to the king. They represented, that the enormous growth of the Austrian power threatcnetl, the liberties of Europe; that the progress of the catholic religion in England bred the most melancholy apprehensions lett it should again acquire an ascendant in the king- dom ; that the indulgence of his majesty towards the professors of that religion had encouraged their inso- lence and temerity ; that the uncontrolled conquests, made by the Austrian family in Germany, raised mighty expectation in the English papists ; but, above all, that the prospect of the Spanish match elevated them so far as to hope for an entire toleration, if uot the final re-establishment of their religion. The com- mons, therefore, entreated his majesty that he would immediately undertake the defence of the palatiuc, and maintain it by force of arms; that lie would turn his sword against Sjiain, whose armies and treasures were the chief support of the catholic interest in Europe ; that he would enter into no negociation for the marriage of his son but with a protestant inin- cess ; that the children of popish recusants should be taken from their parents, and be committed to the care of protestant teachers and schoolm.asters ; and that the fines and confiscations, to which the catholics were by law liable, should be levied with the utmost severity. , By this bold step, unprecedented in England for many years, and scarcely ever heard of in peaceable times, the commons attacked at once all the king's favourite maxims of government ; his cautious and pa- cific measures, his lenity towards the itomish religion, and his attachment to the Spanish alliance, from which he promised himself such mighty advantages. But what most di.sgusted him was, their seeming invasion of his prerogative, and their pretending, under colour of advice, to direct his conduct in such points as had • Ti) show to what dtgie." the nation was iiiflanncd with rcKanl to t-'ij palatiiiftte, there occuis a reuiarkal'lc srory this session. One Fiord, a pri- soner in tile Fleet, a catholic, hud dropped sotiie exprc-sions, in privRPj convcrsaliun, as if he were pleased with the misforruocs of the palaOne and his wife. The commons were in a flame, and prctendins to he a court of judioattirc and of record, proceeded to cnndenin him to a sccere piiniBii meot. 'I'he house of lords chcf.'kcd this encroachment: and, what icas ex- traordinary, eoOfideiioK the present humour of the lower house, the lattoi acouicsced In the sentiments of the peers. This is almost the only prcensl'in of the I'loRlisli commons, in which tlicy liavc not prevailed. Happily fjrtha nation, they have ten sncccsfful in almost all theJr otiier claims. See Pai- llamcntrr)' Mis nry, vol. v. p. 4i8, 42!), «c. Jcur. 4, 8, 1* May, 1621, Chap. XLVIIL] JAMES I. 1C03— IG25. 570 ever teen acknowledged to belong solely to the ma- nagement and direction of the sovereign, lie was, at tliat time, absent at Newmarket ; hnt as soon as he licard of the intended remonstrance of the commons, he wrote a letter to the speaker, in which lie sliarply relinked tlie house for oiienly debating matters far above their reach and capacity, and he strictly for- bade tliem to meddle with anytliing that regarded liis government, or deep matters of state, and especiallv not to toucli on his son's marriage witli tlie dauglitcr of Spain, nor to attack the honour of that king, or any other of his friends and conlederalcp. In order tlic more to intimidate them, he nicntiuned the impri- sonment of sir Edwin Sandys ; anil thoiigli he denied tliat tlie confinement of that member liad been owing to any offence committed in tlie house, he plainly lolil them, that he thought himself folly entitled to iiiinish every misdemeanour in parliament, as well during its sitting as after its dissolution; and that lie in- tended thenceforward to chastise any man, whose in- solent behaviour there fhoulJ minister occasion of offence. This violent letter, in which the king, though he here imitated former precedents, may be thought not to liave acted altogether on the defensive, had the effect which might naturally have been expected from it: the commons were inflamed, not terrified. Secure of their own popularity, and of the bent of the nation towards a war with tha catholics abroad, and the per- secution of popery at home, they little dreaded tlie menaces of a prince who was unsupported by military force, and whose gentle temper would, of itself, so soon disarm his severity. In a new remonstrance, therefore, they still insisted on their former remon- strance and advice ; and they maintained, though in respectful terms, that they were entitled to interpose with their counsel in all matters of government ; that, to possess entire freedom of speech, in their debates on public business, was their ancient and undoubted right, and an inheritance transmitted to them from their ancestors ; and that, if any member abused this liberty, it belonged to the liouse alone, who were witnesses of his offence, to inflict a proper censure upon him. So vigorous an answer was nowise calculated to ap- pease the king. It is said, when the approach of the committee who were to present it was notified to liini, lie ordered twelve chairs to be brought ; for that there were so many kings a-coming. His answer was prompt and sharp, lie told the house, that their remonstrance was more like a denunciation of war than an address of dutiful subjects; that their pretension to inquire into all state affairs, without exception, was such a p/enipolence as none of their ancestors, even during the reign of the weakest princes, had over pretended to ; that public transactions depended on .a complication of views and intelligence, with which they were entirely unacquainted ; tliat they could not better show their ■wisdom, as well as duty, than by keeping within their proper sphere ;* and that, in any business which de- pended on his prerogative, they had no title to inter- pose with tiieir advice, except when he was pleased to desire it. And he concluded with these memorable words : — ^" And though we cannot allow of your style, in mentioning your ancient and undoubted right and inheritance, but would rather have wished that ye had said, that your privileges were derived from the grace and permission of our ancestors and us ; (for the most of them grew from precedents, which shows rather a toleration than inheritance;) yet wo are jileased to give you our royal assurance, that a.s long as you contain yourselves within the limits of your duty, we will be as careful to maintain and preserve your lawful liberties and privileges as ever any of our PKOTESTATION OF THE COJIMONa This open pretension of the kin^''s naturally gave great alarm to the house of commons. They saw their title to every privilege, if not plainly denied, yet considered at least as precarious. It iiiiuht be for- feited by abuse, and they had already abused it. Tliev thought proper, thriefore, immediately to oppose pre- I t<-iision to pretension. They fianicd a protestation, (Ultli December,) in which they repeated all their lornicr claims for freedom of speech, and an un- bounded authority to interpose with their advice and counsel. And they asserted, " That the liberties, fran- chises, privileges, and jurisdictions of parliament, are the ancient and undoubted birthright and inheritance of the subjects of England." [See note L, at the end of this Cw/.J The king, informed of these increasing heats and jealousies in the house, hunied to town. Ho sent im- mediately for the journals of the commons ; and, with his own band, before the council, he toie out this pro testation ; and ordered his reasons to be inserted in the council-book. He was doubly displeased, he said, with the protestation of the lower house, on account of the manner of framing it, as well as of the matter which it contained. It was tuinultuously voted, at a late hour, and in a thin house; and it w'as expressed ill such general and ambiguous terms, as might serve for a foundation to the most enoiinous claims, and to the most unwarrantable usurpations upon his jue- rogative. The meeting of the house might have proved dan- gerous after so violent a breach. It was no longer possible, while men were in such a temper, to fiiiTsh any business. The king, therefore, prorogued the par- liament, and soon after dissolved it by proclamation ; in which he also made an apology to the public for his whole conduct. The leading members of the house, sir Edward Coke and sir Robert Philips, were committed to the Tower ; Selden, Tyni, and JIallory, to other prisons. As a lighter punishment, sir Dudley Digges, sir Thomas Crew, sir Nathaniel Rich, sir James Perret. joined in commission with other.s were sent to Ire- land, in order to execute some business. The king, at that time, enjoyed, at least exercised, the prerogative of employing any man, even without his consent, in any branch of public service. Sir John Savile, a powerful man in the house of commons, and a zealous ojiponent of the court, was made comptroller of the household, a privy-counsellor, and soon after a baron. This event is memorable; as being the first instance, perhaps, in the whole history of England, of any king s advancing a niun on ac- count of parliamentary interest, and of opposition to his measures. However irregular this practice, it will be legarded by political reasoners, a.s one of the most early and most infallible symtoms of a regular estab- lished liberty. The king having thus, with so rash and indiscreet a hand, torn oft' that s.acred veil which had hitherto covered the English constitution, and which threw an obscurity upon it so advantageous to royal prerogative, every man began to indulge himself in political reason- ings and inquiries ; and the same factious which com- menced in parliament were propagated throughout the nation. In vain did James, by reiterated proclama- tions, forbid the discoursing of state aft'airs.* Such proclamations, if they had any effect, served rather to inflame the curiosity of the public. And, in every company or society, the late transactions became the subject of argument and debate. All historj-, said the partisans of the court, as well as the history of England, justify Oie king's position predecessors were, nay, as to preserve our own royal '• "'''' ''''g'li'd to the origin of popular privileges; and firerogative." I I • Frankljii, p. 56. Kusnwotth, rol. I. p. 21, ^,. 5S. The klngiilBn In . imitation of liu prfdecessors, pave rules tn preachers. Frankly: , p. 70. 'J'h, ptilpit was At that tiincmiicli niore (bn.:tToiis tlian the vt^sa. Feie pa»i* . culild rend, ami still fewer wire in the practice of reading. • •• N'e nttor ultra crepidam." This expression is imadncd to be insolent uid diwbli.-rins ; bat it was a Ladu proverb fainiliarly uit^ uu alt oee.isioni. J80 THE HISTORY OF ENGLAND. [Chap.XLIX every leasonaMe man must allow, tliat as inoiiarcliy is tilt.' most simple form of government, it must first have occurred to rude and uiiiiistructed manlcinJ. The other complicated and artificial additions were the suc- cessive invention of sovereigns and legislators; or, if thev were obtruded on the prince by seditious sub- jest's, their origin must appear, on that very account still more precarious and unfavourable. In England, the authority of the king, in all the exterior forms of governnionl, and in the common style of law, appears totally absolute and sovereign ; nor does the real spirit of the constitution, as it has ever discovered itself in ])raetice, fall much short of these appearances. The parliament is created by his will ; by his will it is dissolved. It is his will alone, though at the desire of both houses, which gives authority to laws. To all foreign nations, the majesty of the monarch seems to merit sole attention and reg.ard. And uo subject, who has exposed himself to royal indignation, can hope to live with safety in tlie kingdom ; nor can he even leave it, according to law, without the consent of his master. If a magistrate, environed witli such power and splendour, should consider his authority as sacred, and regard himself as the anointed of heaven, his pre- teusions may bear a very favourable construction. Or, allowing them to be merely pious frauds, we need not be surprised, that the same stratagem whicli was prac- tised by Minos, Numa, and the most celebrated legis- lators of antiquity, sliould now, in these restless and inquisitive times, be employed by the king of England. Subjects are nut raised above that quality, though assembled in parliament. Tlie same humble respect iind deference is still due to their prince. Though he indulges them in the privile:»e of laying before him their domestic grivances, with which they are sup- posed to be best acquainted, this warrants not their intrusion into every province of goverment. And, to all judicious examiners, it must appear, " That the lines of duty are as much transgressed by a more in- dependent and less respectful exercise of acknow- ledged powers, as by the usurpation of such as are new and unusual." 'J'he lovers of liberty, throughout the nation, rea- soned after a different manner. It is in vain, said they, that the king traces up the English government to its first origin, in order to represent the privileges of parliament as dependent and precarious : prescrip- tion, and the practice of so many ages, must, long ere this time, have given a sanction to these assemblies, even though they had been derived from an origin no more dignified than that which he assigns them. If the written records of tlie English nation, as asserted, represent parliaments to have arisen from the consent of mouarchs, the principles of human nature, when we trace government a step higher, must show us that mouarchs themselves owe all their authority to the voluntary submission of the people. But in fact, no age can be shown, when the English government was altogether an unmi.xed monarchy : and, if the privi- leges of the nation have, at any jjeriod, been over- powered by violent irruptions of foreign force or do- mestic usurpation, the generous spirit of the people has ever seized the first opportunity of re-establishing the ancient government and constitution. Though in the style of the laws, and in the usual forms of admi- nistration, royal authority may be represented as sa- cred and supreme; whatever is essential to the exer- cise of sovereign and legislative power must still he regarded as equally divine and inviolable. Or, if any distinction be made iu this respect, the preference U surely due to tho^e national councils, by whose inter- position the exorbitances of tyrannical power are re- strained, and that sacred liberty is preserved, wliich heroic spirits, in all ages, have deemed more precious tlian life itself. Nor is it sufficient to say, tluat the luild and equitable administration of James affords iiftlo occasion, or no occasion, of complaint. How moderate soever the exercise of his prerogative, how exact soever his observance of the laws and consti- tution, " If he founds his authority on arbitrary and dangerous principles, it is requisite to «atch him with the same care, and to oppose him with the same vi- gour, as if he had indulged himself iu all the excesses of cruelty and tyranny." Amidst these disputes, the wise and moderate in the nation endeavoured to preserve, as ranch as possible, an equitable neutrality between the opposite parties; and the more they reflected on tlie course of public affairs, the greater difficulty they found in fixing just sentiments with regard to them. On the one hand, they regarded tlie very rise of parties as a liapjiy prog- nostic of the establishment of liberty ; nor could they ever expect to enjoy, in a mixed government, so in- valuable a blessing, without suffering that inconve- nience, which, in such governments, has ever attended it. But when they considered, on the other hand, the necessary aims and pursuits of both parties, they were struck wifh apprehension of the consequences, and could discover uo feasible plan of accommodation between them. From long practice, tlie crown was possessed of so exorbitant a prerogative, that ic was not sufficient for liberty to reuiain on tlie defensive, or endeavour to secure the little ground which was left her: it was become necessary to carry on an offensive war, and to circumscribe, within more narrow, as well as more exact bounds, the authority of the sovereign. Upon such juovocation, it could not but happen, that the prince, however just and moderate, would endea- vour to repress his opponents; and as he stood upon the very brink of arbitrary power, it was to be feared that he would, hastily and unknowingly, pass those limits, which were not precisely marked by the con- stitution. The turbulent government of England, ever fluctuating between privilege and prerogative, would afford a variety of precedents, which might be pleaded on both sides. In such delicate questions, tlie people must be divided : the arms of the state were still in their hands: a civil war must ensue; a civil war where uo party or both parties would justly bear the blame, and where the good and virtuous would scarcely know what vows to form ; were it not that liberty, so necessary to the perfection of human society, would be sufficient to bias their aft'eclions towards the side of its defenders. CHAPTER XLIX. Nci,-ociaiiotis uitli ref;.ir'l to t^ie Marriage and the I'alatimtc Clmra<.ter ol Ih.cbingham I'rince s .loQrney to Spain Marriage Treaty bix-kcu A I'aiUament Itelurnof Uristol Kuptiircwi;h Spain— ^Tre-.ty uitti Frauce Rlftusfcldi's Expedition Dsaili of the King His Character. NEGOCIATIONS WITH REGARD TO THE MARRIAGE AND THE 'PALATINATK. I(i22. '^I'^O wrest the palatinate from the hands of the em- X peror aud the duke of Bavaria, must always have been regarded as a diificult task for the power of Eng- land, conducted by so unwarlike a prince as James : it was plainly impossible, while the breach subsisted be- tween him and the commons. The king's negociations, therefore, had they been managed with ever so great dexterity, must now carry less ^veight with them; and it was easy to elude all his applications. When lord Digby, his ambassador to the emperor, had desired a cessation of hostilities, he was referred to the duke of Bavaria, who commanded the Austrian armies. The duke of Bavaria told him, that it was entirely superfluous to form any treaty for tliat purjiose. " llostif ties are already ceased," said he; "and I doubt not but I shall be Chap. XLIX.] JAMES I. lfi03-lf.2-5 /)8l tUe to prevent tlieir revival by Iccepln;^ fimi possession of the palatinate, till afinalaxreoment sliall lie concluded between the contending parties." Notwithstanding this insult, James endeavoured to resume with the emperor a treaty of accommodation ; and lie opened the nego- ciations at Brussels, under the mediation of archduke Albert ; and after his death, which happened about this time, under that of the infanta: when the con- ferences were entered upon, it was found, that the powers of these princes to determine in the controversy were not sufficient or satisfactory. Schwartzenbourgh, the imperial minister, was expected at London ; and it was hoped that he would bring more am])le authority : his commission referred entirely to the negociation at Brussels. It w.as not difficult for the king to perceive, that his applications were neglected by the emperor; but as he had no choice of any other expedient, and it seemed the interest of his son-in-law to keep alive liis pretensions, he was still content to follow Ferdi- nand through all his shifts and evasions. Nor was he entirely discouraged, even when the Imperial diet at Hati3bon,by the influence, or rather authority, of the emperor, though contrary to the protestation of Saxony, and of all the protest.ant princes and cities, had trans- ferred the elcctorial dignity from the palatine to the duke of Bavaria. Meanwhile the efforts made by Frederic, for the recovery of his dominions, were vigorous. Three ar- mies were levied in Germany by his authority, under throe commanders — duke Christian of Brunswick, the prince of B.aden Dourlacli, and count Mansfeldt. The two former generals were defeated by count Tilly and the imperialists: the third, though much inferior in force to his enemies, still maintained tlio war ; but with no equ.al supplies of money either from the pala- tine or the king of England. It was chiefly by pillage and free quarters in the p.alatiuate, that he subsisted liis army. As the Austrians were regularly paid, they were kept in more exact discipline ; and .Tames justly became apprehensive, lest so unequal a contest, besides mvishing the palatine's hereditary dominions, would end in the total alienation of the people's affections from their ancient sovereign, by whom they were plun- dered, and in an attachment to their new masters, by whom they were protected. He persuaded therefore his son-in-law to dis.arm, under colour of duty and sub- mission to the emperor : and accordingly, Mansfeldt was dismissed from the palatine's service ; and that famous general withdrew his army into the Low Coun- tries, and there received a commission from the States of the United Provinces. To show how little account w,as made of James's negocialious abroad, there is a pleasantry mentioned by all historians, which, for that reason, shall li.ave .a place here. In a farce, acted at Brussels, ,a courier was ii\troduccd carrying the dolefid news that the palatinate would soon be wrested from the house of Austria; so powerful were the succours, which, from nil qn.arlers, were h.asteniug to the relief of the despoiled elv^ctor : the king of Denmark had agreed to contribute to his a.ssistance a hundred thousand pickled hen ings, the Dutch a luindrod tliousand butler-boxes, and the king of England a hundred tliousand .anibass.adors. On other occasions, he was painted with a scabbard, but without a sword ; or witli a sword, which nobody could draw, though several were pulling at it. It was not from his negociatious with the emperor or t'lo duke of Bavaria, that .James expected any success in his project of restoring the palatine: his eyes were entirely turned towards Spain; and if he could effect liis son's marriage with the infduta, he doubted not but that, after so intimate a conjunction, this other point could easily be obt.ained. The negociatious of that court being commonly dilatory, it w.as not easy for a prince of so little penetration in business, to distinguish whether the difticultics which occurred were real or afl'ected ; and he was surprised, after cegociating five ycai'S on so simple a demand, that ho was not more advanced than at the beginning. A dispensation from Rome was requisite for the marri.tge of the infanta with a protestant prince ; and the king of Spain, li.av- ing undertaken to procure that dispensation, had thereby acquired the means of retarding at pleasure, or of forwarding the marriage, and at the same timo of concealing entirely his artifices from the court of England. In order to remove all obstacles, James dispatched Digliv, soon after created earl of Bristol, .as his ambas- to Philip IV., who had lately succeeded his father in the crown of Spain. lie secretly employed Cage as his agent at Home ; and finding that the difference of religion was the principal, if not the sole difficulty, which retarded the marri.ige, he resolved to soften that objection as much as possible. Ho issued public orders for discharging all popish recusants who were imprisoned; and it was daily apprehended that he would forbid, for the future, the execution of the penal laws enacted against them. For this stej), so opposite to the rigid spirit of his subjects, he took care to apolo- gize; and he even endeavoured to ascribe it to hii great zeal for tlie reformed religion. He had been making .applications, he said, to all foreign princes for some indulgence to the distressed protcstants : and ho was still answered by objections derived from the severity of English laws against catholics. It might indeed occur to him, that if the extremity of religious zeal were ever to abate among Christian sects, one of them must begin ; and nothing would be more honour- able for England, than to have led the way in senti- ments so wise and moderate. Not only the religious puril.ans murmured .it this tolerating measure of the king : the lovers of civil liberty were :Uarmed at so important an exertion of prerogative. But, among other dangerous articles of authority, the kings of England ivere at that tiirfo possessed of the dispensing power : at least were in the constant practice of exercising it. Besides, though the royal prerogative in civil matters was then extensive, the princes, during some late reigns, had been accustomed to assume a still greater in eccle- siastical. And the king failed not to represent the toleration of catholics as a measure entirely of that nature. By James's concession in favour of the catholics, ho attained his end. The same religious motives which had hitherto rendered the court of Jfadrid insincere in all the steps taken with i-egard to the marriage, were now the chief cause of promoting it. By its means, it was there hoped the English catholics would for the future enjoy ease and indulgence; and the infanta would be the liap])y instruinent of procuring to the church some tranquillity, after the many severe perse- cutions which it had hitherto undergone. The earl of Bristol, a minister of vigilance and penetration, and who had formerly opposed all alliance with catholics, was now fully convinced of the sincerity of Spain ; and he was ready to congratulate the king on the en- tire coiu])K>tion of his views and projects. A daughter of Spain, whom he represents as extremely accom- plished, would soon, he said, arrive in England, and bring with her an immense fortune of two millions of pieces-of-eight, or six hundred thousand pounds ster- ling ; a sum four times greater tlian Sp:iiu had ever before given with any princess, and .almost cipial to .all the money which tlu! p.arliamcnt, during the whole course of this reign, had hitherto granted to the king. But, what was of more importance to James's honour and luippiness, Bristol considered this match as an in- fallible jirognoslic of the palatine's restoration ; nor would Philip, be thought, ever have bestowed bis sister and so large a foitune under the prospect of entering next day into a war with England. So exact was his intelligence, that the most secret counsels of the Span- iards, he boasts, h.ad never escaped him ; and he found that they h.id .all along considered the marriage of t'ue infanta, and the iTstitntion of the palatinate, as mea- SfiS THE HISTORV" OF ENGLAND. rCHAP. XLIX sures closi'ly connected, or nltogetlici- iiisoimial.Io.» Howevpr lilile calculated James's cliaractPi- lo extort FO vast a coiicossion ; )io«ever iinpioi)ei- tlio inoasmes wliirh lie liail pursucii for attainii);? tliat end; the am- bassador could not witlistaiid tlio jdain evidence of facts by wliicli l'liili|) now demonstrated liis sincerity. Perhaps loo, lil;e a wise man, lie considered, that rea- sons of state, which are snpposed solely to intlweiiee the councils of monanhs, are not always the motives which there predominate; that the milder views of gratitnde, honour, friendship, generosity, arc fieipiently able among princes, as well as private persons, to coun- terbalance these selfish considerations ; tliat the justice and moderation of James had been so conspicuous in all these transactions, his reliance on Spain, his confi- dence in her fiiendship, that he had at last obtained the coruial alliance of that nation, so celebrated for honour and fidelity. Or if politics must still be sup- posed the ruling motive of all public measures, the maritime power of England was so considerable, and the Spanish dominions so divided, as might well in- duce the council of i'hilip to think that a sincere friendship with the masters of the sea could not be purchased by too great concessions. And as James, during so many 3*ears, had been allured and seduced by hopes and protestations, his people enraged by delays and disappointments, it would probably occur, that there was now no medium left between the most inve- terate hatred and the most intimate alliance between the nations. Not to mention, that, as a new spirit beg.m about this time to animate the councils of France, the friendship of England became every day more necessary to the greatness and security of the Spanish monarcli. All measures being, therefore, agreed on between the parties, nought was wanting but the dispensation from Rome, which might be considered as a mere formality. The king, justified by success, now exulted in his pacific councils, and boasted of his superior saga- city and penetration; when all these flattering pros- pects were blasted by the temerity of a man whom he had fondly exalted from a private condition, to be the bane of himself, of his family, and of his people. CHARACTER OF BUCKINGHAM. 1C23. Ever since the fall of Somerset, Buckingham had governed, with an uncontrolled sw.iy, both the court and nation ; and, could .James's eyes have been oj>eiied, he had now full opportunity of observing how unfit his favourite was for the high station to wliich he was raised. Some accomplishments of a courtier he pos- sessed : of every talent of a minister he was utterly destitute. Headstrong in Ids passions, and incapable equally of prudence and of dissimulation ; sincere from violence rather than candour ; expensive from profu- sion more than generosity: a warm friend, a furious enemy ; but witliout any choice or discernment in either: with these qualities he had early and quickly mounted to tlie highest rank; and partook at once of the insolence which attends a fortune newly acquired, and the impetuosity which belongs to persons born in high stations, and un.acquainted with opposition. Among those who had exjierienced the arrogance of this overgrown favourite, the prince of Wales himself had not been entirely spared ; and a great coldness, if not an enmity, had, for that reason, taken place be- tween them. Buckingham, desirous of an opportunity, which might connect him with the prince and overcome his aversion, and at the same time envious of the great credit .acquired by Bristol in the Spanish negociation, bethought himself of an expedient, by which he miglit at once gratify both these inclinations. He represented to Charles, that persons of his exalted station were • tVeSni! bir private U't ert l..-tirc;n Philip IV. and llic Cond6 Olivarrj, sTioivii hy theUlttr to Uiickm;;liitn, that the marruKCftiid the restitution of Uie iml.itinate were alirays eonsidcrt-d |jy the court of Spain as iiiseijaraljle. See yr.inklyn, p. 71, ;2. Ilitshivortli, vol. i. p. 71, 2Ui/, ■2'M, M). Pari. Hist. voL vi. p. % peculiarly unfortunate in their marriage, the chief cir- cnnistaiiee in life; and commonly received into their arms a bride, unknown to them, to whom they were unknown ; not endeared by sympathy, not obliged by service; wooed by treaties alone, by negociations, by political interest: that however accomijlished the infanta, she must consider herself as a melancholy vic- tim of state, and could not but think with aversion of that day, wlien she was to enter the bed of a stranger ; and, passing into a foreign country and a new family, bid adieu for ever to her fathers lit.use, and to her native land : that it was in the prince's ])OWer to soften all those rigours, and lay such an obligation on liei-, as would attach the most indift'irent temper, as would warm the coldest aft'ectious : that his journey to JIadrid would be an unexpected gallantry, which would equal all the fictions of Spanish romance, and, suiting the amorous niul enterprising character of that station, must immediately introduce him to the princess under the agreeable character of a devoted lover and daring adventurer: (hat the negociations with regard to the palatinate, which had hitherto languished m the hands of ministers, would quickly be terminated by so illus- trious an agent, seconded by the mediation and entrea- ties of the grateful infanta : that Spanish generosity, moved by that unexampled trust and confidence, would make concessions beyond what could be ex|iected from political views and considerations: and that be would quickly return to the king with the glory of having re-established the unhappy palatine, by the same en- terprise wliich procured him the affections and the person of the Spanish princess. The mind of the young prince, replete with candour, was inflamed by these generous and romantic ideas, suggested by Buckingham. He agreed to make appli- cation to the king for his approbation. They chose the moment of his kindest anil most jovial humour; and more by the earnestness which they expressed, than by the force of their reasons, they obtained a liasty and unguarded consent to their undertaking. And having engaged his promise to keep their purpose secret, they left him, in order to make preparations for the journey. No sooner was the kingalone, than his temper, more cautious than sanguine, suggested very different views of the matter, and rejiresented every difficulty and danger which could occur. He reflected, that however the world might pardon this sally of youth in the prince, they could never forgive himself, who, at his years, and after his experience, could intrust his only son, the heir of his crown, the prop of his age, to tlio discretion of foreigners, without so much as providing the frail security of a safe-conduct in his favour: that if the Spanish monarch were sincere in his professions, a few niontlis must finish the treaty of marriage, and bring the infanta into England; if he were not sincere, the folly was still more egregious of committing the prince into his hands: that Philip, when possessed of so invaluable a jiledgo, might well rise in his demands, and impose harder conditions of titjaty : and that the temerity of the enterprise was so apparent, that the event, how prosperous soever, could not justify it ; and if disastrous, it would render himself infamous to his people and ridiculous to all posterity. Tormented Avith these reflections, as soon as the prince and Buckingham returned for their dispatches, he informed them of all the reasons which hail deter- mined him to change his resolution; and ho begged them to desist from so foolish an adventure. The prince received the disappointment with sorrowful submission and silent tears: Buckingham presumed to speaiv in an imperious tone, which he had ever experienced to bo prevalent over his too easy master. He told the king, that nobody for the future would believe any- thing he said, when he retracted so soon the luomise so solemnly given : that he plainly discerned this change of resolution to proceetl from another breach of his word, in communicating the matter to some ra.v Chap. XLTX.] JAMES I. 1603—1625 683 ca!, who Iiail fiiniislicd liim with tliose pitiful reasons whicli he hadallcpcil ; and he doubted not bulhc shoidd hereafter know who his eonnsellor Iiad been : and that if he receded from what he had promised, it wonhl be such a disohligatioii to the prince, who had now set his Iieart upon the journey, after his majesty's a]>pro^a- tion, that he could never forget it, nor forgive any man wlio Iiad been the cause of it. The hiiip, with great earnestness, fortified by many oaths, made his apohigy, by denying that he had com- municated tlic matter to any ; and finding himself assailed, as well by the boisteions impoitunities of Buckingham, as by the wannest entreaties of his son, whose applicitions had hitherto, on other occasions, been always dutiful, never earnest, he had again the weakness to assent to their purposed journey. It was agreed that sir Francis Cottiugtoii alone, the prince's secretary, and I'.udyniion Porter, gcntlenuin of his bed- chamber, should accompany them: and the former being at that time in the ante-chamhcr, he was im- mediately called in by the king's orders. .Lames told Cottington, that he had always been an honest man, and therefore he was now to trust him iu an afl'air of the highest importance, which lie was not, upon his life, to disclose to any man whatever. " Cot- tington," added he, " here is baby Charles and Stenny," (these ridiculous appellations lie usually gave to the prince and Cuckiiigliam,) " who have a great mind to go post into Spain, and fetch liome the infanta : they will have but two more in their comjiany, and have chosen you for one. What think you of th(\journey ?" Sir Francis, who was a prudent man, and had resided someyenrs in Spain as the king's agent, was struck with all the obvious objections to such an enterprise, and scrupled not to declare them. The king threw himself upon liis bed, and cried, 1 tohl you this bi-fovf; aiul fell into a new passion and new lamentations, complaining that ho was undone, and should lose baby Charles. The prince showed by his countenance, tliat he was extremely dissatisfied with Cottington's discourse ; but Buckiugliam broke out into an open jiassion against liim. The king, he told him, asked him only of the journey, and of the luanuer of tr.avelliug; p.articulars, of which he might be a competent judge, having gone the road so ofleu by jiost ; but that he, without being called to it, had the presumption to give his avhich ho hud practised towards their princess ; all these circumstances, joined to his voutli and advantageous figure, had endeared him to the whole court of Madrid, and had impressed the most favourable ideas of him. But, in the same pro- portion that the prince was beloved and esteemed, was liuckingham despised and hated. His behaviour, composed of Euglisli familiarity and French vivacity ; his sallies of passion, his indecent fi'eedoms with the prince, his dissolute pleasures, his arrogant, impetuous temper, which he neither could nor cared to di-guise , Hualities like tliese, could, most of them, be esteemed nowhere, but to the Spaniards were the objects of peculiar aversion. They could not conceal their sur- prise, that such a youth could intrude into a uegoci- ation now conducted to a period by so accomplished a minist-r as Bristol, and could assume to himself all the merit of it. They lamented the infanta's fate, who must be approaclied by a man whose temerity seemed to respect no laws, divine or human. And when the)' observed, that he had the imprudence to insult the C'ondc', duke of Olivaroz, their prime-minister, every one, who was ambitious of paying court to the Spanish, became desirous of showing a contempt for the Kng- lish favourite. The duke of Bucldngham told Olivarez, that his own attachment to the Spanish nation and to the king of Spain was extreme ; that bo would contribute to every measure which could cement the friendship between England and them ; and that his peculiar ambition would be to focilitate the prince's marriage with the infanta. But, he added, with a sincerity equally insolent and indiscreet, " With regard to you, sir, in particular, yon must not consider me as your friend, but must ever exjject from me all possible enmity and opposition." The Conde duke replied, with a becoming dignity, that he very willingly ac- cepted of what was ])rott'ered him : and on these terms the favourites parted. Buckingham, sensible how odious he was become to the Spaniards, and dreading the influence which that nation would naturally acquire after the arrival of the infanta, resolved to employ all bis credit in order to prevent the marriage. By what arguments he could engage the prince to offer such an insult to the Spanish nation, from whom he had met with such generous treatment ; by what colours he could dis- guise the ingratitude and imprudence of such a mea- sure; these are totally unknown to us. We may only conjecture, that the many unavoidable causes of delay, which had so long ]U'evented the arrival of the dispen- sation, had afforded to Buckingham a pretence for throwing on the Spaniards the imputation of insin- cerity in the whole treaty. It also appears, that his impetuous and domineering character had acquired, what it ever after maintained, a total ascendant over the gentle and modest temper of Charles ; and when the prince left JIadrld, he was firmly determined, notwithstanding all his professions, to break off the treaty with Spain. It is not likely that Buckingham prevailed so easily ■with James to abandon a project, which during so many years, had been the object of all his wishes, and which he had now unexpectedly conducted to a happy period. A rupture with Spain, the loss of two mil- lions, were prospects little agreeable to this pacific and indigent monarch. But, finding his only son bent against a match, which had always been opposed by his people .and his parliament, he yielded to difficul- fies which he had not courage or strength of mind putficient to overcome. The prince therefore, and Huckinghani, on their arrival at London, assumed entirely the direction of the negociation, and it wa^ their business to seek for pretences, by whicli they could give a colour to their intended breach of treaty. Though the restitution of the palatinate had ever been considered by James as a natural or necessary c^^isequcnce of the Spanish alliance, he had always forbidden his ministers to insist on it as a preliminary article to the conclusion of the marriage treaty. Ho considered, that this principality was now in the liands of the emperor and the duke of Bavaria ; and tliat it was no longer in the king of Spain's power, by a single stroke of his pen, to restore it to its ancient master. The strict alliance of Spain with these princes would engage I'hilip, he thought, to soften so disagreeable a demand by every art of negociation ; and many ai- ticles must of necessity be adjusted, before such an im- portant point could be effected. It was sufficient, in James's opinion, if the sincerity of the Spanish court could, f(U- the present, be ascertained ; and, dreading further delays of the marriage, so long wished for, he was resolved to trust the palatine's full restor.ition to the event of future counsels and deliberations. MARRIAGE TREATY BROKEN. This whole system of negociation Buckingham now reversed ; ami he overturned every supposition upon which the treaty had hitherto been conducted. After many fruitless artifices were employed to delay or pi-e- vent the espousals, Bristol received positive orders not to deliver the proxy, ■nhicli had been left in his hands, or to' finish the marriage, till security were given for the full restitution of the palatinate. I'hilip understood this language. He had been acquainted with the dis- gust received by Buckingham ; and deeming him a man capable of sacrificing to his own nngnvcrnable passions the greatest interests of his master and of his country, he had expected, that the unbounded credit of that favourite would be employed to enibrnii the two nations. Determined, however, to throw tli.' blame of the rupture entirely on the English, he de- livered into Bristol's hand a written promise, by which he bound himself to procure the restoration of the pala- tinate, either Ijy persuasion, or by every other possible means ; and when he found that this concession gave no satisfaction, he ordered the infanta to lay aside the title of princess of Wales, which she bore after the arrival of the dispensation from Rome, and to drop the study of the English language. And thinking that such rash counsels, as now governed the court of England, would not stop at the breach of the marriage treaty, he ordered preparations for war immediately to be made throughout all his dominions. Thus Janus, having, by means inexplicable from the ordinary rules of politics, conducted so near an ho- nourable jjeriod the marriage of his son, and the resto- ration of his son-in-law, failed at last of his purpose, by means equally unaccountable. But, though the expedients already used by Buck- ingham were suflacieutly ingloriouj both for himself and for the nation, it was necessary for him, ere he could fully effect his purpose, to employ artifices still more dishonourable. I(ii2'l. The king having broken with Spain, was obliged to concert new measures ; and without the assistance of parliament, no effectual step of any kind could be taken. The benevolence, which, during the interval, had been rigorously exacted for recovering the palatinate, though levied for so popular an end, had ])rocured to the king less money than ill-will from his subjects.* Whatever discouragements, therefore, he might receive from his ill agreement with former parliaments, there was a necessity of summoning once « To show by what violent measures benevolences were usually r«jset!. Johnstone tells us, in his Heriim Brttaiiiiicarum Hi.ttori(i, that Barnes, a citi- zen of London, was the first \vhr> refused to contribute anything; upon whicli the tre:^surer sent him word, that he must immediately prepare himself (o carry by ixist a dispatch into Ireland, The citizen was glad to mauc h,-: peace, by pavin;; a hundred pounds ; and no one dimt afterwards refiue the benevolenc*- reijuired. See further. Coke,}). tX). J V m m^' _4^ '\ '-*■ Vi- M Engraved by W J Edwards. .^AMRS i5 VTRTUK CriAr. XMX. JAMES I. 1603—1625. 585 mo?'e iliis asse'.iibiv : and it niiglit bo hoped, that the Spanish alliance, which gave such imibrage, being abandoned, the commons would now be better satis- fied with tlie king's administration. In his speech to the houses, (19th February,) James dropped some hints of his cause of complaint against Spain ; and he trraeiously condescended to ask the advice of parlia- ment, wliich he had ever before rejected, with regard to the conduct of so important an aftair as his son's niarnago. Buckingham delivered, to .a committee of lords and commons, .a long narrative, which he pre- tended to be true and complete, of every step taken in the negociations with Philip : but partly by the sup- pression of some facts, partly by the false colouring laid on others, this narrative was calculated entirely to mislead the parliament, and to throw on the court of Spain the reproach of artifice and insincerity. lie said that, after manyyears'negociation, the king found not himself any nearer his purpose ; and that Lii^tol liad hcver brought the treaty beyond general profes- sions and declarations : that the prince, doubting the good intentions of Sp.iin, resolved at last to take a journey to Madrid, and put the matter to the utmost trial : that he there found such artificial dealing as made him conclude all the steps taken towards the marriage to be false and deceitful : that the restitution of the palatinate, which had ever been regarded by the king as an essential preliminary, was not seriously in- tended by Spain ; and th.at, after enduring much bad iisage, the prince was obliged to return to England, without any hopes, either of obtaining the infanta, or of restoring the elector-palatine. This narrative, which, considering the importance of the occasion, and the solemnity of that assembly to which it was delivered, deservi'S great blame, was yet vouched for truth by the prince of Wales, who was present ; and the king himself lent it, indirectly, his authority, by telling the j^arliament that it wa.s by his orders jiuckingham laid the whole aftair before them. The conduct of those jirinces it is difficult fully to excuse. It is in vain to plead the youth and in- experience of Charles ; unless his inexperience and youth, as is probable, [Sec nnle 5 M, at llie end nf /,'iis lul.,1 if not certain, really led hitn into error, and made him swallow all the falsities of Unckingham. And though the king was here hurried from his own measures by the impetuosity of others ; nothing sliould have induced him to prostitute his character, and seem to vouch the impostures, at least false colomings, of his favourite, of which he had so good reason to entertain a su.spicion.* Buckingham's narrative, however artfully disguised, contained so many contradictory circumstances, as were sufficient to open the eyes of all reasonable ineii ; but it concurred so avcU v.itli the passions and preju- dices of the parliament, that no scniple was made of immediately adopting it. Charmed with having ob- tained at length the opportunity, so long wished for. of going to war with papists, they little thought of future consequences ; but immediately advised the king to break oflFboth treaties with Spain, a.^ well that which regarded the marriage, as that for the resti- tution of the palatinate. The people, ever crecdy of war till they suffer by it, displayed their triumph at these violent measures by public bonfires and rejoic- ings, and by insults on the Spanish ministers. Buck- ingham was now the favourite of the public, .and of the parliament. Sir Edward Coke, in the house of com- mons, called him the saviour of the nation. Every ])lace re?ounded with his praises. And he himself, intoxicated by a popularily which he enjoyeil so little time, and which he so ill deserved, violated all duty to liis indulgent master, and entered into cabaLi with the puritanical members, who had ever opposed the royal • (t mvKl, novCT-er. be confrtscd, tliat the Vine nftenvnTdx wurpM th- tlAUse rnt fo m^ic llLckinJibAril s imrTTitiv-e for hlf, th.X'gh it wai Lvd bcforv lli-m by Disorder. J'irl. Hist. vnl. vi, p. I(H, James wiiB pmtcll/ .V^AU1.^1 to hare beeo carried so far by bis lavouricc Vol. I. authority. lie oven encouraged schemes for aholjsk- ing the order of bishops, and selling the dean and chajiter lands, in order to defray the expenses of a Spanish war. And the king, though he still enter- tained projects for temporising, and for forming an ac- commodation with Spain, wa.s so borne down by the torrent of popular prejudices, conducted and Increased by Buckingham, that he was at last obliged, in a speech to parliament, to declare in favour of hostile measures, if they would engage to support him. Doubts of their sincerity in this respect, doubts which the event showed not to be ill-grounded, had probably been one cause of his formei' pacific and dilatory mea- sures. In his speech on this occasion, the king began TvitU hinienting his own nnhappiness, that, having e.o li>U£; valued himself on the epithet of the pacific monarch, he should now, in his old age, be obliged to exclianee the blessings of peace for the inevitable calamities of war. He represented to them the immense and cou- tinned expense requisite for miUtary armaments ; and besides supplies from time to time, as they should become necessary, he demanded a vote of si.x subsidies and twelve fifteenths, as a pro])er stock before the commencement of hostilities. He told them of his intolerable debts, cliicfiy contracted by the sums re- mitted to the j)alatine ; [See note 5 N, at llie end nf Oils To/.;] hut he added, that ho did not insist on any sup- ply for his own relief, .and that it was sufficient for him, if the honour and security of the public were provided for. To remove all suspicion, he, who had over strenuously maintained his prerogative, and who had even extended it in some points esteemed doubt- ful, now made an imprudent concession, of which the consequences might have proved fatal to royal autho- rity : he voluntarily oifered, that the money voted should be paid to a committee of parliament, .and should he issued by them, without being intrusted to his management. The commons willingly accepted of this concession, so unusual in an English inon,arch ; they, voted him only three subsidies and three fif- teenths : and they took no notice of the conipLaints wliich he made of bis own wants and necessities. Advantage was also taken of the jiresent good agree- ment between the king and parliament, in order to pass the bill against monopolies, which had formerly been encour,aged by the king, but which had failed by the nipture between him and the last house of com- mons. This bill was conceived in such terms as to render it merely declaratory ; and all monopolies were condemned as contrary to law and to the known liber- ties of the people. It was there supposed, that every subject of England had entire power to dispose of his own .actions, jirovided he did no injury to any of his fellow-subjects ; and that no prerogative of tlie king, no power of any magistrate, nothing but the authority .alone of laws, could restrain that unlimited freedom. The full prosecution of this noble principle into all its natural consequences has at last, through m.any con- tests, produced that singular and happy government which wo enjoy at present. [See Note b(),al the end of this Vol.] The house of commons also corroborated, by a new precedent, the important power of impeachment, wliicli, two years before, they had exercised in tho case of chancellor Bacon, and which li.ad liiin dormant for near two centuries, except when they served as instruments of royal vengeance. The earl of Middle- sex had been raised, by Buckingham's interest, from the rank of a London meichant, to be treasurer of England ; and, by his activity and address, seemed not unworthy of that prefcmient. Biit as he incurred the displeasure of his patron, by scrupling or refusing some demands of money, dunng the prince's residence in Spain, that favourite vowed revenge, and employed all his credit among the commons to procure an ioi- 300,000 pounda. 4 F SS6 THK HISTORY OF ENGLAND. [Ch,u>. XLDL ppaclimcnt of the lioasiircr. Tl-.e Iviiig was extremely dissatisfied with tlirj inensuio, and inoiiljesieil to the prince and dnko, th.it they wonld live to have tlieir fill of parliamentary prosccutious. In a speeeli to the parliament lie eiideavoured to apologise for Jliddlesex, and to siiften the accnsation against him. Tlie charge, liowover, w.is still maintained hy tlio commons ; and the treasurer was found guilty hy the peers, though the misdemeanors proved ag.iiiist him were neitlicr numerous nor important. The accepting of two pre- sents of five hundred pounds a-piece, for passing two patents, was the article of greatest weight. His sen- tence was, to be fined 50,000 pounds for the king's lise, and to sutler all the other penalties formerly in- flicted upon Bacon. The fine was afterwards remitted by the jirince, when he mounted the throne. This session an address was also made, very dis- agreeable to the king, craving the severe execution of the laws against cathohcs. His answer w.as gra- cious and condescending ; though he declared against persecution, as being an improper measure for tlie sup- pression of any religion, according to the received ninxini, " That the blood of the martyrs urns the seed of the church." He also condemned an entire indulgence of the catholics ; and seemed to represent a middle course as the most humane and most politic. Ho went so far as even to affirm, with an oath, that ho never had entertained any thoughts of granting a toleration to these religionists. The liberty of exer- cising their worship in private houses, which he had secretly agreed to in the Spanish treaty, did not ap- pear to hiui deserving that name ; and it was probably by means of tliis explication, he thought that he had saved his honour. And as Buckingham, in his narra- tive, confessed that the king had agreed to a tempo- rary suspension of the penal laws ag.ainst the catholics, which he distinguished from a toleration — a term at that time extremely odious — James naturally deemed his meaning to be sufficiently explained, and feared not any reproach of falsehood or duplicity, on account of this asseveration. After all these transactions, the jiarliament was prorogued by the king, (29th May,) who let fall some hints, though in gentle terms, of the sense which he entertained of their unkindness, in not supplying his necessities. James, unable to resist so strong a combination as that of his people, his parliament, his son, and his favourite, had been compelled to embrace measures, for which, from temper as well as judgment, he had ever entertained a most settled aversion. Though lie dissembled his resentment, he began to estrange him- self from Buckingh.im, to whom he ascribed all those violent counsels, and whom he considered as the author both of the prince's journey to Spain, and of the breach of the marriage treaty. The arrival of Bristol lie im- patiently longed for; and it was by the assistance of that minister, whose wisdom he respected, and v.'iiose views he approved, that he hoped in time to extricate himself from his present difKculties. RETURN OF BRISTOL. During the prince's abode in Spain, that able nego- ciator liad ever opposed, though unsuccessfully, to the impetuous measures suggested by Buckingham, his own wise and well-tempered counsels. After Charles's departure, he still, upon the first appearance of a change of resolution, interposed his advice, and stren- uously insisted on the sincerity of the Spaniards in the conduct of the treaty, as well as the advantages which England must reap from the completion of it. En- raged to find that his successful labours should be rendered abortive by the levities and caprices of an insolent minion, he would nuderstand no hints ; and nothing bui express orders from his master could en- gage him to make that demand which he was sensible must put a final period to tlie treaty. He was not tJierefore surprised to hear that Buckingham had de- clared himself his ojien enemy, and, on (ill occ.isions, hail thrown out many violent reflections against him. Nothing could be of greater consequence to l^uek- iiigham than to keep Bristol nt a distance both from the king and the parliament; lest the power of truth, enforced by so well-ir.formed a speaker, should open scenes, which woic but suspected by the foinicr, and of which the latter had as yet entertained no manner of jealousy. He applied therefore to James, wliose weakness, disguised to himself under the appearance of finesse and dissimulation, was now become absolutely incurable. A warrant for sending Bristol to the Tower was issued immediately upon his arrival in England ; and though he was soon released from con- finement, yet orders were carried him from the king to retire to his country-seat, and to abstain from all attendance in parliament. He obeyed ; but loudly de- manded an opportunity of justifying liimself, and of laying his whole conduct before his master. On all occasions he protested his innocence, and threw on. his enemy the blame of every miscarriage. Buckingham, and, at his instigation, the prince, declared, that they would be reconciled to Bristol, if he would but ac- knowledge his errors and ill-conduct: but the spirited nobleman, jealous of his honour, refused to buy favour at so high a price. James had the equity to say, that the insisting on that condition was a strain of unex- ampled tyranny : but Buckingham scrujiled not to as- sert, with his usual presumption, that neither the king, the prince, nor himself, were as yet satisfied of Bristol's innocence. While the attachment of the prince to Buckingham, while the timidity of James, or the shame of changing his favourite, kejit the whole court in awe, the Spanish ambassador, Inoiosa, ende.ivoured to open the king's eyes, and to cure his fears, by instilling greater fears into him. He privately slipped into his hand a paper, and gave him a signal to read it alone. He there told liim, that he was as much a prisoner at London as ever Francis I. was at Madrid ; that the prince and Bucking- ham had con.spired together, and had the whole court at their devotion ; that c.ibals among the popular leaders in parliament were carrying on to the extreme pre- judice of his authority ; that the project was to confine him to some of his hunting-seats, and to commit the whole administration to Charles ; and that it was ne- cessary for him, by one vigorous effort, to vindicate his authority, and to punish those who had so long and so much abused his friendship and be&eficence. RUPTURE WITH SPAIN. What credit James gave to this representation does not appear. He only discovered some faint symiitoms, whicli he instantly retracted, of dissatisfaction with Buckingham. All his public measuies, and all the alliances into which he entered, were founded ou the system of enmity to the Austrian family, and of war to be carried on for the recovery of the palalinaie. The states of the United Provinces were, sX this time, governed by Maurice ; and th.i't aspirina; Drmce, .sensible that his credit would languish durintr iJeaee, had, on the expiration of the twelve years^ tiiice, re- newed the war with the Spanish monarcliy. His yreat capacity in the military art would have comjiensated the inferiority of his forces, had not the Spanis'n armies been commanded by Spinola, a general equally re- nowned for conduct, and more celebrated for enter- prise and activity. In such a situation, nothing could be more welcome to the republic than tlio prospect of a rupture between James and the catholic king; and they ilattered themselves, as well from the natural union of interests between them and England, as from the influence of the preseut conjuncture, tliat powerfii. succours would soon iTiarch to their relief. Accord- ingly, an army of six thousand men was levied in England, and sent over to Holland, commanded hy four young noblemen, Essex, 0.\foril, Soutliamptnn, Chap. XLIX.] JAMES I 1603—1625. 587 nndWillougUby, who nnre ambitious of distiiiguisliiiif; tlipinsclvc'S in so popular a cause, and of acquiring itiiiitary experience under so renewed a captain as Maurice. TREATY WITH FRANCE. It miglit reasonably b.ave been expected that, as re- ligious zeal bad made tlie recovery of tlie palatinate appear a point of such vast importance in England ; the same efl'ect must have been produced in France, by the force merely of political views and considera- tions. While tliat principality remained in the hands of the bouse of Austria, the French dominions were surrounded on all sides by tlie possessions of that am- bitious family, and might be invaded by superior forces from every quarter. It concerned the king of Fiance, therefore, to prevent the peaceable establishment of the em| eror in bis new conquests; and, both by the situation and greater power of bis state, be was much better enabled than James to give succour to tlie dis- tressed palatine. Hut though these views escaped not Louis, nor cardinal Ricblieii, who now began to ac- quire an ascendant in the French court, that minister was determined to pave the w.ay for his enterprises by first subduing the bugonots, and thence to proceed, by mature counsels, to bumble the house of Austria. The prospect, however, of a conjunction with England was presently embraced, and all imaginable encouragement w.is given to every proposal for conciliating a mar- riage between Charles and the ])riiicess Henrietta. Notwithstanding the sensible experience, which James miglit have acqnired, of the unsurmounl.ablo antipathy entertained by his subjects against an alli- ance with catbidics, he still persevered in the opinion, that his son would be degraded by receiving into bis bed a princess of less than royal extraction. After the rupture, therefore, with Spain, nothing remained but an alliance with France; and to that court he im- mediately applied himself The same allurements had not here place, which bad so long entangled him in the Spanish negocialion : the portion promised was much inferior; and the peaceable restoration of the palatiue could not thence be expected. liut James was afraid lest his son should be altogetlier disappointed of a bride ; and therefore, as soon as the French king de- manded, for the honour of his crown, the same terms which had been granted to the Spanish, he was pre- vailed with to comply. And as the prince, during his abode in Sjiaiii, had given a verbal promise to allow the infanta the education of her children till the age of thirteen, this article was here inserted in the treaty; and to that imprudence is generally imputed the jire- sent distressed condition of his posterity. The court of England, however, it must be confessed, always pre- tended, even in their memorials to the French court, that all tlie favourable conditions granted to the catho- lics were inserted in the marriage treaty merely to please the pope, and that their strict execution was, by an agreement with France, secretly dispensed with. ISee note 5 P, a! the end of this Vol.] As much as the conclusion of the marriage treaty vtna acceptable to the king, as mucli were all the mili- tary enterprises disagreeable, both from the extreme difficulty of the undertaking in which he was engaged, and from his own incapacity for such a scene of ac- tion. During the Spanish negociation, Heidelberg and Manheiin had been taken by the imperial forces; and Frankendale, tliough the garrison was entirely Eng- lish, was closely besieged by them. After reiterated remonstrances from James, Spain interposed, and pro- cured a suspension of arms during eigliteen months. But as Fiankendale was the only place of Frederic's ancient dominions which was still in his hands, Ferdi- nand, desirous of withdrawing bis forces from the palatinate, and of leaving that state in security, was unwilling that so important a fortress should remain in the possession of the enemy. To compromise all dii"- ferenccs, it was agreed to sequestrate it into the hands of the infanta, as a neutral person; upon condition that, after the expiration of the truce, it should be de- livered to Frederic; though pe.ice should not, at that time, be concluded between him and Ferdinand. After the unexpected rupture with Sjjain, the infanta, when .Tames demanded the execution of tlie treaty, offered him peaceable possession of Frankendale, and even jjiomised a safe-condnct for the garrison through the Spanish Netherlands : but there was some terri- tory of tlio empire interposed between her state and the palatinate; and for pass.age over that territory no terms were stipulated. Dy this chicane, which cer- tainly bail not been employed if amity with Spain had been preserved, tlie palatine was totally dispossessed of his patrimonial dominions. IIANSFELDT'S EXPEDITION. The English nation, however, and James's warlike council, were not discouraged. It was still deteiniined to reconquer the pal.atinate; a state lying in the midst of Germany, possessed entirely by the emperor and duke of Bavaria, surrounded by potent enemies, and cutoff from all communication with England. Count Mansfeldt was taken into pay: and an English army of twelve thousand foot and two hundred horse was levied by a general press thioughout the kingdom. During the negociation with France, vast promises had been made, though in general terms, by the French ministry; not only that a free [lassage should bo granted to the English troops, but that powerful suc- cours should also join them in their march towards the palatinate. In England, all these professions were hastily interpreted to be positive engagements. The troops under JIansfeldt's command were embarked at Dover in December ; but, upon sailing over to Calais, found no orders yet arrived lor their admission. After waiting in vain during some time, they were obliged to sail towards Zealand ; where it bad also been neglected to concert proper measures for their disembarkation ; and some scruples arose among the States on account of the scarcity of provisions. Jleanwbile a pestilen- tial distemper crept in among the English forces, so long cooped up in narrow vessels. JIalf the army died while on board ; and the other half, weakened by sickness, appeared too small a body to march into the palatinate 1(125. And thus ended this ill-concerted and fruitless expedition; the only disaster which liap- [lened to England during the prosperous and pacific reign of James. DEATH OF THE KING. That reign was now drawing towards a conclusion. With peace so successfully cultivated, and so passion- ately loved by this monarch, his life also terminated. This spring hn was seized with a tertian ague; and, when encouraged by his courtiers with the common proverb, that such a distemper, during that season, was health for a king, he reidied, that the proverb was meant of a young king. After some fits, he found himself extremely weakened, and sent for the prince, whom he e.\horted to bear a tender affection for his wife, but to preserve a constancy in religion ; to pro- tect tlie church of England ; ami to extend his care towards the unhappy family of the palatine. With decency and courage he prepared hiniselt for his end ; and he expired on the twoaty-seventh of March, after a reign over England of twenty-two years and some days, and in the fil'ty-niuth year of his age. His reign over Scotland was almost of equal duration with his life. In all history, it would bj difficult to find a reign less illustrious, yet more unspotted and unble mislied, than th.it of James in both kingdoms. S88 THE HISTORY OF ENGLAND. [ ArrExnt" niS CIIAHACTEn. Nopiinco, so little cntoipiiNinjr, nnd so iiioffensivo, was ever so imicli csposcd to tlie ojiposite cxtieuics of calumny auJ flutteiy, of satire aiul jwiipgyric. And tl.i- factions, wliicli began in his time, being still con- tinncil, have made his character be as mucli dispnted to this day, as is coninionly that of princes who are our contemporaries. JIany virtnes, however, it must be 0" ned, he was possessed of ; but scarce any of them piMe. or free from the contatjion of tlie neighbouring vices. His generosity bordered on profusion, his learning on pedantry, his pacific disposition on pusil- lanimity, his wisdom on cunning, his fricmlship on li;.'!it fiincy and boyish fondness. While ho imagined that he was only maintaining his own authority, he n)ny perhaps be suspected, in a few of his actions, and still more of his pretensions, to have soniewluat en- croached on the liberties of his people: while he en- deavoured, by an exact neutrality, to acquire the good- will of .all his neighbours, he was able to preserve fully tlie esteem and regard of none. His cajiacity was con- siderable ; but fitter to discourse on general maxims than to conduct any intricate business : his intentions were just ; but more adapted to the conduct of private life, than to the government of kingdoms. Awlcward in his person and ungainly in his manners, he was ill qualified to command respect ; partial and undiscern- ing in his affections, he was little fitted to acquire general love. Of a feeble (omper more than of a frail judgment: exposed to our ridicule from his vanity; but exempt from our hatred by his freedom from pride and arrogance. And upon the whole, it m.ay be pro- nounced of his character, that .all his qu.alities were sullied with weakness and embellished by humanity. Of political courage he certainly w.as destitute ; and thence chiefly is derived the strong jirejudice which prevails against his personal bravery — an inference, however, which must be owned, from general experi- ence, to be extremely fallacious. He was only once married, to Anne of Denmark, who die.l on tlie 3id of Mnicli, 101!), in the forty-fifth year of her age ; a woman emineut neither for her vices nor her virtues. She loved shows and expensive amusements; but possessed little taste in her jdea- .sures. A great comet appeared about the time of her death ; and the vulgar esteemed it the prognostic of that event. So considerable in their eyes are even the most insignificant princes ! He left only one son, Charles, then in the twenty- fifth year of his age ; and one daughter, Elizabeth, mar- ried to the elector-palatine. She was aged twenty-nine years. Those alone remained of six legitimate children born to him. He never had any illegitimate; and he never discovered any tendency, even the smallest, to- wards a passion for any mistress. The archbishops of Canterbury, during this reign, were Whitgift, who died in 1C04 ; Bancroft, in 1610 ; .^bhot, who survived the king. The chancellors, lord KHesmore, who resigned in 1(517 ; Bacon was first lord-keeper till 1019 ; then was created chancellor, .and was displaced in llj2\ : Williams, bishop of Lincoln, was created lord-keeper in his place. Tlie high-trea- surers were, the earl of Dorset, who died in l(iO!) ; the earl of S.alisbuiT,in 1G12; the ciirl of Suffolk, fined and displaced for bribery in 1018 ; lord Wandeville, resigned in 1021 ; the earl of Middlesex, displaced in 1024," the earl of M.arlborough succeeded. The lord-admirals were, the earl of Nottingham, who resigned in lOKi : the c.arl, afterwards duke of Buckingham. The secre- taries of state were, the earl of Salisbury, sir Ralph Winwood, Nanton, Calvert, lord Conway, sir Albertus >[oreton. The numbers of the house of lords, in the first parlia- ment of this reign, were seventy-eight tempor.al peers. The numbers in the first parliament of Charles were ninety-seven. Consequently James, during that period, wealed nineteen new peerages above those that expired. The house of commons, in the flisl parliament of tl.is reign, consisted of four hundred and sixty-seven members. It appears, that four borouglis revived their charters, wdiich they liad formerly neglected. And as the first parliament of Ch.arles consisted of four hun- dred and ninety-four members, we may iufei' that James created ten new boroughs. APPENDIX TO THE REIGN OF JAMES !• Civil Government of Enjjland during this WTio*! Ecclcsi-istioftl Govern- ment Mannei-s Finances Navy foinmer..e Maniifacturea Colonies Learning and Arts. IT may not be improper, at this period, to make a pause ; and to take a survey of the state of the kingdom with regard to government, manners, finances, arms, trade, learning. Where a just notion is not formed of these jiarticulars, history can be little in- structive, and often will not be intelligible. CIVIL GOYERNJIENT OF ENGLAND. We may safely jn-onounce, that the English govern- ment, at the accession of the Scottish line, was much more arbitrary than it is at present ; the iircrogative less limited, the liberties of the subject less accurately defined and secured. Without mentioning other par- ticulars, the courts .alone of high-commission and star- chamber were sufficient to lay the whole kingdom at the mercy of the prince. 'I he court of high-commission had been erected by Elizabeth, in consequence of an act of parliament, passed in the beginning of her reign : by this act, it was thought jiroper, during the great revolution of religion, to arm the sovereign with full powers, in order to dis- courage and suppress opposition. All appeals from the inferior ecclesiastical courts wei'e carried before the high-commission ; and, of consequence, the whole life and doctrine of the clergy lay directly under itsinsjioc- tiou. I'.very breach of the act of uniformity, e\'ery re- fusal of the ceremonies, was cognizable in this court ; and during the reign of Elizaljetli, had been punished b}- deprivaticn, by fine, confiscation, and imprisonment. .James contented himself with the gentler penalty of deprivation ; nor was that jninisliment inflicted with rigour on every offemler. Archbishop Spotswood tells us, that he w.as informed by Bancroft, the jirimafe, se- veral years after the king's accession, that not above forty-five clergymen had then been deprived. All the catholics too were liable to be punished by this court, if they exercised any act of their religion, or sent abroad their children or other relations, to receive that education which they could not procure them in their own country. Tojjish priests were thrown into prison, and might be delivered 'over to the law, which puni.shed them with death ; though that severity had been sparingly exercised by F.lizabeth, and never almost by James. In a word, that liberty of conscience, which we so highly and so justly value at present, was totally suppressed ; and no exercise of any religion but the established was permitted throughout the king- dom. Any word or writing, which tended towards heresy or schism, was punishable by the high-commis- sioners, or any three of them : they alone were judges what expressions had that tendency : they proceeded not by iiiforniatiou, but upon rumour, suspicion, or ac- cording to their discretion ; they administered an oath, by which the party cited before them was botmd to * The lilstrrv of the liouse of Stuart M-ai written and pnlilislicd liy tlie au- Ihor before thc'liistory of the house of 'riKtor. Hcjiee it liapi-ens that some oo-ssas'e^. paiticiilailv in the present Anpei.dix, mav seem to lie ivpetiiiuns of « hat was f.inmrh . In Cliamlwrs's case it u-as the un&nimous opinion of the Court of Kinifs tlcnch, that the court of star chamber was not (Wrivril from tlic statue of llcnry VII., but u-a« a court many \cars before, .inti one of the most hifih and honountbtc courts of justice See Coke's Itcp. tenn. KItch. SCar. I. Sec furtiicr Camden's IJriu vol. i. Introd. p. 254. edit, of Gll^son. * Otiring sevenil centuries, na reign h>ts jia-tcd irithout some fctxed loan ftOTQ tlic subject. narchy, simple and unmixed, was conceived to be the government of England ; and those popular a-ssembliea were supposed to fjrm only the ornament of the fabric, without being iu any degree essential to its being and existence. [&-ff no/tf 5 Q at the end of this Vol.] The ' prerogative of the crown was rejiresented by la'wyers as something real and durable ; like those eternal es- sences of the schools which no time or force could alter. The sanction of religion was by divines called in aid; and the monarch of heaven was supposed to be inte- rested in supporting the authority of his earthly vice- gerent. And though it is pretended that these doc- trines were more openly inculcated and more stren- uously insisted on during the reign of the Stuarts, they were not then invented ; and were only found by the court to be more necessary at that period, by reason of the opposite doctrines which began to be promulgated by the puritanical party. ISee noleC>U,al the end o, this Vol.'] In consequence of these exalted ideas of kingly au- thority, the prerogative, besides the articles of jurisdic- tion founded on precedent, was by many supposed to possess an inexhaustible fund of latent iiowers, which might be exerted on any emergence. In every go- vernment, necessity, when real, supersedes all laws and levels all limitations ; but in the English government, convenience alone ivas conceived to authorize any ex- traordinary act of regal power, and to render it obliga- tory on the people. Hence the strict obedience re- quired to proclamations, during all periods of the English history ; and if Jaincs has incurred blame on account of his edicts, it is only because he too frequently issued them at a time when they began to bo less re- garded, not because he first assumed or extended to an unusual degree that exercise of authority. Of his maxims in a parallel case, the following is a pretty re- markable instance. Queen Elizabetli had appointed commis-sioners for the inspection of prisons, and had bestowed on theni full discretionary powers to adjust all differences be- tween prisoners and their creditors, to compound debts, and to give liberty to such debtorsasthey found honest and insolvent. From the uncertain and undefined na- ture of the English constitution, doubts sprang up in many, that this commission was contrary to law ; and it was represented in that light to James. lie forbore renewing the commission till tho fifteenth of his reign; when complaints rose so high, with regard to the abuses practised iu prisons, that he thought himself obhged to overcome his scruples, and to appoint new commis- sioners, invested with the same discretionary powers which Elizabeth had formerly couferred. Upon the whole, we must conceive that monarchy, on the accession of the house of Stuart, was possessed of a very extensive authority : an authority, in the judgment of all, not exactly limited; iu the judgment of some, not limitable. But, at the same time, this authority was founded merely on the opinion of the people, influenced by ancient precedent and example. It was not supported either by money or by force of arms. And, for this reason, we need not wonder that tho pihices of that line were so extremely jealous of their prerogative : being sensible that, when tlioso claims were ravished from them, they possessed no in- fluence by which they could maintain their dignity, or support the laws. By the changes whicli have since been introduced, the liberty and independence of iudi- vidiuds has been rendered much more full, eutire, and secure ; that of the public more uncertain and preca- rious. And it seems a necessary, though perhaps a melancholy truth, that in every government, the magis- trate must either possess a large revenue and a military force, or enjoy some discretionary powers, in order to execute the laws and support his own authority. ECCLESIASTICAL GOVERNJIENT. \Vg have had occasion to rcmarlc, in so many In- stances, the bigotry which prevailed in that ago, th; t 59D Tin: HISTORY OF ENGLAND. [Appbndis we cnn look for no toleration among the different sects. •l-wo .\i ians. under the title of heretics, were punished bv fire chirin? this period; and no one reigu since the Refonn.uion'h.'id been free from like b.irl..irities. Stowe saT< that these Ariaus were offere»rdon at the stake if thev would merit it by a recantation. A mad- man who called himself the Uoly Ghost was, without anv indulgence for his frenzy, condemned to the same punishment. Twenty pounds a month could by law be levied on every one who frequented not the established worship. This rigorous law, however, had one indul- gent clause, that tho fines exacted should not exceed two-thii-ds of the yearly income of the pei-son. It had been usiuol for Elizabeth to allow those penalties to run on for several yeai-s; and to levy them all at onco ; to tlie utter ruin'of such catholics as had incurred her disple;isure. James w^.is more humane in this, as in everv other respect. The puritans formed a sect which secrellv lurked in the church, but pretended not to any seiwrate worship or discipline. An attempt of that kind would have been universally regarded as the most unpardouable enormity. And had the king been dis- posed to grant the puritans a full toleration for a sepa- rate exercise of their religion, it is certain, from the spirit of the times, that this sect itself would have despised and hated him for it, and would have re- proached him with lukewarmness and indifference in the cause of religion. They maintained, that they themselves were the only pure church ; that their prin- ciples and practices ought to bo established by law ; and that no others ought to be tolerated. It may be questioned, therefore, whether the administration at this time could with propriety deserve the appellation of persecutors, with regard to the purit;ins. Such of the clenrv, indeed, as refused to comply with the legal ceremonies, were deprived of their livings, and some- times in Elizabeths reign were otherwise punished : and ouelit any man to accept of an office or benefice in an establishment, while he declines compliance with the fixed and known rules of that establishment ? But puritans were never punished for frequenting separate congregations ; because there were none such in the kingdom ; and no protestant ever assumed or pretended to the right of erecting them. The greatest well-wish- ers of the puritanical sect would have condemned a practice which in that age . was nnivei-sally, by states- men and ecclesiastics, philosophers and zealots, re- garded as subversive of civil society. Even so great a reasoner as lord Bacon thought that uniformity in reli- gion was absolutely necessary to the support of govern- ment, and that no tolei-alion could with safety be given to sectaries. Nothing bnt the imputation of idolatry, which was thrown on the catholic religion, could justify, in the eyes of the puritans themselves, the schism made by the hugonots and other protestants, who lived in jiopish co-jntries. In all former ages, not wholly excepting even those of Greece and Rome, religious sects and iieresies and schisms had been esteemed dangerous, if not pernicious to civil government, and were regarded as the source of faction, and private combination, and opposition to the laws. The magistrate, tlierefore, applied himself directly to the cure of this evil, as of eveiy other ; and very naturally attempted by penal statutes to suppress those separate communities, and punish the obstinate innovators. But it was found by fatal experience, and after spilling an ocean of blood in those theological quarrels, that the evil was of a peculiar nature, and was both inflamed by violent remedies, and diffused itself more rapidly thronghont the whole society. Hence, though late, arose the paradoxical principle and salutary practice of toleration. The liberty of the press was incompatible with such maxims and such principles of government as then prevailed, and was therefore quite unknown in that age. Besides employing the two terrible courts of Btar-chamber and high-commission, whose powers were n;ilimited, qnecn Elizabeth eserted her authority by restraints upon the press. She passed a decree in her court of star-chamber, that is, by her own will and pleasure, forbidding any book to be printed in auy place but in London, Oxford, and Cambridge : and another, in which she prohibited, under severe penalties, the publishing of any book or pamphlet "against the form or meaning of any restraint or ordinance, contained, or to be contained, in any statute or laws of this realm, or in any injunction made or set forth by her majesty or her privy-council, or against the true sense or mean- ing of any letters-patent, commissions, or prohibitions under tl:e great seal of England." James extended the same penalties to the importing of such hooks from abroad. .\nd, to render these edicts more effectual, lie afterwards iuhibited the printing of any book without a licence from the archbishop of Canterbury, the arch- bishop of York, the bishop of London, or the vice-chaii- ccUor of one of the universities, or of some person ap- pointed by thorn. Ill tracing the coherence among the systems of modern theolosy, we may observe, that the doctrine of absolute decrees has ever been intimately connected with the enthusiastic spirit ; as that doctrine affords the highest subject of joy, triumph, and security to the supposed elect, and exalts them by infinite degi'ees above the rest of mankind. All the first reformers adopted these principles; and the Jansenists too, a fanatical sect in France, not to mention the Mahometans in Asia, h.ave ever embraced them. As the Lutheran establishments were subjected to episcopal jurisdiction, their enthusi- astic genius gradually decayed, and men had leisure to perceive the absurdity of sujiposing God to punish by infinite torments what he himself from all eternity had unchangeably decreed. The king, though at this time his Calviuistic education had rivetted him in the doc- trine of absolute decrees, yet, being a zealous partisan of episcopacy, was insensibly engaged, towards the end of his reign, to favour the milder theology of Arminius, Even in so great a doctor, the geuius of the religion prevailed over its speculative tenets; and with him the whole clergy gradually dropped the more rigid princi- ples of absolute reprobation and unconditional decrees : some noise was at first made about these innovations; but being drowned in the fury of factions and civil wars which ensued, the scholastic arguments made an insignificant figure amidst those violent disputes about civil and ecclesiastical power with which the nation was agitated. And at the Restoration, the church, though she still retained her old subscriptions and articles of faith, was found to have totally changed her speculative doctrines, and to have embraced tenets more suitable to the genius of her discipline and worship, without its being possible to assign the precise period in which the alteration was produced. It may be worth observing, that James, from his great desire to promote controversial divinity, erected a college at Chelsea for the entertainment of twenty persons, who should be entirely employed in refuting the papists and puritans. All the efforts of the great Bacon could not procure an establishment for the cul- tivation of natural philosophy : even to this day, no society has been instituted for the polishing and fi.xiiig of our language. The only encouragement which the sovereign in England has ever given to anything that has the appearance of science, was this short-lived estjihlishment of James ; an institution quite superflu- ous, considering the unhappy propension which at that time so universally possessed the nation for polemical theology. MANNERS, The manners of the nation were agreeable to the monarchical government which prevailed ; and con- tained not that strange mixture which at present dis- tinguishes England from all other countries. Such violent extremes were then unknown, of industry and 1 debauchery, frugality and profusion, civility and riisti- Appendix.] JAMES 1. 160S— 1625 691 city, fanaticism and scepticism. Candour, sincerity, modesty, are tlie only qualities wliicli tlio English of that as^e possessed in conimon witli t!ie present. High pride of family tlien prevailed ; and it was by a diffuity and stateliaess of behaviour, that the gentry and nobility distinguished themselves from the common people. Great riches, acquired by commerce, were more r.are, and had not as yet been able to confound all ranks of nuni, and render money the chief foundation of distinction. Much ceremony took phice in the com- mon intercourse of life, and little familiarity was in- dulged by the great. The advantages which result from opulence are so solid and real, that those uho are possessed of them need not dread the near approaches of their inferiors. The distinctions of birth and title being more emjity and imaginary, soon vanish upon familiar access and acq\iaintance. The expenses of the great consisted in pomp and show, aiul a numerous retinue, rather than in cou\eni- ence and true pleasure. The carl of Nottingham, in his embassy to Spain, was attended by five hundred persons. The earl of Hertford, in that to Brussels, carried three hundred gentlemen along with him. Lord Bacon has remarked, that the English uobility in his time maintained a larger retinue of servants than the nobility of any other nation, except, perhaps, the L'olanders. Civil honours, which now hold the first place, were at that time subnidinate to the military. The young gentry and nobility were fond of distinguishing tliom- selves by arms. The fury of duels too prevailed more than at any time before or since. This was the turn that the romantic chivalry for which the nation was formerly so renowned, had lately taken. Liberty of commerce between the sexes was indulg- ed ; but without any licentiousness of manners. The court was very little an exception to this observation, .fames had rather entertained an aversion and contempt for the females, nor were those young courtiers, of whom ho was so fond, able to break through the estab- lished manners of the nation. The first sedan chair seen in England was in this reign, and was used by tlie duke of Buckingham ; to the great indignation of the people, who c.xchilinod, that ho was employing his fellow-creatures to do the service of beasts. The country life prevails at present in England be- yond any cultivated nation of Europe ; but it was then much more generally embraced by all the gentry. The increase of arts, pleasures, and social commerce, was just beginning to produce an inclination for the softer and the more civilised life of the city. James discou- raged as much as possible this alteration of manners. "He w;is wont to be very earnest," as lord Bacon tells us, " with the country gentlemen to go from Loiulon to their country-seals. And sometimes he woiild say thus to them : ' Gentlemen, at Loudon, you are like ships in a sea, wliicli show like nothing ; but in your country villages yon are like ships in a river, which look like g^reat things.' " He w.as not content with reproof and e.vhortation. As queen Eliz.ibeth had perceived with regret the in- crease of London, and had restrained all new buildings by proclamation ; James, who found that these edicts were not exactly obeyed, frequently renewed them ; though a strict execution seems still to have been want- ing. He also issued reiterated proclamations in imi- tation of his predecessor, containing severe menaces against tho gentry who lived in town. This policy is contrary to that which has ever been practised by all princes who studied the increase of their authority. To allure the nobility to court ; to engage them in ex- pensive pleasures or employments which dissipate thcli fortune; to increa.se their subjection to ministers by attendance; to weaken their authority in the provinces by absence : these h.ave been the common arts of ar- bitrary government. But James, besides that he had coi'taiuly Inid no plan for extending his power, had no money to support a splendid court, or bestow on a. nu- merous retinue of gentry and nobility. He thought too that by their living together, they lietanie more sensible of their own strength, and were apt to indulge too curious researches into matters of goverument. I'o remedy the present evil, he was desirous of dis- persing them into their couuti y-seats ; w here, he hoped, they would bear a most submissive reverence to his authority, and receive less support from each other. ]ii:t the contrary effect soon followed. The riches amassed during Ihcir residence at home rendered them independent. The influence acquired by hospitality made them formidable. They would not be led by the court : they could not be driven : and thus the system of the English government received a total and a sud- den alteration in the course of less than forty years. The first rise of commerce and the arts had contri- buted, in preceding reigns, to scatter those immense fortunes of tlie barons which rendered them so formid- able both to king and people. 'I'he further progress of these advantages began during this reign to ruin the small proprietors of land; and, by both events, tho gentry, or that rank which composed the house of com- mons, enlarged their power and authority. The early improvements in luxury were seized by the greater noblcs; whose fortunes, placing tliem above frugality, or even calculation, were soon dissipated in expensive pleasures. These improvements reached at last all men of property ; and those of slender fortunes, who at that time were often men of family, imitating those of a rank immediately above them, reduced themselves to poverty. Their lands, coming to sale, swelled the estates of those who possessed riches sufficient for the fashionable expenses ; but who were not ex- empted from some cai e and attention to their domestic economy. The gentry also of that age were engaged in no ex- pense, except that of country hospitality. No taxes weie levied, no wars waged, no attendance at court ex- pected, no bribery or profusion required at elections.* Coidd human nature ever reach happiness, the condi- tion of the English gentry under so mild and benign a liiiuce, might merit that appellation. FINANCES. The amount of the king's revenue, as it stood in 1017, is thus stated :+ of crown-lauds, 80,000 pounds a year; by customs and new impositions, ne,ar 190,000; by n ards and other various branches of revenue, beside jiurveyance, 180,000. The whole amounting to 450,000. The king's ordinary disbursements, by the same ac- count, are said to exceed this sum thirty-six thousand pounds. t All the extraordinary sums which James had raised by subsidies, loans, sale of lands, sale of the title of baronet, money paid by the Slates, and by the king of France, benevolences, &c., were in tho whole about two millions two hundred thousand pounds : of which the sale of lands afforded seven bundled and seventy-five thousand pounds. The extraordinary dis- bursements of the king amounted to two millions ; be- side above four hundred thousand pounds given in presents. Llpon the whole, a sufficient reason appears, partly from necessary expenses, partly for want of a rigid economy, why the king, even early in his reign, was deeply involved in debt, and found great difficulty to sujiport tho government. Farmers, not commissioners, levied the customs. It seems, indeed, requisite, that the former method should always be tried before the latter, though a prcferablo one. When men's own interest is concerned, they fall upon a hundred expedients to prevent fraudsin the mcr- • Men seem llien tn have been am'nitious of representing the conr.tie?, hut earclc'.s of the hurouirhs. A seat in tlie iioiise was in itself of sniftll import- fince: hut the funncr hccainc a point of honcur amonR tlie gentlcnieti, Journ. lu February, lUOn. Towns which hail forircrly neglected then ligijt of sttnilnp members, now be^^n to claim it. Joum. 2() February-, Ifii'J. t An abstract or brief declaration of li;s .Majesty's revenue, .vi:h if.j. '.air- nations and del'alcati'ns upon Ihesamt^ Z rhc cxeeAs wax formerly greater, as .nppear^ by Rallsbtlr^*'s A.-ixiiint. Se ehrt(% ^- 692 THE HISTORY" OF ENGLAND. [Arrr.N-'n2, chants ; and these tlie public may afterwards imitate in establisliiii}; proper ruKs for its officers. The customs were supposed to amount to five per cent, of the value, and were levied upon exjiortsas well us imports. Nay, the imposition upon e.\ports, by James's additions, is said to amount in some lew in- stances to twenty five per cent. This jiraetice, so hurtful to industry, jjrevails still in France, Sp.ain, and most countries of Kuro))0. The customs in 1G(I4, yielded i 127,000 jjounds a ycai-, they rose to l'JO,000 towards the end of the reign. Interest, during this reign, was at ten per cent, till 1624, when it was reduced to eight. This high interest isaii iudication of the great profits and small progress of commerce. The extraoi'dinary supplies granted by parliament during this whole reign amounted not to more than 030,000 pounds; which, divided among twenty-one years, makes 30,000 pounds a-year. I do not include those supjilies, amounting to 300,000 pounds, which were given to the king by his last parliament. These were paid in to their own commissioners; and the ex- penses of the Spanish war were much more than snfK- cienl to exhaust them. The distressed family of the palatine was a great burden on James, during part of his reign. The king, it is pretended, possessed not fru- gality i)roportionod to the extreme narrowness of his revenue. Splendid equijiages, however, he did not aflFect, nor costly furniture, nor a luxurious table, nor prodigal mistresses. His buildings too were not sump- tuous; though the Banqueting-house must not be for- gotten, as a mouimient which does honour to his reign. Hunting was his chief anuiscment, the cheapest plea- sure in which a king can indulge himself. His cxjienscs were the eft'ects of liberality, rather than of lu.xury. One day, it is said, while he was standing amidst some of his courtiers, a porter passed by loaded with moiiey, which he was carrying to the treasury. The king observed that Rich, afterwards carl of Holland, one of his handsome agreeable favourites, wliisjicred something to one standing near him. Upon inrpiiry, he found that Itich had said, " How happy would tliat money make me !" Without hesitation James bestowed it all upon him, though it amounted to three thousand pounds. He added, " Yon thinlc yourself very hajijiy in obtaining so large a sum ; but I am more happy in liaving an opportunity of obbging a worthy man, whom I love." The generosity of James was more the result of a benign humour or light fancy, than of reason or judgment. The objects of it were such as could render themselves agreeable to him in his loose hours ; not such as were endowed with great merit, or who possessed talents or popularity wliich could strengthen his inte- rest with the public. The same advantage, we may remark, over the people, which the crown formerly reaped from that interval be- tween the fall of the peers and the rise of the commous, was now possessed by the people against the crown, during the continuance of a lilie interval. The sove- reign had already lost that independent revenue by wliieh he could subsist without regular supplies from parliament; and he had not yet acquired the means of influencing those assemblies. The effects of this situa- tion, which commenced witli the accession of the house of Stuart, soon rose to a great heiglit, and were moie or less propagated throughout all the reigns of that un- hajijpy family. Subsidies and fifteenths are frequently mentioned by historians; but neither the amount of these taxes nor the method of levying them have been well explained. It appears, that the fifteenths formerly corresjionded to the name, and weie that proportionable ]iart of the moveables. But a valuation h.aving been made in the reign of Edward III,, that valuatiou was always ad- liered to, and each town paid unalterably a jiarticular sum, which the inhabitants themselves assessed upon tiieir fellow-eitizeus. The same tax in corporate towns wsfi called a tenth; because, there at first it was a tenth of the moveables. The whole amount of a tenth awl a fiftcenlh throughout the kingdom, or a fifteenth as it is often more concisely called, was about 211,000 pounds. The amount of a subsidy was uot invariable, like that of a fifteenth. In the eighth of Elizabeth a subsidy amounted to 120,000 pounds : in the fortieth it was not above 78,000. It afterwards fell to 70,000 ; and was continually decreasing. The reason is easily collected from the method of levying it. AVe may learn from the subsidy bills, that one subsidy was given for four shillings in the pound on land, and two shillings and eight pence on moveables tbioughout the counties ; a considerable tax, had it been striclly levied. But this was only the ancient state of a subsidy. During the reign of James, there was not paid the twentieth jiart of that sum. The ta.x was so far personal that a nnin paid only in the county where he lived, though ho should possess estates in other counties ; and the asses- sors formed a loose estimation of his projierty, and rated him accordingly. To preserve, however, some rule in the estimation, it seems to have been the prac- tice to keep an eye to former assessments, and to rate every nuui according as his ancestors, or men of such an estinnited property, w ei'c accustomed to i)ay. This was a sufficient reason why subsidies could not increase, notwithstanding the great increase of money aud rise of rents. But there was an evident reason why they continually decreased. The favour, as is natural to suppose, ran always against the crown;- especially dur- ing the latter end of Elizabeth, when subsidies bceamo numerous and frequent, and the sums levied were con- siderable, compared to former supplies. The assessors, though accustomed to have an eye to ancient estima- tions, were not boimd to observe any such rule ; but might rate anew any person according to his present income. When rents fell, or part of an estate was sold off, the proprietor was sure to represent these losses, and obtain a diminution of his subsidy ; but where reuts rose, or new lands were purchased, he kept his own secret, and paid no more than formerly, The ad\'antage, therefore, of every change was taken against the crown ; and the crown could obtain the ad- vantage of none. And, to make the matter worse, the alterations winch happened in property during this age were generally unfavourable to the crown. The small jiroprietors, or twenty pound men, went continually to decay ; and when tlieir estates were swallowed up by a greater, the new purchaser increased not his subsidy. So loose indeed is the whole method of rating subsidies, that the wonder was not how the tax should continu- ally diminish; but how it yielded any revenue at all. It became at last so iniequal and uncertain, that the parliament was obliged to change it into a land-tax. The price of corn during this reign, and that of the other necessaries of life, was no lower, or was rather higher tlurn at present. By a proclamation of James, establishing ]iublic nnigaziues, ^vhenever wheat fell be- low thirty-two shillings a quarter, rye below eighteen, barley below si.xtceu, the commissioners were em- powered to jnirchase corn for the magazines. These ])rices then are to be regarded as low ; though tlic^ would rather jjass for high by our present estimation. The usual bread of the poor was at this time made of barley. The best wool, during the greater ])art of James's reign, was at thirty-three shillings a tod. At jiresent it is not above two-thirds of that value; though it is to be presumed that our exports in woollen goods are somewhat increased. The finer manufactures too, by the progress of arts and industry, have rather di- minished in jirice, notwithstanding the great increase of money. In Sbakcspeaiv, the hostess tells Falslalf, that the shirts she bought him were hollaud, at eiglit shillings a yard ; a high j)rice at this day, even suiqx'S- ing, what is not probable, that the best iiolland at that time was equal in goodness to the best that can new be purchased. In like manner, a yard of ^elvef, flhor,t the middle of Elizabeth's ieign,was valued at two and twenty shillings. It appears from Dr. liirch's life of Appendix.] JAMRS I. IC03— 162- o9.1 prince Ilenry, tlial tluit pvincc, liy coutract with his butcher, paid near a groat a pound throu^'hout the year for all the beef and inuttou used in his family. Besides, we must consider, that the general turn of that age, which no laws could prevent, was the con- verting of arable land into pasture : a certain proof that tlic latter was found more profitable, and conse- •luently that all butcher's meat, as well as bread, was rather higher than at present. We have a regulation of the market with regard to poultry and some other articles very early in Charles the First's reign ; and the prices are higli. A turkey-cock, four shillings and six- pence ; a turkey-hen, three shillings ; a pheasant-cock, six; a pheasant-hen, five ; a partridge, one sliilling; a goose, two ; a capon, two and sixpence; a pullet, one aadsi.xpence ; a rabbit, eight pence; a dozen of pigeons, six shillings.* We uiu>t consider, that London at pre- sent is more than thi-ee times more populous than it was at that time — a circumstance which much increases the price of poultry, and of everything that cannot conve- niently be brought from a distauce — not to mention that these regulations by authorityare always calculated to diminish, never to increase the market prices. The contractors for victualling the navy were allowed by government eight pence a day for the diet of each man when in liarbour, seven pence halfjienny when at sea ; which would suffice at present. The chief difference in expense between that age and the present consists in the imaginary w.aiits of men, which have since ex- tremely multiplied. These + are the principal reasons why James's revenue would go furtlier than the same money in our time ; though the difTercuce is not near so great as is nsually imagined. ARMS. I'he public was entiiely free from the danger and ex- pense of a standing army. While James was vaunting his divine vicegeiency, and boasting of his high preioga- tive, he possessed not so much as a single regiment of guards to maintain his extensive claims: a sufficient proof tliat he sincerely believed his pretensions to be well grounded, and a strong presumption that they were at least built on wliat were then deemed plausible arguments. The militia of England, amounting to 1B0,000 men, was the sole defence of tlie kingdom. It is pretended that they were kept in good order during tliis reign. The city of London procured officers who had served abroad, and who taught the trained bands Iheirexercise inArtillery-g;irden — a practice which hail been discoutinued since 1588. AU the counties of Eng- land, in emulation of tlie capital, were fond of showing a n'lll-ordered and well-appointed militia. Itappearedtliat the natural propensity of men towards military shows and exercises will go far, with a little attention in, the sovereign, towards exeitingand supporting this si)irit in any nation. The \ery boys at this time, in mimicry of their elders, enlisted themselves voluntarily into com- panies, elected officers, and practised the discipline, of which the models were every day exposed to their view. Sir i:dward Ilarwood, in a meniorial composed at the bi'ginuing of the .subsequent reign, says, that England was so unprovided with horses fit for war, that two thousand men could not possibly be mounted throughout the whole kingdom. At present the breed of horses is so much improved, that almost all those which are employed either in the plough, waggon, or coach, would be fit for that purpose. The disorders of Ireland obliged James to keep up some forces there, and put him to great expense. The common pay of a private man in the infantry was eight pi'uce a day; a lieutenant, two shillings; an ensign, • \Vc may jud^c of the great grievance of p«jrveyar« by this circuDUTance, lli.v the p'irvryora often f a\ e hut sixpence tor a dozen of pigeons, and tv.o p-:!cefora foul. Journ. i'.t \f»y, l&ji. i This volume W.1S wntten above rwentj-cLht yeai^ biforc the prtfer.t ci'i- fitA\ ol l/Jifi- In that short Knod prices have pcihapa risen more llan d,ir^i'i,' Jv preceding hundred and hflf. TOL. I. eighteen pence. The armies in Europe wo!\j jjot near so numerous during that age; and the private men, we may observe, were drawn from a better rank than at jnesent, and ajiproaching nearer to that of the officers. In the year 15fi3 there was a general review inade of all the men in England capable of bearing arms ; and these were found to amount to 1,172,000 men, accord- ing to Raleigh.* It is impossible to warrant the exact- ness of this computation; or, rather, we may fairly presume it to be somewhat inaccurate. But if it a()- proached near the truth, England has probably, since that time, increased in populousness. The growth of London, in riches and beauty, as well as in numbers of inhabitants, has been) prodigious. FromlfiOO it dou- bled every forty yeai-s ; and consequently, in ItJSO, it contained four times as many inhabitants as at the be- ginning of tlie century. It has ever been the centre ot all the trade in the Idngdom ; and almost the only town that aflbrds society and amusement. The affection which the Eughsli bear to a country life makes the provincial towns be httle frequented by the gentry. Nothing but the allurements of the capital, which ia favoured by the residence of the king, and by beiu" the scat of government, and of all the courts of justice) can prevail over their passion for their rural villas. Loudon at this time was almost entirely built of W'ood, and in every respect was certainly a very ugly city. The earl of Arundel first introduced the general practice of brick buildings. NAVY. The navy of England was esteemed foiTnidable in Elizabeth's time, yet it consisted only of thirty-throe ships, besides pinnaces : and the largest of these would not equal our fourth-rates at present. Raleigh ad^•ises never to build a ship of war above six hundred tons.t James was not negligent of the naN-y. In five years I>receding 1623, he built ten new ships, and expended fifty thousand pounds a-year on the fleet, besides the value of thirty-six thousand pounds in timber, which he annually gave from the royal forests.t The largest ship that had ever come froui the English docks was built during this reign. She was only fourteen hundred tons, and carried si.xty-four guns. The merchant shijis, in cases of necessity, were instantly converted into ships of war. The king affirmed to the parliament, that the na%-y had never before been in so good a condition. COMMERCE. Every session of parliament during this reign, we meet with grievous lamentations concerning the decoy of trade, and the growth of popery: such violent propensity have men to complain of the present times, and to entertain discontent against their fortune and condition. The king himself was deceived by these popular complaints, and was at a loss to account for the total want of money, which he heard so much ex- aggerated. It may, however, be affirmed, that during no i>recediiig period of English history was there a more sensible increase than during the reign of this monarch, of all the advantages which distinguish a flourishing people. Xot only the peace which he main- tained was favourable to industry and commerce: his turn of mind inclined him to iiromote the peaceful arts: :-.nd trade being yet in its infancy, all .idditions to it must have been the more evident to every eye, which was not blinded by melancholy prejudices. [6ta nuU 5S,al Ifie end of this Vol.] • Of the invention of shipping. This niiinlcr is much superior to ih « con- tajoed in M urdcn. and that lielivercd by sir Eduiid Coke to the house of com. mors ; and M more likely. t By Kalcitih s account, in his discoursK; of the first ins-cntion of shipping, the fleet, m t!ic iwcnty-rourth of the roof ; and there want not productions of that age w hieh, being written by men who were not authors by profession, retain a very natural manner, and may give u.s some itlea of the language which ]>revailed among men of the world. 1 shall particularly mention sir John Davis's Discoveiy, Thiogmorton's, Essex's, and Nevil's letters. In a more early period. Cavendish's life of cardinal \Volsey, the pieces that remain of bishop Gardiner, and Anne Bnleyn's letter to the king, difter little or nothing from the language of our time. The great glory of literature in this island during the reign of James, was lord Bacon. Jlost of liis per- formances were composed in Latin ; thougli he pos- sessed neitlier the elegance of that, nor of his native tongue. If we consider the variety of talents displayed by this man ; as a public speaker, a man of business, a wit, a courtier, a companion, an author, a pliilo;:ophor ; he is justly the object of great admiration. If we con- sider him merely as an author and philosopher, the light iu which we view him at present, though very esti- mable, he was yet inferior to his contemporary Galilaeo, perhaps even to Kepler. Bacon pointed out at a dis- tance the road to true philosophy ; GaliliEO both pointed it out to others, and made himself considerable ad- vances iu it. The Englishman was ignorant of geome- try ; the Florentine revived that science, excelled in it, and was the first that applied it, together with experi- ment, to natural philosopli)'. The former rejected, with the most positive disdain, the system of Coper- nicus : the latter fortified it with new proofs, derived both from reason and the senses. Bacon's style is stiff and rigid ; his wit, though often brilliant, is also often unnatural and far-fetched; and he seems to be the original of those pointed similes and long-spun allego- ries which so much distinguish the English authors: Galila:o is a lively and agreeable, though somewhat a prolix, writer. But Italy, not united in any single go- vernment, and perhaps satiated with that literary glory which it has possessed both iu ancient and modern times, has too much neglected the renown w hich it has accjuired by giving birth to so great a man. That ua- tioiial spirit which prevails among the English, and which forms their great happiness, is the cause why they bestow on all their eminent wiiters, and on Bacon among the rest, such praises and acclamations as may often appear partial and excessive, lie died in 162G, in the sixty-sixth year of his age. If the reader of Raleigh's history can have the pa- tience to wade through the Jewish and Eabbinical learning which compose the half of the volume, he will find, when he comes to the Greek and Roman story, that his pains are not unrewarded. Raleigh is the best model of that ancient style which some writers would afl'ect to revive at present, lie was beheaded in IGIS, aged sixty-six y^ ars. Camden's histoiT of Queen Elizabetli may be esteemed good composition, both for style and matter. It is written with simplicity of expression, very rare in that nge, and with a regard to truth. It would not perhaps be too much to affirm, that it is among the best his- torical productions which have yet been composed by any Englishman. It is well known that the English have not much excelled in that kind of literature. He died in lC2.'i, aged .seventy-three years. \Ve shall mention the king himself at the end of these English writers : becau.se that is his place, when con- sidered as an author. It may safely be affirmed, that the mediocrity of James's talents iu literature, joined to the great change in national taste, is one cause of that con- tomf t under which his memory labours, and which is often canied by parly-writers to a great extreme. It is remarkable how different from oi.rs wore the sen- timents of the ancients with regard to learning. Of the fiist twenty liouian emjierors, counting from Cajsar to Severu.s, above the half were authors ; and though few of them seem to have been eminent in that profession, it is always renuirked, to their praise, that by their example, they encouraged literature. Not to mention Germanicus, and his daughter Agrippina, persons so nearly allied to the throne, the greater part of the classic writers, whoso works ninahi, were men of the highest quality. As every human advantage is at- tended with inconveniences, the change of men's ideiis iu this jiarticular ni.iy jirobably be .ascribed to the in- vcjitioii of printing; which has rendered books so com- mon, that even nn u of slender fortunes can have access to them. That James was but a middling writer may be al- lowed : that he was a contemi)tible one, can by no means be adtnitted. Whoever will read his Basilicou Doron, particularly the last two books, the true law of free monarchies, his answer to cardinal Perron, and almost all his speeches and messages to parliament, will confess him to have possessed no mean genius. If be wrote concerning witches and apparitions, who iu that age did not admit the reality of these fictitious beings ? It he has composed a commentary on the Revelations, and proved the pope to be antichrist, may not a simi- lar reproach be extended to the famous Napier, and even to Newton, at a time when learning was much more advanced than during the reign of James? From the grossness of its superstitions, we may infer the ignorance of an age ; but never sliould pronounce concerning the folly of an individual, from his admit- ting popular errors, consecrated by the appearance of religion. Such a superiority do the pursuits of literature pos- .sess above every other occupation, that even he wlio att.ains but a mediocrity in tbeni, merits the pre- eminence above those that excel the most in the common and vulgar professions. The speaker of the house of commons is usually an eminent lawj-er ; yet the harangue of his majesty will always be found much superior to that of the speaker, in every parlia- ment during this reign. Every science, as well as polite literature, must bo considered .as being yet in its inf;incy. Scholastic learning and polemical divinity retarded the growth of .all true knowledge. Sir Henry Saville, in the pre- amble of that deed by which he annexed a salary to the mathematical and astronomical professors in Ox- ford, says, that geometry was almost totally .abandoned and unknown in England. The best learning of that age was the study of the ancients. Casaubon, emi- nent for this species of knowledge, was invited over from France by James, and encouraged by a pension of three hundred jiounds a 3"ear, as well as by clun-ch preferments. The famous Antonio di Dominis, arch- bishop of Spalatro, no despicable philosoiiber, came hkewise into England, and afiorded great triumph to the nation, by their gaining so considerable a proselyte from the papists. But the mortification followed soon after : the archbishop, though adv.anced to some eccle- si;istical preferments, received not encouragement suf- ficient to .satisfy his ambition : he made his escape into Italy, where he died in confinement. C II A P T E R L. CUARLES I. A PArliament at Westminster at Oxford \&val Expeditif-n affilcst Spaia Second Parliament Ii-ipt-achment of HuckinKham \ iwlcut Measures of the Court War w.th France F.xpeUiuon to the Ula of \G2o. 1VI0 sooner had Charles taken into Ms ^lands MftPh-7 J_^ the reins of govcnmient, than he showed fi98 THE HISTORY OF ENGLAND. [Cait. L an iinp&tioncc to asseniWc the great council of tlie na- tion ; and he would {.'l.idly, for the sake of dispatch, hnvo called together the same parliament which had sitlcn under Iiis father, and which lay at that time un- der prorogation. But heing told that this measure would appear unusual, he issued writs for summoning: a new parliament on the 7th of Sfay ; and it was not without regret tliat the arrival of the princess Henrietta whom he had espoused by proxy, obliged hiui to delay, by repeated prorogations, their meeting till the Ifitli of Juno, when they assembled at Westminster for the dispatch of business. The young prince, unexpcricn-jcd and impolitic, regarded as sincere all the praises .ind caresses with which he had been loaded, while active in procuring the nipture with the house of Austria. And besides that he laboured under great necessities, lie hastened with alacrity to a period when he might receive the most undoubted testimony of the dutiful attachment of his subjects. His discourse to the par- liament was full of simplicity and cordiality. lie lightly mentioned the occasion which he had for sujiply. Ho employed no iu'rigue to influence the suffrages of the members. lie would not even allow the officers of the crown who had seats in the house to mention any par- ticular sum which might be expected by him. Secure of the nfl'ections of the commons, he was resolved that their bounty should bo entirely their own deed; unasked, unsolicited ; the genuine fruit of sincere cou- fuleuce and regard. The house of commons accordingly took into consi- deration the business of sujijily. They knew that all the money gr.inted by the last parliament had been expended on naval and military ai-maments ; and that great anticijiations were likewise made on the revenues of the crown. They were not ignorant that Charles was loaded with a large debt, contracted by his father, who had boiTowed money both from his own subjectsand from foreign princes. They had learned by experience, that the public revenue could with difficulty maintain the dignity of the crown, even under the ordinary charges of government. Tliey were sensible that the present war was very lately the result of their own imiwrtunato applications and entreaties, and that they had solemnly engaged to support their sovereign in the management of it. Tliey were acquainted wiih the diflieulty of military enterprises, directed against the whole house of Austria ; against the king of Spain, possessed of the greatest riches and most extensive dominions of any prince in Europe ; against the empe- ror Ferdinand, hitherto the most fortunate mon.arch of his age, who had subdued and astonished Germany by the rapidity of his victories. Deep impressions, they saw, must be made hy the English sword, and a vigo- rous oUonsive war lie waged against these mighty potentates, ere they wouhl resign a principality, wliicli they had now fully sulnlued, and which they held in secure possession, by its being surrounded with all their other territories. To answer, therefoie, all these great and important ends ; to satisfy theii- young king in the first request which he made them ; to prove their scn.se of tite many royal virtues, particularly economy, with which Ciiarles was endowed ; the house of commons, con- ducted by the wisest and ablest senators that had ever fiourished in England, thought proper to confer on the king a supply of two subsidies, amounting to 112,000 poimds.* This measure, whieh discovers rather a cruel mock- ery of Charles than ai:y serious design of supporting him, appears so extraordinary, when considered in .all its circumsl.ances, that it n.aturally summons up our attention, and rai.ses au inquiry concerning the causes of a conduct, unprecedented in an English parli.ament. So numerous an assembly, composed of persons of va- rious dispositions, was not, it is prob.abie, wholly in- fluenced by the same motives; and few declared • A tnbbiftr mt nrjw fallm to kbcv.i fiCOriO potiads. CaVbala, p. K4, tin openlv their true reason. \S'e shall, therefore, ap. pro.ich nearer to the truth, if we n:cntion all tlie views which the present conjuncture could suggest to them. It is not to be doubled but sph en and ill. will against the duke of l!uckingham h.ad un iufliieuce with many. So vast and rapid a fortune .so little merited could not fail to excite public envy ; and however men's hatred might have been suspended for a moment wliile tho duke's conduct seemed to gratify their passions and their prejudices, it was impossible for him long to pre- seive the afl'ections of the people. His influence over the modesty of Charles exceeded even that which he had acquired over the weakness of James ; nor was any i)ublic measure conducted but by his connsel and direction. His vehement temper jironiptcd him torai.sc suddenly to the highest elevation his flatterers and de- pendents : and tipon the least occasion of displeasure, he threw them down with '■qnal impetnosity and vio- lence. Implacable in his hatred ; fickle in his friend- ships: .all men were either regarded as his enemies, or dreaded soon to become such. The whole power of the kingdom was grasped by liis insatiable hand; while lie both engrossed the entire confidence of his master, and held, invested in his single person, the most considerable offices of the crown. However the ill-humour of the commons might have been increased hy these considerations, we are not to suppose them the sole motives. The last parliament of James, amidst all their joy and festivity, had given him a supply very dispioportioncd to his demand and to tho occasion. And as every house of commons w hicli was elected during forty years, succcedul to all tlie pa.ssions and principles of their predecessois, we ought rather to account for this obstinacy from the general situation of the kingdom during that whole period, than from any circumstances which attended this par- ticul.ar coiijuncture. The nation was very little accustomed at that time to the burden of taxes, and had never opened their purses in any degi'ee for supporting their sovereign. Even Elizabetli, notwithstanding her vigour and fru- g.ality and the necessary wars in which she was engaged, had reason to complain of the commons in this jiarti- cular ; nor could the authority of that princess, w hicli was otherwise almost absolute, ever e.xtort from them tho requisite supplies. H.abits, more than reason, we find in eveiythiug to be the governing principle of mankind. In this view likewise the sinking of the value of subsidies must be considered as a loss to the king. The parliament, swayed by custom, would not augment thiir number in the same proportion. The puritanical party, though di.sgnised, bad a great authority over the kingdom ; and many of the leaders among the commons had secretly embraced the rigid tenets of that sect. All those were disgusted with the court, both by the prevalence of the principles of civil liberty ossenti.al to their parly, and on account of the restraint under which they were held by the estab- lished hierarchy. In order to fortify himself against the resentment of James, Uuckingham had affected popu- harity, and entered into the cab.als of the puritans : but being secure of the confidence of t-'liarles, he had since abandoned this party ; and on that account was tlie more exposed to their hatred .and resentment. Though the religious schemes of many of the puritans, when explained, appeared pretty frivolous, we are not thence to imagine that thiy wore pursued by none but persons of weak understandings. Some men of the greatest parts and most extensive knowledge that the nation at this time produced, could notenjoy any peace of mind, because obliged to hear prayers offered up to tho Divinity by a priest covered with a white liueu vestment. The match with France, and the articles in favour of catholics, which were suspected to be in the treaty, were likewise causes of disgust to this whole party: though it must he remarked, that the conncxioos Chap. L.] CHARLES I lo2-5— lt>49. 099 vith that crown were much lees obnoxioiis to the [>rotffiUDts, and less agreeable to tbe cathoUcs, than ite alliance formerly projected with Spain, and were therefore received mtfaer with pleasure than dissa- tis&etion. To all these causes we most vet add another of consi- derable moment. The house of commons, we maj ob- aerre, waa almost entireljr goTemed br a set of men of the most naeommon capacity, and the largest views : ■ea who woe now formed into a regular party, and uited, as well by fixed aims and projects, as by the haiddiips whidi some of them had undergone in prose- eatioB of them. Among these, we may mention the names of sir Edward Coke, sir Edwin Sandys, sir Robert Philips, sir Francis Seymour, sir Dudley Digges, sir John EUiot, sir T. Wentwortb, >Ir. Sel- den, and Mr. Pym. Animated with a warm regard to liberty, these generoos patriots saw with regret an un- bounded power cicici s c d by the crown, and were r»- ■olred to soze the 4^>portunity which the king's neces- sities offered them, of reducing the prerogati*e within more reasonable compass. Though their ancestors had blindly given way to practices and precedents CiToarabie to kingly power, and had been aMe, not- withstanding^ to preserve some small remains of li- berty; it would be impossible, they thought, when aU these pretension s were methodized, and prosecuted by the increasing knowledge of the age, to maicfain any shadow of popnlar zovemmoit, in on^osition to such un- limited authority in the sover^n. It was necessary to fix a choice : either to abandon eotiiely the privi- leges of the people, or to secure them by firmer and more precise barriets than the constitation had hitherto provided for them. In this dilemma, mai of such as- piring geiuu^s, and such independent fortunes, could not long deliberate : they boldly embiaoed the side of freedom, and resolved to grant no supplies to their ne- eessitons prince without extorting oonoessioiis in &- vonr of civQ liberty. The end they esteemed benefi- cent and noble : the means, regular and constitutional. To grant or refiose supplies was the undoubted privi- lege of the commons. And as all human govermneots, particularly those of a mixed fiame, are in cootinnal flnetoation, it was as natnral in their opinion, and allowable, for popular assemblies to take advantage of tavonnble inddents, in order to secure the subject, as for the monareiis, in order to eslend their authority. With ideasure they beheld the king involved in a fo- re-gn war, which rendered him every day more de- pendent on the parliament ; while at the same time the situation of the kingdom, even without any mili- tary preparations, gave it soffirient security against all invasion from fore^nets. Ferhais, too, it had partly p roce e ded from expectations of this natnret, that the popnlar leaders had been so urgent for a rupture with Spain ; nor is it credible, that rel^ioos zeal eonid so &r have blinded all of them as to make them discover in such a measure any ^yearancc at neeessty, or any hopes of soccess. But, however natural aD these sentiments might ap- pear to the eoantry-party, it is not to be imagined that Charles would entertain the same ideas. Strm^y pre- iadiol in favour of the duke, whom he had heard so higuly extolled in parliament, he could not conjecture the caose of M sudden an alteration in their opinions. And when the war which they themselves had so earnestly solicited, was at last commenced, the imme- diate desertion of their s overeign could not but seem vetT unaccountable. Even thcn^ no fiirther motive had been suspec t ed, the refusal of supply in sudi dr- eoBstanees waaM natnrally to him^ipear end and deeeitlid: bat when he perceived tint this measure proceeded Crom an intention of encroaching on his au- thority, he iaOed not to r^ard these claims as highly erirainal and traitoroos. Those lof^ ideas of mo- narchical power whidi were voj eonunoaly adapted daring that age, and to whidi the ambigsoos nature of the EagUA coosiitotion gave so plansnde an appear- ance, were firmly riveted in Charles: and, ho-s-ever moderate his temper, the nanual and cjoavoidalle pre- posEeSEtons of self-love, joined to the late uniform pre- cedents in &vour of pren^ative, had made him re^id his pditical tenets as certain and nncontrovated. Taught to consider extn the ancient laws and eonsti- tution more as lines to direct his conduct, than bar- riers to withstand his power; a conspiracy to erect new ramparts in order to straiten his authority, ap- peared bat one degree removed from open sedition and rdidlioa. So atrodous in his eyes was such a design, that he seems even unwilling to impute it to the com- mons: and though he was constrained to adjourn the parliament, (llth July.) by reason of the plague, which at that time lagcd in London, he immediately reas- sembled them at Oxford, (1st August,) and made a new attempt to gain from them some sapfSea in auA an urgent necessity. PARLIA3IEXT AT OXFORD. Charles now found himself obliged to depart iroin that delicacy which he had formerly maintained. By himsdf or his minist^s, he entered into a particular detail both of the alliances which he hzd formed, and of the military operaiions whidi he had projected. He told the parliament, that by a promise of subsidies, he had engaged the king «€ Denmark to take part in the war; that this monardi intended to enter Germany by the north, and to rouse to arms these princes who im- patiently longed fn- an iq^rtunity of ass^ting the Uberty of the empire: that )fanrfddt had undertaken to penetrate with an English army into the palatinate, and by that quarter to exdte the members of the evangdical union ; that the States most be supported in the unequal war&re which they maintuned with Spain ; that no less a sum than 700,000 pounds a year had beoi finmd, by computatioi!, reqniate for all these purposes ; that the maintenance of the fleet, and the defence of Ireland, demanded an annual expense of 400,000 pounds; that he himself had already exhausted and antidpated in the public service his whde re- venue, and had scarcdy left snffident for the daily snbdstence of himself and his family ; that on his ae- cesaon to the crown, he found a debt of above 300,000 pounds, contracted by his lather in support of the palatine; and that, while prince of Vales, be had himsdf contraded debts, notwithstanding his great frugality, to the amount of 70,000 pounds, whidi he had expended entirely cm naval and military arma- ments. After menticnii^ all these &cts, the king even condescended to nse entreaties. He sud, that his request was the first that he had ever made them ; that he was yonng and in the commencement of his reign ; and if he nowmet with kind and dutiAiI nsage^ it would endear to him the use of parljamewts, uid would for ever ptesare an entire harmony between him and his people. To these reasons the commons remained inexorable. Notwithstanding that the kii^s neasnresi, «n the snp- positian of a foreign war, wUdi they had coBStaatly demanded, were altogether unexeeptiaoable^ they o^ stinatdy refused any fiuther aid. Some me mbe rs favourable to the court having insisted on an addition of two fiAeenths to the former supply, even this pit- tance was refiised ; though it was known that a fleet and army were lyii^ at Portsmouth in great want of pay and provisiotts ; and that Buckingham, the admiral, and the treasurer of the navy, had advanced on thdr own credit near a hundred thousand pounds for the sea-serviee. Besides all their other motives, the hoose of commoBS had made a fcuma j which, as they wanted but a pretence for their refiual, inflamed them against the coort and against the duke of Buddng- ham. When James deserted the SpaniA allianw, and courted that of Fiance^ he had prranised to fumith Lonis^ who was entiiely destitute of naval force, wit2i 6fKJ llli: iiltilOUY OF RiSGI.AXl). rciiAP T,. one sliip of wni-, lofptlicr willi spvon niineJ vessels liired fioni llic iiipnliaiits. These llic Ficiich court li:id iitotcniloil tlioy would employ against tlic Genoese, wlio, being firm aiid nsel'iil allies to the f-'paiiisli mo- narehv, weie naturally rejrariUnl with an evil eye both hy the king of I'lanee and of England. When these vessels bv Charles's orders arri\ed at I>ie])i)e, there arose a strong suspicion that they were to serve agaiust Jiochelle. The sailors were inflamed. 'I'liat race of men, who are at present both careless and ignorant in all matters of religion, were at that time only ignorant. They drew up a remonstrance to l\Mniington, their commander; and signing all their names in a circle, lest he should discover the ringleaders, they laid it under his prayer-booii. Pennington declared, that he woidd rather bo hanged in England for disobedience, than fight against his brother protestants in France. The wliole squadron sailed immediately to the Downs. There they received new orders from Buekingham, lord-admiral, to return to Dieppe. As the diiK-e knew that authority alone would not suffice, he employed much art .and many subtilties to engage them to obe- dience; and a rumour which was spread that peace liad been concluded between the French king and the hugonots, assisted him in bis purpose. When they arrived at Dieppe they found that they had been de- ceived. Sir Fei'dinando Gorges, who commanded one of the vessels, broke through .and returned to England. All the officers and sailors of all the other ships, not- withstanding great offers made them by the Fi-ench, immediately deserted. One gunner alone preferred duty towards his king to the cause of religion ; and be was afterwards killed in charging a cannon before lio- chelle. The care which historians have taken to re- cord this frivolous event, proves with what pleasure the news was received by tlie nation. The house of commons, when informed of these transactions, showed the same attachment with the (jailors for the protestant religion; nor was their zeal much better guided by reason and sound jiolic}'. It was_not considered, that it was highly probable the king and the duke themselves li.ad here been deceived by the artifices of France, nor had they any hostile in- tention against the hugonots ; that were it otherwise, yet might their measures be justified by the most ob- vious and most received maxims of civil policy ; that if the force of Spain were really so exorbitant as the commons imagined, the French monarch was the oidy prince that could oppose its progress, and preserve the balance of Europe ; tliat bis power was at present fet- tered by the hugonots, who, being possessed of many privileges and even of fortified towns, formed an em- pire within his empire, and kept him in perpetual iealousy and inrinietude ; that an insurrection had been at tliat time wantonly and voluntarily formed by their leaders, who, being disgusted in some court in- trigue, took advantage of the never-failing pretence of religion, in order to cover their rebellion ; that the Dutch, influenced by these views, bad ordered a squad- ron of twenty ships to join the French fleet, employed against the inhabitants of IJochelle ; that the Sjianish monarch, sensible of the same consequences, secretlv supported the protestants in France; and that all piinces liad ever sacrificed to reasons of state the in- terests of their religion in foreign countries. All these obvious considerations bad no influence. Great niur- mnrs and discontents still prevailed in jiarliamenl. The huguenots, tbougli lliey bad no ground of complaint against the French court, were thought to be as nuich entitled to assi.slanco from England, as if they bad taken arms in defence of their liberties and religion agauist the persecuting rage of the catholic.^. And it plainly appears fiom this ijicident, as well as fiom many others, that of all European nation.^ the IJriti.sh were at that time, and till long after, the most imder the influence of that religious spirit which tends rather to inflame bigotry than increa.io peace and mutual charitv. On this occasion, the commons renewed the eternal complaints against the growth of liopeiy, which w.as ever the chief of their grievances, and now their only one. They demanded a strict execution of the ],enal laws against the catholics, and remonstrated against some late pardons granted to priests. They attacked Montague, one of the king's chaplains, on account of a moderate book which he had lately piddished, and which, to their great disgust, saved virtuous catholics, as well as other Christians from eternal torments. (Jharles gave thom a gracious and a conijiliant answer to all their remonstrances. He w as, however, extiemely averse to these furious measures. 'J'hough a deter- mined protestant by princii>le as well as inclination, he had entertained no violent horror against popery; and a little liumanity, he thought, was due by the nation to the religion of their ancestors. That degree of li- berty which is now indulged to catholics, though a party much more obnoxious than during the reign of the Stuarts, it suited neither with Charles's sentiments, nor the humour of that age, to allow them. An abate- ment of the more rigorous laws was all he intended ; and his engagements with France, notwithstanding that their regular execution had never been promised or exi.ected, required of him some indulgence. But so unfortunate was this prince, that no measure em- braced during his whole reign was ever attended with more unhappy and more fatal consequences. The extreme rage against pojiery nas a sure charac- teristic of pui-itanism. The house of commons dis- covered other inlallible symptoms of the prevalence of that p.arty. Ihey petitioned the king for replacing such able clergy as had been silenced for want of con- formity to the ceremonies. They also enacted laws for the strict observance of Sunday, which the puritans affected to call the Sabbath, and which they sanctified by the most melancholy indolence. It is to be re- marked, tliat the different appellations of this festival were at tliat time known symbols of the different parties. The king finding that t!ie parliament was resolved to grant hiin no supply, and would furnish him with nothing but empty protestations of duty, or disagree- able complaints of grievances, took advantage of the pl.ague,* which began to appear at Oxford, and on that pretence immediately dissolved them. By finishing the session with a dissolution, instead of a proroga- tion, he sufficiently expressed bis displeasure at their conduct. NAVAL EXPEDITION' AGAIiNST SPAIN. To supply the want of parliamentary aids, Charles issued privy-seals for borrowing money from his sub- jects. (l'2th August.) The advantage reaped by lliisex- pcdient was a small compensation tor the disgust which it occasioned : by means, however, of that supply, and by other expedients, he was, though with difficulty, enabled to eipiiji his fleet. (Ist Octyiicr.) It consisted of eighty vessels, great and small ; and carried on boaid an army of 10,000 men. Sir Edwaid Cecil, lately created viscount Wimbleton, was intrusted with the comnumd. He sailed immediately for Cadiz, and found the bay full of Spanish ships of great value. lie either neglected to attack tliese ships, or attempted it preposterously. 'J'lie army was landed and a fort taken : but the undisciplined soldiers, finding store of wine, could not be restrained from the utmost c-xeesscs. Further stay appearing fiuitless, they were re-em- barked ; and the fleet put to sea with an intention of intercepting the Spanish galleons. Dut the plague having seized the sailors and soldiers, they were obliged to abandon all hopes of this prize, and return to England, (in November.) Loud complaints were • TIis plasuc u-rts really so violcnl, tlint it had been movnl in the hoiisp ai the beKiniiin^ of the session^ to [icmiun the king t^) adj.nirn them, ./ouni 21st .lune, 1095. So it was impossible to enter uijon grtevaiiees, eeeri il t ten' had been aiiv. 'I'he odIj- business oI the parliament was to Ki^'esujiply.wiiif^h was so much wanted by the king, in order to cAiry on tjK- uar in wnieii theu 1 lAd cu^-^lfAl liiin. ' Chap. I. ] CHARLES I. 162-3—164!) 601 mriil? n^fniiist the court for intnisting so important a cuiiim.-Miil to a man lilce Cecil, wlioiii, tlioiifjli lie jios- sosseil ^rcat experience, the people, judging \>y tlie event, esteemed of slender capacity. SECOND PAKLTAMENT. 1C2(; Charles, having failed of so ricli a prize, "as ohiifjed again to have recourse to a parliament. Thou<,'li the ill success of his enterprises diminished his authority, and showed every day more |)laiuly the inipruilence of the fSp.anish war ; tliougli the increase of his necessi- ties rendered him more dependent, and more exposed to the encroachments of the commons, he nas resolved to try once more tliat regular and constitutional expe- dient for supi>ly. Tephaps, too, a little political art, which at that time he practised, was much trusted to. ' He had named four popular leaders sheriffs of counties ; sir Edward Cul;o,sir Kohert Philips, sir Thomas Went- worth, and sir Francis Scymonr; and, though the ques- tion had hecn formerly much contested,* ho tliou;,'lit that he had by that means iucapacited them from heing elected members. l!ut his intention being so evident, ratlier put the commons more ui)on their guard. Enough of patriots still remained to keep up the ill-liumour of the house ; and men needed but little instruction or rhe- toric to recommend to them practices which increased tlieir own importance and consideration. The weakness of the court also could not more evidently ajipear than bv its being reduced to use so ineffectual an expedient, in order to obtain an influence over the commons. The views, therefore, of the last parliament were immediately adopted ; (Cth February ;) as if the s.ime men had been everywhere elected, and no time had intervened since their meeting. When the king laid before the house his necessities, and asked for sujiply, they immediately voted him three subsidies and three fifteenths ; and though they afterwards added one sub- sidy more, the sum was little proportioned to the greatness of the occasion, and ill fitted to promote those views of success and glory for which the young prince in his first enterprise so ardently longed. But this circumstance was not the most disagreeable one. The snjjply was only voted by the commons. The passing of that vote into a law was reserved till the end of the session. A condition was thereby made, in a very undisguised manner, with their sovereign. Under colour of redressing grievances, which during this short reign could not be very numerous, they were to proceed in regulating and controllini; eveiy part of government which displeased them : and if the king eitlier cut them short in this undertaking, or refused compliance with their demands, he must not expect any supply from the commons. Great dissatis- faction was expressed by Charles at a treatment which he deemed so har^h and undutiful. But his urgent necessities obliged him to .submit ; and he waited witli patience, obsening to what side they would turn themselves. IMPEACHMENT OF BUCKINGUAM. The duke of Iiuckingham, formerly obnoxious to the public, became eveiy day more unpopular, by the symptoms which ap])eared both of his want of temjicr and prudence, and of the uncontrolled ascendant which he had acciuiroil over his niaster.+ Two violent at- tacks he w.as obliged this session to sustain : one from the earl of Bristol, another from the hoii.so of com- mons. As long as James lived, Bristol, secure of the con- ceJcd favour of that monarch, had expressed all duty ' It is alunysan express c).iuse in the writ of summons, that nn sheriff •haU Ik- eliiisen ; hut the eontmrv practii^c had i)ften prevailed. D'F.wes, p. Tttk Yet stdl UKtLi duubts were entertdincd on this head. See Joi'rn. 9ih April, lt)i.t. t Min eredit with the VmK had Ki\"en him such influeno?, that he h.id no le*s than twenty proxies (granted him this ]virliament by so many peers ; « hicli oecAslone- 4 II 602 Tin: HISTORY OF ENGLAND. [;Chap L dons, he liad liui rieJ liis master and liis country into a wiir pernicious to tlie interests of both. But so riveted tlu-oiighout the nation were tlie prejudices witli rc.irJ to Spanish deceit and falsehood, that very few of the commons seem as yet to liave been con- vinced tliat they had been seduced hy Buckingham's narrative: a certain proof that a discovery of tliis nature was not, as is imagined by several historians, the cause of so sudden and surprising a variation in the measures of the parliament. {.Sec note 5T, at the en'l of this Vol.] While the commons wei-e tlm.9 warmly engaged against Buckingham, the king seemed desirous of em- bracing every opportunity by which he could express ji contempt .and disregard for them. No one was at that time sufficiently sensible of the great weight which the commons bore in the balance of the consti- tution. The history of England had never hitherto afforded one instance where any great movement or revolution had proceeded from the lower house. And as their rank, both considered in a body and as indivi- duals, was but the second in the kingdom, nothing less than fatal experience could engage tlio English princes to pay a due regard to the inclinations of that formi- diible assembly. The earl of Suffolk, chancellor of the university of Cambridge, dyiiig about this time, Buckingham, though lying under impeachment, wa-s yet, by means of court-interest, chosen in his place. The commons resented .and loudly complained of this alfVout ; .and the more to enrage them, the king himself wrote a letter to the university, extolling the duke, and giving them thaulcs for his election. The lord-keeper, in the king's name, expressly com- manded the house not to meddle with his minister and servant, Buckingham ; and ordered them to finish, in a few days, the bill whicli they had begun for the sub- sidies, .and to make some addition to them ; otherwise they must not expect to sit any longer. And though these harsh commands were endeavoured to be ex- plained and modified, a few days after, by a speech of Buckingham's, they failed not to leave a disagreeable imjiressijn beliind them. Besides a more stately style which C'harles in gene- ral affected to this parliament than to the last, he went so for, in .a me-isage, as to tluvaten tin; commons, that if they did not furnish him with supplies, he should be obliged to try new counsels. This language was suffici- ently clear : yet, lest any ambiguity should remain, sir Dudley Cirleton, vice-chamberlain, took care to explain it. '■ I pr.xy you, consider," said he, " what these new counsels are, or may bo. I fear to declare those that I conceive. In all Christian kingdoms, you know that jiarliaments were in use anciently, by which those kingdoms were governed in a most flourishing manner ; until tlie monarchs began to know their own strength, and seeing the turbulent spirit of their parlia- ments, at length they by little and little began to stand on their prerogatives, and at last overthrew the parlia- ments, throughout Christendom, except hero only with us. — Let us be careful then to preserve the king's good 0])iinon of parliaments, wlndi bringeth such happiness to the nation, and makes us envied of all others, while there is this sweetness between his majesty and the commons ; lest wo lose the repute of a free people by our turbulenoy in parliament." Tlies- imprudent sug- gestions rather gave w.arning than struck terror. A precarious lil)erty, the commons thouglit, which was to be preserved by uuliuiited complaisance, was no li- berty at all. And it w:xs necessary, while yet in their power, to s'ciu-o the constitution by such invincible baiTiers, that no king or minister sliould ever, for tlie future, dare to speak such language to any parliament, or even entertain such a project against tiiem. Two member.s of the house, sir Dudley Dign-es and sir John lUliott, who had been employed as managers of the impeachment against the duke, were thrown into ]iriso". The commons imraediatelv declared Uiat they would proceed no further upon business, till thoy had satisfaction in their privileges. Charles alleged, .a-s the reason of tiiis me;isuro, certain seditious expres- sions, which, he said, had, in their accusation of the duke, dropped from these members. Upon inquiry it appeared that no such expressions had been used, Tlie members were rele.ased, .and the king reaped no other benefit from this attempt than to exasperate the house still further, .and to show some degree of preci- pitancy and indiscretion. Moved by this example, the house of peers were roused from their inactivity, and claimed liberty for the earl of Aruudel, who had been lately eonfin 'd in the Tower. After many fruitless evasions, tlie king, though somewhat ungracefully, was at last obliged to comply. And in this incident it suflicieutly appeared, tliat the lords, how little .soever inclined to popular conrees, were not wanting in a just sense of their own dignity. The ill-humour of the commons, thus wantonly irri- tated by the court, and finding no gratification in the leg.al impeachment of Buckingham, sought other ob- jects, on whicli it might exert itself. The never-failing cry of ]}opery here served them instead. Tliey again claimed the execution of the penal laws against catho- lics ; and they presented to the king a list of per.sons intrusted with offices, most of them insignificant, who were cither convicted or suspected rccus.auts. In this particular, tlu'y had, perhaps, some i-cason to blame the king's coiiduct. lie had promised to the hist house of commons a redress of this religious grievance : but he was apt, in imitation of his father, to imagine that the parliament, when they failed of supplying his necessities, had, on their part, freed him from the ob- ligation of a strict performance. A new odium like- wise, by these repi-esen tations, was attempted to be thrown upon Buckingham. Ilis mother, who had great influence over him, was a professed catholic ; his wife was not free from suspicion : and the indulgence given to catholics was of course supposed to proceed entirely from his credit and authority. So violent w.as the bigotry of the times, that it was thought a sufKeieut reason for disqualifying .any one from hold- ing an office, that his wife or relations or companions were papists, though he himself was a conformist. It is rem.arkable, that persecution was here chiefiy pushed on by laymen ; and that the church w.is willing to have granted more liberty than would be allowed by the commons. The reconciling doctrines likewise of Montague failed not anew to meet with severe cen- sures from that ze.alous assembly. The next attack made by the commons, had it pre- vailed, would have proved decisive. Tliey were pre- paring a remonstr.ance .against the levying of tonnage and ]iound.age without consent of parliament. This article, together with the new impositions laid on mer- chandise by James, constituted near half of the crown revenues ; and by depriving the king of these re- sources, they would have reduced liiili to total subjec- tion and dependence. While they retained such a pledge, besides the supply already promised, they were sure that notliing could be refused them. Though, .after canvassing the matter near three months, they found themselves utterly incapable of fixing any legal crime upon the duke, they regarded him as an unable and perhaps a dangerous minister ; and they intended to present a petition, which would then have been equivalent to .a command, for removing him from his majesty's person and councils. The king was alarmed at the yoke which he saw pre- pared for him. Buckingham's solo guilt, he thought, w.as the being his friend and favourite. All the other comjilaints against him were mere pretences. A little before, he was the idol of the peojJe. No new crime had since been discovered. After the most diligent inquiry, prompted by the greatest malice, the smallest appearance of guilt could not be fixed upon Iiim. What idoa> ho asked, must all mankind entertain of Chap. L.J CHARI.i:S I. Ifi2i)-16.1<». 60r) his honour, should he .■siiciifico his iiinoccnt friend to pecuniary considerations ? Wliat further authority should ho retain in tlio nation, were he c.ipahle, in the beginning of his reign, to f;ive, in so signal an instance, such matter of triumjih to his enemies, and discourage- ment to his adherents i To-day tlic romnions protend to wrest his minister from him. To-nioiTow they will nttaclc some hraneli of his prcrog.ativo. By their re- monstrances, and promises, and protestations, tliey h.id engaged the crown in a war. As soon as they saw a retreat impossible, without waiting for new incidents, without covering themselves with new pretences, they immediately deserted him, and refused him all reason- able snpjdy. It was evident, that they desired nothing so nuicli as to see him plunged in inextricable difficul- ties, of wliieh they intended to take advantage. To such deep perlidy, to sueii unbounded usurpations, it was necessary to oppose a proper firmness and resolu- tion. All encroachments on supreme power could only be resisted successfully on the first attempt. The sovereign authority was, with some difficulty, reduced from its ancient .and k-gal height ; but when once pushed downwards, it soon became contemptible, and would easily, by the continuance of the same oll'ort, uow encouraged by success, be carried to the lowest extremity. J'romiited by these jilausible motives, Charles was delermined immediately to dissolve the parliament. When this resolution was known, the house of peers, whose compliant behaviour entitled them to some au- thority with him, endeavoured to interpose ; and they petitioned him that he would allow the parliament to sit some time longer. " Not a moment longer," cried the king hastily ; and he soon after ended the -session by .a dissolution. As this measure was foreseen, the commons took care to finish and disperse their remonstrance, which they intended as a justification of their conduct to the people. The king, likewise, on his part, pnblislied a declaration, (l.lth June,) in which he gave the rea- sons of his disagreement with the parliament, .and of their sudden dissolution, befoie they had time to con- clude any one act. These jiapers furnished the parti- SOJIS on both sides with am]ilo nnitter of apology or of recrimination, lint all impartial men judged, " T/ial the commons, though they had not as yet violated any law, yet, by their uiipliableness and independence, were insensibly changing, perhaps improving the spirit and genius, while tlwy preserved the form of the constitu- tion : and llial the king was .acting altogether without any jdan ; running on in a road sniTouuded on all siiles with the nuist dangerous precipices, .and concert- ing no proper mea.sures, either for sidimitting to the obstinacy of the commons, or for subduing it." After a breach with the I'.arllament, which seemed so difficult to repair, the only ralionr.l counsel which Ch.arles could ])ursue, was, innnediately to conclude a pe.ace with Spain, and to render himself, as far as pos- sible, independent of his iieoplo, who discovered so little inclimition to support him, or rather who seem to have formed a detonnined resolution to abridge his authority. Nothing could be more easy in the execu- tion than this measure, nor more agreeable to his own and to national interest. But, besides the treaties and engagements which he had entered into with Holland and l)onmark, the king's thoughts were at this time averse to pacific counsels. There aretwocireunistauees in Charles's diar.acter, seemingly incompatible, wbieh attended him during the wlujle course of his reign, and were in part the catise of his misfortunes : — he was very steady and even obstinate in his purpose; and ho w.is easily governed, by reason of his facility, and of his deference to men much inferior to himself both in morals and undersl.anding. His great ends he infiex- ibly maint.ained : but the means of attaining them he ifadily received from his niinisteis and favourites, though not alw.ays fortunate in his choice. The vlo- lout, impetuous linckingliam, inflamed with a desire of • revenge for injuries which he himself had committed, , and animated with a love of glory which he hud not j talents to merit, had, at this time, notwithstanding ; his profuse, licentious life, acquired an inviuciblo ascendant over the virtuous and gentle temper of the king. VIOLENT JIEASURES OF THE COURT. The new counsels, which Charles had mentioned to the parliament, were now to he tried, in order to supply his necessities. Had he possessed any military force, on which he could rely, it is not improbable, that he had at once taken oflf the nuisk, and governed without any regard to parliamentary privileges : so high an idea hail he received of kingly ]irerogalive, and so contemp- tible a notion of the rights of those popular assemblies, from w liich, he very naturally thought, he had met with such ill usage. But his army was new levied, ill paid, and worse disciplined ; nowise superior to the militia, who were much more numerous, and who were in a great measure under the influence of the country gentlemen. It behoved him, therefore, to proceed cautiously, ami to cover his enterprises under the pre- tence of ancient precedents, which, considering the great authority commonly enjoyed by bis predecessors, could not be wanting to himself. A commission was openly granted, to compound with the catholics, and agree for dispensing with the penal laws enacted against them. By this expedient, the king both filled his coffers, and gratified his inclination of giving indulgence to these religionists: but he could not li.ave employed any branch of prerogative wliieli would have been more disagreeable, or would have appeared more exceptionable to his protestant su!)- jects. From the nobility he desired assistance : from the city he required a loan of a hundred thousand pounds. The former contributed slowly: but the latter, cover- ingthemselves under manypreteuces and excuses, ga^e him at last a flat refusal. In oi-der to equip a fleet, a distribution, by order of council, was m.ade to all the maritime towns; and e.ach of them w.as required, with the assistance of the adja- cent counties, to arm so many vessels as were aji- pointed them. The city of Loudon was rated at twenty ships. This is the first appearance in Charles's reign of ship-money ; a taxation which had once been im- posed by IClizabeth, but which afterwards, when carried some steps further by Charles, created such violent discontents. Of some, loans were required : to others, the way of benevolence was i)roi>osed: methods supported by pre- cedent, but always invidious, even in times more sub- missive and conqdiaut. In the most absolute govern- ments such exj)edients would be regarded as irregular and unequal. These counsels for supply were conducted with some niodc'ration ; till news arrived that a great battle was fought (2Gth August) between the king of Denmark and count Tilly, thi; imperial general; in which the Conner was totally defeated. Money now, more I ban ever, became necessary, in order to repair so great a breach in the alliance, and to siqiport a ])rince who was so nearly allied to Charles, and who h:id been engaged in tlie war chiefly by the intrigues, solicitations, and promises of the English monarch. After some delibe- ration, an act of council was p.assed, iuqiorting, tl-.at as the urgency of att'airs admitted not the w.ay of parli.a- meut, the most speedy, equal, and convenient method of supply was by a general loan from the subject, according as c^'ery man was assessed in the rolls of the last sid.)sidy. That precise sum was reqtiircd whicii each w ould have paid, had the vote of four subsidies passed into a law : but care was taken to inform the people, that the sums exacted were not to be called subsidies, but loans. Had any doubt remained, whether forced loans, however authorized by precedent, aiiorsonal liberty, as to secure it against [U'bitrary power in the crown, by six sever.al st.atutes, and by an article cf the Gkeat Ck ahtkr itself, the most sacred foundation of the Laws and constitution. But the kings of ICngland, who had not been able to prevent the enacting of those law.s, had sufticient au- thority, when the tide of liberty was spent, to obstruct their regular execution; and they deemed it super- fluous to attempt the formal repeal of statutes wliich they found so many expedients and pretences to elude. Tnrb\ilent and seditious times freijuently occurred, when the safety of the people absolutely required the confinement of factious leaders ; and by the genius of the old constitution, the prince, of himself, was .accus- tomed to assume every branch of jirerogative, which was found necessary for the preservation of public peace and of his own .authority. Exjiediency at other times would cover itself under the appearance of ne- cessity; and, iu proportion as precedents midtiplied, the will alone of the sovereign was sufficient to supply the place of exjiediency, of which he constituted him- self the sole judge. In an age and nation where the power of atuibulent nobility prevailed, and where the king b.ad no settled military force, the only means that eoitUl maintain public peace, was the exertion of such prompt and discretionary powers in the crown ; and the public itself had become so sensible of the necessity, that those ancient laws in favour of personal liberty, while often violated, bad never been challenged or revived, during the cour.se of near three centuries. Though rebellious .subjects bad frequently, in the open field, resisted tlie king's .authority : no person had been found so bold, when confined and at mercy, as toset him- self in opposition to regal power, and to claim the pro- tection of the constitution against the will of the sove- reign. It was not till this age, when the spirit of liberty was universally diffused, when the jninciples of govern- ment were nearly reduced to a system, when the tem- pers of men, more civilized, seemed less to rcquiie those violent exertions of ])rcrogative, that these five gentlemen above mentioned, by a noble efi'ort, ven- tured, in this national cause, to bring the question to a final determination. And the king was astonished to observe, that a power exercised by his jjredecessors, almost without interruption, was found, upon trial, to be directly opposite to the clearest laws, and supported by few undoubted precedents in courts of judicature. 'I'hese had scarcely, in any instance, refused bail upon commitments by special command of the king ; because the persons committed had seldom or never dared to demand it,. at least to insist on their demand. IG27. Sir Ilandolpjh Crew, chief-justice, had been dis- placed, as unfit for the i)nr]iose3 of the court : sir Ni- cholas Hyde, esteemed more obsequious, had obtained that high office ; yet the judges, by his direction, went no further than to remand the gentlemen to prison, and refuse the bail which was ottered. Heathe, the attorney-general, insisted, that the court, in imitation of the judges in the 34th of Elizabeth, shoiJd enter a general judgment, that no bail could bo granted, upon a commitment by the king or council. But the judges wisely declined complying. The nation, they saw, was already to the last degree exasperated. In the present disposition of men's minds, univeisal complaints pre- vailed, as if the kingdom were reduced to slavery. And the most invidious prerogative of the crown, it was said, that of imprisoning the subject, is here openly and solemnly, and in numerous inst.ances, exercised for the most invidious purpose — in order to extort loans, or rather subsidies, without consent of jjarliament. liut this was not the only hardship of which the nation then thought they had reason to complain. Tho army, which had made the fruitless expedition to Cladiz, was disjiersed throughout the kingdom ; and money was levied upon tho counties for tho payment of their quarters. The soldiers were billeted upon private bouseg, contrary to custom, which required that, in all ordi- nary cases, they should be quaitered in inns and pub- lic houses, 'i'hose \vho had i-efused or delayed tho loan, were Chap. L.] CHARLES I. 1025—1(149 P05 sure to be loaded with a great number of tliese danger- ous aud disorderly guests. Many too, of low condition, who had shown a re- fractory disiio.sition, were pressed into the service, and enlisted in the fleet or army. Sir Peter Ilaynian, for the same rea.son, was dispatched on an errand to the jialatinate. Glanville, an eminent lawyer, had been obliged, during the former interval of parliament, to accept of an office in the navy. The soldiers, ill paid and undisciplined, committed many crimes and outrages, and much increased tiie public discontents. To prevent these disorders, mar- tial law, so requisite to the support of disciphne, wa.s exercised upon the soldiers. By a contradiction, wUieli is natur.al when the people are exasperated, the out- rages of the army were complained of; the remedy was thought still more intolerable. Though the ex- pediency, if we are not rather to say the necessity, of martial law, had formerly been deemed, of itself, a sufficient ground for establishing it ; men, now become more jealous of liberty, and more retiued rea.soners in questions of government, regarded as illeg.al aud arbi- trary eveiy exercise of authority which w.;s not sup- ported by e-xpress statute or unintcriupted precedent. It may safely be affirmed, that, except a few cour- tiers or ecclesiastics, all men were displeased with this high exertion of prerogative, and this new spirit of ad- ministration. Though ancient precedents were pleaded in favour of the king's measures; a con.siderable dif- ference, ii])on comparison, was obsei-ved between the cases. Acts of power, however irregular, might casu- ally, and at intervals, be exercised by a prince, for the sake of dispatch or expediency ; and yet liberty still subsist in some tolerable degree under his admi- nistration. But where all those were I'educed irito a system, were exerted without interruption, were studi- ously sought for, in ordci to supply the place of laws, and subdue the refractory spirit of the nation, it wa.s necessary to find some speedy remedy, or finally to abandon all hopes of preserving the freedom of the constitution. Nor did moderate men esteem the j)ro- vocation which the king had received, though great, sufficient to warrant all these violent measures. The commons, as yet, had nowise invaded his authority : they had only exercised, as best pleased them, their own privileges. Was he justifiable, because from one house of parliament he had met with harsh and un- kind treatment, to make in revengeau inv.asion on the rights and liberties of the whole nation '. WAR WITH FRANCE. But great was at this time the surprise of all men, when Chai'les, baffled in every attempt against the Aus- trian dominions, embroiled with his own subjects, un- supplied with any treasure but what he extorted by the most invidious and most dangerous measures ; as if the half of Europe, now his enemy, were not sufficient for the exercise of military prowess ; wantonly att^ieked France, the other great kingdom in his neighbourhood, and engaged at once in war against these two powera, whose interests were hithei to deemed so incompatible, that they could never, it was thought, agree either in the same friendships or enmities. All authentic me- moirs, both foreifrn and domestic, a-scribe to Bucking- ham's counsels this war with France, and represent him as actuated by motives, which would appear in- credible, were we not acquainted with the violence and temerity of his character. The three great monarchies of Europe were at this time ruled by young princes, Philip, Louis, and Charles, who were nearly of the same age, and who had re- signed the government of themselves, aud of their kingdoms, to their creatures and ministers, Olivarez, Richelieu, and Buckingham. The people, whom the moderate temper or narrow genius of their princes ■wonld have allowed to remain for ever in tranquillity, were strong-ly agitated by the emulation and jealousy of the ministers. Above all, the towering spirit of Richelieu, incapable of rest, promised a.u active age, and gave indications of great revolutions throughout all Europe. Tills man had no sooner, by suppleness and intrigue, gotten possession of flie reins of government, tlian he formed at once three mighty projects — to subdue the turbulent spirits of the great, to reduce the rebellious hugoiiots, and to curb the encroaching power of tho house of Austria. Undaunted and implacable, pru- dent and active, he braved all the opposilion of the French princes and nobles in the prosecution of hia vengeance ; be discovered and dissipated all their secret cabals and conspiracies, ill-, sovereign himself he held in subjection, while he exalted the throne. The people, while they lost their liberties, acquired, by means e? his administration, learning, order, discipline, aud re- nown. That confused .and inaccurate genius of govern- ment, of which France p.arteok in common with other European kingdoms, he changed into a simple mo- narchy ; at the very time when tho incapacity of Buck- ingham encouraged the free spirit of the commons to establish in England a regular system of liberty. However unequal the comparison between these mi- nisters, Buckingham had entertained a mighty jealousy against Richelieu ; a jealousy uot founded on rivalship of power and politics, but of love and gallantry ; where the duke w.is as much superior to the cardinal, as he was inferior in every other particular. At the time when Charles married by pro.xy (ho princess Henrietta, the duke of Buckingham had been sent to France, in order to grace the nuptials, and con- duct the new queen info England. Tho eyes of the French court were directed by curiosity tov.ards that man, who had enjoyed the unlimited favour of two suc- cessive mouarchs, aud who, from a private station, had mounted in the earliest youth to the absolute govern- ment of three kingdoms. The beauty of his person, the gracefulness of his air, the splendour of his equi- page, his fine taste in dress, festivals, and carousals, corresponded to the prepossessions entcrtaiued iu his favour : the afTability of his behaviour, the gaiety of his manners, the magnificence of his expense. Increased still further the general admiration which was paid him. All business being already concerted, the time was entirely spent in mirth and entertainments ; and, dnr- iu:; those splendid scenes among that gay people, the duke found himse'f in a situation where he was per- fectly qualified to excel. But his great success at Paris proved as fatal as his former failure at Jladrid. En- couraged by the smiles of the court, he dared to carry his ambitions .addresses to the queen herself; and he failed not to make impression on a heart not undis- posed to the tender passions. That att.achmeut, at least of the mind, which appears so delicious, and is so dangerous, seems to have been encouraged by the prin- cess ; and the duke presumed so far on her good graces, that, after his departure, he secretly returned upon some pretence, and, paying a visit to the queen, was dismissed with a reproof which savoured more of kind- ness than of anger. Information of this correspondence was soon carried to Richelieu. The vigilance of that mluistor was here further roused by jealousy. He loo, either from vanity or politics, had ventured to pay his addresses to the queen. But a priest, past middle age, of a severe cha- racter, and occupied in the most extensive ]Jans ot ambition or vengeance, was but an unequal match iu that contest, for a. young courtier, entirely disposed to gaiety and gallantry. The cardinal's disappointment strongly inclined him to counterwork the amorous pro- jects of his rival. When the duke was making prepa- rations for a new embassy to Paris, a message was sent him from Louis, that he must not think of such a jour- ney. In a romantic passion he swore, " Thai he xeould see the queen, in spile of all the power uf France ;" au>I, fVom that moment, he determined to engago England iu a war with that kin;;d(mi. 606 TIIK HISTOHY OF KNCI.AND. [Cha£. LI lie first took advantage of some quarrels excited by tlie queen of England's attendants ; and ho persuaded Charles to dismiss at once all her French servants, con- trary to the i>rtitles of the marriage treaty. He en- couraged the Knglish ships of war and privateers to seize vessels belonging to French inerchauts ; and these he torthwilh condt-mned as prizes, by a sentence of the court of admiralty. But finding that .all tliesc injuries produced oidy remonstrances and embassies, or at most reprisals, ou the part of France, he resolved to second the intrigues of the duke of Soubize, and to undertake at once a military expedition against that kingdom. Soubize, who, "with his brother the duke of Ivulian, was the loader of the hugonot faction, w.is at that tinio in London, and strongly solicited Charles to embrace the protectiiiu of Ihese distressed religionists. He re- presented, that after the inhabitauls of RochcUe h.ad been repressed by the combined squadrons of England and Holland, after peace was concluded with the French kiu" under Charles's mediation, the ambitious eardiiuil was°still meditating the destruction of the luigonots; that preparations were silently making in_ evciy pro- vince of France for the suppression of their religion ; that forts were erected in older to bridle Itochclle, the most considerable bulwark of the protostnnts ; that the reformed in France cast their eyes on Charles as the head of their faith, and considered him as a prince en- gaged by interest, as well as inclination, to support them; that, so long as their party siibsisted, Charles might rely on their attachment as niucli as on that of his' own "subjects; but if theiv liberties were once ravisiied from them, the power of France, treed from this impediment, would soon become formidable to England, and to all the neighbouring nations. EXPEDIIION TO THE ISLE OF RHE. Juhj 9. Though Charles probably bore but small (a\ our to the hugonols, who so much resembled the puritans in discipline and worship, in religion and politics, he yet allowed himself to be gained by these arguments, en- forced by the solicitations of Uuckingham. A fleet of a hundred sail, and an army of seven thousand men, were fitted out for the invasion of France, aud both of them intrusted to the command of the duke, who was altogetiier un.acquainted both with laud and sea-service. The fleet appeared before Rochelle ; but so ill-concerted were ISuckingliam's measures, that the inhabitants of that city shut their gates, and refused to admit allies, of whose coming they were not previously inlormed. All his military operations showed equal incapacity and inexperience. Instead of attacking Oleron, a fertile island and defenceless, he bent his course to the isle of Rhe, which was well garrisoned and fortified : having landed his men, though with some loss, hefollowed not the blow, but .allowed Toiras, the French governor, five days resjiite ; during which St. JIartin was victu- alled and provided for a siege. He left behind him the suiall fort of Prie, which could at fiist have nuide no manner of resistance : though resolved to starve St. Martin, he guarded the sea negligently, and allowed provisions and ammunition to be thrown into it ; de- sp.airing to reduce it by famine, he attacked it without havuig made any breach, and rashly threw away tlie lives of the soldiers : having found that a FrLnch army had stolen over in small divisions, aud had landed at Prie, the fort which he had at first overlooked, he be- gan to think of a retreat (28th October) ; but made it so unskilfully, that it was equivalent to a total rout : he was the last of the army that embarked ; .and he re- turned to England, having lost two-thirds of his land- forces ; totally discredited both as an admiral and a general; and bringing no praise with him, but the vul- gar one of courage and personal bravery. The duke of Rohan, who had taken arms as soon as Buckingham appeared upon the coast, discovered the dauffcrous spirit of tno sect, without being able to do any mischief: the iuhaliitants of tlochoUe, who had at last been induced to join the English, liastencd the ven- geance of their master, exhausted tlicir provisions in supplying their allies, and were threatcueu wiili an nu- mediate siege. Such were the fruits of Buckingham's expedition against France. CHAPTER LI. Tliiid r.-.iliamcnt Pcriticii of Ripht rroTOgauon Death cf Uuck. ingham New Session of J*ftrliainciil Tnnna.^c and rounilasc Anniiiifuiism iJiswluUon uf [he I'arliaincnc. THIRD PARLIAiMENT. 1C28. '"I ''IIEKE was reason to apprehend some disorder or X insurrection from the discontents which prevailed among the people in England. Their lilierties, they believed, were ravished from them; illegal taxes extorted; their commerce, which had met with a severe check from the Siianisli, was totally annihilate 1 by the French war; those military honours Iraas- mitted to them from their ancestors had received a grievous stain by two unsuccessful and ill-conducted expeditions ; scarce an illustrious family but mourned, from the last of them, the loss of a son or brother; greater calamities were dreaded from the war with these powerlul monarchies, concurring with the in- ternal disorders under which the nation Laboured. Aud these ills were ascribed, not to the refractory dis- position of the two former parliaments, to which they were [lartly owing ; but solely to Charles's obstinacy, in adhering to the counsels of Buckingham ; a niau nowise entitled, by his birth, age, services, or merit, to that unlimited confidence reposed in him. To be sa- crificed to the interest, policy, and ambition of the great, is so much the common lot of the people, tliat they may appear uureasouable v.lio would pretend to complain of it; but to be the victim of the frivolous gallantry of a favourite, and of his boyish caprices, seemed the object of peculiar indignation. In this situation, it may be imagined, the king and the duke dreaded above all things the assembling of a liarliament: but so little foresigjit had they possessed in their enterprising schemes, that they found them- selves under an absolute necessity of embracing that expedient. The money levied, or rather extorted, un- der colour of prerogative, had come in very slowly, and had left such ill-huniour in the nation, that it a|>pe.ired dangerous to renew the experiment. The absolute necessity of supjily, it was lii.ped, would en- gage tlie commons to I'oiget all past injuiics; and having expei'ienced the ill etfects of former obstinacy they would probably assemble with a resolution of making some reasonuble compliances. The more to soften them, it was concerted, by sir Robert Cotton's advice, that Uuckinghain should be the first person that proposed in council the calling of a new parlia- ment. Having laid in this stock of merit, he expected that all his former misdemeanors would be overlooked and forgiven ; and that, instead of a tyrant aud op- jiieosor, he should be regarded as the first patriot in the nation. The views of the popular leaders » ere much more judi- cious .and prefiuind. When the commons assembled, (lytliMarcli,) they appeared to be men of the same inde- pendent spirit with tlieir predecessors, and possessed of such riches, that their property was computed to surpass three times that cf the house of peers; they were deputed by boroughs and counties, inflamed all of them by the late violations of liberty ; many of the members themselves had been cast into prison, and had sufl'ered by the measures of the court; yet not- withstanding these circumstances, which might prompt them to embrace violent lesoictions, they entered CriAr. I.I.] CHARLES 1. 1625— l(!i;». 607 upon liusincss with perfect temper and dcconmi. 'J'liey considered, tli;U tlie king, disj;iisted at these popular asscmbhes, and little prepossessed in favour of their pri- vileges, wanted but a fair pretence for breaking willi them, and would seize the first opportunity oftered by any incident, or any nndutiful beba^■ic)ur of the mem- bers, lie fairly told them in his first spcivh, that " if they should not do their duties, in (unitrilmting to the nece.'sities of llie state, he must, in discharge of his conscience, use those other means which (!od had put into his hands, in order to save that which the follies of some particular men may otherwise ]uit in danger. Take not this for a tlireatening," added the king, " for I scorn to tlireaten any but my equals ; but as an admonition from him who, by nature and duty, has most care of your preservation and jirosperity." The lord-keeper, by the king's direction, subjoined, "This way of parliamentary supplies, jus his majesty told you, he hath chosen not as the only way, but as the fittest ; not because he is destitute of others, but because it is most agreeable to the goodness of his own most graci- ous disposition, and to tlie desire and weal of his peo- ple. If this be deferred, necessity and the sword of the enemy make way for the others. Remember his m.njesty's admonition ; I say, remember it." From tlieso avowerogntIvc, and cramp the sovereign in liis protection of tlie public, and his execution of tlio laws. But above all branches of prerogative, that which is most uecessai-y to l)e preserved, is the power of imprisonment. Faction and discontent, like dis- eases, frequently arise in every political body; and during these disorders, it is by the salutary exercise alone of this discretionary power, that rebellions and civil war3 can be prevented. To circumscribe this power is (o destroy its nature : entirely to abrogate it, is impracticable ; and the attempt itself must prove dangerous if not pernicious to the public. The supreme magistrate, in critical and turbulent times, will never, agreeably either to prudence or duty, allow the state to perish, while there remains a remedy, which, how irre- gular soever, it is still in his power to apply. And if, moved by a regard to public good, he employs any exercise of power condemned by recent and express statute, how greedily, in such dangerous times, will factious leaders seize this pretence of throwing on his government the imputation of tyranny and despotism ? Were the alternative quite necessary, it were surely much better for human society to be deprived of liberty than to be destitute of government. Impartial reasoners will confess, that this subject is not, on both sides, without its difHculties. Where a general and ligid law is enacted against arbitrary im- prisonment, it would appear, that government cannot, in times of sedition and faction, be conducted but by tem|iorary suspensions of the law ; and such an expe- dient was never thought of during the ago of Charles. The meetings of parliament were too precarious, and their determinations might be too dilatory, to serve in cases of nrgent necessity. Nor was it then conceived, that the king did not possess of himself suihcient power for the secuiily and protection of his people, or that the authority of those popular assemblies was ever to become so absolute, that the prince must ahvays con- form himself to it, and could never have auy occasion to guard against Iheir pi-actices, as well as against those of liis other subjects. Though the house of lords was not insensible to the reasons urged in favour of the pretensions of the com- mons, they deemed the arguments pleaded in favour of the crown still more cogent and convincing. That as- sembly seems, during this whole period, to have acted, in the main, a reasonable and a moderate part ; and if their bias inclined a little too much, as is natural, to the siile of monarchy, they were f;ir from entertaining any design of sacrificing to arbitrary will the liberties and privileges of the nation. Ashley, the king's Serjeant, having ;isserted, in a pleading before the peers, that tlie king must sometimes govern by acts of state as well as by law, this position gave such offence, that he was immediately committed to prison, and was not released but upon his recantation and submiL-sion. Being, how- ever, afraid lest the commons should go too far in their inojected petition, the peers proposed a plan of one more moderate, which they recommended to the con- sideration of the other house. It consisted merely in a general declaration, that the Great Charter, and the six statutes conceived to be explanations of it, stand still in force, to all intents and purposes; that, in con- .scqnence of the cliaiter and the statutes, and by the tenor of the ancient customs and laws of the realm, every subject has a fundamental property in his goods, and a fundamental liberty of his person ; that this pro- perty and liberty .ire as entire .it present as during any former period of the Knglish government ; that in all common cases, the common law ouglil to bo the stand- ard of proceedings : " And in case, that, for the security of his majesty's person, the general safety of his peo- ple, or the peaceable government of the kingdom, the king shall find just cause, for rer^sons of state, to im- prison or I'ostrain any man's person, he was petitioned graciously to declare, that, within a convenient time, he shall and will express the cause of the commitment or i-sstraint, either general or special, and upon a c.inse so Vol. I. expressed, will leave the prisoner immediately to he tried according to the common law of the laud." Archbishop Abbot was employed by the lords to re- commend, in a conference, this plan of a petition to l)i.> house of commons. The prelate, as was, no dou))i, foreseen from his known principles, was not extremely urgent in his applications; and the lower house war. fully convinced that the general declarations signified nothing, and that the latter clause left their liberties rather in a worse condition than before. They pro- ceeded, therefore, with great zeal, in framing tJie model of a petition, which should contain expressions more precise, and more favourable to public freedom. The king could easily see the consequence of these proceedings. Though be had offered, at the beginning of the session, to give his consent to any law for the security of the rights and liberties of the people, he had not expected that such inroads would be made on his prerogative. In order, therefore, to divert the commons from their intention, he sent a message, wherein he acknowledged past errors, and promised that, hereafter, there should be no just cause of com- plaint. And he added, "That tin; affairs of the king. dom press him so, that ho could not continue the ses- sion above a week or two longer : and if the house be not ready, by that time, to do what is fit for themselves, it shall be their own fault." On a subsequent occasion, he aslccd them, " Why demand explanations, if you doubt not the performance of the statutes, according to their true meaning ? Explanations will hazard an encroachment iqion the prerogative. And it may well be said, "What need a new law to confirm an old, if you repose confidence in the declarations which his m.ajesty made to both houses ?" The truth is, the Great Char- ter and the old statutes were sufficiently clear in favour of personal liberty : but as all kings of England had ever, in cases of necessity or expediency, been accus- tomed, at interv.als, to elude them ; and as Charles, in a complication of instances, had lately violated them ; the commons judged it requisite to enact a new law, which might not be eluded or violated, b}- any interpre- tation, coustraction, or contrary precedent. Nor wa.s it sufficient, they thought, that the king promised to I'eturn into the way of his predecessors. His prede- cessors, in all times, had enjoyed too much discretion- ary power ; and by his recent abuse of it, the whole world li.ad reason to see the necessity of entirely re- trenching it. The king still persevered in his endeavours to elude the petition. lie sent a letter to the house of lords, in which he went so far as to make a particular dc( lara- tion, " That neither he nor his [irivy-council shall or will, at any lime hei'eafter, commit or command to pri- son, or otherwise restrain, any man for not lenduig money, or for any other cause, which in his eonscienco he thought not to concern the public good, and tho safely of king and people." And be further declared, "That he never would bo guilty of so base an .action ■as to preteud any cause, of whose truth he was not fully satisfied." Cut this promise, though enforced to tlic commons by the commendation of the upper hou.se, made no more impression than all the former messages. Among the other ev.asions of the king, we may reckon tho proposal of the house of peers to subjoin to the intended Petition of Right the following clause : " We humbly present this petition to your majesty, not only with a care of preserving our own liberties, but with due regard to leave entire that soverciyn pciver with which your majesty is intrusted for the protection, .safety, and happiness of your people." Less penetra- tion than was possessed by the loaders of the house of commons, could easily discover how captious this clause was, and how much it was calculated to elude the whole force of tho petition. These obstacles, therefore, being surmounted, the Petition of Right passed the commons, and was sent to the upper house. [See note SU, at the end of thU Vtl.] Tho pecis, who v.ere probablv well pleased in .secret 4 1 610 THE HISTORY OF ENGLAND. [Chap. LI. tiiiitall tlioir solicitations IiaJ been duiloil Ijy the com- mons, (luiclJv iiasseil tlie l)c'litian witliout any material altei-ation ; a'nd uotliiiig but the royal assent was want- ing to give it tlie force of a law. Tlie king accordingly came to the house of peers; sent for the commons; ami, being seated in his chair of state, the petition was read to him. Great was now the astonishment of all men, when, instead of the usual concise and clear form, bv which a bill is either confirmed or rejected, CliarU's !;aid, iu answer to the petition, "Tln^king willetli, that ri'ht be done according to the laws and customs of the realm, and that the statutes be ])nt into execution ; that his subjects may have no ea\iso to complain of any wrong or oppression, contrary to their just rights and liberties, to the preservation whereof he holds himself in conscience as much obliged as of his own prero- gative." It is sui'prisiug that Charles, who luid seen so many instances of the jealousy of the commons, who bad himself so much roused that jealousy by his frequent evasive messages during this session, could imagine that they wmdd rest satisfied with an answer so vague and nndeterminate. It was evident, that the unusual form alone of the answer must excite their attention ; that the disappointment must inflame their anger; and that theiefore it was necessary, as the petition seemed to bear hard on royal prerogative, to come e.irly to some fixed resolution, either gracefully to conijjly with it, or courageously to reject it. It happened as might have been foreseen. The com- mons returned in very ill-humour. Usually, when in that disposition, their zeal for religion, and their en- mity against the unfortunate catholics, ran extremely high. But they had already, in tlie beginning of the session, presented their petition of religion, and bad received a satisfactory an-^wer ; though they exjiected that the execution of the laws .ag.aiiist papists would, for the future, be no more exact and rigid, than tliey had hitherto found it. To give vent to their present indignation, they fell witli their utmost force on Dr. JIan waring. There is nothing which tends more to excuse, if not justify, the extreme rigour of the commons towards Charles, than his open encouragement and avowal of sucli general principles .as were altogether iucompatible with a limited government. JIanwaring had preached a sermon, w hicli the commons found, upon inquiry, to be printed by .sjiecial command of the king; and, when this sermon was looked into, it contained doctrines subversive of all civil liberty. It taught, that though property was commonly lodged in the subject, yet, whenever any exigency required supply, all property was transferred to the sovereign ; that the consent of parliament was not necessary for the imposition of taxes ; and that the divine laws reqiiired compliance with every demand, how irregular soever, which the prince shouW make upon his subjects. For these doc- trines the commons impeached Jlanwaring. The sen- tence, pronounced upon liim by the peers, was, that he sliould be imprisoned during the pleasure of the house, be fined a thousand pounds to the king, make submis- sion and acknowledgment of his oft'ence, be susjicnded during three years, be incajjablo of holding any ecde- niastical dignity or secular office, and that his book be called in and burnt. It may be worthy of notice, that no sooner was the .'iCssion ended, than this man, so justly obnoxious to both houses, received a pardon, and was promoted to a living of considerable value. Some years after, he was raised to the see of St. Asaph. If the republican spirit of the commons increased, beyond all reasonable bounds, the monarchical spirit of the court ; this latter, carried to so high a pitch, tended still further to aug- ment the former. And thus extremes were everywhere effected, and the just medium was gradually deserted by all men. From Manwaring, the bouse of commons proceeded to censure the conduct of Buckingham, whose name hitherto they Iiad cautiously forborne to mention. In vain did the king send them a message, in which lie told them, that the session was drawing near to a con- clusion ; and desired, that they would not enter upon new business, nor cast any aspersions on his gove;n- ment and ministry. Though the court endeavoured to explain and soften this message by a subsequent mcs- s.age, .as Charles was ajit hastily to correct any haaty step which he had taken, it seived rather to inllame than aiqiease the commons : as if tlie method of thea' proceedings bad here been prescribed to them. It was foreseen, that a great tempest was ready to burst on the duke ; and in order to divert it, the king thought proper, ujiDu a joint application of the lords and com- mons, to endeavour giving them satisfaction with reg.ard to tlie relitiou of Kiglit. lie came tl;erefore to the house of peers, and, pronouncing' the usual form of words, " Let it be law, as is desired," gave full sanction and authority to the petition. The acclamations with which the house resounded, and the universal joy dif- fused over the nation, showed how much this petition had been the object of all men's vows and expectatioiLs It m.ay be .aifirmed, without .any exaggeration, that the king's assent to the Petition of Kiglit produced such a change in the government, as was almost equivalent to a revolution; and by circumscribing, in so many articles, the royal prerogative, gave additional security to the liberties of the subject. Yet were the commons far from being satisfied \\ith this important concession. Their ill-humour had been so much irritated by the king's frequent evasions and delays, that it could not bo presently appeased by an assent, which he allowed to be so reluctantly extorted from him. rerhajis too, the popular leaders, imjilacable and artful, saw the op- portunity favourable ; and, turning against the king those very weapons with which he had furnished them, resolved to pursue the victory. The bill, however, for five subsidies, which had been formerly voted, immedi- ately passed the house, because the granting of that sujjply was, iu a manner, tacitly contracted for, upon the royal assent to the petition; and had faith been here violated, no further confidence could have sub- sisted between king and parliament. Having made this concession, the commons continued to carry tlieir scrutiny into every part of government. In some par- ticular's their industry was laudable ; in some it may be liable to censure. A little after writs were issued fur summoning this ])arliameiit, a commission li.ad been granted lo sir Thomas Coventry, lord-keep adminis- tration dcsplcahle and odious. Tlie comjiositious witli calliolics, tliey said, amounted to no less than a tolera- tion, hateful to Cod, full of dishonour and disprofit to hi.s majesty, and of extreme scandal ami grief to his good people; they tool; notice of the violations of li- berty above mentioned, against which the Petition of Kight seems to have provided a sufficient reniei>ointed for in.aking the assessments had connived at all frauds which might diminish the tnpply, and reduce the crown to still greater necessi- ties. This national discontent, communicated to a desperate enthusiast, soon broke out in an event, which may lie considered as remarkable. There was one Felton, of a good family, but of an ardent, melancholic temper, who had served under the duke in the station of lieutenant. Ilis captain being killed in the retreat at the isle i.f Rhe, Velton had ap- plied for the company; .and when disappointed, he threw np his commission, and retired in discontent from the army. While (irivate resentniput was boil- ing in his sullen, unsociable mind, he heard the nation resound with romi)laints against the duke; and he met with the remonstrance of the commons, in which his enemy was represented as the cause of every na- tional grievance, and as the great enemy of the public. Religious fanaticism further inflamed these vindictive reflections ; and he fancied tliat he should do heaven acceptable service, if, ;".t one blow, he dispatclied this dangerous foe to religion and to his country. Full of these dark views he secretly arrived at Portsmouth, at the same time with the duke, and watched for an op- portunity of effecting his bloody purpose. DEATH OF BUCKINGHAXr. ytuffust 23. Soubize and other French gentlemen ; and a difference of sentiment having arisen, the dispute, though eon- ducted with temper and decency, had produced .some of those vclieuient gesticulations and lively exertions of voice, in which that nation, more than the Knglish, are apt to indulge themselves. The conversation being finished, the duke drew towai-ds the door; and in that passage, turning himself to speak to sir Thomas Fryar, a colonel in the army, he was, on the sudden, over sir Thomas's shouldei', struck upon the breast with a knife. Without uttering other words than, ''The villain h.as killed mo," in the s.ame moment pulling out the knife, he breathed his last. No man had seen the blow, nor the person who g.avc it; but ill tlie confusion every one made his own con- jecture; and all agreed that the murder had been committed by the French gentlemen, whose angry tone of voice had been he.ard, while their words had not been understood by the bystanders. In tiie hurry of revenge, they had instantly been put to death, had they not been saved by some of more teinjier and judgment, who, though they had the same opinion of their guilt, thought proper to reserve them for a judi- cial trial and examination. Near the door there was found a hat, in the inside of which was sewed a jiapcr, containing foni" or five lines of that remonstrance of the commons which de- clared Buckingham an enemy to the kingdom; and under these lines was a short ejaculation, or attempt towards a pr.ayer. It was easily concluded that this hat belonged to the ass.assin : but the difliciilly still re- mained, ]\'Iio that person should be 1 Fur the writing discovered not the name; and whoever ho wa.s, it was natural to believe tliat he had already fled far enough not to be found without ii hat. In this hurry, a man without a hat was seen walk- ing very composedly before the door. One crying out, " Here is the fellow who killed the duke ; " everybody ran to ask, " Which is he ? " The man very sedately answered, " I am he." The more furious immediately rushed upon liim with drawn swords; others, more de- liberate, defended and protected him: he himself, with open arms, calmly and cheerfully exposed his breast to the swords of the most enraged ; being willing to fall a sudden sacrifice to their anger, rather than be reserved for that public justice which, he knew, must be exe- cuted upon him. ] le was now know n to be that Felton who had served in the army. Being carried into a private room, it was thought proper so far to dissemble as to tell him, that Buckiughani was only grievously wounded, but not without hopes of recovery. Felton smiled, and told 612 THE HISTORY OF ENGLAND. [Chap LI. tlicm, Hint the duUo, lio know, full well, Iiail rccolveil a lilow wliicli liiul terniiiiakil all their hopos. Wlieii cskeJ, at whose iiistiijatioii he had jieiloiineil that hiirrlil deed ? he repliod, that they needed not tionhle themselves iu that imiiuiy; that no man living had credit enough with him to have disposed him to snoli an action ; tiiat he had not even intrusted his purpose loanvone; tliat the resolution proceeded only iVoni liimsclf, and the impulse of his own conscience ; and that his motives would appear, if his hat were found : f.>r that, believing he shonhl perish iu the attempt, ho bad there taken care to explain them. When the king was informed of this assassination, lie received the news in public with an unmoved and undisturbed countenance ; and the courtiers, who studied his looks, concluded, that secretly he was not displeased to be rid of a minister so generally odious to the nation. IJut Cliarles's comm.aud of himself pro- ceeded entirely from the gravity and composure of his temper, lie was still, as much as ever, attached to his f.ivourite; and, during his whole life, he retained an affection for Buckingham's friends, and a prejudice .igainst his enemies, lie urged, too, that Felton should be put to the question, in order to extort from hiin a discovery of his accomplices : but the judges declared, that though that practice had formerly been very use- ful, it was altogether illegal. So much more exact reasoners, with regard to law, had they become, from the jealous scruples of the house of commons. Meanwhile the distress of Rochelle had risen to the utmost extremity. That vast genius of Richelieu, which made him form the greatest enterprises, led him to attempt their execution by me.aus equally great and extraordinary. In order to deprive Rochelle of all succour, he had dared to project the throwing across the harbour a mole of a mile's extent in that boisterons ocean; and having executed his project, he now held the town closely blockaded ou all sides. The inhabi- tants, though pressed with the greatest rigours of fa- mine, still refused to submit; being supported, partly hy the lectures of their zealous preachers, partly liy the daily hopes of relief from England. After Ciick- ingham's death, the command of the fleet and army was conferred on tlie earl of Lindesey ; who, arriving be- fore Rochelle, m.idfi some attempts to bre.ik through the mole, and force his way into the harbour : hut by the delays of the English, that work was now fully finished and fortified; and the Rochellers, finding their bust hopes to fail them, were reduced to surrender at discretion, (Ifjtli October,) even in sight of the English admiral. Of fifteen thousand persons shut ujj iu the city, four thousand alone survived the fatigues and famine which they had undergone. This was the first necessary step towards the pros- perity of France. Foreign enemies, as well as domes- tic factions, being deprived of this resource, that king- dom began now to shine fortli in its full splendour, liy a steady prosecution of wise plans both of war and policy, it gradually gained an ascendant over the rival power of Spain; and every order of the state, and every sect, were reduced to pay submission to the lawful authority of the sovereign. The victory, how- ever, over the hugnnots, was at first pushed by the French king with great modcr.ition. A toleration was still continued to them ; the only avowed and open toleration which, at that time, was granted in any Eu- ropean kingdom. NEW SESSION OF PARLIAMENT, Jamiar;/ 20, 1C29. The failure of an enterprise, in which the English n.ation, from religious symiiathy, so much interested themselves, could not but dimiuisli the king's autho- rity iu the parliament during the approaching session : but the commons, when assembled, found many other onuses of complaint. Buckingham's conduct and cha- racter with some had afforded a reason, Mith others a [iretcnce, for discontent against public measures : but after his death, there wanted not new reasons and new pretences for general dissatisfaction. Manwaring's pardon and promotion were taken notice of: Sibtliorpe and Cosins, two clergymen, who, for like reasons, were no less obuexious to the commons, had met with like favour from the king: Montague, who had been cen- sured for moderation towards the catholics, the greatest of crimes, had been created bishop of Chichester. They found, likewise, upon inquiry, that all the copies of the Petition of Right, which were dispersed, had, by the king's orders, annexed to them the first answer, which li.ad given so little satisfaction to the commons. An expedient by which Charles endeavoured to persuade the people that he had nowise receded from his former claims and pretensions, particularly with regard to the levying of tonnage and poundage. Selden also com- plained in the house, that one Savage, contrary to the Petition of Right, had been punished with the loss of his cars, by a discretionary or arbitrary sen fence of the star- chamber. So apt were the}', on their part, to stretch the petition into such consequences as might deprive the crown of ]>owcrs which, from immemorial custom, were supposed inherent iu ft. TONNAGE AND POUNDAGE. But the great article on which the house of com- mons broke with the king, and which finally created in Charles a disgust to all parliaments, was their claim with regard to tonnage and poundage. On this occa- sion, therefore, it is necessary to give an account of the controversy. The duty of tonnage and poundage, in more ancient times, had been commonly a temporary grant of par- liament ; but it had been conferred on Ileury V., and all the succeeding princes, during life, in order to enable them to maintain a naval force for the defence of the kingdom. The necessity of levying this duty had been so apparent, that each king had ever claimed it from the moment of his accession; and the first par- liament of each reign had usually, by vote, conferred on the prince what they found him already in posses- sion of. Agreeably to the inaccurate genius of the old constitution, this abuse, however considerable, had never been perceived or remedied ; though nothing could have been easier than for the parliament to have prevented it. By granting tliis duty to each prince, during his own life, and, for a year after his demise, to the successor, .all inconveniences had been obviated ; and yet the duty had never for a moment been levied without proper authority. But contrivances of that nature wore not thought of during those rude ages: and as so complicated and jealous a government .as the English cannot subsist without many such refinements, it is easy to see how favourable e\ery inaccuracy must formerly have proved to roy.al authority, which on all emergencies w.as obliged to supply, by discretionary power, the great deficiency of the law's. The parli.ament did not grant the duty of tonnage and poundage to Henry VIII. till the sixth of his reign: yet this prince, who had not then raised his power to its greatest height, continued, during that whole time, to levy the imposition : the parliament, in their very grant, blame the merchants who had neglected tonuike payment to the crown ; and though one expression of that hill may seem ambiguous, they employ the plain- est terms in calling tonnage and poundage the king's due, even before that duty wa-s conferred on him by parliamentary authority. Four reigns, and .above a whole cenlury, had since elapsed ; and this revenue had still been levied before it was voted by parli.ament. So long had the inaccuracy continued, -without being remarked or corrected. During that short interval which passed between Charles's accession and his first i>arliament, he had followed the example of his jin^decessors ; and no fault w.as found with his conduct in this partic\U.Tr, Chap. I.I.] CHARLES I. 1G25 -1CJ3. C13 Put wliat was most rrniarkalilo in tlie pvncoedinf;s of tliDl house of comiiions, and wliat jnovoil bi'vond con- trovci'sy tlial tliey liad sciionslv i'unned a plan for re- ducing tlioii' piiuce to subjection, was, that instead of granting tliis supply during the king's lifetime, as it had been enjoyed by all his immediate predecessors, they voted it only for a year; and, after that should be elapsed, reserved to themselves the power of re- newing or refusing the same concession. IJut the house of peers, who saw that this duty w-as now become more necessary than ever to supply the growing necessities of the crown, and who did not approve of this en- croaching spirit in the commons, rejected the bill; and the dissolution of that parliament followed so soon after, that no attempt seems to have been made for obtaining tonnage and poundage in any other form. [See note 5 X, at the end of this To/.] Charles, meanwhile, continued still to levy this duly by his own aiitiiority; .and the nation was so accus- tomed to that exertion of royal power, that no scruple was at first entertained of submitting to it. Hut the succeeding parliament excited doubts in every one. The commons took there sonie steps towards declaring it illegal to levy tonnage and poundage without consent of parliauicut ; and they openly showed their intention of employing this engine, in order to extort from Hie crown concessions of the most important nature. l!ut Charles w.as not yet sufficiently tamed to compliance ; and the abrupt dissolution of that parliament, as above related, put .an end, for the time, to their further pretensions. The following interval between the second and third parliament w.as distinguished by so many exertions of prerogative, that men had little leisure to attend to the affair of tonnage and ]ioundage, where the abuse of power in the crown might seem to be of a more dis- putable nature. But after the commons, during the precedent session, had rmiedied all these grievances by means of their I'elition of Itight, which they deemed so necessary ; they afterwards proceeded to take the matter into consideration, and they showed the same intention as formerly of exacting, in return for the grant of this revenue, very large compliances on the part of the crown. Their sudden prorog.ation pre- vented them from bringing their pretensions to a full conclusion. When Charles ojicned this session, ho li.ad foreseen that the same controversy would arise; and he there- fore took care, very early, among many mild and re- conciling expressions, to inform the commons, " That he had not taken these duties as appertaining to his hereditary prerogative ; but that it ever was, and still is, his meaning to enjoy them as a gift of his people : and that, if he had hitherto levied tonnage and pound- age, he pretended to Justify himself only by the neces- sity of so doing, not by any riglit which he assumed." This concession, which probably arose from the king's moderate temper, now freed from the impulse of Buckingham's violent counsels, might li.ave satisfied the commons, had they entertained no other view than that of ascertaining their own powers and jirivilegcs. But they carried their pretensions much higher. They insisted, as a necessary preliminary, that the king should once entirely desist from levying these duties ; after which, they were to take it into consideration, how far thi y would restore him to the possession of a revenue, of which he had clearly divested himself. But, besides that this extreme rigour had never been exei'cised towards any of his ]nedccessors, and many obvious inconveniencies must follow from the inter- mission of the customs, there were other reasons which deterred Cli.arlcs from complying with so hard a condition. It w.is probable that the commons might renew their former project of milking this revenue only temporary, and thereby reducing their prince to perpetual dependence: they certainly would cut oft' the new impositions which Mary and Elizabeth, but especially James, iiad levied, and which formed no de- spicable part of the public revrnne; and they ojienlv declared, that they had at present many imporlnn,', pretensions, chiefiy with regard to religion; and if com- pliance were refused, no supply must be expected from the commons. It is easy to see in what an inextricable labyrij.th Charles was now involved. By his own concessions by the general princijiles of the English government and by the form of every bill which had granted this duty, tonnage and poundage was derived entirely froiu the free gift of the people; and, consequently, might be withdrawn at their pleasure. If unreasonable in their refusal, they still refused notliing but what was their own. If public necessity required this supply, it might be thought also to require the king's compli- ance with those conditions which were the price of obtaining it. Though the motive for granting it had been the enabling of the king to guard the seas, it did not follow, that because he guarded the seas, he was therefore entitled to this revenue, without further formality : siuce the people had still reserved to them- selves the right of judging how far that service me- rited such a supply. But Charles, notwithstanding his public declaration, was far from assenting to this con- clusion in its full extent. The plain consequence, he saw, of all these rigours and refinements, and in- ferences, -was, that he, without any public necessity, and without any fault of his own, must, of a sudden, even from his accession, become a magistrate of a very different nature from any of his predecessors, .and must fall into a total dependence on subjects over whom former kings, especially those immediately preceding, had exercised an authority almost unli- mited. Entangled in a chain of consequences which he could not easily bre.ak, he was inclined to go higher, and rather deny the first principle, than admit of conclusions which to him ajipcarcd so .absurd and unreasonable. Agreeably to tlie ideas hitherto onter- t.ained both by natives and foreigners, the monarch he esteemed the essence and soul of the English govern- ment ; and whatever other power pretended to anni- hilate, or even abridge, the royal authority, must necessarily, he thought, citliei in its nature or exer- cise, be deemed no better than an usurpation. AVill- ing to preserve the ancient harmony of the consti- tution, he had ever intended (o comply, as far as he easi/i/ could, with the ancient forms of administi'ntion : but when these forms appeared to him, by the inve- terate obstinacy of the coninions, to have no other tendency than to disturb that harmony, and to intro- duce a new constitution, he concluded, that, in this violent situation, what was subordinate must neces- sarily yield to what was principal, and the privileges of the people, for a time, give place to royal pre- I'Ogative. From the i-auk of a monarch, to be de- graded into a slave of his insolent, ungrateful sub- jects, seemed, of .all indignities, the greatest; and no- thing, in his judgment, could exceed the humiliation attending such a state, but the meanness of tamely submitting to it, without nuakiug some oft'orts to pre- serve the authority transmitted to him by his pre- decessors. Though these were the king's reflections and reso- lutions before the parliament assembled, he did not immediately break with them, upon their delay iu voting him this supply. lie thought that he could better justify any strong measure wliieh he might after- wards be obliged to take, if he allowed them to carry to the utmost extremities their attacks upon his go- vernment and prerogative, lie contented himself, for the present, with soliciting the house by mess.age8 .and speeches. But the commons, instead of hearken- ing to his solicitations, proceeded to carry their scru- tiny into his management of religion, which w.as the only grievance to whicli, in their opinion, they hnd not as yet, by their I'etition of Right, applied a suffi- cient remedy. 614 TIIR HISTORY OF KNOr.AXD [Chap. I.T ABJIINIANISM. It was not possible tliat this oontiiry, so fertile in loligioiis sects and dis]nitcs, coiiM oscnpo the contro- versy concerning fatalism anil free-will, which, lieing strongly interwoven both with pliilosopliy and theo- logy, had, in all ages, thrown every school and every church into such inextricable doubt and perplexity. 'J lie first reformers in England, as in other European countries, had embraced the most rigid tenets of pre- destination and absolute decrees, and had composed, upon that system, alt the articles of their religious creed. But these principles having met with oppo- sition from Arminius .and his sectaries, the contro- vci-sy was soon brought into this island, and began here to diffuse itself The Arminians, finding more encouragement from the superstitious spirit of the church than from the fanaticism of the puritans, gradually incorporated themselves with the former: and some of that sect, by the indulgence of James and Charles, had .attained the highest preferments in the hierarchy. But their success witli the public had not been altogether answcr.able to that whicli they nut with in the church and the court. Throughout the nation, they still lay under the reproach of innovation .and heresy. The commons now levelled against them their formidable censures, and made them the objects of daily invective and decLamation. Their protectors were stigmatized ; their tenets canvassed ; their views represented as dangerous and pernicioiis. To impar- tial spectators surely, if any such had been at that time in England, it must luave given great cntertain- nient, to see a popular assembly, inflamed with fiic- tion and enlliusiasm, pretend to discuss questions to which the gi-eatest philosophers, in the tranquillity of retreat, had never hitherto been able to find any satis- factory solution. Amidst that complication of disputes in which men were then involved, we may observe, that the appel- lation puritan stood for three parties, which, though commonly united, were yet actuated by very different views and motives. There were the political puritans, who maintained the highest principles of civil liberty ; the jHiritans in discipline, who were averse to the cere- monies and episcopal government of the church ; and the doctrinal imrifans, who rigidly defended the spe- culative system of the first reformers. In opposition to all these, stood the court party, the hierarchy, and the Arminians; only with this distinction, that the latter sect, being introduced a few years before, did not, as yet, comprehend all those who were favourable to the church and to mon.arehy. Cut, as the con- troversies on every siibject grew daily warmer, men united themselves more intimately with their friends, and separated themselves wider from their antago- nists; and the distinction gradually became quite uni- form and regular. This house of commons, which, like .all the pre- ceding during the reigns of .T.ames and Charles, and even of Elizabeth, was much governed by the puri- tanical party, thought that they could not better serve their cause than by branding and punishing the Arminian sect, which, introducing au innovation in the church, were the least favoured and least power- ful of all their antagonists. From this measure it was easily foreseen, that, besides gratifying the animosity of the doctrinal puritans, both the puritans in disci- pline, and those in politics, would reap considerable advantages. Laud, Keile, Jlontague, and other bishops, who were the chief supporters of episcopal government, and the most zealous partisans of tlie discipline and ceremonies of the church, were all supposed to be tainted with Arminianism. The same men and their disciples were the strenuous prcichcrs of passive obe- dience, and of entire submission to princes; and if these could once be censured, and be expelled the church and court, it was concluded, that the hierarchy would receive a mortal blow the ceremonies be less rigidly insisted on, and the king, deprived of li*! most faithful friends, be obliged to abate those high claima of prerogative on whicli at |iresent he insisted. But Charles, besides a view of the political conse- quences wliieh nnist result from a compliance with such pretensions, was strongly determined, from prin- ciples of piety .and conscience, to oppose them. Neither the dissipation incident to youtli, nor the pleasures .at- tending a high fortune, had been able to prevent this , virtuous prince from embr.acing the most sincere sen- timents of religion ; and that character which, in that religious .age, should h.ave been of infinite advantage to him, proved in the end the chief cause of his ruin : merely because the religion adopted by him was not of that precise mode and sect which brgan to prevail among his subjects. His piety, though remote from popery, had a tincture of superstition in it ; and, being averse to the gloomy spirit of the puritans, was repre- sented by them as tending towards the abominations of antichrist. I..aud also had unfortunately acquired a great ascendant over him : and as all those prelates, obnoxious to the commons, were regarded as his chief friends and most favourite courtiers, he was resolved not to disarm and dishonour himself, by abandoning them to the resentment of his enemies. Being totally unprovided w itii military force, and finding a refrac- tory independent spirit to prevail among the peoph-, the most solid basis of his authority, he thought, consisted in the support which ho received from the hierarchy. In the debates of the commons which aie trans- mitted to us, it is easy to discern so early some sparks of that enthusiastic fire which afterw.ards set the whole nation in combustion. One Rouse made use of an allusion, which, though famili.ar, seems to have been borrowed from the writings of lord Bacon. " If a man meet a dog alone," said he, " the dog is fearful, though ever so fierce by nature : but if the dog have his master with him, he will set upon that man from whom he fled before. This shows that lower na- tures, being backed by higher, increase in courage and strength ; and certainly man, being b.acked with Omnipotency, is a kind of omnipotent creature. AU things are possible to him that believes ; and where all things are possible, there is a kind of omnipotency. Wherefore, let it be the unanimous consent and reso- lution of US all to make a vow and covenant henceforth to hold fast our God and our religion ; and then shall we henceforth e.\pect, with ceit.ainty, happiness in this world." Oliver Cromwell, at that time a young man of no account In the nation, is mentioned in these debates as complaining of one who, he was told, preached flat popeiy. It is amusing to observe the first words of this fanatical hypocrite cerrespond so ex.actly to his character. The inquiries and debates concerning tonnage and pouiu!ai;e went hand in hand with these theological or metaphysical controversies. The 'officers of the cus- tom-house were summoned before the commons, to give an account by what authority they h.ad seized the goods of merchants who had refused to pay these duties : the barons of the exchequer were questioned concerning their decrees on that head. One of the sheriffs of London was committed to the Tower for his activity in supporting the officers of the custom- house : the goods of RoUes, a merchant, and member of the house, being seized for his refusal to pay the duties, complaints were made of this violence, as if it were a breach of privilege ; Charles supported liis officers in all these measures; and the quarrel grew every d.ay higlier between him and the commons. Mention was made in the house of impcacliing sir Richard Weston, the treasurer; and the king began to entertain thoughts of finishing the session by a dis- solution. Sir John Elliot fr.amed a remonstrance against levy- ing tonnage and poundage without consent of parliil- Chap. LIl.] LiiAiU.liS 1. lf)25— 1649. 615 meut, and offurod it to the clcik to read. It was re- fused, lie read it liimself. The question being tlien called for, the speaker, sir John Finch, .said, " That he had a coniniaud from the king to adjourn, and to put no question."* Upon whicli he rose and left the chair. The ■whole house was in an uproar. The speaker was pushed back into the chair, aud-fortibl}' lield in it by HoUis and Valentine ; till a short re- luoustranco was framed, and was passed by acclama- tion rather than by vote. Papists and Aruiiuians were there declared capital enemies to the commonwealth. Those who levied tonnage and poundage were branded with the same epithet. And even the merchants who should voluntarily p.ay these dutits, were denominated l)etrayers of English liberty, and public enemies. The doors being locked, the gentleman usher of the house of lords, wiio was sent by the king, could not get ad- mittance till the remonstrance was fiuished. IJy the king's order, he took the mace from the table, which ended their proceedings. And a few days after, (lOtli JIareh,) the parliament was dissolved. The discontents of the nation ran high, on account of this violent rupture between tlie king and parlia- ment. These discontents Charles inflamed by his pilectalion of a severity which he had not power, nor probably inclination, to carry to extremities. Sir Miles Uobart, sir Peter Ueymau, Selden, Coriton, Long, Strode, were committed to prison, on account of (lie last tumult in the house, which was called sedi- tion. AVilh great difliculty, and after several delays, lliey were released; and the law was generally sup- posed to be wi'csted, in order to prolong their impii- sonment. Sir John Elliot, Ilollis, and Valentine, were summoned to their trial in the king's bench, for sedi- (ious speeches and behaviour in parliament; but re- i'usiug to answer befoie an iuferior court for their conduct as members of a superior, they were con- demned to be imprisoned during the king's pleasure, to find sureties for their good behaviour, and to be fmed, the two former a thousand pounds a-piece, the latter five hundred. This sentence, procured by tlie influence of the crown, served only to sliow the king's disregard to the privileges of parliament, and to ac- quire an immense stock of poiuil.arity to the suft'crcrs, M-ho had so bravely, in opposition to arbitrary power, defended the liberties of their native country. The commons of England, though an immense body, and possessed of the greater part of national property, were naturally somewhat defenceless, because of their per- sonal equ.ility, and their want of leaders : but the king's severity, if these prosecutions deserve the name, here pointed out leaders to them whose resent- ment was inflamed, and whose courage was nowise daunted by the hardships which they had undergone in so honourable a cause. So n\nch did these prisoners glory in their suft'cr- ings, that though tliey were promised liberty on that condition, they woulil not condescend even to present a petition to the king, expressing their sorrow for having oft'ended him. Tliey unanimously refused to find sureties for their good behaviour; and disdained to accept of deliverance on such easy terms. Nay, rioUis was so industrious to continue his uieritorious distres.s, that, when oue offered to bail him, he would not yield to the rule of court, and be himself bound with his friend. Even Long, who had actually found sureties in the chief-justice's chamber, declared in court, that his sureties should no longer continue. Yet because sir John Elliot happened to die while in custody, a great clamour was raised against the admi- nistration ; and he was universally regarded as a martyr to the liberties of KngUmd, • Tlic king's power of ifiljuuminR, Ha well as prortyutnfr the parliament, WHS and is re\'er c^uesrioned. In the I9th of the late kinp, the judges detcr- jnlrj^ that the ad^ouniinent by the kinK kept the pai'liamtnt ht statu quo liltuf the next sitiing; but that then no committci^s w^-re to mee:; but if lAr adjtt be by the house, then the committees and other matters do ciniiipuc. Pari. Hist. vj'. v. p. itj6* CnAPTER LII. I'eaec with France Peace with Spain State of the Court and Ministry tliaracterof theOueen Strafford -laud Innovations in th'.- Church Irrej;ul?.r Le^■iciof M'>nc. Sei-eritics in the StJir-Chttn;i>tr and lliyh-CuDimission Ship-Moncv Tiial of Hmnbrlf^u ^fllEUE now opens to us a new scene. Charles, A naturally disgusted with parliaments, who, he found, were determined to proceed against him with unmitigated rigour, both in invading his prerogative, and rcfu.siu'r him all supply, resolved not to call any more, till he should see greater indications of a coin- jiliant disposition in the nation. Having lost his great favourite, Buckingham, he became his own minister; and never afterwards reposed in any one such un- liniited confidence. A,.s he chiefly follov/s his own genius and disposition, his measures are henceforth less rash and hasty ; though the general tenor of his administration still wants somewhat of being entirely legal, and perliajis more of being entirely jirudeut. We shall endeavour to exhibit a just idea of the events which followed for some years ; so far as they regard foreign affairs, the slate of the court, and the govermneut of the nation. The incidents are neither numerous nor illustrious ; but the knowledge of them is necessary for understanding the subsequent transac- tions, which are so memorable. PEACE WITH FRANCE AND SPAIN. Charles, destitute of all supply, was necessarily re« duced to embrace a measure which ought to have been the result of reason and sound policy : he made peace with the two crowns against which he had hitherto waged a war, entered into without necessity, and conducted without glory. Notwithstanding the distracted and helpless condition of I'.ngland, no at- tempt was made, either by France or Spain, to invade their enemy ; nor did they entertain any further pro- ject, tlian to defend themselves against the feeble and ill-concerted expeditions of that kingdom. Pleased that the jealousies and quarrels between king and par- liament had disarmed so formidable a power, they carefidly avoided any enterprise ^^llich might rouse either the terror or anguish of the English, and dis- ]iose them to domestic union and submission. The en- deavours to regain the good-will of the nation were carried so far by the king of Spain, that he generously released and sent home all the English prisoners taken in the expedition against Cadiz. The exanqjle was imitated by France, after the retreat of the English from the isle of Rhe. When princes were in sucli dispositions, and had so few pretensions on each other, it could not bo difficult to conclude a peace. The treaty was first signed with France. (14th April.) The .situation of the king's .lifaii-s did not entitle him to demand any conditions for the hugonots, and they were abandoned to the will of their sovereign. Peace was afterwards concluded with S]):iin ; (5th Novem- ber, 1630;) where no conditions were made in fiivour of the palatine, except that Spain promised in general to use their good offices for his rcstor.af ion. The influ- ence of these two wars on domestic aft'airs, and on the dispositions of king and people, was of the utmost con- sequence ; but no alteration was made by them on tho foreign interests of the kingdom. Nothing more happy can bo im.igined than the situ- ation in which England then stood with regard to foreign affairs. Europe was divided between the rival families of Bourbon .and Austria, whose oiqiosile inte- rests, and still more their mutual jealousies, secured the tranquillity of this island. Their forces were ro nearly counterpoised, that no apprehensions wero cntertiiined of any event which could suddenly disturb the balance of power between them. Tlie Spanish monarch, deemcil the most powerful, lay at greatest distance • and the English, by that means, possessed 616 THi; HISTORY OF ENGLAND. [CnM'. Lll tin advantage of bcuig ongagod by political motives into a more intimate union and confedeiaey witli tlie noi:,'Iibouiing potentate. Tlio dispersed situation of tiie^Siianisli dominions rendered tlie naval power of England formidalile to them, and kept that empire in con'^linual ih'pendenee. I^rance, more vigorous and more compact, was every day rising in policy and dis- ci]iline ; and readied, at last, an equality of power with the house of Austria : but her progress, slow and gradual, left it still in the power of England, by a timely interposition, to check her superiority. And thus Charles, could he liave avoided all dissensions with his own subjects, was in a situation to make Iiini- solf be conrted and respected by every power in En- rope ; and, what has scarcely ever since been attained by the princes of this island, he could either be active with dignity, or neutral with security. A neutrality was embraced by the king ; and during the rest of bis reign, be seems to have little regarded foreign affairs, except so far as lie was engaged by honour and by friendship for his sister and the pala- tine, to eniieavom- the ])rocnring of some relief foi- that unhajipy family. He joined his good offices to those of France, and mediated a peace between the kings of Sweden and Poland, in hopes of engaging the former to embrace the protection of the oppressed protestauts in the empire. This was the famed Gus- tavus, whose heroic genius, seconded by the wisest policy, made him in a little time the most distin- guished nmnarch of the age, and rendered bis country, fcn-mcrly unknown and neglected, of great weight in the balance of Europe. To encourage and assist him in his ju-ojected invasion of Germany, Charles agreed to furnish him with six thousand men ; but, that be might preserve the appearance of neutrality, he made use of the marquis of Hamilton's name. Tiiat noble- man entered into an engagement with Gnstavus ; and enlisting these troops in England and Scotland at Charles's exjjense, be landed them in the Elbe. The decisive battle of Leipsic was fought soon after ; where the conduct of Tilly and the valour of the im- ])erialists were overcome by the superior conduct of Gnstavus and the superior valour of the Swedes. What remained of this hero's life was one continued series of victory, for wliich be was less beholden to fortune than to those personal endowments which he derived from nature and from industry. That rapid progress of conquest, which we so much admire in an- cient bistorj', was here renewed in modern annals ; and without that cause to which in former ages it had ever been owing. Jlilitary nations were not now en- gaged against an undisciplined and nnwarlike people ; nor heroes set in opposition to cowards. The veteran troops of Ferdinand, conducted by the most celebrated generals of the age, were foiled in every encounter, and all Germany Avas overrun in an instant by the victorious Swede. But by this exti'aordinary and un- expected success of his ally, Charles failed of the pur- pose for which he framed the alliance. Gustavus elated by prosperity, began to form more extensive ]ilans of ambition ; and in freeing Germany from the yoke of Ferdinand, be intended to reduce it to subjec- tion under his own. He refused to restore the pala- tine to his principality, except on conditions wliich would have kept him in total dependence. And thus the negociation was protracted, till the battle of Lut- zen, where the Swedish monarch perished in the midst of a complete victory, which he obtained over his ene- mies. • "We have carried on these transactions a few years beyond the present period, that we might not be obliged to return to them : nor be henceforth inter- inpted in our account of Charles's court and king- doms. STATE OF THE COURT AND MINISTRY. Wlien we consider Charles as presiding in his court, as associating with his family, it is difficult to imagine a character at once more respectable and more ami. able. A kind husband, an indulgent father, a gentle master, a steadfast friend ; to all these eulogies liis conduct in private life fully entitled bim. As a nio- March too, in the exterior qualities, he excelled ; in the essential, he was not defective. His address and man- ner, though ])erhaps inclining a little towards staieli- ness and formality, in the main corresponded to his high rank, and gave grace to that reserve and gravity which were natural to hiin. The moderation and equity wliich shone forth in his temper, seemed to se- cure him against rash and dangerous enterprises: the good sense whicli he displayed in his discourse and conversation, seemed to warrant bis success in every reasonable undertaking. Other endowments likewise ho had attained, which in a private gentleman would have been highly oinamental, and which in a great mo- narch might have proved extremely useful to bis people. He was possessed of an excellent taste in all the fine arts, and the lore of painting was in some degree hia favourite passion. Learned beyond what is common in princes, he was a good judge of writing in others, and enjoyed, himself, no mean talent in composition. In any other age or nation, this monarch liad been secure of a prosperous and a happy reign. But the high idea of bis own antliority which he bad imbibed, made himiucapablc of giving way to the spirit of liberty, which began to pre\ ail among his subject.?. His poli- tics were not supported by such vigoui- and foresiglit as might enable him tc subdue their pretensions, .and maintain bis prerogative ::t the high pitch to which it had been raisedby his predecessors. And,above all, the spirit of enthusiasm, being universally diifused, dis- appointed all the views of human prudence, and dis- turbed the operation of every motive which UBually influences society. But the misfortunes arising from these causes were yet remote. Charles now enjoyed himself in the full exercise of his authority, in a social intercourse with his friends and courtiers, and in a moderate use of those pleasures which he most alfected. CHARACTER OF THE QUEEN. After the death of Buckingham, who had somewhat alienated Charles from the queen, she is to be considered as his chief friend and favourite. That rustic contempt of the fair sex, which James afl'ected, and which, banisliing them from his court, made it resemble more a fair or .an exchange, than the seat of a great prince, was very wide of the disposition of this monarch. But though full of complaisance to the whole sex, Charles reserved all his jjassion for his consort, to whom he attached himself with unshaken fidelity and confidence. By her sense and spirit, as well as by her beauty, she justified the fondness of her husband ; though it is allowed, that, being somewhat of a passionate temper, slie precipitated bim into hasty and imprudent mea- sures. Her religion, likewise, to which she was much addicted, must be regarded as a great misfortune, since it augmented the jealousy which prevailed ag.ainst the court, and engaged her to procure for the catholics some indulgences which were generally dis- tasteful to the nation. Ill the former situation of the English government, when the sovereign was in a great measure independ- ent of bis subjects, the king chose his ministers either from jiersonal favour, or from an opinion of their abili- ties, without any regard to their parliamentary interest or talents. It has since been the maxim of princes, wherever popular leaders encroach too much on royal authority, to confer offices on them, in expectation that they will afterwards become more careful not to diminish that power which has become their own. These politics were now embraced by Charles ; a sure proof that a secret revolution liad happened in the con- stitution, and had necessitated the prince to adopt new CuAP. LII.J CHARLES I. 1625—1649, 617 Diaxims of govornmeut. But the views of tlie king were at tins time so repugnart to those of the puritans, that the leaders, whom he gained, lost from tliat mo- ment all interest with their party, and were even pur- sued as traitors with iniplaeable hatred and resent- ment. This was the case with sir Thomas Wentwortli, whom the king created first a baron, then a viscount, and afterwards earl of Strafford ; made him president of the council of York, and deputy of Ireland ; and re- ;;arded him as his eliief minister and coniiselloi-. By his eminent talents and abilities, Straflord merited all the confidence which his master re|)0sed in him : his character was stately and austere ; more fitted to pro- cure esteem than luve : his fidelity to the king was uushaktn ; but as he now employed all his counsels to support tlie prerogative, which he had foimerly bent all his endeavours to diminish, his virtue seems not to have been entirely pure, but to have been susceptible of strong impressions from private interest and ambi- tion. Sir Dudley Diggcs was about the same time created master of the rolls: Noy, attorney-general: Littleton, solicitor-general. All these had likewise been parliamentary leaders : and were men eminent iu their profession. In all ecclesiastical affairs, and even in many civil, Laud, bishop of Loudon, liad great influence over the king. This man was virtuous, if severity of manners alone, and abstinence from pleasure, could deserve that name. Ue was learned, if jiolemical knowledge could entitle him to that praise. He was disinterested ; but with unceasing industry he studied to exalt the priestly and prelatical ciiaracter, which was his own. His zeal was unrelenting in the cause of religion ; tliat is, in imposing, by rigorous measures, his own tenets and pious ceremonies oil the obstinate [>uritans, who had profanely dared to oppose him. In prosecution of his holy pur- poses, he overlooked every human consideration ; or, in other words, the heat and indiscretion of his temper made him neglect the views of prudence and rules of good manners, lie was iu this respect happy, that all his enemies were also imagined by him the declared enemies to loyalty and true piety, and that every exer- cise of his anger, by that means, became iu his eyes, a merit and a virtue. This was the man who actpiired so great an ascendant over Charles, and who led him, by the facility of his temper, into a conduct which proved so fatal to himself and to his kingdoms. INNOVATIONS IN THE CHURCH. The humour of the nation ran at that time into tlie extreme opposite to superstition ; and it was with diffi- culty tliat the ancient ceremonies to which men had been accustomed, aud which had been sanctified by tlie ]ir.vctice of the first reformers, could be retained in divine service: yet w-as this the time which Laud chose for the introduction of new ceremonies and observances. Besides that these were sure to dis- please as innovations, there lay, in the opinion of the public, another very forcible objection ag;iinst them. Laud, and the othi'r prelates w ho embraced his mea- sures, were generally well instructed in sacred anti- quity, and had .adopted many of those religious senti- ments ivhich prevailed during the fourth and fifth cen- turies ; when the Christian church, as is well known, was already sunk into those superstitions which were afterwards continued and augmented by the policy of Koine. The revival, therefore of the ideas and prac- tices of that age, could not fail of giving the English faith and liturgy some resemblance to the catholic superstition, whicli the kingdom in general, and the puritans iu particular, held in the greatest horror and detestation. Jfen also were apt to think, that, with- out some secret purpose, such insiguilicant observances would not be imposed with such unrelenting zeal on the refractory nation ; and that Laud's scheme was to lead b.ick the English by gradual steps to the religion of their ancestors. They considered not, that the very Vol. I insignificancy of these ceremonies recommended them to the superstitious prelate, and made lliem apjiear the more peculiarly sacred and religious, as they could serve to no other purpose. Nor was the resemblance to the Komish litual any objeetion, but rather a merit, with l.aud and his brethren; who bore a mueh greater kindness to the mothercluirch, as they called her, tlian to the sectaries and presbyteriaus, and frequently recommended her as a true Christian church ; au aiipellation which they refused, or at least scrupled to give to the others. So openly were these tenets espoused, that not only the discontented puritans be- lieved the church of England to be relapsing fast into liomish superstition : the court of Kome itself enter- tained hopes of regaining its authority in tliis island; and, in order to forward Laud's supposed good inten- tions, an oiler was twice made him, in piivatc, of a. cardinal's bat, which he declined accepting. His answer was, as he says himself, "That something dwelt within him, which would not sufi'cr his compli- ance, till Koine were other tliau it is." A court lady, daughter of the earl of Devonshire, having turned catliolic, was asked by Laud the rea- son of her conversion. " 'Tis cliiefly," said she, "be- cause I hate to travel in a crowd." The meaning of this expression being demanded, she replied, " I per- ceive your grace and many others are making haste to Home; and therefore, iu order to prevent my being ciowded, I have gone before you." It must be con- fessed, that though Laud deserved not the appellation of papist, the genius of his religion was, though in a less degree, the same with that of the lioniish : the same profound respect was exacted to the sacerdotal <'liaracter, the same submission required to the creeds and decrees of synods and councils, tlie .>-ame pomp and ceremony was aft'ected in worsliip, and the same super- stitious regard to days, postures, meats, and vestments. No wonder, therefore, that this prelate was, every- where, among the puritans, regarded with horror, aa the forerunner of antichrist. As a specimen of tlie new ceremonies to w hich Laud saciificed bis own quiet and that of the nation, it may not be amiss to relate those which l.e was accused of em- ploying in the consecration of St. Catherine's church, and wliich were the object of such general scaudal and ofi'encc. On the bishop's approach to the west door of tlie church, a loud voice cried, " Ojieii, open, ye everlast- ing doors, that the king of gloiy n;a_\ enter iu !" Im- mediately the doors of the church Hew cpcu, and the bishop entered. Falling upon his knees, with eyeo elevated and arms expanded, he uttered these wordsi " This jdace is holy, the ground is holy: in the name of the Father, Son, and lloly Ghost, I pronounce it holy." Going towards the chancel, ho several times took up from the floor some of the dust, and threw it in tho air. When he ap]>roached, with his atti-ndants, near to the communion-table, he bowed fiequciitly towards it : and on their return, they w ent round the church, repeating, as they marched along, some of the psalms: and then said a form of prayer, which concluded with these words: "AVe consecrate this church, and sepa- rate it unto thee as holy ground, not to be profaned any more to common uses." After this, the bishop, standing near the communion- table, solemnly pronounced many imprecations upon such as should afterwards pollute that holy place by musters of soldiers, or keeping in it profane law-courts, or carrying burdens through it. On the conclusion of every curse, be bowed towards the east, aud cried, " Let all the jieople say. Amen." The imprecations being all so piously finished, there were jioiired out a number of blessings upon such as had any hand in framing and building that sacied and beautiful edifice, and on such as had given, or should hereafter give to it, any chalices, plate, ornauunts, or utensils. At every benediction, he in like mannci 4 K 6IH THE HISTORY OF ENGLAND. [Chap LIL bowed towards the oast, aud cried, " Let all the people Bay, Allien." Tlio sermon followed; nfler wliitli, tlio lil.sliop con- eecraled and adniiuistercd the Siicraiiicnt in tliclollow- ing manner : As he approached the conimunion-table, no made many lowly reverences : and coming op to tli.it jart of the table where the bread and wine lay, he bowed seven times. After the reading of many prayers, he approached tlie sacrament.al elements, and gently lifted up the corner of the najikin in wliich the bread was placed. When he beheld the bread, he suddenly let fall the napkin, flew back a step or two, bowed tlirce several times towards the bread ; then ho drew nigh again, opened the napkin, and bowed as before. Next, he laid his hand on thccnp, which had a cover upon it, and was tilled with wine. He let go the enp, fell back, and bowed thrice towards it. He approached again ; and lifting up the cover, peeped into the cup. Seeing the wine, lie let fall the cover, started back, and bowed as before. Tlien he received the sacrament, and gave it to others. And many prayers being said, the solemnity of the consecration ended. The walls and floor and roof of the fabric were then supposed to be sufficiently holy. Orders were given and rigorously insisted on, that the communion-table should bo removed from the middle of the area, where it hitherto stood in all churches, except in cathedrals. It w'as placed at the east end, railed in, and denominated an Altar; as the clergyman who officiated received commonly the Appellation of Priest. It is not easy to imagine the discontents excited by this innovation, and the suspi- cions which it gave rise to. The kneeling at the altar, and the using of copes, a species of embroidered vestment, in administering the sacrament, were also known to be great objects of scandal, as being popish practices : but the opposition rather increased than abated the zeal of the prelate for the introduction of these habits and ceremonies. All kinds of ornaments, especially pictures, were ne- cessary for supportiug that mechanical devotion, which was purposed to bo raised in this model of religion ; but as these had been so much employed by the church of Rome, and had given rise to so much superstition, or what the puritans called idolatry, it w.as impossible to introduce them into English churches, without exciting general murmurs and complaints. But Laud, possessed of present authority, persisted in his purpose, and made several attempts towards acquiring these orr.a- ments. Some of the pictures introduced by him were also found, upon inquiry, to be the very same that might be met with in tlie niiiss-book. The crucifix, too, that eternal consolation of all pious catholics, and terror to all sound protestants, was not forgotten on this occasion. It was much remarked, that Sherfield, the recorder of Salisbury, was tried in the star-chamber, for having broken, contrary to the bishop of Salisbury's express injunctions, a painted window of Si. Edmond's church, in that city. He boasted, that he had destroyed these monuments of idolatry: but for this effort of his zeal, he was fined five hundred pounds, removed from his office, condemned to make a public acknowledgment. And be bound to his good behaviour. Not only such of the clergy as neglected to observe every ceremony were suspended and deprived by the higli-commission court : oaths weie, by many of the bishops, imposed on the chuicliwardens ; and they were sworn to inform against any one who acted con- trary to the ecclesiastical canons. Such a measure, though practised during the reign of Elizabeth, gave much offence ; as resembling too nearly the practice of the Koinish inquisition. To show the great alienation from the churches i-e- formed after the prcsbyterian model. Laud advised, that the discipline and worship of the cKiu-eh should be imposed on the English regimA'nts and tradin^r com- ])anies abroad. All foreigners of the Dutch and Wal- loon congregations were commanded to attend the established church ; and indulgence was granted to none after tlie children of the first denizens. Scuda- more too, the king's ambassador at Paris, had orders to withdraw liimself from the communion of the hugo- luits. Even men of sense were apt to blame this con- duct, not only because it gave offence in England, but because in foieign countries it lost the crown the ad- vantage of being considered as the head and support of the Reforniation. On pretence of pacifying disputes, orders were issued from the council, forbidding, on both sides, all preach- ing .and printing with regard to the controverted points of predestination and free-will. Put it was comphiincd of, and probably with reason, that tlio impartiality was altogether confined to the orders, and that the exe- cution of them was only meant against the Calvmists. In return for Charles's indulgence towards the church, Laud and his followers took care to magnify, on eveiy occasion, the regal authority, and to treat with the utmost disdain or detestation, all puritanical pretensions to a free aud independent constitution. Put while these prelates were so liberal in raising the crown at the expense of public liberty, they made no scruide of encroaching themselves on the royal rights tiie most incontestable in order to exalt the hierarchy, and procure to tlieir own order dominion and indepen- dence. All the doctrines which the Romish church liad borrowed from some of the fathers, and vhich freed the spiritual from subordination to the civil power, were now adopted by the church of England, and interwoven with her political and religious tenets. A divine and apostolical charter was insisted on, pre- ferably to a legal and parliamentary one. The sacei- dotal character was magnified as sacred and indefeis- ible; all right to spiritual authority, or even to private judgment in spiritual subjects, was refused to profane laymen : ecclesiastical courts were held by the bishops in their own name, without any notice taken of the king's authority: and Charles, though extremely jea- lous of every claim in popular assemblies, seemed ra- ther to encourage than I'cpress those encroachments of his clergy. Having felt many sensible inconveni- ences from the independent sjiirit of parliaments, he attached himself entirely to those who professed a devoted obedience to liis crown and person ; nor did he foresee that the ecclesiastical power which he ex- alted, not admitting of any precise boundary, might in time become more dangerous to public peace, and no less fatal to royal prerogati\'e, than the other. So early as the coronation, Laud was the person, ac- cording to general opinion, that introduced a noveltv, which, though overlooked by Charles, made a deep im- pression on many of the bystanders. After the usual ceremonies these words were recited to the king : "Stand and hold fast, from henceforth, the place to which you have been heir by the succession of your forefathers, being now delivered to j'ou by the authority of Almighty God, and by the hands of us and all the bishops and serv.ints of God. And, as you see the clergy to come nearer the altar than others, so remem- ber that, in .all places convenient, you give them greater honour ; that the Mediator of God and man may estab- lish you on the kingly throne, to be a mediator lietwi.xt the clergy and the laity ; and that you may reign for ever with Jesus Christ, the King of kings, and Lord of lords." The principles which exalted prerogative, were not entertained by the king merely as soft and .agreeable to his royal ears : they were also put in practice during the time that he ruled wiihcut parliaments. Thougli frug.al and regular in his expense, he wanted money for the support of government ; and he levied it either by the revival of obsolete liiws, or by violations, some more open, some more disguised, of the privileges of the nation. Though humane and gentit '11 his temper, he gave way to a few severities iu the starchambor Chap. Lll.] CHARLES I. 1625-1649 619 and liigh-comiiiission, which seeinod necessary, in order to support the present mode of administration, and re- press the rising spirit of liberty thron^'hout tlic king- dom. Under these two heads may he reduced all the remarkahle transactions of tliis reign, during some years : for, in peaceable and prosperous times, wliere a neutrality in foreign aft'airs is observed, scarcely anything is remarkable, hut what is, in some degree blamed or blameable. And, lest the hope of relief or protection from parliament miglit encourage opposition, Charles issued a proclamation, in which he declared, "That whereas, for several ill ends, the calling again of a parliament is divulged ; though his majesty has shown, by frequent meetings with the people, his love to the use of parliaments : yet the late abuse having, for the present, driven him unwillingly out of that course ; he will account it presumption for any one to prescribe to him any time for the calling of that as- sembly." This was generally construed as a declara- tion, that, during this reign, no more parliaments were inteniled to be summoned. And every measure of the king's confirmed a suspicion so dis.agreeable to the generality of the people. IRREGULAR LEVIES OF MONEY. Tonnage and poundage continued to be levied by the royal authoi'ity alone. The former additional imposi- tions were still exacted. Even new impositions were laid on several kinds of merchandise. The custom-house officers received orders from the council to enter into any house, warehouse, or cellar; to search any trunk or chest ; and to break any bulk whatever; in defaidt of the payment of customs. In order to exercise the militia, and to keep tliem in good order, each county, by an edict of the council, was assessed in a certain sum, for maintaining a mustei-- m.aster, appointed for that service. Compositions were openly made with recusants, and the popish religion became a regular part of the reve- nue. This was all the persecution which it underwent during the reign of Ch.arles. A commission was granted for compounding with such as were possessed of crown-lands upon defective titles ; and on this pretence, some money was exacted from the people. There was a law of Edward II., That whoever was possessed of twenty potnids a year in land, should be obliged, when summoned, to appeal' and to receive the order of knighthood. Twenty pounds, at that time, partly by the ch.ange of denomination, partly by that in the value of money, were equivalent to two hundred in the seventeenth century; and it seemed just, that the king should not strictly insist on the letter of tlie law, and oblige people of so small revenue to accept o-f that expensive honour. Edward VI,, and queen I'^liza- beth, who had both of them made use of this expedient for raising money, had summoned only those who were possessed of forty pounds a year and upwards to re- ceive knighthood, or compound for their neglect ; and Cliarles imitated their example, in granting the s.amo indulgence. Commissioners were appointed for fi.xing tlie rates of composition ; and instructions were given to these commissioners, not to accept of a less sum than would have been due by the party, upon a tax of three subsidies and a half. Nothing proves more plainly, how ill-disposed the people were to the mea- sures of the crown, than to observe, that they loudly complained of an expedient, founded on positive statute, and warranted by such recent precedents. The law w.Ts pretended to be obsolete ; though only one reign had intervened since the last execution of it. SEVERITIES OF THE STAR-CnAMBER AND HIGH-COM. MISSION. Barnard, lecturer of St. Septilchre's, London, used this expression in his prayer before sermon, " Lord, open the eyes of the queen's majesty, that she may nee Jesus Christ, whom slie has pierced witli her infidelity, superstition, and idolatry." He was questioned in tlio high-commission court for this insult on the queen ; but, upon his submission, dismissed. Leigliton, who had written libels against the king, the queen, the bishops, and the whole adjninistration, was condemned by a very severe, if not a cruel, sentence ; but the exe- cution of it was suspended for some time, in expecta- tion of his submission. All the severities, indeed, of this reign were exercised against those who triunii>hed in their sufferings, who courted persecution, and braved authority : and, on that account, their punishment may be deemed tlie more just, but the less prudent. To have neglected them entirely, had it been consistent with order and public safety, had been the wisest mea- sure that could have been embraced ; as perhaps it had been the most sjevere punishment that could have been inflicted on tliese zealots. lOSl. In order to gratify the clergy with a magnifi- cent fabric, subscriptions were set on foot, for repairing and rebuilding St. Paul's; and the king, by his counte- nance and example, encouraged this laudable under- taking. By order of the privy-coimcil, St. Gregory's church was removed, as an impediment to the project of extending and beantiiyiug the cathedral Some houses and shops likewise were pulled down ; and com- pensation was made to the owners. As there was no immediate prospect of assembling a parliament, such acts of power in the king became necessaiy ; and in no former age would the people have entertained any scruple with regard to them. It must be remarked, •hat the puritans were extremely averse to the raising of this ornament to the capital. It savoured, as they pretended, of popish superstition. A stamp duty was imposed on cards : a new tax, which, of itself, was liable to no objection; but ap- peared of dangerous consequence, when considered as arbitrary and illegal. Monopolies were revived ; an oppressive method of levying money, being unlimited, as well as destructive of industry. The last parliament of James, wliich abolished monopolies, had left an equitable exception in favour of new inventions ; and on pretence of these, and of erecting new companies and corporations, was this grievance now renewed. The manufacture of soap was given to a company who paid a sum for their patent. Leather, salt, and many other commodities, even down to linen rags, were put under restrictions. It is affirmed by Clai'endon, that so little benefit was reaped from these projects, that of two hundred thou- sand pounds thereby levied on the people, scarcely fifteen hundred came into the king's coffers. Though we ought not to suspect the noble historian of exagge- rations to the disadvantage of Charles's measures ; this fact, it must be owned, appears somewhat inci edible. The same author adds, that the king's intention was to teach his subjects how unthrifty a thing it was to re- fuse reasonable supplies to the crown. An imprudent project ! to oftend a wliole nation, under the view of punishment; and to hope, by acts of violence, to break their refractory spirits, without being possessed of any force to prevent resistance. 1632. The council of York had been first erected, after a rebellion, by a patent from Henry VIII., with- out >iny authority of parliament; and tins exercise of power, like many others, was indulged to that arbitrary monarch. This couucil had long acted chiefly as a cri- minal court ; but, besides some innovations introduced by James, Charles thought proper, some time after Wentworth was made president, to extend its powei-s- aud to give it a largecivil jurisdiction, and that in soieu respects discretionary. It is not improbable that the king's intention was only to prevent inconveniences, which arose from the bringing of every cause, from tlie most distant parts of the kingdom, into Wcstminster- nall : but tlie consequence, in the meantime, of this measure, was the putting of all the northern counties 620 TIIK HISTORY Or ENGLAND. [Ch,\p. Lir o«t of the protection of orainaiy hnv, ami sui.jpctiiig tliem to tin aiulioritv somewhat arbitrary. Some irre gular acts of that council wore, tliis yoai-, complained of. 1033. The court of star-cliamber extended it.s antlio- rity ;' and it was matter of comi)Iaint, that it encroached upon the jurisdiction of tlie other courts ; imposing heavy fines and inflicting severe inmisliment, beyond the usual course of justice. Sir David Foulis was fined five thousand pounds, chiefly because he had dissuaded a friend from compounding with the commissioners of knighthood. I'rynne, a barrister of Ijincoln's lun, had written an pnormous quarto of a thousand pages, which he called I^lstr>o-^fast!/x. Its professed purpose was to decry stan-e-plays, comedies, interludes, music, dancing; but the author lihewise took occasion to decl.aim against hunting, public festivals, Christmas-keeping, bonfires, and Mavpnles. His zeal against all these levities, he s.ays, was first moved by observing, that plays sold better than the choicest sermons, and that they were frequently printed on finer paper tliau the Bible itself Besides, tliat the players were often papists, and despe- rately wiclced, the playhouses, he atfirms, are Satan's chapels; ttie play-hunters little better than incarnate devils ; and so many steps in a dance, so many paces to hell. The chief crime of Nero he represents to have been, his frequenting and acting of plays; and those who nobly conspired his death were principally moved to it, as he aiKrms, by their indlguation at that enormity. The rest of his thousand pages is of p. like strain. He had obtained a licence from arclibishop Abbot's chaplain ; yet was ho indicted in the star- chamber as a libeller. It was thouglit somewhat hard, that general invectives against plays shoidd be inter- preted into satires against the king and queen, merely because they frequented thesearausements, and because the queen sometimes acted a part in pastorals and in- terludes, which were represented at court. The author, it must be owned, had, in plainer terms, blamed tlie hierarchy, the coi-emonies, the innovations in religious worship, and the new superstitions, introduced by Laud;* and this, probably, together with the obstinacy and petidauee of his behaviour before the star-chamber, was the reason why liis sentence was so severe. He was condemned to be jnit from the bar ; to stand on the pillory in two places, Westminster and Cheapside ; to lose both his ears, one in eacli place ; to p;iy five tliousand pounds fine to the king ; and to be imprisoned during life. This same Prynne was a great hero among the pu- ritans; and it was chiefly with a view of mortifying that sect, that, though of an honourable profession, he was condemned by the star-chamber to so ignominious a punishment. The thorough-paced puritans were dis- tiuguisluible by the sourness and austerity of their manners, and by their aversion to all pleasure and society. To inspire tliem with better humour was certainly, both for their own sake and that of the pub- lic, a laudable intention in the court ; but whether pil- lories, fines, and prisons, were proper expedients for that purpose, may admit of some question. Another expedient which tlie king tried in order to infuse cheerfulness into the national devotion, was not much more successful. Ho renewed his father's edict for allowing sjiorts and recreations on Sunday to such as attended public worship; and he ordered his procla- mation for that purpose to be publicly read by the clergy after divine service. Those who were puritani- cally affected refused obedience, and were punished by suspension or deprivation. The differences between the sects were before sufficiently great ; nor was it necessary to widen them further by tliese inventions. Some encouragement and protection, w hich the king • The music in the cliurcne^, lie affiime.l not to he tlic noise of men, liut a Weaiintiof brute bedsts : chomters bellow the tenor, as it were oxen ; bark a couna-rpart, as it were a lreadiiig the fire of puritan- ism. Laud took care, by a decree, which was jiassed in the court of exchequer, and which was much com- plained of, to abolish this society, and to stop their pro- gress. It was, however, still observed, that throughout England the lecturers were all of them puritanically affected ; and from them the clergymen, who ccn- tentcrt themselves with reading prayers and homilies to the peojde, commoidy received the reproachful ap- pellation of fliirnb doffs. The puritans, restrained in England, shipped them- selves off for America, and laid there the tbundations of a governm'uit which possessed all the liberty, both civil and religious, of which they found themselves bereaved in their native country. But their enemies, unwilling that they should anywhere enjoy ease and contentment, and dreading, pei'ha])s, the dangei-ons consequences of so disaffected a colony, prevailed on the king to issue a proclamation, debarring these devotees access even into those inhospitable des"rts. Eight slilps, lying in the Thames, and ready to sail, wei'e detained by order of the council ; and in these were embarked sir Arthur H.azelrig, .lolm Ilambden, .John Pym, and OUver Cromwell,' who had resolved for ever to abandon their native country, and fly to the other extremity of the globe ; where they niiglit enjoy lectures and discourses of any length or form which pleased them. The king had aftiTwards full leisure to repent this exercise of his authoritj'. The bishop of Norwicli, by rigoi-ously insisting on uniformity, liad banished many industrious tradesmen from that city, and chased them into Holland. Th(> Dutch began to be more intent on commerce tlian on orthodoxy ; .and thought that tlie knowledge of useful arts and obedience to the laws formed a good citizen ; though attended with errors in subjects where it is not allowable for human nature to expect any positive truth or certainty. Complaints about this time were made, that the Pe- tition of night was, in some instances, violated, and that, upon a commitment by the king and council, bail or releaseaient had been refused to Jennings, Pargiter, and Danvers. Williams, bishop of Lincoln, a man of sjiirit .and learning, a popular prelate, and who had bet'U lord- keeper, was fined ten tlionsand pounds by the star- chamber, committed to the Tower during the king's pleasure, and suspended from Ids ofiice. This severe sentence was founded on frivolous pretences, and was more ascribed to Laud's vengeance, than to any guilt of the bishop. Laud, however, liad owed his first promo- tion to the good offices of that prelate with king James. But so implacable was the haughty juimate, that he raised up a new prosecution against Williams, on the strangest jiretence imaginable. In order to levy the fine .above-mentioned, some officers had been sent to seize all the furniture and books of his episco- pal palace of Lincoln ; and in rummaging the house, they found in a corner some neglected letters, which had been thrown by as useless. These letters were written by one Osbaldistone, a schoolmaster, and were directed to Williams. Mention was there made of a Utile great man; and in another passage, the same per- son was denominated a little mchin. By inferences and constructions, these epithets were .applied to Laud ; and on no better fonndltion was Williams tried anew, as having received scandalous letters, and not dificovering that private correspondence. For this offence another fine of eight thousand ]iounds was levied on him : Osbaldistone was likewise brought to trial, and condemned to pay a fine of five thousand pounds, and to h.ave his ears nailed to the pillory belbre his own school. lie saved himself by flight ; and left a note in his study wherein he said, " That he was gone beyond Canterbury." These jn-osecutions of Williams seem to liavo been the most iniquitous measure pursued by the court during the time that the use of parliaments was suspended. Williams had been indebted for all his fortune to the • Mf-thCT'» Hist, of New Kneliind, tool; i. nuirfalc. Itstta. Hutonin- snn's Hist, nf M;issachusets nay vn\ i. p. 42. This last quoted author puts the f;ic't licyond controversy. Anil it is a curious fact, as well with icjinra to tne charicters of the men, as of tjie times. Can any one doubt, that the ensuing quarrel was almost entirely thenliffical ; not politieal ? What miglu he «:- Iiected of the populace, when such was tlie characw of the most enlightened leaders ' Chap. LI I. J CHARLES L 1625—1649. es'J fevour of Jamos; but having quarrelled, first witii Buckiiifjliam, tlieu -nitli Laud, he threw hhnself into the country party; and with great firmness and vigour opposed all tlie measures of the king. A creature of tlie court to become its obstinate er.emy, a bisliop to countenance puritans; these circumstances excited in- dignation, and engaged the niiuisters in those severe measures. Not to mention, what some writers relate, tliat, before the sentence was pronounced against him, Williams was offered a paidou upon his submission, which he refused to make. Tlie court was apt to think, that so refractory a spirit must by any expedient be broken and subdued. In the former trial which Williams underwent, (for those were not the first,) tliere was mentioned, in court, a ston-, which, as it discovers the genius of parties, may bo wortli relating. Sir John Lambo urg- ing him to prosecute the puritans, the pielate asked, what sort of people these same puritans were? Sir John replied, " That to the world they seemed to be such as would not swear, whore, or be drunk ; but they would lie, cozen, and deceive: that they would fre- quently hear two sermons a day, and repeat them too, and that sometimes they would fast all day long." Tliis cliaracter must be conceived to bo satirical ; yet it may be allowed, that that sect was more averse to 6uch iiTeguIaritics as proceed from the excess of gaiety and pleasure, than to those enormities which are the most destructive of society. The former were opposite to the very genius and spirit of theirreligion; the latt.r were only a transgression of its precepts : and it was not difficult for a gloomy enthusiast to convince him- self, that a strict obsen'ance of the one would atone for any violation of the other. In 1C32, the treasurer, Portland, had irisisted with the vintners, that they should submit to a tax of a penny a quart upon all the wine which they retailed. But they rejected the demand. In order to punish them, a decree, suddenly, without much inquiry or ex- amination, passed in the star-chamber, prohibiting them to sell or dress victuals in their houses. Two years after, they were questioned for the breach of this decree; and in order to avoid punishment, they agreed to lend the king six thousand pounds. Being threatened during the subsequent years with fines and prosecu- tions, they at last compounded the matter, and sub- mitted to pay half of tl'.at duty which was at first de- manded of them. !t required little foresight to per- ceive that the king's right of issuing proclamations must, if prosecuted, draw on a power of taxation. Lilbi;rne w;is accused before tlie star-chamber of publishing and dispersing seditious pamphlets. He was ordered to be examined ; but refused to take the oath usual in that court, that he would answer interro- gatories, even though they might lead him to accuse liiniself. For this contempt, as it was interpreted, he was condemned to be whipped, pilloried, and impri- soned. While he was whipped at the cart, and stood on the pillory, he harangued the populace, and declaimed violently against the tyranny of bishops. From his pockets also he scattered pamphlets, said to be sedi- tious, because they attacked the hierarchy. The star- chamber, which was sitting at that very time, ordered him imriediately to be gagged. He ceased not, how- ever, though both g.agged and pilloried, to stamp with his foot, and gesticulate, in order to show the people, that, if ho had it in his power, he would still liarangue them. This behaviour gave fresh provocation to the Btar-chamber ; and they condemned him to be impri- soned in a dungeon, and to be loaded with irons. It was found difficult to break tiie spirits of men who placed both their honour and their conscience in suffering. The jealousy of the church appeared in anotlier in- stance less tragical. Archy, the king's fool, who, by his office, had the privilege of jesting on his master, and the whole court, happened unluckily to try his wit upon laud, who was too facied a person to be played with. News having an-ived from Scotland of the first commotions excited by the liturgy, Archy, seeing the primate pass by, called to liiin, " Who's fool, now, my lord ! " For this offence, Aichy was ordered, by sentence of the council, to have liis coat pulled over his head, and to be dismissed tlie king's service. Here is another instance of that rigorous subjection in which all men were lield by Laud. Some young gentlemen of Lincoln's Inn, heated by their cups, hav- ing drunk confusion to the archbishop, were at his in- stigation cited before the star-chamber. They applied to the earl of Dorset for protection. " Who bears wit- ness against you? " said Dorset. "One of the drawers," they said. " Where did ho stand, when \ on were sup- posed to drink his health ? " subjoined the earl. " lie was at the door," they replied, " going out of the room." " Tush," cried he, " the drawer was mistaken : you drank confusion to the archbishop of Canterbury's enemies : and the fellow was gone before you pro- nounced the last word." This hint supplied the young gentlemen with a new method of defence : and being advised by Diirset to behave with great humility and great submission to the primate ; the modesty of their carriage, the ingenuity of theii- apology, with tlie pa- tronage of that noble lord, saved them from any severer punishment than a reproof and admonition, with which they were dismissed. TRIAL OF HAMBDEN. This year, John Hambden acquii-ed, by his spirit, and courage, universal popularity throughout the nation, and has merited great renown with posterity, for tL3 bold stand which he made in- defence of the laws and liberties of his country. After tlie imposing of ship- money, Charles, in order to discourage all ojjposition, had proposed this question to the judges: "Whether, in a case of necessity, for the defence of the kingdom, he might not impose tliis taxation ; and whether he were not sole judge of the necessity ? " These guardians of law and liberty repUed with great complaisance, " That in a case of necessity he might impose that taxation, and that he was sole judge of the necessity. " Hamb- den had been rated at twenty shillings, for an estate wliich he possessed in the county of Buckingham : yet, notwithstanding this declared opinion of the judges, notwithstanding the great power, and sometimes rigor- ous maxims of the crown, notwithstanding the small prospect of relief from parliament ; he resolved, rather than tamely submit to so illegal an imposition, to stand a !eg.-il prosecution, and expose himself to all the in- dignation of the court. The case was argued during twelve days, in the exchequer-chambei-, before all the judges of England; and the nation regarded, with the utmost anxiety, every circumst.anco of the celebrated trial. The event was easily foreseen : but the prin- ciples, and reasonings, and behaviour of the parties engaged in the trial, were much canvassed and in- quired into; and nothing could equal the favour paid to the one side,except the hatred wliieh attended the other. It was urged by llambdeii's counsel, and by his par- tisans in the nation, that the plea of necessity was in vain introduced into a trial of law ; since it was the na- ture of necessity to aboUsh all law, and, by irresistible violence, to dissolve all the weaker and more artificial ties of human society. Not only the prince, in cases of extreme distress, is exempted from the ordinary rules of administration : all orders of men are then levelled; and any indi\ndual may consult the public safety by any expedient which liis situation enables him to employ. But to pi-oduce so violent an effect, and so hazardous to every community, an ordinary danger or difficulty is not sufficient ; m leh less, a necessity which is merely fictitious and pretended. Where the peril is urgeut and extreme, it will be palpable to every member of the society ; and though all ancient rules of government are in that case abrogated, men will readily, of them- selves submit to that irregular authority, which is 624 THE HISTORY OF ENGLAND. fCnip. LIll exerted for their preservation. But what is tlierc in coiuinoii between sucli suppositions, and tlie present coudition of tiie nation? England enjoys a profound peace with all her ueiglibours : and, wliat is more, all lier neighbours are eng-aged iu fui ious and bloody wars amouu tliemselves,and by their mutual enmities I'urtlier ensure her tranquillity. The very writs themselves, which are issued for the levying of ship-money, con- tradict the supposition of necessity, and pretend only that the seas are infested with pirates ; a slight anil temporary inconvenience, which may well await a legal sujiply from parliament. The writs likewise allow several months for eijuipping the ships ; which proves a very calm and deliberate species of necessity, and one that admits of delay mucli beyond the forty days re- quisite for summoning that assembly. It is strange, too, that an extreme necessity which is always apjia- rent, and usually comes to a sudden crisis, should now have continued, without interrujition, for near four years, and should have remained, during so long a time, invisible to the wliole kingdom. And as to the preten- sion, that the king is sole judge of the necessity ; what is this but to subject all the privileges of the nation to his arbitrary will and pleasure ? 'J'o expect that the public will be convinced by such reasoning, must ag- gravate the general indignation ; by adding to violence against men's persons and their proi)erty, so cruel a moclixry of their understanding. In vain are precedents of ancient writs produced : these writs, when examined, are only found to require the seaports, sometimes at their own charge, sometimes at the charge of the counties, to send their ships for the defence of the nation. Kven the jn-erogative, which empowered the crow u to issue such writs, is abolished, and its e.xcrcisc almost entirely discontinued from tlie time of Kdward III.; and all the authority which re- mained, or was afterwards exercised, was to press shijis into the public service, to be paid for by the public. How wide are these precedents from a jiower of oblig- ing the people, at their own charge, to build new ships, to victual and pay them for the public : nay, to furnish money to the crown for that jjurpose ! What secm-ity either against the further extension of this claim, or against diverting to other puiposes the public money so levied I The plea of necessity would warrant any other taxation as well as that of ship-money : wherever any difficulty shall occur, the admiuistration, instead of endeavouring to elude or overcome it by gentle and prudeut measures, will instantly represent it as a rea- son for infringing all ancient laws and institutions : and if such maxims and such practices prevail, what lias become of national liberty ! What authority is left to till! Great Charter, to the statutes, and to that very Petition of Right, which, in the present reign, had been so solemnly enacted by the concurrence of the whole legislature! The defenceless condition of tlio kingdom while un- provided with a navy ; the inability of the king, from his established revenues, with the utmost care and frugality, to equip and n-.aintain one; the impossibility of obtaining, on reasonable terms, any voluntai-y sup- ply from parliament : all these are reasons of state, not topics of law. If these reasons appear to the king so urgent as to dispense with the legal rules of govern- ment ; let him enforce his edicts by his court of star- chamber, the j-roper instrument of irregular and abso- lute power ; not prostitute the character of his judges by a decree which is not, and cannot possibly be legal. By this means the boundaries at least will be kept more distinct between ordinary law and extraordinary exertions of prerogative ; and men will know that the national constitution is only suspended during a pre- Eent and diiEcult emergence, but has not undergone a total and fundamental alteration. Notwithstanding these reasons.theprejudicedjudo'es, four excepted,* gave sentence in favour of the crown. • S.« State Triiils : article Ship-money, witioli coiitAins the fif-ceclies of K.ur Jui^s' In tarniir uf HiiJiibdru. Hainbden, however, obtained by the trial the end for wliich he had so generously sacrificed liis safety and his quiet : the people were roused from their lethargy, and became sensible of the danger to which their liber- ties were exposed. These national questions were canvassed in every company ; and the more they were examined, the more evidently did it appear to many, that liberty was totally subverted, and an unusual and arbitrary authorityexercised over tlie kingdom. Slavish principles, they said, concur with illegal practices ; ec- clesiastical tyranny gives aid to the civil usurpatiun ; ini- quitous taxes are supported by arbitrary punishments; and all the privileges of the nation, transmitted through so many ages, secured Ijy so many laws, and purchased by the blood of oo many heroes and patriots, now lie prostrate at the feet of the monarch. What though public peace and national industry increased the com- merce and opulence of the kingdom ? This advantage was temporary, and duo alone, not to any encourage- ment given by the crown, but to the spirit of the Eng- lish, the remains of their ancient freedom. What though the personal character of the king, amidst all his misguided counsels, might merit indulgence, or even praise! He was but one man; and tlie privileges of the people, the inheritance of millions, were too valuable to be sacrificed to his ]irejudices and mistakes. Such, or more severe, were the sentiments promoted by a great party iu the nation : no excuse on the king's part, or alleviation, how reasonable soever, could be hearkened to or admitted : and to redress tliese griev- ances, a parliament was impatiently longed for; or any other incident, however calamitous, that might secure the people against those oppressions which they felt, or the greater ills which they apprehended from the combined encroachments of church and stato. CHAPTER LIII. IJiscontents in Scotland Introduction of the Canons and Lituifty A Tu. nuilt at Edinburgh The Covenant A Ocneral Assi-nitjlj Kp'sco racy atinlished War A I'acifieation itenev^al of the War . KuuiTh EngUsh I'ailiainent Uissohition Lijconrents in Ennlj!id Itout at Meulurn Treaty at Riitou Great Cuuneil ut tlia l*eers. ''I^'IIE grievances under which the English laboured, -L when considered in themselves, without regard to the constitution, scarcely deserve tlie name ; nor were they either burdensome on the people's properties, or any way sliocking to the natural humanity of mankind. Even the imposition of ship-money, independent of the consequences, was a great and evident advantage to the public, by the judicious use which the king made of the money le\ ied by that expedient. And though it was justly apprehended that such precedents, if patiently submitted to, would end iu a total disuse of parlia- ments, and iu the establishincnt of arbitrary authority; Charles dreaded no opposition from the people, who are not commonly much affected with consequences, and require some striking motive to engage them in a resistance of established government. All ecclesias- tical affairs were settled by law and uninterrupted pre- cedent; and the church was become a considerable barrier to the power, both legal and illegal, of the crown. Peace, too, industry, commerce, opulence; nay, even justice and lenity of administration, not- withstanding some very few exceptions : all these were enjoyed by the people; and every other blessing of government, except liberty, or ratlier the present e.xereise of liberty and its proper security. It seemed probable, therefore, that afiairs might long have con- tinued on the same footing in Kngland, bad it not been for the neighbourhood of Scotland; a country more turbulent, and less disposed to submission and obo- dience. It was thence the commotions first aro.-*; Ch4P. LI II.] CHARLES L IC25— 1649. G25 and it is therefore time for us to roiurii thitlier, and to give aa account of the state of alViiirs in tliat king- dom. DISCONTENTS IN SCOTLAND. Tlioufjli tlie pacific, and not unskilful government of James, and thu great authority wliicli Iil' liad acquired, had mucli allayed the feuds among the great families, and had establislied law and order throughout the kingdom, the Scottish nobility were still possessed of the chief power and influence over tlie people. Their property was extensive; tlicir hereditary jurisdictions and the feudal tenures iucre:i.scd their aiitliority ; and the att.ai'liment of the gentry to the heads of families establislied a kind of voluntary servitude under the chieftains. Uesides that long absence had much loosened the king's connexions with the nol)ility, who resided chiefly at tlieir country-scats, tliey were in general at this time, thougli from sliglit causes; much disgusted with tlie court. Charles, from the natural piety or superstition of his temper, w.as extremely at- tached to the ecclesiastics: and as it is natural for men to persuade themselves that their interest coincides with their inclination, he had established it as a fixed maxim of policy, to increase the power and authority of that order. The prelates, he thought, established regularity and discipline among the clergy ; the clergy inculcated obedience and loyalty among the people : and .as that rank of men had no separate authority, and no dependence but on the crown, the roy.al power, it would seem, niiglit with tlie greater safety be in- trusted in tlieir hands. Many of the prelates, there- fore, were raised to tlie chief dignities of tlie state : Spotswood, archbishop of St. Andrews, was created chancellor : nine of tlie bishops were privy-counsellors: the bishop of Ross aspired to the oifice of treasurer: some of the prelates possessed pi. ices in the exchequer : and it w.is even endeavoured to revive the first insti- tution of the college of justice, and to share equally be- tween the clergy and laity tlie whole judicial .autliority. These advantages, possessed by tlie church, and which the bishops did not always enjoy with suitable modesty, disgusted the li.anghty nobility, who, deeming them- selves much superior in ranlc and quality to this new order of men, were displeased to find themselves in- ferior in power and influence. Interest joined itself to ambition, and begat a jealousy, lest the episcop.al sees, which, at the Reformation, had been pillaged by the nobles, should .again be enriched at the expense of that order. By ,a most useful and beneficial law, the im- propriations had already been ravished from the great men : competent salaries had been assigned to the im- poverished clergy from the tithes of e.acli parish : and what reni.ained, the proprietor of the land was em- powered to purchase at a low v.aluation. The king likewise, warranted by ancient law and practice, had declared for a general resumption of .all crown-lands, alienated by his predecessors; and though he took no step towards the execution of this project, the very pretension to such power had excited jealousy and dis- content. Notwithstanding the tender regard which Charles bore to the whole clinrch, he had been able, in Scot- land, to acquire only the affection of the superior rank among the clergy. The ministers in general equalled, if not exceeded, the nobility, in their prejudices against the court, .against the prelates, and against episcopal authority. Though the establishment of the hierarchy might seen advantageous to the inferior clergy, both as it erected dignities to which all of them might as- pire, and as it bestowed a lustre on the whole body, and allured men of family into it ; these views had no influence on tlie Scottish ecclesiastics. In the present disposition of men's miuds, there was another circum- stance wliicli drew consideration, and counterbalanced power and riches, the usual foundations of distinction among men ; and tliat was, the fervour of piety, and tlio Vol. I. rhetoric, however barbarous, of religious lectaies and discourses. Checked by the prehatea in the licence of preaching, the clergy regarded episcopal jurisdiction both as tyranny and an usurpation, and maintained a p.arity among ecclesiastics to be a divine privilege, which no human law could alter or infringe. While such ideas prevailed, the most moderate exercise of authority would have given disgust ; much more, that extensive power, which the king's indulgence encou- raged the prelates to assume. The jurisdiction of presbyteries, synods, and other democratical courts, was, in a manner, abolished by the bishops ; and the general assembly itself had not been summoned for several years. A new oath was arbitrarily imposed on intrants, by which they swore to observe the articles of Perth, and submit to the liturgy and canons. And, ill a word, the whole system of church government, during a course of tliirty ye.ars, had been changed by means of the innovations introduced by James and Cli.arlcs. The people, under the influence of the nobility and clergy, could not fail to partake of the discontents which prevailed among these two orders; .and where real grounds of complaint were wanting, they greedily laid hold of im.iginai'y ones. The same horror against popery, with which the Englisli puritans were pos- sessed, was o'oservable among the jiopulace in Scot- land ; and among these, as being more uncultivated and uncivili2ed, seemed ratlier to be inflamed into a higher degree of ferocity. The genius of religion, which prevailed in the court and among the prelates, was of an opposite nature; and having some affinity to the Romish worship,led them to mollity,as much as pos- sible, the severe prejudices, and to speak of the catho- lics in more charitable language, and with more recon- ciHug expressions. From this foundation, a panic fear of popery was easily raised ; and every new ceremony or ornament, introduced into divine service, was part of that great mystery of iniquity, which, from the en- coiir.agemoflt of the king .and the bishops, was to over- spread the nation. The few innovations which J.ames had made, were considered as preparatives to this grand design ; and the further alterations attempted by Charles were represented as a plain declaration of his intentions. Through tlie whole course of tliis reign, nothing had more fatal influence in both king- doms, than this groundless apprehension, which, with so much industry, was propagated, and with so mncli credulity, was embraced by all ranks of men. Amidst these dangerous complaints and terroi-s of religious innovation, the civil and ecclesiastical liber- tics of the nation were imagined, and with some reason, not to be altogether free from invasion. The establishment of the high-commission by James without any authority of law, seemed a considerable oucroacliment of the crown, and erected the most dangerous and arbitrary of all courts, by a method equally dangerous and arbitrary. All the steps to- wards the settlement of episcopacy had indeed been taken with consent of parliament : the .articles of Perth were confirmed in 1G21 : in 1G33, the king had obtained a general ratification of every ecclesiastical establislunent : but these laws had less autliority with the nation, as they were known to have passed con- trary to the sentiments even of those who voted for them, and were in reality extorted by the authority and importunity of the sovereign. The means, how- ever, which both James and Charles had employed, in ornge in re- ligious worsliip or discii)Iine. And tliough J.imes li.id obtained the vote of jissemblies for receiving episco- pacy and liis new rites, it must be confessed that such irregularities had prevailed in constituting these eccle- siastical courts, and such violence in conducting them, that there were some grounds for denying the autho- rity of all their .acts. Charles, sensible that an ex- torted consent, attended with such invidious circum- stances, would rather be prejudicial to his measures, had wholly laid aside the use of assemblies, and was resolved, in conjunction with the bishops, to govern the church by an authority, to which he thought him- self fully entitled, and which he believed inherent in the crown. The king's great aim was to complete the work so happily begun by his father ; to f^stablish discipline upon a regular system of canons, to introduce a li- tiiigy into public worship, and to render the eccle- siastical government of all his kingdon;s regular and uniform. Some views of policy might move him to tills undertaking; but his chief motives were derived from principles of zeal and conscience CANONS AND LITURGY INTRODUCED. The canons for establishing ecclesiastical jurisdic- tion were promulgated in 1G35; and were received by the nation, though witliout mucli appearing opposition, yet witli great inward apprehension and discontent. Jren felt displeasure at seeing tlio royal authority liiglily exalted by them, and represented as absolute and uncontrollable. They saw these speculative prin- ciples reduced to practice, and a whole body of eccle- s'astical laws established without any previous consent either of church or state ? They dreaded lest, by a parity of reason, like arbitrary authority, from like pretences and principles, would bo assumed in civil nuitters : they remarked, that the delicate boundaries which separate church and state were already passed, and many civil ordinances established by tlie canons, under colour of ecclesiastical institutions : and tliey were apt to deride the negligence with which these important edicts had been compiled, when they found that the new liturgy or service-book was everywhei-e, under severe penalties, enjoined by them, though it had not yet been composed or published. It was, how- ever, soon expected ; and in the reception of it, as the people are always most aft'ectcd by what is external and exposed to the senses, it was apprehended tliat the chief difficulty would consist. The liturgy wliich the king, from his own authority, imposed on Scotland, was copied from tliat of Eng- land : but lest a servile imitation might sliock tlie pride of his ancient kingdom, a few alterations, in order to save appearances, were made in it ; and in tliat shape it was transmitted to the bishops at Edin- burgh. But the Scots had universally entertained a notion, that though riches and worldly glory had been shared out to them with a sparing hand, they could boast of spiritual treasures more abundant and more genuine than were enjoyed by any nation under heaven. Even their southern neiglibours, they thought, tliough separated from Rome, still retained a great tincture of the primitive pollution, and their liturgy was represented as a species of mass, though with some less show and embroidery. Great prejudices, therefore, were entertained against it, even considered in itself; much more when regarded as a preparative, which was soon to introduce into Scotland all tlie abominations of popery. And as the very few altera- tions which distinguished the new liturgy from tlie English seemed t:o approach nearer to the doctrine of the real presence, this circumstance was deemed an undoubted confirmation of every suspicion with which the people were possessed. Easter-day was, by proclamation, appointed for the first reading of the service in Edinburgh ; but in order to judge more surely of men's dispositions, the council delayed the matter till the 23rd of July ; and they even gave notice, tlie Sunday before, of theii" inten- tion to commence the use of the new liturgy. As no considerable symptoms of discontent appeared, tliey tlioiight that they might safely proceed in their pur- pose ; and accordin<,'ly, in the cathedral church of St. Giles, the dean of Edinburgh, arrayed in his surjilice, began the service ; the bisliop himself and many of tlie privy-council being present. But no sooner had the dean opened the boolc, than a multitude of the mean- est sort, most of them women, clapping their hands, cursing, and crying out, A pope.' a pope! antichrist/ stone him! raised such a tumult, that it was impos- sible to proceed with the service. The bishop, mount- ing the pulpit, in order to appease the pojuilace, had a stool thrown at him : the council was insulted : and it was with difficulty that the magisti-ates were able, partly by authority, partly by force, to expel tlie rabble, and to shut the doors against them. The tumult, however, still continued without : stones were tliiown at the doors and windows : and when the ser- vice was ended, the bishop, going home, was attacked, ■ and narrowly escaped from the hands of the enraged multitude. lu the afternoon, the privy-seal, because he carried the bishop in his coach, was so pelted with stones, and hooted at with execrations, and pressed upon by the eager populace, that if his servants, with drawn swords, had not kept them off, the bishop's life had been exposed to the utmost danger. Though it was violently suspected, that the low po- pulace, who alone appeared, had been instigated by some of higher condition, yet no proof of it could be produced; and every one spake with disapprobation of the licentiousness of the giddy multitude. It was not thought safe, howevei', to hazard a new insult by any new attempt to read the liturgy; and the people seemed, for the time, to be appeased and satisfied. But it being known that the king still persevered in his intentions of imposing tliat mode of worship, men fortified themselves still further in their preju- dices against it ; and great multitudes resorted to Edinburgh, in order to oppose the introduction of so hated a novelty. It was net long before they broke out in the most violent disorder. The bishop of Gallo- way was attacked in the streets, (18tli October,) !:. Hamilton authority to summon first an assembly, then a parliament, where every national grievance' might be redressed and remedied. These successive con- cessions of the king, which yet came still short of the rising demands of the nuileontents, discovered his own weakness, encouraged their insolence, and gave no satisfaction. The offer, however, of an assembly and a parliament, in which they expected to be en- tirely masters, was willingly embraced by the cove- nanters. Charles, perceiving what .idvantage his enemies h.id reaped from their covenant, resolved to have a cove- nant on his side; and he ordered one to be drawn up for that purpose. It consisted of the same vio- lent renunciation of popery above-mentioned; which, though the king did not approve of it, he thought it s.afest to adopt, in order to remove all the suspicions entertained .against him. As the covenanters, in their bond of mutual defence ag.iinst all opposition, had been careful not to except the king ; Charles had formed a bond, which was annexed to this renunciation, and which expressed the duty and loyalty of the sub- scribers to his majesty. But the covenanters, per- ceiving that this new covenant was only meant to weaken and divide them, received it with the utmost scorn and detestation. And without delay thev jiro- ceeded to model the future assembly, from which such great achievements were expected. A GENERAL ASSEMBLY. The genius of that religion wliich prevailed in Scot- land, and which every day was secretly gaining ground in England, was far from inculcating deference and submission to the ecclesiastics, merely as such : or rather, by nourishing in every individual the highest raptures and ecstasies of devotion, it consecrated, in a manner, every individual, and, in his own eyes, be- stowed a character on him, nnich superior to what forms and ceremonious institutions could alone con- fer. The clergy of Scotland, though such tumult was excited about religious worship and discipline, were both poor and in .snuiU numbei-s ; nor are thev in Ge- neral to be considered, at least in the bcgiuniiig, as the ringleaders of the sedition, which was raised on their .iccouut. Ou the contrary, the laity, apprehend- ing from several instances which occurred, a spirit of moderation in that order, resolved to domineer entirely i in the assembly, which was summoned, and to Inirryoa ! 628 THE HISTORY OF ENGLAND. [Chap. LID, tlio ecclesiastics by tlie same furious zeal with wliicli thev tliemsolves were tnuispoited. It luul boon usiml, before tlie establishment of pre- lacy for each i)resbytery to send to the assembly, be- siais two or three ministers, one lay-commissionor ; and as all the boroughs and universities sent likewise ooni'nii'-sioners, the luy-meiiibers in that ecclesiastical court n.^arlv cquallod the ecclesiastics. Not only this institution,' which James, apprehensive of zeal in the Jaity, had abolished, was now revived by the covenant- ers : they also introduced an innovation which served still further to reduce the clergy to subjection. By an edict of the tables, wlioso authority w.as supreme, an elder from each parish was ordered to attend the pres- bvtcry, and to give his vote in the choice both of the coniniissioners and ministers who should bo deputed to the assembly. As it is not usual for the niinistors, who are put in the list of candidates, to claim a vote, all tho elections by that means fell into the hands of the laity : the most furious of all ranks were chosen : and, the more to overawe the clergy, a new device was fallen upon, of choosing to every commissioner four or five lay-assessors, who, though they could have no vote, might yet interpose with their advice and authority in tlie assembly EPISCOPACY ADOLISIIED. The assembly met at Glasgow; and, besides a gre.at concourse of the people, all the nobility and gentry of any family or interest were present, either as mem- bers, assessors, or spectators; audit was apparent, that the resolutions taken by the covenanters, could here meet with no manner of opposition. A firm deteriui- natioii had been entered into, of utterly abolishing episcopacy ; and as a jireparative to it, there was laid before the presbytery of IMinburgh, and solemnly read in all the churches of the kingdom, an accusation against the bishops, as guilty, all of them, of heresy, eiuioiiy, bribery, perjury, cheating, incest, adultery, foruication, common swearing, drunkenness, gaming, breach of the s.abbath, and every other crime that had occured to the accusers. The bishops sent a protest, declining the authority of the assembly; the com- missioner too protested against that court, .as illegally constituted and elected ; and, in his majesty's name, dissolved it. Tliis measure was foreseen, and little regarded. Tho court still continued to sit, and to finish their business. All the .acts of assembly since the accession of James to the crown of England were, upon pretty reasonable grounds, declared null and invalid. The acts of parlianieut which affected ecclesiastical affairs were snppo«od, on that very ac- count, to have no manner of authority. And thus epis- copacy, the high-commission, tho articles of Peitli, the canons, and the liturgy, were abolished and declared unlawful : and the whole fabric, which James and Charles, in a long course of years, had been rearing with so much care and policy, fell at once to the ground. The covenant likewise was ordered to be signed by every one, under pain of excommunication. 1639. The independency of the ecclesiastical upon the civil power was the old prcsbyteiian principle, which h.ul been zealously adopted at the Reformation, and which, though James and Charles had obliged the church publicly to disclaim it, had secretly been ad- hered to by all ranks of jioople. It was commonly askod, whether Christ or the hiiig were superior ? And as the answer seemed obvious, it was inferred, that the assembly, being Christ's council, was superior in all spiritual matters to the parliament, which was only the king's. But as the covcnauterswere sensible that this consequence, though it seemed to them irrel'r.agablo, would not be .assented to by tho king; it became ne- cessary to maintain their religious tenets by military • A prwbv'pry in Scotland la an inferior ccclpsiasiieal court, tlic same tliat vrj afterwards L-allcd a ilassis in Kngland, and is composed uf the clcrf^y of tlte nei({litM-iirin2 parishcSf tu tha Dumljor comtnotily of Iwt^vcen twelve and force, and not to trust entirely to supernatural assist- ance, of which, however, they held themselves well assured. They cast their eyes on all siilcs, .abroad and at home, whence ever they could e.\pect any aid or support. After France and Holland had entered into a league against Spain, and framed a treaty of partition, hy which they were to conquer and to divide between them the Low Country provinces, England was invited to preserve a neutrality between the contending par- ties, while the French and IJiitch should attack the maritime towns of Flanders. But the king reiilied to d'Estrades, the French ambassador, who ojicned the proposal, that he had a squadron ready, and would cross the seas, if necessary, with an army of fit'teen thons.and men, in order to prevent these projected coi;- qiiests. This answer, which proves that Charles, though lie expressed his mind with an imprudent can- dour, had at last acquired a just idea of national in terest, irritated cardinal Itichelieu ; and in revenge, that politic and enterprising minister carefully fo- mented the first commotions in Scotland, and secretly supplied the covenanters with money ami arms, in order to encourage them in their opposition against their sovereign. "WAR. But the chief resource of tho Scottish malcontents was in themselves, and in their own vigour and abili- ties. No regular established commonwealth could take juster measures, or execute tlieui with greater promp- titude, than did this tumultous combinalion, inflamed with bigotry for religious trifles, and faction without a reasonable object. The whole kingdom was in a man- ner engaged ; and the men of greatest .abilities soon ac(|uireil the ascendant, which their family interest en- abled them to maintain. Tho earl of Argyle, though ho long seemed to temporise, had at last embraced the covenant ; and he became the chief leader of that party : a man equally supple and inflexible, cautious and determined, and entirely qualified to make a figure during a factious and turbulent period. The earls of Rothes, Cassils, Montrose, Lothian, the lords Lindesey, Loudon, Yester, Balmerino, distinguished themselves in that party. Many Scotch officers had acquired, reputation in the German wars, particularly under Gustavus ; .and these were invited over to assist their country in her present necessity. The cominiind was intrusted to Lesley, a soldier of experience and abili- ties. Forces were regularly enlisted and disciplined. Arms were commissioned and imported from foreign countries. A few castles which belonged to the hiug, being unprovided with victuals, ammunition, and gar- risons, wore soon seized. And the whole country, ex- cept a small part, where tho marquis of Huntley still adhered to the king, being in tlie hands of the cove- n.anters, was in a very little time put in a tolerable pos- ture of defence. Tlie fortifications of Leith were begun and carried on with great rapidity. Besides the inferior sort, and those who laboured for pay, incredible numbers of volunteers, even noblemen and gentlemen, put their h.and to the worh, and deemed the most abject em- ployment to be dignified by the sanctity of the cause. Women, too, of rank and condition, forgetting the delicacy of their sex, and the decorum of their cha- racter, were intenninglod with the lowest rabble ; and carried on their shoulders the rubbish requisite for completing the fortifications. ^Ve must not omit another auxiliary of the covenant- ers, and no inconsiderable one; a projihetess, who was much followed and admired hy all ranks of people. Her name was Michelson, a woman full of whimsies, partly hysterical, partly religious; and inflamed with a zealous concern for the ecclesiastical discipline of the prosbyterians. She spoke at certain times only, and had often interruptions of days and weeks: but when CaAP. Mil J CHARLES I. 1626 -16-19. 029 sho began to renew hei- ecstasies, warning of tlie happy event was conveyed over the whole country, thousands crowded about her liouse, and every word wliich she uttered was received with veneration, as the most sacred oracles. Tlie covenant was her perpetual theme. The true, genuine covenant, she said, was ratified in heaven : the king's covenant was an inven- tion of Satan: when she spoke of Christ, slie usually g.ave him the name of the covenanting Jesus. Rollo, a popular pn'acher, .and zealous covenanter, was lier great favourite ; and paid her, on his part, no less veneraticm. lieing desired by the spectators to pr.ay with her, and speak to her, he answered. "Tliat he durst not, and that it would be ill maimers in him to spe.ak, whik' his master, Clirist, was speaking in her." Cliarles had agreed to reduce episcopal a\ithority so much, that it would no longer have been of any service to snp|>ort the crown ; and this sacrifice of liis own in- terests he was willing to make, in order to attain public peace and tranquillity. liut he could not consent en- tirely to abolish an order which he tliought as essen- tial to tlie being of a Cliristian cliureli, as his Scottish subjects deemed it incompatible with tliat sacred insti- tution. This narrowness of mind, if we would be im- partial, we must either blame or excuse eijcially on both sides ; and tliercby anticipate, by a little reflection, tliat judgment, wliich time, by introducing new subjects of controversy, will undoubtedly render quite familiar to posterity. So great w.os Charles's aversion to violent and san- guinary me.asnres, and so strong his affection to his native kingdom, that it is probable the contest in his breast would I.>e nearly equal between these laudable p.assions, and his attachment to the hierarchy. The latter affection, howevei-, prevailed for the time, and made him hasten those military preparations which he h-ad projected for subduing the refractory spirit of the Scottish nation. By regular economy, he had not only p.aid all the debts contracted during the Spanish and French wars, but had amassed a sum of two hundred thousand pounds, which ho reserved for any sudden exigency. The queen had great interest with the catholics, both from the sympathy of religion, and from the favours and indulgencies which she had been able to procure to them. She now employed her credit, and persuaded them, that it was reasonable to give large contributions as a mark of their duty to the king, doling this urgent necessity. A considerable supply was obtained by this means ; to the great scandal of the puritans, who were offended at seeing the king on such good terms with the p.apists, and repined that others should give what they themselves were disposed to refuse him. Ch.arles's fleet w.is formid.able and well supplied. Having put five thousand l.ind-forces on board, he en- trusted it to the marquis of Hamilton, who had orders to sail to the Frith of Forth, and to cause a diversion in the forces of the m.alcontcnts. An army w.as levied of near twenty thousand foot, and above three thousand horse, and was put under the command of the earl of Arundel, a nobleman of great family, but celebrated neither for military nor political abilities. The earl of Essex, a man of strict honour, and extremely popular, especi:Jly among the soldiery, was appointed lieu- tenant-general : the earl of Holland was general of the horse. The king himself joined the .army, (29th Jlay,) and he summoned .all the peers of England to attend him. The whole had the apjicarance of a splendid court, rather than of a military armament ; and in this situation, carrying more show than real force with it. the camp arrived at Berwick. The Scottish army was as numerous as that of the king, but inferior in cav.alry. The officers had more reputation and experience ; and the soldiers, though undisciplined and ill-armed, were animated aa well by the national aversion to England, and the dread of be- coming a province to their old enemy, as by an unsur- raountable fervour of religion. The pulpits had ex- tremely assisted the officers in levying recruits, and had thundered out anathemas against all those trho went not out to assist the Lord affaiiist the mighly. Yet so prudent were the leaders of the malcontents, tliat they immediately sent submissive messages to the king, and craved to be admitted to a treaty. Cliarles knew that the force of the covenanters w.as considerable, their .spirits high, their zeal furious ; and that, a.s they were not yet daunted by any ill-success, no reasonable terms could be expected from them. With reg.ard therefore to a treaty, great difficulties oc- curred on both sides. Should he submit to the preten- sions of the ni.alcontents, besides that the prelacy must be sacrificed to their religious prejudices, such a check would be given to royal authority, which had, very lately, and with ranch diflSculty, been thoroughly es- tablished in Scotland, that he must expect ever after to retain in that kiugdom no more th.an the appearance of majesty. 'J'he great men, having proved, by so sen- sible a trial, the impotence of law and prerogative, would return to their fornaer licentiousness : the preachers w ould retain their innate arrogance : and the people, unprotected by justice, would recognise no other authority tlian that which they found to domi- neer over them. England also, it was much to be feared, would imitate so bad an example ; and having already a strong propensity towards republican and puritanical factions, would expect, by the same sedi- tious practices, to attain the same indulgence. To advance so far, witliout bringhig the rebels to a total submission, at least to reasonalje concessions, was to promise them, in all future time, an impunity for re- bellion. On the other hand, Charles considered that Scotland was never before, under any of his ancestors, so united, and so animated in its own defence ; yet had often been able to foil or elude the force of England, combined heartily in one cause, and inured by long practice to the use of arms, llow much greater difficulty should he find at present, to subdue, by violence, a people inflamed with religious prejudices ; while he could only oppose to them a nation enervated by long peace, and lukewarm in his service; or, what w.is more to be dreaded, many of them engaged in the same party with the rebels. Should the war be only protracted beyond a campaign, (and who could exjiect to finish it in that period ?) his treasures would fail him ; and for supply, he must have recourse to an English paiii.a- ment, which, by fatal experience, he had ever found more ready to encroach on the prerogatives, than to supply the necessities of the crown. And what if he receive a defeat from the rebel army ? This misfor- tune was far from being impossible. They were en- gaged in a national cause, and strongly actuated by mistaken principles. His army was retained entirely by pay, and looked on the quarrel with the same in- difference which naturally belongs to mercenary troops, without possessing the discijiline by which such troops are commonly distinguished. And the consequeuces of a defeat, while Scotland was enraged and England discontented, were so dreadful, that no motive should persuade him to hazard it. It is evident that Charles had fallen into such a situ- ation that, whichever side he embraced, his erroremust be dangerous ; no wonder, tlierefore, he was in great perplexity. But he did worse than embrace the worst side: for, properly speaking, he embraced no side at all. He concluded a sudden pacification, in which it was stipulated, that he should withdraw his fleet and army; that within eight and forty hours the Scots sliould dismiss their forces ; that the king's forts should be restored to him; his authority be acknowledged; and a general assembly and a parliament be imme« diately summoned, in order to compose all differences. What were the reasons which engaged the king to admit such strange articles of peace, it is in vaiu to inquire : for there scarcely could be any. The cansea of that event may admit of a more easy explication. 680 THE HISTORY OF ENGLAND. [Chap. LIU, The malcontents liad been very iiKlustilous in re- uresentiiiK to tlie Kiij,'lish ti.e gi-ievanccs under wl.icli Scotland lalionred, and the ill-counsels which had heen sufrsiested to their sovereign. Their liberties, tliey said, were invaded : the prerogatives of the crown ex- tended bevoiid all former precedent: illegal courts erected : tjic hierarchy exalted at the expense of na- tional privileges: and so many new superstitions intro- duced by the" haughty, tyrannical prelates, as begat a just suspicion that a project was seriously formed for tiie restoration of popery. The king's conduct, sui ely, in Scotland, had been in everything, except in esUih- lishing tlie ecclesiastical canons, more legal than in Knglaiul ; yet was there such a general reeembiance 'm the complaints of both Idngdoms, that the English readily assented to .ill the representations of the ^cut- tish malcontents, and believed that nation to have been driven by oiipiession into the violent counsels which they had emhr.aced. So far, therefore, from being wil- ling to second the king in subduing the free spirits of the Scots, they raiher pitied that unhappy people, wlio had been "pushed to those extremities: and tliey thought that the exam|de of such neighboiMs, as well as their assistance, might sometime be advantageous to England, and encourage her to recover, by a vigor- ous ctTbrt, her violated laws and liberties. Tlie gentry and nobility, who, without attachment to the court, without command in the army, attended in great num- bers the English camj), greedily seized, and propa- gated, and gave authority to these sentiments : a le- tieat, very little honourable, which the earl of Hol- land, with a considerable detachment of the English forces, had made before a detachment of tlie Scottish, caused all these humours to blaze up at once : and the king, wliose character was not sufficiently vigorous or decisive, and who was apt, from facility, to embrace hasty counsels, suddenly assented to a measure which was recommended by all about him, and which fa- voured his natural propcnsion towards the misguided subjects of his native kingdom. Ciiarles, having so far advanced in pacific measures, ought with a steady resolution to Iiave prosecuted them, and have submitted to every tolerable condition de- manded by the assembly and parliament ; nor should lie have recommenced hostilities, but on account of such enormous and unexpected pretensions as would have justified his cause, if possible, to the whole Eng- lish nation. So far, indeed, he adopted this plan, that he agreed not only to confirm his former concessions, of abrogating the canons, the liturgy, the high-commis- sion, and the articles of Perth ; but also to abolish the order itself of bishops, for which he had so zealously contended. But tliis concession was gained by tlie utmost violence which he could impose on his disjiosi- tion and prejudices : he even secretly retained an in- tention of seizing favourable oiiportunities, in order to recover the ground which he had lost. And one step further he could nut prevail with himself to advance. The assembly, when it met, paid no deference to the king's prepossessions, hut gave full indulgence to their own. They voted episcopacy to be unlawful in the church of Scotland : (17th August :) he was willing to allow it contr.ary to the constitutions of the church. They stigmatized the liturgy and canons as popish : he agreed simply to abolish them. They denominated the high-commission, tyranny: he w.as content to set it aside. The parliament, which sat after the assembly, advanced pretensions which tended to diminish the civil power or' the mon.arch ; and, what probably affected Charles still more, they were proceeding to ratify the acts of assembly, when, by the king's instructions, Trai[uaire, the commissioner, prorogued them. And on account of these claims, which might li.ave been fore- Been, wag the war renewed with great advantages on the siile of the covenanters, and disadvantages on that of the king. No sooner had Charles concluded the pacification ■without conditions, than the necessity of his affairs and his want of money obliged him to disband his arxny ; and .as the soldiers had been held together solely by mercenary views, it was not possible, witliout great trouble and exjjense, and loss of time, again to assemble them. 'I'lie more jinident covenanters had concluded, that their pretensions being so contrary to the interests, and still more to the inclinations of the king, it Avas Ukely that they should again be obliged to support their cause by arms ; and they were therefore careful in dismissing their troops, to preserve nothing but the appearance of a ])acific disposition. The officers had orders to be ready on the first summons : the soldiers were warned not to think the nation secure from an English invasion: and the religious zeal which aui- maled all ranks of men, made them immediately ily to their standards as soon as the trumpet was sounded by their spiritual and temporal leaders. The credit which in their last expedition they had acquired, by obliging their sovereign to dcjiart liom all his pretensions, gave courage to eveiy one in undertaking this new euter- piise. 1(!40. The king, with great difficulty, found means lo draw together an army; (13tli April;) but soon dis- covered, that, all savings being gone, and great debts contracted, his revenue would be insufficient to su]!- port them. An English jiarliament, therefore, for- merly so unkind and intractable, must now, after above eleven years intermission, after the king had tried many irregular methods of taxation, after multiplied disgusts given to the puritanical party, be summoned to assemble, amidst the mott pressing necessities of the crown. As the king resolved to tiy, whether this house of commons would be more compliant than their prede- cessois, and grant him supply on any reasonable terms, the time appointed for the meeting of parliament was late, and very near the time allotted for opening the campaign against the Scots. After the past experi- ence of their ill-humour, and of their encroaching dis- position, he thought that he could not in prudence trust them witli a long session, till he had seen some better proofs of tlieir good intentions : the urgency of the occasion, and the little time allowed ibr debate, were reasons which he i-eserved against the malcon- tents in the house: and an incident had happened, which he believed, had now furnished him with still more cogent arguments. The earl of Traquaire had intercepted a letter writ- ten to the king of Fiance by the Scottish malcontents; and had conveyed this letter to the king. Charles, partly repenting of the large concessions made to the Scots, partly disgusted at their fresh insolence and pretensions, seized this opportunity of breaking with them. He had thrown into the 'lower lord Loudon, commissioner from the covenanters; one of the persons who li.id signed the treasonable letter. And he now Laid the matter before the parliament, whom he hoped to inilame by the resentment, and alaim by the danger of this application to a foreign power. By the nieulh of the lord-keeper. Finch, he discovered his wants, and informed them that he had been able to assemble his army, and to subsist them, not by any revenue which he possessed, but by nie.ans of a large debt of above three hundred thousand iioiinds which he had con- tracted, and for which he had given security upon the crown-lands. He represented, that it was necessary to grant supplies for the immediate and urgen' de- mands of his military armaments : that the season was far advanced, the time precious, and none of it must be lost in deliberation: that though his cotl'eis were cmjity, they had not been exhausted by unne- cessary pomp, or sumptuous buildings, or any other kind of magnificence : that whatever siiiiplies had bei u levied on his subjects, had been enijdoyed for their ad- vantage and preservation, and, like vajiours rising out of the earth, and gathered into a cloud, had fallen iu sweet and refreshing showers on the s;inie fields from which they had at firpt been exhaled : that though he Chap. LIII.I CHARLFS I 1G25— 1649 631 desired such immediate assistance as might prevent for the time a total disorder in the government, he was far from anv intention of precluding them from their riglit to inquire into the state of the kingdom, and to offer him petitions for the redress of their grievances: tliat as much as was possible of tliis season slionld after- wards bo allowed them for that purpose : that as he expected only such supply at present as the current service necessarily required, it would be requisite to assemble tl:em again next winter, when they should h:ive full leisure to conclude whatever business liad this session been left imperfect and nnfinislied: tliat the parliament of Ireland had twice put such trust upon his good intentions, as to grant him, in the beginning of the session, a large supjdy, and had ever experienced good effects from the confidence reposed in him ; and that, in every circumstance, his people should find his conduct suitable to a just, pious, and gracious king, and such as was calculated to pro- mote an entire harmony between prince and par- liament. However plausible these topics, they made small im- pression on the house of commons. By some illegal, and several suspicious meiisures of the crown, and by the courageous opposition which particular persons, amidst dangers and hardships, liad made to them; the minds of men, throughout the nation, had taken such a turn as to ascribe every honour to the refractory oppo- sers of the king and the ministers. These were the only patriots, the only lovers of their country, the only heroes, and, perhaps too, the only true Christians. A reasonable compliance with the court was slavish dejjendence; a reg.ard to the king, servile flattery; a confidence in his jiromises, shameful prostitution. This general ca«t of thought, which has, more or less, pre- vailed in Engl.and, during near a century and a h.ilf, and which h.as been the cause of much good and much ill in public affairs, never predominated more than during (he reign of Charles. The present house of commons, being entirely composed of country gentle- men, who came into parliament with all their native prejudices about tlu^m, and whom the crown had no means of influencing, could not fail to contain a majo- rity of these stubborn patriots. Affairs likewise, by means of the Scottish insurrec- tion, and the genenal discontents in England, were drawn so near to a crisis, that the leaders of the house, sagacious and penetrating, began to foresee the conse- quences, and to hope, that the time, so long wished for, was now come, when royal authority must fall into a tot.il suhordin.ation under popular assemblies, and when public liberty must acquire a full ascendant. By reducing the crown to necessities, tiiey had hitherto found, tliat the king had been pushed into violent counsels, which had served extremely the purposes of his adversaries : and by multiplying these necessities, it was foreseen that his prerogative, undermined on all sides, must, at last, be overthrown, and be no longer dangerous to the privileges of the people. Whatever, therefore, tended to compose the differences between king and [arliament, and to preserve the government uniformly in its present channel, was zealously opposed by these jxipul.ar leaders; and their p.ast conduct and sufferings gave them credit sufiicient to effect all their purposes. Thehousoof commons,moved by these andmanyother obvious reasons, instead of taking notice of the king's complaints against his Scottish subjects, or his applica- tion for supply, entered immediately upon griev.ances ; .and a speecli which Pym made them on that subject, was much more hearkened to, than that wliich the lord- keeper bad delivered to them in the name of their sovereign. Tlie subject of I'ym's harangue has been sufliciently explained above; where we g.ave an account of all the grievances, im.agin.iry in the church, more real in the state, of which the nation, at that time, so loudly complained. The house began with examining the behaviour of the speaker the last day of the former parliament ; when he refused, onaccount of the king's- command, to put the question ; and they declared it a breach of privilege. They proceeded next to inquire into the imprisonment and prosecution of sir John Elliot, IloUis, and Valentine: the affair of ship-money w as canvassed : and plentiful subject of inquiry was suggested on all hands. Grievances were regularly classed under three heads ; those with regard to pri- vileges of parliament, to the property of the subject and to religion. The king, seeing a large and inex, haustible field opened, pressed them again for supply ; and finding his message ineffectual, ho came to the house of peers, and desired their good ofiices with the commons. The peers were sensible of the king's ur- gent necessities ; and thought that supply, on this occasion, ought, both in reason and in decency, to go before grievances. They ventured to represent their sense of the matter to the commons ; but their inter- cession did harni. The commons had always cl.iimed, as their peculiar province, the granting of supplies; and though the peers had here gone no further than offering advice, the lower house immediately thought proper to vote so unprecedented an interposition to be a breach of privilege. Charles, in order to bring the matter of supply to some issue, solicited the house by new messages ; and finding that ship-money gave gieat alarm and disgust, besides informing them, that ho never intended to make a cons'ant revenue of it, that all the money levied had been regularly, with other great sums, e-xpended on equipping the navy, he now went so far as to offer them a total abolition of that obnoxious claim, by any law which the commons should think proper to present to him. In return, he only asked, for his necessities, a supply of twelve sub- sidies, about six hundred thousand poimds, and thai payable in three years ; but, at the same time, he let them know, that considering the situation of his affairs, a delay would be equivalent to a denial. The king, though the majority was against him, never had nioro friends in any house of commons ; and the debate was carried on for two days, with great zeal and warmth on both sides. It was urged by the partisans of the court, that the happiest occasion, which the fondest wishes could sug gest, w.as now presented, for removing all disgusts and jealousies between king and people, and for reconciling their sovereign, for ever, to the use of parliaments. That if they, on their part, laid aside all enormous claims and pretensions, and provided, in a reasonable manner, for the public necessities, they needed entertain no suspi- cion of any insatiable ambition or illegal usurpation in the crown . That though due regard had not always been paid, during this reign, to the rights of the people, yet no invasion of them had been altogether deliberate and vo- luntary; much less, the result of wanton tyranny and in- justice ; and still less, of a formed design to subvert the constitution. That to repose a reasonable confidence in the king, and generously to supply his present wants, which proceeded neitlier from prodig.ality nor miscon- duct, would be the true means of gaining on his gene- rous nature, and extorting, by gentle violence, such concessions as were requisite for the est.ablishmout of public liberty. That he had promised, not only on the word of a prince, but also on that of a gentleman, (the expression which he had been ])Ieascd to use,) that, after the supply was, granted, the parli.ament should still have liberty to continue their deliberations ; could it be suspected, that any man, any prince, much less such a one, whoso word was, as yet, sacred and invio- late, would, for so small a motive, forfeit his honour, and, with it, all future trust and confidence, by break- ing a promise, so public and so solemn ? That even, if the parliament should be deceived in reposing this confidence in him, they neither lost any thing, nor incurred any danger; since it was evidently necessary for the security of public peace, to supply him with money, in order to suppress the Scottish rebellion. That he had so far .suited his first demands to their 038 THE HISTORY OF ENGLAND. [Chap, LIIl. prejudices, that lie only asked a supply for a few months, and was wiUinf:, after so sliort a trust from tliem to fall again into depiMuiencc, and to trust them for his further support and subsistence. That if he now seemed to desire something further, he also made them, in return, a considerable offer, and was willing, for the future, to depend on them for a revenue, which w:is quite necessary for public honour and security. That the nature of the English constitution supposed a mutual confidence between king and ]iarliament : and if they should refuse it on their part, especially with circumstances of such outrage and indignity; what could be expected but a total dissolution of government, and violent factions, followed by the most dangerous convulsions and intestine disorders ? In opposition to these arguments, it was urged by the malcontent party, that the court had discovered, on their part, but *'ew symptoms of that mutual confi- dence to which they now so kindly invited the com- mons. That eleven years intermission of parliaments, the longest that was to be found in the English annals, was a sufficient indication of the jealousy entertained against the people ; or rather of designs formed for the su]>pression of all their liberties and privileges. That the ministers might well plead necessity, nor could any- thing, indeed, be a stronger proof of some invincible necessity, than their embracing a measure, for which they had conceived so violent an aversion, as the as- sembling of an English parliament. That this neces- sity, however, was purely ministerial, not national; and if the same grievances, ecclesiastical and civil, un- der which this nation itself laboured, had pushed the Scots to extremities; was it requisite that the English should forge their own chains, by imposing chains on their unhappy neighbours ? That the ancient practice of parliament was to give grievances the precedency of supply ; and this order, so carefully observed by their ancestors, was founded on aje.alousy inherent in the constitution, and was never interpreted as any peculiar diffidence of the present sovereign. That a practice which had been upheld, during times the most favour- able to liberty, could not, in common prudence, be de- parted from, where sucli undeniable reasons for sus- picion had been afforded. That it was ridiculous to plead the advanced season, and the urgent occasion for supply; when it plainly appeared, that in order to afford a pretence for this topic, and to seduce the com- mons, great political contrivance had been employed. That the writs for elections were issued early in the winter; and if the meeting of parliament h.id not pur- posely been delayed till so near the commencement of military operations, there had been leisure sufficient to have redressed all national grievances, and to have pro- ceeded afierwarjs to an examination of the king's occasion for supply. That the intention of so gross an artifice was to engage the commons, under pretence of necessity, to violate the regular order of parliament ; and a precedent of that kind being once est.ablished, no inquiry into public measures would afterwards be per- mitted : that scarely any argument more unfavourable could be pleaded for supply, than an offer to abolish ship-money ; a taxation the most illegal, and the most dangerous, that had ever, in any reign, been imposed upon the nation : and that, by barijaining for the re- mission of that duty, the commons would, in a manner, ratify the authority by which it had been levied ; at least, give encouragement for advancing new preten- sions of a like nature, in hopes of resigning them on like .advantageous conditions. These reasons, joined to so many occasions of ill humour, seemed to sway with the greater number : but, to make the matter worse, sir liarry Vane, the secretary, told the commons, without any authority from the king, that nothing less than twelve subsidies would be accepted as a compensation for the aboli- tion of the ship-money. This assertion, proceeding from the indiscretion, if we are not rather to call it the treachery, of Vane, displea-sed the honse, by showing a stiffness and rigidity in the king, which, in a cl.-iim so ill-grounded, was deemed inexcusable. We are in- fonned likewise, that some men, who were thought to understand the state of the nation, affirmed in the house, that the amount of twelve subsidies was a greater sum than could be found in all England. Such were the happy ignorance and inexperience of those times, with regard to ta.Kes ! The king was in gi-eat doubt and perplexity. lie saw, that his friends in the house were outnumbered by his enemies, and that tlie same counsels were still prevalent which had ever bred such opj)osition and disturbance. Instead of hoping that any supply would be granted him, to carry on war against the Scots, whom the majority of the house regarded as their best friends and firmest allies ; he expected every day, that they would present him an address for making peace with those rebels. And if the house met again, a vote, ho was informed, would certainly pass, to bliist his revenue of ship-money ; and thereby renew all the opposition, which, with so much difficulty, he had sur- mounted, in levying that taxation. Where great evils lie on .all sides, it is difficult to follow the best counsel ; nor is it any wonder, that the king, whose capacity was not equal to situations of such extreme delicacy, should have formed and executed the resolution ol dissolving this parli,ament : a measure, however, of which he soon after re]jented, and which the subse quent events, more than any convincing reason, in- clined every one to condemn. The last parliament, which ended with such rigour and violence, had yet, at first, covered their intentions with greater ajipearance of moderation than this parliament had hitherto as- sumed. An abrupt and violent dissolution natiu'ally excites discontents among the people, who usually put entire confidence in their representatives, and e.xpect from them the redress of all grievances. As if there wero not already sufficient grounds of conijdaint, the king persevered still in those counsels, which, from experi- ence, he might have been sensible wore so dangerous and unpopular. Bellasis and sir John Ilotham wero summoned before the council ; and I'ofusing to givo any account of their conduct in parliament, were com- mitted to prison. All the petitions and comjdaints, which h.id been sent to the committee of religion, were demanded from Crew, chairman of that commit- tee, .and on his refus.al to deliver them, he was sent to the Tower. The studies, and even the pockets, of the earl of Warwick and lord Broke, before the expiration of privilege, were searched in expectation of finding treasonable papers. These acts of authoiity were in- terpreted, with some a])pearance of reason, to be inva- sions on the right of national assemblies. But the king, after the first provocation which he met with, never sufficiently respected the privileges of parlia- ment ; and, by his example, he further confirmed their resolution, when they should acqu're power, to pay like disregard to the prerogatives of the crown. Though the parliament was dissolved, the convoca- tion was still allowed to sit ; a pnactice of which, since the Heformation, there were but few instances,* and which was for that reason supposed by many to be irregular. Besides granting to the king a supply from the spirituality, and framing many canons, the convo- cation, jealous of like innovations with those which had taken place in Scotland, imposed an oath on the clergy, and the graduates in the universities, by which every one swore to maintain the established govern- ment of the church by archbishops, bishops, deans, chapters, &c. These steps, in the present discon- tented humour of the nation, were commonly deemed illegal ; because not ratified by consent of jiarliament, in whom all .authority was now supposed to be cen- tered. And nothing, besides, could afford more sub- • There waj nnc in ISft). Sre Hist, of Archbishop Laud, p. CO. ThpBU- th'.riiy of the ciinvocalion was indeed, in most resp cts. independent of th« parliament, and there was no reason which required the one to be di&solveij upon the diaeolution of the other. Chap. LIIl. CHARLES J. 1625—1649 633 jcct of ridiculp, tliar. an oath, wliicli contained an et I ratcra in the midst of it. ROUT AT NEWBURN. August 28. DISCONTENTS IN ENGLAND. The projilp, « lio generally abhorred the convocation as niiicli as tliev revered tlic parliament, could scarcely he restrained from insiiUini; and abusing this assem- bly ; and the Uinf; was obliged to give them guards, in order to prot^ et them. An attack too was made during (he night upon L;iud, in his palace of Lambeth, by above five lunulred persons ; and he found it neces- sary to fortify himself for his defence. A multitude, consisting of two thousand sectaries, entcri d St. Paul's, where the high-commission then sat; tore down the benches ; and cried out, " No bishop, no high-commis- sion." AH these instances of discontent were pas- Rigcs of some great revolution ; had the coiut pos- sessed sufHeient skill to discern the danger, or sufhci- ent power to provide against it. In this disjiosition of men's minds, it was in vain that the king issued a declaration, in order to convince his people of the necessity, which he lay under, of dissolv- ing the last parliament. The chief topic on which he insisted was, that the commons imitated the bad ex- ample of all their predecessors of late years, in making continual encroachments on his authority, in censur- ing his whole administration and conduct, in discuss- ing every circumstance of public government, and in their indirect bargaining and contracting with their king for supply ; as if nothing ought to be given liini but what he should purchase, either by quitting somewhat of his royal jjrerogative, or by diminishing and lessening his stantUng revenue. These prac- tices, he said, were contrary to the maxims of their ancestors ; and these practices were totally incompati- ble with monarchy. [See note 5 Z, at the end of this roi.] The king, disappointed of parliamentaiy subsidies, was obliged to have recourse to other expedients, in order to supjily his urgent necessities. The ecdesiiis- tical subsidies served him in some stead ; and it seenud but just, that the clergy should contribute to a war, which was in a great measure of their own raising. IIo borrowed money from his ministers and com-- tiers ; and so much was he beloved among them, that above three hundred thousand jiounds were subscribed in a few days : though nothing surely could bo more disagreeable to a prince, full of dignity, than to bo a burden on his friends, instead of being a support to them. Some attempts were made towards forcing a loan from the citizens ; but still repelled, by the spirit of liberty, whicli was now become unconquerable. A loan of forty thousand jiounds was extorted from the Spanish merchants, who had bullion in the Tower, ex- posed to the attempts of the king. Coat and conduct- inoney for the soldiery w.is levied on the counties ; an ancient practice, but supposed to be abolished by the Petition of Right. All the pepjier was bought from the East-India Company upon trust, and sold, at a great discount, for ready money. A scheme was proposed for coining two or three hundred thous.and pounds of base money. Such were the extremities to which Charles was reduced. The fresh difficulties which, amidst the jn-esent distresses, were eveiy day raisch the king secretly retained in the house. Mild- • An act of parliament, 26 Hen. V![L cap. I!l, allowed the conv(.cation, irith the kind's consent, to make canons. Hy the famous act of submission to that prince, the clerRy bound themselves to enact no canons without the king's tMnsent. Tile parliament was never mentioned nor thnuj^ht of. Such preten- elons as the commons adrftnced at present would, in any former age, have been deemed stranpe usurpations. t Lord Clarendon say* it was entirely neiv ; but there arc instances of it in llitrdRiiof F.litabeth. U'Kwei, p. liltii 352. Thciv are also instances in the rcUnof James, may, a notorious monopolist, yet having associated himself with the ruling party, was still allowed to keep his seat. In all questions indeed of elections, no steady rule of decision was observed ; and nothing further was regarded than the aflections and attachments of the jiarties. Sleii's passions were too much lieated to be shocked with any instance of injustice, which served ends so popular as those which were pursued by this house of commons. The whole sovereign power being thus in a manner transferred to the commons, and the government, with- out any seeming violence or disorder, being changed in .a moment from a monarchy almost absolute, to a pure democracy, the popular leaders seemed willing for some time to sn.spenil their active vigour, and to conso- lidate their authority, ere they jirocecded to any violent exercise of it. Kvery day produced some new harangue on past grievances. 'J'ho detestation of former usurpa- tions, was further enlivened: the jealousy of libeity roused : and, agreeably to the spirit of free government, no less indignation was excited by the view of a violatetl constitution, than by the ravages of the most enormous tyranny. This was the time when genius and capacity of all kinds, freed from the restraint of authority, and nou- rished by unbounded hopes and projects, began to exert themselves, and be distinguished by the public. Then was celebrated the sagacity of l'ym,inore fitted for use than ornament ; matured, not chilled, by his advanced age, .and long experience: then was disjilayed the mighty ambition of Ilambden, taught disguise, not moderation, from former constraint; supported by courage, conducted by prudence, embellished by mo- desty ; but wliether founded in a love of power or zeal for liberty, is still, from his untimely end, left doubtful and uncertain : tlien too w ere known the dark, ardent, and dangerous character of St. John ; the impetuous .spirit of llollis, violent .and sincere, open and entire in his enmities and in bis friendships : the enthusiastic genius of young Vane, e.xtr.avngant in the ends which he pursuetl, sagacious and profouiulin the means which he employed ; incited by the appearances of religion, negligrr.L of the duties of morality. ."o little apology would be received for past mea- sures, so cont.agious in the general spirit of discontent, that even men of the most moderate tempers, and the most attached to the church and mon.archy, exerted themselves with the utmost vigour in the redress of grievances, and in prosecuting the authors of them. The lively and animated Digby displayed his eloquence on this occasion, the firm and undaunted Capcl, the modest and candid Palmer. In this list too of patriot royalists are found the virtuous names of Hyde and Falkland. Though in their ultimate views and inten- tions, these men dift'ercd widely from the former ; in their present action and discourses, an entire concur- rence and unanimity was observed. By the daily harangues and invectives against illegal usurpations, not only the house of commons inflamed themselves with the highest animosity against the court : the nation caught new fire from the popular leaders, and seemed now to have made the first dis- covery of the many supposed disorders in the govern- ment. While the law in several instances seemed to be violated, tht-y went no fuither than some secret and calm murmurs ; but mounted np into rage and fury, so soon as the constitution was thought to be restored to its former interity and vigour. The capital, espe- cially, being the seat of iiarliament, was highly ani- mated with the spirit of mutiny .and disaffection. Tumults were daily laised ; seditious assemblies en- couraged ; and every man, neglecting his own business, was wholly intent on the defence of liberty and reli- gion. By stronger contagion, the popular afi'cctiong were communicated from breast to breast, in this place of general rendezvous and society. The harangues of members, now first published and dispersed, kept alive the discontents .against the king's 638 THE HISTORY OF ENGLAND. [Chap. LIV administration. Tlic pulpits, delivered over to puri- tanical preachers and lecturers, whom the commons arbitrarilv settled in all the considerable churches, re- sounded with faction and flinaticism. Vengeance was fully taken for the long silence and constraint, in which, by the authority of Laud .ind the high-com- mission, these preachers had been retained. The press, freed from all fear or reserve, swarmed with piodiic- tious, dangerous by their seditious zeal .ind calumny, more' thaif by any art or eloquence of composition. Noise and furv, cant and hypocrisy, formed the sole rhetoric which', during this tumult of v.-irious prejudices and passions, could be heard or attended to. The sentence which had been executed against Prynne, bastwic, and Burton, now suffered a revisal from parbament. These libellers, far from being tamed by the rigorous punishments which they had undergone, showed still a disposition of repeating their offence ; and the ministers were afraid lest new satires should issue from their prisons, and still further in- flame the prevailing discontents. By an order, there- fore, of council, they had been carried to remote pri- sons; Bastwic to Sci'lly, Prynne to Jersey, Burton to Guernsey ; all access to them was denied ; and the use of books, and of pen, ink, and papei-, was refused them. The sentence for these additional punishments was immediately reversed in an arbitrary manner by the commons: even the first sentence, upon exami- nation, was declared illegal : and the judges who passed it were ordered to make reparation to the suffu-ers. When the prisoners Landed in England, they were received and entertained with the highest demonstrations of affection, were attended by a mighty coufliieuce of company, their charges were borne with great m.agnificence, and liberal presents bestowed on them. On their approach to any town, all the inha- bitants crowded to receive them, and welcomed their reception with shouts and acclamations. Their train still increased as they drew nigh to London. Some miles from the city, the zealots of their party met them in great multitudes, and attended tlieir triumphant en- trance : boughs were carried in this tumultuous pro- cession ; the roads were strewed with flowers ; and amidst the highest exultations of joy, were intermin- gled loud and virulent invectives against the prelates, who had so cruelly persecuted such godly personages. The more ignoble these men were, the more sensible was the insult upon royal authority, and the more dan- gerous was the spirit of disaffection and mutiny, which it discovered among the people. Lilburne, Leighton, and every one that had been punished for seditious libels during the preceding ad- ministration, now recovered their liberty, and were decreed damages from the judges and ministers of justice. Not only the present disposition of the nation en- sured impunity to all libellers : a new method of fr,aming and dispersing libels was invented by the leaders of popular discontent. Petitions to parliament were drawn, craving redress against particular griev- ances; and when a sufhcient number of subscrip- tions were procured, the petitions were presented to the commons, and immediately published. These petitions became secret bonds of association among the subscribers, and seemed to give undoubted sanc- tion and authority to the complaints which they con- tained. It is pretended by historians favourable to the royal cnuae, and is even asserted by the king himself in a declaration, that a most disingenuous or ratlier cri- minal practice prevailed, in conducting many of these addresses. A petition was first framed ; moderate, reasonable, such as men of character willingly sub- Bcribed. The names were afterwards torn off, and afSxed to another petition, which served better the purposes of the popular faction. We may judge of the wild fury whicli prevailed throughout the nation, when BO scandalous an impostm-e, which affected such numbers of people, could be openly practised, with- out drawing infamy and ruin upon the managers. So many grievances were ofi'ered both by the mem- bers, and by petitions without doors, tliat the house was divided into above forty committees, charged, each of them, with the examination of some parti- cular violation of law and liberty , which had been com- plained of. Besides the general committees of religion, trade, privileges, law ; many subdivisions of tlieso were framed, and a strict scrutiny was everywhere carried on. It is to bo remarked, tliat, before the be- ginning of this century, when the commons assumed less influence and authority, complaints of grievances were usuiiUy presented to the house, by any members who had had pjirticular opportunity of observing them. These general committees, w hich were a kind of in- quisitorial courts, bad not then been established ; and we find that the king, in a former declaration,* com- plains loudly of this innovation, so little favourable to royal autliority. But never was so much multiplied as at present the use of these committees ; and the commons, though themselves the greatest innovators, employed the usual artifice of complaining against in- novations, and pretended to recover the ancient and established government. From the reports of their committees, the houso daily p.assed votes, which mortified and astonished the court, and inflamed and animated the nation. Ship- money was declared illegal and arbitrary; the sen- tence agiiinst llambden cancelled ; the court of York abolished; compositions for knighthood stigmatized: the enlargement of the forests condemned ; patents foi monopolies annulled ; and every late measure of administration treated with reproach and obloquy. To-day, a sentence of the star-chamber was ex- claimed against : to-morrow, a decree of the high- oonimission. Every discretionary act of council was represented as arbitrary and tyrannical ; and the ge- neral inference was still inculcated, that a formed design had been laid to subvert t!io laws and con- stitution of the kingdom. From necessity, the king remained entirely passive during all these violent ojierations. The few servants, who continued faithful to him, were seized with asto- nishment at the rapid progress made by the commons in power and poinil.irity, and were glad, by their un- activo and inofl'ensive behaviour, to compound for impunity. The torrent rising to so dreadful and un- expected a height, despair seized all those who from interest or habit were most attached to monarchy. And as for those who maintained their duty to the king, merely from their regard to the constitution, they seemed by their concurrence to swell that inun- dation which began already to deluge everything. " You have taken the whole m.achine of government in pieces," said Charles, in a discourse to the parlia- ment; "a practice frequent with skilful artists, when they desire to clear the wheels f'roln any ri^st which may have grown upon them. The engine," continued he, "may again be restored to its former nse and mo- tions, provided it be put up entire ; so as not a pin of it be w.anting." But this w.ns far from the intention of the commons. The machine they tliought, with some reason, was encumbered with many wheels and springs, which retarded and crossed its operations, and destroyed its utility. Ilappy ! had they proceeded with moderation, and been contented, in their present ple- nitude of power, to remove such parts only as might justly be deemed supei-fluous and incongruous. In order to maintain that high authority which they had acquired, the commons, besides confounding and overawing their opponents, judged it requisite to in- spire courage into their friends and adherents; jiarti- cularly into the Scots, and the religious puritans, to whose assistance and good offices they were already so much beholden. • Published on dissoU-ing the t'jird parlwmcnf- &v Part HlJt. vcj- vil. p. at;. CaAP LI v.] CHARLES I 1625—1649 039 No sooner were the Scots masters of the northern counties, than they laid aside their first professions, which they liad not indeed means to support, of paying for everything; and in order to prevent tlie destruc- tive expedient of plunder and free quarters, the coun- try consented to give tliom a regular contrihution of eight hundred and fifty pounds a day, in full of their SAibsistence. The parliament, that they miglit rehove tlie northern counties from so grievous a burden, agreed to remit pay to tlie Scottish, as well as to the Kn"lish army ; and because subsidies would be levied too slowly for so urgent an occasion, money was bor- rowed from the citizens upon the security of particular members. Two subsidies, a very small sum,* were at first voted; and as the intention of this supply was to indemnify the members, who, by their private, had supported public credit, this pretence was immediately laid hold of, and tlie money was ordered to be paid, nut into the treasury, but to commissioners appointed by parliament : a practice whicli, as it diminished the authority of the crown, was willingly embraced, and was afterwards continued by the commons, with re- gard to every branch of revenue which tliey granted to the king. Tlie invasion of the Scots liad evidently been the cause of assembling the parhamcnt : the pre- sence of their army reduced the king to that total sub- jection in which he was now held : the commons, for this reason, openly professed their intention of retain- ing these invaders, till all their own enemies should be suppressed, and all their purposes effected. " We cannot yet spare the Scots," said Strode, plainly, in the house; " tho suns of Zeruiah are still too strong for us :" an allusion to a passage of Scripture, according to tho mode of that ago. Eighty thousand pounds a month were requisite for the subsistence of the two armies ; a sura much greater than the subject had ever been accustomed, in any former period, to jiay to the public. And though several subsidies, together with a poll-tax, were from time to time voted to answer the charge ; the commons still took care to be in debt, in Older to render tho coutiuuaaee of the session the more necessary. The Scots being sucli useful allies to the malcontent party in England, no wonder they were courted witli the most unlimited complaisance and the most im- purtant services. The king having, in his first speech, called tliem rebels, observed th.at he had given great ort'ence to the parliament ; and he was immediately obliged to soften, and even retract the expression. Tlie Scottish commissioners, of whom the most consi- derable were the earl of Rothes and lord Loudon, found every advantage in conducting their treaty; yet made no haste in bringing it to an issue. Tliey were lodged in the city, and kept an intimate corre- spondence, as well with tho magistrates, who were ex- tremely disaftected, as with the popular leaders in liuth liouscs. St. Antholine's church was assigned llicm for their devotions; and their chaplains, here, began openly to practise the presbyterian form of wor- ship, wiiicli, except iu foreign languages, had never liitlierto been allowed any indulgence or toleration. So violent was the general propensity towards this new religion, that multitudes of all ranks crowded to the church. Those, who were so h.appy as to find Access early in the morning, kept their places the whole day : those, who were excluded, clung to the doors or windows, in hopes of catching, at least, some distant murmur or broken jilirases of tho holy rhe- toric. All the eloquence of parliament, now well re- fined from pedantiT, animated with the spirit of liberty, and employed in the most important interests, was not attended to with such insatiable avidity, as were these lectures, delivered with ridiculous caut, and a provin- cial accent, full of barbarism and ignorance. The most efifectual expedient for paying court to the zealous Scots was to promote the presbyterian disci- pline .and woi-ship throughout England, and to this in- • ItapTicarr that & lubsidy wfts now fallen to ro.O^'O pounds. novation the popular leaders among the commons, aa well as their more devoted partisans, were, of them- selves, sufticiently inclined. The puritanical party, whose progress, though secret, had hitherto been gra- dual in the kingdom, taking advantage of the present disorders, began openly to profess their tenets, and to make furious attacks on the established religion. The prevalence of that sect in the parliament discovered itself, from the beginning, by insensible but deci- sive symptoms. Marshall and Burgess, two puri- tanical clergymen, were chosen to preach before them, aiul entertained them with discourses seven hours in length. It being the custom of the house always to take the sacrament before they enter upon business, they ordered, as a necessary preliminary, that the com- munion table should be removed from the east end of St. Margaret's into the middle of the area. The name of the spiritual lords was commonly left out in acts of parliaments; and tho laws r.in in tlie name of king, lords, and commons. The clerk of the upper house, in reading bills, turned his back on the bench of bi- shops ; nor was his insolence ever taken notice of. On a day appointed for a solemn fast and humiliatiiui, all the orders of temporal peers, contrary to former prac- tice, in going to church, took place of the spiritual; and lord Spencer rem.irked, that the humiliation that day seemed confined alone to the prelates. THE BISHOPS ATTACKED. Every meeting of the commons produced some ve- hemeiit harangue against the usurpations of the bi- shops, against the high-commission, against the late convocation, against the new canons. So disgusted were all lovers of civil liberty at the doctrines pro- moted by the clergy, that these invectives wi;re re- ceived without control; and no distinction, at first, appeared between such as desired only to repress the exorbitances of the hierarchy, and such as pretended totally to annihilate episcopal jurisdiction. Encouraged hy these favourable appearances, petitions against the church were framed in difterent parts of the kingdom. The ei>itliet of " the ignorant and vicious iiriestliood" was commonly applied to all churchmen, addicted to the established discipline and worship ; though the epis- copal clergy in England, during that age, scum to have been, as they are at [jresent, sufiiciently learned and exemplary. An address against episcopacy was pre- sented by twelve clergymen to the committee of re- ligion, and pretended to be signed by many liundroda of the puritanical persuasion. But what made most noise was, the city petition for a total alteration of church government ; a petition to which fifteen thou- sand subscrii]tions were annexed, and which was pre- sented by alderman Pennington, the city member, It is remarkable that, among the many ecclesias- tical abuses there complained of, an allowance, given by the licensers of books, to publish a translation of Ovid's Art of Love, is not forgotten by these rustic censors. Notwithstanding the favourable disposition of the people, the Icadere in the house resolved to proceed with caution. They introduced a bill for prohibiting all clergymen the exercise of any civil office. As a consequence, the bishops were to be deprived of their seats in the house of peers ; a measure not unaccept- able to the zealous friends of liberty, who observed with regret the devoted attachment of that order to tho will of tho monarch. But w hen this bill w.as pre- sented to the peers, it was n^jected by a great majority: the first cheek which tlie commons had received in tlieir popular career, and a prognostic of what they miglit afterwards expect from the upper house, wlios? iuclinations and interests could never be totally separated from the throne. But, to show how little they were discouraged, the puritans immediate y brought in another bill for the total abolition of epis- copacy ; though they thou{;ht proper to let tliat bill (>40 THE HISTORY OF ENGLAND. [Chap. LIV sloop nt present, in expectation of a more favourable opportunity of reviving it. Among other arts of reg.il executive power, which the commons was every day assuming, they issued crdei-s for demolishing all images, altars, crucifixes. The zealous sir IJobert Uadey, to whom the execution of these orders was committed, removed all crosses even out of streets and markets ; and from liis abhor- rence of that superstitious figure, would not .anywhere allow one piece of wood or stone to lie over .luotlier at right angles. The bishop of Ely and other clergymen were attacked on account of innovations. Cozens, who had long been obnoxious, was exposed to new censures. This clergy- man, who was dean of Peterborough, w.as extremely Ecalous for ecclesiastical ceremonies : and so far from permitting the communicants to break the s.acr.amental bread with their fingers, a privilege on which the puri- t.ans strenuously insisted, he would not so much .as allow it to be cut with an ordinary household instru- ment. A consecrated knife must perform that sacred office, and must never aferwards be profaned by any vulgar service. Cozens likewise w.as accused of luaving said, "The king has no more authority in ecclesiastical matters, than the boy who rubs my horse's heels." The expres- sion was violent ; hut it is certain, that all those high churchmen, who were so industrious in reducing the laity to submission, were extremely fond of their own privileges and independency, and were desirous of exempting the mitre from all subjection to the crown. A committee w.ns elected by the lower ho\ise, as a court of inquisition upon the clergy, .and was commonly denominated the committee of scandalous vtinistei-s. The politicians among the commons were apprized of the great importance of the pulpit for guiding the peo- ple; the bigots were enraged against the prclatic.al clergy ; and both of them knew that no established government could be overthrown by strictly observing the principles of justice, equity, or clemency. The pro- ceedings, therefore, of this famous committee, which continued for several years, wei-e cruel and arbitrary, and made great havoc both on the church and the uni- versities. They began with har.assing, imprisoning, and molesting the clergy ; and ended with sequestrat- ing and ejecting them. In order to join contumely to cruelty, they gave the sufferers the epithet of scandal- ous, and endeavoured to render them as odious as they were miser.ahle. The greatest vices, however, which they could reproach to a great part of them, were, bow- ing at the name of Jesus, placing the communion table in the east, reading the king's orders for sports on Sunday, and other practices, which the est.ablished government, both in church and state, had strictly en- joined them. It may be worth observing, that .all histon.ans, who lived near that age, or, what perhaps is more decisive, all authors who have casually made mention of those public transactions, still represent the civil disorders and convulsions .as proceeding from religious contro- versy, and consider the political disputes about power and liberty, .as entirely subordinate to the other. It is true, had the king been able to support government, and at the same time to abstain from all invasion of n.a- tional privileges, it seems not probable that the puri- tans ever could have acquired such authority as to over- turn the whole constitution : yet so entire was the sub- jection into which Charles was now fallen, that, had not the wound been poisoned by the infusion of theological hatred, it must have admitted of an easy remedy. Dis- use of parliaments, imprisonments and prosecution of members, ship-money, an arbitrary administration; these were loudly comjilained of: but the grievances which tended chiefly to infl.ame the parliament and n.a- tion, especially the latter, were the surplice, the rails placed about the altar, the bows exacted on approach- ing it, the liturgy, the breach of the sabbath, embroi- dtrod copes, lawn sleeves, the use of the ring ia mar- riage, and of the cross in baptism. On accoun oE these, were the popular leaders content to throw the government into such violent convulsions; and, to the disgrace of that age, and of this island, it must be ac- knowledged, that the disorders in Scotland entirely, and those in England mostly, proceeded from so mean and contemptible an origin.* Some persons, partial to the patriots of this age, have ventured to put them in balauce with the most illus- trious characters of antiquity; and mentioned the names of Tym, Ilambden, Vane, as a just parallel to those of Cato, Brutus, Cassius. Profound capacity, indeed, undaunted courage, extensive enterprise ; in these particulars perhaps the Rom.ans do not n\uch sur- pass the English worthies : but what a ditference, when the discourse, conduct, conversation, and private as well as public behaviour, of both are inspected ! Compare only one circumstance, and consider its consequences. The leisure of those noble ancients was totally em- ployed in the study of Grecian eloquence and philoso- phy ; in the cultivation of polite letters and civilized society: the whole discourse and language of the mo- derns were polluted with mysterious jargon, and full of the lowest and most vulgar hypocrisy. The laws, as they stood at pi osent, protected the church, but they exposed the catholics to the utmost rage of the puritans; and these unh.appy religionists, so obnoxious to the prevailing sect, could not hope to remain long unmolested. The voluntary contribution which they had made, in order to .assist the king in his war against the Scottish covenanters, was inquired into, and represented as the greatest enormity. By an ad- dress from the commons, all officers of that religion were removed from the army, and apjdicalion was made to the king for seizing two-thirds of the lands of recusants ; a proportion to which, by law, he was en- titled, but which he had alw.ays allowed them to pos- sess upon easy compositions. The execution of the severe and bloody laws aglained : a oirtan proof thai the ratesof customs, settled liy thai print-e, were, n mobt instances, just, and ptiif^rti ined to tlic new pric-- of coinmoditics. They seem TAther to have been low, Si;e Jotirn. luth August, IfC" Vol. t. terms, to assert their own right of bestowing this gift, and to divest the crown of all independent title of as- suming it. And that they might increase, or ratlior finally tix, tlie entire dependence and subjection of the king, tliey voted these duties only for two months, and afterwards, from time to time, renewed their grants for very short periods.* Chailes, in order to show that he entertained no intention ever again to separate himscU from his parliament, passed this important bill without any scruple or hesitation. TRIENNIAL BILL. With regard to the bill for triennial parliaments, he made a little difhculty. By an old statute, jiassed dur- iug the reign of Edward III., it had been enacted, that parliaments should le held once every year, or more frequently, if necessary : but as no provision had been made in case of failure, and no precise method pointed out for execution, this statute had been considered merely as a general declaration, and w.as dispensed with at pleasure. The delect was supjilied by those vigilant patriots who now assumed the reins of "o- vernment. It was en.acted, that if the chancellor, who was first bound under severe penalties, failed to issue wiitsby the third of September in every third year, any twelve or more of the peers should be empowered to exert this authority : in default of the peers, that tiie sheriffs, ni.iyors, bailiffs, &c., should summon tho voters : and in their default, that tlie voters themselves should meet and proceed to the election of members, in the same manner as if writs had been regul.arly issued from the crown. Nor could the parliament, alter it was .assembled, be adjourned, prorogued, or dissolved, without their own consent, during the space of fifty d.ays. By this bill, some of the noblest and most valuable prerogatives of the crown were re- trenched ; but at the same time nothing could be more necessary than such a statute, for corapletino- a regular plan of law and liberty. A great reluctance to assemble parliaments must be expected in the king; wliere these assemblies, as of late, establish it as a maxim to carry thtir scrutiny into every part of go- vernment. During long intermissions of parliament, grievances and abuses, as was found by recent experi- ence, would naturally creep in ; and it would even be- come necessary fur the king and council to exert a great discretionary authority, and by acts of state 10 i supply, in every emergence, the legislative power, whose meeting was so uncertaiii and precarious. Charles, finding that nothing less would satisl'y his parliament and people, at last gave his assent to this bill, which jiroduced so great an innovation in the con- stitution. Solemn thanks were presented him by both houses. Great rejoicings were expressed both in the city and throughout the nation. And mighty professions were everywhere made of gratitude and mutual re- turns of supply and confidence. This concession of the king, it must be owned, was not entirely voluntary : it was of a nature too important to be voluntary. The sole inference which his partisans were entitled to draw fiom the submissions so fr.ankly made to jiresent ne- cessity, was, that he had certainly adopted a new plan of government, and fur the future was resolved, by every indulgence, to acquire the confidence and afi'celious of his people. Charles thought, that what concessions were made to the public were of little consequence, if no gratifica- tions were bestowed on imlividuals who had acquired the directions of public counsels and determinations, A change of ministers, as well as of measures, was therefore resolved on. In one day .'everal new privy- counsellors were sworn: the earls of Hertford, Bed- ford, Essex, Bristol; the lords Say, Saville, Kimboltou: • It v.'as an Instruction pii-cn by the house to the committee tt hich ii&m«A oncni these l.ills. lo take c.tre that the r.i esupon exponation may le asliKtt AC possible; and upon imporlatiiin, as heavy a* tra.lc «iu ifir: a iToof tlifit the nature of commerce hcijan ik;\v to he urt'criu^ti. Jnain. i June, IGU, 4 N TIIK HISTORY OF ENGLAND. 642 witbiu a few days after, w.is ailmittfJ tlio onil cf Warwick. All tlieso iiolik-ineii wcie of llie puiinlar party ; and some of tiR'i.i iifterwards, when matters were puslied to exticinities by tlio commons, proved the greatest support (if inoiiarcliy. ' . , , Jiixoii, bi.-hop of Loiulon, ivho bad never desired the treasurer's staiV, now earnestly solieited for leave to resign it, and retire to the care of that turbulent dio- cesc'committed to him. The king gave bis consent ; and it is remarkable, that during; all the severe inqui- ries carried on against the conduct of ministers and prelates, the mild and prudent virtues of this man, who bore both these invidious characters, remained un- molested. It was intended that Bedford, a popular man of great authority, as well as wisdom and mode- ration, should succeed Jiixoii ; but that nobleman, un- fortunately both for king and pcoiile, died about this very time" liy some promotions, place was made for St. John, who was created solicitor-general. Ilollis was to be made secretary of state, in the room of Windebaiik, who had fled : Pym, chancellor of the ex- chequer, in the room of lord Cottington, who liad re- Bi^ncd: lord Say, master of the wards, in the room of the same nobleman: the earl of Essex, governor; and Hambden, tutor to the prince. AVhat retarded the execution of these projected changes was, the difficulty of satisfying all those who, from their activity and authority in parliament, hail pretensions for offices, and who still liad it in their power to enibaiTass and distress the public measures. Their associates too in poi>ularity, whom the king in- tended to distinguish, by his favour, were unwilling to undergo the reproach of having driven a separate bar- gain, and of sacrificing to their own ambitious views the cause of the nation. And as they were sensible that they must owe their preferment entirely to their weight and consideration in parliament, they were most of them resolved still to adhere to that assembly, and both to promote its authority, and to preserve their own credit in it. On all occasions, they had no other advice to give tlie king, than to allow himself to be directed by his great council ; or in other words, to resign himself passively to their guidance and govern- ment. And Charles found, that, instead of acquiring friends by the honours and offices which he .should be- stow, he should only arm his enemies with more power to hurt him. The end on which tlie king was most intent in chang- ing ministers was, to save the life of the earl of Straf- ford, and to mollify, by these indulgences, the rage of his most furious prosecutors. Eut so high was that nobleman's reputation for experience and capacity, that all the new counsellors and intended ministers plainly saw, that if he escaped their vengeance, he must re- turn into favour and authority ; and they regarded his death as the only security which they could have, both for the establishment of their present power, and for success in their future enterprises. His impeachinent, therefore, was pushed on with the utmost vigour ; and after long and solemn preparations was brought to a final issue. ^ STR.\FFOKD'S TRIAL. Immediately after Strafford was sequestered from parliament, and confined in the Towei-, a committee of thirteen was chosen by the lower house, and intrusted with the office of jireparing a charge against him. These, joined to a small committee of lords, were vested with authority to e.ianiine all witnesses, to call for eveiy paper, .ind to useanymeans of scrutiny, with regard to any part of the earl's behaviour and co'nduct. After so general and unbounded an inquisition, exer- cised by such powerful and implacable enemies, a man must have been very cautious or very innocent, not to afford, during the_ whole course of his life, some nuatter of accusation against him. This conimittes by direction freni both houses, took [Chap. LIV. an oath of secrecy ; a practice very unusual, and whicli gave them the appearance of conspirators, moro tlian ministers of justice. But the intention of tfiia strictness was, to render it more difficult for tlie carl t3 elude their search, or prejiare for his justification. Ajiplication was made to tlio king, that he would allow this committee to examine privy-counscllors v.th regard to opinions delivered at the board : a eonccss'on which Charles unwarily made, and which thenceforth banished all mutual confidence from the deliberations of council; where every man is sujqiosed to have entire freedom, without fear of future puiiishnient or inquiry, of proposing any expedient, questioning any opinion, or supjiorting any argument. Sir George Ratclitie, the carl's intimate friend and confidant, was accused of lugh-tro;uon, sent for from Ireland, and committed to close custody. As no charge ever apjieared or was prosecuted against him, it is impossible to give a more charitable interpreta- tion to this measure, than that the commons thereby intended to deprive Strafford, in his present distress, of the assistance of his best friend, who was most enabled, by his testimony, to justify the innocence of bis patron's conduct and beliaviour. When intelligence arrived in Ireland of the plans laid for Strafford's ruin, the Irish liou.se of commons, though they had very lately bestowed ample praises oil his administration, entered into all the violent councils against him, and prepared a representation of the miserable state into which, by his misconduct, they su])posed the kingdom to be fallen. They sent over a committee to London, to assist in the ]iroseeiition of their unfortunate governor ; and by intimations from tills committee, who entered into close confederacy with the popular leaders in England, w-as every mea- sure of the Irish parliament governed and directed. Imjieachments, wliich were never prosecuted, were carried up against sir Richard Bolton, the chancellor, sir Gen-ard Louthcr, cliief-justice, and Branihall, bishop of Deny. This step, which was an e.\act coun- terpart to the proceedings in I'nglaud, served also the same purposes : it deprived the king of the ministers whom he most trusted ; it discouraged and terrified all the oth.er ministers; and it prevented those jiersons who were bc^t acquainted with Strafford's counsels from giving evidence in his favour before the English parliament. IC41. The bishops, being foibidden by the ancient canons to assist in trials for life, and being unwilling, by any opposition, to irritate the commons, wlio were already much prejudiced against them, thought jiro- per of themselves to withdraw. The commons also voted, that the new created peers ought to liavf no voice in this trial ; because the accusation being agreed to while they were commoners, their consent to it was implied with that of all the commons of England. Notwithstanding this decisieii, which was meant only to deprive Strafford of so many ft-rends, lord Seymour, and some others, still continued to keep their seat ; nor was their right to it any further questioned. To bestow the greater .solemnity on this important trial, scaffolds were erected in Westminster-hall ; where both houses sat, the one as accusers, the other as judges. Besides the chair of state, a close gallery was prepared for the king and queen, who attended during the whole tiial. An accusation carried on by the united effort of threekingdoms against one man, uni>roteeted by jiower, unassisted by counsel, discountenanced by authority, was likely to prove a very unequal contest : yet such were the capacity, genius, presence of mind, displayed by this magnanimous statesman, that, while aigument and reason and law had any place, he ohiained an un- disputed victory. And he perished at last, over- whelmed and still unsubdued, by the ojicn violenca of bis fierce and unrelenting antagonists. The articles of impeachment au'a'nst Strafford avc twenty-eight in number; and regard his conduct as Chap. LI V.J CHAtlLES i. lo:io— 1649 64-3 president of tlie council of York, as ilej)ut_vor licutc- iiaiit of Ireland, and as counsellor or comniandor in Kngland. IJiit tlioUf;li four mouths were employed lij- the managers in iraniiug the accusation, and all Straf- ford's answers were extemporary: it appears from comparison, not only tliat lie was fiee from the crime of treason, of which there is not the least appearance, but that his conduct, maUinf; allowance for human in- firmities, exposed to such severe scrutiny, was ii:no- cent, and even laudahle. Tiie powers of the northern council, w hile he was president, had been extended hy the king's instruc- tions 'oeyond what formerly had lieen practised : but that court being at first instituted by a stretch of royal prerogative, it had been usual for the prince to vary his instructions ; and tlie largest authority committed to it was altogether as legal as the most moderate and most limited. Nor was it reasonable to conclude, that Straft'ord had used any art to procure those extensive powers ; since he never once sat as president, or exer- cised one act of jurisdiction, after he was invested witli the authority so much conijilained of. In the government of Ireland, his administration h.id been enually promotive of his master's interests, and that of the subjects committed to his care. A large debt he had paid oft": he had left a considerable sum in the exchequer: tlie revenue, which never before an- swered the charges of government, was now raised to be eiinal to them. A small standing army, formerly kept in no order, was augmented, and was governed by exact disci]iline; and a great force was there raised and ])aid, for the support of the king's authority against the Scottisli cover.anters. Industry and all the arts of peace were introduced among that rude jicople: the shi).ping of the kingdom REVExoE." This casual, and seemingly innocent, at least amlMguous exjiression, was reported to Stratt'crd, who, on pretence that sucli a suggestion might prompt Annesley to avenge himself in another manner, ordered Slountnorris, who was an officer, to be tried by a court-martial for mutiny and sedition against his gene- ral. The court, which consisted of the chief ofticers of the army, found the criuie to be capital, and con- demned that nobleman to lose his head. In vain did Strafford plead, in his own defence, against this article of impeachment, that the sentenoc of Slountnorris was the deed, and that too, unanimous, of the court, not the act of tlie dejuity ; that he spake not to a member of the court, nor voted in the cause, hut sat uncovered as a party, and then immediately withdrew, to leave them to their freedom; that, sen- sible of the iniquity of tlie sentence, he procured hig majesty's free pardon to Slountnorris; and that he did not even keep that nobleman a moment in suspense with regard to his fate, but instantly told him, that ho himself would sooner lose his right hand than execute such a sentence, nor was his lordship's life in any danger. In vain did Strafford's friends add, as a fur- ther apology, that Mountnorris was a man of an infa- mous character, who paid court, by the lowest adula- tion, to all deputies, while present ; and blackened their character, hy the vilest calumnies, when recalled ; and that Straft'ord, expecting like treatment, had used this expedient for no other purpose than to subdue the petulant spirit of the man. These excuses alleviate the guilt ; but there still remains enough to iirove, I that the mind of the deputy, though great and firm, t had been not a little debauched hy the riot of absolute power and uncontrolled authority. When Straft'ord was called over to England, he found augmented a hundred fold : the customs tripleil upon ! everything falling into sucli confusion, by the open re- the same rates : the exports double in value to the im- \ bellion of the Scots, and the secret discontents of the ports : manufactures, particularlv that of linen, intro duced and ]iromoted: agriculture, by means of the English and Scottish plantations, gradually advancing: the protestant religion encouraged, w itiiout the jierse- cution or discontent of the catholics. The springs of autlmrity he had enforced without overstraining them. Discretion.iry acts of jurisdiction, indeed, he had often exerted, by holding courts-mar- tial, billeting soldiers, deciding causes upon paper pe- titions before tlie council, issuing proclamations and l>unisliing their infraction. But discretionary authority, during that age, was usually e.\.ercised even in Eng- land. In Ireland, it was still more recjuisite, among a rude people, not yet thoroughly subdued, averse to the religion and manners of their conquerors, ready on all occasions to relajise into rebellion and disorder. While tile managers of the commons demanded, every mo- ment, that the deputy's conduct sliould be examined b^- the line of rigid law and severe principles, he ap- pealed still to tlie juactice of all fomier deputies, and to the uncontrollable necessity of his sitiuation. So great was his art of managing elections and balanc- ing parlies, tliat he had engjiged the Irish parliament to vote whatever was necessary, both for the p.iyment of former debts, and for sujiport of the new-levied army ; nor had he ever been reduced to the illegal ex- pedients practised in England, for the supply of public necessities. No imputation of rapacity could justly lie against liis administration. Some iutances of im- perious e.xipressioiis, and even actions, may be met with. The case of lord Xountnorris, of all those wliicli were collected with so much industry, is the most Ha- gi'ant and least excusable. It had been reported at the table of lord-chancellor Loftus, that Annesley, one of the deputy's attendants, in moving a stool, had strely hurt liis master's foot, who was at that time afilictid with the gout. "Per- haps," said Mountnorris, who was present at table, " it was done in revenge of that public aftVont, which my lord-deputy formerly put upon him : hut he h^s A BROIKER, WHO IVOULD KOT HAVE TAKEN StCH A , English, that, if he had counselled or executed any violent measure, he might perhaps have been able to a]iologize for his conduct, from the great law of neces- sity, which admits not, while the ncccssiiy is extreme, of any scruple, cereinouy, or delay. But in fact, no illegal advice or action was proved against him; and the whole amount of his guilt, during this period, was some peevish, or almost imperious, expressions, which, amidst such desperate extremities, and during a bad state of health, had uiiha)ipily fallen from him. If Straft'ord's apology was, in the main, so satisfac- tory when lie pleaded to e.ach particular article of the charge, his victory was still more decisive when he brought the whole together, and repelled the imputa- tion of treason; the crime which the commons would infer from the full view of his conduct and behaviour. Of all species of guilt, the law of England had, with the most scrupulous exactness, defined tliat of treason ; because on that side it was found most necessaiy to jirotect the subject against the violence o the king and of liis ministers. In the famous statute of Edward III. all the kinds of treason are enumerated, and every other crime besides such as are there expressly men- tioned, is carefully excluded from that appellation. But with regard to this guilt, A n endeavour lo subcerl the fun- (/aw>f«/n/ /aifs, the statute of treasons is totally silent: and :irbitrarily to introduce it into the fatal catalogue, is itself a subversion of all law; and, under colour of defending liberty, reverses a statute the best calculated for the security of liberty that had ever been enacted liy an English parliament. As tliis species of treason, discovered by the com- mons, is entirely new and imknown to the laws, so is the sjiecies of proof by which they jiretend to fix that guilt upon the prisoner. They have invented a kind of aceitmulative or cons/ritctive evidence, by which many actions, either totally innocent in themselves, or crimi- nal in a much infeiior degree, shall, when united, amount to treason, and subject the person to the highest penaltii's inflicted by tin- law. A hasty and unguarded word, a rasli and passionate action, assisted 644 THE HISTORY OF ENGLAND. [Chap. LIV \>y the malevolent f.uu y of the accuser, and tortured by doubtful coustructi.ons, is transmuted into tlie deep- est "uilt ; and the lives and fortunes of the whole na- tiont no longer protected by justice, are subjected to Hibitrarv will and pleasure. " Where has this species of guilt lain so long con- cealed!" said Strafford, in eunclusion; "where lias this fire been so long buried, during so many centuries, that no smoke should appear till it burst out at once, to consume me and my children! Better it were to live undir no law at all, and, by the mxxims of cautious prudence, to conform ourselves, the best we can, to the arbit rary will of a master ; than fancy we have a law ou which we can rely, and find at last, that this law shall inflict a ])unishmcnt precedent to the promulgation, and try us by maxims unheard of till the very moment of the [irosecution. If I sail on the Thames, and split my vessel on an anchor; in case there be no buoy to give warning, the party shall pay me damages ; but if the anchor be marked out, then is the striking on it at my own peril. Where is the mark set upon this crime ? "Wiiere the token by which I should discover it ! It has lain concealed, under water ; and no human prudence, no human innocence, could save me from the destrm-tiou with which I am at present threatened. "It is now full two hundred and forty years since treasons were defined ; and so long has it been since any man was touched to this extent, upon this crime, be- fore myself. "\Ve have lived, my lords, happily to our- selves 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 these killing and destruc- tive arts. Great wisdom it will be in your lordships, and just ])rovidence for yourselves, for your poste- rities, for the whole kingdom, to cast from you, into the fire, these bloody and mysterious volumes of arbitrary and constructive treasons, as the primitive Christians did their books of curious arts, and betake yourselves to the plain letter of the statute, 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 destrriction, awake these sleeping lions, by rattling up a company of old records, which have lain for so many ages, by the wall, forgot- ten and neglected. To all my afliiictions, add not this, my lords, the most severe of any, that I, for my other sins, not for my treasons, be the means of introducing a precedent so pernicious to the laws and liberties of my native country. "However, these gentlemen at the bar say they Bpeak for the commonwealth; and they believe so: yet, under favour, it is I who, in this particular, speak for the commonwealth. Precedents, like those which are endeavoured to be established against me, must draw along such inconvenience and miseries, that, in a few years, tlie lungdom will be in the condi- tion expressed in a statute of Henry IV. ; and no man shall know by what rule togovern his words and actions. " Impose not, my lords, difficulties insurmountable upon ministers of state, nor disable them from serving with cheerfulness their king and country. If you ex- amine them, and under such severe penalties, by every grain, by every little weight, the scrutiny will be in- tolerable. The i-Hiblie afiairs of the kingdom must be left waste ; and no wise man, who has any honour or fortune to lose, will ever engage himself in such dread- ful, such unknown perils. " My lords, I have now troubled your lordsliips a great deal longer than I should have done. . "Were it not for the interests of these idedges, which a saint in heaven left me, I should bo loath "—Here he pointed to his chddren, and his weeping stepped him— "What I forfeit for my.";. If it is notliing: Init, I confess, that my indiscretion should forfeit for tliem, it wounds nie very deeply. You will be pleased to pardon my infirmity : something 1 should have said ; but I see I'shall not be nblo, and therefore I shall leave it. "And now, my lords, I thank God, 1 have been, by his blessing, sufficiently instructed in the extreme vanity of all temporary enjoyments, compared to the importance of our eternal duration. And so, my lords, even so, with all humility, and with all tranquillity of mind, I submit, clearly and freely, to your judymeuts : and whether that righteous doom shall be to life or death, I shall repose myself, full of gratitude and con- fidence, in the arms of the great Author of my exist- ence." "Certainly ," says Whitlocke," with his usual candour, " never any man acted such a part, on such a theatre, with more wisdom, constancy, and eloquence, with greater reason, judgment, and temper, and with a better grace in all his words and actions, tliau did this great and excellent person ; and he moved the hearts of all his auditors, some few excepted, to remorse and pity." It is remarkable, that the historian, who expresses him- self in those terms, was himself chairman of that com- mittee which conducted the impeachment against this unfortunate statesman. The accusation and defence lasted eighteen days. The managers divided the several articles among them, and attacked the prisoner with all the weight of authority, with all the vehemence of rhetoric, with all the accuracy of long preparation. Struflbrd was obliged to speak with deference and re- serve towards his most inveterate enemies, the com- mons, the Scottish nation, and the Irish parliament. He took only a very short time on each article, to re- collect himself: yet he alone, without assistance, rai.'iing modesty and humility with firmness and vigour, made such a defence, that the comraous saw it impossible, by a legal prosecution, ever to obtain a sentence against him. But the death of Strafford was too important a stroke of party to be left unattempted by any expedient, how- ever extraordinary. Besides the great genius and au- thority of tluit minister, he had threatened some of the popular leaders with an impeachment ; and had he not himself been suddenly prevented by the impearhineut of the commons, he had, that very day, it was thought, charged Pyni, Ilambdeu, and others, with treason, for having invited the Scots to ir.vade England. A bill of attainder was therefore brought into the lower house immediately after finishing these pleadings ; and preparatory to it, a new proof of the earl's guilt was produced, in order to remove such scruples as might be entertained with regard to a method of proceeding so unusual and irregular. Sir Henry Vane, secretary, had taken some notes of a debate in council, after the dissolution of the last par- liament, and being at a distance, he had sent the keys of his cabinet, as was pretended, to his son, sir Henry, in Older to search for some papers, which were neces- sary for coinjdeting a marriage-settlement. Young Vane, falling upon tliis paper of notes, deemed the matter of the xitmost importance; and immediately communicated it to Pym, who now produced the paper before the house of commons. Tlie question be- fore the council was — offensive or defensive war with the Scots. The king proposes this diflicnlty, "But how can I undertake offensive war, if I have no more money?" The answer ascribed to Stiaflxird was in tliese words : "Borrow of the city a hundicd thousand pounds: go on vigorously to levy ship-money. Your majesty having tried the affections of your people, you are absolved and loose from all rules of government, and may do what power will admit. Your majesty, having tried all ways, shall be acquitted before God and man. And you have an army in Ireland, which you may emjdoy to reduce this kingdom to obedience: for I am confident the Scots cannot hold out five months." Tliere followed some counsels of Laud and Cottington, equally violent, with regard to the king's being absolved from all rules of government. This paper, with all the circumstances of its dis- covci'y and comnmnication, was pretended to be eqiii . • j'asc 11. / % V CuKC. LiV.] CHARLES I. 1626—1649 645 vnlent tn two witness??, and to bo an unanswerable proof of those pernicious counsels of Strafford, wliicli tended to the subversion of the laws and constitution. It was replied by Strafford and his friends, Tiiat old Vane was his most inveterate and declared enemy ; and if the secretary himself, as was by far most pro- bable, had willingly delivered to his son this paper of notes, to be communicated to Pyni, this implied such a breach of oaths and of trust as rendered him totally unworthy of all credit : tliat the secretary's deposition was at first exceedingly dubious: xipon two examina- tions, he could not remember any such words ; even the third time, his testimony was not positive, but im- ported only tliat Sti-aftbrd had spoken such or such like words : and words may be very like in sound, and differ much in sense ; nor ought the lives of men to de- pend upon grammatical criticisms of any expressions, much less of those which had been delivered by the Bpeaker without premeditation, and commilted by the hearer for any time, however short, to tlie uncertain record of memory. Tliat, in the present case, changing This kingdom into Thiit kingdom, a very slight altera- tion, the earl's discourse could regard nothing but Scotland, and implies no advice unworthy of an English counsellor. That even retaining the expression, This kingdom, the words may fairly bo understood of Scot- land, which alone was the kingdom tliat the debate re- garded, and which alone hul thrown off allegiance, and could be reduced to obedience. That it could be proved, as well by the evidence of all the king's minis- ters, as by the known disposition of the forces, that the intention never was to land the Irish army into Eng- land, but in Scotland. Tliat of six other counsellors present. Laud and Windebauk could give no evidence; Northumberland, Hamilton, C'uttington, and Jiixon could recollect no such expression ; and the advice was too rem.arkable to be easily forgotten. Tliat it was no- wise probable such a desperate counsel would be 0])enly delivered at the board, and before Northumber- land, a person of that high rank, and whose attach- ments to the court were so much weaker than his connexions with the country, 'i hat though Northum- berland, and he alone, h.ad recollected some such ex- pression as that, Of being absolved from rules of go- vernmenl, yet in such desperate extremities as those into which the king and kingdom weie tlien fallen, a maxim of that nature, allowing it to bo delivered by Strafford, may be defended upon principles the most favourable to law and liberty. And that nothing could be more iniriuitous, than to extract an accusation of treason from an opinion simply proposed at the council- table, where all freedom of debate ought to be permit- ted, and where it was not unusual fur the members, in order to draw forth the sentiment of others, to propose counsels very remote from their own secret advice and judgment. BILL OF ATTAINDER. Tlie evidence of secretary Vane, though exposed to ?uch u'lsHi-nionntable objections, was the real cause of Strafford's unhappy fate ; and made the bill of attainder pass the commons with no greater opposition than that of fifty-nine dissenting votes. But there remained two other branches of the legislature, the king and the lords, whose assent was rcfiuisite; and these, if left to their free judgment, it was easily foreseen, would reject the bill without scruple or deliberation. To overcome this difficulty, the popular leaders employed expedients, for wdiich they were beholden partly to their own in- dustrj', partly to the indiscretion of their adversaries. Next Sunday after the bill passed the commons, the puritanical pulpits resounded with declamations con- cerning the necessity of executing justice upon great delinquents. The populace took the alarm. About six thousand men, armed with swords and cudgels, flocked from the city, and surrounded the houses of parliament. The names of the fifty-nine commoaers wlio had voted against the bill of attainder were post3osition, the a-stonishcd English, living in profound peace and full security, were massacred by their nearest neighliours, with whom they had long upheld a continual inter- course of kindness and good offices. But death was the slightest punishment infliclod by those rociels: oil the tortures which wanton cruelty could devise, all the lingering pains of body, tlio an- guish of mind, the agonies of despair, could not s.atiate revenge excited without injury, and cruelty derived from no cause. To enter into particulars would shock the least delicate humanity. Such enormities, though attested by undoubted evidence, appear almost incre- dible. Dejir.aved nature, even perverted religion, en- coiir.aged by the utmost licence, reach not to such a pitch of ferocity; unless the pity inherent in human breasts be destroyed by that contagion of example, which transpoi'ts men beyond all the usual motives of conduct and behaviour. The weaker sex themselves, naturally tender to their own sufl^erings, and compassionate to those of others, here emulated their more robust companions in the practice of every cruelty. Even children, taught by the example, and encouraged by the ex- hortation of their parents, essayed their feeble blow.s on the dead carcasses or defenceless children of tho English. The very avarice of the Irish was not u sufficient restraint of their cruelty. Such was their frenzy, that the cattle which they had seized, and by ra|iine made their own, yet, because they bore the name of English, were wantonly slaughtered, or, when covered with wounds, turned loose into the woods and desei'ts. The stately htiiidings or commodious habitations of the planters, as if upbraiding the sloth ami ignorance of the natives, were consuTned with fire, or laid level with the ground. And where the miserable owners, shnt np in their houses, and preparing for defence, perished in tlie flames, together with their wives and childien, a double triumph was aft'orded to their in- sulting foes. If anywhere a number assembled together, and, as- suming courage from dcs])air, weie resolved to sweeten death by revenge on their assassins, they «eie dis- armed by capitulations and promises of safety, con- firmed by the most solemn oaths. Bnt no sooner had they surrendered, than the rebels, with perfidy equal to their cruelty, made them share the fate of their un- happy countrymen. t)thers, more ingenious still in their barbarity, tempted their prisoners by the fond love of life, to enibruc their hands in the blood of friends, brothers, parents ; and having thus rendered them accomplices in guilt, gave them that death, which they sought to shun by deserving it. Amidst all these enormities, the sacred name of Re- ligion resounded on every side; not to stop the hands of these murderers, but to enforce their blows, and to steel their hearts against every movement of human or social sympathy. The English, as heretics, ab- horred of God, and detestable to all holy men, were marked out by the priests for slaughter; and, of all actions, to rid the world of these declared enemies to catholic faith and piety, was re]iiesented as the most meritorious. Nature, which, in that rude people, was sufficiently inclined to atrocious deeds, was further stimulated by jirecept ; and national juejiidices em- poisoned by those .aversions, more deadly and incur- able, which arose from an enraged .superstition. While death finished the sufFeiings of each victim, the bigoted assassins, with joy and exultation, still echoed in his expiring ears, that these agonies were but the commencement of torments infinite and eternal. Such were the b.arbarities, by wliich sir riielim O'Nealo and the Irish in Ulster signalized their rebel- lion : an event, memorable in the annals of human kind, and worthy to he held in perpetual detestation and abhorrence. The generous nature of More was shocked at the recital of such enormous cruelties. Ho flew to O Ne^ile's camp; but found that his authority, which was sufficient to excite the Irish to an insurrec- tion, was too feeble to restrain their iuhiimanily. Soon after, be abandoned a cau.se ])olluted by so many crimes ; and he retired into Flanders. Sir'l'helim, ro- 632 THE HISTORY OF EXGLANL'. |CH.^^. LV. commended by tlie greatness of liis family, and perhaps, too, by tlicunie<^traincd brutality ol Ins nature, tlioi.gh wilho.it any courage or capacity, acquired the entire ascenAuit over the northern rebels. The English colonies were totally annihilated in the open country of Ulster : the Scots, at first, met with more favourable treatment. In order to eiit;age them to .1 passive neu- tralitv, the Irish pretended to distinguish between the Briti.sh nations ; and claiming fiiendsliip and consan- guinity with the Scots, extended not over tliem the fury of their massacres. Many of thein found an opportu- nity to fly the conntry : others retired into places of security, "and prepared themselves for defence : and by this means, the Scottish planters, most of them at least, escaped with their lives. From Ulster, the flames of rebellion diffused them- selves in an instant over the other three provinces of Ireland. In all places death and slaugliter were not nncominon ; though the Iri.-h in these other provinces, pretended to act with moderation and humanity. But cruel and barbarous was their liumanity ! Not content with expelling the English their houses, with despoil- ing them of their goodly manors, with wasting their cultivated fields; they stripped them of their very clothes, and turned them out, naked and defenceless, to all the severities of the season. The he.ivens them- selves, as if conspiring against that unhappy people, were armed with cold and tempest unusual to the cli- mate, and executed what the merciless sword had left unfinished. The ro.ids were covered with crowds of naked English, hastening towards Dublin, and the other cities, which yet remained in the hands of their countrymen. The feeble age of chiUlien, the tender sex of women, soon sunk under the miiltiiilied rigours of cold and hunger. Here, the husband, bidding a final adieu to bis expiring family, envied them that fate which he himself expected so soon to share: there, the son, having long supported his aged parent, with reluctance obeyed his last commands, and, abandoning him in his uttermost distress, reserved himself to the hopes of avenging that death, which all his efforts could not prevent or delay. The astonishing greatness of the calamity deprived the sufferers of any relief from the view of companions in affliction. 'With silent tears, or lamentable cries, they hurried on tlivough the hostile territories ; and found every heart which was not steeled by native barbarity, guarded by the more implacable furies of mistaken piety and rebgion. The saving of Dublin preserved in Ireland the re- mains of the English name. The gates of that city, though timorously opened, received the wretched sup- plicants, and presented to the view a scene of human misery beyond what any eye had ever before beheld. Compassion seized the amazed inhabitants, aggravated with the fear of like calamities ; while they observed the numerous foes without and within, which every- where environed them, and reflected on the weak re- sources by which tliey were themselves supported. The more vigorous of the unhappy fugitives, to the number of three thousand, were enlisted into three regiments: the rest were distributed into the houses; and all care was taken, by diet and waimtb, to recruit their feeble and torpid limbs. Diseases of unknown name and species, derived from these multiiilicd dis- tresses, seized many of them, and put a speedy period to their lives ; others, having now leisure to reflect on their mighty loss of friends and fortune, cursed that being nhich they had saved. Abandoning themselves to despair, refusing all succour, they expired ; without other consolation tlian that of receiving among their conntrymcn the honours of a grave, wliich to their slaughtered companions had been denied by the in- human barbarians. By some computations, those who peiished by all these cruellies are supposed to be a hundred and fifty, or two hundred thousand : by the most moderate, and probably the most reasonable account, they are made | to amount to forty thousand ; if this estimation itself | be not, as is u.sual in such cases, somewhat exag- gerated. The justices ordered to Dublin all the bodies of the army which were not surrounded by the lebcls ; and they assembled a force of fifteen hundred veterans. They soon inlisted, and armed from the magazines, above four thousand men more. They dispati lied a body of six hundred men to throw relief into Tredah, besieged by the Irish. But these tioops, attacked bv the enemy, were seized with a panic, and were most of them put to the sword. Their arms, falling into the hands of the Irish, sujiplied them with what they most wanted. 1 he justices, willing to foment the rebellion, in a view of profiting by the multiplied forfeitures, henceforth thought of nothing more than providing for their own present security, and tliat of the capital. The earl of Ormoud, their general, remonstrated against such timid, not to say base and interested coun.sels ; but was obliged to submit to authority. The English of the pale, who probably were not at first in the secret, pretended to blame the insurrection, and to detest the barbarity with which it was accom- panied. By their protestations and declai'aticns.thev en- gaged thejustices to supply tliem with arms, which they promised to employ in defence of the government. But in a little time, the interests of religion were found more prevalent over them, than regard and duty to their mother-country. 'J'liey chose lord Gormanstone their leader; and, joining the old Irish, rivalled them in eveiy act of violence toixards the English protes- tants. Besides many smaller bodies dispersed over the kingdom, the principal army of the rebels amounted to twenty thousand men, and threatened Dublin with an immediate siege. Both the English and Irish rebels conspired in one imposture, with which they seduced many of their deluded countrymen : they pretended atithority from the king and queen, but chiefly iicm the latter, for their insurrection ; and they afiirnied, that the cause of their taking arms was to vindicate royal ju'erogative, now invaded by the puritanical parliament. Sir Phe- lim O'Neale, having fotind a roy:d patent in lord Caufield's house, whom he had nuudered, tore oft" the seal, and affixed it to a ccmmissicn which he bad forged fur himself. The king received an account of this insurrection, by a messenger diK])atclicd from the north of Ireland, lie immediately cominunicated his intelligence to the Scottish parliament. lie expected that the mighty zeal expressed by the Scots for the protestant religion would immediately engage them to fly to its defence, where it was so \iolently invaded : he hoped that their horror against popery, a religion which now ajipeared in its most horrible aspect, would second all liis exhor- tations: he had observed with what alacrity they had twice run to arms, and assembled troops, in opposition to the rights of their sovereign : be saw with how mucli greater facility they could now collect forces, which bad been very lately disbanded, and which had been so long inured to military discipline. The cries of their affrighted and distressed brethren in Ireland, he promised himself, weuld powerfully incite them to send over succours, which could arrive so cjuickly, and aid them with such promi)titude in this uttermost distress. But the zeal of the Scots, as is usual among leligious sects, was very feeble, when not stimulated either by faction or by interest. They now considered them- selves entirely as a republic, and made no account of the authority of their prince, whicli tliey bad ut- terly annihilated. Conceiving hopes from the pre- sent distresses of Ireland, they resolved to make an advantageous bargain for the succours with which they should supply their neighbouring nation. And they cast their eye towards the English parliament, with whom they were already so closely connected, and who could alone fulfil ar.y articles which might be agreed on. Except dispalching a small body to support the Scottish colonies- in Ulster, they would, therefore, Chap. LV.l CHARLES I. 1C25— 1649. 65S po no furiher at present, tli.iu sending commissioners to London, in order to treat with that power, to wlioni tlie sovereign authority was now in reality t).insteri-od. Tlie icing too, sensible of hisntter inability to subdue the Irish rebels, found himself oblij;ed, in his exigency, to have recourse to the English parliament, and de- peiul on their assistance for supply. After communi- cating to them tlie intelligence wliicli he had received, he informed them, that the insurrection was not, in his opinion, the result of any rash enterprise, but of a formed conspiracy against the crown of England. To their care and wisdom, tlierefore, he said, he committed the conduct and prosecution of the war, which, in a cause so important to national and religious interests, must of necessity be immediately entered upon, and vigorously pursued. IMEETING OF THE ENGLISH PARLIAMENT. The English parliament w.is now assembled; and discovered, in every vote, the same disposition in which they had separated. The exalting of their own autho- rity, the diminisiiiiig of the king's, were still the objects pursued by the majority. Every attempt which had been made to gain the popular leaders and by offices to attach them to the crown, had failed of success, either for want of skill in conducting it, or by leasou of tlie slen- der preferments which it was then in the king's power to confer. The ambitions and enterprising patriots disdained to accept, in detail, of a precarious power; while they deemed it so easy, by one bold and vigoious assault, to possess themselves for ever of the entire sovereignty. Sensible that the nic.Tsures wliicli they )iad liitheito pursued, lendercd tliem extremely obnox- ious to the king; were many of tliem in themselves e.xccptiunable ; some of them, strictly speaking, illegal ; they resolved to seek their own security, as well as greatness, by enlarging popular authority in England. The great ncccssitips to which the king was reduced ; the violent pnjiulices which generally, throughout the nation, prevailed against him; his facility in making the most important concessions; the example of the Scots, wjiese encroachments liad totally subverted monarchy : all these circumstances further instigated the commons in their invasion of royal prerogative. And the dariger to which the constitution seemed to liavc been so lately exposed, persuaded many, that it never could be siifticieiitly seeund, but by the entire abolition of that autlnuity whicli had invaded it. Dut this project, it had not been in the power, scarcely ill the intention, of the popular leaders to execute, had it not been for the pa.ssion whicli seized the nation for prc-byteiiiin discipline, ard for the wild enthusiasm which at that time acconip.anied it. The licence which the )!arliaiiuiit had bestowed en this spirit, by check- ing ecclesiastical authority ; the countenance and eii- conia^'inient with which they had hoiiouied it; liad already diHused its inflnenerilous a step, ho was naturally induced to con- tinue, and to consult the public interest, by imposing ship-money and other moderate, though irregular, burdens and taxations. A sure proof that he had formed no system for enslaving bis people is, that the chief object of his government has been to raise a naval, not a military force ; a project useful, honour- able, nay, indispensably rorpiisite, and in spite of his great necessities, brought almost to a happy conclu- sion. It is now full time to free him from all these ne- cessities, and to apjily cordials and lenitives, after those severities, which have already had their full course against him. Never was sovereign blessed with more moderation of temper, with more justice, more htimauity, more honour, or a more gentle disposition. What jiity that such a prince should so long have been lianisised with rigours, suspicions, calumnies, com- plaints, enero.achments ; and been forced from that path in whieh the rectitude of his principles would have inclined him to have constantly trod ! If some few instances are found of violations made on the Teii- tion of Right, which be himself had granted, there is an ea«y aiul more natural way for preventing the re- turn of like incouveuiencis, than by a total abolition of royal authority. Let the revenue be settled, suitably to the ancient dignity and splendour of the crown ; let the public necessities be fully supplied ; let the re- maining articles of prerogative be left untouched ; and the king, as he has already lost the power, will l.iy aside the will, of invading the constitution. From what quarter can jealousies now arise ! What further security can be desired or expected ? the king's pre- ceding concessions, so far from being insufficient for public security, have rather erred on the otner ex- treme ; and, by depriving him of all power of self- defence, are the real cause why the commons are emboldened to raise pretensions hitherto unheard of in the kingdom, and to subvert the whole system of j the constitution. But would they be content with i moderate advantages ; is it not evident that, besides other important concessions the i>resent parliament , may be continued, till the g:overnment be accustomed to the new track, and evury part be restored to full liarmony and concord i liy the trennial act a perpe- tual succession of parliaments is establislied, as ever- lasting guardians to the laws, while the king posses.-es no independent power or military force, by which he can be supported in his invasion of them. No danger remains, but what is inseparable from all freecons;ilu- tious, and what foiins the \ery essence of their Iree- doni : the danger of a change in the people's dispo- sition, and of geiural disgust, coutracted against popu- lar privileges. To prevent such an evil, no cxjjedient is nnn-e iirojier, than to contain ourselves witliin tho hounds of modeiation, and to consider that all ex- tremes, naturally and infallibly, beget each other. la the same maniUT ;ts the j.ast usurpations of the crowu, however excusable ou account of the necessity or pro- vocations whence they arose, have excited an immea- snreable appetite for liberty ; let us beware, lest our cneroaclmients, by introducing anarchy, make the people seek shelter uuder the peaceable and despotic rule of a monarch. Authority, fis well as Ubcrty, is requisite to government ; and is even requisite to the support of liberty itself, by maintaining the laws, which can alone regulate and protect it. What mad- ness, while eveiything is so happily settled under ancient forms and institutions, now more exactly poised and adjusted, to try the hazardous experiment of a new constitution, and renounce the mature wis- dom of our ancestors for the crude whimsies of turbu- lent innovators ! ]5ut the certain and inconceivable mischiefs of civil war, are not the perils a|ii>arent, which the delicate frame of liberty must imvitably sustain amidst the furious shock of anns I Whichever side prevails, she can scarcely hope to remain inviolate, and may suft'er no Ii'SS, or rather greater injuries from the boundless pretensions of forces engaged in her cause, than from the invasion of enraged troops, iji- listed on the side of monarchy. The king, upon his return from Scotland, (2dtli November,) was received in London with the shouts and acclamations of the people, and with every denmn- sti-ation of regard and affection. Sir Richard Gournay, lord mayor, a man of moderation and authority, had promoted these favourable dispositions, and had en- gaged the populace, who so lately insulted the king, and who so soon after nuade furious war upon him, to give him these marks of their dutiful attachment. But all tho pleasure which Charles reaped from this joyous recep- tion, was soon damped by the remonstrance of the com- mons, which was presented him, together with a peti- tion of a like strain. The bad counsels which he followed are there complained of ; his concurrence in the Irish rebellion plainly insinuated ; the scheme laid for th° introduction of popery and superstition in- veighed against ; and as a remedy for all these evils, he is desired to intrust eveiy office and command to persons in whom his ]iar!iament should have cause to conhde. By tliis phrase, which is so often repeated in all the memorials and addresses of that time, the com- mons meant themselves and their adherents. As soon as the remonstrance of the commons was published, the king dispeised an answer to it. In this contest he lay under great disadvantages. Not only the ears of the people were extremely prej\idicod against him ; the best topics, upon which he could jus- tify, at least apologize for his former conduct, were such as it was not safe or prudent for him at this time to emjiloy. So high was the national idolatry towards parliaments, that to blame the past conduct of these assemblies, would have been very ill received b) the generality of the people. So loud were the complaints .against regal usurpations, that, had the kiug asserted the prerogative of sujiplying, by his own authority, the deficiencies in government, arising from the obstinacy of the commons, he would have increased the cla- mours with which the whole nation already resounded. Charles, therefore, contented himself with observing in -' 6{i6 THE HISTORY OF ENGLAND. [Chat. LV general, thai oven diiiiiif; tlmt period so nnicli com- plained of, the pcojile onjovcd a great measure of liap- piiiess, not only comparatively, in respect of tlieir neifliboure, but even in respect of lliose times wliicli were justly accounted the most fortunate. He made warm protestations of s-incerity in tlie reformed reli- gion ; lie promised indulL,'ence to tendef ..consciences witli regjird to the ceremonies of the cluncli ; he men- tioned liis great concessions to national liberty ; he blamed the infamous libels every where dispcrred against liis person and the national religion ; he complained of the general reproaches thrown out in tlie remonstrance with regard to ill counsels, tliough he had protected no minister from parliamentary justice, retained no un- popular servant, and conferred offices on no one who enjoyed not a high char.icter and estimation in tlie public. "If, notwithstanding tliis," he adds, "any malignant jLirty sli.all take heart, and be willing to s.a- critice thepe.aee and happiness of their country to their own sinister ends and ambition, under whatever pie- tence of religion and conscience ; if they shall endea- vour to lessen my reputation and in terest, .and to weaken my lawful power and authoiity ; if they sliall attempt, by discountenancing the present laws, to loosen the bands of government, that all disorder and confusion may bre.ak in upon us ; I doubt not but God in his good time will discover them to me, and that the wis- dom and couiage of my high court of parliament will join with me in their suppression and punishment." Nothing shows more evidently the hard situation in which Charles was placed, than to observe, that he was obliged to confine liimself within the limits of civility towards subjects who h.ad tr>ausgressed all bounds of regard, and even of good manners, in the treatment of their sovereign. The first instance of those parliamentary encroach- ments which Charles was now to look for, was the bill for pressing soldiers to the service of Ireland. This bill quickly passed the lower house. In the preamble, the king's power of pressing, a power exercised during all former times, was declared illegal, and contrary to the liberty of the subject. By a necessary conse- quence, the prerogative, which the crown had ever assumed, of obliging men to accept of any branch of public service, was abolished and annihilated — a prero- gative, it must bo owned, not very compatible «ith a limited monarchy. In order to elude this law, the king offered to raise ten thousand volunteers for the Irish service : but the commons were afr.aid lest such an army should be too much at liis devotion. Charles, still unwilling to submit to so considerable a diminution of power, came to the house of peers, and offered to pass the law without the preamble; by which means, he said, that ill-timed question with regard to the pre- rog.alive would for the present be avoided, and the pre- tensions of each party be left entire, lioth houses took fire at this measure, which, from a similar instance while the bill of attainder against Strafford was in de- pendence, Charles might foresee would be received with resentment. The lords, as well as commons, p.assed a vote, declaring it to he a high breach of privi- lege for the kin.g to take nutice of any bill which was in agitation in either of the houses, or to express his sentiments with regard to it, befoie it be presented to liim for his assent in a paillament.ary manner. The king was obliged to compose .all matters by an apology. The general question, we may observe, with regard to privileges of parliament, h.as alw.ays been, and still continues, one of the greatest mysteries in the English constitution; and, in some respects, notwithstanding the accurate genius of that goveinment, tliese privi- leges are at present as undetermined as were formerly the prerogatives of the crown. Such privileges as arc founded on long precedent cannot ho controverted : but though it were certain that former kings h.ad not, in any instance, taken notice of bills lying before the lionses, (which yet appears to have been very common,) it follows not, merely from their never exerting ench n jjower, that they had renounced it, or never were pos- sessedof it Such privileges also as are essential to all free assemblies which deliberate, they may be allowed to assume, whatever precedents may prevail : but though the king's interposition, by an offer or a. I, v.] CHARLtS J 1625—16-19. (359 ' himself was coniiii;^' to Ijui'ii tlie city, anil tliat tUe ki at tla'ir head. Next inoniiiig Charles sent to the mayor, and ordered him to call a common-council immediately. About ten o'cloch, he hiiiiselt', attended only by three or four lords, went to Guildhall, lie told the common-coun- cil, that he was sorry to hear of the ai>prehensions en- tertained of him: that he wa-s come to them without any guard, in order to show how much ho relied on their aftVctions ; and that he had accused certain men of high-treason, again:,t wlioni he wo\ild proceed in a legal way, and therefore jiresumed that they would not meet willi protection in the city. After many other gracious exjjressions, lie told one of the sheriffs, who of the two was thought the least inclined to his service, that he would dine witli him. lie departed the hall without receiving the applause which ho expected. In I)assing through the streets, he heard the cry, " I'l ivi- lege of parliament ! privilege of parliament !" resound- ing from all quarters. One of tlie populace, more in- solent than the rest, drew nigh to his coach, and called out with a loud voice, " To your tents, Israel ! " the words employed bj- tlie mutinous Israelites, when they abandoned liehoboam, their rash and ill-counselled sovereign. AVhen the house of commons met, they affected the greatest dismay ; and adjourning themselves for some days, ordeied a committee to sit in merchant-tailors' hall in the city. The committee made an exact inrjuiry into all circumstances attending the king's entry into the house : every passionate speech, every menaoing gesture of any, even the meanest of his attendants. violence to the parliament, of seizing the accused mem- bei-sin the very house, and of murdering all who should make resistance, was inferred. And that unparalleled breach of privilege, so it was called, was still ascribed to the counsel of papists and their adherents. This expression, which then recurred every moment in speeches and memorials, and which at present is so apt to excite laughter in the reader, begat at that time the deepest and most real consternation throughout the kingdom. A letter was pretended to be intercepted, and was communicated to the committee, who pretended to lay great stress upon it. One catholic there congratulates another on the accusation of the members; and repre- sents that incident as a branch of the same pious contrivance which had excited the Irish insinTcetion, and by which the profane heretics would soon bo exter- minated in England. The house again met, and after confirming the votes of their commiitee, inst.antly adjourned, as if exposed to the most imminent perils from the violence of their enemies. This jiractice they continued for some time. When the people, by these affected ])aiiics, were wrought up to a .suffKient degree of rage and terror, it w.as thouglit jiroper that the accused members should, with a triumphant and military procession, take their scats in the house. The river was covered with boats, and other vessels, laden with small pieces of ordnance, and prepared for fight. Skippon, whom the parlia- ment had appointed, by their own authority, major- general of the city-militia, conducted the members, at the head of tl.is tumultuary army, to Westminster- hall. And when the populace, by land and by water, pas^ed Whitehall, they still asked with insulting shouts, " What has become of the king and his cavaliers i And whidicr are they fled ?" TUK KING LE.WES LONDON. The king, ajiprehensive of danger from the enraged multitude, had retired to Ilampton-court, deserted by all the world, and overwhelmed with grief, shame, and remorse, for the fatal measures into which he had been hurried. His distressed situation he could no longer ascribe to the rigoiir.s of desticy, or the malignity of enemies : his own precijatancy nnd inaiscretiou must bear the blame of whatever disasters should henceforth befall him. The most faithful of his adherents, bo tween sorrow and indignation, were confounded with reflections on what liad hapiiened, and what was likely to follow. Seeing every prospect blasted, faction tri- nmpliant, the discontented populace inflamed to a de- gree of fury, they utterly dcsjiaiicd of success in a cause to whose ruin friends and enemies seemed equally to C(>ns])ire. The prudence of the king in his conduct of this af- fair nobody pretended to justify. The legality of his proceedings met with many and just apologies; though generally offered to unwilling ears. No maxim of law, it was said, is more established or more universally al- lowed, than that privilege of i>arliameiit extends not to treason, felony, or breach of peace ; nor has either house, during former ages, ever pretended in any of those cases to interpose in behalf of its members Though some inconveniences should result from tho observance of this maxim, that would not be sufficient, without other authority, to abolish a principle estab- lished by uninterrupted iirecedent, and founded on the tacit consent of the whole legislature. Hut what are the inconveniences so much dreaded i Tho kinn-, on pretence of treason, may seize any members of tlie op- posite faction, and, for a time, gain to his partisans the nuijorily of voices. But if he seize only a few, will he not lose more friends by sucli a gross artifice than ho confines enemies i If heseizea greatnumLer; is not this expedient force, open and barefaced! And what remedy at all times against such force, but to op- pose to it a force which is superior! Even allowing that the king intended to employ violence, not autho- rity, for seizing the members, though at that time, and ever af'.crwards, he positively .asserted the con- trary, yet will his conduct admit of excuse. That the hall, where tho piirliament assembles, is an inviolable sanctuary, was never yet pretended. And if the com- mons complain of the affront offered them, by an at- tcmjit to arrest their members in their very presence; the blame must he entirely on themselves, who had for- merly refused compliance with the king's message, when bo peaceably demanded these members. The sovereign is the great executor of the; laws; and his presence was here legally employed, both in order to prevent opposition, .and to protect the house against those insults which their disobedience had so well merited. Charles knew to how little purpose he should urn-e these reasons against the present fury of the commons. He proposed, therefore, by a message, th.at they would agree upon a legal method, by which he might carrv on his prosecution against the members, lest further mis- understandings happen with regard to i)rivilega. They desired him to lay the grounds of accusation before the house; and pretended that they must first judge whether it wei-o proper to give up their members to a legal trhal. Tho king then informed them, that he would wave for the present all jirosecution : hy suc- cessive messages, he afterwards offered a jiardon to the members; offered to concur in any law that should acquit or secure them ; offered any reparation to the house for the breach of privilege, of which, he acknow- ledged, they had reason to complain. They were re- solved to .accept of no satisfaction, unless he would discover his advisers in that illeg.,l measure : a condi- tion to which, they knew, that, without rendering liimself for ever vile and contemptible, he could not possibly submit. Meanwhile, they continued to thun- der .against the violation of parliamentary [jrivileges. and, by their violent outcries, to inflame tiie whole u.a- tion. The secret reason of their displeasure, however obvious, they carefully concealed. In the king"sace.u- sation of the members, they plainly saw his judgment of the late parliamentary proceedings; and everv ad- herent of tlie ruling faction dreaded the same' fate, should royal authority be re-established in its ancient 660 Till-: HISTORY OF ENGLAND. Chap. I,V lustre. Hv the most uiJuippy conduct, Charles, while ho cxtroinelv ausnienteil in his opi'oncnts the will, had nlso iuei-ouscd the abilitv of luirtinjr hiui. The moi-o to excite the iicopk', wlioso dispositions wore already very seditious, tlie expedient of petition- in" was renewed." A petition from tiie county of Buck- ingham was i)i-esented to tlie house by six thousand subscribers, who promised to live .nud die in defence of the privile<,'es of parliament. The city of London, the county of Essex, that of Hertford, Surrey, Beiks, imi- tated the example. A petition from the apprentices was graciously received. Nay, one w.-is encouraged from the porters ; whose nunihers amounted, as they said, to fifteen tliousand. The address of that great body contained the same articles with all the others, the privileges of parliament, tlio danger of religion, the rebellion of Ireland, tlie decay of trade. The por- ters further desired, that justice might be done upon offenders, as tlie iitrociousness of their crimes had de- served. And they added, ■' That if such remedies were any longer suspended, they should be forced to extre- mities not fit to be named, and make good the saying, 'Xliat necessity has no law.'"' Another petition was pi-esented by several poor people, or beggars, in the name of many thousands more; in which tlie petitioners proposed as a remedy for the pubhe miseries, " Tliat those noble worthies of the house of peers, who concur with the Iiapjiy votes of the commons, may separate themselves from the rest, and sit and vote as one entire body." The com- mons gave thanlvs for this pe:ition. TIiC very women were seized with the same rage. A brewer's wife, followed by many tliousauds other sex, brought a petition to the house ; in wliich the petition- ers expressed their terror of the papists and prelates, and their dread of like massacres, rapes, and outrages, with those which had been committed upon their sex iu Ireland. They had been necessitated, they said, to imitate the examjile of the woman of Tekoah : and they claimed equal right with the men, of declaring, by petition, their sense of the public cause ; because Christ had purchased them at as dear a rate, and in the free enjoyment of Christ consists equally the happiness of both se.xes. Pym came to the door of the house ; and liaving told the female zealots, that their petition was tliaiikfully accepted, and was presented iu a sea- sonable time, he begged that their prayers for the success of the commons miglit follow tlieir petition. Such low arts of popularity were aft'ected ! and by sucli illiberal cant were the unhajjpy people incited to civil discord and convulsions ! In the mean time, not only all petitions, which fa- voured the church or monarchy, from whatever hand they came, were discouraged; but the petitioners were sent for, imprisoned, and proscented as delinquents : and this unequal conduct was openly avowed and justi- fied. Whoever desire a change, it was said, must express their sentiments ; for how, othernise, shall they be known t But those who favour the established goverri- ment in church or state, should not petition; because they already enjoy what they wish for. The king had possessed a great party in the lower house, as ai)peared in the vote for the remonstrance; and this party, bad every new cause of disgust been carefully avoided, would soon have become the majo- rity, from the odium attending the violent measures embraced by the popular leaders. A great majority he alsvays ])osscssed in the house of peers, even after the bishops were confined or chased away ; and this majo- ••jty could not have been overcome, but by outrages which, iu the end, would have drawn disgrace and ruin on those who incited them. By the present fury of the people, as by an inundation, were all these obstacles swept away, and every rampart of royal authority laid level with the ground. The victory was inirsued with impetuosity by the sagacious commons, who knew the importauce of a favourable luoment in all popular com- motions. The terror of tlieir authority thuv extended over the whole nation ; and all opposition, and even all blame vented in private conversation, were treated as the most atrocious crimes by these severe inquisitors. Scarcely was it permitted to find fault with the conduct of any particular member, if he made a figure in the house; and reflections thrown out on rym were al this time treated as breaches of privilege. The populace without doors were ready to execute, from the least liint, the will of their leaders ; nor was it safe for anj member to approach either house, who jirctended to control or oppose the general torrent. After so un- disguised a manner was this violence conducted, that Ilollis, in a speech to the peers, desired to know the names of such membei's as should vote contrarv to the sentiments of the commons : and I'ym said in the lower house, that the people must not be restrained in the expressions of their just desires. By the flight, or terror, or despondency of the king's party, an undisputed majority remained everywhere to their o])ponents; and the bills sent up by the commons, which had hitherto stopiied witli the peers, and would certainly have been rejected, now passed, and were presented for the royal assent. These were, the jiress- ing bill with its preamble, and the bill against the votes of the bishops in parliament. The king's authority was at that time reduced to the lowest ebb. The queen too. being secretly threatened with an impeachment, and finding no resource in her husband's protection, was prepaiing to retire into Holland. The lage of the people was, on account of her religion, as well as her sj)irit and activity, universally levelled against her. Usage, the most contumelious, she had hitherto borne with silent indignation. The commons, in their fury against priests, had seized her very confessor ; nor would they release him upon her repeated applications. Even a visit of the prince to his mother had been openly complained of, and remonstrances against it had been presented to her. Apprehensive of attacks still more violent, she was desirous of facilitating her escape ; and she prevailed with the king to pass these bills, in hopes of appeasing for a time the rage of tlie multitude. These new concessions, however important, the king immediately found to have no other effect than had all the preceding ones: they were made the foundation of demands still more exorbitant. From the facility of his disposition, from the weakness of his situation, the commons believed that he could now refuse them no- thing. And they regarded the least moment of relaxa- tion, in their invasion of royal authority, as highly im- politic, during the uninterrupted torrent of their suc- cesses. The very moment they were informed of these last acquisitions, they affronted the queen, by opening some intercepted letters written to her by lord Digby they carried up an impeachment against Herbert, at- torney-general, for obeying his master's commands iu accusing their members. And they prosecuted with fresh \'igour their plan of the ^uilitia, on which they rested all future hopes of an nneoutrollcd authority. The commons were sensible tl.at monarchical govern- ment, which, during so many ages, had been established in England, would soon regain some degree of its for- mer dignity, after the present tempest was overblow n ; nor wouhl all their new-invented limitations be able totally to suppress an authority to which the nation had ever been accustomed. The sword alone, to which all human ordinances must submit, could guard their acquired power, and fully insure to them personal safety against the rising indignation of their sovereign. This point, therefore, became the chief object of their aims. A large magazine of arms being placed in the town of Hull, they dispatched thitliersir John Ilotliam, a gentleman of considerable fortune in the niighhour- hood, and of an ancient family : and they gave him the authority of governor. 'J'hey sent orders to Goring, governor of Portsmouth, to obey no commands butsucli as he should receive from the pMrliament. Not content with having obliged the king to displace Lunsford, whom he had ajipoiulcd governor of the Tower, they Chap I.V.] CriARLKS I IC2o-U!.19. 661 never ceased soliciting him, till lie liad also displaced 6ir John Biron, a man of unexceptionablo character, and had bestowed that command on sir John Coniers, in whom alone, they said, they could repose confidence. After making a fruitless atteni])t, in which tlie peers refused their concurrence, to give public warning, that the j)eoj>le should put themselves in a jjosture of de- fence against the enterprises of papis/s and oilier ill- nffected persons, they now resolved, by a bold and decisive stroke, to seize at once the whole power of the sword, and to confer it entirely on tlu'ir own creatures and adherents. The severe votes passed in the beginning of this par- liament against lieuti'nants and their deputies, for ex- ercising ]jowers assumed by all their predecessors, liad totally disarmed the crown, and had not left in any magistrate military autliority sufficient for the defence and security of the nation. To remedy this inconve- nience now appeared necessary. A bill was introduced and passed the two houses, which restored to lieutenants and deputies the same powers of which the votes of the commons had bereaved them ; but at the same time the names of all the lieutenants were inserted in the bill ; and tliesc consisted entirely of men in wlioni the parliament could confide. And for their conduct, they were accountable, by the express terms of the bill, not to tlie king, but to tlie parliament. Tlio policy pursued by the commons, and wliich had hitherto succeeded to admiration, was, to astonish the king by the boldness of their enterprises, to intermingle no sweetness witli their severity, to employ expressions no less violent than their pretensions, and to make him sensible in what little estimation they held both his person and his dignity. To a bill so destructive of royal authority, they prefixed, with an insolence seem- iugly wanton, a preamble equally dishonourable to the personal character of the king. These are the words : " Whereas there has been of late a most dangerous and desperate design ujion the house of commons, which wo have just cause to believe an effect of the bloody counsels of papists and other ill-afiected jiersons, who have already raised a rebellion in the kingdonr of Ire- land. And whereas, by reason of many discoveries, we cannot but fear they will in-oceed, not only to stir up the like rebellions and insurrections in this kingdom of England, but also to back them v.'itli forces from abroad, &c." Hero Charles first ventured to put a slop to his con- cessions ; and that not by a refusal, but a delay. When this demand was made, a demand which, if granted, the commons justly regarded as the last they sliould ever have occasion to make, he was at Dover, attending the queen and the princess of Orange, in their embarkation. Jle reidied, that he had not now leisure to consider a matter of so great iinjiortance, and must therefore re- spite his answer till his return. The ]iarlianicnt in- stantly (22iul Februar}") dispatched another message to him, with solicitations still more importunate. They expressed their great grief on account of his majesty's answer to their just and necess.ary petition. They re- preeentcd, that any delay, during dangers and distrac- tions so great and pressing, was not less imsatisfactory and destructive than an absolute denial. They insisted, that it wa.s their duty to see put in execution a mea- sure so necessary for pubhc safety. And they affirmed, that the people, in many counties, had ajiplied to them for that purpose, and, in some places were, of them- s^dves, and iiy their own authority, providing against those urgent dangers with which they were threatened. Even after frhis insolence, the king durst not venture upon aflat denial. Besides excepting to the preamble, which threw such dishonour upon him, and protesting the innocence of his intentions when he entered the ! house of commons, he only desired tliat the military 1 authority, if it were defective, should first be conferred I upon the crown ; aiid ho promised to bestow commis- [ sicus, but such iw should be revocable at pleasure, on ] tlie same persons whom the parliament liad named in ' the bill. By a fonner message lie had expressed liis wishes, that they would lay betbi-e him, in one view, all the concessions which they deemed requisite for thn \ settlement of the nation. They prctenikd that they were exposed to perils so dreadful and imminent, that they had not leisure for such a work. The expedient proposed by the king seemed a suiKeient remedy during this emergence ; and yet maintained the jirei-ogatives of th; crown entire and unbroken. But the intentions of the commons were wide of this purpose, and their panics could be cured by one remedy alone. They instantly replied, (1st March,) that the dangers and distempers of the nation were such as could endure no longer delay ; and, unless the king speedily complied with their demands, they should be constrained, for the siifety of prince and jieople, to dis- pose of the militia by the authority of both houses, and were resolved to do it accordingly. They asserted, that those parts of the kingdom which had, from their own authority, put themselves in a posture of defence durino' these prevailing fears and jealousies, had acted suitably to the declarations and directions of both houses, and conform.ably to the laws of the kingdom. Antl while they thus menaced the king with their power, they in- vited him to fi.x his residence at London, where "they knew he would be entirely at mercy. "I am so much amazed at this message," said the king, in his prompt reply, "that I know not what to an- swer. You speak of jealousies and fears ! Lay your hands on your hearts, and ask yourselves, whether I may not likewise be disturbed with fears and jealousies: and if sc, I assure you that this message has nothing lessened them. "As to the miUtia, I thought so much of it before I gave that answer, and am so much assured that the an- swer is agreeable to what in justice or reason you can ask or I in honour grant, that I shall not alter it in any point. " For my residence near you, I wish it might be safe and liononiable, and that 1 had no cause to absent my- self from Whitehall : ask yourselves whether I liavo not. "Whatwoulil you luave! Have I violated your laws! Have 1 denied to pass any bill for the ease and security of my subjects \ I do not ask what you liave done for me. "Have any of my people been transported with fears and apprehensions ? 1 offer as free and general a paj- don as yourselves can devise. All this considered, there is a judgment of Heaven upon this nation, if thcso distractions continue. "God so deal with me and mine as all my thoughts and intentions are upright for the maiuteuanee of tlie true protestant profession, and for the observance and preservation of the laws; and I hope (iod will bless and assist those laws for mi/ preservation." No sooner did the commons despair of obtainiu" the king's consent to their bill, than they instantly voted, that those who advised his majesty's answer were ene- mies to the state, and mischievous projectors against the safety of the nation ; that this denial is of such dan- gerous consequence, that if his majesty persist in it, it will hazard the peace and tranquillity of all his king- doms, unless some si)eedy remedy be applied by the wisdom and authority of both houses ; and that such of the subjects as have put themselves in a posture of de- fence against the common danger, have done notliin" but what is justifiable, and approved by the house. Lest the people might be averse to the seconding of all these usurpation.', they were plied anew with ru- mours of danger, with the terrors of invasion, with the dread of English and Irish papists ; and the most un- accountable panics were spread throughout the nation. Lord Digby having entered Kingston in a coach and six, attended by a few livery-servants, the intelligence was conveyed to London ; and it w.as immediately voted, that he h.ad ajipeared in a hostile manner, to the teiTor and afl'iight of her majesty's subjects, and lu«l TIIR HISTORY OF ENGLAND. iCkap, l.V. tG-2 levied >v(ir n?amst tl.e Icing and lun.sdom. Petitions fion, all quarters lomlly demanded ot tlio parliament to p..t tl.e nation in a posture of defence ; and tl.e co.intv of Stafford, in i.artieular, expressed such dread ofan "insurrection amon- the papists, that every man they said, was constrained to stand upon his guard, not even daring to go to church unarmed. THE KING ARRIVES AT YORK. That the sar.ie violence l.y which he had so long heen oppressed might not still reach hini.and extort Ins con- sent to the n.ilitia hill, Charles had resolved to remove further from Loudon : aud accordingly, taking the prince of Wales and the duke of York along with l.un, he arrived, by slow journeys, at Yorlc, which he deter- mined for some time to make the place of his residence. The distant parts of the kingdom being removed from that furious vortex of new princiidcs and opinions which had transported the capital, still retained a sin- cere regard for the church and monarchy ; and the Icing here found marks of attachment beyond what he had^efore expected. From all quarters of England, the prime nobilitv and gentry, either ])orsonally, or by messages aud letters, expressed their duty towards him ; and exhorted him to save himself and them from that ignominious slavery with which they were threatened. The small iutervarof time which had passed since the fatal accusation of the members had been sufficient to open the eves of many, and to recover them froin the astonishment with which at first they had been seized. One rash and passionate attempt of the king's seemed but a small counterbalance to so many acts of deliberate violence, which had been offered to him and every branch of the legislature: and, however sweet the sound of liberty, many resolved to adhere to that mo- derate freedom transmitted them from their ancestors, and now better secured by such important concessions ; i-ather than, by engaging in a giddy search .after more independence, run a manifest risk either of iucurruig a cruel subjection, or abandoning all law and order. Charles, finding himself supported by a considerable party in the kingdom, began to speak in a firmer tone, and "to retort tlie accusations of the commons with a vigour which he had not before exerted. Notwith- standing their remonstrances, and menaces, and insults, he still persisted in refusing their bill; and they pro- ceeded to frame an ordinance, in which, by the autho- rity of the two houses, without the king's consent, they named lieutenants for all the counties, and conferred on them tlie command of tlie whole military force, of all the guards, garrisons, and forts of the kingdom. He issued proclamations against this manifest usurpation: aud as he professed a resolution strictly to observe the law himself, so was he determined, he said, to oblige every other person to pay it a like obedience. The name of the king was so essenti.il to all laws, and so fa- miliar with all acts of executive authority, that the parliament was afraid, had they totally omitted it, that the inuov.ation would be too sensible to the people. In all commands, therefore, which tliey conferred, they bound the persons to obey the orders of his majesty, signified by both houses of parliament. And, invent- ing a distinction, hitherto unheard of, between the office and the ]iersou of the king, those very forces which they emjiloyed against him, they levied in his name and by liis authority. It is remarUublc how much the tojiics of argument were now reversed between the parlies The king, while he acknowledged his former eri-or, of employing a plea of necessity in cider to infringe the laws'and constitution, w.arned the p.arliumeut not to imitate an ex.ainplo on which they threw such violent blame; and the pailiameut, while they tlothod their i)ersonal fears or ambition under the appearance of national .and im- minent danger, made unknowingly an apology for the most exceptionable part of the king's conduct. That the liberties of the people were no longer exposed to any peril from royal nnlhority, so uarronly circwm- scribed, so exactly defiueil, so much unsupported by revenue and by inilitary power, might be maintained upon very pLausible topics : but that tlie danger, allow-, ill" it to' li.avc any existence, was not of that kind — great, urgent, inevitable ; which dissolves all law, and levels .all" limitations— seems apparent from the sim- plest view of these transactions. So obvious indeed w.as the king's present inability to invade the constitu- tion, that the fe.ais and jealousies which operated on the people, and pushed them so furiously to arms, were undoubtedly not of a civil, but of a religious nature. The distempered imagi.iatious of men were agitated with a continual dread of popery, with a horror against prelacy, with an antipathy to ceremonies and the liturgv, and with a violent affection for whatever was most "opposite to these objects of .aversion. The fana- tical spirit let loose, confounded all regard to ease, safety, interest; and dissolved every moral and ci\il obligation. [See notcG D, al the end of this Vol.'] Each party was now willing to throw on its antago- nist the odium of commencing a civil war ; but both of them prcp.ared for an event which they deemed inevit- able. To gain the people's favour and good opinion, was the chief point on both sides. Never was there a peojde less corrupted by vice, and more actu.ated by principle, than the English during that period : never were there individuals who possessed more capacity, more courage, more public spirit, more disinterested zeal. The infusion of one ingredient, in too Large a proportion, had corrupted all these noble principles, .and converted them into the most virulent poison. To determine his choice in the aiiproacliing contest, every man hearkened with avidity to the reasons proposed on both sides. The war of the pen preceded that of the sword, aud daily sharpened the humours of the op- posite parties. Besides private adventurers without number, the king and parliament Ibemselvcs carried oil the controversy, by messages, remonstrances, and declarations; wdiere the ration was really the party to whom all arguments were addressed. Charles had here a double advantage. Not only his cause was more favourable, as supporting the .ancient government in church and state .against the most illegal preten- sions: it was also defended with more art and elo- quence. Lord Falkland had accepted the office of seci-et.ary ; a man who adorned tl.e purest virtue with the richest gifts of nature, and the most valuable ac- quisitions of learning, liy him, assisted by tl.e king himself, were the memorials of the royal party chiefly composed. So sensible was Charles of his supe.ioiity in this particular, that he took care to disperse every- where the papers of the parliament, together with his own, that the people might be the more enabled, by comparison, to form a judgment between them : the parliament, while they distributed copies of their own, were anxious to suppress all the Icing's compositions. To clear up the principles of the constitution, to mark the boundaries of the powers intrusted by law to the several members, to show what great improve- ments the whole political system had received from the king's late concessions, to demonstrate his entire confidence in his jieoplc, and his reliance on their affec- tions, to point out the uugr.aterul returns which bad been made him, and the euonnous encroachments, in- sults, and indignities, to which he had been exposed ; these were the to))ics which, with so much justness of reasoning aud propriety of expression, were insisted on in the king's declarations and remonstrances. [See tiote 6E, at tlie end cf this Vol.] Tliough these writings were of consequence, and tended much to reconcile the nation to Charles, it w.aa evident that they would not be decisive, aud that keener weapons must determine the controversy. To the ordinance of the parliament concerning the militia, the king opposed his commissions of array. The coun- ties obeyed the one or the other, according as they stood affected. And in many counties, where the peo- Chap. LV.J CHARLES I. l<;2o-1649. 663 plo -vvcro divicU'il, moljliish comljats ami skinnislics pn- siicd. 'I'lie parlianiont, on this occasion, wont so far as to voto, " Tliat when the lords and coniinons in parliamoMt, "liioh is tlie supreme court ol" Judicature, shall declare wliat tlie law of the laud is, to have this not only questioned, but contradicted, is a hi.L;h hreach of tlicir privileges." This was a plain assuniin;; of tlie whole legislative anthority, and exerting it in the most material aitii-le, tlie government of the militia. Upon the same principles, they )ircteiulcd, hy a verbal criti- cism on tlie tcuso of a Latin verb, to ravisli IVom the king his negative voice in the legislature.* The niag.izine of Hull contained the arms of all the forces levied .against the Scots ; and sir John Ilothain, llie governor, though he had accepted of a commission from tlio parliament, was not thought to be much dis- affected to the church and monarchy. Charles, there- fore, entertained hopes, that, if he presented himself at Hull before the connnoncement of hostilities, Ilo- tham, overawed by his presence, would admit him with his retinue; after which he might easily render Iiiniself master of the place. But the governor was on his guard. He shut the gates, .and refused to re- ceive the king, who desired leave to enter with twenty persons only. Charles immediately proclaimed him trailoi', and complained to the parliament of his dis- obedience. The parliament avowed and ju.stified the action. rRKPARATIONS. The county of York levied a guanl for the klug of si.'C hnudred men : for the kings of I'higlaud had hillier- to lived among their subjects like fathers among their childien, and had derived all their security from the dignity of their character, and Iroin the jiroteetion of the laws. The two houses, though they had already levied a g;uard for themselves, had attempted to seize all the military ]iowcr, all the n.avy, and all the forts of the kingdom, and had openly employed their authority in every kind of warlike preparations, yet iuimediately voted, " That the king, seduced by wicked counsel, in- tended to make war against his iiarliament, who, in all their cousiiltations and actions, had proposed no other end but the care of Ids kingdoms, and the performance of all duty and loyalty to his person ; that this attempt was a breach of the trust reposed in him by his people, contrary to his oath, and tending to a di'ssolution of the government ; and that whoever should assist him in such a war, were traitors by the fundamental laws of the kingdom. The armies, whicli had been everywhere raised, on pretence of the service in Ireland, were henceforth more ojienly enlisted by the parliament for their own purposes, and the command of them was given to the earl of Kssex. In Loudon no less than four thousand men enlisted in one day. And the iiarliament voted a declaration, which they required every member to Eubscrilie, that they would live and die with their general. They issued orders (10th June) for bringing in loans of money and plate, in order to maintain forces which .should defend the king and both houses of parliament: for this style they still preserved. Within ten day.», vast quantities of plate were brought to their trea- Burer.s. Hardly were there men enough to receive it, or room Kiifiicient to stow it : and many, with rcret, were obliged to carry back their otlciiugs, and wait till the treasurers could (iiid leisure to receive them. Such zeal animated the pious p.artisans of the parliament, especially in the ciiy ! The women g.ave np all the plate and ornaments nf their hoiisos, and even their silver thimbles and bodkins, in order to support the good cause against the malignants. • Thckinj;, by h's corona:t™-.i.«h. pnim sis tl at he « oul.l ni.iinliin the l«irs mij iiistoms ivliich the jimiilc Imd choser, mia.^ vii/irru: drs-.rt ■ the I«rli»iiuiit pretciideJ tlml uleKi-iel meant s.'„ill ehuae: Jliicl, i-un»miieiillv Mint tlic kinK had no riKht lo rclusc any bilU \i hkh should be prtsenfil hini fan- ituiihworth, vol. v. p. MO. Jleanwliile the splcndonr jf the nobility, with which the king was environed, nnir.h eclipsed the ap])caraiiee at Westminister. Lord-keeper Littleton, after sending the great seal before liiin, had (led to York. Above forty peers of the first rank attended the king; while the house of lords seldom consisted of more than six- teen members. Near llie moiety too of the lower house absented themselves from counsels wdiicli they deemed so full of danger. 'J'he commons sent up an impeachment against iiiuo poer.s, for deserting their duty in parliament. Their own members also, who should return to tlirin, they voted not to admit, till satisfied couceiT.iug the reason of tlicir absence. Charles made a declaration to the peers who attended him, that he expected from them no obedience to .any comin.ands which were not warranted by the laws of the Land. The peers answered this declaration by a protest, in which they declared their resolution to obey no commands but such as were warranted by that au- thority. By these deUber,ate engagements, so worthy of an English prince and English nobility, they meant to confound the furious and tumultuary resolutions taken by the parliament. The queen, disposing of the crown-jewels in Hol- land, had been enabled to purchase a cargo of arms and ammunition. I'art of these, after escaping many perils, arrived safely to the king. His prep.arations were not cear so forward as those of the parliament. In order to remove all jealousy, he had resolved, that their usurpations and illeg.al pretensions should be ap- parent to the whole world, and thought, that to re- cover the confidence of the people was a point much more material to his interest than the collcctiug of any magazines, stores, or armies, which might breed ap- prehensions of violent or iHegal counsels. But the urgent necessity of his situation no longer admitted of delay. He now prepared himself for defence. With a spirit, activity, and address which neither the one party aiiprchcnded, nor the other expected, he em- ployed all the advantages which remained to him, and roused up his adherents to arms. The resources of this prince's genius increased in proportion to his diffi- culties ; and he never appeared greater than when plunged into the deepest perils and distresses. From the mixed character, indeed, of Charles, arose in part the misfortunes in which England was at this time in- volved. His [lolitical eriors, or rather weaknesses, had raised him invetei'ate enemies: his eminent mojal virtues had procured him zealous partisans : and be- tween the hatred of the one, and the afiections of the other, was the n.ation agitated with the most violent convulsions. That the king might despair of all composition, the parliament sent him the conditions on which they were willing to come to an agreement. Their demands, contained in nineteen propositions, amounted to a total .abolition of monarchical authority. They required, that no man should remain in the council who was not agreeable to parliament ; that no deed of the king's should have validity, unless it passed the council, and w.is attested under their band ; that all the otheers of state and princiiial judges should be chosen with con- sent of parliament, .and enjoy their offices for life ; that none of the royal family should marry without consent of parliament or council ; that the laws should be exe- cuted against catholii-s ; that the votes of popish lords should be excluded ; that the reformation of the liturgy and church-governinent should have place, according to advice of parliament ; that the ordinance, with re- gard to the militia, be submitlcd to; that the justice of parliament pass iqion all delinquents ; that a general pardon be granted, with such exceptions as should be .advised by parliament ; that the forts and castles be dis|)osed of by cimsent of parliament ; and that no peer be made but with consent of both houses. " Should I grant these demands," said the king, in reply, " I may be waited on bare-headed ; I may have my liand kissed ; the title -. f Majesty m.ay be contiunoil 664 THE HISTORY 01' ENGLAND. [Chap. LVI. to lue ; niul The ki>i','s eulhorily, siyivjivtl by both houses, mav still lie the style of your i-oimiiands ; I iiiiiy liavo Bworils anJ inaeos carrioil before iiio, :aul jileaso iiiysilf with the sight of a crown and sceptre : (thonsl' even thi'se twigs n ouhl not long Hoiirish, when tlie stoi-k npon whiih they grew was ileail :) but as to true and real power, I should remain hiit the outside, but tlie picture, but the sign of a king." "War, on any terms, was es- teemed, bv the king and ail his counsellors, preferable to so ignominious a peace. Charles accordingly resolved tosuiiport his authority l)y arms. "Ilis towns," he said, " were taken from him, his ships. Ids arms, his money; but there still rcnuiiued to him a good cause, and the hearts of his loyal subjects, which, with God's blessing, he doubted not, would recover all the rest." CoUect- ir.>, therefore, some forces, lie advanced soutliward; (■22Md August;) and at Nottingham lie erected his royal standard, the open signal of discord and civil war througliout the kingdom. CHATTER LVI. Comnicnrpmcntof theCivU AVar St.itenf Parties Dattle of Kd^chill S'egwiation at Oxford Victories of the Koyalistsin the West Kat- tle of Stialtnn of Lansdown uf Roundvvay DoM'n [>eath of Ilambden Uristol taken Mece of Gloucester liattle of Newbury Actions in the North of Kngland Solemn League and Covenint Arniing of the Scots Stale of Ireland. COMMENCE.MENT OF TUE CIVIL WAD. 1G4-2. ■fX/^IIEX two names so sacred in the Knglish consti- • » tiition as those of Ktng and Parliament were placed in oppoMtion, no wonder the people were di- vided ill their choice, and were agitated with the most violent animosities and factions. The nobility, and more consider.ible gentry, dro.ading a total confusion of rank from the fury of the populace, inlisled themselves in defence of the monarch, from whom they received, and to whom they coinmunicated, their lustre. Animated with the sjiirit of loyalty de- rived fiom their ancestors, they adiiered to the ancient priucijiles of the constitution, and valued themselves on exerting the maxims, as well as inheriting the pos- sessions of the old English families. And while they passetl their time mostly at their country-seats, thev were surprised to hear of opinions iirevailing, witli wliich they had ever been unacquainted, and which implied not a limitation, but an abolition almost total, of nionarchieiil authority. The city of London, on the Other hand, and most of the great corporations, took p.irt with the parliament, and adopted with zeal those deinocratical principles on which the pretensions of that assembly wore founded. The government of cities, which even under absolute monarchies is commonly republican, inclined them to this party : the small hereditary influence which can be retained over the industrious inhabitants of towns ; the natural indepeudouce of citizens ; and the force of popular currents over those more numerous associa- tions of maukiud; all these causes gave, there, autho- rity to the new principles propagated throughout the nation. JIany families too, which had lately been en- riched by commerce, saw with indignation, that not- withstanding their opulence, they could not raise them- selves to a level with the ancient gontrv; they tlioro- fore adhered to a power, by whose success thev hoped to actpiire rank .and consideration. And the new splendour .and glory of the Dutch commonwealth, where liberty so happily supported industrv, made the commercial part of the nation desire to see'a like form of government established in England. _ The genius of the two religions, so closely at this time interwoven with politics, corresponded exactly to these divisions. 'J'he presbyterian religion w.as new, republican, and suited to the genius of the populace ' tlie other had an air of greater show and ornament, was established on ancient aullioiity, and bore an affi- nity to the kingly and aristocratical parts of the consti- tution. The devotees of presbytery became of course zealous partisans of the parliament : the friends of the episcopal cliurch valued themselves on defending the rights of monarchy. Some men also there were of liberal education, who, being either careless or ignorant of those disputes bandied .about by the clergy on both sides, as])ired to nothing but an e.asy enjoyment of life, amidst the jo- vial entertainment and social intercourse of their com- panions. All these flecked to the king's standard, where they breathed a freer air, and were exempted from that rigid precisencss and melancholy austerity, which reigned among the parliamentary party. Never was a quarrel more unequal than seemed at fust tliat between the contending parties : almost every advantage lay against the royal cause. The king's revenue had been seized, from the beginning, by the parliament, who issued out to him, from time to time, small sums for his present subsistence ; and as soon as he withdrew to York, tliey totally stopped all pay- ments. London and all the seaports, e-xcejit Newcastle, being in their hands, the customs yielded them a cer- tain and consider.ahle supply of money ; and all contri- butions, loans, and impositions, were more easily raised from the cities which ]iossessed the ready money, and where men lived under their inspection, than they could be levied by the king in those open countries, which after some time declared for him. The seamen naturally followed the disposition of the se.a-ports to which they belonged: and the earl of Nortliumbeilaiid, lord-admiral, liaving embraced the p.arty of the parliament, had appointed, at their desire, the e.arl of Warwick to be his lieutenant, who at once established his authority in the fleet, .and kept the entire dominion of the sea in tlie hands of that .assembly. All the m."igazines of arms and ammunition were from the first seized by the parliament; and their fleet intercepted the greater part of those which were sent by the queen from Holland. The king was obliged, in order to arm his followers, to borrow the weapons of the train-bands, under promise of restoring them as soon as peace .should be settled in the kingdom. The veneration for parliaments was at this time ex- treme throughout tlie nation. The custom of reviling those assemblies for corruption, as it li.ad no pretence, so was it unknown, during all former ages. Few or no instances of their encroaching ambition or selfish claims had hitherto been obseived. Men considered the house of commons in no other light th.an as the representatives of the nation, whose interest was the same wiUi that of the public, who were the etcrn.al gu.ardians of law and liberty, and whom no motive, but the necessary defence of the people, could ever en- gage in an opposition to the crown. The torrent, there- fore, of general affection ran to iiarliament. AVhat is the great .advantage of popularity, the privilege of afiixiug epithets, fell of course to that p.arty. Tlie king's adherents were the Wicked and the Mnlifinant ; their adversaries were the Godhj and Well-ajft'ctcii. And as the force of the cities was more united than that of the country, and at once g.ave shelter and protection to the parliamentary party, who could easily suppress the royalists in their neighbourhood, almost the whole kingdom, at the commencement of the war, seemed to be in the hands of the parliament. "What alone g.ave the king some compensation for all the advantages possessed by his adversaries, was the n.ature and qu.alities of his adherents. More bravery and activity were hoped for, from the generous sjiirit of the nobles and gentry, th.an from the base disposi- tion of the multitude. And as the men of estates, at their own expense, levied and armed their tenants, be- sides an attachment to their m.asteis, greater force and courage were to be expected in these rustic Chap. LVI] CHARLES 1. 162-5—1040, fiCo tjoops, tliau in tlie vicious and enervated populace of cities. The nc'lj;!iljoiirIns states of Europe, beinjj cnj^agcd in violent wai-s, little interested themselves in tliese civil commotions; and this island enjoyed the singular ad- vantage (for sncli it surely was) of fiLjhting out its own quarrels without the interposition of foreigners. France, from policy, had fomented the first disorders ill Scotland ; had sent overarms to the Irish rebels; and continued. to give countenance to the English par- liament: Spain, from bigotry, furnished the Irish with some supplies of money and arms. The prince of Orange, closely allied to the crown, encouraged English officers, wlio served in the Low Countries, to enlist in the king's army : tlio Scolti-.h oflieers, who had been formed in Germany, and in the late commotions, chiedy toolv part with the parliament. The contempt entertained by the parliament for tlie king's p.arty was so great, that it was the chief cause of pusl-.ing matters to such extremities against him ; and many believed tliat lie never would attempt resistance, but must soon yield to the pretensions, liowever enoi-- mous, of the two houses. Even after his standard was erected, men could not be brouglit to apprehend the danger of a civil war; nor w.as it imagined tliat he would have the imprudence to enrage liis implacable enemies, and render Iiis own condition more desperate, by opposing ,a force which was so much superior. The low condition in which he appeared at Nottingham confirmed all these hopes. His artillery, tliougli far from numerous, h.ad been left at York, for want of horses to transport it. Besides the trained bands of the county raised by sir John Digby, tlie sheiiff, lie had not gotten together above three hundred infantry. Ilis cavalry, in wliieli consisted his chief stiength, exceeded not eiglit hundred, and were very ill provided with arms. Tlie forces of the parliament lay at Northamp- ton, within a few days' march of him ; and consisted of above si.x thousand men, well armrd and well appointed. Had these troops advanced upon him, they must soon have dissipated the small force which he liad assem- bled. I'.y pursuing him in his retreat, they luad so dis- credited his cause, and discouraged his adherents, as lo Iiave for ever pievented his collecting an army able to make head .against them. lint the earl of Essex, the parlianient.ary general, h.ad not yet received any orders from his masters. What rendered them so backward, after such precipitate steps as they had formeily taken, is not easily ex|ilained. It is probable that in the extreme distress of his party consisted the present safety of the king. The parliament hoped, that the royalists, sensible of their feeble condition, and convinced of their slender resources, would dis- perse of themselves, and leave their adversaries a vic- tory, so much the more complete and secure, as it would be gciined without the appearance of force, and without bloodshed. Perhaps too, when it became ne- cess.ary to make the concluding step, and oft'er bare- faced violence to their sovereign, their scruples and apprehensions, though not sufKcient to overcome their resolutions, were alilo to retard the execution of them. Sir .laccb Astley, whom tiie king had appointed m.ajor-general of his intended army, told him, that he coidd not give him .assurance but lie might be taken out of his bed, if the rebels, sliould make a brisk at- tempt to that purpose. All the king's attendants were full of well-grounded apprehensions. Some of the lords having desired that a, message miglit be sent to the parliament with overtures to a treaty, Charles, who well knew that an accommodation, in his present con- dition, meant nothing but a total suluuission, hastily broke up the council, lest this proposal should be fur- tlier insisted on. But next day, the e.arl of Sontlianip- ton, whom no one could suspect of b.ise or timid sen- timents, having offered the same .advice in council, it was hearkened to with more coolness and deliberation. He urged, that though such a ste]i would probably in- crease the insolence of the parliament, this was so far Vol L from being an objection, that sucli di.spositlons must necessarily turn to the advantage of the royal canoe: that if they refused to treat, which was more probabio, the vei-y sound of peace was so popular, that uotliiu» could more disgust the nation than such haughty seve- rity: that if they admitted of a treaty, their jn-opo- sals, considering their present situation, would be so exorbitant, as to open the eyes of their most partial .adherents, and turn the general favour to the kind's party: and that, at worst, time miglit be gained by tiiis expedient, and a delay of the imminent danger witii which the king v.-as at present threatened. Charles, on .assembling the council, had declared against all advances towards an .accommodation ; and had said, that, having now nothing left him but his honour, this last possession he was resolved steadily to preserve, and rather to perish than yield any fur- ther to the pretensions of his enemies. But, by the unanimous desire of the counsellors, he was prevailed on to embr.ace .Southampton's advice. That nobleman, therefore, withsir John Colepeper and sir^Yilliam Uve- dale, w.as dispatched to London, with offers of a treaty. The manner in wliich they were icceived gave little hopes of success. Southampton was not allowed by the peers to take his seat ; but was ordered to deliver his mess.ige to the usher, and immediately to depart tlie city : the commons showed little better disposition towards Colepeper and Uvedale. Both houses replied, that they could admit of no treaty with the kiuf, till he took down his standard, and recalled his proclama- tions, in which the parliament supposod themselves to be declared traitors. The kjng, liy a second message denied any such intention against the two houses ; but oft'ered to recal those pioclaniations, jirovided the par- liament agreed to recall theirs, in which his adherents were declared tr.aitois. They desired him, in return, to dismiss his forces, to reside with his ]iailiainent, and to give up deliiKiueutsto their justice; that is, ahandon himself and ilis friends to the mercy of his enemies. Both parties fiattered themselves, that, by these mes- sages and replies, they had gained the ends which they proposed. The king believed that the peojile were made sufficiently sensible of the parliament's insolence and .aversion to peace: the parliament intended, by this vigour in their resolutions, to suuport the vigour of their military operations. The courage of the parliament w.as increased, besides their great superiority of force, by two recent events, which had happened in their favour. Gorinc was governor of rortsmouth, the best fortified town in the kingdom, and, by its situation, of great imporlance. This man seemed to have rendered himself an impla- cable enemy to the king, by betraying, probablv nui"' nif'ying, the secret cabals of t!ie army ; and the parlia- ment thought that his fidelity to them niiglit, on that account, be entirely depended on. But the same levity of mind still attended him, and the same disregard to engagements and professions. He took underhand his measures with the court, and declared against the parliament. But, though he had been sufiiciently sup- plied with money, and long before knew his danger, so small was his foresight, that he had left the place en- tirely destitute of provisions, and in a few days he was obliged to surrender to the [Mrliamentary forces. The marquis of Hertford was a nobleman of the greatest quality and character in the kingdom, and, equally with the king, descended, by a feni,ale, from Henry VII. During the reign of James, he had at- tempted, without having obtained the consent of that monarch, to marry Arabella Stuart, a lady nearlv re- lated to the crown; and, upon discoveiy of his inten- tions, had been obliged, for some time, to flv the kinf- dom. Ever after he was looked on with an evil eye at court, from which, in a great measure, he withdrew; and living in an independent manner, he addicted him- self entirely to literary oecupntions and amiisemeiits. In proportion as the king decli led in popularltv, Ilert ford's ehar.acter flourished with the people ; and when ■i Q C66 THE HISTORY OF ENGLAXD, [Chap. LVl. this parliament assembled, no nobleman posscsseil more general favour and autlioiily. I!y liis sagacity, lie soon perceived that tlie commons, not content witli correcting tlie abuses of govenunent, weie carried, by llie natural cnrrent of power and popularity, into tlie opposite extreme, and MCI e committing violations, no less dangerous than tlie former, upon tlie Englisli con- stitution. Immediately lie devoleil liimself to the support of the king's falling antiioiity, and was pre- vailed witli to be governor to the young prince, and reside at court, to whicli, in the eyes of all men, bo pave by his presence, a new lustre and authority. Po liigli «:vs Ills cbaracler for mildness and liumanily, that he still jirescrved, by means of these popular vir- tues, the public favour; and every one was sensible of the true motive of bis ckxnge. Notwitbstaiidiiig his Iiabits of ease and study, be now exerted himself in raising an army for the king ; ami being named general of the westcin counties, where bis interest ehieily lay, ho began to assemble forces in Somersetshire. J!y the assistance of lord Seymour, lord Paulet, John Digby, son of the earl of Urislol, sir Francis llawley, and others, be b.ad drawn together some ajipeai-iuce of an nrniy ; when the iiarliamcnt, apprebcntive of the dan- ger, sent the earl of Ucdlbid with a considerable force against him. On his apiiroach, Ilertrord was obliged to retire into Sherborne castle; and, finding that pla« niiten.ablc. be himself jiasscd over into Wales, leaving (sir liali>h JFciiiton, sir John Eerhcley, Digby, and other officers, with their horse, consisliugof about a hundred and twenty, to niareli into Coinw.ill, in hopes of finding that county better prepared for their icccption. All the dispersed bodies of the parliamentary army were now ordered to march to Nortli.impton, and the earl of Kssex, who bad joined them, found the whole amount to fifteen thousand men. The hing, though Ids camp had been gradually re-enforced from all quar- ters, was sensible that he had no army whicli could cope with so formidable a force; and he thought it prudent, by slow marches, to retire to Derby, thence to Shrewsbury, in order to countenance the levies wbieh bis friends were making in those parts. At Welling- ton, .a day's march from Shrewsbniy, be made .a ren- dezvous of all bis forces, and caused his militai'y orders to be read at the head of every regiment. That be might bind himself by reciprocal ties, he solemnly made the following declaration before his whole army ; — ■ " I do promise, in the presence of Almighty Gcd, and as I hope for his blessing and protection, that I will, to the ntmost of my power, defend and maintain the true reformed protest.ant religion, established in (ho church of England, and, by the grace of God, in the same will live and die. " I desire that the laws may ever be the measure of my government, and that the liberty and property of the subject may be preserved by them with the same care as my own just rights. And if it please God, by bis blessing on this army, rjvised for my necessary de- fence, to preserve me from the present rebellion, I do solemnly and faithfully promise, in the sight of God, to maintain the just privileges and freedom of parlia- ment, and to govern, to the ntmost of my power, by tbo known statutes and customs of the kingdom, and particularly to observe inviolably the laws to which I have given my consent this parliament, ileanwhile, if this emergence, and the great necessity to which I am driven, beget any violation of l.aw, 1 hope it shall be imputed by God and man to the authors of this war; not to me, who have so earnestly laboured to preserve the pcaci' of the kingdom. "When I willingly f:,il i„ tl,ese particulars, I shall expect no aid or relief fioin man, nor any protection from .aliove: but in this resolution I bojie for the clieerful assistance of all good men, and am confident of the blessing of heaven." 'I'bongb the concurrence of the church nndoubtedly increased the king's adherentB, it may safely be af- firmed, that tbo high monaiehictl doctrines, so much inculcated by the clergy, bad never done bim any real service. The bulk of that generous train of iio- bibty and gentry who now attended the king in his distresses, lireathcd the spirit of libel tj', as w ell as of loyalty : and in the hopes alone of his submitting to a legal and limited government, were fbey willing, in bis defence, to s.acrifice their lives and fortunes. While the king's army hay at Shrewsbuij', and be was employing himself in ccllectiiig money, which be received, though in no great quantities, by voluntary contributions, and by the plate of the nniversities, which was sent bim, the news arrived of an action, the firf-t which had happened in these wars, and whero he was successful. On the appearance of commotions in England, the princes Itupert and INIanrice, sons of the nnfortunato palatine, had ctl'ered their service to the king ; and the former at that time commanded a body of horse, which had been sent to Worcester, in order to watch the motions of Essex, who was marebing towards that city. No sooner bad the prince arrived, than he saw some cavalry of the enemy approaching the gates. Without del.ay, he briskly attacked them, as they were defiling from a lane, and forming themselves. Co- lonel Sandys, who led them, and who fought with valour, being mortally wonnded, fell from bis horse. Tlie whole party was rented, and was iiursnrd above ■a mile. The jirince, bearing of Essex's aj.pioach, re- turned to the main body. 'This rencounter, though in itself of small importance, mightily raised the repu- tation of the royalists, and acquired to prince Hupert. the character of promptitude and courage; qualities which he eminently displayed during the whole course of the war. The king, on mustering his army, found it amount to ten thousand men. The earl of Lindesey, who in his youth had sought experience of military service in the Low Countries,* was general : prince Jtupert com maiided the horse: sir Jacob Astley, the foot: sir Arthur Aston, tlie dragoons : sir John Ileydon, the artillery. Lord Lcrnard Stuart was at the head of a troop of guards. The estates and revenue of this single troop, according to lord Claicndoirs computa- tion, were at least equal to those of all the nunibeis who, at the commencement of war, voted in both houses. Their servants, under the ct.mmand of sir William Killigrew, made another trouji, and always marched with their masters. Willi this army the king left Shrewsbury, (I2th October,) resolving to give battle as soon as possible to the army of the parliament, which, he heard, was continually augmenting by supplies from London. In order to firing on an action, be directed his march to- wards the capital, which, be knew, the enemy would not abandon to bim. Essex had now received his in- structions. The import of them was, to present a most humble jictition to the king, and to rescue bim and the royal family fiom those desperate malignants, who had seized their persons. Two d.ays after the de- p.irture of the royalists from Shrewsbury, ho left Worcester. Though it be commonly easy in civ 1 wars to get intelligence, the armies were within six miles of each other, ere either of the generals was ac(iuainled with the approach of his enemy. Shrews- bury and Worcester, the places from which they set out, are not above twenty miles distant ; yet bad the two armies marched ten days in this mutual igno- rance. So much had military skill, duiing a long peace, decayed in England. CATTLE or EDGE-IIILL. Oclob,, iS. 'The royal anuy lay near rjonbury : that of the par- liament at Keinton, in the coimly of Warwick. I'rince Uuiiert .sent intelligence of the enemy's approach. Though the d.ay was far advanced, the king resoIve(' He vv;i8 then Innl \ViIl(nto,l.ltr. CiJAi'. LVI.'J CHARLES I. 1C25-1G49 667 upon the attack. Kssex drew up liis men to receive liim. Sir Faithful I'oitt'scue, \vlio had levied a troop for the IrUli wars, liaaration in much greater order and abundance. Besides an imposition levied iu London, amounting to the five- and-tweutieth p.art of every one's substance, they established on that city a weekly assessment of ten thousand pounds, and another of twenty-three thou- sand five hundred and eighteen, on the rest of tho kingdom. And as their autliority was at present established in most counties, they levied these taxes with regularity; though they amounted to sums much greater than the nation had formerly paid to the public. NEGOCIATION AT OXFORD. 10-13. The king and p.arliamcnt sent rccii)rocaIly their de- mands: and a treaty commenced, but without any cessation of hostilities, as had at fiist been proposed. The earl of Northumberland, and four members of the lower house, came to Oxford as commissioners. In this treaty the king pci'petually insisted on the re- establishment of the crown in its legal powers, and on the restoration of his constitutional jn-erogative : the parliament still required new concessions, and a fur- ther abiidgmcnt of regal authority, as a more effectual remedy to their fears and jealousies. Finding the king supported by mere forces, and a greater party than they had ever looked for, they seemingly abated some- what of those e.xtr.avagaut conditions which they had formerly claimed ; but their demands were still too high for an equal treaty. Besides other articles, to wliich .a complete victory alone could entitle them, they required the king in express firms utterly tl abolish episcop.acy ; a demand which, before, they had only insinuated : and they required, tl-.at .all other ecclesiastical controversies should be determined by /Aeir assembly of divines; that is, in the manner tho most repugn.ant to the inclinations of the king and all his partisans. They insisted, that ho should submit to the punishment of his most faithful adherents. And they desired him to .acquiesce in their settlement or tlie militia, and to confer on their adherents the entire power of the sword. In answer to the king's pro- posal, that his magazines, towns, forts, and ships should be restored to him, the parliament requireit, that they should be put into such hands as they could I 668 THE HISTORY OF EXOLAXD [Chap. LVI. confide in : llic nineteen proiiosillon':, wliidi Uiey for- mcriy sent to tlie kin;;, sliowcil tlieii- inclinnlion to ubolisii nionaicliv : tlu'V only asked, at i>icscnt, the power of doin? it! Anil liavin;; now, in the eye of the law, been pu'ilty of treason, by levying ■n-ar against their soveieign, it is evident that tlieir fears and jea- lousies must on that account have niultijilied ex- tremely ; and have rendered tlieir personal safety, which 'tliey interwove with the safety of tlie nation, still moreinconipatilile wiili the authority of tlie mo- narch. Though the gentlene=.s and lenity of the king's temper might have insured them against sclicnies of future vcngoanec ; they jnefeired, as is, no doubt, na- tural, an independent seciuity, accompanied too with sovereign power, to the station of subjects, and that not entirely guarded from all apprehensioua of danger. [See note C F, at the end of Ihis Vol.] The conferences went no further than the first de- ni.and on each side. The parliament, finding tliat there •Has no likelihood of coming to any agreement, sud- denly recalled their commissioners. a' military enterprise, which they had concerted carlv in the si)ring, was immediately undertaken. Reading, the garrison of the king's which lay nearest to London, was esteemed a place of considerable strength in that age, when the art of attacking towns was iiot well understood in Europe, and was totally unknown in England. The carl of Essex sat down l)efore this place (I.=>tli April) with an army of eighteen thousand men ; and carried on the siege by regular approaches. Sir Arthur Aston, the governor, being wounded, colonel Fielding succeeded to the command. In a little time the town was found to be no longer in a condition of defence; and though the king ap- proached, with an intention of obliging Essex to raise the siege, the disposition of the parliamentary army was so strong, as rendered the design impracticable. Fielding, tlierefore, was contented to yield the town, (27th April,) on condition that he should bring off all the gai'rison with the hououvs of war, and deliver up deserters. Tliis lust article was thought so ignomi- nious and so prejudicial to the king's interests, that the governor was tried by a council of war, and con- demned to lose his life, for consenting to it. His sen- tence was afterwards remitted by the king. Essex's army had been fally supplied with nil neces- saries from London : even many superfluities and lux- nries were sent by the earo of the zealous citizens : yet the hardsliips which they suffered from the siege, during so early a season, had weakened them to such a degree, that they were no longer fit for any new enterprise. And the two armies, for some time, on- camped in the neiglibourhood of each other, without attempting, on either side, any action of moment. Besides the military operations between tiie prin- cipal armies, which lay in the centre of England, each county, each town, each family almost, was divided within itself : and the most violent convulsions sliook tlie whole kingdom. Throughout the winter, continual eiforts had everywhere been made hy each party to sur- mount its aut.agonist ; and the Englisli, roused from the lethargy of peace, with eager, though uusliilful hands, employed against their fellow-citizens their long-neg- lected weapons. The furious zeal for liberty and presbyterhan discipline, which had hitherto run uncon- trolled throughuut the nation, now at last excited an equal ardour for monarchy and episcopacy ; when the intention of .abolisiiiiig these ancient modes of govern- ment was openly avowed by the parliament. Con- ventions for neutrality, though in several counties they had be.n entered into, and confirmed by the most solemn oaths, yet, being voted illegal by the two houses, were immediately broken ; and the fire of dis- cord was spread into every riuarter. The altercation of discourse, the controversies of the pen, but, above rII, the declamations of the pulpit, indisposed the minds of men towards each other, aud projiagated the blind rej^e of paity. Fierce, however, aud iuflamed as were the dispositions of the English, by a war both civil and religious, that great destroyer of humanity ; all the events 01 tliis period are loss distinguished by atrocious deeds, either of treachery or cruelty, than were ever any intestine discords, which had so long a conti- nuance. A circumstance which will be Ibiind to re- flect great praise on the national character of tliat people, now so unhappily roused to arms. In the north, lord Fairfax commanded for the par- liament, the carl of Newcastle for the king. The latter nobleman began those associations which were afterwards so much practised in other parts of tlie king- dom. He united in a league for the king the counties of Northumberland, Cumberland, Westmoreland, and the bisliopric, and engaged some time after other counties in the same association. Finding that Fair- fax, assisted by Ilotham and the garrison of IIull, was making jjrogress in the southern parts of York- shire, he advanced with a body of four thousand men, and took possession of York. At Tadcaster he at- tacked tlie forces of the parliament, and dislodged them ; but his victory was not decisive. In other en- counters he obtained some inconsiderable advantages. But the chief benefit which resulted from his enter- prises was, the establishing of the king's authority iu all the northern provinces. In another part of the kingdom, loi'd Broke was killed by a shot, while he was taking possession of Lichfield for the parliament.* After a short combat, near StaflTord, between the earl of Northampton and sir John Gell, the former, who commanded the king's forces, was killed, while he fought with great valour, and liis forces, discouraged by his death, though they had obtained the advantage in the action, retreated into the town of .Stafford. Sir AVilliam Waller began to distinguish himself among the generals of the parliament. Active and in- defatig.able in his operations, rapid and enterprising, he was fitted by his genius to the nature of the war ; wliicli, being managed by r.aw troops, conducted by in- experienced commanders, afforded success to every bold and siidden undertaking. After taking Win- chester aud (;hichcster, he advanced towards Glouces- ter, which was in a manner blockaded by lord Her- bert, wlio had levied considerable forces in Wales for the roj'al party. While he attacked the Welsh on one side, a sally from Gloucester made impression on the other. Herbert w.as defeated ; five hundred of his men killed on tlie spot; a thousand taken prisoners ; and he himself escaped with some difheulty to Oxford. Hereford, esteemed a stiong town, defended by a con- siderable garrison, was surrendered to Waller; from the cowardice of colonel Price, the governor. Tew kes- bury underwent the same fate. Worcester refused him admittance ; and Waller, without jdaeing any garrisons in his new conquests retired to Gloucester, and he thence joined the army under the earl of Essex. VICTORIES OF THE ROYALISTS IN THE WEST. But the most remarkable actions of valour,dnring this winter-season, were performed in the west. When sir Ralph Hopton, with his small troop, retired inio Corn- wall before the earl of Bedford, that nobleman, despis- ing so inconsider.able a force, abandoned the pursuit, and committed the care of sn|ipressiug the royal party to the sherifi"s of the county. But the .affections of Cornwall were much inclined to the king's service. While sir Richard BuUer and sir Alexander Carew lay at Launceston, and employed themselves in exe- cuting the parliament's ordinance for the militia, a • He had takei pnssessi. n of Uchfitld. and was viewinp frcm a ulndow Suthad's liuri. dial, in which a party of the royalists had tot'.llied tliem- selves, lie was cased in ci miilele armour, but \yas shot throuph the eye tty a random l-all. Lord llrokc was a z.alinis puritan, and had forniLTly said, that he Iio;K-d to s e with his eves the ruin of all the cathedr.ilsof KoRland. It \yas a sup:r^titinus remark of the royalists, that he was kdled on St. Chad"! day hy a shot from Sl ehad's cathedral, w Inch pieiced that very eye by whii .% he hoped to sec the ruin of all cathedrals. Dc^id. p. Uy. Clarendon. &c. Chap. LVL] CHARLES I. lG-2-3— IG-J9. 6Ci9 meeting of tho county was assembled at Truro ; and after llopton produced liis commission from tlio earl of Hertford, the king's general, it was agreed to exe- cute tlie laws, and to expel these iuvailers of the county. Tlie train-bauds wore accordingly levied, Launcoston taken, and all Cornwall reduced to peace and to obedience under the king. It had been u>ual for the royal party, on the com- mencement of tliese disorders, to ehiim on all occa- sions tlie strict execution of the laws, whieli they knew were favourable to them ; and the parliament, rather than have recourse to the jilea of necessity, and avow the transgression of any statute, had also been accustomed to warp the laws, and by forced construc- tions to interpret them in their own favour. But though the king was naturally tlie gainer by such a me- tliod of conducting war, and it was by favour of law that the train-bauds were raised in C'oruwall, it ap- peared that those maxims were now prejudicial to the royal party. These troops could not legally, with- out their own consent, be can-ied out of the county ; and cousequently, it was impossible to push into Devonshire the advantage which they had obtained. The Cornish royalists, therefore, bethought themselves of levying a force which might be more serviceable. Sir lievil Granville, the most beloved man of that country, sir Halph Jlopton, Sir Nicliolas Slanning, Arundel, and Trevauniou, imdertoolc, at their own cliarges, to raise an army for the king ; and their great interest iu Corawall soon enabled them to eft'eet their purpose. The parliament, alarmed at this a])pearance of the royalists, gave a commission to Ifuthven, a Scotcliniau, governor of Plymouth, to march with all the forces of Dorset, Somerset, and Devon, and make an entire conquest of Cornwall. The earl of Stamford fol- lowed him at some distance with a considerable supply, lluthven, having entered Cornwall by bridges thrown over tho Tamar, hastened to an action ; lest Stamford should join him, and obtain the honour of that victory which he looked for with assurance. The royalists, in like manner, were impatient to bring the affair to a decision before Huthveu s army should receive so con- siderable a re-cnforeement. The battle was fought on Bradoc Down ; and the king's forces, though inferior ill nuniber,gave a total defeat to their enemies. Kutli- veii, with a few broken troops, fled to Saltash ; and when that town was taken, he escaped, with some difficulty, and almost alone, into riymouth. Stamford retired, and distributed his forcej into riyniuutli and I'lxcter. B.\TTLE OF STIIATTON. Ma;/ IG. Notwithslanding these, advantages, the extreme want both of money ami amiiiuiiitiun umler which tho Cornish royalists laboured, obliged them to enter into a convention of neutrality with the parliamentary part in Devonshire ; and tliis neutrality held all the winter- season. In the spring it was broken by tlie autho- rlty of the two houses ; and war recomnicuced with great appearance of disadvantage to tho king's pariy. Stamford, having assembled a strong body of near seven thousand men, well supjilied with money, pro- visions, and ammunition, advanced upon the royalists, who were not half his number, and were oii|iressed by every kind of necessity. Despair joined to the natural gallantry of these troops, commanded by the prime fjentry of the county, made them resolve, by one vigorous eft'.ji't, to overcome all these disadvantages. Stamford being encamped on the top of a high liill near Stratton, they attacked him in four divisions, rd five in the morning, having lain all night under arms. One division was commanled by lord Mohuii and sir P.ilph llopton, anotli -r by sir lijvil Granville and sir John Berkeley, a third by Slanning and Trevannion, a fourth by Basset and Godolphin. In this manner the action began ; the king's forces pressing with vigour llicse four ways up the hill, and their enemies obsti- nately defending themselvos. Tlie fight continued with doubtful success, till word was brou'dit to tli9 chief officers of the Cornish, that their ammunition was spent to less than four barrels of powder. Tiiia defect, which they concealed from the soldiers, they resolved to supply by their valour. They agreed to advance without tiring till they should reach the top of the hill, and could bo on (Mjual ground with the enemy. The courage of the officers was so well seconded by the soldiers, that the royalists began on all sides to gain ground. JIajor-general Chidley, who commanded the parliamentary army (for Stamford kept at a distance) failed not in his duty ; and when he saw his men recoil, he himself .advanced with a good stand of pikes, and piercing into the tliickest of the enemy, was at last overpowered by numbers, and taken prisoner. His army upon this disaster, gave ground apace ; insomuch tluit tho four parties of the royalists, growing nearer and nearer as they ascended, at lengtli met together upon the plain at tlie top ; where they embraced with great joy, and sisrnalized their victory with loud shouts and mutual congratu- lations. BATTLE OF L.\NSDOWN. Ju!;/ 5. After tliis success, tho attention both of kin"' and parliament was turned towards the west, as to a veiy important scene of actiou. The king sent thither tho marquis of Hertford and prince JIaurice with a re- enforcement of cavalry ; who, having joined tlie Corn- ish army, soon overran the county of Devon ; and advaucing into that of Somerset, began to reduce it to obedience. On tho other hand, the parliament having supplieil sir William Waller, in whom they much trusted, with a complete army, dis|iatclied him west- Wivrds, in order to check the progress of the royalists. After some skirmishes, the two armies met at Lans- down, near Batli, and fought a pitched battle, with great loss on both sides, but witliont any decisive event. The gallant Granville was there killed ; and llopton, by the blowing up of some powder, was dangerously hui't. The royalists next attempted to march eastwards, and to join their forces to the king's at Oxford ; but Waller hung on their rear, and Tn- fested their march till they reached the Devizes. Ke- enforced by additional troops, wliich flocked to h;m from all quarters, he so much surjiassed the royalists in number, that they durst no longer continue their march, or expose themselves to the hazard of an action. It was resolved, that Hertford and prince JIaurice should jirocecd with the ca\alry ; and liavinn- procured a re-enforcement fiom the' kin^', should hasten back to the relief of their friends. Waller was so confident of taking tliis body of infantry, now aban- doned by the horse, that he wrote to the parliament that their work was done, and that by the next post he would inform them of the number and quality of the prisoners. But the king, even before Hertford's arrival, hearing of the great difficulties to which his western army was reduced, had prepared a consider- able body of cavalry, which he immediately disjiatched to their succour under the command of lord Wilmot. Waller drew up on Itoundwaydown, about two miles from the Devizes; (13th July ;) and advancing with his cavalry to fight Wilmot, and jireyent his conjunc- tion with tho Cornish infantry, was received with equal valour by the royalists. After a sharp action he was totally routed, and flying with a few horse, escaped to Bristol. Wilmot, seizing the enemy's cannon, and having joined his friends, whom he came to relievo, attacked Waller's infantry with redoubled courage, drove them off the field, and routed and dis- persed the whole army. This important victory following so quick after many other successes, struck great dismay into tl-c parlia- ment, and gave an alarm to their principal a.my, coii- luanded by Essex. Waller exclaimed loudly agaiast 670 THE HISTORY OF ENGLAND. [Chap. LVl, that general, for nllowliig Wilmot to pass him, and proceed without any iiiternii)lion to the succour of tlio distressed infantry at the Devizes. But Ksscx, finding that his army fell continually to decay after the siege of Reading, was resolved to remain upon the defen- sive : and'^tlie weakness of the king, and his want of all military stores, had also restrained the activity of the royal army. No action had happened in that part of England, except one slcirmish, whicli of itself was of no great consequence, and was rendered memorable by the death alone of the famous Ilambden. Colonel Urrey, a Scotchman, who served in the par- liamentary army, having received some disgust, came to Oxford, and oiiered his services to the king. In order to i)rovc the sincei-ity of his conversion, lie in- formed prince Rupert of tlie loose disposition of the eneuiv's quarters, and exhorted him to form some attempt upon them. Tlia prince, who was entirely fitted for that kind of service, falling suddenly upon the dispersed bodies of Essex's army, routed two regi- ments of cavalry and one of infantry, and carried his ravages within two miles of the general's quarters. The alarm being given, every one mounted on horse- back, in order to pursue the prince, to recover the prisoners, and to rei)air the disgrace which the army had sustained. Among the rest, Ilambden, who had aregiment of infantry that lay at a distance, joined the hoiso as a volunteer ; and overtaking the roj-alists on Clialijrave field, entered into the thickest of the battle. By the bravery and activity of Rupert, the king's troops were brought off, and a great booty, together with two hundred piisoncrs, was conveyed to O.xford. But what most pleased the royalists was, the expecta- tion that some disaster had happened to Ilambden, their capital and much-dreaded enemy. One of the pi-isoners taken in the action said, that lie was con- fident Mr. Hambden was hurt : for he saw him, con- trary to his usual custom, ride off the field, before the action was finished ; his head hanging down, and his hands leaning upon his hoi'se's neck. Next day, the news arrived, that he was shot in the shoulder witli a brace of bullets, and the bone broken. Some days after, he died, iu exquisite pain, of lis wound ; nor could his wl'.ole party, had their army met with a total overthrow, li.ave been thrown into greater consterna- tion. The king himself so highly valued him, tliat cither from generosity or policy, he intended to have sent him his own surgeon to assist at his cure. Many were the virtues and talents of this eminent personage ; and his valour, during the war, had shone out with a lustre equal to that of the other accom- plishments by wdiich he had ever been distinguished. AflTability in conversation ; temper, art, and eloquence in debate ; penetration and diseeniment in council ; industry, vigilance, and enterprise in action ; all these praises are unanimously ascribed to him by historians of the most opposite parties. His virtues too, and in- tegrity, in all the duties of private life, are allowed to have been beyond exception: we must only be cau- tious, notwithstanding his generous zeal for liberty, not hastily to ascribe to him the praises of a good citi- zen. Through all the horrors of civil war, lie sought the abolition of monarchy, and subversion of the con- stitution ; an end which, had it been attainable by peaceful measures, ought carefully to have been avoided by every lover of his country. But whether in the pursuit of this violent enterprise, he was actu- ated by private .ambition, or by honest prejudices, de- lived from the formi-r exorbitant powers of royalty, it belongs not to an historian of this age, scarcely even io an intimate friend, positively to determine.' [See twte 6 G, at the end nf this Vol .] BRISTOL TAKEN. July 25. Essex, discotiraged by this event, dismayed by the total rout of Waller, was farthci- informed, tha't the (juoen. who landed in BurUngton-bay, had arrived at Oxford, and had brought from the north a rc-cnforco- ment of three thousund foot and fifteen hundred horse. Dislodging from Thame and Aylesbury, where lie had hitherto lain, he thought proper to retreat nearer to London, and he showed to his friends his broken and disheartened forces, whicli a few months before lie had led into the field in so flourishing a condition. Tlio king, freed from this enemy, sent his army westward i.nder prince Rupert, and, by their conjunction with the Cornish troops, a formidable force, for numbers a« well as reputation and valour, was composed. That an enterprisecorrespondent to men's expectations might be undertaken, the prince resolved to lay siege to Bristol, the second town for riches and greatness in the king- dom. Nathaniel Fienncs, son of lord Say, he himself, as well as his father, a great parliamentary leader, was governor, and commanded a garrison of two thousand five hundred foot, and two regiments, one of horse, another of dragoons. The fortifications not being complete or regular, it was resolved by prince Rupert to storm the city ; and next morning, with little other provisions suitable to such a work, besides the courage of the troops, the assault began. The Cornish, ia three divisions, attacked the west side, with a resolu- tion which nothing could control : but though the middle division had alread}' mounted the wall, so great was the disadvantage of the ground, and so brave tho defence of the garrison, that in the end tlie assailants were repulsed with a considerable loss both of oifieers and soldiers. On the prince's side, the assault was conducted with equal courage, and almost with equal loss, bnt with better success. One party, led by lord Grandison, was indeed beaten off, and the commander himself mortally wounded : another, conducted by colonel Bellasis, met with a like fate ; but Washing- ton, with a less party, finding a place in the curtain weaker than tlie rest, broke in and quickly made room for the horse to follow. By this irrn]jtion, howevei', nothing but the suburbs was yet gained ; the entrance into the town was still more difficult; and by the loss already sustained, as well as by the prospect of fur- ther danger, every one was extremely discouraged ; when, to the great joy of the army, the city beat a par- ley. Tho gamson was allowed to march out with their arms and baggage, leaving their cannon, ammu- nition, and colours. For this instance of cowardice, Fiennes ^vas afterwards tried by a court-martial, and condemned to lose his head ; but the sentence was re- mitted by tlie general. General complaints « ere made of violences exercised on the garrison, contrary to tho capitulation. An apo- logy was made by the royalists, as if these were a re- taliation for some violences committed on theii' friends at the surrender of Reading. And under pretence of like retaliations, but really from the extreme animosity of the parties, were such irregularities continued dur- ing the whole course of the war. The loss sustained by tho royalists, in the assault of Biistol, was considerable. Five hundred excellent soldiers perished. Among those of condition were Gr.andison, Slanning, Trevannion, and Moylo; Bel- lasis, Ashley, and sir John Owen, were wounded : yet w as the success, upon the whole, so considerable, as mightily raised the courage of the one party, and de- pressed that of the other. The king, to show that he was not intoxicated with good fortune, nor aspired to a total victory pver the parliament, published a mani- festo, in wiiich he renewed the protestation, formerly taken, with great solemnity, at the head of his army, and expressed his firm intention of making peace upon the re-est,ablishment of the constitution. Having joined the camp at Biistol, and sent prince JIaurico with a detachment into Devonshire, he deltbeiated how to employ the remaining forces in an enterprise of mo- ment. Some proposed, .and seemingly with reason, to march directly to Loudon ; wliere everything was in confusion, where the army of t!:c jiaiiianient wa.s ballied, weakened, mid dismayed, and w here, it was Ciiw L\l.] CEATILES I. 162.5—1649. C71 presentwl an easier, yet a very important conquest It was tlie only remaining ^arrifon possessed by tlie p.irliainent in those parts. Could that city be reduced, the liing lield the wliole course of the Severn under his command : the ricli and malcontent counties of the west, havinnf lost all protect ion from tlieir friends, niiyht he forced to pay high contributions, asan atone- ment fur their disatVeetion; and open couiniuuicatiou could be preserved between Wales and these new con- quests; and half of the kingdom, being entirely freed from the enemy, and thus united into one firm body, might be employed in re-establishing tlie king's au- tliority tlij-ougliout tlio remainder. These were the reasons for embracing tliat resolution, fatal, as it was ever esteemed, to the royal party. SIEGE or GLOUCESTER. The governor of Gloucester was one JTassey, a sol- dier of fortune, who, liel'ore ho engaged with the par- liament, had oil'ered his service to tlie king; and as ho was free from the fuiues of cuthusiasni, by which most of the officers on that side were iuto.\icatid, lie would lend an ear, it was presumed, to proposals for accoin- modation : but Massey was resolute to preserve an en- tire fidelity to his masters; .and though no enthusiast himself, he well kuew how to cniijloy to adv.autage that enthusiastic spirit so prevalent in his city and garrison. The summons to surrender, (lOtli August,) allowed two hours for an answer; but before that time expired, there appeared before the king two citizens, Avith lean, pale, sharp, and dismal visages : faces, so strange and nncouth, according to lord Clarendon ; figures, so habited and accoutred, as at once moved the most severe countenance to mirth, and the most cheerful heart to sadness : it seemed impossible that such messengers could bring less than a defiance. The men, without any circumstance of duty or good man- ners, in a pert, shrill, undismayed accent, said, that they brought an answer from the godly city of Glou- cester: and extremely ready were they, according to the historian, to give insolent and seditions replies to any question ; as if their business were chiefly by pro- voking the king, to make him violate his own safe- conduct. The answer from the city was in those words: "We, the inhabitants, magistrates, officers, and soldiers, within the garrison of Gloucester, unto his majesty's gracious message return this humble an- swer; that we do keep this city according to our oaths and .allegiance, to and for the use of his majesty, and of his royal posterity: and do .accordingly conceive ourselves wholly bound to obey the commands of his majesty, signified liy both houses of parliament : and are resolved, by God's help, to keep this city accord- ingly." After these preliminaries, the siege was reso- lutely undertaken by the army, and as resolutely sus- tained by the citizens and garrison. When intelligence of the siege of Gloucester arrived in London, the consternation among the inh.ibitants W.TS as great as if the enemy were already at their gates. The rapid progress of the royalists threatened tho parliament with immediate subjection : the fac- tions and discontents among themselves, in the city, and throughout the neighbouring counties, prognosti- cated some dangerous division or insurrection. Those parliamentary leaders, it must be owned, who had in- troduced such mighty innovations in the English con- stitution, and who had projected so much greater, had not enga-ed in an enterprise which exceeded their conrage and capacity. Great vi-,'oiir, from the begin- ning, as well us wisdom, they had displayed in all their 1 power, had directed all their military operations, and had preserved a secrecy in deliberation, and a ]iioniptitude in execution, beyond wliat the king, nutwithstauding the advantages pos- sessed by a single leader, had over been .able to attain. Sensible that no jealousy was by their jiartisans enter- tained against them, they had on all occasions e.\ei ted an authority much more despotic than the royalists, even during the pressing exigencies of war, could with patience endure in their sovereign. Wh^;ever incurred their disiileasiire, or w.as exposed to their suspicions, was committed to prison, and prosecuted under the notion of delinquency: after all the old jails were full, many new ones were erected : and even the ships were crowded with the royalists, both gentry and clergy, who languished below decks, and peri- bed in those unhealthy coiifinements : they imjiosed t.axes, the heaviest, and of the most unusual nature, by an ordi- nance of the two houses : they voted a commission for sequestrations ; and they seized, wdierever they had power, the revenues of all the king's party :* and know- ing that themselves, and all their adlierent.s, were, by resisting the prince, exposed to the jieualties of laws, they resolved, by a severe administration, to overeomo these terrors, and to retain the people in obedience, by penalties of a more immediate execution. Jn the be- ginning of this summer, a combination, formed against them in London, had obliged them to exert the pleni- tude of their authority. Edmund Waller, the first refiner of English versifi- cation, was a member of the lower house; a man of considerable fortune, and not more distinguished by his poetical genius than his p.arliamentary talents, and by the politeness and eleganceof his manners. As full of keen satire and invective in his eloqueuce, as of ten- derness and panegyric in his poetry, he caught the at- tention of his hearers, and exerted the utmost boldness in blaming those violent counsels by which the eons- nions were governed. Finding all opposition within doors to be fruitless, he endeavoured to form a party ■without, which might oblige the parliament to accept of re.ason.able conditions, and restore peace to the na- tion. The ch.arms of his conversation, joined to his character of courage and integrity, had procured him the entire confidence of Northumberland, C'ouw.ay, and evcj-y eminent person of either sex, who resided in London. They opened their breasts to him without reserve, and expressed their disajiprobation of the furious measures pursued by the commons, and their wishes that some expedient could be found for stopping so impetuous a career. Tomkins, A\'aller's brother-in- law, and Chaloner, the intimate friend of Tomkins, had entertained like sentiments : and as the connexions of these two gentlemen lay chiefly in the city, they in- formed Waller, that the same abhorrence of war pre- vailed there, among .all men of reason and moderation. Upon reflection it seemed not impracticable, that a combination might be formed between the lords and citizens ; and, by mutual concert, the illegal taxes be refused, wiiich the parliament, without the royal as- sent, imposed on the people. While this .affair was in .agitation, and lists were m.aking of such as they con ceived to be well aflx-cted to their design, a servant of Tomkin.s, who h.ad overheard their discourse, imme- diately carried intelligence to Pym. W;iller, Tomkins, and Chaloner were seized, and tried by a court-martial. They were all three condemned, and the two latter e.xecuted on gibbets erected before their own doors. A covenant, as a test, was takenf by the lords and • The kln^r aftenvarils coDied from this example ; but, as the far rrtAtet partof thein.liiluy anj landed gentry uere bis fncmli, he iiaiicd much Iiei pr)ht from this measure. t Utb Jiuie. C72 THE HISTORY OF ENGLAND. fCHAr. LVl. COinmons, and imposed on tlicir army, and on all "ho lived witliin their quarters. Besides resolving' to amend and retonn tlieii- lives, the eovonanters tlieie vow, that they will never lay down their arms so lonfj as tlio papists, now in open war against the jiarliament, shall, by force of arms, be protected from justice ; they ex- press their abhorrence of the late conspiracy; and they promise to assist to the utmost the forces raised by botli houses, against the i'orces levied by the king. Waller, .as soon as imprisoned, sensible of the great danger into which he had fallen, was so seized with the dre.ad of death, that all his former spirit deserted him ; and ho confessed whatever he knew, without sparing his most intimate friends, without regiird to the confidence reposed in him, without distinguishing between the negligence of familiar conversation, and the schemes of a regular conspiracy. With the most profound dissimulation, he counterleited such remorse of conscience, that his execution was put off, out of mere Cliristian conip.assion, till he miglit recover the use of his understanding, lie invited visits from the ruling clergy of .all sects; and while he expressed his own penitence, he received their devout exhortations with hmnility and reverence, as conveying clearer con- viction and information than in his life he had ever before attained. Presents too, of which, as well as of flattery, these holy men were not insensible, were dis- tributed among them ; as a small retribution for their prayers and gliostly counsel. And by all tlicse arti- fices, more than from any regard to the beauty of his genius, of which, during that time of furious cant .and faction, small .account would be made, he prev.ailed so far as to have his life spared, and a fine often thousand pounds acce])ted in lieu of it. The severity exercised against the conspiracy, or rather project, of Waller, increased the autiiority of the parliament, .and seemed to ensure tliem against like attempts for the future. Cut by the progress of the king's arms, the defeat of sir William Waller, the taking of Bristol, the siege of Gloucester, .a cry fur peace was renewed, and with more violence than ever. Crowds of women, with a petition for that purpose, flocked about the house, and were so clamorous and importunate, that ordei's were given for dispersing them : and some of the females were killed in the fray. Bedford, Holland, and Conw.ay had deserted the par- liament, and had gone to O.xford ; Clare and Lovelace liad followed them. Northumberland had retired to his country-seat : Esse.x himself showed cxtieme dis- satisfaction, and exhorted the parliament to make peace. The ujipcr house sent down terms of accommoda- tion more moderate than h.ad hitherto been insisted on. It even passed by a m.njority among the commons, that these proposals sliould be transmitted to the king. The zealots took the alarm. A petition agairist peace was framed in the city, .and presented by Pennington, the factious mayor. Jlultitudes attended him, and re- newed all the former menaces against the moderate party. The pulpits thundered, and rumours were spread of twenty thousand Irish, who had landed, and were to cut the throat of every protestant. The m.a- jority w:us again turned to the otlier side ; .and .all thoughts of p.acification being dropped, every prepara- tion was made for resistance, and for the immediate relict of Gloucester, on which the parliament was sen- sible all their hopes of success in the war did so much depend. JIassey, resolute to make a vigorous defence, and liaving under his command a city and garrison ambi- tious of the crown of martyrdom, had hitherto main- tained the siege with courage and abilities, and had much retarded the .advances of the king's army. By continu.al sallies, he infested them in tiieir trenches, .and gained sudden advantages over them : by disputing every inch of ground, he repressed the vigour and ala- crity nf their courage, elated by former successes. His garrison, however, was reduced to the last extremity ; iind he failed not, from time to time, to inform the liarliament, that, unless speedily relieved, he should bo necessitated, from the extreme want of provisions and annnunition, to ojien his gates to the enemy. The jiarliament, in order to repair their broken con ditiun, and put themselves in a posture of defence, now exerted to the utmost their power and authority They voted that an .army should be levied under sii William Waller, whom, notwithstanding his misfor tunes, they loaded with extraordinary caresses. Hav- ing associated in their cause the counties of Hertford, Essex, Cambridge, Norfolk, Sutfollc, Lincoln, and Huntingdon, they gave the eail of Manchester a com- mission to be general of the association, and appointed an army to be levied under his command. ]5ut, above all, they wore intent that Essex's army, on wdiich their whole fortune depended, should be put in a condition of marching against the king. Tliey excited afresh their preachers to furious declamations against the royal cause. They even employed the expedient of pressing, though .abolished by a late law, for which they had strenuously contended. And they engaged the city to send four regiments of its militia to the re- lief of Gloucester. All shops, meanwhile, were ordered to be shut ; and every man expected, with the utmost anxiety, the event of that important enterprise. Essex, carrying with him a well-appointed army of fourteen thousand men, look the road of Bedfoid and Leicester ; and though inferior in cavalry, yet by the mere force of conduct and discipline, he passed over those open champaign countries, and defended him- self from the enemy's hoi'se, who advanced to meet him, and who infested him during his whole m.arch. As he approached to Gloucester, the king was obliged to raise the siege, and open the way for Essex to enter that city. The necessities of the garrison were ex- treme. One barrel of powder was their whole stock of ammunition remaining ; and their other provisions were in the same proportion. Essex had brought with him military stores; and the neighbouring country abundantly supplied him with victuals of ever}' kind. The inhabitants had carefully concealed all provisions from the king's army, and pretending to be quite ex- hausted, had reserved their stores for that cause which they so much favoured. The chief difficulty still remained. Essex dreaded a battle with the king's army, on account of its great superiority in cavalry ; and ho resolved to return, if possible, without running that hazard, lie lay five days at Tewkesbury, which was his first stage after leaving Gloucester ; and he feigned, by some prepara- tions, to point towards Worcester. By a forced m.arch during the night, ho reached Cirencester, and obtained the double advantage of passing unmolested an open country, and of surprising a convoy of provisions which lay in that town. Without delay he proceeded towards London ; but when ho reached Newbury, he was sui'prised to find that the king, by hasty marches, had ari-ived before him, and was already possessed of the place. BATTLE OF NEWBUUY. September 20. An action was now unavoidable ; and Essex prejiared for it with presence of mind, and not without military conduct. On both sides, the battle was fought witli desperate valour and a steady bravery. Essex's horse were several times broken by the king's, but his in- fantry maintained themselves in firm array ; and, be- sides giving a continued fire, they presented an invin- cible rampart of pikes against the furious sliock of prince Rupert, and those g.allant troops of gentry, of which the royal cav.alry was chiefly comjiosed. The militia of London especially, though utterly unac- qu.ainted with action, though drawn but a few days be- fore from their ordinary occupations, yet having learned all military exercises, and being animated with imconq\ierable zeal for the cause in w hich they were eng.aged, equalled, on this occasion, what could be ex- Chap. LVI.] CHARLES I. 1625-1649. 673 yected from tlie most veteran forces. AV'liile the armies were ciiijagcd with the utmost ardour, U'ght put an end to the action, and left the victory undecided. Ne.\t moruing, ICsse.K proceeded on Ids marcli ; and though his rear was ouce put in some disorder by an incursion of the king's hoi*se, he reached London in safety, arid received apphiuse for his conduct and success iu the whole enterprise. The king followed liini on his march ; and having taken possession of Reading, after tlie earl left it, he there established a garrison ; and straitened, by that means, London, and tho quarters of the enemy. In the battle of Newbury, on the part of the king, besides the earls of Sunderland and Carnarvon, two noblemen of promising hopes, were unfortunately slain, to tho regret of every lover of ingenuity and virtue throughout the kingdom, Lucius Gary, viscount Falk- land, secretary of state. Before assembling the pre- sent parlianii'nt, this man, devoted to the pursuits of learning, and to the society of all the polite and ele- gant, had enjoyed himself in every pleasure, which a fine genius, a generous disposition, and an opulent for- tune could afford. Called into public life, he stood foremost in all attacks on the high prerogatives of the crown ; and displayed that masculine eloquence, and undaunted love of liberty, which, fi'om his intimate ac- quaintance witli the sublime spirits of antiquity, he had greedily imbibed. When civil convulsions proceeded to extremities, and it became requisite for him to choose his side ; he tempered the ardour of his zeal, and embraced the defenceof those limited powers which remained to monarchy, and which he deemed necessary for the support of the English constitution. Still anxious, however, for his country, he seems to have dreaded the too prosperous success of his own party as much as of the enemy ; and, among his intimate friends, often, after a deep silence and frequent sighs, he would, with a sad accent, reiterate the word Peace. In excuse for the too free exposing of his person, which seemed unsuitable in a secretary of state, he alleged, that it became him to be more active than other men in all hazardous enterprises, lest his impatience for peace might bear the imputation of cowardice or pusillani- mity. Frjm the commencement of the war, his natu- ral cheerfulness and vivacity became clouded; and even his usual attention to dress, required by his birth and statioa, gave way to a negligence which was easily observable. On the morning of the battle in which he fell, he had shown some care of adorning his person: and gave for a reason, that the enemy should not find his body in any slovenly, indecent situation. "I am weary," subjoined he, " of the times, and foresee much misery to my country ; but believe, that I shall be out of it ere night." This excellent person was but thirty- four years of age when a period was thus put to his life. The loss sustained on both sides in the battle of Newbury, and the advanced season, obliged the armies to retire into winter-quarters. ACTIONS IN THE NORTH. In tho north, during this summer, tho great interest and popularity of the earl, now created marquis of Newcastle, had raised a considerable force for the king ; and great hopes of success were entertained from that quarter. There appeared, however, in opposition to liini, two men, on whom the event of the war finally depended, and who began about this time to be re- marked for their valour and military conduct. These were sir Thomas Fairfax, son of the lord of that name, and Oliver Cromwell. The former gained a consider- able advantage at Wakefield * over a detachment of roy- alists, and took general Goring prisoner; the latter ob- tained a victory at (lainsborought over a party coni- laanded by the gallant Cavendish, who perislied in the action. But both these defeats of the royalists were • 21ito< Mir tSlJtot July Vol. I. more tlian sufficiently compensated by the total rout of lord Fairla.^ at Atherton-moor," and the dispersion o£ his army. After this victory, Newcastle, with an army of fifteen thousand men, sat down before Hull, ilo- tliam was no longer governor of this jilace. That gentleman and his son, partly from a jealousy enter- tained of lord Fairfax, partly repenting of their en- gagements against the king, had entered into a eoiTe- spondence with Newcastle, and had expressed an in- tention of delivering Hull into his hands. But their conspiracy being detected, they were arrested and sent prisoners to London ; wheie, without any regard to their former services, they fell, both of them, victims to the severity of the parliament. Newcastle, having carried on the attack of Hull for some time, was beat off by a sally of the garrison.t and suffered so mucli, that he thought proper to raise the siege. About the same time, Manchester, who advanced from the eastern associated counties, having joined Cromwell and young Fairfax, obtained a cousiderablo victory over the royalists at Ilorneastle ; where the two oflicers last-mentioned gained renown by their conduct and gallantry. And though fortune had thus balanced her favours, the king's party still remaiuud much su- perior in those parts of England ; and had it not been for the garrison of Hull, which kept Yorkshire in awe, a conjunction of the northern forces with the army in the south might have been made, and had probably enabled the king, instead of entering on the unfortu- nate, perhaps imprudent, enterprise of Gloucester, to march directly to London, and put an end to the war. While the military enterprises were carried on with vigour in England, and the event became every day more doubtful, both parties cast their eye towards the neighbouring kingdoms, and sought assistance for the finishing of that enterprise, in winch their own forces experienced such furious opposition. The parliament had recourse to Scotland ; the king, to Ireland. When the Scottish covenanters obtained that end, for which they so earnestly contended, the establishment of Presbyterian discipline in their own country, they were not satisfied, but indulged still an ardent passion for propagating, by all methods, that mode of religion in the neighbouring kingdoms. Having flattered them- selves, in the fervour of their zeal, that, by supernatu- ral assistances, they should be enabled to carry their triumphant covenant to the gates of Rome-itself, it be- hoved them first to render it prevalent in England, which already showed so great a disposition to receive it. Even in the articles of pacification, they expressed a desire of uniformity in worship with England ; and the king, employing general expressions, had approved of this inclination, as pious and laudable. No sooner was there an appearance of a rupture, than tlie Eng- lish parliament, in order to allure that nation into a close confederacy, openly declared their wishes of ec- clesiastical reformation, and of imitating the example of their northern brethren. When war was actually commenced, the same artifices were used ; and the Scots beheld, with the utmost impatience, a scene of action, of which they could not deem themselves indif- ferent spectators. Should the king, they said, be able, by force of arms, to jn-evail over the parliament of England, and re-establish his authority in that power- ful kingdom, he will undoubtedly retract all those con- cessions, which, with so many circumstances of vio- lence and indignity, the Scots have extorted from him. Besides a sense of his own interest, and a regard to royal power, which has been entirely annihilated in this country ; his very passion for prelacy and for re- ligious ceremonies, must lead liim to invade a church which he has ever been taught to regard as antichria- tian and unlawful. Let us but consider who the per- sons are tliat compose the factions now so furiously engaged in arms. Docs not the parliament consist of those very men who have ever opposed all war with • aOcnorjitnis. X ?3iul of Jan0 t I2lli ijf Orlobei; 4 It 674 THE HISTORY OF ENGLAND [CiiAr. LVI, Scotlami, ^ho l.ave punished tlie auf l.o.s of our opp. cs- Bions.^vLo have ohtah.ed us the redress ot every griev- ance and who.witli many honourahk expressions ha^ c conferred on ..s an an.ple reward U,r our brother yas- sislanee ! And is not the court full of papists, prelates, inaliKnants; all of tl.oin zealous enemies to our reli- Eious model, and resolute to sacnhce their lives lor fheir idolatrous establishments? Not to mention our own neeessary security; can we better express our cratitude to Heaven for tlial pure light with «hieh we are, above all nations, so eminently distiuguished, than by conveying the same divine knowledge to our un- happy neighbours, who arc wading through a sea of blood in order to attain it? These wore, in Scotland, the topics of every convcrsatipn : with these doctrines the pulpits echoed: and the famous curse of Meroz, that curse so solemnly denounced and reiterated against neutraUty and moderation, resounded from all quarters.* . ., , ,, The parliament of England had ever invited the Scots, from the corameucement of the civil dissensions, to interpose their mediation, which, they knew, would be so little favourable to the king : and the king, for that very reason, had ever endeavoured, with the least offensive expressions, to decline it. Early this S]iring, the earl of Loudon, the chancellor, with other commis- sioners, and attended by Henderson, a jiopular and in- triguing preacher, was sent to the king at Oxford, and renewed the offer of mediation ; but with the same success as before. The commissioners were also em- powered to press the king on the article of rehgion, and to recommend to him the Scottisli model of eccle- siastic worship and discipUne. This was touching Charles in a very tender point : his honour, his con- science, as well as his interest, he believed to be inti- mately concerned in supporting prelacy and the Uturgy. [See note a 11, at the end of this Vol.'] He begged the commissioners, therefore, to remain satisfied with the concessions which he had made to Scotland ; and, haT- ing modelled their own church according to their own principles, to leave their neighbours in the like liberty, and not to intermeddle with affairs of which they could not be supposed competent judges. The divines of Oxford, secure, as tlipy imagined, of a victory, by means of their authorities from church liistory, their quotations from the fathers, and their spiritual arguments, desired a conference with Hender- son, and undertook, by dint of reasoning, to convert that great apostle of the north : but Henderson, who had ever regarded as impious, the least doubt with regard to his own principles, and who knew of a much better way to reduce opponents than by employing any theological topics, absolutely refused all disputation or controversy. The English di\iiic3 went away full of admiration at the blind assurance and bigoted preju- dices of the man : he, on his part, was moved with equal wonder at their obstinate attachment to such palpable errors and delusions. By the concessions which the king had granted to Scotland, it became necessary for him to summon a piii'liameut once in three years ; and in June of the subsequent, year was fixed the period for the meeting of that assembly. Before that time elapsed, Clinrles flattered himself that he should be able, by some deci- sive advantage, to reduce the English parliament to a reasonable submission, and might then expect, Mlth security, the meeting of a Scottish parliament. Though earnestly solicited by Loudon to summon presently that great council of the nation, he absolutely refused to give authority to men who had already excited such dangerous commotions, and who showed still the same disposition to resist and invade his authority. The commissioners, therefore, not being able to jire- vail in any of their demands, desired the king's pass- port for London, where they purposed to confer with • "Cuneye Mfroi, said the angcl nf the Lord; curse ye bitterly the iiih.ihi- tants lh«ie«'f : becMiicthey came not to tl.e help nf the Lord, to thchtli)of thel/3til against the mijillty." Jufl^esi ch. v. va- 2:1. the English parliament ; and being likewise denied tliis request, they returned with extreme dissatisfaction to Edinburgh. The office of conservators of the peace was newly erected in Scotland, in order to maintain the confede- racy between the two kingdoms; and these, instigated by the clergy, were resolved, since they could not ob- tain the king's consent, to summon, in his name, but by their own authority, a convention of states ; and to bereave their sovereign of this article, the only one which remained of his prerogative. Under colour of providing for national peace, endangered by the neigh- bourhood of English armies, was a convention called ; an assembly which, though it meets with less solemnity, has the same authority as a jiarliament, in raising mo- ney and levying forces. Hamilton, and his brother, the earl of Laneric, who had been sent into Scotland in order to oppose these measures, wanted either autho- rity or sincerity ; and passively yielded to the torrent. The general assembly of the church met at the same time with the convention, and, exercising an authority almost absolute over the whole civil power, made every political consideration yield to theii- theological zeal and prejudices. SOLEMN LEAGUE AND COVENANT. The English parliament was, at that time, fallen into great distress, by the progress of the royal arms; and they gladly sent to Edinburgh commissioners, with ample powers, to treat of a nearer union and confede- racy with the Scottish nation. The persons employed were the earl of Rutland, sir William Armyne, sir- Henry Vane the younger, Thomas Hatcher, and Henry Darley, attended by Marshal and Nye, two clergymen of signal authority. In this negociation, the man cliieHy trusted was Vane, who, in eloquence, address, capacity, as well as in art and dissimulation, was not surpassed by any one, even during that age, so fa- mous for active talents. By his persuasion was framed at Edinburgh, that Solemn League and Covenant, which effaced all former protestations and vows taken in both kingdoms ; and long maintained its credit and authority. In this covenant, the subscribers, besides eufagiug mutually to defend each other against all op- ponents, bound themselves to endeavour, without re- spect of persons, the extirpation of popei-y and prelacy, superstition, heresy, schism, and profaueuess; to main- tain the rights and privileges of parliaments, together with the king's authority ; and to discover and bring to justice all incendiaries and malignants. The subscribers of the covenant vowed also to pre- serve the reformed religion established in the church of Scotland; but, by the artifice of Vane, no declara- tion more explicit was made willi regard to England and Ireland, than that these kingdoms should be re- formed, according to the word of tJod, and the example of the purest churches. The Scottish zealots, when prelacy was abjured, deemed this expression quite froo from ambiguity, and regarded their own model as the only one whicli corresponded, in any degree, to such a description: but that able politician had other views, and while he employed his great talents in over-reach- ing the presbyterians, and secretly laughed at their simplicity, he had blindly devoted himself to the maintenance of systems still more absurd and nioro dangerous. In the English parliament there remained some members, who, though they had been induced, either by private ambitinn, or by zeal for civil liberty, to con- cur with the majority, still retained an attachment to the hierarchy, and to the ancient modes of worship But, in the present danger whicli tlireatencd their cause, till scruples were laiil aside ; and the covenant, by whose means alone they could expect to obtain so considerable a re-enforcement as the accession of the Scottish nation, was received without opposition. (17th ■UAP. ],VI.] CHARLES I. 1625—1649. 675 S/-ptemI)er.) Tlio parliament, tlierefore, having first eiiljsci-ilx'd it llR-msL'Ives, onlered it to be received hy all who lived under tlieir autlierity. AUMING OF THE SCOTS. Great were the rejoicings among the Scots, that t'ney Blioiild bo the liaiipy instruments of extending their mode of rehgion, and dissipating that profound daric- liess in which tlie neighbouring nations were involved. The general assembly applauded this glorious imitation of the jiiety displayed by their ancestors, who, thev said, in three difi'ercnt applications, during the reign of Elizabeth, bad endeavoured to engage the English, by persuasion, to lay aside the use of tiie sur]ilice, tippet, and corner-cap. The convention too, in the height of tlieir zeal, ordered every one to swear to tliis covenant, xmdi'r the penally of confiscation ; beside wliat furtlicr punishment it sliould jilease the ensuing parliament to inllict on tlie refusers, as enemies to God, to tlio Icing, aupiness of both. The justices and council of Ireland had been en- gaged, chieliy by the interest and authority of Ormond, to fail into an entire dependence on the king. Parsons Tcmiile, Loftus, and Meredith, who favoured the oppo- site party, liad been removed ; and Charles bad sup- plied their place by others better aflectcd to his ser- vice. A committee of the English house of commons, wliicli had been sent over to Ireland, in order to con- duct the affairs of that kingdom, bad been excluded the council, in obedience to orders transmitted from the king. And these were reasons sufficient, besides the great difficulties nnder which they themselves laboured, why the parliament was unwilling to send siipiilies to an army which, though eng.iged in a cause nnich fiivoured by them, was commanded by their de- clared enemies. Tbey even intercepted some small succours sent thither by the king. The king, as lie had neither money, arms, ammuni- tion, nor provisions to spare from his own urgent wants, resolved to embrace an expedient, w hich niigiif at once relieve the necessities of the Irish protest.ants, and con- tribute to the advancement of his affairs in England. A truce willi the rebels, he thought, would en.ablo his subjects in Ireland to provide for their own support, and would procure him the assistance of the army against the English parliament. But as a treaty with a people so odious for their barbarities, and still more for their religion, might be represented in invidious colours, and renew all those calumnies with which lie had been baded, it was necessary to proceed with great caution in conducting that measure. A remon- strance from the army was made to the Irish council representing their intolerable necessities, and cravin" permission to leave the kingdom : and if that wero refused, " We must have recourse," they said, " to that first and primaiy law, with which God lias endowed all men ; we mean, the law of nature, which teaches every creature to preserve itself." l\Iemorials both to the king and paidiament were transmitted by the justices and council, in which tiieir wants and dangers are strongly set forth ; and though the general expres- sions in tliese memorials might perhaps be suspected of exaggeration, yet fiom the particular facts mentioucd. 676 THE HISTORY OF ENGLAND. [CuAP. LVII. from the confession of tlio English pavliament itself, and from the very natiiio of thiiij;s, it is ap|iaicnt that the Irish protestants were reiiuccil to great extremi- ties;" and it hecame pnuleiit in the king, if not aljso- lutely neeessarv, to enihrace some expedient, whicii might secure them, for a time, from the ruin and misery with which they were threatened. Accordingly, the king gave orderst to Ormond and the justices to' conclude, for a year, a cessation of arms with the council of Kilkenny, by whom tlie Irish were governed, and to leave both sides in possession of their present advantages. Tlie parliament, whoso business it was to find fault with every measure adopted by the opposite party, and who would not lose so fair an opportunity of reproaching the king with his favour to the Irisli papists, exclaimed loudly against this cessa- tion. Among other reasons, they insisted upon the divine venge-auce, which England might justly dread, for tolerating antichristian idolatry, on pretence of civil contracts and political agreements. Religion, though every day employed as the engine of their own ambitious purposes, was supposed too sacred to be yielded up to the temporal interests or safety of king- doms. After the cessation, there was little necessity, as well as no means, of subsisting the army in Ireland. The king ordered Ormond, wlio was entirely devoted to him, to send over considerable bodies of it to England. Most of them continued in his service: but a small part, liaving imbibed in Ireland a strong animosity against the catholics, and hearing the king's party universally reproached with popery, soon after deserted to the parliament. Some Irish catholics who came over with these troops, liad joined the royal army, where they continued the came cruelties and disorders to which they had been accustomed. The parliament voted, that no quarter, in any action, should ever be given them: but prince Rupert, by making some reprisals, soon repressed this inhumanity. CHAPTER LVII. InrisL'm of the Scots L'nttlf of Mariton Moor UMtle of Croprcdy Bridge Essex's Forces disarmed Second Battle of Newbury Hise and Ciiaraclerof the Iiidependems Self^denyiiyj Ordinance- — Fairfax, Cnjinwell Tnsatj' of Lfxbridge Execution of Laud. THE king had hitherto, during the course of the war, obtained many advantages over the parliament, and had raised himself from that low condition into which ho had at first fallen, to be nearly upon an equal footing with his adversaries. Yorkshire, and all the northern counties, were reduced by the marquis of Newcastle : and, excepting Hull, tiie parliament was master of no garrison in tliese quarters. In the-west Plymouth alone, having been in vain besieged by prince Maurice, resisted the king's authority: and had it not been for the disappointment in the enterprise of Glou- cester, the royal garrisons had reached, without inter- ruption, from one end of the kingdom to the other; and had occupied a greater extent of ground than those of the parliament. JIany of the royalists flattered themselves, that tlie same vigorous spirit, which had elevated them to the present height of power, would stdl favour their progress, and obtain them a final vic- tory over their enemies : but those who judged more soundly, observed, that, besides the accessiun of tlie whole Scottish nation to the side of the parliament the very principle on which the roval successes had' been founded was every day acquired, more and more, • Seef>;rther. Caru's Ormund, vol. iii. No. l].*! 197 190 Ion ill tin i»'o tie '►■■'• ,";'• "■'■ -■'^''■^"<■r""■ put i'.«it douShlt ti. ?.'cS ^ 7 th 6<^tMuL)er. by the opposite party. The king's troops, full of gen- try and nobility, had exercised a valour superior to their enemies, and had liitlierto been successi'ul in almost every rencounter: but, in proportion as the whole nation became warlike, by the continuance of civil discords, this advantage was more equally shared ; and superior numbers, it was expected, must at length obtain the victory. The king's troops also, ill paid, and destitute of every necessary, could not possibly be retained in equal discipline with the parliamentary forces, to whom all suiiplies were furnished from unex- hausted stores and treasures. The severity of man- ners, so much affected by these zealous religionists, assisted their military institutions; and tlie rigid in- flexibility of character by which the austere reformers of church and state were distinguished, enabled the parliamentary chiefs to restrain their soldiers within stricter rules and more exact order. And «hile tho king's otlicers indulged themselves even in greater licences tlian those to which, during times of peace, they h.ad been accustomed, they were apt, both to neglect their military duty, and to set a pernicious example of disorder to tho soldiers under their com- mand. At the commencement of the civil war, all English- men, who served abroad were invited over, and treated with extraordinary respect : and most of them, being descended of good families, and by reason of their ab- sence, unacquainted with the new principles which depressed the dignity of ihe crown, had inlisted under the royal standard. But it is observable that, though the military profession requires great genius, and long experience, in the principal commanders, .ill its subor- dinate duties m.ay be disch.arged by ordinary talents, and from superiicial practice. Citizens and country- gentlemen soon became excellent officers, and the generals of greatest fame and capacity happened, all of them, to spring up on the side of the parliament. Tho courtiers and great nobility, in the other party, checked the growth of any extraordinary genius among tho subordinate officers : and every man there, as in a regular established governmeut, Wiis confined to the station in which his birth had placed him. The king, that he might make preparations, during winter, for the ensuing campaign, summoned to Ox- ford all the members of either house, who adhered to his interests ; and endeavoured to avail himself of tho name of parliament, so passionately cherished by the English nation. The house of peers was pretty full; and, besides the nobility employed in dift'erent parts of the kingdom, it contained twice as many members as commonly voted at Westminster. Tlie house of coin- nions consisted of about a hundred and forty ; which amounted not to above half of the other house of commons. So extremely light had government hitherto lain upon the people, that the very n.'ime of excite was un- known to them ; and, among other evils arit-ing from these domestic wars, was the introduction of tliat im- post into England. The iiarliament at Westminster having voted an excise on beer, wine, and other com- modities; those at Oxford imitated the example, and conferred that revenue on the king. And in ortler to enable him the better to recruit liis army, they granted him the sum of a hundred thousand pounds, to be levied by way of loan upon the subject. Tlie king circulated privy-se.als, countersigned by the speakers of both houses, requiring the loan of particular sums from such persons as lived within his quarters. Neither p.arty had as yet got above the pedantry of reproach- ing their antagonists with these illog.al measures. The Westminster parliamcu', passed a wliimsical or- dinance, commanding all the inhabitants of London and the neighbourhood to retrench a meal a week ; and to pay the value of it for the support of the public cause. It is easily imagined,! hat, provided tlie money were jiaid, they troubled themselves but little about the execution of their ordinance. Chap. LVIT.] CHARLES I. 1G25-1649. a77 Rucli was tlie liiiig's situation, tliat in order to restore jieace to tlie nation, lie had no occasion to demand any otiier terms tlian the restoring ef the laws and consti- tution ; the replacing him in tlio same rights wliicli had ever been enjoyed by liis predecessors ; and the re-establisliing, on its ancient basis, the wliole frame of government, civil as well as ecclesiastical. And, that he might facilitate an end seemingly so desirable, he offered to employ means equally popular, an uni- versal act of oblivion, and a toleration oi* indulgence to tender consciences. Nothing therefore could con- tribute more to his interests than every discourse of peace, and every discussion of the conditions upon whicli that blessing could be obtained. For this rea- son, he solicited a treaty, on all occasions, and desired a conference and mutual examination of pretensions, even when he entertained no hopes that any conclu- fiion could possibly result fi'om it. ForlilvOi'easons, thep.ariiament prudently avoided, as much as possible, all advances towards negociation, and were cautious not to expose too easily to censui'e those high terms, which their apprehensions or their ambition m.ade them previously demand of the king. Though their partis.ans were blinded with the thickest veil of religious prejudices, they dreaded to bring their preten- sions to the test, or Kay them open before the whole nation. In opposition to the sacred authority of the laws, to the venerable precedents of many ages, the popular leaders were ashamed to plead nothing but fears and jealousies, which wore not avowed by the constitution, and for which neither the personal cha- racter of Charles, so full of virtue, nor his situation, so deprived of all independent authority, seemed to afford any reasonable foundation. Grievances which had been fully redressed ; powers, either legal or illegal, which had been entirely renounced ; it seemed un- popular aud invidious, and ungiateful, any further to insist on. The king, that he might abate the universal venera- tion paid to the n.amo of parliament, bad issued a declaration, in which he set forth all the tumults by which himself and his partisans iu botli houses had been driven from London ; and he thence inferred that the assembly at AVestminster was no longer a free par- liament, and, till its liberty were restored, was entitled to no .authority. As this declaration was an obstacle to all treaty, some contrivance seemed requisite, in order to elude it. A letter was written in the foregoing spring, to the earl of Essex, and subscribed by the prince, the duke of York, and forty-three noblemen. They tliere ex- hort him to be an instrument of restoring pe.ace, and to pi-omote that happy end with those by whom he was employed. Essex, though much disgusted with the parliament, though apprehensive of the extremi- ties to which they were driving, though desirous of any reasonable accommodation ; yet was still more resolute to preserve an honourable fidelity to the trust reposed in him. He replied, that as the paper sent him neither contained any address to the two houses of parliament, nor any acknowledgment of their authority, he could not communicate it to them. Like proposals had been reiterated by the king, during the ensuing campaign, nnd still met with a like answer from Essex. In order to m.ako a new tri.al for a treaty, the king, this spring, sent another letter, directed to the lords and commons of parliament assembled at Westminster: but as he also mentioned, in the letter, the lords and commons of parliament assembled at Oxford, and de- clared that his scope and intention w.as to m.ake provi- sion that all the members of both houses might securely meet in a full and free assembly; the parliament, per- ceiving the conclusion implied, refused all treaty upon such terms. And the king, who knew what small hopes tliere were of accommodation, would not abandon the pretensions which he had assumed ; nor acknowledge the two houses, more expressly, for a free parliament. This winter the famous Pvm died ; a man as nuicli hated by one p.arty as respected by the other. At London, he was considered as the victim to national liberty, who bad abridged his life by incessant labours for the interests of his country : at Oxford he w.as be- lieved to have been struck with an uncommon disease, and to have been consumed with vermin, as a mark of divine vengeance, for his multiplied crimes and trea- sons. He had been so little studious of improving his private fortune in those civil wars, of which he h.ad been one principal author, that the parliament thought themselves obliged, from gratitude, to pay the debts which he had contracted. We now return to the mili- tary operations, which, during the winter, were carried on with vigour in several places, notwithstanding the severity of the season. The forces brought from Ireland were landed at Mostyne, in North Wales; and being put under the command of lord Liron, they besieged and took the castles of Ilawarden, Beeslon, Acton, and Deddlngton house. No pl.ace in Cheshire or the neighbourhood now adhered to the parliament, except Nautwich : and to this town BIron laid siege during the depth of winter. Sir Thomas Fairfox, alarmed at so consider- able a progress of the royalists, assembled an army of four thousand men in Yorkshire, and having joined sir William Drereton, was approaching to the camp of the enemy. BIron and his soldiers, elated with suc- cesses obtained in Ireland, had entertained the most profound contem]it for the p.arliamentary forces; a disposition which, Tf confined to the army, may be re- garded as a good presage of victory ; but if it extend to the general, is the most probable forerunner of a defeat. Fairfax suddenly attacked the camp of the royalists. (25th January.) The swelling of the river by a thaw divided one part of the army from the other. That part exposed to Fairfax, being beaten from their post, retired into the church of Acton, and were all taken prisoners : the other retreated with precii)ita- tion. And thus was dissipated, or rendered useless, that body of forces which had been drawn from Ire- land ; and the parliamentary party revived in those Dorth-wcst counties of England. INVASION FROM SCOTLAND. The invasion from Scotl.and was attended Tvith con- sequences of much greater importance. The Scots, having summoned in vain the town of Newcastle, which w.as fortified by the vigilance of sir Thomas Glenliam, passed the Tyne, (22ud February,) and faced the marquis of Newcastle, Avho lay at Durfuam with an army of fourteen thousand men. After some military operations, in which th.at noblem,an reduced the enemy to difficulties for forage and provisions, he received intelligence of a great disaster which bad befallen his forces in Yorkshire. Colonel Bellasis, whom he had left with a considerable body of troops, w.as totally routed at Selby (1 1th April) by sir Thomas Fairfax, who had returned from Cheshire with his vic- torious forces. Afraid of being inclosed between two armies, Newcastle retreated ; and Levcn h.aving joined lord Fairfa.x, they sat down before York, to which the army of the royalists h.ad retired. But as tlie parliamen- tary and Scottish forces were not numerous enough to invest so large a town, divided by a river, they con- tented themselves with incommoding it by a loose blockade ; and affairs remained, for some time, in sus- pense between these opposite armies. During this winter and spring, other parts of the kingdom had also been infested with war. llopton, having assembled an .army of fourteen thous.and men, en- deavoured to break into Sussex, Kent, aud the southem association, which seemed well disposed to receive liiiii. Waller fell upon him at Cherington,* and gave him a, defeat of considcr.able importance. In anotlier quar- ter, siege being laid to New,ark, by the parliamentary forces, prince Itupert jireparcd himself for relieving a • 29tli c< Mkrch. 078 THE HISfORY OF ENGLAND. [Cinp L\'1T. town ofsHcIi conspqiiancp, which alonp piescivG.l the commniiication opeu botHCpn the king's southrrn and norlherii iiiiartors. With a small force, hut that ani- mated hv his active coiii-ajje, he broke tlironsli the enemy, relieved the town, and totally dissiiialed that ai my of the parliament.* IJiit thongh fortune seemed to have divided her fa- vours between the jiarties, the liing found himself, in the main, a considerable loser by this winter-campaign ; and he prognosticated a still worse event from the en- suing suminer. The preparations of the parliament were great, and much exceeded the slender resources of which he was posse.^sed. In the eastern association, they levied fourteen thousand men, under the earl of Sfaiichestcr, seconded by Cromwell. An army of ten thousand men, under Essex, another of nearly the same force under Waller, were .assembled in the neighbour- Iiood of London. The former was destined to oppose the king : the latter was appointed to march into the west, where prince Maurice, with a small army which went continually to decay, was spending his time in vain before Lyme, an inconsiderable town upon the sea-coast. The utmost efforts of the king could not raise above ten thousand men at Oxford; and on their swords chiefly, during the canipai),'n, were these to de- pend for subsistence. The queen, terrified with the dangers which every w.ay environed her, and afraid of being enclosed in Ox- ford, in the middle of the kingdom, fled to Exeter, where she hoped to be delivered unmolested of the child with which she was now pregnant, and whence she had the means of an e.asy escape into France, if pressed by the forces of the enemy. She knew the implacable hatred which the parliament, on account of her religion and her credit with the king, had all along borne her. Last summer the commons had sent up to the peers an impeachment of high-treason against her ; because, in his utmost distresses, she had assisted her husband with arms and ammunition, which she had bouglit in ITolland. And had she fallen into their liands, neither her sex, she knew, nor high station, could protect her against insults at least, if not danger, from those haughty republicans, who so little affected to conduct themselves by the maxims of gallantry and politeness. From the beginning of these dissensions, the parlia- ment, it is remarkable, had, in all things, assumed an extreme ascendant over their sovereign, and had dis- played a violence, and arrogated an authority, which on his side, would not have been compatible citlier with his temper or his situation. While he spoke peipe- tually of pard(ming all rebels, they talked of nothing but the punishment of delingucnis and malignanls : while he offered a toleration and indulgence to tender consciences, they threatened the utter extirpation of prelacy: to his professions of lenity, they opposed declarations of rigour: and the moi-e the ancient tenor of the laws inculcated a respectful subordination to the crown, the more careful were they, by their lofty pretensions, to cover that defect under which they laboured. BATTLE or MAUSTON-MOOU. July 2. Their great advantages in the north seemed to second their .ambition, and finally to promise them success in their unwarrantable enterinises. Slanchester, having t.aken Lincoln, had united his army to that of Lovcn and Fairfax ; and York was now clos,-lv besieged by their combined forces. That town, though vigorously defended by Newcastle, was reduced to extremilv ; anil the parliamentary gener.als, after enduring great losses and fatigues, flattered themselves that .all their labours would at last be crowned by this important conquest. On a sudden, they were alarmed by the approach of prince Rupert. This gallant commander, having vigor- ously exerted liimself in Lancashire and Cheshire, had collected a considerable army ; and, joining sir Charles Lucas, who commanded Newcastle's horse, h.astened to the relief of York, with an army of twenty thousand men. The Scottish and parliamentary gene- rals raised the siege, and, drawing up on Marsion-moor, purposed to give battle to the royalists. Prince Kupert ap])roached the town by another quarter, and, inter- posing the river Ouse hetween him and the enemy, safely joined his forces to those of Newcastle. The marquis endeavoured to persuade him, that, having so successfully eft'ected his purjiose, he ought to be con- tent with the present advantages, and leave the enemy, now much diminished by their losses, and discouraged by their ill success, to dissolve, by those mutual dissen- sions which had begun to take place among them. The prince, ^^diose martial disposition was not sufficiently tempered with prudence, nor softened by complaisance, pretending positive orders fiom the king, without deigning to consult with Newcastle, whose merits and services deserved better treatment, immediately issued orders for battle, and led out the army to Jlarston- nioor. This action was obstinately disputed between the most numerous armies that were engaged during the course of these w.ars ; nor were the forces on each side much different in number. Fifty thousand British troops were led to mutual slaughter; and the victory seemed long imdecided between them. Priiu'e Bupert, who commanded the right wing of the royalists, was opposed to Cromwell, who conducted the choice troops of the parliament, inured to danger under that deter- mined leader, animated by zeal, and confiimed by the most rigid discipline. After a short combat, the cavalry of the roy.alists gave way ; and such of the infantry as stood next them were likewise borne down, and put to flight. Newcastle's regiment akme, resolute to conquer or to perish, obstinately kept their ground, and main- tained, by tlieir dead bodies, the same order in which they had at first been r.anged. In the other wing, sir Thom.as Fairfax and colonel Lambert, with some troops, broke through the royalists; and, transported by the ardour of pursuit, soon reached their vicloiious friends, engaged also in pursuit of the enemy. But after that tempest was past, Lucas, who commanded the royalists in this wing, restoring order to his broken forces, made a furious attack on the parliamentiiry cavalry, threw them into disordei', pushed them upon their own in- fantry, and put that whole wing to rout. "When ready to seize on their carriages and baggage, he perceived Cromwell, who was now returned from pursuit of the other wing. Both sides were not a little surprised to find that they must again renew the combat for that victory which each of them thought they had already obtained. The front of the battle was now exactly counlorchnnged ; and each army occupied the ground which had been possessed by the enemy at the begin- ning of the day. This second battle was equally furi- ous niul desperate with the first : hwi after tlie utmost efforts of courage by both parlies, victory wholly turned to the side of the parliament. Tlie prince's train of artillery was taken ; and his whole army pushed oflT the field of battle. This event was in itself a mighty blow to the king ; but proved more fatal in its consequences. The mar- quis of Newcastle was entirely lost to the roj'al cause. That nobleman, the ornament of the court and of his order, had been engaged, contiary to the natur.al bent of his disposition, into these military operations, merely by a high sense of honour, and a personal regard to his master. The dangers of war were disregarded by his valour; but its fatigues were oppressive to his natural indolence. JIuuih<'ent and generous in his expense; polite and elegant in his taste; courteous and humane in his behaviour; he brought .a great accession of friends .and of credit to the party which he embraced. But amidst all the huny of action, his incliuations were secretly drawn to the soft jirts of peace, in which ho took delight ; and the charms of poetry, music, and eoi.versation, often stole him from liis rouehcr oc( iipa- CaAV LVII.J CHARLES I. 162.5— 1C94. 679 tioiis. He cliose sir William Davenaiif, an inffpnioiis piiof, for his lientcnant-gencral : the otlior persons, in V lioni lie plaeed confidence, were more llie instruments of Ills refined pleasures, than qualified for the business which they undertoolc : and the severity and applica- tion rcipiisite to the support of discipline, were (pialities in which he was entirely wantinfr. When prince Rupert, contraiy to his advice, resolved on this battle, and issued all orders, without communi- cating; his intentions to him, he took the field, but, he said, merely as a volunteer ; and, except by his per- sonal courage, which shnne out with lustre, he had no share in the action. Enraged to find that all liLs Buc- eessful labours were rondercd abortive by one act of fatal temerity, terrified with the prospect of renewing liis pains and fatigue, ho resolved no longer to maintain the few resources which remained to a desperate cause, and thought that the same regard to honour, which had at first called with dexterit}' between the two .armies, which had taken Abingdon, and had inclosed him on both sides.* ITe marched towards Worcester; and Waller received orders fiom Essex to follow him and watch his motions ; wliile he himself marched into the wost in quest of prince Maurice. Waller had .ip- *.1itl t-f June. proachr.d within two miles of tlio royal camp, and wag only sejiarated from it by the Severn, when he received intelligence that the king was advanced to liewdley, .and had diiected his course towards Shrewsbury. In order To prevent him, Waller presently dislodged, .and hastened by quick marches to that town ; while the kinp,suddenly returning upon his own footsteps, reached Oxford ; and having re-enforced his army from that garrison, now in his turn marched out in quest of Waller. The two armies faced each otherat Croprcdy- bridge, near ISanbury; but the Charwell ran between them. Next day the king decamped, and marched towards Daveutry. Waller ordered a considerable deitnclimpnt to pass the bridge, with an intention of falling on the rear of the royalists. He was repulsed, routed, and pursued with considerable loss. Stunned and disheartened with this blow, bis army decayed and melted away by desertion ; and the king thought he might safely leave it, and march westward against Esse.x. That general, having- obliged prince Maurice to raise the siege of Lyme, having taken Weymouth and T.aunton, advanced still in his conquests, and met with no equal opposition. The king followed him, and having re-enforced his army from all quarters, appeared in the field with an army superior to the enemy. Essex retreating into Cornw.all, informed the parliament of his danger, and desired them to send an army, which might fall on the king's rear. General Jliddloton ro- «eived a commission to execute that service; but came too late. Essex's army, cooped up in a narrow corner at Lestithiel, deprived of all forage and provisions, and seeing no prospect of succour, was reduced to the last extremity. Tlie king pressed them on one side; prince Maurice on another ; sir Richard Granville on a third. Esse.K, Kobavts, and some of the principal officers, escaped in a boat to Plymouth ; Balfour with his horse passed the king's outposts, in a thick mist, and got safely to the garrisons of his own p.arty. The foot an- der Skippon were obliged to surrender their arms, artillery, b.aggage, and ammunition ; and being con- ducted to the parliament's quarters, were dismissed. By this .advantage, which was much boasted of, the king, besides the honour of the enterprise, obtained what he stood extremely in need of: the iiarliament, having preserved the men, lost what they could easily repair. No sooner did this intelligence reach London, than the committee of the two kingdoms voted thanks to Essex for his fidelity, courage, and conduct ; and this method of proceeding, no less politic than magnani- mous, w.as preserved by the parliament throughout the whole course of the war. Equally indulgent to their friends and rigorous to their enemies, tliey employed, with success, these two powerful engines of reward and punishment, in confirmation of their .authority. SECOND BATTLE OF NEWBURY. Ocloicr 27. That the king might h.ave less reason to exult in the advantages which he had obtained in the west, the par- liament opposed to him very numerous forces. Uaving armed anew Essex's subdued, but not dislie.artened troops, they ordered Manchester and Cromwell to march with their rccniited forces from the eastern as- sociation ; and joining their armies to those of W.aller and Mid'lleton, as well as of Essex, offer battle to the king. Charles chose his post at Newbury, where the parliamentary armies, under the earl of Manchester, attacked him with great vigour; and that town was a second lime the scene of the bloody animosities of the English. Essex's soldiers, exhorting one another to repair their broken honour, .and revenge the disgr.aceof Lestithiel, made an impetuous assault on the roy.alists ; and having recovered some of their cannon, lost in Cornwall, could not forbear embracing them with tears of joy. 'I'hoiigh the king's troops defended themselves with valour, they were overpowered by numbers ; and the night came very seasonably to their relief, and 680 THK HISTORY OF EVGLAND. [Chap. LVII. prpvcntod a total ovprtliiow. Cliavles, loaviiij liis bag- gafre ami cannon in Ufiininston-castle, near Nuwbiiiy, fortlnvith retioated to ■\Vallinj;(brd, and tlienpo to Ox- ford. There prince Itiijiort and tlio carl of Xor^liani])- ton joined Iiim, with considerable bodies of cavalry. Strengthened by this re-enforcement, lie ventured to advance towards the enemy, now employed before Peniiington-castle. Esse.x, detained by sickness, had not joined the army since his misfortune in Cornwall ; Manchester, who commanded, though his forces were much superior to those of the king, declined an engage- ment, and rejected Cromwell's advice, who earnestly pressed him not to neglect so favourable an oppor- tunity of finishing the war. The king's army, by bringing off their cannon from Dennington-castle, in the face of the enemy, seemed to have sufficiently re- paired the honour wliich they liad lost at Newbin-y ; and Charles, having the satisfaction to excite, between Manchester and Cromwell, equal animosities with those which formerly took place tetweeu Essex and Waller, distributed his army into winter-quarters. (23rd No- vember. ) Those contests among the parliamentary generals, which had disturbed their military operations, were renewed in London during the winter season ; and each being supported by his own faction, their inutnal reproaches and accusations agitated the wliole city and parliament. There had long prevailed, in that party, a secret distinction, which, though the dread of the king's power had hitherto suppressed it, yet, in projiortion as the hopes of success became nearer and more immedi- ate, began to discover itself, with high contest and ani- mosity. The I.VDEPENDENTS, wlio had, at first, taken shelter and concealed themselves under the wings of the Presdytekiavs, now evidently appeared a dis- tinct party, and betrayed very different views and pre- tensions. AVe must here endeavour to explain the genius of this party, and of its leaders, who henceforth occupy the scene of action. RISE AND CHAUACTER OF THE INDE- PENDENTS. During those times, when the enthusiastic spirit met with such honour and encouragement, and was tlio im- mediate means of distinction and preferment ; it was impossible to set bounds to these holy fervours, or con- fine, within any natural limits, what was directed towards an infinite and a supernatural object. Every man, as prompted by the warmth of his temper, excited by emulation, or supported by his habits of hypocrisy, endeavoured to distinguish himself beyond his fellows, and to arrive at a higher pitch of saiutship and perfec- tion. In proportion to its degree of fanaticism, e.ach sect became dangerous and destructive ; and as the independents went a note higher th.an the presbyteri- ans, they could less be restrained within any bounds of temper and moderation. From tliis distinction, as from a first principle, were derived, by a necessary conserjuence, all the other difterences of these two sects. The independents rejected all ecclesiastical estab- lishments, and would admit of no spiritual courts, no government among pastors, no interposition of the magistrate in religious concerns, no fixed encourage- ment annexed to any system of doctrines or opinions. Accordnigto their principles, each congregation, united Toluntarily and by spiritual ties, composed, within Itself, a separate church, and exercised a jurisdiction, but one destitute of temporal sanctions, over its own pastor and its own members. The election .alone of the congregation was sufiicient to bestow the sacerdotal character; and .a,s all essential distinction was denied between the laity and the clergv, no ceremony, no insti- tution, no vocation, no imposition of hands, was, as in all other churches, supposed requisite to convey a riMit to holy orders. The enthusiasm of the presbytcrians led them to reject the authority of juelates, to tlir6w oil tho restraint of liturgies, to retrench ceremonies, to limit the riches and authority of the priestly office : the fanaticism of the independents, exalted to a higher pitch, abolished ecclesiastical government, disdained creeds and systems, neglected every ceremony, and confounded all ranks and orders. The soldier, the merchant, the mechanic, indulging the fervours of zeal, and guided by the ill.apses of tlie Spirit, resigned him- self to an inward and superior direction, and w.as con- secrated, in a manner, by an immediate intercourse and communication with Ilc.aven. The catholics, pretending to an infallible guide, had justified, upon that principle, their doctrine and prac- tice of persecution : the presbytcrians, ini.agining that such clear and certain tenets, as they themselves adopted, could be rejected only from a criminal and pertinacious obstinacy, had hitherto gratified, to the full, their bigoted zeal, in a like doctrine and prac- tice : the independents, from the extremity of the same zeal, were led into the milder principles of tole- ration. Their mind, set afloat in the wide sea of in- spiration, could confine itself within no ccrt.ain limits; and the same variations, in which an enthnsi.ast in- dulged himself, he w.as apt, by a natur.al train of tliink- ing, to permit in others. Of all Christian sects this was the first, which, during its prosperity as well as its adversity, alw.ays adopted the principle of tolera- tion ; and it is remarkable that so reasonable a doc- trine owed its origin, not to reasoning, but to the heifdit of extravagance and fanaticism. Popery and prelacy alone, whose genius seemed to tend tow.ards superstition, were treated by the inde- pendents with rigour. The doctrines too of fate or destiny, were deemed by them essenti.al to all religion. In these rigid opinions, the whole sectaries, amidst all their other difTerences, unanimously concurred. The political system of the independents kept pace with their religious. Not content with confining to very nai'row limits the power of the crown, and re- ducing the king to the rank of first m.agistrate, which was the project of the presbytcrians, tliis sect, more ardent in the pursuit of liberty, aspired to a total abolition of the mon.archy, and even of the aris- tocracy, and projected an entire equality of rank and order in .a republic, quite tree .and independent. In consequence of this scheme, they were declared ene- mies to all proposals for peace, except on such terms as, they knew, it was imjiossible to obtain ; and they adhered to that maxim, which is, in the main, prudent and political, that, whoever draws the sword against his sovereign, should tliiow away the scabbard. I'y terrifying others with the fear of vengeance from the offended prince, they h.ad engaged greater numbei'S into the opposition against peace, than had adopted their other principles with regard to government and religion. And the great success, which had already attended the arms of the parliament, and the greater, which was soon expected, confirmed them still further in this obstinacy. Sir Harry Vane, Oliver Cromwell, Nathaniel Fienncs, .and Oliver St. John, tho solicitor-general, were re- g.arded as the leaders of the independents. The earl of Essex, disgusted with a war, of which he began to foresee the jiernicious consequences, adhered to the presbyteriaus, and promoted every reasonable plan of accommodation. The s.arl of Northumberland, fond of his rank and dignity, regarded with horror a scheme, which, if it took place, would confound himself and his family with tlie lowest in the kingdom. The earls of Warwick and Denbigh, sir Philip Stajdeton, sir William Waller, IloUis, Massey, Whillocke, Maynard, Glyn, had embraced the same sentiments. In the p.ar- liament, a considerable majority, and a much greater in the nation, were attached to the presbytciian party; and it was only by cunning and deceit at first, .and afterwards by military violence, that the independents could entertain any hopes of success. The earl of Manchester, provoked at the impeach- ment which the king had lodged against him, had long CitAP. TA'II.] CHARLES r- 1625 — 1649 681 forvvardi'il the war with alacrity ; l)iit, beinpf a man of buinanity and good piiniiiiles, tlie view of pulilic cala- mities, ami the prospect of a total subversion of govern- ment, began to moderate )iis ardour, and inclined liim to promote peace on any safe or lionourable terms. He was even suspected, in the field, not to have pushed to the ntmost against the king the advantages ob- tained by the arms of the parliament; and Cromwell, in the public debates, revived the accusation, that tliis nobleman had wilfully neglected at Dennington- castle a favourable opportunity of finishing the war by a total defeat of the royalists. " I showed him evi- dently," said Cromwell, " how tliis success might be obtained ; and only desired leave with my own brigade of horse, to charge the king's army in their retreat; leaving it in the earl's choice, if he thought proper, to remain neuter with the rest of his forces : but, not- witlistanding my importunity, he positively refused his consent ; and gave no other reason but that, if we met with a defeat, there was an end of our pretensions : we should all be rebels and traitors, and be executed and forfeited by law." Jlanchester, by way of recrimination, informed the parliament, that, at another time, Cromwell having proposed some scheme, to which it seemed improbable the parliament would agree, he insisted and said, " ' My lord, if you will stick firm to honest men, you shall find yourself at the head of an army which shall give law both to king and parliament.' This discourse," continued Jlanchester, " made the greater impression on me, because I knew the lieutenant-general to be a man of very deep designs ; and he has even ventured to tell me, tliat it never would be well with England till I were Mr. Montague, and there were ne'er a lord or peer in the kingdom." So full was Cromwell of these rcpublic.in projects, that, notwithstanding his habits of profound dissimulation, he could not so care- fully gu.ard his expressions, but that sometimes his favourite notions would escape him. These violent dissensions brought matters to extre- mity, and pushed the independents to the execution of their designs. The present generals, tlioy thouglit, were more desirous of protracting than finishing the war; and having entertained a scheme for preserving still some balance in the constitution, they were afraid of entirely subduing the king, and reducing him to a condition where he should not be entitled to ask any concessions. A new model alone of the army could bring complete victory to the parliament, and free the nation from those calamities under which it laboured. But how to effect this project was the difficulty. The authority, as well as merits, of Kssex was very great with the parliament. Not only be had served them all along with the most exact and scrupulous honour : it w.as, in some measure, owing to his popularity, that they bad ever been enabled to levy an army, or make head against the royal cause. Manchester, Warnick, and the other commanders, had likewise great credit with the public ; nor were tliere any hopes of ]>rovailing over them, but by laying the plan of an oblitpte and artificial attack, which would conceal the re.il purpose of their antagonists. The Scots and Scottish commis- sioner.?, ji^alous of the progress of the independents, were a new obst.acic ; which, without the utmost art and subtlety, it would be difficult to surmount. The methods by which tliis intrigue was conducted are so singular, and show so fully the genius of the age, that we shall give .a detail of them, as they are de- livered by lord Clarendon. A fast, on the last Wednesday of every month, had been ordered by the parliament at the beginning of these commotions ; and their pre.ichers, on that day, weie careful to keep alive, by their vehement decla- mations, the popidar prejudices entertained against the king, against prelacy, and against popery. The king, that he might combat the parliament with their own weapons, appointed likewise a monthly fast, when the people should be instructed ia the dutiea of loyalty Vol. I. and of pubmission to tlie higher powers ; and ]to ehoso the second Friday of every month for the devotion of llu! royalists. It was now proposed and carried in pailiament, by the independents, that a new and more solenni fast should be voted ; when they should im- plore the divine assistance for extricating them from those perplexities in which they were at present in- volved. On that day, the preachers, after many poli- tical prayers, took care to treat of the reigning divi- sions in the parliament, and ascribed them entirely to the selfish ends pursued by the members. In the hands of those members, they said, are lodged all the considerable commands of the army, all the lucrative oftices in the civil administration : and while the na- tion is falling every day into jioverty, and groans under an insupportable load of taxes, these men multiply possession on possession, and will, in a little time, be masters of all the wealth of the kingdom. That such persons, who fatten on the calamities of their country, will ever embrace any effectual measure for bringing them to a period, or ensuring final success to the war, cannot reasonably be expected. Lingering expedients alone will be pursued : and operations in the field con- curring, in the same pernicions end, with deliberations in the cabinet, civil commotions will for ever be per- petuated in the nation. After exaggerating these dis- orders the ministers returned to their prayers; and besought the Lord, that he would take his own work into his own hand ; and if the instruments, whom ho had hitlierto employed were not worthy to bring to a conclusion so glorious a design, that he would inspire others more fit, who might perfect what was begun, and by establishing true religion, put a speedy pei iod to the public miseries. On the day subsequent to these devout animad- versions, when the parliament met, a new spirit ap- peared in the looks of many. Sir Henry Vane told the commons, that if ever God appeared to them, it was in the ordinances of yesterday : that, as he was credibly informed by many, who bad been present in different congregations, the same lamentations and dis- courses, which the godly preachers had made before them, had been heard in other churches : that so re- markable a concurrence could proceed only fiom the immediate operation of the Holy Spirit: that he there- fore entreated them, in vindication of their own ho- nour, in consideration of their duty to God and their country, to lay aside all private ends, and renounce every office attended with profit or advantage : that the absence of so many members, occupied in difierent employments, had rendered the house extremely thin, ami diminished the authority of their determinations : and that he could not forbear, for his own part, ac- cusing himself as one who enjoyed a gainful office, that of treasurer of the navy ; and though he w.-is pos- sessed of it before the civil commotions, and owed it not to the favour of the parliament, yet was lie ready to resign it, and to sacrifice, to the welfare of his country, every consideration of private interest and advantage. Cromwell next acted his part, and commended tlie preachers for having dealt with them plainly and im- partially, and told them of their errors, of which they were so unwilling to be informed. Tliough they dwelt on many things, he said, on which he had never be- fore reflected ; yet, upon revolving them, he could not but confess, that, till there were a perfect reforma- tion in these particulars, nothing which they under- took could possibly prosper. The parliament, no doubt, continued he, bad done wisely on the com- mencement of the war, in engaging several of its members in the most dangerous parts of it, and thereby satisfying the nation, that they intended to share all hazards with the meanest of the peojde. But affairs are now ch.ingcd. During tlie progress of mili- tary o)jerations, there have arisen, in the parlia- mentary armies, many excellent officers, who are quali- fied for liigher commands than tliey are now possessed 4 S 682 TflF, HISTORV OF ENGLAND. [Chap. LVIl. of. Ami though it bpcomos not men cngiaKed in siuli n cause to put tnst in the aim ofjl.sh, y.'t lie could assure them, tliat tlioii- troops c-oiitaiiRMl genonils tit to coinmaiKl in any entoriuiso in Clinstoncloin. llic arniv imloed, lie avos sorry to say it, did not cone- spoml, liy its disoipline, to tlie nioiit of the oilicers ; nor were there .-iiiy hopes, till tlic present vices .mid disorders, which prevail among the soldiers, were re- pressed Iiy a new model, that their forces would ever be attended with signal success in any undertaking. In opposition to this rc.isoning of the independents, many of the presUyterians showed the incouvcnieiu-c and danger of the projected alteration. WliitlocUe, in particular, a man of honour, wlio loved his country, though in every eliango of government ho alw.ays .ad- hered to the ruling power, said, that besides the in- gratitude of discarding, .and that by fraud and arlilioo, so many nohlo persons, to whom tlie parliament luid hitherto owed its chief snjiport ; they would find it extremely difficult to supply the place of men now formed by experience to coniinaud and anthovily : that the rank alone, possessed by such as were members of either house, prevented envy, retained the army in obedience, .and gave weight to milit.ary orders : tli.at greater confidence might safely be rejiosed in men of family and fortune, than in mere adventurers, who would be apt to entertain separate views from those which were embraced by the persons who employed them : that no maxim of policy w.as more undisputed, than the necessity of preserving an inseparable con- nexion between the civil .and military powers, and of retaining the latter in sfrict subordination to the former : that the Greeks and Romans, tlie wisest and most passionate lovers of liberty, had ever intrusted to their senators the comniimd of armies, and had maintained an unconquerable jealousy of all merce- nary forces; and that such men alone, whose interests were involved in those of the public, and who pos- sessed a vote in the civil deliberations, would suffi- ciently respect the authority of parliament, and never coidd be temiited to turn the sword against those by whom it was committed to them. SELF-DENYING ORDINANCE. Notwithstanding these reasonings, a coinmitteo was cliosen to frame what was called the self-denying ordi- nance, by which the members of both houses were ex- cluded from .all civil .and milit.ary employments, except a few offices which were specified. This ordinance w.as the subject of great debate, .and, for a long time, rent the parliament and city into factions. Hut, at Last, by the prevalence of envy with some ; with others of false modesty ; with a great many, of the republican and independent views; it passed the lioiise of com- mons, and was sent to the upper house. The peers, though the scheme was, in part, levelled against their order; though .all of them were, at bottom, extremely averse to it ; though they even ventured once to I'o- ject it ; yet possessed so little authority, that they durst not persevere in opposing the resolution of the commons; and they thought it belter policy, by an imlimited complianec, to ward off that ruin n-liich they saw approaching. The ordinance, therefore, having passed both houses, Essex, "Warwick, Manchester, Denbigh, Waller, Urcreton, and m.any others, resigned their commands, and received the thanks of parlia- ment for their good services. A pension often thou- sand iioiinds a year was settled on Essex. 104.'>. It was agreed to recruit the army to twenty- two tlioiisaiul men ; and sir Thomas Fairfax was ap- pointed general. It is remaik.able that his commis- sion did not run, like that of Essex, in the name of the king and parliament, but in that of the parlia- ment alone ; and "the article concerning the s.ai'ety of the king's person w.as omitted. So much had animo- sities increased between the p.arties. Oroniwell, licing a member of the lower house, shoidd have been dis- carded with the others; but this impartiality wonid have disappointed all the views of those who had in- troduced the self-denying ordinance. IIo was saved by a subtlety, and by that political craft, in which he was so eminent. At the time when the other officers resigned their commissions, care was taken that lie should be sent with a body of horse, to i-elieve Tanu- ton, besieged by the royalists. His absence being re- marked, orders were dispatched for his immediate attendance in parliament; and the new general w.as directed to employ some other officer in that service. A ready compliance was feigned ; and the very day was named, on which, it w.as averred, he would take his pl.ace in the house. Cut Fairfixx, having appointed a rendezvous of the army, wrote to the parliament, and desired leave to retain, for some daj's, lieutenant- geneial Cromwell, whose advice, he s.aid, would be useful in supplying the place of those officers wlio liad resigned. Shortly after, he begged, with much ear- nestness, that they would allow Cromwell to serve that campaign. And thus the independents, though the minority, prevailed by art and cunning over the Presbyterians, and bestowed t)ie w hole military autho- rity, in appearance, upon Fairfax ; in reality, upon Cromwell. FAIRFAX. Fairfax was a person equally eminent for courage and for humanity ; and though strongly infected with prejudices, or principles derived from religious and party zeal, he seems never, in the course of his public conduct, to li.avo been diverted, by private interest or ambition, from adhering strictly to these principles. Sincere in his professions ; disinterested in his views ; open in his conduct ; he had formed one of the most shining characters of the age ; had not the extreme narrowness of his genius, in everything but in war, and his cmbair.assed and confused elocution on every occasion, but when he gave orders, diminished the lustre of his merit, .and rendered the part which ho acted, even when vested with the supreme command, but secondary and subordinate. CROMWELL. Cromwell, by whose sagacity and insinuation Fairfax w.as entirely governed, is one of the most eminent .and most singular personages that occurs in history : the strokes of his character are as open and strongly marked, as the schemes of his conduct were, during the time, dark and impenetrable. His extensive capacity enabled him to form the most enlarged projects : his enterprising genius was not dism.aycd with the boldest and most dangerous. Carried by his natural temper to magnanimity, to grandeur, and to an imperious and domineering policy, he yet knew, when necessary, to emjiloy the most profound dissimulation, the most ob- lique and refined artifice, the semblance of the greatest inoder.ation and simplicity. A friend to justice, though Ids public conduct was one continued violation of it; devoted to religion, though he peipetu.ally employed it .as the instrument of his .ambition ; he was engaged in crimes from the prospect of sovereign power, a temp- tation which is, in general, irresistible to human na- ture. And by using well that authority which he had att.aiucd by fraud and violence, he has lessened, if not overpowered, our detestation of his enormities, by oui admiration of his success and of his genius. TREATY OF UXDRIDGE. During this important transaction of the self-denying ordinance, the negoeiatious for peace were likewise carried on, though with small hopes of success. The king having sent two messages, one from Eveshain,* anoUicr from Tavistoke,t desiring a ti'eaty, the parlia- ' 4lhof April, 1644. t 8th of ScptemtKr, J644. Chap. LV[T,] CHARLES I. 1625—1640. eai ment dospatclied commissioners to Oxfunl, with pro- posals as high as if they had olitaiiied a comiilete vic- tory. Tlio advantages gained diirin(^ the campaign, and tlie great distresses of t!»e royalists, Iiad nnich ele- vated their hopes ; and they were resolved to place no trust in men intlanicd with tlie liigliest animosity against tlieni, and wlio, were tliey possessed of power, were fully authorised liy law to punish all their oppo- nents as rebel.s and traitors. The Iting, when ho considered the propos.-il.s and the disposition of the p.arlianient, could not expect any ac- commodation, and had no prospect but of war, or of total submission and subjection : yet, in order to satisfy his own party, who wore impatient for peace, he agreed to send the duko of Itichmoml and carl of Southampton with an answer to the proposals of the parliament, and at the same time to desire a treaty npon their mutual demands and pretensions. It now became necessary for him to retract his former de- claration, that the two houses at Westminster were not a free parliament; and accordingly he w.as in- duced, though with great reluctance, to give them, in his answer, the appellation of the parliament of Eng- land. But it appeared afterwards, by a letter which lie wrote to the queen, and of which a copy was taken at Naseby, that ho secretly entered an explanatory protest in his conncil-book; and he protended that, though lie had called them the parliament, he had not thereby acknowfrdi/ril them for siieh.'^ This subtlety, which has been frequently objected to Cb.arles, is the most noted of those very few instances, from which the enemies of this prince have endeavoured to load him with the imputation of insincerity ; and have inferred, that the parli.amcnt couUl repose no confidence in his professions and declarations, not even in his laws and Btatutes. There is, however, it must be confessed, a dift'eronce universally avowed between simply giving to men the appellation whi<'h they assnme, and the formal acknowledgment of their title to it ; nor is any- thing more common and familiar in all public trans- action.s. The time and place of treaty being settled, sixteen commissioners from the king met at Uxbridge, with twelve authorized by the parliament, attended by the Scottish commissioners. (.30th January.) It w.as .agreed, that the Scottish and parliamentary commissioners Bliould give in their demands, with regard to three important articles, rdighm, the militin, and Ireland; anil that these should be successively discussed in con- ference with the king's commissioners. It was soon found inipractieable to come to any .agreement with re- gard to any of these articles. In the summer, 1C43, while the negociations were carried on with Scotl.and, the parliament li.id sum- moned an assembly at Westmiustor, consisting of a hundred and twenty-one divines and thirty laymen, celebrated in their party for piety and learning. Hy their advice, alterations were maile in the thirty-nine articles, or in the met.apliysical doctrines of the chnrcli ; ami, what was of greater importance, the liturgy w.as entirely abolished, and, in its stead, a new directory for worsiiip w.as established ; by which, suitably to the spirit of the jniritans, the ntmost liberty, both in pr.ay- ing and preaching, w.as indnlgi'd to the public teachers, iiy the solemn league and covenant, cpiscop.acy was abjured, as destructive of all true piety; .and a national engagement, attended with every circumst.ance tliat could render a luoinise sacred and obligatory, was entered into with the Scots, never to snflVr its' read- mission. All these measures showed little spirit of accommodation in the parliament; and the king's commissioners were not surprised to find the establish- • llkM-.ml!.!™: "A-, r,ir my mIHhk thn» «l I.niiiion « jurlUmcnt. I shall 'itiT (dee ti) Di^'lij- fnr |iii niiilar Mtistaetinn : mis in peneral. IfUlcre irul ticeu lint twn liesiilts miscll of my t.pinion. 1 liaj imt done it: and the arii- mt-Ml that i.rcv,iil,d iiith me iias, that the callinj; did nmi.iv» .icknonMfe inem to he a parliament: upon which <:onditinn an.l eonsfnieiion I did it: Rnd nn otherwise, and areordingly it is registered in the onmeil-htxiks, with the couiuil's unanimous aiiprohation."— '■ Tjie Kings CaMnet opened." Kiuhworth, vol. iy. p. i*-13. ment of presbytery .anil the directory positively do- maiided, together with the sniiscription of the co- venant, both by tlio king and kingdom. ■" Had Charles been of a disposition to neglect all tlioo- logiial controversy, he yet had been obliged, in good policy, to .adhere to episcopal jurisdiction, not only be- cause it was favourable to monarchy, but because all his adherents were jiassionately devoted to it ; and to abandon them, in what they regarded as so important an article, was for ever to relinquish their friendship and .assistance. But Charles had never .attained such en- larged princi|ilcs. lie deemed bisliops essential to the very being of a Christian church ; .and he thought him- self bound, by more s.acred ties than those of policy, or even of honour, to the siqiport of that order. His concessions, therefore, on this head, he judged suffi- cient, when be .agreed that an indulgence should be given to tender consciences with regard to ceremonies; that the bishops should exercise no .act of jurisdiction or ordination, without the consent and counsel of such presbyters as should be chosen by the clergy of each diocese; that they should reside constantly in their diocese, and bo bonnd to preach every Sunday ; that plur.alities be abolished ; that abuses in ecclesi.asti- cal courts be redressed; and that a hundred thou- sand pounds be levied on the bishops' estates and the chapter-lands, for p.ayment of debts contracted by tlie parhament. These concessions, tliongh consider- able, gave no satisfaction to the parli.ainentary com- missioners ; and, without abating .anything of their rigour on this head, tlioy proceeded to their demands with reg.ard to the militia. The king's partisans had all along maintained, that the fears and jealousies of the parliament, after the securities so early .and easily given to public liberty, were either feigned or groundless ; and that no liuinaa institution could be better poised .and adjusted, tli.an was now the government of F.ngland. By the .abolition of the star-chamber and court of high-commission, the prerogative, they s.aid, has lost all that coercive power hy which it liad formerly supiiressed or endangered liberty: by the establishment of triennial parliaments, it can have no leisure to acquire new powers, or giiard itself, during any time, from the inspection of that vigi- lant assembly : by the slender revenue of the crown, no king can ever attain such influence as to procure a repeal of these salutary statutes ; and while the prince commands no military force, ho will in vain, by vio- lence, attenqit an infringement of laws, so clearly de- fined by means of late disputes, and so p.assionately cherished by .all his subjects. Ill this situation, surely, the nation, governed by so virtuous a monarch, in.ay, for tlie present, remain in tranquillity, and try whether it be not possible, by peaceful arts, to elude that danger with which, it is pretended, its liberties are still threatened. • Such love of contradiction prevailed In the pftrli.iment, that tJiey had converted Christmas, svhich. with the churchmen, »vas a Ricat festival, into a snlcmnfast and hniniliation; " In order," as thcv .aid, " that it misht call to rciueiubrance our sins, and the sins of our forelatliers, uho, pretending to e.-kbrate the memory of Christ, have turned this feast into an extreme forf?et- fulness of him, hy when the imrliameiit should prescribe it to them. The keepiuKof Christmas holyd,ays ivas lou(,'aKreat mark of malignancy, and iery severely censured by the commons." Whitloeke, p. 286. " Even minced- ples, uhich custom had made a Christrotts dish among the churchmen, was regarded, during that season, as a profane and superstitious vanity by the sritaries ; thougli at other times it agreed \-ery well with their stomachs. In tile parliamentary ordinance too, for the obscn-ance of the Sabbath, they in- serted a clause for the t.lking down of mayixites, which they called a hea- thenish vanity. Since we are upon this subject, it may not be amiss to men- tion giving liberty to carnal and sensual delights." Kushwortli, voL vi. p. IM7. It is remarkable that, as the parliament abolished all holidays, and severely prohibited ail amusement on the sabbath ; and even burned, by the hands of the liangman, the king's b.iok of sports : the nation found thatther« was no time left tor rilaNat'.ou or diTcniion. Upon application, therefore, of the ■ ervjints and .inpreiitires, the parliament appointed the second 'I'ucsday uf every month for play and recreation. Hushworth, vol. vii. p. 4h'll. U'hitioeke, p. 'JI7. Hut these institutions they found great difficulty to execute; and the people were resolved tn be merry when they themseh-es pleasixl, not that, beside setting apart Sunday for the onlinances, as they called them, the godly had regular meetings on the Thursdays, for resolving cases of eouseience, and conferring about their prvigrcss In grace. What they were chiefly anxious about, was the fixing the precise moment of their conversion or new birtnt pjid whoever could not ascertain so dilficult a point of calculation, coild not pretenrl to any title to saintship. The profane scholars at Oxford, after the narliatuent became masters of that town, gave to the house in which the tea- lots assembled the denomination of '* Scruple Shop ; " the zealots, in their turn. Insulte.! the scholars and pi-ofessors; and, intruding into the place of lectures, declaimed against human learning, and challenged the most know- ing ot them to prove that their caiiing ivas from Christ. S« Wood's Faiti Oxontcnsls, p. 7*10. (!S4 THE HISTORY OF ENGLAND [Chap. LVir But tlioii^'Ii tlic royalists iiisislcd on tliesp plausible tfpios bclbro the roiniiiencciiiont of war, they were obliged to OHii, tliat the progress of civil coniiiiotions liad soniewliat abated the force and evidence of this reasoning. If the power of the militia, said the oppo- site party, be intrusted to the kinir, it would not now bo diftii'ult for liim to abuse that authority. l!y the ra"e of intestine discord, his jiartisans are inflamed into an extreme hatred against their antagonists ; and liave contracted, no doubt, some prejudices against popular privileges, whicli, in their apprehension, have been the source of so much disorder. Were the arms of the slate, therefore, put entirely into such hands, wliat public security, it may be demanded, can be given to liberty, or what private security to those who, in oppo- sition to the letter of the law, liave so generously ven- tured their lives in its defence ? In compliance with this a]ii)i ehcnsion, Charles ofl'ered, that the arms of the state should be intrusted, during three years, to twenty commissioners, who should be named, either by com- mon agreement between him and the parliament, or one half by him, the other by the parliament. And after the expiration of that term, he insisted that his constitution.al authority over the militia should again return to hiui. The parliamentary commissioners at first demanded, that the power of the sword should forever be in- trusted to such persons as the parliament alone should appoint : but, afterwards, they relaxed so far as to re- quire that authority only for seven years ; after wliieh it was not to return to the king, but to be settled by I treaty, a deed was executed by the parliament, which bill, or by common agreement between him and his proved their determined resolution to yield nothing, ' ' ml - n • . • ■ I , i^T. .. but to ])roceed in the same violent and imjiorious man- ner with which they had at first entered on these dan- considerable of his Englisli sulijecls, and nineteen oi" his Scottish, together with all poi)ish recusants in both kingdoms who Ivad borne arms lor him. It was in- sisted, tliat forty-eight more, with all the members who had sitten in either house at Oxford, all lawyers and divines who hud embraced the king's party, should be rendered incapable of any office, be forbidden the exercise of their i)rofession, be prohibited from coming within the veige of the court, and forfeit the third of their estates to the parliament. It was required, that whoever had borne arms for the king, should forfeit the tenth of their estates, or if that did not sufiice, the sixth, for tlie payment of public debts. As if royal authority were not sufficiently annihilated by such terms, it was demanded, that the court of wards should be abolished ; that all the considerable officers of the crown, and all the judges, should be appointed ty parliament ; and that the right of jjcace and war should not be exercised without the consent of that assembly. The presbyterians, it must be confessed, after insisting on such conditions, differed only in words from the independents, who required the establishment of a pure republic. When the debates had been carried on to no purpose during twenty days among the com- missioners, they separated, and retained ; those of the king, to O.Kford, those of the parliament, to London. EXECUTION OF LAUD. A little before the commencement of this fruitless parliament. The king's commissioners asked. Whether jealousies and fears were all on one side, and whether the prince, from such violent attempts and pretensions as he had experienced, had not, at least, as great rea- son to entertain apprehensions for his authority, as they for their liberty ? Whether there were any equity in securing only one party, and leaving the other, during the sp.ice of seven years, entirely at the meicy of their enemies ? Whether, if unlimited power were intrusted to the parliament during so long a po- I'iod, it would not be easy for them to frame the sub- sequent bill in the manner most agreeable to them- selves, and keep for ever possession of the sword, as well as of every article of civil power and jurisdic- tion. The truth is, after tlie commencement of war, it w.is very difficult, if not impossible, to find security for both parties, especially for that of the parliament. Amidst such violent animosities, power alone could ensure safely ; and the power on one side was neces- sarily attended with danger to the other. Few or no instances occur in history of an equal, peaceful, and durable accommodation, that has been concluded be- tween two factions which had been inflamed into civil war. With regard to Ireland, there were no greater hopes of agreement between the parties. The parliament dcmaudcd, that the truce with the rebels should be declared null; that the m.inagement of the war should be given over entirely to the parliament ; and that, after the conquest of Ireland, the nomination of the lord-lieutenant and of tlie judges, or, in other words, the sovereignty of that kingdom, should likewise re- main in their hands. What rendered an accommodation more desperate was, that the dem.ands on these three heads, however exorbitant, were ackuowledged, by the parliamentary commissioners, to be nothing but preliminaries. After all these were granted, it would be necessary to pro- ceed to the discussion of those other demands, still moie exorbitant, which a little before had been trans- mitted to the king at Oxford. Such ignominious terms were there insisted on, that worse could scarcely be demanded, were Cluarles totally vanquished, a pri- soner, and in chains. 'J'he king was required to attaint ajid except from a general pardon, forty of the most gerous enterprises. Archbishop Laud, the most fa- vourite minister of the king, was brought to the scaft'old; and in this instance the public might see, that popular assemblies, as, by their very number, they are, in a great measure, exempt from the re- straint of shame, so, when they also overleap the bounds of law, naturally break out into acts of the greatest lyiauny and injustice. From the time that Laud had been committed, tho house of commons, engaged in enterprises of greater moment, had found no leisure to finish his imiieach- mcnt ; and he had patiently endured so long an impri- sonment without being brought to any trial. After the union with Scotland, the bigoted prejudices of th.at nation revived the like spirit in Knglaud ; and the sectaries resolved to gratify their vengeance in the punishment of this prelate, who had so long, by his authority, and by the execution of penal laws, kept their zealous spirit under confinement. He was ac- cused of high-treason in endeavouring to subvert tfie fundamental laws, and of other high crimes and mis- demeanors. The same illegality of an accumulative crime and a constructive evidcnce,^which appeared in the case of Slaftbrd ; the same violence and iniquity in conducting the trial ; are conspicuous throughout the whole course of this prosecution. The groundless charge of popery, though belied by bis whole life and conduct, was continually urged against the jirisoner; and every error rendered unpardonable by tliis impu- tation, which w.as supposed to imply the height of all enormities. " This man, my lords," said seijeant Wilde, concluding his long speech against him, "is like Naaman the Syrian; a great man, l>ut a leper." We shall not enter into a detail of this matter, which, at present, seems to admit of little controversy. It suffices to say, that, after a long trial, and the ex- amination of above a hundred and fifty witnesses, tli8 commons found so little likelihood of obtaining a judicial sentence against Laud, that they were obliged to have recourse to their legislative authority, and to pass an ordinance for taking away the life of this aged prelate. Notwithstanding the low condition into which the lioure of jieers w;is fallen, there appeared some in- tention of rejecting this ordinance ; and the popular Chap. LVIII.] CHARLES I. lC2o— 1649. G8« leaders were again obliged to apply to the multitude, aud to extinguish, by threats of new tumults, the small remains of liberty possessed by the ujiper-house. Seven peers alone voted in this important (juestion. The rest, cither from shame or fear, took care to absent themselves. Laud, wiio liad behaved during his trial with spirit and vigour of genius, sunk not under the horrors of liis exe- cution ; but though he had usually professed himself ap- prehensive of a violent death, he found all his fears to be dissipated before tliat superior courage by wliich he was animated. "No one," said he, "can be more willing to send me out of life than I am desirous to go." Even upon the scaffold, and during the intervals of his prayers, he was hanissed and molested by sir John Clotworthy, a zealot of the reigning sect, aud a great leader in the lower house : this was the time he cliose for examining tlie principles of tlio dying pri- mate, and trepanning him into a confession, that he trusted for his salvation to the merits of good works, not to the death of the Redeemer. Having extricated himself from these thcoiogieal toils, the archbishop laid his head on the block ; aud it was severed from the body at one blow.* Those religious opinions, for wliicli he suffered, contributed, no doubt, to the con- rage aud constancy of iiis end. Sincere he undoubt- edly was, and however misguided, actuated by pious motives in all his pursuits ; and it is to be regretted, that a man of such spirit, who conducted his enter- prises with so much warmth and industiy, had not en- tertained more enlarged views and embraced princi- ples more favourable to the general happiness of society. The great and important advantage which the party gained by Strafford's death may, in some degree, palli- ate the initjuity of the sentence pronounced against him ; but the execution of this old infirm prelate, who had so long remained an inoffensive prisoner, can be ascribed to nothing but vengeance and bigotry in those severe religionists, by whom the parliament was en- tirely governed. That he deserved a better fate was not questioned by any reasonable man : the degree of his merit in other respects, was disputed. Some ac- cused him of recommending slavish doctrines, of pro- moting persecution, and of encouraging superstition ; while others thouglit that his conduct, in these three particulars, would admit of apology and extenuation. That the lellcr of the law, as much as the most flam- ing court-sermon, inculcates passive obedience, is appa- rent : and though the spirit of a limited government seems to recjuire, in extraordinary cases, some mitiga- tion of so rigorous a doctrine, it must be confessed, that the preceding genius of the English constitution had rendered a mistake in this particular very natural and excusable. To inflict death, at least on tliose who depart from the exact line of truth in these nice ques- tions, so far from being favourable to national liberty, savours strongly of the sjiirit of tyranny and proscrip- tion. Toleration had hitherto been so little the principle of any Christian sect, that even the catholics, the rem- nant of the religion professed by their forefathers, could not obtain from the English the least indulgence. This very house of commons, in their famous remon- strance, took care to justify themselves, as from the highest imputation, from any intention to rcla.x the golden reins of discipline, as they called them, or to grant any toleration : and the enemies of the church were so fair from the beginning, as not to lay claim to liberty of conscience, which they called a toleration for soul-murder. They openly challenged the superiority, and even menaced the established church with that persecution which they afterwards exercised against her with such severity. And if the question be con- sidered in the view of policy ; though a sect, already formed aud advanced, may with good reason demand a toleration, what title had the puritans to this in- dulgence, who were just on the point of sejiaration from the church, and whom, it might be hoped, some wholesome and legal severities would still retain iu obedience ? [See Note G I, at the end of this To/.] Whatever ridicule, to a philosophical mind, may be thrown on pious ceremonies, it must be confessed, that during a very religious age, no institutions can be more advantageous to the rude multitude, and tend more to mollify tliat fierce and gloomy spirit of devo- tion, to which they are subject. Even the English church, though it had retained a share of popish cere- monies, may justly be thought too naked and un- adorned, and still to approach too near the abstract and spiritual religion of the puritans. Laud and his associates, by reviving a few primitive institutions of this nature, corrected the error of the first reformers, and presented to the affrightened and astonished mind, some sensible exterior observances, which might oc- cupy it during its religious exercises, and abate the violence of its disappointed efforts. The thought, no longer bent on that divine and n-.ysterious essence, so superior to the narrow capacities of mankind, was able, by moans of the new model of devotion, to relax itself iu the contemplation of pictures, postures, vestments, buildings ; and all the fine arts, which minister to re- ligion, thereby received additional encouragement. The primate, it is true, conducted this scheme, not with the enlarged sentiments and cool reflection of a legislator, but with the intemperate zeal of a sectary ; and by overlooking the circumstances of the times, served rather to inflame that religious fury which he meant to repress. But this blemish is more to be re- garded as a general imputation on the whole age, than any particular failing of Laud's ; and it is sufKcient for his vindication to observe, that his errors were the most excusable of all those which prevailed during that zealous period. CHAPTER LVIII, Montrose's Victories Tlie new ^^odcl of tlic Army Itattte of Naschy Suvrender of Uristul Tlic West coiiqutred by Fairfax Defeat tjf Montrose Keelesiasrieal Affairs Knit; troes to tile Seots at Ps'ewarit End ol the W ar h ing delivered up I'y ilie Scots. WJ IIILE the king's aft'airs declined in England, some » ' events happened iu Scothmd, which seemed to promise him a more prosperous issue of the quarre.. MONTROSE'S VICTORIES. Before the commencement of these civil disorders, the earl of Montrose, a young nobleman of a distin- guished family, returning from his travels, had been in- troduced to the king, and had made an offer of his services; but by the insinuations of the marquis, after- wards duke of Hamilton, who possessed much of Charles's confideuce, he had not been received with that distinction to which he thought himself justly en- titled. Disgusted with this treatment, he had for- warded all the violence of the covenanters; and, agreeably to the natural ardour of his genius, he had employed himself, during the first Scottish insurrection, with great zeal, as well as success, iti levying and con- ducting their armies. Being commissioned by the Ta- bles to wait iqion the king, while the royal army lay at Berwick, he was so gained by the civilities and caresses of that monarch, that he thenceforth devoted himseli entirely, though secretly, to his senice, and entered into a close correspondence with him. In the second insurrection, a great military command was intruttej to him by the covenanters ; and ho was the first that passed the Tweed, at the head of their troops iu the 036 invasion of England. He fo.nul menus liovvoyor soon afler, to convoy a letter to the kin- : an.l by tlio infidelity of some alioiit that prince-Hamilton, as was suspected —a copy of this letter was sent to Leven, tlio Scottish ccncial 15eing accused of treachery, and a corres- pondence with the enemy, ilontrose oj.enly avowed the letter, and asked the generals, if they dared to call their sovereign an enemy : and by this hold and niag- nauimons behaviour, he escaped tlie danger ot an im- mediate prosccntion. As he was now liilly known to be of theroviU party, he no longer concealed his princi- ples ; and lie endeavoured to draw tliose who had enter- tained like sentiments into a bond of association ibr Iiis master's service. Thougli thrown into prison for this enterprise,* and detained some time, he was not discouraged ; but still continued, by his countenance and protection, to infuse spirit into the distressed royalists. Among other persons of distinction, who united themselves to him, was lord Najiier of Jlerehis- ton, son of tho famous inventor of tiio logarithms, tlie person to whom tho title of Great Man is more justly due, than to any other whom his country ever produced. There was in Scotland another party, who, professing equal attachment to the king's service, pretended only to difier with Montrose about the means of attaining tlie same end : and of that party, duke Ilamilton was the leader. This nobleman had cause to be extremely devoted to the king, not only by reason of the con- nexion of blood, which united him to the royal family, but on account of the great confidence and favour with which he had ever been honoured by his master. ISeiiig accused by lord Rae, not without some apjiearance of probability, of a conspiracy against the king ; Charh s was so far from harbouring suspicion against him, that the very first time that Hamilton came to court, he received him into his bedchamber, and passed alone the night with him. But such was the duke's un- hajipy fate or conduct, that he escaped not the im- putation of treachery to his friend aud sovereign ; and though he at last sacrificed his life in tlic king's service, liis integrity aud sincerity have not been thought by historians entirely free from blemish. Perhaps (and this is tho more probable opinion) the subtleties and refinements of his conduct and his tem- porizing maxims, though accompanied with good in- tentions, have been the chief cause of a suspicion, which has never yet been either fully proved or refuted. As much as tlie bold and vivid spirit of JNIontrose prompted liim to enterprising inciisuies, as much was the cautions temper of Ilamilton inclined to such as were mode- rate and dilatory. While the former foretold that the Scottish covenanters were secretly forming an union with the English parliament, and inculcated the neces- sity of preventing them by some vigorous undertaking; the latter still insisted, that every such attempt would precipitate them into measures, to which, otherwise, they were not, perhaps, inclined. After the Scottish convention was sunimoned without the liing's autho- rity, the former exclaimed, that their intentions were now visible, and that, if some unexpected blow were not struck, to dissipate them, they Avould arm the whole nation against the king ; the latter maintained the possibility of out-voting tlie disaffected party, aud securing, by peaceful means, tho allegiance of the king- dom. Unhappily for the roy.al cause, Uamilton's re- presentations met with more credit from the king and queen, than those of Montrose ; .and the covenanters wore allowed, without interruption, to proceed in all their hostile measures. Montrose then hastened to Oxford ; where his invectives against Hamilton's trea- chery, concurring with the general prepcssession, and supported by the unfortunate event of his counsels, were entertained with nnivcr.sal approbation. InHu- enccd by the clamour of his l>arty, more than his own suspicions, Charles, as soon as Hamilton appeared, sent • It U not Impioper to take notice of a niistftke committed hy Ciarcndnn, tniich to tlie cli^aOvantJMte of tllis gMIant iinlilciiian ; that he offered the kintt, wtiCThli majesty was in Scotland, to assassinate AtKylc. Ail the time tlickine leajB lu Scotljind, Montrose was confined to prison, Kusliwortii, voi. vLp HUU THE HISTORY OF ENGLAND. [Chap. LVIII. him prisoner to Pcndennis castle, in Cornw.all. His brother, Laneric, who was also init under confinement, found means to make his escape, and to fly into Scotland. The king's ears were now opened to Sfontrose's counsels, who proposed none but tho boldest and most daring, agreeably to the des|icrate state of the royal cause in Scotland. Though tlic whole nation was sub- jected by the covenanters, though great ai'inies were kejit on foot by them, and every place guarded by a vigilant administration, he undertook, by his own credit, aud that of the few friends who remained to the king, to raise such commotions, as would soon oblige the malcontents to recall those forces, which had so sensibly thrown the balance in favour of the par- liament. Not discouraged with the defeat at Mar- stonmoor, which rendered it impossible for liim to draw any succour from England; he was content to stipulate with the earl of Antrim, a nobleman of Ire- land, for some supply of men from that country. And he himself, changing his disguises, and passing through many dangers, arrived in Scotland ; where he bay con- cealed in the borders of the Highlands, and secretly prepared the minds of his partisans for attempting some great enterprise. No sooner were the Irish landed, though not exceed- ing eleven hundred foot, very ill armed, than Montrose declared himself, and entered upon that scene of action which has rendered his name so celebrated. About eight hundred of the men of Athole flocked to his standard. Five hundred men more, who had been levied by the covenanters, were persuaded to em- brace the royal cause : and with this combined force, he hastened to attack lord Elelio, who lay at Perth with an array of six thousand men, assembled upon the first news of the Irish invasion. Montrose, in- ferior in number, totally improvided with horse, ill sup- plied with arms and ammunition, had nothing to de- pend on but the courage, which he himself, by his own example, and the rapidity of his enterprises, should in- spire into his raw soldier.s. Having received the tire of the enemy, which was answered chiefly by a volley of stones, he rushed amidst them with his sword drawn, threw them into confusion, pushed his advantage, and obtained a complete victory, with the slaughter of two thousand of the covenanters. This victory, though it augmented the renown of Slontrose, increased not his powers or numbers. The far greater part of the kingdom was e.xti-emely attached to the covenant ; and such as bore an afl'ection to the royal cause, were terrified by the established authority of the opposite party. Dreading the superior power of Argyle, who, having joined his vassals to a force levied by the public, was approaching wilh a considerable army ; jlontrose hastened northwards, in order to rouse again the marquis of IIunlh\v and the Gordons, who, having before hastily taken arms, had been in- stantly suppressed by the covenanters. He was joined on his march by the earl of Airly, with his two younger sons, sir Thomas and sir David Ogilvy : the eldest was, at that time, a prisoner with the enemy. He attacked at Aberdeen the lord Bui ley, who commanded a force of 2500 men. After a sharp combat, by his undaunted courage, Avhieli, in his situation, was true jioliey, and was also not unaecumpaniod wilh military skill, be put the enemy to flight, and in the pursuit did great execu- tion upon them. But by this second advantage ho obtained not the end which he expected. The envious nature of Huntley, jealous of Montrose's glory, rendered him averse to join an army where be himself must be so much eclipsed "by the superior merit of the general. Argyle, re-en- foreed by the earl of Lothian, was behind him with a great nriny : the militia of the norlhern counties, "Mur. ray, Boss, Caithness, to the number of five thousand men, opposed him in front, and gn.arded the banks of the Spey, a deep and rapid river. In order to elude these numerous armies, be turned aside into the hills, and saved his weak but active troops in Badenoch Chap I.VIII.J CHARLES I. lG2-5-l(i-!9 6R7 After some marches and (;o, I went to White- hall, loiriw^iy to see the iiuecn, which I ilitlfuliy all tile time she sal at dinner. I pcrceiv'ii her to he a m st aiisolutc dclici-e l.tly, after I h.a gool a ODc. Chap. LVIII ] CHARLES I. lC2o-lfM9. 691 duty, on the other liaiid, of his more generous friends, who respcc'ted his misfortunes and liis virtues, ns much as liis dignity, wrung liis heart with a new sorrow, wlicn he reflected, that sucli di.-interosted attaclmient wouhl so soon he exjiosed to the ligour of his iin- Jilacable enemies, liepeated attempts, wliicli lie made fur a peaceful and eciuitablo accommodation with tlio imrllament, served to no purpose but to convince them that the victory was entirely in their hands. 'J'liey deigned not to nial;e the least reply to several of his messages, in which he desired a. p.issport for commissioners. At hvst, after reproaching him with the blood spilt during the war, they told him, that tlioy were picparing bills for him ; and his passing them would bo the best [dedge of his inclination to- wards peace : in other words, he mu.-t yield at discre~ tion. lie desired a personal treaty, and offered to come to Londim, npon receiving a safe-condnct for liinisclf and his attendants : they absolutely refused him admittance, and issued orders for the guarding, that is, the seizing of his person, in ease ho should attempt to visit them. A new incident, which h.ap- pened in Ireland, served to inflame the minds of men, and to increase those calumnies with which his enemies had so much loaded hiui, and which he ever regarded as the most grievous part of his mis- fortunes. After the cessation with the Irish rehelr, the king was desirous of concluding a final peace with them, and obtaining their assistance in England : and he gave authority to Ormond, lord-lieutenant, to promise them an abrogation of all the penal laws enacted against catholics, together with the suspension of Poining's statute, with regard to some particular bills, which sliould be agreed on. Lord Herbert, created earl of Glamorgan, (thungh his patent had not yet passed the seals,) having occasion for his private nffarrs to go to Ireland, the king considered, that this nobleman, being a catholic, and allied to the best Irish families, might be of service : he also foresaw, that further concessions with regard to religion might pro- bably be demanded by the bigoted Irish ; and that, ns these concessions, however necessary, woidd give great scandal to the proteslant zealots in his three kingdoms, it would be reqiiisite both to conceal them during some time, and to preserve Ormond's cha- racter, by giving private orders to Glamorgan to con- clude and sign these articles. Cut as he had a better o])inion of Glamorgan's zeal and affection for his ser- vice', than of his capacity, he enjoineel him to com- iiMinicate all his measures to Ormoud; and though the fin.il conclusion of the treaty must bo executed only in Glamorgan's own name, he was required to be di- rected, in the steps towards it, by the opinion of the lord-Iientenant. Glamorgan, bigoted to his religion, and passiemate for the king's service, but guideel in these pui-suits by no manner of judgment or discretion, secretly, of himself, without any communication with Onnond, concluded a peace with the council of Kil- j kcnny, and .igroed, in the Icing's name, that the Irish Ehould enjoy all the churches of which they had ever | been i.i possession since the commencement of their insurrection, on condition that they should assist the king in England with a boely of ten thousand men. This transaciion was discovered by .accident. The titular archbisliop of Tuam being killed by a sally of the garrison of Sligo, the articles of the treaty weie found among his baggage, and were immediately inib- lished everywhere, anel copies of them sent over to the English parliament. The lord-lieutenant and lord Di^by, foreseeing the clamour which would be raised against the king, committed Glamorgan to prison, chaiged him with treason for his temerity, and main- tained, that he h.id acted altogether without any autho- rity from his master. The English parliament, how- ever, neglected not so favourable an opportunity of reviving the old clamour with regard to the king's favour of popery, and accused him of delivering over. in a manner, the whole kingdom of Ireland (o tliai liated sect. The king told them, "That the carl of Gl.amorgan having made an ofi'er to raise foice's in the kingdom of Iieland, and to cpnduct them into England fur his nuijesty's service, had a commission for th.at pnriiose, and to that purjiose oidy, and that he had no commission at all to treat of anything else, without the privity and direction of the lord-lieiite-nant, nujcli less to capitulate anything con.erning religion, or any property belonging either to church or laity. Though this declaration seems agreeable to truth, it gave uo satisfaction to the parliament; and some histori.ans, even at present, w hen the ancient bigotry is somewhat abated, are desirous of representing this very inno- cent transaction, in which the king was engaged by the most violent necessity, as a stain on the memory of that unfortunate prince. [See note C K, at the end oj this Vol.'] Having lost all hope of prevailing over the rigour of the parliament, either by arms or by treaty, the only resource which remained to the king was derived from the intestine dissensions, which ran veiy high among his enemies. Presbyterians and independents, even before their victory w.as fully completed, fell into contests about the division of the spoil ; and their religious as well as civil disputes agitated the whole kingdom. ECCLESIASTICAL AFFAIRS. The parliament, though they had early abolished episcojial authority, had not, during so long a time, substituted any ether spiiitnal goveiiiment in its place; and their committees of religion had hitherto assumed the whole ecclesiastical jurisdiction : but they now established, by an ordinance, the presbyterian model in all its forms of conprcgalinnal, classical, pro- vincial, and Ha/!o«a/ assemblies. All the inhabitants of each parish were ordered to meet and choose eldeis, on whom, together with the minister, was bestowed the entire direction of all spiiitu.al concerns within tlie congregation. A number of neighbouring pa- rishes, commonly between twelve and twenty, formed aelassis; and the court, which governed this division, was composed of all the ministers, together with two, thiee, or four elders chosen from each parish. The provincial assembly retained an inspection over several neighbouring classes, and was composed entirely of clergymen : the national assembly was constituted in the same manner; and its autboiity extended over the whole kingdom. It is probable, that the tyiaiiny exercised by the Scottish clergy had given warning not to allow laymen a place in the provincial or national .assemblies; lest the nobility and more considerable gentry, soliciting a seat in these great ecclesiastical courts, should bestow a consideration upon them, and render them, in the eyes of the midtitude, a rival to the parliament. In the inferior courts, the mixture of the laity might servo r.ather to temper the usual zeal of the clergy. Ihit though the presbyterians, by the establishment of parity among tlie ecclesiastics, were so far gratified (hey were denied satisfaction in several other points, on which they were extremely intent. The assembly of divines had voted pieshytery to be of divine right. The p.arlianient refused their assent to that decision, Seidell, Whitlocke, and other political re.asoners, as- sisted by the independents, had prevailed in this im- portant deliberation. They thought, that, had the bigoted religionists been able to get their he.avenly charter rcceignised, the presbyters would soon beeomo more dangerous to the nuigistrate than had ever been the prelatical clergv. These latter, while they claimed to themselves a divine right, admilled of a like ori"-in to civil authority: the former, challenging to their own order a celestial pedigree, derived the legislative power from a source no more dignified than the \t). luntary associa'lon of the people. 69 i Tlir. IIISl'ORY OF ENGLAND. [Thai- LVTp Under colour of Iised his dignity. In this desperate ex- tremity, he embraced a measure which, iu any other situation, might lie under the iniinitation of impru- dence and indiscretion. THE KIXG GOE.S TO THE SCOTCH CAMP AT NEWARK. Montrcville, the French minister, interested for the Idn^ more by the natural sentiments of humanity, than P.uy instructions from his court, which seemed rather to fatonr the parliament, had solicited the Scottish generals and commissioners to give protection to their distressed sovereign ; and having received many genu ral professions and promises, he had alw.ays transmit ted these, perhaps with some exaggeration, to the king. From his suggestions, Charles began to enter- tain thoughts of leaving Oxford, and flying to the Scot- tish army, which at that time lay before Newark. lie considered that the Scottish nation bad been fully gratified in all their demands ; and having already, in their own country, annihilated both cpiscop.acy and re- gal authority, had no further concessions to exact from him. In all disputes wliich had passed about settling the terms of peace, the Scots, he heard, had still ad- hered to the milder side, and had endeavoured to soften the rigour of the English parliament. Great disgusts also, on other a,0()0 pounds, one half to be paid instantly, another in two snhse(pient payments. Great pains were taken by the Scots (and the Eng- lish complieil with their pretended delicacy) to make this estimation and payment of arrears appear a quite difFerent trausacfiou from that for the delivery of the king's person: but ctmimon sense requires, that they should be regarded as one and the same. The Knglittli, it is evident, had they not been previously assured cf 694 THE HISTORY OF ENGLAND. [Cii.u'. r.ix receiving- the kin?, woiiM never linvc parted with so coiisiilcnible a siiiii ; ami, wliilo tlioy weakened them- selves, by the same measure have strengthened a people, with wliom they ninst afterwards have so material an interest to discuss. Thus the Scottish nation nnderwont, and still un- dergo, (for such grievous stains are not easily wijied off,) tlie reproach of selling their king, and betraying their jirinco for money. Jn vain did they maintain, that tliis money was, on aeeon?it of former services, undoubtedly their due ; that in their present sitiiation, no other measure, without the utmost indiscretion, or even their apparent ruin, could be embraced ; ami that, though tliey delivered their king into the hands of his ojien enemies, they were themselves as much liis open enemies as tbosj to whom they surrendered him, and their common hatred against him had long united the two parties in strict alliance with each other. They were still answered, that they made use of this .scandalous expedient for obtaining their w.ages ; and that, after taking arms, without any provocation, against their sovereign, who hail ever loved and che- rished them, they h.ad deservedly fallen into a situ- ation, from which tlu'V could not extiicatc themselves, without either infamy or imprudence. The iutamy of this bargain had such an influence on the Scottish jxirliament, that they once voted, that the king should be protected and his liberty insisted on. But the general assembly interposed, and ])ronouneed, that, as he bad refused to take the covenant, which was pressed on him, it became not the godiy to con- cern themselves about iiis fortunes. After this decla- ration, it behoved the parliament to retract their vote. Intelligence concerning the final resolution of the Scottish nation to surrender him, was brought to the king ; and he happened at that very time to be Jilay- ing at chess. Such command of temper did he possess, tliat he continued his game without interruption ; and none of the bystanders could perceive that the let- ter, which he perused, bad brought him news of any consequence. The English commissioners, wlio, some days after, came to take him under their custody, were admitted to kiss his hands ; and he received them with the same grace and cheerfulness, as if they bad ti-a- velled on no other errand than to pay court to him. The old earl of Pembroke in particular, who was one of them, he congratulated on his strength and vigour, that be was still able, during such a season, to perform so long a journey, in company with so many young peojile. KING DELIVERED UP BY THE SCOTS. \IJiT. The king being delivered over by the Scots to the English commissioners, was conducted, under a guard, to lloldenby, in the county of Northampton. On his journey, the whole country flocked to behold him, moved partly by curiosity, partly by compassion and affection. If any still retained rancour against him, in his present condition, they passed in silence ; while his well-wishers, more genrrous than prudent, accompa- nied his march with tears, with acclamations, and with prayers for his safety. That ancient superstition likewise, of desiring the king's touch in scrofulous dis- tempers, seemed to acquire fresh credit among the people, from the general tenderness which began to prevail for this virtuous and unhappy monarch. The commissioners rendered his confinement at Hol- deiiby very rigorous ; dismissing his ancient serv.ants, debarring him from visits, and cutting off all commu- uication with his friends or family. The p.arliament, though earnestly ajiplied to by the king, refused to al- low his ch.apl.ains to attend him, because they bad not taken the covenant. The king refused to assist at the service e.\ercised .accoriliiig to the directory; because he had not as yet given his consent to that mode of ■worship. Such religious zeal prevailed on both sides ! And such was the unhappy and distracted condition to which it had reduced king and ]ieople ! During the time that the king remained in the Scot- tish army at Newcastle, died the carl of Kssex, the discarded, but still iiowerful and popular, generaJ of the parliament. His death, in this conjuncture, was n public misfortune. Eully sensible of the e.xcesses to which affairs had been carried, and of the worse conse- quences which were still to be apprehended, he had re- solved to conciliate a jieace, and to remedy, as far a-t possible, all these ills to which, fiom mistake rather than any bad intentions, he had himself so much con- tributed. The prcsbyterian, or the moderate jiarty among the commons, found themselves considerably weakened by bis death : and the small remains of au- thority which still adliered to the house of peers, wore in a manner wholly extinguished. CHAPTER LIX. Mutiny of tlic Army The Kin^ soizcd by Joyce Tiie Army nian.-h af,'«inic tlic I'ariiaincnc 'rhe Aimy >,ul;.lvi«; the Parlianienc 'rhc Kin^' Hies to the Isle of Wiyht Second Civil War Invasion fimn Scotland 'riie Treaty of Newport The Civil War and Invasion repre*scd-;^The King seized aijain hy the Army 'I'he House pwrgi^d The King's Trial, and Execution His Character. '^j ''HE dominion of the parli.amcnt was of short dura- A tion. No sooner had they subdued their sovereign, than tlieir own servants rose against them, and tum- bled tliein from their slippery throne. The sacred boundaries of the laws being once violated, nothing re- mained to confine the wild projects of zeal and ambi- tion. And every successive revolution became a jire- cedcnt for that which followed it. In proportion as the terror of the king's power di- minished, the division between indejiendent and prcs- byterian became every day more apparent ; and tlie neuters found it at last requisite to seek shelter in one or the other faction. JIany new writs were issued lor elections, in the room of members who had died, or were disqualified by adhering to the king; yet still tlu l)resbytcrians retained the superiority among the com- mons: and all the peers, except lord Say, were es- teemed of thatjiarty. The independents, to whom the inferior sectaries adhered, predominated in the army : and the troops of the new model were universally in- fected with that enthusiastic spirit. To their assistance did the independent party among the commons chiefly trust, in their projectsfor acquiring the ascendant over their antagonists. Soon after the retreat of the Scots, the presbyterians, seeing everything reduced to obedience, began to talk of diminishing the army : and, on jiretence of casing the public burdens, they levelled a deadly blow at the ojiposite faction. They jmrposed to embark a strong detachment, under Ski]ipon .and JIassey, for the service of Ireland: they openly decl.ared their intention of making a great reduction of the remainder.* It was even imagined, that another new model of the army was ])rojected, in order to regain to the presbyterians that superiority which they had so iinprudeutly lost by the former. The army had small inclination to the service of Ire- land ; a country barbarous, uncultivated, and laid waste by m.assacres and civil commotions : they had less inclination to disband, and to renounce that p.ay, which, having earned it through ftitigues and dangers, they now purposed to enjoy in ease and tranquillity. And most of the officers, having risen from the dregs of the peojile, had no other prospect, if deprived ot their commission, than that of returning to languish in their native poverty and obscurity. • Fourteen thousand men were only intended to De kept up ■ tOJKi hj/^i, CCOO foot, and 2IMI dragoons.— Dates. JUAP. LiX.] CHARLES I 1620—104!) C9i Tlicse motives of interest acquired additioiuil influ- ftnce, and became more dangerous to the parliament, from the religious spirit liy which the army was uui- versally actuated. Anionjj tlie generality ot' men, edu- cated iu regular, civilized societies, the sentiments of shame, duty, honour, have considerable authority, and serve to counterbalance and direct tlie motives derived from ])rivatc ad\antage : but, by tlio jiredominaucy of ontlui^iasni among the parliamentary forces, these sa- lutary principles lost their credit, and were regarded as mcro human imcntions, yea, moral institutions, fitter for heathens th.an for Christians. The saint, re- signed over to superior guidance, was at full liljerty to gratify all his appetites, disguised under the appearance of pious zeal. And, besides tlic strange corruptions engendered by this sjiirit, it eluded and loosened all the tie.s of morality, and gave entire scope, and even sanc- tion, to the seltishness and ambition wliich naturally adhere to the human mind. The military confessors were further encouraged in disobedience to superiors, by that .spiritual piide to wliich a mistaken piety is so subject. They wei'e not, they said, mere janizaries, mercenary troops enlisted for hire, and to be dis]josed of at the will of their pay- masters. Religion and liberty were the motives which had excited them to arms ; aiul they had a sui>erior rii,'lit to see those blessings, which they had purchased v.-itli their blood, ensured to future generations. By the same title that the presbyferians, in contradistinc- tion to the royalists, had apju'cpriated to themselves the epithet of gotlly, or the tfell affected, tlic indepen- dents did now, in contradistinction to the presbyte- rians, assume this magnificent appellation, and ano- gate all the ascendant, wln'eh naturally belongs to it. Hearing of parties in the lionse of commons, and being informed that the minority were friends to the army, tlr; majority enemies, the troops naturally in- terested themselves in that dangerous distinction, and were eager to give the sujiorlority to their partisans. Whatever hardships they underwent, though perhaps derived from inevit.ablo necessity, were ascribed to a settled design of oppressing them, and resented as an cftuct of the animosity and malice of their adversaries. Notv.'ithstanding the great revenue, which accrued from ta.\es, assessments, s?riuestratious, and composi- tions, considerable arrears were due to the army; and many of the i)rivate men, as well as officers, had near a twelvemonth's pay still owing them. The army sus- pected, that this deticiency was purposely contrived, iu order to oblige them to live at free quarters; and by reiulering them odious to the country, servo as a pre- tence for disbanding them. When they saw such mem- bers as were employed in ciunmlttees and civil offices accumuhite fortunes, they accused them of rajiinc and public ijlunder. And, as no plan was pointed out by the cunnnons forThe payment of arreais, the soldiers dreaded, that, after tliey should be disbanded or em- barked for Ireland, thcvr enemies, who prcilominaled in the two houses, would entirely defraud them of their right, and oppress tli-m with impunity. JIUTIXY OF THE ARMY. On this ground or pretence did the first commotions begin in the army. A petition, addressed to Fairfax, the general, w;i3 iniiided about, craving an indemnity, and tluit ratified by the king, for any illegal actionsof whicli, during the course of the war, the soldiers might liave been guilty ; together with satisfaction in arrears, free- dom from pressing, relief of widows and maimed sol- diers, and pay till disbanded. The commons, aware of what combustible materials the army was comjiosed, were alarmed at this intelligence. Such a combination, they knew, if not checked in its first appearance, must bo attended with the most dangerous consequences, and must soon exalt the military above the civil autho- rity. Besides sumnmning some ollicors to answer for thi attempt, they inunediately (30th March) voted. that the petition tended to introduce mutiny, to put conditions upon tlie parliament, and to obstruct the re- lief of Ireland ; and they threatened to proceed against the promoters of it, as enemies to the state, and dis- turbers of public peace. This declaration, which may be deemed violent, especially as the army had some ground for complaint, produced fatal effects. The sol- diers lamented tl-.at fhcy were deprived of the ]irivi- leges of Englishmen; that they were not allowed so nnich .as to rcjjresent their giievanccs ; that, while pe- titions from Esse.x and other places were openly en- com-aged against the army, their mouths were stopped; and that they who were the authors of liberty to the nation, were reduced, by a faction in parliament, to the most grievous servitude. In this disi)Osition was the army foinid by Warwick, Dacres, Massey, and other connnissiom is, who were sent to make them proposals for entering into the .ser- vice of Ireland. Instead of enlisting, the generality objected to the terms; demanded an indemnity; were clamorous for their arrears; and, though they ex- pressed no dissatisfaction against Skippon, who was ap- pointed commander, they discovered much stronger in- clination to servo under Fairfax and Cromw.ll. [Some officers, who were of the prosbyterian party, having entered into engagements for this service, could jirevail on very few of the soldiers to enlist under them. And, as these oflicers lay all under the grievous reproach of deserting the army, and betraying the interest of their companions, the rest were further confirmed in that confederacy, v;bich they had secretly formed. To petition and remonstrate being the most cautious method of conducting a confederacy, an ajipiication to parliament was signed by near two l.undrcd officers; iu whicli they made their apology wiih a very impe- rious air, asserted their right of petitioning, and com- plained of that imputation thrown upon them by the former deel.aration of the lower house. The private men hkewise of some regiments sent a letter to Skip- jjon; in which, together with insisting on the same topics, tliey lament that designs were formed against them and many of tlie godly ]iaity in the kingdom; and declare that they could not tngnge for Ireland, till they were satisfied in their expectations, and bad their just desires granted. The army, in a word, felt their power, and resolved to be masteis. The parliament too resolved, if possible, to preserve their dominion : but being destitute of power, and not retaining much antliority, it was not easy for them to einjiloy any expedient which could contribute to their purpose. The expedient which they now made use of was the worst imaginable. They sent Skippon, Crom- well, iicion, ami Fleetwood, to tlie head-quarters at Saflion-Walden, in Essex; (/th of May;) and empow- ered tiiem to make oflers to the army, and inquire into the cause of its distempers. 'J'hese very gene- rals, at least the three last, were secretly the authors of all the discontents; and failed not to foment those disordcis, which tliey pretended to appea.se. By their suggestion, a measure was embiaced, wliieh at once brought matters to extremity, and rendered the mutiny incurable. In opposition to the parliament at Westminster, a military parliament was formed. Tegetlier with a council of the princijial officers, which was appointed after the model of the house of jicerf!, a more free re- presentaiivo of the army was composed, by the election of two private men or iufeiior officers, under the title of agitators, from each troop or company. By these means, bath the general humour of that time was gra- tified, intent on plans of imaginary republics ; and an ea-y method contrived for condueiing underhand, am* propagating ihe sedition of the army. This terrible court, when assemblid, liaving first de. clared that they found no distempers in the army, but many grievances, under which it laboured, immediateiv voted the oilers of the parliament unsatisfactory. Eight weeks' pay alone, they said, was inomiscd ; a Binlill (306 THE HISTORY OF EXGI.ANl) [Chap Ll.K, part of fiflv-sis wcoI;s, wlik-Ii tlicy d.i!inea as tlieir diif: no vU'ible sccmity was piven lor the it,-maiii(ier : and having been .lochireil public eneiiiies bv ihe com- inoiis, thev uii^lit hereafter be proscuiUed as such, un- less the ('let-hiration were retailed. Before matters cuiie to this hei-ht, Cromwell had posted up to Lon- don, on pretence of laying before the pariiament the rising di.-contents of the army. The parliament made one vigorous effort more, to try the foice of their authority : tliey voted that all tin) troops which did not engage for Ireland, should in- stantly be disbanded in their quarters. At the same time, the counsel of the army ordei-ed a general rendez- vous of all the regiments, in order to provide for their common interests. And while they thus prepared themselves for opposition to the i)arlianient, tliey struck a blow, which at ouce decided the victory in their favou'- THE KING SEIZED BY JOYCE. June 3. A party of five hundred horse appeared at Iloldenby, conducted by one Joyce, who liad once been a tailor by profession ; but was now advanced to the rank of cornet, and was an active agitator in the army. With- out being opposed by the guard, whose aftections were all on their side, Joyce came into the king's piesencc, armed with pistols, and told him, that he must imme- diately go along with him. " Wliithcr ?" said the king. « To t'he army," replied Joyce. " By what warrant ?" asked the king. Joyce pointed to the soldiers, whom he brought along; tall, handsome, and well accoutred. " Your warrant," said Charles, smiling, " is writ in fair characters, legible without spelling." The parliamen- tary commissioners came into the room : they asked Joyce, whether he had any oiders from the parlia- ment ? he said, "No:" from the general? "No:" by what authority he came ? He made the same reply as to the king : " Thjy would write," they said, " to the parliament, to know their pleasure." " You may do 60," replied Joyce ; " but in the mean time the king must immediately go with me." Resistance was vain. The king, after protracting the time as long as he could, went into his coach; and was safely conducted to the army, who were hastening to their rendezvous at Triplo-ileatli, near Cambridge. The parliament, informed of this event by their commissioners, were thrown into the utmost consternation. Eairlax himself was no less surprised at the king's arrival. That bold measure, executed by Joyce, had never been communicated to the general. The orders were entirely verbal ; and nobody avowed them. And while every one affected astonishment at the enter- prise, Cromwell, by whose council it had been directed, arrived from IjOndon, and put an end to their delibe- rations. This artful and audacious conspirator had conducted himself in the parliament with such profouiul dissimu- latio!!. with such refined hypocrisy, that he had long deceived those, wlio, being themselves very de.xterous practitioners in the same arts, should naturally have entertained the more suspicion against others. At every ir.telligence of disorders in the army, he was moved to the highest pitch of grief and of anger. He wept bitterly : he lamented the misfortunes of his country : ho advised every violent measure for snp- pre.-siug the n>utiny ; and by these precipitate counsels, at once seemed to evince Ins own sincerity, and in- flamed those discontents, pf whieli he intended to make advantage. He obtested heaven and earth, that his devoted attachnieni to the parliament had rendered him 80 odious in the army, that his life, while among them, was in the utmost danger: and he had \*^Yy narrowly escaped a conspijacy funned to assassinate him. But inl'ornuilion being brought, that t!ie most active ofHcers nud agitators wei'e uutirely his creatures, the parliamen- tarv leaders secretly resolved, that ni'xt day, ■when he s'uould come to the house, an accusation should bo en- tered against him, and he should bo sent to thoTowcr. Cromwell, wdio in the conduct of his desperate enter- prises freiiuently approached to the very brink of de struction, knew how to make the requisite tnin with proper dexterity and boldness. Being informed of th\5 design, he hastened to tlio camp ; where he was re- ceived with acclamations, and was instantly invested with the supreme command, both of general and army. Fairfax, having neither talents himself for cab.al, nor penetration to discover the cabals of others, had given his entire coufidence to Ciomwell ; who, by the best- coloured pretences, and by the appearance of an open sincerity and a scrupulous conscience, imposed on tlie easy nature of this bravo and virtuous man. 'Ihe council of officers and the agitators were moved alto- gether by Cromwell's direction, and conveyed his will to the whole army. By his profound and artful conduct, ho had now attained a situation, where he could cover his enterprises from public view; and, seeming cither to obey llic commands of his superior officer, or yield to the movements of the soldiers, could secretly pave the way for his future greatness. While the disorders of the army were yet in their infancy, he kept at a dis- tance, lest his counterfeit aversion might throw a damp ni)on them, or his secret encouragement beget suspi- cion in the parliameiit. As soon as they came to maturity, lie openly joined the troops; and in the critical moment, struck that important blow of seizing the king's person, and depriving the parliament of any resource of an accommodation with him. Though one vizor fell off, another still remained to cover his natu- ral countenance. Where delay was requisite, he could employ the most indefatigable patience : Avliere celerily was necessary, he flew to a decision. And by thus uniting iu his person the most opposite talents, he was enabled to combine the most contraiy interests in a subserviency to his secret purposes. THE ARMY MARCH AGAINST THE PARLIAMENT. The parli.amcnt, though at present defenceless, was possessed of many resources; and time might easily enable them to resist that violence with which they were threatened. Without fni thcr deliberation, there- fore, Cromwell advanced the army upon them, and arrived in a few days at St. Albans. Nothing coidd be more popidar than this hostility wdiich the army commenced against the parliamei't As much as that assembly was once the idol of the na tion, .as much was it now become the object of genciji' hatred and aversion. The self-denying ordinance had no longer been put in execution, tiuin till Essex, Manchester, Waller, and the other officers of that parly, had resigned their coin- mission: immediately after, it w}s laid aside by tacit consent; and the members, sharing all offices of power and ]irofit among them, proceeded with impunity in ex- ercisuig acts of oppression on the helpless natie • t'lcnient Walker's Ilhtoiy oflhc Two Juntos, prefixed to liis Hist<|rv of I ndepcmlenev, p. i). Tins is an nuthnr of spirit and iiigeimity ; Ind beii.j,- > 7.eiluusp»iliiimcmaiiaii, liis autlioiitv is very consldemble, notwitlistam uij; the air of satire which prevails in his ivrilinfis. This computHUori, however, seems much too larpe; cspft:ially as the sequelliauoiu, diiling the amfi w war, could not be so considerable as aflcitvards Chap. LIX.] CHARLES I. 1625—1649 697 tlioiiglit imieh exaggerated, as tlipy prolialily are,* tlie taxes and impositions were certainly far higher than ia any former state of tlie Enijlish government; and sucli popular exaggerations are, at least, a proof of popular discontents. But the disposal of this money was no less the oiiject of general compUiint against tlie parliament than the levying of it. The sum of 300,0tl() pounds they openly took, it is affirmed, and divided among their own mem- bers. The committees, to whom the management of the different branches of revenue was intrusted, never brought in their accounts, and had unlimited power of secreting wliatever sums they pleased from the public treasure. These branches were needlessly multiplied, in order to render the revenue more intricate, to share the advantages iimonggreater numbers, and to conceal the frauds of wliicli they were universally suspected. Tlie method of keeping .accounts practised in the ex- chetpier was confessedly the exactest, the most ancient, the best known, and the least li.able to fraud. The exchequer was, for that reason, abolished, and the reve- nue put under the m.anagement of a committee who were subject to no control. The excise was an odious tax, formerly unknown to (he nation ; ami was now extended over provisions, and the common necessaries of life. Near one half of the goods and chattels, and at least one half of the lands, rents, and revenues of the kingdom had been seques- tered. To great numbers of royalists, all redress from these sequestrations was refused : to the rest, the remedy could be obtained only by paying large comjio- sitions and subscribing the covenant, which they ab- horred. Besides pitying the ruin and desolation of so many ancient and hono\ir.ablc families, indifferent spec- tators could not but blame the hardship of punishing xvith such severity actions which the law in its usual and most undisputed interpretation strictly required of every subject. The severities too, exercised against the episcojial clergy, natur.ally affected the royalists, and even all men of candour in a sensible manner. By the most moderate computation, + it apjiears, that above one half of the established clergy had Ijeen turned out to beg- gary and want, for no other crime tlmn their adhering to the civil and religious principles in which they had been educated ; and for their attachment to those laws under whose countenance they had at first embraced that profession. To renounce episcopacy and the li- turgy, and to subscribe the covenant, were the only terms which could save them from so rigorous a fate; and if the least mark of malignancy, as it was called, Dr affection to the king, who so entirely loved them, liad ever escaped their lips, even this hard choice was not permitted. The sacred character, which gives the priesthood stich authority over mankind, becoming more venerable from the sufferings endured, for the sake of principle, by these distressed royalists, ag- gravated the general indignation against their pei- secutors. But what excited the most imiversal complaint was, the unlimited tjTanny and despotic rule of the country- committees. During the war, the discretionary power of those courts was excused, from the pleaof necessity ; but the nation was reduced to despair, when it saw neither end put to their duration, nor bounds to their authority. These could sequester, fine, imprison, and corporally punish, without law or remedy. They in- terposed in questions of private property. Under colour of malignancy, they exercised vengeance against their priv.ate enemies. To the obnoxious, and some- times to the innocent, they sold their protection. And instead of one star-chamber, w'lich had been abolish- • Vet the same sum precisely is assigned in a liook, called Royal Trt.isury i^t* Knglftnd, p. u'JC- t See .hthti Walker's Attempt towards recovcrinf,' an Account of the Num- bers and SutTirings of the t'lergy. Ihc parliament pretended to Icate trie sequestered clenfy a fif'Ii of tlieir revenue; but this .-luthor nuikw it sufficiently appear, that this provision, small as it is, tvas never regularly paid the ejected cietKV. Vol. I. ed, a great number were antw erected, fortified with better ])retences, and armed with more unlimited mi- thority.'* Could anything have increased the indignation against that slavery into which the nation, from the too eager pursuit of liberty, had fallen, it must have been the reflection on the pretences by which the peo- ple had so long been deluded. Tlie sanctified hypo- crites, who called their oppressions tlie sjioiling of the Egyptians, and their rigid severity the dominion of the elect, interlarded all their iniquities with long and fer- vent prayers, saved themselves from blushing by their pious grimaces, and exercised in the name of the Lord all their cruelty on men. An undisguised violence could be forgiven : but such a mockery of the under- standing, such an abuse of religion, were, with men of penetration, objects of peculiar resentment. The parliament, conscious of their decay in popu- larity, seeing a formidable armed force advance upon them, were reduced to despair, and found all their re- sources much inferior to the present neces.sity. Lon- don still retained a strong attachmont to picbbyteri- anism : and its militia, w hich was numerous, and had acquired reputation in wars, had by a late ordinance been put into hands in whom the parliament could en- tirely confide. This militia was now called out, and ordered to guard the lines, which had been drawn round the city, in order to secure it against the king. A body of horse was ordeied to be instantly levied. Many officers, who had been cashiered by the new model of the army, offered their service to the parlia- ment. An army of 5000 men lay in the north under the command of general Pointz, who was of the prcs- byterian faction ; but these were too distant to be em- ployed in so urgent a necessity. The forces destined for Ireland were quartered in the west; and, thoueh deemed faithful to the parliament, they .also lay at'a distance. Many inland garrisons were commanded by officers of the same party; but their troops beiu" so much dispersed, could at present be of no manner of service. The Scots were faithful friciuls, and zealous for jiresbytery and the covenant; but a long time was required, ere they could collect their forces, and march to the assistance of the parliament. In this situation, it was thought more prudent to submit, and by compliance to stop the fury of the en- raged army. The declaration, by which the military petitioners had been voted public enemies, was recalled and er.ascd from the journal-book. This was the first .symptom wliich the parliament gave of submission ; and the army, hoping, by terror alone, to effect all their purposes, stopped at St. Albans, and entered into negocialion with their masters. Here commenced the encroachments of the military upon the civil authority. The army, in their usurpa- tions on the parliament, ctjiiied exactly the model which the parliament itself had set them, in their re- cent usurpations on the crown. Every tiay they rose in their demands. If one claim was granted, they had another ready, still more enor- mous and exorbitant ; and were determined never to be satisfied. At first they pretended only to petition for what concerned themselves as soldiers: next, they must have a vindication of their character : then it was necessary, that their enemies be punished : at last they claimed a liglit of modelling the whole govern- ment, and settling the nation. They preserved, in words, all deference and respect to the parliament ; but, in reality, insulted them, and tyrannized over them. That assembly they pretended not to accuse: it was only evil counsellors, who se- duced and betrayed it. On the IGth of June they proceeded so far as to name • clement '-^ alket's History of Independency, p. 5. Hollis gives llle same re- presentation as Walker of the plunderiitf;, oppressions, ar.tl tvrannv of the ii.v- liainciit : only instead of laying the fault on loth parties, as Walter does, I* astrihesit solely to the independent fiction. The preshyiciians, indeed, K-iog commonly deiuiminatcd the motierate party, would ]irohably he more inoffen- sive. Sec Itush worth, vol. vii.p. j9Uj and i'arl. tli^Lvol, xv. p. 231. 4U f.98 eleven members, whom, in jreneral terms, tliey cliargcil •nith higli-treason, as enemies to the army, and evil ooiinseUors to the parliament. Their names were, Uollis, sii Philip Stapleton, sir William Lewis, sir John Clotworthv, sir William Waller, sir John Jlay- iiard, Slassev, Glyn, Long, Ilarley, and Nioholas. These wore tiie very leaders of the presbyteriaii party. They insisted, that these members should imme- diately be sequestered from parliament, and be thrown into prison. The eommons replied, that they could uot, upon a general eharge, proceed so far. The army observed to them, that tlie cases of Strafford and Land were direct precedents for that purpose. At last, the eleven members themselves, not to give occasion for discord, begged leave to retire from the house ; and tlie army, for the present, seemed satisfied with this mark of submission. Pretending that the parliament intended to levy war upon them, and to involve the nation again in blood and confusion, they required that all new levies sliouUl be stopped. The parliament complied with this demand. There being no signs of resistance, the army, in order to save appearances, removed, at the desire of the parliament, to a greater distance from London, and fixed their head-quarters at Reading. They car- ried the Uing .'doug with them in all th^r marches. That prince now found himself in a better situation than at Holdeiiby, and had attained some greater de- gree of freedom, "as well as of consideration, with both parties. All his friends had access to his presence : his cor- respondence with the queen was not interrupted : his chaplains were restored to liim, and he was allowed the use of the liturgy : his children were once allowed to visit him, and they passed a few days at Caversham, where he then resided. He h.ad not seen the duke of Gloucester, his youngest son, and the princess Eliza- beth, since he left London, at the commencement of the civil disorders : * nor the duke of York, since ho went to the Scottish army before Newark. No private man, un.acquainted with the pleasures of a court and the tumult of a camp, more passionately loved his family, than did tliis good prince; and such an instance of indulgence in the army was extremely grateful to him. Cromwell, who was witness to the meeting of the royal family, confessed, that he never had been present at so tender a scene; and he extremely ap- plauded the benignity which displayed itself in the whole disposition and behaviour of Charles. That artful politician, as well as the leaders of all parties, paid court to the king; and fortune, notwith- standing all his calamities, seemed again to smile upon him. The parliament, afraid of his forming some ac- commodation with the army, addressed him in a more I'espectful style than formerly; and invited him to re- side at Richmond, and contribute his assistance to the settlement of the nation. The chief officers treated him with regard, and spake on all occasions of restor- ing him to his just powers and prerogatives. In the public declarations of the army, the settlement of his revenue and autliority were insisted on. The royal- ists everywhere entert.ained hopes of the restoration of monarchy; and the favour which they universally bore to the army, contributed very much to dis- courage the parliament, and to forward their submis- Eioii. The king began to feel of what consequence he was. The more the nation.il confusion increased, the more was he confident that all parties would, at length, have recourse to his lawful authority as the only remedy for the public disorders. " You cannot be without me," said he, on several occasions : " you cannot settle the nation but by my assistance." A people without go- \'Cl'nraent and without liberty, a parliameut without <* When the kinR appliwl to hav* his children, the parliament always toll! hill), that they could take as much cytc at Loniion, both of ti.eir hodles and lutili, as could be done at Oxford, I'arl. Hist. voL xiii. p. 127 THE HISTORY OF ENGLAND. lChap. LIX. authority, an army without a legal master : distrne- tions everywhere, terrors, oppressions, convulsions: from this scene of confusion, which could not long con- tinue, all men, he lioped, would be brought to reflect on that ancient government, under which they and their ancestors had so long enjoyed happiness and tranquillity. Though Charles kept his ears open to all proposals, and expected to hold the b.ilance between the oppo- site parties, he entertained more hopes of .accommoda- tion with the army. He had experienced the extreme rigour of the parli.iment. They juetended totally to annihilate his authority : they had confined his per- son. In both these particulars, the army showed more indulgence. He bad a free intercourse with his friends. And in the proposals, which the council of officers sent for the settlement of the nation, they insisted neither on the abolition of episcop.acy, nor of the punishment of the royalists ; the two points to which tire king had the most extreme reluctance : and they demanded, that a period should be put to the present parliameut; the event for wliich he most ardently longed. His conjunction too seemed more natnr.al with the generals, than with that usurping assembly, who had so long assumed the entire sovereignty of the state, and who had declared their resolution still to continue masters. By gratifying a few persons with titles and preferments, he might draw over, he hoped, the whole military power, and, in an instant, reinstate himself ia his civil authority. To Iieton he offered the lieute- nancy of Ireland; to Cromwell, the g.arter, the title of carl of Essex, and the command of the army. Nego- ciatious to this purpose were secretly conducted. Cromwell pretended to hearken to them ; and was well pleased to keep the door open for an accommo- dation, if the course of events should, at any time, render it necessary. And the king, who had no sus- picion that one born a private gentleman could enter- tain the daring ambition of seizing a sceptre trans- mitted through a long line of monarchs, indulged hopes that he would, at last, embrace a measure which, by all the motives of duty, interest, and safety, seemed to be recommended to him. While Cromwell allured the king by these expecta- tions, he still continued his scheme of reducing the parliament to subjection, and depriving them of all means of resistance. To gratify the .army, the parlia- ment invested Fairfax with the title of geueral-in-chief of all the forces in England and Ireland ; and in- trusted the whole military authority to a person who, though well inclined to their service, was no longer at his own disposal. They voted that the troops which, in obedience to them, had enlisted for Irel.and, and deserted the rebel- lious army, should be disbanded, or, in other words, bo punished for their fidelity. The forces in the north, under Pointz, had already mutinied against their ge- neral, and had entered into an association with th3,t body of the army which was so successfully employed in exalting the military above the civil autliority. Tliat no resource might remain to the parliament, it was demanded that the militia of Loudon should be changed, the presbyterian commissioners displaced, and the command restored to those who, during the course of the war, had constantly exercised it. The parlia- ment even complied with so violent a demand, and passed a vote in obedience to the army. By this unlimited patience they purposed to tempo- rize under their present difficulties, and they hoped to find a more favourable opportunity for recovering their authority and influence : but the impatience of the city lost thein all the adv.ant.age of their cautious mea- sures. A petition against the alteration of the militia was carried to Westminster, (20th July,) attended by the apprentices and seditious multitudes, who besieged the door of the house of commons, and, by their cla- mour, noise, and violence, obliged them to reverse that vote, which they had passed so lately. When gr.atified Okap. LIX.] CHARLES I. lf)2.5— 1G49. 699 in this pretension, tlicy immediately disperseJ, and left tlie parliament al liberty. iNo sooner was intelligence of this tumult conveyed to Readinu:, than the army was put in motion. Tlie two houses beins; under restraint, they were resolved, thin- said, to vindicate, against the seditious citizens, the invaded privileges of parliament, and restore that assembly to its just freedom of debate and counsel. In their way to London, they were drawn np on llouns- low-heath ; a formidable body, twenty thousand strong, and determined, without regard to laws or liberty, to pursue whatever measures their generals should die- late to them. Here the most favourable event hap- pened, to !l i'il'i'Vii|i|.'vii'' !!]''' ';' iV'K/J'riliiiv,!''' .1 'F J I J. , 1 1 I I' ...I'l 'ill III,', III ,in!iii;;iKi;'|i li'!>l I'l ||||ii' iiii ; MAMFBIM. Chat. LIX.] CHARLES I. 1625—1649. 701 boumlcd licence in human society. Pierce in his nature, thou^'h jiroljiiljlv siuceie in liis intentions, ho inirpose'd by arbitrary [lower to establish liberty, and, in prose- cution of his imagined religious purposes, he thought himself dispensed from all the ordinary rules of moral- ity by which inferior mortals must allow themselves to be governed. From his suggestion, Cromwell secretly called at Windsor a council of the chief officers, in order to deliberate concerning the settlement of the na- tion, and the future disposal of the king's person. lu this conference, which commenced with devout prayers, l)0ured forth by Cromwell himself, and other inspired persons, (for the officers of this army received inspira- tion witli their commission,) was first opened the daring and unheard-of counsel, of bringing the king to justice, and of punisliing, by a judicial sentence, their sovereign, for lus pretended tyranny and mal-adminis- tration. While Cliarles lived, even though restrained to the closest prison, conspiracies, they knew, and in- siirrections would never be wanting in favour of a prince, who was so extremely revered and beloved by his own party, and whom the nation in general began to regard with great aflfectiou and compassion. To murder him privately was exposed to the imputation of injustice and cruelty, aggravated by the baseness of such a crime : and ever)- odious epithet of traitor and assassin would, by the general voice of mankind, be in- disputably ascribed to the actors in such a villany. Some unexpected procedure must be attempted, which would astonish the world by its novelty, would bear the semblance of justice, and would cover its barbarity by the audaciousness of tlie enterprise. Striking in with the fanatical notions of the entire cqu.ality of mankind, it would ensui'e the devoted obedience of the army, and serve as a general engagement against the royal family, whom, by their open and united deed, they would so heinously affront and injure* This measure, therefore, being secretly resolved on, it was requisite, by degrees, to make the parliament adopt it, and to conduct them from violence to violence, till this last act of atrocious iniquity should seem in a manner wholly inevitable. The king, in order to remove those fears and jealousies which were perpetu- ally pler.ded as reasons for every invasion of the consti- tution, had offered, by a message sent from Carisbrolce castle, to resign, during his own hfe, the power of the militia and the nomination to all the gie.at offices ; pro- vided that, after his demise, these prerogatives should revert to the crown. But the parliament acted entirely as victors and enemies; and, in all their transactions with him, paid no longer any regard to equity or rea- son. At the instigation of the independents and army, tliey neglected this offer, and framed four proposals, which they sent hira as preliminaries ; and, before they would deign to treat, they demanded his positive assent to all of them. By one he was required to invest the parliament with the military power for twenty years, together with an authority to levy whatever money should be necessary for exercising it : and even after the twenty years should be elapsed, they reserved a right of resuming the same authority, whenever they should declare the safety of the kingdom to require it. By the second, he was to recall all his proclamations and declarations .against the parliament, and acknow- ledge that assembly to have taken arms in their just and necessary defence. By the third, he was to annul all the acts, and void all the patents of peerage, which had passed the great seal, since it had been carried from London by lord-keeper Littleton ; and at the s.ame time, renounce for the future the power of making peers without consent of parUament. By the fourth, he gave the two houses power to adjourn as they thonght • Thf follmvin^: was a favnurhe text anwn^ the enthusiasts of that age : — " Let the hish praises of God be in the mouths of his saints, and a ttvofold swni.J in their hands, toexeeute venKcanec upon the hcarheri and punbhirrent ufori tlic people; to hind their Itinfj-i with chains and their nobles with fet- ters of inm : to execute upon them the judgments written : this honour liave •ill tiis sairts."* I'salm cxlix, ver. 'j— !t. Hugh Teters, the iiud chapiain J Cromwell, preached frequently tpoD thi^ text. proper: a demand seemingly of no great importance: but contrived by the independents, that they might bfi able to remove the p.irliauient to places where itsbould remain in perpetual subjection to the army. IC'48. The king regarded the pretension as unusual and exorbitant, that he should make such concessions, while not secure of any settlement ; and should blindly trust Ills enemies for the conditions which they were afterwards to grant him. lie required, therefore, a per- sonal treaty with the parliament, and desired, that all the terms on both sides should be adjusted, before any concession, ou either side, sliould be insisted on. Tbo i-epublican party in the bouse pretended to take file at this answer; and openly inveighed, in violent terms, against the person and government of the king ; whose name, hitherto, had commonly, in all debates, been men- tioned with some degree of reverence. Ireton, seeming to speak the sense of the army, under the apjiellation of many thousand godly men, who had ventured their lives in defence of the parhament, said, that the king, by denying the four bills, had refused s;Uety and pro- tection to his people; that their obedience to him was but a reciprocal duty for his protection of them; and that, as he had failed ou his part, they were freed from all obligations to allegiance, and must settle the n.ation without consulting any longer so misguided a prince. Cromwell, after giving an ample character of the va- lour, good affections, and godliness of the army, sub- joined, that it was expected the parliament should guide and defend the kingdom by their own jiower and resolutions, and not accustom the people any longer to expect safety and government from an obstin.ate man, whose heart God had hardened ; that those who at the expense of their blood had hitherto defended the par- liament from so many dangers, would still continue, with fidehty and courage, to protect them against all opposition in this vigorous measure. " Teach them not," added he, " by your neglecting your own s.ifety and that of the kingdom, (in which theirs too is in- volved,) to imagine themselves betrayed, and their in- terests abandoned to the rage and malice of an irrecon- cilable enemy, whom, for your sake, they have dared to provoke. Beware," (and at these words he laid his hand on his staord,) "beware, lest despair cause them to seek safety by some other means than by adhering to you, who know not how to consult your own safety." Such arguments prevailed, though ninety-one members had still the courage to oppose. It was voted (loth Janu- ary) that no more addresses be made to the king, nor any letters or messages be received from him ; and that it be treason for any one, without leave of the two houses, to have any intercourse with him. The lords concurred in the same ordinance. By this vote of non-address, so it was called, the king was in reality dethroned, and the whole constitu- tion formally overthrown. So violent a measure was sujiported by a declaration of the commons no less vio- lent. Ths blackest calumnies were there thrown upon the king; such as, even in their famous remonstrance, they thought proper to omit, as incredible and extra, vagant: the poisoning of his father, the betraying of RochcUe, the contriving of the Irish mas.«acre. By blasting his fame, had that injury been in their jiower, they formed a very proper prelude to the executing of violence on his person. No sooner had the king refused his assent to the four bills, than Hammond, by orders from the army, removed all his servants, cut oft" his correspondence with his friends, and shut him up in close confinement. The king afterwards showed to sir Philip Warwick a decrepid old man, who, he said, was employed to kindle his fire, and was the best company he enjoyed, during several months that this rigorous confinement lasted. Xo amusement was allowed him, nor society, which might relieve his anxious thoughts: to be'specdi'.y poisoned or assassinated was the only prospect which he had every moment before his eyes : for ho entor- taincd no apprehension of a judicial scutence and cm?- 702 THK HISTORY OF ENGLAND. [Chap. LIX cutioii; an event of wliich no history liitlierto fiir- nislied an exanijile. Meanwhile, tlic pailianient was very industrious in publishing, from time to time, the intelliseneo wliich they received from llaninioud ; how cheerful the kinj; was, how jileased with every one that approached him, how satisfied in his present condition ; as if the view of such lienignity and constancy had not been more pro])er to inflame, than allay, the general compassion of the people. The great source whence the lung derived consolation amidst all his calamities, was undoubtedly religion ; a principle which in him Bcems to have contained nothing fierce or gloomy, nothing wliich enraged him against his adversaries, or ten-ificd him with the dismal prospect of futurity. While everything around him bore a hostile aspect; while friends, family, relations, whom he passionately loved, were placed at a distance, and unable to serve him, ho reposed himself with confidence in the arms of that Being wlio penetrates and sustains all nature, and whose severities, if received with piety and resigna- tion, he regarded as the surest pledges of unexhausted favour. SECOND CIVIL WAR. The ])arliament .and army, meanwhile, enjoyed not in tianquillity that power wliich they hiid obtained with so much violence and injustice. Combinations and con- spiracies, they were sensible, were everywhere forming around them ; and Scotland, whence the king's cause had received the first fatal disaster, seemed now to promise its support and assistance. Before the surrender of the king's person at New- castle, and much more since that event, the subjects of discontent had been daily multiplying between the two kingdoms. The independents, who began to pre- vail, took all occasions of mortifying the Scots, whom the presbyterians looked on with the greatest affection and veneration. When the Scottish commissioners, who, joined to a committee of English lords and com- mous, had niaiuaged the war, wei'e ready to depart, it was pi'oposed in parliament to give them tlianks for their civilities and good offices. The independents in- sisted, that the words good offices should be struck out; and thus the whole brotherly friendship and intimate alliance with the Scots resolved itself into an acknowledgment of their being well-bred gentle- men . The adviince of the army to London, the subjection of the parliament, the seizing of the king at Iloldenby, his confinement in Carisbroke castle, were so many blows sensibly felt by that nation, as threatening the final overthrow of presbytery, to which they were so passionately devoted. The covenant wiis profanely called, in the house of commons, an almanac out of date: and tliat impiety, though complained of, had passed uncensured. Listead of being able to deter- mine and establish orthodoxy by the sword and by penal statutes, they saw the sectarian army, who were absolute masters, claim an unbounded liberty of con- science, which the presbyterians regarded witli the ut- most abhorrence. All the violences put on the king they loudly blamed, as repugnant to the covenant, by which they stood engaged to defend his royal person. And those very actions of which they themselves had been guilty, they denominated treason and rebellion, when executed by an opposite party. The carls of Loudon, Lauderdale, and Laiioric, who were sent to London, protested .against the four bills ; as containing too groat a diminution of the king's civil powei-, and providing no security for religion. They complained, that notwithstanding this protestation, the bills were still insisted on ; contrary to the solemn league, and to the treaty between the two nations. And when they .accomp.anied the English commis- sioners to the Isle of Wight, they secretly formed ft treaty with the king, for aiming Scotland in his fiivour. INVASION FROM SCOTLAND. Three parties at that time prevailed in Scotland : the royulisis, who insisted upon the restoration of thp king's authority, without any regard to religious sects or tenets : of these Montrose, though absent, was re- garded as the head. The rigid presbyterians, who hated the king even more than they abhorred toleration ; and who determined to give him no assistance, till he should subscribe the covenant : these were governed by Argyle. The moderate presbyterians, who endea- voured to reconcile the interests of religion and of the crown, and lioped, by supporting the presbyterian party in England, to sujjpress the sectarian army, and to reinstate the parliament, as well as the king, in their just freedom and authority : the two brothers, Hamilton and Lancric, were leaders of this party. When Pedennis castle was surrendered to the p.ar- li.amentary army, Hamilton, who then obtained hia liberty, returned into Scotland ; and being generously determined to remember ancient favours, moie than recent injuries, he immediately embraced, with zeal .and success, the protection of the royal cause. He obtained a vote from the Scottish parliament to arm 40,000 men in support of the king's authority, and to call over a considerable body under Monro, who com- manded the Scottish forces in Ulster. And though he openly protested, that the covenant was the foundation of all his measures, he secretly entered into corres- pondence with the English royalists, sir Marmadiike Langdale and sir Philip Mnsgrave, who had levied con- siderable forces ill the north of England. The gener.al assembly, who sat at the same time, and was guided by Argyle, dreaded the consequence of these measures, and foresaw that the opposite party, if successful, would effect the restoration of monarchy, without the establishment of presbytery, in England. To join the king before he had subscribed the covenant was, in their eyes, to restore him to his honour before Christ had obtained his; and they thundered out anathemas against every one who paid obedience to the parliament. Two supreme indepen- dent judicatures were erected in the kingdom ; one threatening the people with damnation and etern.al torments, the other with imprisonment, banishment, and military execution. The people were distracted in their choice ; and the armament of Hamilton's party, though seconded by all the civil power, went on slowly. The royalists he would not as yet allow to join them, lest he might give offence to the eccle- siastical party ; though he secretly promised them trust and preferment as soon as his army thould ad- vance into England. While the Scots were making preparations for the inv.asion of England, every part of that kingdom was agitated with tumults, insurrections, conspiracies, dis- contents. It is seldom that the people gain anything by revolutions in government ;'because the new settle- ment, jealous and insecure, must commonly bo sup- ported with more expense and severity than the old : but on no occasion w.as the truth of tliis maxim more sensibly felt, than in the present situation of Eng- land. Complaints against the oppression of sliip- money, against the tyranny of the star-chamber, had roused the people to arms ; and having gained a com- plete victory over the crown, they found themselves loaded with a multiplicity of taxes, formerly un- known ; and scarcely an appearance of law and li- berty remained in the administration. The presby- terians, who had chiefly supported the war, were enraged to find the prize, just when it seemed within their reach, snatched by violence from them. The royalists, disappointed in their expectations, by the cruel treatment which the king now received from the army, were strongly animated to restore him to liberty, and to recover the advantages which they had unfortunately lost. All orders of men were inflamed with indignation at seeing the military prevail over Chap. LIX.] CHARLES I 1625—1649. 70a (he civil power, and k;ngf and parliament at once re- duced to suljjection Ijv a mercenary armv. JIany per- sons of family and distinction luid, from tlie beginning of tlie war, adiiered to the jiarliament : bnt all tliese weie, by tlie new party, deprived of autliority; and every office was intrusted to the most ignoble part of the nation. A base popnlace exalted alarliament iusisted on the estab- lishment of presbytery, the sale of tlie chapter-lauds, tlie abolition of all forms of prayer, and strict laws against catholics. The king ofl'cred to retrench every- thing whieli he did not esteem of .apostolical institution : he was willing to abolish archbishops, deans, prebends, raiuons: he oflcrcd that the chapter-lands should be let at low leases during ninety-nine years : he consented, that the present church-government should continue during three years. After that time, he required not that anything should be restored to bishops but the power of ordination, and even that power to be exer- cised by advice of tlie jiresbyters. If the ]-arliament, upon the exjiiration of that period, still insisted ou their demand, all other branches of episcopal jurisdic- tion were abolished, and a new form of church-govern- ment must, by common consent, be established. The book of common jirayer he was willing to renounce, but required tlie libei ly of using some other liturgy in his own chapel : a demand which, though seem- ingly reasonable, was positively refused by the par- liament. In the dispute on these articles, one is not sui-prised, that two of the parliamentary theologians should tell the king, "That if he did not consent to theutteraboli- tion of ejiiscopacy, he would be damned." But it is not without some indignation that we read the following vote of the lords and commons: "The houses, out of their detestation to that abominable idolatry used in the mass, do declare, that they cannot admit of, or consent unto, any such indulgence in any law as is desired by his majesty, for exempting the queen and her family from the penalties to be enacted against the exercise of the mass." Tlie treaty of marriage, the re- gard to the queen's sex and high station, even common humanity ; all considerations were undervalued, in comparison of their bigoted prejudices. [See note C N, at the ciid of this To/.] It was evidently the interest both of king and par- liament, to finish their treaty with all expedition ; and endeavour, by their combined force, to resist, if possible, the usurping fury of the army. It seemed even the interest of the parliament, to leave in the king's liand a considerable share of authority, by « liich he might be enabled to protect them and himself from so dangerous an enemy. But the teims on which they insisted were so rigorous, that the king fearing no worse from the most implacable enemies, was in no haste to come to a conclusion. And so great was the bigotry on both sides, that they were willing to sacri- fice the greatest civil interests, rather than relinquish the most minute of their theological contentions. From these causes, assisted by t)ie artifice of the inde- pendents, the treaty was spun out to such a length, tliat the invasions and insurrections were everywhere subdued : and the army had leisure to execute their violent and sanguinary purposes. CIVIL WAR AND INVASION REPRESSED. Hamilton, having entered England with a numerous, although undisciplined army, durst not unite his forces with tliose of Langdale; because the English royalists had refused to take the covenant; auel the Scottish Presbyterians, though engaged for the king, refused lo join them on any other terms. The two armies marched together, though at some distance ; nor could even the approach of the parliamentary army, \inder Cromwell, oblige the covenanters to consult tlieir own safety, by a close union with the royalists. When principles are so absurd and so destructive of human society, it may safely be averred, that the more sincere and the more disinterested they are, they ouly become the more ridiculous and more odious. Cromwell feared not to oppose S.flOO men to the nu- merous armies of 20,000 commanded by Hamilton and Langdalc. He attacked the latter by surj)rise, near Preston in Lancashire ;* .and, though the royalists made a brave resistance, yet not being succoured in time by their confederates, they were almost entirely cut in pieces. Hamilton was next attacked, put to rout, and pursued to Utoxeter, where he surrendered liimstif prisoner. Cromwell followed his advantage; and marching into Scotland with a considerable bodj-, * 17th of Ausust. 33 s ^ g < ^ 3 V Q ■^S ^ ^^ ■5 ^- I Chap. I.IX.] CHARLES I. 1623-1049. 70-5 joined Arjrvli^ wlio was also !ii arms; and liaving sup- pressed Lani'iie, AFonro, and oilier moderate picsbjte- riaiis, lie placed the power entirely in the liaiids of the violent party. Tlio ecclesiastical authority, exalted above the civil, exercised the severest vengeance on all who had a share in Hamilton's engagement, as it was callnl ; nor could any of that party recover trust, or even live in safety, but by doing solemn and public penance for taking arms, by authority of parliament, in defence of their la^^ ful soviMX-igu, The chancellor Loudon, who had, at first, counte- nanced Hamilton's enterprise, being terrified with the menaces of the clergy, had, some time before, gone over to the otlicr party ; and he now ojienly in the church, though invested with the highest civil character ill the liingdom, did penance for his obedience to the parliament, w hlch he termed a iuriiat self-seckiny. lie accomiianied his ])enance with so many tears, and such patiietical addresses to the people for their pi.ayers in this his uttermost sorrow and distress, that an univer- sal weeping and lamentation took place among the deluded audience. The loan of great sums of money, often to the ruin of families, was exacted from all such as lay under any suspicion of favouring the king's party, though their conduct had been ever so inolVensive. This was a device, fallen upon by the ruling Jjarty, in order, as they said, to reach hearl-malignants. Never, in this island, was known a more severe and arbitrary government, than was generally exercised by the jiatrons of liberty in both kingdoms. The siege of Colchester terminated in a manner no less unfortunate than Ilaniilton's eng.agement for the royal cause. After sufteriug the utmost extremities of famine, after feeding on the vilest aliments; the gar- rison desired, at last, to capitulate. Fairfa.x required tliem to surrender at discretion ; .and be gave such an explanation to these terras, as to reserve to himself power, if bo pleased, to put them all inst.antly to the sword. The ofticers endeavoured, though in vain, to persuade the soldiers, by making a vigorous sally, to break through, at le.ist to sell tlieir lives as dear as possible. They were obliged * to accept of the condi- tions offered; and Fairfax, instigated by Ireton, to whom Cromwell, in his absence, had consigned over the government of the passive general, seized sir Charles Lucas and sir George Lisle, and resolved to make them instant sacrifices to military justice. This unusual severity was loudly exclaimed against by all the prisoners. Lord Capel, fearless of dangei-, re- proached Ireton with it ; and challenged him, as they were all engaged in the same honourable cause, to exercise the sajne impartial vengeance on all of them. liUcas was first shot, and he himself gave orders to fire, with the same alacrity as if he had commanded a pla- toon of his own soldiers, Lisle inst,antly ran and kissed the dead body, then cheerfully )ireseuted himself to a like fate. Thinking th.at the soldiers, destined for his execution, stood at too great a distance, he called to them to come nearer : one of them replied, " I'll war- rant you, sir, we'll hit you:" he answered, smiling, " I'rieiids, I have been nearer you when you have mi-ssed me." Tims perished this generous spirit, not less beloved for his modesty and liumanity, than esteemed for his courage and military conduct. Soon after, a gentleman apjiearing in the king's |ire- scnce, clothed in mourning for sir Charles Lucas, that humane jirince, suddenly iccollecting the hard fate of his friends, paid them a tribute, which none of his own nnparalleli'd mistortunes ever extorted from liim : he dissolved into a flood of tears. THE KING SEIZED AGAIN UY THE AHMY. By these multiplied successes of the army, they had subdued all their enemies; and none remained but the helpless king and parliament, to oppose their violent • 18th of August. Vol. I measures. I'rom ('romwell's suggestion, a romon- strancc was drawn by the council of general officers, and sent to the parliament. Tlu'y there complain of the treaty with tlie king; denumd his ijunishment for the blood spilt during the war ; require a dissolution of the juesent parliament, and a more equal represen- tation for the future; and assert, that, though servants, they are entitled to represent these important points to their masters, who are themselves no better than servants and trustees of the people. At the same time, they advanced with the army to Windsor, and sent colonel Euro to seize the king's ])erson at Newport, and convey him to Hurst castle in the neighbourhood,, where he was detained in strict confinement. This measure being foreseen some time before, the king was exhorted to make his escape, which was con- ceived to bo very easy: but having given his word to the parliament not to attempt the recovery of his li- berty during the treaty, ami three weeks after, he would not, by .any persuasion, be induced to hazard the reproach of violating that promise. In vain was it uiged, that a promise given to the i)arliameiit could no longer be binding; since they could no longer afl'ord him protection from violence, tbrcatened him by other persons, to whom he was bound by no tie or engage- inent. The king would indulge no refinements of casu- istry, however plausilde, in such delicate subjects; and was resolved, that w hat depredations soever For- tune should commit upon him, she never should be- reave him of his honour. The parliament lost not courage, notwithstanding the danger with which they were so nearly menaced. Though without any pl.an for resisting mil'iiary usur- pations, they resolved to withstand them to the utter- most ; and rather to bring on a violent and visible sub- version of government, than lend their authority to those illegal and sanguin.ary measures which were pro- jected. They set aside the remonstrance of the army, without deigning to answer it ; they voted the seizing of the king's person to be without their consent, and sent a message to the general, to know by what au- thority that enteri)rise had been executed; and they issued orders, that the army should ad\ancc no nearer to London. HoUis, the present leader of the presbyterians, was a man of unconquerable intrepidity; and many others of that party seconded his niagnanimous spirit. It was proposed by them, that the generals and principal offi- cers should, for their disobedience and usurpations, be proclaimed traitors Iiy the parliament. But the parliament was dealing with men who would not be frightened by words, nor retaided by any scrupulous delicacy. The generals, under the name of Fairfax, (for he still allowed them to employ his name,) maichcd the army to London, and pl.acing guards in Whitehall, the Mouse, St. James's, Durham-house, Covent-garden, and Palace-yard, surrounded the par- liament with their hostile armaments. THE HOUSE rUKGED. December C. The parliament, destitute of all hopes of prevailing, retained, however, courage to resist. They attempted, in the face of the army, to close their treaty with the king ; and, though tbcy h;id formerly voted his conces- sions with regard to the church and delinquents to ho unsatisfactory, they now took into consideration the final resolution with regard to the whole. After a violent debate of three d.ays, it was carried, by a mino- rity of 12!) against 83, in the house of commons, that the king's concessions were a, foundation for the houses to proceed upon in the settlement of the king- dom. Next chiy, w hen the commons were to meet, colonel Tride, formerly a dinyman, had environed the house w ith two regiments ; and, directed by lord Grey of Groby, he seized in the jiassage forty-one members oi the presbyterian (>arty, and Eciit them to a low room, 4 X 706 THE HISTORy OF ENGLAND. [Chap. LiX. which passed by tlie appellation of hell; "hence they were afterwards carrii'd to several inns. Above IGO members more were exchiiled ; and none were allowed to enter but tlie most furious and tlie most determined of the independents ; and these e.-sceeded not the number of fifty or sixtv. Tliis invasion of tlie pailiament com- monly passed under the name of colonel friJe's purge : so nnich disposed was the nation to make merry with the dethroning of those members who liad violently arrogated the whole authority of government, and de- prived the king of Iiis legal prerogatives. The subsequent proceedings of the parliament, if this diminutive assembly deserve that honourable name, retain not the least appearance of law, equity, or freedom. They instantly reversed the former vote, and declared the king's concessions unsatisfactory. They determined, that no member, absent at this last vote, should be reeeived,till he subscribed it as agreeable to liis judgment. They renewed their former vote of non-addresses. And they committed to prison sir William Waller, sir John Clotworlliy, the generals Massey, Brown, Copley, and other leaders of the pres- byterians. These men, by their credit and authority, ■which was then very high, had at the commencement of the -war supported the parliament ; and thereby prejiared the way for the greatness of the present leaders, who, at that time, were of small accouut in the nation. The secluded members having published a paper, containing a narrative of the violence wliich had been exercised upon them, and a protestation, that all acts ■were void, which from that time had been transacted in the house of commons; the remaining members en- countered it ■with a declaration in which they pro- noimced it false, scandalous, seditious, and tending to the destruction of the visible and fundamental govern- ment of the kingdom. These sudden and violent revolutions Iield the whole nation in terror and astonishment. Every man dreaded to be trampled under foot, in the contention between those mighty powers which disputed for the sovereignty of the state. JIany began to withdraw their cfteets bej'ond sea ; foreigners scrupled to give any credit to a people so torn by domestic faction, and oppressed by military usurpation: even the internal commerce of the kingdom began to stagnate. And in order to remedy these growing evils, the generals, in the name of the army, published a declaration, in ■nhich they expressed their resolution of supporting law and jus- tice. The more to quiet the minds of men, the council of officers took into consideration a scheme called TItc agreement of the people; beiug the plan of a republic, to be substituted in the place of that government which they had so violently pulled in pieces. JIany parts of this scheme, for correcting the inequalities of the re- presentative, are plausible; had the nation been dis- posed to receive it, or had the army intended to im- pose it. Otlier parts are too perfect for human nature, and savour strongly of that fanatical spirit so prevalent throughout the kingdom. The height of all iniquity and fanatical exfi-avagance yet remained ; the public trial and execution of their BOvereign. To this period was every measure precipi- tated by the zealous independents. The parliamentary leoders of that party had intended, that the army, themselves, should execute that daring enterprise ; nnd they deemed so iiregular ind lawless a deed best fitted to such irregular and lawless instniments. But \ the generals were too wise to load themselves singly with the infamy which, they knew, must attend an action so shocking to the general sentiments of man- kiud. The parli.-vment, tliey were resolved, should share ■n-ith them the reproach of a measure which was thought requisite for the advancement of their com- LW.m ends of safety and ambition. In the house of commons, therefore, a committee was appointed to bring in a charge against the king. On their report a vote passed, declaring it treason in a king to levy war against his parliament, and appointing a High Couni or Justice to try Charles for th;s new-invented trea- son. This vote was sent up to the house of peers. The house of peers, during the civil ■nars, had, all along, been of small account; but it had lately, since the king's fall, become totally contemptible; and very few members would submit to the mortification of attending it. It happened, that day, to be fuller than usual, and they were assembled, to the number of six- teen. Without one dissenting voice, and almost with- out deliberation, they instantly rejected the voteof the lower house, and adjourned themselves for ten days ; hoping that this delay would be able to retard the furious career of the commons. The commons were not to be stopped by so small an obstacle. Having first established a principle, which is noble in itself, and seems specious, but is belied by all histoi-y and experience. That the people are the crigin of all just power ; they next declared, that the commons of England, assembled in parliament, being chosen by the people, and representing them, are the supreme authority of the nation, and that ■whatever is enacted and declared to be law by the commons, hath the force of law, without the consent of king or house of peers. The ordinance for the trial of Charles Stuart, king of England, so they called him, was again read, and unani- mously assented to. (14th January.) In proportion to the enormity of the violences and usurpations, ■were augmented the pretences of sanctity, among those regicides. " Should au)* one have volun- tarily proposed," said Cromwell in the house, "to bring the king to punishment, I should have regarded him aa the greatest traitor; but, since providence and necessity have cast us upon it, I will pray to God for a blessing on }-our counsels ; though I am not piepared to give you any advice on this important occasion. Even I myself," subjoined he, " ■when I was lately ott'ering up petitions for his majesty's restoration, felt my tongue cleave to the roof of my mouth, and considered this preternatural movement as the answer ■which Heaven, having rejected the king, sent to my supplications." A woman of Hertfordshire, ilhmiiuattd by propheti- cal visions, desired admittance into the military council, and communicated to the officers a revelation, which assured them that their measures "were consecrated from above, and ratified by a heavenly sanction. This intelligence g.ive them great comfort, and much con- firmed them in their present resolutions. Colonel Harrison, the son of a butcher, nnd the most furious enthusiast in the army, was sent with a strong party, to conduct the king to London. At Windsor, Hamilton, who was there detained a jirisoner, was ad- mitted into the king's presence ; aud falling on his knees, passionately exclaimed, " i\y dear master ! " "I have indeed been so to you, ' replied Charles, embracing him. No fui'ther intercourse was allowed between them. The king was instantly inuried away. Hamil- ton long followed him ■vvith his eyes, all suftused in tears, and prognosticated, that in this short saluttition, he had given the last adieu to his sovereign and his friend. Charles himself was assured, that the period of his life was now approaching ; but notwithstanding all the jireparations ■which were making, and the intelligence which be received, he could not, even yet, believe that his enemies reaily meant to conclude their violences by a public trial and execution. A pri\ate assassination ho every moment looked for; aud though Harrison assured him that his apprehensions were entirely groundless, it was by tbatcatastrojihe, sofrequ(nt ivith dethroned princes, that he expected to terniiuate bis life. In appearance, as well as in reality, the king was now dethroned. All the exterior symbols of sove- reignty w ere withdrawn, and his attendants had orders to serve him ■without ceremony. At first he was shocked with instances of rudeness and familiarity, to which he had been so little accustomed. " Notliing ») Cn4P. LIX.] CHARLES I. 1625—1649, 707 contemptible as a despised prince !" was the reflection which they suggested to him. But he soon reconciled his mind to this, as he had done to his other calamities. All the circumstances of the trial were now adjusted ; and the high court of justice fully constituted. It con- sisted of 133 persons, as named liy the commons ; but there scarcely ever sat above 70: so difficult was it, notwithstanding the blindness of prejudice and the allurements of interest, to engage men of any name or character in that crimin.al measure. Cromwell, Ireton, Harrison, and the chief officers of the army, most of them of mean birth, were members, togctlier with some of the lower house and some citizens of London. The twelve judges were at first appointed in the number ; but as tliey had affirmed, that it was contrary to all the ideas of English law to try the Icing for treason, by whose authority all accusations for treason must neces- sarily be conducted; their names, as well as those of some peers, were afterwards struck out. Bradshaw, a lawyer, was chosen president. Coke was appointed solicitor for the people of England. Dorislaus, Steele, and Aske, were named assistants. The court sat in Westminster-liall. It is remarkable, that, in calling over the court, when the crier pronounced the name of Fairfax, which had been inserted in the number, a voice came from one of the spectators, and cried, " He has more wit than to be licre." AATk-'u the charge was read against the king, "In the name of the people of England;" the same voice exclaimed, " Not a tenth part of them." Axtel, the officer who g\iarded the court, giving orders to fire into the box wlience these insolent speecheJi came, it was discovered, that lady Fairfax was there, and that it was she wlio h.id had the courage to utter them. Slie was a person of noble extraction, daughter of Ilorace lord Vere, of Tilbury; but being seduced by the vio- lence of the times, she had long seconded her husband's zeal against tlie royal cause, .and wa-s now. as well as lie, struck with abhorrence at the fatal and unexpected consequence of all his boasted victories. THE KINGS TraAL. The pomp, the dignity, the ceremony of this trans- action corresponded to the greatest conception tliat is suggested in the ann.als of hum.an kind ; the delegates of a great people sitting in judgment upon their su- preme magistrate, and trying him for his misgovcrn- ment and breach of trust. The solicitor, in the name of the commons, represented, that Charles Stuart, being admitted king of England, and intrusted with a limited power ; yet nevertheless, fi-om a wicked design to ei"ect an unlimited and tyrannical government, had traitor- ously and maliciously levied war against the present parliament, and the people whom they represented, and was therefore impeached as a tyrant, traitor, mur- derer, and a public and implacable enemy to the com- monwealth. After the charge was finished, the presi- dent directed his discourse to the king, and told him, that the court expected his answer. The king, though long detained a prisoner, and now produced .as a criminal, sustained, by his magnanimous courage, the majesty of a monarch. With great tem- per and dignity he declined the authority of the court, and refused to submit himself to their jurisdiction. lie represented, that having been engaged in treaty with his two bouses of parliament, and h.iving finished almost every article, he had expected to be brought to his capital in another manner, and ere this time, to have been restored to his power, dignity, revenue, as well as to his personal liberty : that he could not now perceive any a])pearauce of theupper house, so essential a member of the constitution; and had learned, that even the commons, whoso authority was pretended, were subdued by lawless force, and were bereaved of their liberty : that he himself was their Native bebe- BlTAny King ; nor was the whole authority of the StMe, thoufjh free and united, entitled to try liim, who derived his dignity from the Supreme Jlajesty of heaven : that, admitting those extrav.agant principl«a which levelled all orders of men, the court could plead no power delegated by the people ; unless the consent of every individual, down to the meanest and most ignorant peas.ant, had been previously asked and ob- tained : that he acknowledged, without scruple, that he had a trust committed to him, and one most sacred and inviolable : he was intrusted with the liberties of his people, and would not now betray them, by recog- nising a power founded on the most atrocious violence and usurpation : that having taken arms, and fre- quently exposed his life in defence of public liberty, of the constitution, of the fundamental laws of tlie king- dom, he was willing, in this last and most solemn scene, to seal with his blood those precious rights, for wliich, though in vain, he had so long contended : that those who arrogated a title to sit as his judges, were born his subjects, and born subjects to those haws, which determined, Mni the king can do no wrong : that he was not reduced to the necessity of sheltering him- self under this general maxim, which guards every Englisli monarcli, even the least deserving; but was able, by the most satisfactory reasons, to justify those measures, in which he had been eng.aged : that to the whole world, and even to them, his pretended judges, ho was desirous, if called upon in another manner, to prove the integrity of his conduct, and asseit the justice of those defensive arms, to which, unwillingly and un- fortunately, he had had recourse : but that, in order to preserve a uniformity of conduct, he must at present forego the apology of his innocence ; lest, by ratifying an authority, no better founded than that of robbers and pirates, he be justly branded as the betr.ayer, in- stead of being applauded as the martyr, of the con- stitution. The president, in order to support the majesty of l!ie people, and maintain the su|!eriority of his court above the prisoner, still inculcated, that he must not di-cline the authority of his judges; that they ovcr- I'u'ed his objections; that thev were delegated by the people, the only source of every lawful jiowcr ; and that kings themselves acted but in trust from that com- munity, which had invested this high court of justice with its jurisdiction. Even according to those prin- ciples, which in his present situation he was perhaps obliged to adopt, his behaviour in general will appear not a little harsh and barbarous ; but when we consider him .as a subject, and one too of no high character, addressing himself to his unfortunate sovereign, his style will be esteemed, to the last degree, audacious and insoient. Three times was Charles produced before the court, and as often declined theirjurisdiction. On thefourth, the judges having examined some witnesses, bv «hom it was proved that the king bad apjieared in arms against the forces commissioned by the parliament ; they pronounced sentence against him. (27th January.) lie seemed very anxious, at this time, to be admitted to a conference with the two houses ; and it was sup- posed, that he intended to resign the crown to his son : but the court refused compliance, and considered that request as nothing but a delay of justice. It is confessed, that the king's behaviour, during this I.T.st scene of his life, does honour to his memory ; and that, in all appearances before his judges, he never for- got bis part, either .as a prince or as a man. Firm and intrepid, he maintained, in each rejdy, the utmost per- spicuity and justness both of thought and expression : mild and equable, he rose into no p;ission at that im- usual autliority which was assumed over him. His soul, without effort or affectation, seemed only to re- nniin in the situation familiar to it, and to look down with contempt on all the efforts of human malice .and iniquity. The soldiers, instigated by their superiors, were brought, though with difficidty, to cry aloud for justice: "Poor souls! ''said the king to one of his attendants : " for a little money tliey would do as much 708 THE HISTORY OF ENGLAND. [Chap. LIX. against their coium.iiidtn-s." Some of tliem were per- mitted to go the utmost length of hrutiil insolence, and to spit in his face, as he was conducted along the pas- sage to the court. To excite a sentiment of piety was the only effect which this inhuman insult was able to produce upon liim. The i)eople, though under the rod of lawless un- limited power, could not forbear, with the most ardent pravers, ])0>iring foi-th their wishes for his preserva- tion ; and, in his present distress, they avowed liim, by tlieir generous tears for their monarch, whom, in their misguided fury, they had before so violently rejected. The king was softened at this moving scene, and ex- pressed his gratitude for their dutiful affection. One soldier too, seized by cont:ig!nus sympathy, demanded from Heaven a blessing on oppressed and fallen majesty : liis officer, overhearing the prayer, beat him to the ground in the Icing's presence. The punislimeni, me- thinks, exceeds the offence : this was the reflection which Charles formed on that occasion. As soon as the intention of trying the king was known in foreign countries, so enormous an action was exchumed against by the general voice of reason and humanity ; and all men, under whatever form of go- vernment they were born, rejected this example, as the utmost effort of undisguised usurpation, and the most heinous insult on law and justice. The French arabas- s.ador, by orders from his court, interposed in the Icing's , behalf: the Dutch emjiloyed their good offices : the Scots exclaimed and protested ag.iinst the violence : the queen, tlie prince, wrote pathetic letters to the parliament. All solicitations were found fruitless with men whose resolutions were fixed and irrevocable. Four of Charles's friends, persons of virtue and dig- nitv, Richmond, Hertford, Southampton, I.indesey, applied to the commons. They represented that they were the king's counsellors, and had concurred, by their advice, in all those measures which were now imputed as crimes to their royal master : that in the eye of the law, and according to the dictates of common reason, they alone were guilty, and were alone exposed to censure for every blameable action of the prince : and that they now presented themselves, in order to save, by their own punishment, that j)reeious life which it became the commons themselves, and every subject, with the utmost hazard, to protect and defend. Such a generous effort tended to their honour; but contri- buted nothing towards the kiug's safety. The people remained in that silence and astonishment which all great passions, when they have not an oppor- tunity of exerting themselves, naturally produce in the human mind. The soldiers being incessantly plyed with prayers, sermons, and exhortations, were wrought up to a degi-ee of fury, and imagined, that in the acts of the most extreme disloyalty towards their prince, consisted their greatest merit in the eye of Heaven. Three days were allowed the king between liis sen- tence and his execution. This interval he p.assed with great tranquillity, chiefly in reading and devotion . All his family that remained in England were allowed access to him. It consisted only of the pi'incess Eliza- beth and the dnlce of Gloucester ; for the duke of York had male his e.scape. Gloucester was little more tlian an infant : the princess, notwithstanding her tender year.s, showed an advanced judgment; and the cala- mities of her family liad made a deep impression upon her. After many pious consolations and advices, the king gave her in charge to tell the queen, that, during the whole course of his life, he had never once, even in thought, failed in his fidelity towards her; and that his conjugal tenderness and his life should have an equal duration. To the youEig duke too, he could not forbear giving Bonie advice, in order to season his mind with rarly principles of loyalty and obedience towards his brother, who was so soon to be his sovereign. Hohling him on hi< knee he said, " Now they will cut off thy father's heiwl." At. these words the child looked very stead- fastly upon him. " Mark, child I what I say : they will cut off my head, and perhaps make thee a king : but mark what I s.iy, thou must not be a king, as long as thy brothers Charles and James are alive. They will cut off thy brothers' heads when they can catch them! and thy head too they will cut off at last! therefore, I charge thee, do not be made a king by them ! " The duke, sighing, replied, "1 will be torn in pieces first!" So determined an answer from one of such tender years, filled the king's eyes with tears of joy and admiration. Every night, during this interval, the king slei)t sound as usual ; though the noise of workmen, em- ployed in framing the scaffold, and other preparations for his execution, continually resounded in his cars. The morning of the t\ital day (30th Jamuary) he rose early ; and calling Herbert, one of his attendants, ho bade him employ more tliau usual care in dressing him, and pi-epariug him for so great and joyful a so*^ lemnity. Bishop Juxon, a man endowed with the same mild and steady virtues by which the king him- self was so much distinguished, assisted him in his de- votions, and paid the last melancholy duties to his friend and sovereign. EXECUTION OF THE KING. The street before Whitehall was the place destined for the execution : for it was intended, by choosing that very place, in sight of his own palace, to display more evidently the triumph of ])opidar justice over royal majesty. When the king came upon the scaf- fold, he found it so surrounded with soldiers, that he could not expect to be heard by any of the people : he addressed, therefore, his discourse to the i\-vi persons who were about him ; particularly colonel Tomlinson, to whose care he had lately been committed, and upon whom, as upou many others, his amiable deportment had wrought an entire conversion. He justified his own innocence in the late fatal wars, and obser\ed that he had not taken arms till after the parliament liad enlisted forces ; nor had he any other object in his warlike operations, than to preserve that authority entire, wliich his predecessors had transmitted to him. lie threw not, however, the bl.ame upon the parlia- ment ; but was more inclined to think that ill instru- ments had interposed, and raiseil in them fears and jealousies with regard to his intentions. Though inno- cent towards his people, he acknowledged the equity of his execution in the eyes of his Maker ; and ob- served, that an unjust sentence, wliich he had suffered to take effect, was now punished by an vinjust sentence upon himself. He forgave all his enemies, even the chief instruments of his death ; but exhorted them and the whole nation to return to the ways of peace, by paying obedience to their lawful sovereign, his son and successor. When he wa,s preparing himself for the block, bishop Juxon called to him : " There is, sir, but one stage more, which, though turbident and trouble- some, is yet a very short one. Consider, it will soon carry you a great way ; it will carry you from earth to heaven ; and there you shall find, to your great joy, the prize to which you hasten, a crown of glory." " I go," replied the king, "from a corruptible to an incor- ruptible crown ; where no disturbance can have jilace." At one blow was his head severed from his body. A man in a vizor performed the office of executioner another, in a like disguise, held up to the spectators the head streaming with blood, and cried aloud, "This is the head of a traitor !" It is impossible to describe the grief, indignation, and astonishment, which took place, not only among the spectators, who were overwhelmed with a flood of sorrow, but throughout the whole nation, as soon as the report of this fatal execution was conveyed to them. Never monarch, ill the full triumi>h of success and victory, was more dear to Ids people, than his mis- fortunes and magnanimity, his patience and piety, had Chap. LIX.] CHARLES I. 1625—1649. 709 rendered this imnappy piince. In proportion to tlieir former delusions, winch Ii;vd animated them against him, was the violence of their return to duty and affection ; while each reproached himself, either with active disloyalty towards liini, or with too indolent de- fence of his oppressed cause. On weaker minds, the offV-ct of these complicated passions was prodigious. Women are said to have cast forth the untimely fruit of their womb : others fell into convulsions, or sunk into such a melancholy as attended them to their grave : nay, some, unmindful of themselves, as though Ihoy could not, or would not, survive their beloved prince, it is rej.orted suddenly fell down dead. The very pidpits were bedewed with unsuborned tears ; those pulpits, which had formeidy thundered out the most violent imj)reeations and anathemas against him. And all men united in their detestation of those hypo- critical parricides, who, by sanctified pretences, bad .so long disguised their treasons, and in this last act of iniquity, had thrown an indelible stain upon the na- tion. A fresh instance of hypocrisy was displayed the very day of the king's death. The generous Fairfax, not content with being absent from the trial, had used all the interest which lie yet retained, to prevent the exe- cution of the fatal sentence ; and had even emjiloyed persuasion with his own regiment, though none else would follow him, to rescue the king from his disloyal murderers. Cromwell and Ireton, informed of this in- tention, endeavoured to convince him that the Lord had rejected the king ; and they exhorted him to seek by piayer some direction from heaven on this import- ant occasion : but they concealed from him that they liad already signed the warrant for the execution. Harrison was the person appointed to join in prayer with the unwary general. By agreement, he pro- longed his doleful cant, till intelligence arrived, that the fatal blow was struck. He then rose from his knees ; and insisted with Fairfax, that this event wa.s a miraculous and providential answer, which Ileaven had sent to their devout supplications. It being remarked, that the king, the moment be- fore he stretched out his neck to the executioner, had said to Juxon, with a very earnest accent, the single word liEMEMBER, great mysteries were supposed to be concealed under that expression ; and the genei'als vehemently insisted with the prelate, that he should inform them of the king's meaning. Juxon told them, that the king, having frequently charged him to incul- cate on his son the forgiveness of his murderers, had taken this opportunity, in the last moment of his life, when his commands, he supposed, would be regarded as sacred and inviolable, to reiterate that desire ; and that his mild spirit thus terminated its present course by an act of benevolence towards his greatest ene- mies. The character of this prince, as that of most men, if not of all men, was mixed; but his virtues predomi- nated extremely above his vices, or more properly speaking, his inii)ert'ections : for scarce any of his faults rose to that pitch as to merit the appellation of vices. To consider him in the most favourable light, it may be affirmed that his dignity was free from piide, his humanity from weakness, his bravery from rash- ness, his temperance from austerity, his frugality from avarice : all these virtues in him maintained their proper bounds, and merited unreserved praise. To speak the most harshly of him, we may affirm that many of his good qualities were attended with some latent frailty, which, though seemingly inconsiderable, was able, when seconded by the extreme malevolence of his fortune, to disappoint them of all their iuflu- ence : his beneficent disposition w as clouded by a manner not very gracious ; his virtue was tinctured with superstition ; his good sense was disfigured by a deference to persons of a capacity inferior to his own ; uud his moderate temper exempted him not from \maty and precipitate resolutions. He deserves the epithet of a good, rather than a gi'eat man ; and was more fitted to rule in a regular established govern- ment, th.an either to give way to the encroachments of a i)Opular assembly, or finally to subdue their preten- sions. He wanted suppleness and dexterity sufficient for the first measure ; he was not endowed with the vigour requisite for the second. Had he been born au absolute prince, his humanity and good sense had rendered his reign happy and his memory precious: had the limitations and prerogative been in his time quite fi.\ed and certain, his integrity had made him regard, .as s.acred, the boundaries of the constitution. Unhappily, his fate tlu'ew him into a period when the precedents of many fonner reigns savoured strongly of arbitrary power, and the genius of the ]ie(iide ran violently towards liberty. And if his political jiru- dence was not sufficient to extricate him from so peril- ous a situation, he may be excused ; since, even alter the event, when it is commonly easy to correct all errors, one is at a loss to determine what conduct, in his circumstances, coidd have maintained the authority of the crown, and preserved the peace of the nation. Exposed, without revenue, without arms, to the .as- sault of furious, implacable, and bigoted factions, it was never permitted him, but with the most fatal con- sequences, to commit the smallest mistake ; a con- dition too rigorous to be imposed on the greatest human capacity. Some historians have rashly questioned the good faith of this prince : but, for this reproach, the most malignant scrutiny of his conduct, which, in every cir- crmist.ance, is now thoroiighly known, affords not any reasonable foundation. On the contrary, if we con- sider the extreme difficulties to wliich he was so fre- quently reduced, and compare the sincerity of his professions and declarations, we shall avow, that pro- bity and honour ought justly to be numbered among his most shining qiuxlities. In every treaty, those concessions which he thought ho could not in con- science maintain, he never could, by any motive or jiersuasion, be induced to make. And though some violations of the Petition of Right may perhaps be im- puted to him, these are more to be ascribed to the necessity of his situation, and the lofty ideas of royal prerogative, which, from former established prece- dents, he had imbibed, than to any failure in the inte- grity of his principles. [See note G O, at the end of this IV.] This prince was of a comely presence ; of a sweet, but melancholy aspect. His face was regular, hand- some, and well complexioned ; his body strong, healthy, and justly proportioned ; and being of a mid- dle stature, he was cajiable of enduring the gi-eatest fatigues. He excelled in horsemanshiji and other exercises ; and he possessed all the e.xterior, as well as many of the essential qualities which form an accom- l)lished prince. The tragical death of Charles begat a question, whether the people, in any case, were entitled to judge and to punish their sovereign ; and most men, regarding chiefly the atrocious usurpation of the pre- tended judges, and the merit of the ^irtuous prince who suffered, were inclined to condemn the repub- lican principle as highly seditious and extravagant : but there still were a few who, abstracting from the particular circumstances of this case, were able to con- sider the question in general, and were inclined to moderate, not contradict, the prevailing sentiment. Such might have been their reasoning. It' ever, on any occa-sion, it were laudable to conceal truth from the populace, it must be confessed, that the doctrine of re- sistance affords such an example ; and that all specu- lative reasoners ought to observe, with regard to this principle, the .same cautious silence, which the laws in evei'y species of government have ever prescribed to themselves. Government is instituted in order to re- strain the fury and injustice of the people ; and being always founded on opinion, not on force, it is danger- no THE HISTORY OF ENGLAND. TChai'. LIX. ous to weaken, by these specuhitions, the reverence wliieh the multitude owe to authority, and to instruct them beforehand, that the case can ever happen, when they may be freed from tlieir duty of allegiance. Or should it be found impossible to restrain the licence of human disquisitions, it must be .acknowled'jed, that the doctrine of obedience ou^jlit alone to be inculcalal, mid that the exceptions, which are rare, ought seldom or never to be mentioned in jjopular reasonings and dis- courses. Nor is there any danger that mankind, by this iirudent reserve, sliould universally deger.erate into a state of abject servitude. When the e.xception really occurs, even though it be not previously ex- pected and descanted on, it must, from its very nature, be so obvious and undisputed, iis to remove all doubt, and overpower the restraint, however great, imposed by teaching the general doctrine of obedience. But between resisting a jirinco and dethroning him, there is a wide interval ; and the abuses of power, which can warrant the latter violence, are greater and more enormous than those which will justify the former. Histoi-y, however, supplies us with examples even of this kind ; and the reality of the supposition, though, for the future, it ouglit ever to be little looked for, must, by all candid inquirers, be acknowledged in the past. I5ut between dethroning a prince and punisliing him, there is another very wide interval; and it were not strange, if even men of the most enlarged thought should question, whether human nature could ever in any monarch reach that heii;ht of depravity, as to warrant, in revolted subjects, this List .act of extraordi- nary jurisdiction. That illusion, if it be an illusion, which teaches us to pay a sacred regard to the ])ersons of princes, is so salutary, that to dissipate it by tlic fornial trial and punishment of a sovereign, ^lill have more pernicious effects upon the people, tlian the ex- ample of justice can be supposed to have a benefiei.al Influence upon princes, by checking their career of tyranny. It is dangerous also, by these examples, to reduce princes to despair, or bring matters to such ex- tremities against persons endowed with great power, as to leave them no resource, but in the most violent and most sanguinary counsels. This general position being estabhshed, it miLSt, however, be observed, that no reader, almost of any party or principle, was ever shocked when he read, in ancient history, that the Roman senate voted Nero, their .absolute sovereign, to be a public enemy, and, even without trial, condemned him to the severest and most ignominious punishment ; a punishment from which the meanest Roman citizen was, l>y the laws, exempted. The crimes of that bloody tyrant are so enormous, that they bre.ak through .all rules ; and extort a confession, that such a dethroned prince is no longer superior to his people, and can no longer plead, in his own defence, laws, which were established for conducting tlio ordin.aiy course of administration. But when we pass from the ca.se of Nero to that of diaries, the great dispropor- tion, or rather total contrariety, of character immedi- ately strikes us ; and we stand astonished, that, among a civilized people, so much virtue could ever meet with so fatal a catastrophe. History, the great mis- tress of wisdom, furnishes examjiles of all kinds ; and every prudential, as well as moral precept, may be au- thorized by those events, which her enlarged mirror is able to present to us. From the memor.able revolu- tions which passed in Kngland during this period, we may natur.ally deduce the same useful lesson, which ChaHcs himself, in his later years, inferred— that it is dangerous for princes, even from the appearance of ne- cessity to a.ssume more authority than the laws have allowed them. But it must be confessed, that these events furnish us with another instruction, no less natural, and no less useful, concerning the madness of the people, the furies of fanaticism, and the danger of mercenaiy armies. In order to close this part of the British history, it is olso recwsary to relate the dissolution of the monar- chy in England : that event soon foUcwed upon the death of the monarch. When the peers met, on tho day appointed in their adjournment, (Cth I'ejjiuary,) they entered upon business, and sent down some votes to the commons, of which the latter deigned not to take the least notice. In a few days, the lower house passed a vote, that tliey would make no more ad- dresses to the house of peers, nor receive any from them : and that that house was useless and dangerous and was tlierefore to be abolished. A like vote passed with regaid to the monarchy ; and it is remarkable, that Jlartin, a zealous republican, in the debate on this question, confessed that, if they desired a king, the last was as ])ro]ier as any gentleman in England. The commons ordered a now great seal to be engraved, on which that assembly was represented, with this le- gend. On the FinsT Ye,\r of FuEEDoai, uv God's Blessing, restored, 1C48, The forms of all public business were changed, from the king's name, to that of the keepers of the liberties of England.* And it was declared higli-treasou to proclaim, or any other- wise to acknowledge, Chai'les Stuart, commonly called prince of Waleo. The commons intended, it is said, to bind the prin- cess Elizabeth apprentice to a button-maker : the duke of Gloucester was to be taught some other me- chanical employment. But the former soon died, of grief, as is supposed, for her father's tragical end : the latter was, by Cromwell, sent beyond sea. The king's statue, in the Exchange, was thrown down ; and on the pedestal these words were inscribed : Exit Tyrannus, Regum ultimus ; The Tyrant is gone, the last of the Kings. Duke Hamilton was tried by a new high court of justice, as earl of Cambridge in England ; and con- demned for treason. This sentence, which was cer- tainly hard, but which ought to save his memory from all imputations of tre.achei'y to his master, w.as exe- cnted on a scaffold, erected before Westminster-hall. Lord Capel underwent the same fate. Both these noblemen had escajied from prison, but were after- wards discovered and taken. To all the solicitations of their friends for pardon, the generals and piirlia- mentary leaders still replied, that it w.as certainly the intention of Providence they should suffer; since it had permitted them to fall into the hands of their enemies, after they liad once recovered their liberty. Tiie earl of Holland lost his life by .a like sentence. Though of a polite and courtly beh.avionr, he died la- mented by no party. His ingratitude to the king, and his frequent changing of sides, were regarded as great stains on his memory. The earl of Norwich, and sir John Owen, being condemned by the same court, were pardoned by the commons. The king left six children ; three males, Charles, born in KJSO; James, duke of York, born in IC33; Henry, duke of Gloucester, bom in 1(;41 : and three females, Slarv, princess of Or.auge, born 1G31 ; Elizii- beth, born 1635 ; and Henrietta, afterwards duchess of Orleans, born at Exeter, 1(!-14. The archbishops of Canteibuiy in this reign were Abbot and Laud : the lord-keepers, Williams, bishop of Lincoln, lord Coventry, lord I'iuch, lord Littleton, and sir Richard Lane ; the high-admirals, the duke of Buckingham and the earl of Northumberland; the treasurers, the earl of Marlborough, the earl of Port- land, Juxon, bisliop of London, and lord Cotlington; the secretaries of state, lord Conw.ay, sir Albertus Moreton, Coke, sir Henry Vane, lord Falklaml, lord Digby, and sir ]''.dwaid Nicholas. It may be expected that we should here mention the Icon Basilxket a work published in the king's name a few days after his execution. It seems almost imjios- silile, in the controverted parts of history, to .say any- thing which will satisfy the zealots of both parties : • Tlie court of Kinft's Dench was calle-J the court of Public Rcnch. So cautious on this head were some of tile repulillcaus, ttiat, it is prctfiideti . in re- citing the I.ord's prater, lliey would not say, " Thy k-^^dom couic," but always. "• Thy comnignwealtli come " Cii!A<. I,X.l THE COMMONWEALTH, 16M9— 1660. 711 but witli regard to the geiiuincnoss of tliat production, it is not easy for an liistorian to fix any opinion, wliioli will be entirely to liis own satisfaction. The proofs broufjht to evince that this work is or is not the king's, are so convincing, that if any impartial reader peruse any one side apart,* he will think it impossible tliat arguments could be produced, sufficient to counter- balance so strong an evidence : and when he compares both sides, he will be some time at a loss to fix any de- termination. Sliouhl an absolute suspcuse of jiulgment be found difficult or disagreeable in so interesting a question, I must confess, that I nuich incline to give the preference to tlie arguments of the royalists. The testimonies which prove that performance to be the liing's, are more numerous, certain, and direct, than those on the other side. This is the case, even if we consider the external evidence : but when we weigh the internal, derived from the style and composition, there is no manner of comparison. These meditations resemble in elegance, purity, neatness, and sinipHcity, the genius of those performances whiclwwe know with certainty to have flowed from the royal pen : but are so unlike the bombast, perplexed, rhetorical, and cor- rupt style of Dr. Gauden, to whom tliey are ascribed, that no human testimony seems sufficient to convince us that he was the author. Yet all the evidences which would rob the king of that honour, tend to prove that Dr. Gauden had the merit of writing so fine a per- fonnance, and the infamy of imposing it on the world for the king's. It is not easy to conceive the gcner.al compassion excited towards the king, by the publishing, at so critical a juncture, a work so full of piety, meekness, and humanity. Many have not .scrupled to ascribe to that book the subsequent restoration of the royal family. Blilton compares its effects to those which were wrought on the tumultuous Romans by An- thony's reading to them the will of Cicsar. The Icon passed through fifty editions in a twelvemonth ; and independent of the great interest taken in it by the nation, as the su]iposed production of their murdered Bovereign, it must be acknowledged the best prose composition, which, at the time of its publication, was to be found in tlie English language. CHATTER LX. TUE COMMONWEAiTH. fi'ate of Enffland Of Scotland Of Ireland Levellers suppressed Sifircof Dulilin raised Trcilah stornicd C"ovcnantcrs Montrose token I'nsnncr- — -F.xc^uted Covctiantcri- — Hattle of Dunbar Of Wr-rccsier Kind's E«c.va3 become so requisite, as well for the security of the Irish protestants as for promoting his interests in England, the parliament, in order to blacken his con- duct, reproached him with favouring that odious re- bellion, and exclaimed loudly against the terms of the cessation. They even went so far as to declare it en- tirely null and invalid, because finished without tlieir consent ; and to this declar.ation the Scots in Ulster, and the earl of Inchiquin, a nobleman of great au- thority, in Slunster, professed to adhere. 13y their means the war was still kept alive ; but as the danger- ous distractions in England hindered the parliament from sending any considerable assistance to their allies in Ireland, the marquis of Ornioud, lord-lieutenant, being a native of Ireland, and a person endowed with gi'eat prudence .and virtue, formed a scheme for com- posing the disorders of liis countr}', and for engaging the rebel Irish to support the cause of his royal mas- ter. There were many circumstances which strongly invited the natives of Ireland to embrace the king's party. The maxims of that prince had alw.ays led him to give a reasonable indulgence to the catholics throughout all his dominions ; and one principal ground of that enmity, which the puritans professed against him, was this tacit toleration. The parlia- ment, on the contrary, even when unprovoked, had ever menaced the papists with the most rigid re- straint, if not a total extirjiation ; and immediately after the commencement of the Irish rebellion, they put to sale all the estates of the rebels, and had en- gaged the public faith for transferring them to the ad- venturers, who had already advanced money upon that security. The success, therefore, which the arms of the parliament met with at Naseby, struck a just terror into the Irish ; and engaged the council of Kil- kenny, composed of deputies from all the catholic counties and cities, to conclude a peace with the mar- quis of Orniond.t They professed to return to their duty and aUegiance, engaged to furnish ten thousand men for the support of the king's authority in Eng- land, and were content with stipulating, in return, in- demnity for their rebellion and toleration of their religion. Ormond, not doubting but a peace, so advant.ageous and even necessary to the Irish, would be strictly ob- served, advanced with a small body of troops to Kilkenny, in order to concert measures for common defence with his new allies. The pope had sent over to InMand a nuncio, Itinuccini, an Italian ; and this man, whose commission empowered him to direct the s])iri- tual concerns of the Irish, was emboldened, by their ignorance and bigotry, to assume the chief authority in the civil government. Foreseeing that a general submission to the lord-lieutenant would put an end to his own iutluence, he conspired with Owen O'Neal, who commanded the native Irish in Ulster, and who bore a great jealousy to Preston, the general cliiBflj. * In 1C» t In lttl6. I.X.J THE COMMONWE.ALTH, 1649~in60. rl3 tnistoil Ijy tlic council of Kilkenny. By concert, lliesc two malcontents secretly drew forces toijetlier, .ami were ready to fall on Orniond,who reniainoil in s<'cu- rity, trustina; to the pacification so lately concluded with the rel)els He received intelligence of their treachery, made liis retreat with celi-rity and condnct, and sheltered his small .army in Dublin and the other fin'tified towns, which still remained in the liands of the jirotestants. The nuncio, full of arrogance, levity, and ambition, was not contented with this violation of treaty. lie Gumnioned an .assembly of the clergy at Waterford, and engaged them to declare against tliat p.acification, which the civil council had concluded with their sove- reign. Jle even thundered out a sentence of excom- munication .against all who should adhere to a peace, so prejudicial, as ho ])retended,to the catholic religion ; and the deluded Irish, terrified with his spiritual me- naces, ranged themselves eveiywhere on his side, and submitted to his authority. Without .scruple, lie car- ried on war against the lord -lieutenant, and threatened with a siege tlu' protestant garrisons, which were, all of them, very ill |irovided for defence. Meanwhile the unfortunate ltr the mind of the Lord in it towards vou, and we shall help vou by our prayers that vou miv find it. For yet, if we know our heart at all, our bowels do in Christ veam after the codly in Scotland."— Thurloc, vol. i. p. 15a. '/•■20 TflK HISTORY OF ENGLAND. [Chap. LX. 1651. Tlio defi'-it of tlio Scots was loganled by the kill" as a fortunate event. The .iiinies, wliicli fought ou T)Oth sides, were almost equally his enemies ; and the vaiKiiiished were now obliged to give him some more authority, .ind api.Iy to liim for support. The parliament wiis summoned to meet at St. Johnstone's. Hamilton, Lauderdale, and all the eivLrageis were ad- niitted into court and camp, on condition of doing pub- lic |)enance, and expressing roi)enlauco for their late transgressions. Some malignants also crept iu under various pretences. The intended humiliation or pe- niiuce of the king was clianged into the ceremony of his coronation, which was performed at Scone, witli great pomp .lud solemnity. (1st .January ) put amidst all this appearance of respect, Cliarles remained in the liands of the most rigid covenanters : and though treated with civility and courtesy by Argyle, a man of parts and address, ho was little better than a prisoner, and was still exposed to all the rudeness and pedantry of the ecclesiastics. This young [nince was in a situation which very ill suited his temper and disposition. All those good qua- lities which lie possessed, his affability, his wit, his gaiety, his gentleman-lilce, disengaged beliaviour, were here so many ^es ; and his love of ease, liberty, and plrasure, was regarded as the highest enormity. Though artful in the practice of courtly dissimulation, the sanc- tified style was utterly unknown to him ; and lie never could mould his deportment into that starched grimace, which the covenanters required as an infallible mark of conversion. The duke of Buckingham was the only English courtier allowed to attend him; and, by his ingenious talent for ridicule, he had rendered himself extremely agreeable to his master. While so many objects of derision surrounded them, it was diilicult to be altogether insensible to the temptation, and wholly to suppress the laugh. Obliged to attend from morn- ing to night at prayers and sermons, they betrayed evi- dent s^nnptoms of weariness or contempt. The clergy never could esteem the king sufficiently regenerated : and by continual exhortations, remonstranees, and re- prim.auds, they still endeavoured to bring liim to a juster sense of his spiritual duty. The king's jiassion for the fair could not altogether be restrained. He had once been observed using some familiarities with a young woman ; and a committee of ministei's was appointed to reprove him fora behaviour so unbecoming a covenanted monarch. Tlie spokes- man of the committee, one Dougkas, began with a severe aspect, informed the king that great scandal had been given to the godly, enlarged ou the heiuous nature of sin, and concluded with exhorting his majesty, whenever he w;is disposed to amuse himself, to be more careful, for the future, in shutting tlie windows. This delicacy, so unusual to the place and to tlie character of the man, was remarked by the king ; and he never forgot the obligation. The king, shocked at all the indignities, and, perhaps, still more tired with all the formalities, to which he was obliged to submit, made an attempt to regain his liberty. General iliddlcton, at the head of some royalists, being proscribed by the coveuauters, kept in the mountains, expecting some opportunity of serving his master. The king resolved to join this body. He secretly made his escape from Argyle, and fled towards the Highlands. Colonel Montgomeiy, uitli a troop of horse, was sent iu pursuit of him. He overtook the king, and pei-suaded him to return . The royalists being too weak to siii>port him, Charles was the more easily induced to comply. This incident procured him after- wards better treatment and more? authority ; the cove- nanters being afraid of driving him, by their rigours, to some desperate resolution. Argyle renewed his court- ship to the king, and the king, with equal dissimulation, pretended to repose great coulidence in .\rgylo. He even went so far as to drop hints of his intention to marry tliat nobleman's daughter: but he had to do with a mau too wise to be seduced by such gross artifices. As soon as the season would permit, tlie Scottish army was assembled under Hamilton and Lesley ; aud the king was allowed to join the camp. The forces of the western counties, notwithstanding the imminent danger which threatened their country, were resolute not to unite their cause with that of an army wiiicli admitted any engagers or malignants among them ; and tliey kept iu a body apart under Ker. They called themselves the Proleslors ; aud their frantic cleigy de- claimed equ.ally agaiust the king and against Cromwell. The other party were denominated liesolul'wners ; and these distinctions continued long after to divide aud agitate the kingdom. Charles encamped at tlie Torwood ; aud his generals resolved to conduct themselves by the same cautious maxims which, so long as they were embraced, had been successful during the former campaign. The town of Stirling lay at his back, .and the whole north supplied him with provisions. Strong intrenchments defended his front ; and it was in vain that Cromwell raiide every attempt to bring him to an engagement. After losing mueh time, the Kiiglish general sent Lam- bert over the frith into Fife, with an intention of cutting off the provisions of the enemy. Lambert fell upon Holborue and Brown, who commanded a party of the Scots, and put them to rout with great slaughter. Cromwell also passed over with his whole army ; and lying at the back of the king, made it impossible for him to keej) his post any longer. Charles, reduced to despair, embraced a resolution worthy of a young prince contending for emiiire. Hav- ing the way open, he resolved immediately to march into England ; where he expected that all his friends, and all those who were discontented with the present government, would flock to his standard. He per- suaded the geuerals to enter into the same views; and with one consent the army, to the number of 14,000 men, rose from their camp, aud advanced by great journeys towards the south. Cromwell was surprised at this movement of the roy.al army. Wholly intent on offending bis enemy, lie had exposed his friends to imminent danger, and saw the king with numerous forces marcliing into Eng- land ; where his presence, from the general hatred which prevailed against the parliament, was capable of producing some great revolution. But if this conduct was an oversight in Cromwell, he ipiiekly repaired it by his vigilance aud activity. He dispatched letters to the parliament, exhorting them not to be dismayed at the approach of the Scots : he sent orders everywhere for assembling forces to opjiose the king : he ordered Lambert with a body of cavalry to hang upon the rear of the royal army, and infest their march : aud he him- self, leaving Monk with 7M0 men to complete the re- duction of Scotland, followed the king witli all the expedition possible. Charles found himself disappointed in his expecta- tions of increasing his army. Xhe Scots, teiTified at the prospect of so liazardous an enterprise, fell off in great numbers. The English presbyterians, having no warning given them of the king's approach, were not prepared to join him. To tlie royalists, this measure was equally unexpected ; and they were further deter- red from joiuiug the Scottish army, by the orders which the committee of ministers had issued, not to admit any, even in this desperate extremity, who would not subscribe the covenaut. The carl of Derby, leaving the Isle of Man, where he had hitherto maintained his independence, was employed in levying forces in Che- shire aud Lancashire ; but was soon suppressed by a party of the parliamentary army. And the Iting, when ho arrived at Worcestei', found that his forces, ex- tremely harassed by a hasty and fatiguing march, were not morii numerous than when he rose from his camp in the TOTwood. I'HE I'.ATTLE OF WOIICESTEU. September 3. Such is the influence of established govcrumeut, that Chap. LX.] THE COMMONWEALTH, 1649—1660, 7idl the conimonwoaltli, tlioiif;Ii founJcd in usurpation the most unjust ami uniiopular, had autliority sufficient to raise everywhere the militia of the counties ; and these, united with the refjular forces, bent all their efforts ap;aiust the king. With an army of about 30,000 men, Cromwell fell upon Worcester ; and attacking it on all sides, and meeting with little resistance, except from duke Hamilton and general Middlelon, broke in upon the disordered royalists. The streets of the city were strewed with dead. Uamilton, a nobleman of bravery and honour, was mortally wounded ; Massey wounded and taken ]irisoiier ; the king liim.self, having given many proofs of jiersonal valour, was obliged to fly. The whole Scottish army was cither killed or taken prisoners. The country people, inflamed with national antipathy, put to death the few that escaped from the field of battle. THE KINGS ESCAPE. The king left Worcester at six o'clock in the after- noon, and, without halting, travelled about twenty-six miles, in company with flfty or sixty of his friends. To provide for his safety, he tliought it best to separate himself from his companions ; and he left them with- out communicating his intentions to any of them. By the e.arl of Derby's directions, he went to Boscobel, a lone house in the borders of Staffordshire, inhabited by one rcnderell, a farmer. To this man Charles intrusted himself. The man had dignity of sentiments much above his condition ; and though death was de- nounced against all who concealed the king, and a great reward promised to any one who should betray him, he professed and in.iintained unshaken fidelitj'. He took the assistance of his four brothers, equally honourable with himself; and having clothed the king in a garb like their own, they led him into the neigh- bouring wood, put a bill into his hand, and pretended to employ themselves in cutting faggots. Some nights he lay upon straw in the house, and fed on such homely fare as it afforded. For a better concealment, he mounted upon an oak, wliere he sheltered himself « among the leaves and branches for twenty-four hours. He saw several soldiers pass by. All of them were intent in search of the king ; and some expressed, in his hearing, their earnest wishes of seizing him. This tree was afterwards denominated the Royal Oak ; and for many years was regarded by the neighbourhood with great veneration. Charles was in the middle of the kingdom, and could neither st.iy in his retreat, nor stir a step from it, with- out the most imminent danger. Fear, hopes, and party zeal, interested multitudes to discover him ; and even the smallest indiscretion of his friends might prove fatal. Having joined lord Wilraot, who was skulking in tlie neighbourhood, they agreed to put themselves into the hands of colonel Lane, a zealous royulist, who lived at Bcntley, not many miles distant. The king's feet were so hurt by walking about in heavy boots or countrymen's shoes which did not fit him, that he was obliged to mount on horseback ; and he travelled in this situation to Bentley, attended by the Penderells, who had been so faithful to him. Lane formed a scheme for his journey to Bristol, where, it was hoped, he would find a shiji, in which he might transport himself. He had a near kinswoman, Mrs. Norton, who lived witliin three miles of that city, and was with child, very near the time of her delivery. He obtained a pass (for, during those times of confusion, this precaution was requisite) for his sister Jane Lane and a servant, to travel towards Bristol, under pretence of visiting and attending her relation. The king rode before the lady, and personated the servant. Whi-'U they arrived at Norton's, Jirs. Lanepr^nded that she had brought along as her servant a poor lad, a neighbourini; farmer's son, wlio was ill of an ague ; and she begged a private room for him, where he might be quiet. Though Charles kept himself retired in this Vol. I. chamber, the buller, one Pope, soon knew him: the king was alarmed, but made the butler promise that he would keep the secret from every mortal, even from his master; and he was faithful to his engagement. No ship, it was found, would, for a month, set s.ail from Bristol, either for France or Spain ; and the king was obliged to go elsewhere for a passage. He in- trusted himself to colonel Windham of Dorsetshire, an affectionate partisan of the royal family : the natural effect of the long civil wars, and of the furious rage to whieli all men were wrought up in their different fac- tions, was, that every one's inclinations and affections were thoroughly known, and even the courage and fidelity of most men, by the variety of incidents, had been put to trial. The royalists too had, many of them, been obliged to make concealments in their houses for themselves, their- friends, or mor^ valuable effects ; and the art of eluding the enemy liad been frequently prac- tised. All these circumstances proved favourable to the king in the present exigency. As he often passed through the hands of catholics, the Priest's Hole, as they called it, the place where they were obliged to conceal their persecuted priests, was sometimes era- ployed for sheltering their distressed sovereign. Windham, before he received the king, asked leave to intrust the important secret to his mother, his wife, and four servants, on whose fidelity he could rely. Of all these, no one proved wanting either in honour or discretion. The venerable old matron, on the recep- tion of her royal guest, expressed the utmost joy, that having lost, without regret, three sons and one grand- child in defence of his fathei', she was now reserved, in her declining years, to be instrumental in the preserva- tion of himself. Windham told the king, that sir Thomas, his father, in the year 1G3C, a few days before his death, called to him his five sons. "Jly children," said he, " we have hitherto seen serene and quiet times under our three last sovereigns : but 1 must now warn you to prepare for clouds and storms. Factions arise on every side, and threaten the tranquillity of your native country. But whatever happens, do you faith- fully honour and obey your prince, and adhere to the crown. I charge you never to forsake the crown, though it sliould hang upon a bush." '• These last words," added Windham, " m.ade such impressions on all our breasts, that the many afflictions of these sad times could never efface their indelible characters." From innumerable instances, it appears how deep- rooted in the minds of the English gentry of that age was the principle of loyalty to their sovereign ; that noble and generous principle, inferior only in excellence to the more enlarged and more enlightened affection towards a legal constitution. But during those times of military usurpation, these passions were the same. The king continued several days in AVindliam's house ; and all his friends in Britain, and in every part of Europe, remained in the most an.xious suspense with regard to his fortunes : no one could conjecture whe- ther he were dead or alive; and the report of his death being generally believed, happily relaxed the vigilant search of his enemies. Trials were made to jjrocure a vessel for his escape ; but he still met with disap- pointments. Having left Windham's house, he was obliged again to return to it. He passed through many other adventures; assumed different disguises; in every step was exposed to imminent perils ; and received daily proofs of uncorrupted fidehty and attachment. The sagacity of a smith, who remarked that his horse's shoes had been made in the north, and nut in the west, as he pretended, once detected him ; and he narrowly escaped. At Shoreliam in Sussex a vessel was at last found, in which he embarked. He had been known to so many, that if he had not set sail in that critical mo- njent it had been impossible for him to escape. After one and forty d.ivs concealmeut, he arrived safely at Fescamp in Normandy. No less than forty men and women had nt difi'erent times been privy to his conceal- meut and escape. 4 Z ri2 THE HISTORY OF ENGLAND. [Chap LX The battle of VVorccster afFoiiied Cioinwell what lie called his crownin,/ mercy. So chited was lie, ti.at he iiiteiuled to have kniRhtcd in the field tw» ot h.s gene- raU r.anibeit and Fleetwood ; but was dissuaded hy his Vrieiids from cxerling tliis act of regal authoiiiv. His power and ambition were too groat to brooli: sub- mission to the empty name of a rcpublie, wliicli stood chiefly by his intluenee, and was supported by Ins vie- torics. How early he entertained thoughts of taking iuto his Iiand the reins of government is uncertain. We are only assured, that lie now discovered to his intimate friends these aspiring views; and even ex- pressed a desire of assuming tlie rank of king, whicli lie had contributed, with such seeming zeal, to abolish. THE CqilMONWEALTH. The little popularity and credit acquired by the re- publicans further stimulated the ambition of this en- terprising politician. These men had not that large thought, nor those comprehensive views, which miglit qualify them for acting the part of legislators : selfish aims and bigotry chiefly engrossed their attention. They carried their rigid austerity so far as to enact a law," declaring fornication, after the first act, to be felony, without benefit of clergy.* They made small progress in that important work, which tliey i)rofessed to have so much at heart, the settling of a new model of representation, and fixing a jdan of government. The nation began to apprehend, that they intended to establisli themselves as a perpetual legislature, and to confine tlie whole power to GO or 70 persons, who called themselves the parliament of the commonwealth of England. And while they pretended to bestow new hberties upon the nation, they found theniselves obliged to infringe even the most valuable of those which thi-ough time immemorial, had been transmitted from their ancestors. Not daring to intrust the trials of treason to juries, who, being chosen indifferently from among the people, would have been little favour- able to the commoiiweaUh, and would have formed their verdict u|ion the ancient laws, they eluded that noble institution, by which the government of this island has ever been so much distinguished. They had evidently seen in the trial of Lilburu what they could expect from juries. This man, the most turbu- lent, but the most upright and courageous, of human kind, was tried for a transgression of the new statute of treasons ; but though he was plainly guilty, he was acquitted, to the great joy of the people. Westmin- Bter-hall, nay, the whole city, rang with shouts and acclamations. Never did any established power re- ceive so strong a declaration of its usurpation and invalidity ; and from no institution besides the admi- rable one of juries, could be expected thiH magnani- mous effort. That they might not for the future be ex])Osed to affronts, which so much lessened their authority, the parliament erected a high court of justice, which was to receive indictments from the council of state. This court was composed of men devoted to the ruling party, without name or character, detennined to sacri- fice everything to their own safety or ambition. Colo- nel Eusebius Andrews and colonel Walter Slingsby were tried by this court for conspiracies, and con- demned to death. They were royalists, and refused to plead before so illegal a jurisdiction. Love, Gibbous, and other presljyterians, having entered into a plot against tlio republic, were also tried, condemned, and executed. The carl of Derby, sir Timothy Feather- stone, Bemboe, being taken jirisoners after the battle of Worcester, were put to death by sentence of a court-martial ; a method of proceeding declared illegal by that very Petition of Right for which a former par- liament had so strenuously contended, and which, afti-r great efforts, they had extorted from the king. ■ A bill waa lnlrodu=frivateering, some- times on English, sometimes on Spanish vessels. And Hupert at last returned to France, where he disposed of the remnants of his Heet, together with his X'rizes. All the settlements in America, except New Eng- land, which had been planted entirely by the puritans, adhered to the royal party, even after the settlement of the republic ; and sir George Ay.scue was sent with a squadron to reduce them. Bermudas, Antigua, Vir- ginia, were soon subdued. Barbadoes, commanded by lord Willoughby of Parham, made some resistance, but was at last obliged to submit. With equal ease were Jersey, Guernsey, Scilly, and the Isle of Man, brought under subjection to the re- public ? and tlie sea, wliich had been mucli infested by privateers from these islands, was rendered safe to the English commerce. The countess of Derby de- fended the Isle of Man ; and with groat reluctance yielded to the necessity of surrendt-ring to the enemy. This lady, a daughter of the illusti'ious house of Tri- moille in France, had, during the civil war, displayed a manly courage by her obstinate defence of Lathani- house^against the parliamentary forces ; and she re- tained the gloi-y of being the last jierson in the three kingdoms and in all their dependent dominions, who submitted to the victorious couunonwealth. [See note 6 Q, at the end nf this Vol.] Ireland and ^:cotland were now entirely subjected and reduced to tranquillity. Ireton, the new deputy of Ire- land, at tlie head of a numerous army, 30,000 strong, prosecuted the work of subduing the revolted Irish ; and he defeated them in many rencounters, which, though of themselves of no great moment, proved fatal to their declining cause. He punished without mercy all the prisoners w ho had any hand in the mas- sacres. Sir Phelim O'Neale, among the rest, was, some time after, brought to the gibbet, and suffered an ignominious death, which he had so well merited by his inhuman cruelties. Limerick, a considerable tow u, still remained in the hands of the Irish ; and Ireton, after a vigorous siege made himself master of it. He was here infected with the jilague, and shortly after died : a memorable personage, much celebrated for his vigilance, industry, capacity, even for the strict execution of justice in that unlimited command which he possessed in Ireland. He was observed to be inflex- ible in all his purposes ; and it was believed by many, that he wa.s animated with a sincere and passionate love of liberty, and never could have been induced by any motive to submit to the smallest appearance of regal government. Cromwell appeared to be much afFtcted by his death ; and the republicans, who re- posed great confidence in him, were inconsolable. To show their regard for his merit and services, they beli of the Dutch republicans, the parliament thought that tlie time was now favourable for cement- ing a closer confederacy with the States. St. John, chief-justice, who was sent over to the Hague, had entertained the idea of forming a kind of coaUtion between the two republics, « hich would have rendered their interests totally iusep.irable ; but fearing that so extraordinary a pioject would not be relished, he con- tented himself with dropping some hints of it, and openly went no fui-thor tlian to propose a strict defen- sive alliance between England and the United Pro- vinces, such as has now, for near seventy years, taken place between these friendly powers. Hut the States, who were unwilling to form a nearer confederacy with a government whose measures were so obnoxious, and whose situation seemed so precarious, offered only to renew the former alliances with England. And the haughty St. John, disgusted with this disappointment, as well as ir.eensed at many ati'routs, which had been offered him with impunity, by the retainers of the Palatine and Orange families, and indeed by the popu- lace in general, returned into England, and endea- Toured to foment a quarrel between the republics. The movements of great states are often directed by as slender springs as those of individuals. Tliougli war with so considerable a naval power as the Dutch, who were in peace with all their other neighbours, might seem dangerous to the yet unsettled common- wealth, there were several motives which at this time induced the English parliament to embrace hostile measures. Many of the members thought that a fo- reign war would serve a-s a pretence for continuing the same parliament, and delaying the new model of a re- presentative, with which the nation had so long been flat- tered. Others hoped that the war would furnisli a rea- son for maintaining, some time longer, that numerous standing army, which was so much complained of.* On the otlier hand, some, who dreaded the increasing power of Cromwell, expected that the great expense of naval armaments would prove a motive for diminisli- ing the military establishment. To divert the atten- tion of the public from doniestic quarrels towards foreign tiansactious, seemed, in the present disposition of men's minds, to be good jjolicy. The superior power of the English commonwealth, together with its advantages of situation, promised success; and the parliamentary leaders hoped to gain many rich prizes from the Dutch, to distress and sink their flourishing commerce, and by victories to tlirow a lustre on tlieir own establishment, which was so new and unpopular. All these views, enforced by the violent spirit of St. John, who had great influence over Cromwell, deter- mined the parliament to change the purposed alliance into a furious war against the United Provinces. To cover these hostile intentions, the parliament, under pretence of providing for the interests of com- merce, embraced such measures as they Icnew would give disgust to the States. They framed the fixmous act of navigation ; which prohibited all nations from importing into England in their bottoms any commo- dity which was not the growth and manufacture of their own coimtry. liy this law, though the terms in which it was conceived were genera!, the Dutch were principally affected; becaiiso their country produces few commodities, and they subsist chiefly by being the general carriers and factors of Europe. Letters of reprisal were granted to several mercliants, who com- plained of injuries, wliieh, they ])retended, they had received from the States ; and above eiglity Dutch ships fell into their haiuls, and were made prizes. The cruelties committed on the English at Amboyna, which • On Octoher 17, 14.10. t Wea« uild in [lie life of lir Henry Vane, that that famous rcpubliran ovpoanA the Dutch war, and tliai it wu the tnilit&ry gentlemen chiefly who supponeij t!:a: n:«UUK were certainly enormou.s, but which seemed to b« buried in oblivion by a thirty years' silence, were again made the ground of complaint. And the allowing the murderers of Dorislaus to escape, and the conniving at the insults to whicli St. John had been exposed, were represented .as symptoms of an unfriendly, if not a hos- tile, disposition in the States. The States, alarmed at all these steps, sent orders to their ambassadors to endeavour the renewal of the treaty of alliance, wliich had been broken oft' by the abrupt departure of St. John. Not to be nnjjrepared, they equipped a fleet of a hundred and fifty sail, autl took care, by their ministers at London, to inform the council of state of that armament. This intelligence, instead of striking terror into the English republic, was considered as a menace, and further confirmed the parliament in their hostile resolutions. The minds of men in both states were every day more irritated against each other ; and it was not long before these humours broke forth into action. Troinp, an admiral of great renown, received from the States tlie command of a fleet of forty-two sail, in. order to protect the Dutch navigation against the pri- vateers of the English. He was forced, by stress of weather, as he alleged, to take shelter in the road of Dover, where he met with Blake, who commanded an English fleet much inferior in number. Who was the aggressor in the action, which ensued between these two admirals, both of them men of such prompt and fiery dispositions, it is not easy to determine; since each of tliem sent to his own state a relation totally opposite in all its circumstances to that of the other, and yet supported by the testimony of every captain in his fleet. Blake pretended that, having given a signal to the Dutch admiral to strike, Tromp, instead of com- plying, fired a broadside at him. Tromp asserted that he was preparing to strike, and that the English admi- ral, nevertheless, began hostilities. It is certain that the admiralty of Holland, who are distinct from the council of state, had given Troinp no orders to strike, but had left him to his own discretion with regard to that vain but much contested ceremonial. They seemed willing to introduce the claim of an equality with the new commonwealth, and to interpret the formal re- sjject paid the English flag as a deference due only to tlie monarchy. This circumstance forms a strong pre- sumption against the uari'ative of the Dutcli admiral. The whole Orange party, it must be remarked, to which Tromp was suspected to adhere, were desirous of a war with England. Blake, though his squadron consisted only of fifteen vessels, re-enforced, after the battle began, by eight, un- der captain Bourne, maintained the fight with bravery for five hours, and sunk one ship of the enemy, and took another. Night parted the combatants, and the Dutch fleet retired towards the coast of Holland. The populace of Loudon were enraged, and would have insulted the Dutch ambassadors, who lived at Chelsea, had not the council of state sent guards to protect them. Wlien the States heard of this action, of which the consequences were easily foreseen, they were in the utmost consternation. They immediately dispatched Paw, pensionary of Holland, as their ambassador ex- traordinary to Loudon, and ordered him to lay before the parliament the narrative which Tromp had sent of the late rencounter. They entreated them by all the bands of their common religion and common liberties, not to precipitate themselves into hostile measures, but to appoint commissioners, who should examine every circumstance of the action, and clear up the truth, which lay in obscurity. And they pretended that they had given no orders to their admiral to offer any vio- lence to the English ; but would severely punish him, if they found, upon inquiry, that he had been guilty of an action which they so much disapproved. The im- perious parliament would hearken to none of these reasons or romonstrances. Elated by the numerous Ciiap. LX. THE COMMONWEALTH, 1649—1660. 725 Buccpsses whicli tliey Iiad olitained over their domestic enemies, tliey tlioiiglit tliat evcrytliing must yield to their fortunate arms ; and they gladly seized the oppor- tunity, which they sought, of mailing war upon tlie States. Tliey demanded that, witliout any further delay or inquiry, reparation should bo made for all the damages which the English Imd sustained. And when this demand was not complied witli, tliey dispatched orders for commencing war against the United Pro- vinces. Blake sailed northwards with a numerous fleet, and fell upon the herring-busses, which were escorted by twelve men of war. All these he either took or dis- persed. Tromp followed him wilh a fleet of above a hundred sail. When these two admirals were within sight of each other, and preparing for battle, a furious storm attacked them. Blake took shelter in the Eng- lish b.arbours. The Dutch fleet was dispersed, and received great damage. Sir George Ayscue, though he commanded only forty ships, according to the English accounts, engaged, near Plymouth (IGth August) the famous de Ruiter, who had under him fifty ships of war, with tliirty merchant- men. The Dutch ships were indeed of inferior force to the English. De Ruiter, the only admiral in Europe who has attained a renown equal to that of the gi'oatest general, defended himself so well, tliat Ayscue gained no advantage over him. Night parted them in the greatest heat of the action. De Ruiter next day eaileil off with his convoy. The English fleet had been so shattered in the figlit, that it was not able to pursue. Near the coast of Kent, Blake, seconded by Bourne nnd Pen, met a Dutch squadron {28th October,) nearly equal in numbers, commanded by de Witte and de Ruiter. A battle was fought, much to the disadvan- tage of the Dutch. Their rear-admiral was boarded and taken. Two other vessels were sunk, and one blown up. The Dutch next day made sail towards Holland. The EuglLsh were not so successful in the IModiterra- nean. Van fialen, with much superior force, attacked captain Badily, and defeated him. He bought, how- ever, his victory with the loss of his life. Seii-fights are seldom so decisive as to disable tlie vanquished from making head in a little time against the victors. Tromp, seconded by de Ruiter, met, near the Goodwins, with Blake, (29th November,) whose fleet was inferior to the Dutch, but who resolved not to decline the combat. A furious battle commenced, where the admir.als on both sides, as well as the infe- rior officers .and seamen, exerted great br.avery. In this action the Dutch bad the advantage. Blake him- self was wounded. The Garland and Bonaventure were taken. Two ships were burned, and one sunk; and night came opportunely to save the English fleet. After this victory, Tromp, in a bravado, fixed a broom to liis mainmast ; as if he were resolved to sweep the sea entirely of all English vessels. 1G53. (iieat preparations were made in England, in oi'der to wipe oft' this disgrace. A gallant fleet ot eighty sal' was fitted oiiT. Blake commanded, and Dean nnder him, together with Jlonk, wlio had been 6ent for from Scotland. When the English Lay oil' Portland, (18th February,) they descried, near break of day, a Dutch fleet of seventy-six vessels sailing up the Ch.annel, along with a convoy of 300 merchantmen, ■who had received orders to wait at the isle of Ulie, till the fleet should arrive to escort them. Tromp, and, under him, de Ruiter, commanded the Dutch. This battle was the most furious tliat had yet been fought between these w.arlike and rival nations. Three days was the combat continued with the utmost rage and obstin.acy; and Bkake, who was victor, gained not more honour than Tromp, who was vanquished. The Dutch admiral made a skilful retreat, and saved all the merchant ships, except thirty. He lost, however, eleven ships of war, h.ad 2,000 men slain, and near 1500 taken prisoners. The English, thongh many of their sliips were extremely shattered, had but one sunk. Their slain were not ninch inferior in number to those of the enemy. All these succesies of the Engli.'^h were chiefly owing to the superior size of their vessels; an advantage which all the skill and bravery of the Dutch admirals could not compensate. By means of ship-money, an imposition which had been so much complained of, and in some respects with reason, the late king had put the n.avy into a situation wljjch it had never attained in any former reign ; and he ventured to build shijis of a size whicli was then unusual. But the misfortunes which the Dutch met with in battle were small in com- parison of those which their trade sustained from the English. Their whole commerce by llie C'linnnel was cut oft"; even that to the Baltic was much infested by English privateers. Their fisheries were totally sus"- pended. A great number of tlieir ships, above' I COO, had fallen into the luands of the enemy. And all this distress they suft'ered, not for any nat"ion:il interest or necessity ; but from vain points of honour and personal resentments, of which it was difficult to give a satisfac- tory account to the public. Tliey resolved, therefore, to gratify the pride of the parliament, and to make some adv.ances towards peace. They met not, however, with a favourable reception ; and it was not without pleasure that they learned the dissolution of that haughty assembly, by the violence of Cromwell; an event from wliicli they expected a more pro.';perons turn to their aft'airs. DISSOLUTION OF THE PARLIAMENT. Tlie zealous republicans in the parliament bad not been the chief or first promoters of the w.ar; but wlien it was once entered npon, tliey endeavoured to draw from it every possible advantage. On all occasions they set up the fleet in opposition to the army, and celebrated the glory and successes of their naval ar- maments. They insisted on the intoler.able expense to which the nation was subjected, and urged the neces- sity of diniiuisliing it, by a reduction of the land-forces. They had ordered some regiments to serve on board the fleet, in the quality of marines. And C'roniwcll, by the whole train of their proceedings, evidently saw that they Iiad entertained a jealousy of bis iiowcr and ambition, and were resolved to bring him to a subor- dination under their authority. AVithout scruple or delay, he resolved to prevent tliem. On such firm foundations was built the credit of this extraordinary man, that though a great master of fraud and dissimulation, he judged it superfluous to employ any disguise in conducting this bold enterjirise. He summoned a general council of officers ; and immedi- ately found that they were disposed to receive what- ever impressions he was pleased to give them. Host of tlieni were his creatures, had owed their advance- ment to his favour, and relied entirely npon him for their future preferment. The breach being already made between the military and civil powers, when the late king was seized at Iloldenby ; the general officers regarded the parliament as at once their creatine and their rival ; and thought that they themselves were en- titled to share among them those offices and riches, of which its members had so long kept possession. Har- rison, Rich, Overton, and a few others, who retained some principle, were guided by notions so extrava- gant, that they were easily deluded into measures the most violent and most criminal. And the wliole army had already been guilty of such illegal and atrocious actions, that tliey could entertain no further scruple with regard to any enterprise which might serve their selfish or fanatical purposes. In the council of officers it w.is presently voted to frame a remonstrance to tiie jiarliament. After com- plaining of the arrears due to the army, they thero desired the parliament to reflect how many years thoy 726 THE HISTORY OF ENGLAND. [Chap LXl. had sat, and wliat professions they had fornieily made of their intentions to iiew-niodcl tlie representative, and cstablisli succeRsivo parliaments, who miglit bear the burden of national affiiirs, from which tlicv them- selves would gladly, after so much danger and fatigue, be at last relieved. They confessed that the parlia- ment had aehicved great enterprises, and had sur- mounted mighty difticnlties; yet was it an injury, they said, to the rest of the nation to bo excluded from bearing any part in the service of their country, it was now full tiine for them to give place to others; and they tlierefore desired tliem, after settling a council who might execute the laws during the interval, to summon a new parliament, and establish that free and equal government, which they had so long promised to the people. The parliament took this remonstrance in ill part, and made a sharp reply to the council of officers. Tlio officers insisted on their advice ; and by mutual alter- cation and opposition the breach became still wider between the army and the commonwealth. Cromwell, finding matters ripe for his purpose, called a council of officers, (-iOtli April,) in order to come to a determi- nation with reg.ard to the public settlement. As he had here many fiiend>:, so hadhe also some opponents. Harrison, having assured the council that the general sought only to pave the way for tlie government of Jesus and his saints, major Streator briskly replied, that Jesus ought tlicn to come quickly: for if he de- layed it till after Christmas, he would come too late; he would find his place occupied. While the officers ■were in debate, colonel Ingoklsby informed Cromwell, that the parliament was sitting, and had come to a re- solution not to dissolve themselves, b\it to fill up the house by new elections ; and was at that very time en- gaged in deliberations with regard to this expedient. Cromwell in a rage immediately hastened to the house, and carried a body of 300 soldiers along with him. Some of them he placed at the door, some in the lobby, some on the stairs. He first addressed himself to his friend St. John, and told him that he had come with a purpose of doing what grieved him to the very soul, and what lie had earnestly with tears besought the Lord not to impose upon him ; but there was a necessity, in order to the glory of God and good of the nation. He sat down for some time, and heard the debate. He beckoned Harrison, and told him that he now judged the parliament ripe for a dissolution. "Sir," said Harrison, " the wo\-k is very great and dangerous; I desire you seriously to consider, before you engage in it." — " You say well," replied the general ; and thereupon sat still about a quarter of an hour. "When the question was ready to be put, he said ag.-iin to Har- rison, "This is the time: I must do it." And suddenly starting up, he loaded the parliament with the vilest reproaches, for their tyranny, ambition, oppression, and robbery of the public. Then stamping with his foot, which was a signal for the soldiers to enter; "For shame!" said he to the parliament ; "get yon gone; give place to honester men ; to those who will more faithfully discharge their trust. You ai-e no longer a p.arliamcnt: I tell yon, you are no longer a parliament. The Lord has done with you : he has chosen other in- struments for carrying on his work." Sir Harry Vane exclaiming against this proceeding, he cried with a laud voice, " ! sir Harry V^aue, sir Harry Vane ! the Lord deliver me from sir Harry Vane !" Taking hold of JIartin by tlie cloak. "Thou art a whore- master," said he. To another, " Thou art an adul- terer." To a third, "Thou art a drunkard and a glutton." "And thou an extortioner," to a fourth. He commanded a soldier to seize the mace. "AVhat shall we do with this bauble ? here, take it away. It is yon," said he, addressing himself to the house, "that have forced me upon this. I have sought the Lord night and day, that ho would rather slay me than put rae upon this work." Having commanded the soldiers ; to clear the hull, lie liiuiself went out the last, and i ordering the doors to bo locked, departed to his lodg- ings in Whitehall. In this furious mannei-, which so well denotes liis genuine character, did Cromwell, without the least op- jiosition, or even murmur, annihilate that famous as- sembly which had filled all Kuropewith the renown of its actions, and with astonishment at its crimes, and whose commencement was not more ardently desired by the people than was its final di.ssolntion. All parties now reaped successively the melancholy pleasure of .seeing the injuries which they had suffered, revenged on their enemies ; and that too by the same arts which had been practised aganist them. The king had, in some in- stances, stretched his jircrogative beyond its just bounds; and, aided by the church, had well nigh put an end to all the liberties and privileges of the nation. The presbyterians checked the progress of the court and clergy, and excited, by cant and hypocrisy, the poinilac<', first to tumults, then to war, against the lung, the jioers, and all the royalists. No sooner liad they reached the pinnacle of grandeur, than the inde- pendents, under the appearance of still greater sanctity, instigated the army against them, and reduced them to subjection. The indepondrnt.s, amidst their empty dreams of liberty, or lathcr of dominion, were op- pressed by the rebellion of their own servants, and found themselves at once exposed to the insults of power and hatred of the people. By recent, as well as all ancient, example, it was become evident th.at illegal violence, with whatever pretences it may bo covered, and whatever object it may pursue, must in- evitably end at last in the arbitrary and despotic go- vernment of a single person. CIIA PTEU LXI. Cromwfll's Uirtli and private Life Uai-ebone's Parliament Crom.iell maJc I'rotcctor Peace with Holland A new Pailiain-;nt Insur- rectioiKjl the Hoyalists State of I'lniupe W ar uitlt Spain ^ Janiiiiea conquered Success and IJeath of Admiral UI.lke Uouicstlc .Adminis- tration of Cromwell Humlile Petitiin and Advice Dunkil'k taUen Sickness of ttie Protector llis l.catji and Character. CROJrWELL'S BIRTH AND PRIVATE LIFE. OLIVER CROMWELL, in whose hands the dissolu- tion of the parliament had left the whole power, civil and military, of throe kingdoms, was born at Hunt- ingdon, the last year of the former century, of a good family; thotigh he himself, being the son of a second brother, inherited but a small estate from his father. In the course of his education he had been sent to the university ; but his genius was found littlefitted for the calm and elegant occniiations of learning, and he made sm.all proficiencies in his studies He even threw him- self into a dissolute and disordej-ly course of life ; and he consumed in gaming, drinking, debauchery, and country riots, the more early years of his youth, and dissipated part of his patrimony. All of a sudden the spirit of reformation seized J^im ; he married, affected a grave and composed beliavioui-, enteied into all the zeal and rigour of the puritanical party, and ofteied to restore to every one whatever sums he had formerly gained by gaming. The same vehemence of temper, which had transported him into the extremes of plea- sure, now distinguished his religions habits. His house w.as the resort of all the zealous clergy of the party ; and his hospitality, as well as his liberalities to the silenced and deprived minister.s, ]n-oved as chargeable as his former debaucheries Though ho had acquired a tolerable fortune by a maternal uncle, he found hia affairs so injured by iiis expenses, that he was obliged to take a farm at St. Ii'cs, and apply himself, for some years, to agricidturc as a profession. But this expe- dient served rather to involve liiin in further debts and difficulties. The long prayers which he said to hi;; Chap. LXI.] THE COMMONWEALTH. 1649—1660. 72*? family in tlie morning, and again in the afternoon, con- Buuicd his own time and that of liis plouglimcn ; and he rescrvfid no leisure for tlie care of his temporal af- fairs. His active mind, superior to the low occupa- tions to which he was condemned, preyed upon itself; ond he indulged his imagination in visions, illumina- tions, revelations; the great nourishment of that hy- pochondriacal temper, to which he was ever subject. Urged by his wants and his l>iety, he had made a party with Hambden, his near kinsman, who was pressed only by tlie latter motive, to transport himself into New England, now become the retreat of the more zealous among the puritanical party ; and it was an order of council which obliged them to disembark and remain in England. The eail of Bedford, who pos- sessed a large estate in the Fen Country, near the Isle of Ely, having uudertalicn to drain these mora-sses, was obliged to apply to the king; and by the pow- ers of the prerogative, he got commissioners ap- pointed, who conducted that work, and divided the new-acquired land among the several proprietors. He met with opposition from uiany, among whom Crom- well distinguished himself ; and this was the first pub- lic opportunity which be had met with of di-scovering tlie factious zeal aud obstinacy of his character. From accident and iutrigue he was chosen by the town of Cambridge member of the long parliament. His domestic affairs were then in great disorder; and he seemed not to possess any talents which could qualify him to rise in that i)ublic sphere into which he ■was now at last entered. His person was ungraceful ; his dress slovenly ; his voice untunalile ; his elocu- tion homely, tedious, obscure, and embarrassed. The fen-our of his spirit frcq\iently prompted him to rise in the house ; but he was not heard with attention : his name, for above two years, is not to be found oflener than twice in any committee ; and those com- mittees, into which lie was admitted, were chosen for affairs which would more interest the zealots than the men of business. In comparison of the eloquent speakers and fine gentlemen of the liouse, he was en- tirely overlooked ; and his friend Hambden alone was acquainted with the depth of his genius, and foretold that, if a civil war should ensue, he would soon rise to eminence and distinction. Cromwell himself seems to have been conscious where liis strength lay ; and partly from that motive, partly from the uncontrollable fury of his zeal, he always joined that party which pushed everything to extremi- ties against the king. He was active in promoting the famous remonstrance, which was the signal for all the ensuing commotions; and when, after a long debate, it was carried by a small majority, he. told lord Falkland, that if the question had been lost, he was resolved next day to have converted into ready money the remains of his fortune, and immediately to have left the kingdom. Nor was this resolution, he said, peculiar to himself: many others of his party he knew to be equally de- termined. He was no less than forty-three years of age, when he first embraced the military profession ; and by force of genius, without any master, he soon became an ex- cellent officer ; though perhaps he never reached the fame of a consummate commander. He raised a troop of horse ; fixed his quarters in Cambridge ; exerted great severity towards that imiversity, which zealously adhered to the royal party; and showed himself a man who would go all lengtlis in favour of that cause which he had espoused. He would not allow his soldiers to perph'X their heads with those subtleties of fighting by the king's authority against his person, and of obeying his majesty's commands signified by both hoDses of parliament ; he plainly told them, that if he met the king in battle, he would fire a pistol in his face as rea- dily as ag,ainst any other man. His troop of horse he soon augmented to a regiment; and he first instituted that discipline and inspired that spirit which rendered the parliamentary armies in the end victorious. " Your I troops," said he to Hambden, according to his own ao- count,* "aremostof them old, decayed serving-men and tapsters, and such kind of fellows ; the king's forces are composed of gentlemen's younger sons, and persons of good quality. And do you think that the mean spirits of such base and low fellows as ours will ever be able to encounter gentlemen that have honour and courage and rcsolntion in them ? You must get men of spirit, and take it not ill that I say, of a spirit that is likely to go as far as gentlemen will go, or else I am sure you will still be beaten, as you have hitherto been, in every encounter." He did as he proposed. He enlisted the sons of freeholdeis and tiirmers. He carefully invited into his regiment all the zealous fanatics throughout England. When they were collected in a body, their enthusiastic spirit still rose to a higher pitch. Their colonel, from bis own natural character, as well as from j)olicv, was suffi- ciently inclined to increase the flame. He preached, he prayed, he fought, he punished, he rewarded. The wild enthusiasm, together with valour and discipline, still propagated itself; and all men cast their eyes on so pious and so successful a leader. From low com- mands he rose with great rapidity to be really the fii-st, though in appearance only the second in the army. By fraud and violence, he soon rendered himself the fir.st in the state. In proportion to the increase of his au- thority, his talents always seemed to expand them- selves ; and he displayed ever}- day new abilities, which bad lain dormant till the very emergence by which they were called forth into action. All Europe stood astonished to see a nation so turbulent and niimly, who, for some doubtful encroachments on their jirivi- leges, had dethroned and murdered an excellent prince, descended from a long line of monarchs, now at last subdued and reduced to slavery by one, who, a few years before, was no better than a private gentleman, who.se name was not known in the nation, and who was little regarded even in that low sphere to which lie had always been confined. The indignation, entertained by the people, against an authority, founded on such manifest usurpation, was not so violent as might naturally be expected. Con- gratulatory addresses, the first of the kind, were made to Cromwell liy the fleet, by the army, even by many of the chief corporations and counties of England ; but especially by the several congregations of saints, dis- persed tlirougliout the kingdom. The royalists, though they could not love the man who had imbrued his hands in the blood of their sovereign, expi'cted more lenity from him, than from the jealous and imperious republicans, who had hitherto governed. The presby- terians were pleased to see those men, by whom they h.id been outwitted and expelled, now in their turn ex- pelled and outwitted by their own servant ; and they applauded him for this last act of violence upon the parliament. These two parties composed the bulk of the nation, and kept tlie people in some tolerable temper. All men likewise, harassed with wars and factions, were glad to see any prospect of settlement. And they deemed it less ignominious to submit to a person of such admirable talents and capacity, than to a few ignoble enthusiastic hypocrites, who, under the name of a republic, had reduced them to a cruel subjection. The republicans, being dethroned by Cromwell, were the party whose resentment he had the greatest rea- son to apprehend. That party, besides the indepen- dents, contained two sets of men, who are seemingly of the most oppo.site principles, but who were then united by a similitude of genius and of character. The first and most numerous were the miilenarians, or fifth-monarchy men, who insisted, that, dominion being founded in grace, all distinction in magistracy must be abolislied, except what arose from piety and holiness; who expected suddenly the second coming of Christ upon earth ; and who pretended, that the • Cocfcrenee iirid at WhitdiiK. 748 THK HISTORY OF ENGLAND. [Chap LXI Bainta in the iiieanwhilo, that is, themselves, were alone entitled to govern. The second were the deists, who luid no other object tlian political liberty, who denied entirely the truth of revelation, and insinuated, that all the various sects, so lieated against each other, were alike founded in folly and in error. Men of sucli daring geniuses were not contented with the ancient and legal forms of civil government ; but challenged a degree of freedom beyond what they expected ever to enjoy under any monarchy. Slartin, Challoner, Har- rington, Sidney, Wildman, Nevil, were esteemed the heads of this small division. BAREBONE'S PARLIAMENT. The deists were perfectly hated by Cromwell, be- cause ho had no hold of enthusiasm, by which ho could govern or overreach them ; he therefore treated them with great rigour and disdain, and usually denomi- nated them the heathens. As the millenarians had a great interest in the army, it was much more important for 'him to gain their confidence ; and their size of understanding afforded him great facility in deceiving them. Of late years it had been so usual a topic of conversation to discourse of parliaments and councils and senates, and the soldiers themselves had been so much accustomed to enter into that sjiirit, that Crom- well thought it requisite to establish sometliiug whieli might bear the face of a commonwealth . lie supposed that God, in his providence, had thrown the whole right, as well as power, of government into his hands ; and without any more ceremony, by the advice of his council of officers, he sent summons to a hundred and twenty-eight persons of diiferent towns and counties of England, to five of Scotland, to six of Ireland. lie pretended, by his sole act and deed, to devolve upon these the whole authority of the state. This legisla- tive power they were to exercise during fifteen months, and they were afterwards to choose the same number of persons, who might succeed them in that high and important otfiee. There were great nuniliers at that time, who made it a principle always to adhere to any power whicli was uppermost, .and to support the established government. This m.axim is not peculiar to the people of that age ; but what ni.ay be esteemed peculiar to them, is, that there prevailed a hypocritical phrase for expressing so prudential a conduct ; it was called a waiting upon providence. When providence, therefore, was so kind as to bestow on tliese men, now assembled to- gether, the supreme authority, they must have been very ungrateful, if, in their turn, they had been want- ing in complaisance towards her. They immediately (■Itli July) voted themselves a parliament ; .and having their own consent, as well as that of Oliver Cromwell, for their legislative authority, tiiey now proceeded very gr.avely to the exercise of it. In this notable assembly were some persons of the rank of gentlemen ; but the far greater part were low mechanics ; fifth-monarchy men, anabaptists, anti- nomians, independents ; the very dregs of the fanatics. They began with seeking God by pr.ayer : this office was performed by eight or ten gifted men of the as- sembly; and with so much success, that, according to the confession of all, they had never before, in any of their devotional exercises, enjoyed so much of the Holy Spirit as was then communicated to them. Their liearts were, no doubt, dilated when they considered the high dignity, to which they supposed themselves exalted. They had been told by Cromwell, in his first discourse, that he never looked to see such a day, when Christ should be so owned.* They thought it, there- ' These are his expressions fure, their duty to proceed to a thorough reformation, and to pave the way for the reign of the Redeemer, and for that great work whicli, it was expected, the Lord w.as to bring forth among them. All fanatics, being consecrated by their own fond im.agiuations, naturally bear an antipathy to the ecclesiastics, who claim a peculiar sanctity, derived meiely from their office and priestly character. This parliameut took into consideration the .abolition of the clerical function, as savoui-ing of popery ; and the taking away of tithes, which they called a relict of Judaism. Learning also and the universities were deemed heathenish and un necessary : the common law was denominated a badge of the conquest and of Norman sl.avery ; and they threatened the lawyers with a toPal abrogation of their profession. Some steps were even taken towards .an abolition of the chancery, the highest court of judica- ture in the kingdom ; and the Jlosaical law was in- tended to be established as the sole system of English jurisprudence.* Of all the extraordinary schemes adopted by these legislators, they had not leisure to finish any, except that which established the legal solemnization of mar- riage by the civil magistrate alone, without the inter- position of the clergy. They fo\iud themselves ex- posed to the derision of the public. Among the fa- natics of the house, there was an active member, much noted for his long prayers, sermons, and ha- rangues. He was a leather seller in London : his name, Praise-God Barebone. This ridiculous name, which seems to have been chosen by some poet or allegorist to suit so ridiculous a personage, struck the fancy of the people; and they commonly affixed to this assembly the appellation of Barebone's parlia- ment, t The Dutch ambassadors endeavoured to enter into negociation with this parliament; but, though pro- testants and even presbyterians, they met with a bad reception from those who pretended to a sanctity so much superior. The Hollanders were regarded as worldly-minded men, ijitent only on commerce and industry ; whom it was fitting the saints should first extirpate, ere they undertook that great work, to which they believed themselves destined by provi- dence, of subduing Antichrist, the man of sin, and ex- tending to the uttermost bounds of tlie earth the kin"- dom of the Redeemer. The amb.assadors, finding themselves proscribed, not as enemies of England, but of Christ, remained in astonishment, and knew not which was most to be admired, the implacable spirit or egregious folly of these pretended saints. Cromwell began to be ashamed of his legislature. If he ever had any design in summoning so prepos- terous an assembly beyond amnsing the populace and the army, he had intended to alarm the clergy and lawyers ; and he had so far succeeded as to make them makes his people willing in the day of his power.' Rod manifests it to Ic the day of the power of I'lirist, having throut-h so ralich liloo 1 and so much trial as has heen ui>on this nation, he makes this one of tlie fjreatcst mercics.'ncxt to his own Son, to have his people called to the supreme authority. God hath ownea his Son, and hath owned you, and hath made you to own him. I confess I never Icxiked to have seen such a day : I did not." I suppose at this passage he cried ; for he was very much given to weeping, and could at any time shed abundance of tears. I'hc rest of the speech may be seen amonK Milton's State Papers, pa;;e KHJ. It is very curious, and full of the same ob- scurity, confusion, embarrassment, and absurdity, which appear in almost all Olivers productions. • Conference held at Wliitchall. 1 It was usual for the pretendeil saints at that time to change their names from Henry, Ldward, Anthony, William, which they regarded asheathenish, into others more sanctified and godly ; even t he ,\e' v 1-estamcnt names, James, Andrew, John, Teter, were not held in such regard as those whicji were bor- rowed from the Old Testament, Hezekiah, Habakkuk, Joshua, Zerobabel. Sometimes a whole godly sentence was adopted as a name. Here are the names of a iurj- said to be enclosed in the county of Sussex about that time- Accepted, 'IVeior of Norsham; Kedeemed, fompton of Ilattle ■ Faint not, Hewitof Heathfield: Makepeace, Heaton of Hare: God Heward ^mart of Fivehursl; Standfast on High, Stringer of Croivhurst; Earth, Adams of Warbleton; Callel, Lower of the same; Kill Sin, I'implc of Witham ■ Re- turn, Spclman ofWatling; Be Faithful, Joiner of lliitlin.' ■ Fly Debate Roberts of the same ; Fight the good Fight of Faith, White of Kmer; More fruit, Vowler of East Hadl.y ; Hope for, Bending of the same; Graceful, Oke- T».i„ 1 1 1 ._ 3 Harding of Lewes; Weep not. Hilling of the same ■ Meek. Brewer of ( Sw,l?r,K "':^;\°'?.,rj=.'?l»''..'.'' ,".?"'•, ^'r ."I:''T> -Travels .m England,' p. V " bromwelV' , Cleveland, " hftth beat up his Jrumsek'ftn rhiotigh the Old Tcslameiit. Vou rimy lenrn the Rcnculofjy of our -Savinur bv ihc names o( his leirimcnf. Tlic muster-mast ei- has no nthcr list tliau the first clmuter i>f St. Marthew " 'I'he 1< owned thiB day by yn",rr;Mi:«n;iVnn'own Mm hVvm,n'inin.lf "' V""'' ' brml.cr ot_ this Praiu-nndltRiebone had fnr name. 1/ Christ hna „ol , tied /or pe^, for him, an.1l voVmanifes ?hi ^as ZVsm*>' 'ar as poor trcaturcs can do) to be a I retained only the last word, and commonly gave him the anpcUaUon of day of the power of Christ. T i,no,ry-ou";vm l?mVmbVr"St"'.^?.tliJ2 " He Chap. LXI] THE COMMONWEALTH, 1649—1660. 729 desire any other govornmont, \vl;icli i)iin;lit securo their professions, now broiiglit in danger by these des- perate fanatics. Cromwell himself was dissatisfied, that the iiarlianient, though they liad deriveil all their authority from him, beijaii to pretend power from the Lord, and to insist already on their divine commission. He Iiad been careful to summon in his wiits several persons entirely devoted to him. By concert, these met early; and it w;is mentioned by some among them, that the sitting of this parliament any longer would be of no service to the nation. They hastened, (12tli De- cember,) therefore, to Cromwell, along with l{oi\se, their speaker ; and, by a formal deed of assignment, restored into his hands that supreme authority which they had so lately received from him. General Harri- son and about twenty more remained in the house ; and that they might prevent the reign of the saints from coming to an untimely end, they placed one Moyer in the chair, and began to draw up protests. They were soon interrupted by colonel White, with a party of soldiers. lie asked them what they did there ? " We are seeking the Lord," said they. "Then you may go elsewhere," rejjlied he : " for to my certain knowledge, he has not been here these many years." CROMWELL MADE PROTECTOR. The militarj- being now in appearance, as well .is in reality, the sole power which prevailed in the nation, Cromwell thought fit to indulge a new fancy : for he seems not to have had any deliberate plan in all these alterations. Lambert, his creature, who, under the appearance of obsequiousness to him, indulged an un- bounded ambition, proposed in a council of officers to adopt another scheme of government, .and to temper the liberty of a commonwe.alth by the authority of a single person, who should be known by the appellation of protector. Without delay, he prepared what was called the instrument of government, containing the pl.an of this new legislature ; and, as it was supposed to be agreeable to the general, it was immediately voted by the council of officers. Cromwell was declared pro- tector ; and with great solemnity installed in that high office. So little were these men endowed with the spirit of legislation, that they confessed, or rather boasted, that they had employed only four days in drawing this in- Btniment, by which the whole government of three kingdoms was pretended to be regulated and adjusted to all succeeding generations. There appears no diffi- culty in believing them ; when it is considered how crude and undigested a system of civil polity they en- deavoured to establish. The chief articles of the in- strument .are these -.—A council wiis appointed, which was not to exceed twenty-one nor be less than thirteen persons. These were to enjoy their office during life or good beluaviour; and in case of a vacancy, the re- tnainiug members named three, of whom the protector chose one. The protector was appointed supremo magistrate of the commonwealth : in liis n.amo was all instice to be administered ; from him were all magis- tracy and honours derived ; he had the power of par- doning all crimes, excepting murder and treason ; to him the benefit of all forfeitures devolved. The right of peace, w.ar, and .alli.ance, rested in him ; but in these particulars he w.as to act by the advice and with the consent of his council. The power of the sword was vested in the protector jointly with the p.arliament, while it was sitting, or with the council of stat" in the intervals. He was obliged to summon a parliament every three years, and .allow them to sit five months, without .adjournment, prorogation, or dissolution. The bills, which they passed, were to be presented to the protector for his assent; but if within twenty d.ays it were not obtained, they were to become laws by tlio anthority alone of parliament. A standing army for Great Britain and Ireland was established, of 20,000 Vol. I. foot and 10,000 horse; and funds wore .assigned for their support. These were not to bo diminished with- out consent of the protector; and in this article .alone he assumed a neg.ative. During the intervals of par- liament, the protector and council had the power of enacting laws, which were to be valid till the next meeting of i>arliament. The chancellor, treasurer, admiral, chief governors of Ireland and Scotland, and the chief-justices of both the benches, must be chosen with the approbation of parliament : and in the inter- v.als, with the .approbation of the council, to be after- wards ratified by pailiamcnt. The protector was to enjoy his office during life; and on his death, the place w.a3 immediately to be supplied by the council. This w;;s the instrument of government enacted by the council of ofllccrs, and solemnly sivoin to by Oliver Cromwell. The council of state, named by the instru- ment, were fifteen men entirely devoted to the pro- tector, and by reason of the opposition among them- selves in party and principles, not likely ever to com- bine against him. Cromwell said that he accepted the dignity of pro- tector, merely that he might exert the duty of a constable, and preserve peace in the nation. Affairs indeed were brought to that p.ass, by the furious ani- mosities of the several factions, that the extensive authority and even aibitrary power of some first magistrate was become a necessaiy evil, in order to keep the people from relapsing into blood and confu- sion. The independents were too small .'i^jiarty ever to establish a popular government, or inti nst the n,a- tiou, where they had so little interest, with the free choice of its representatives. The presbyterians h.ad adopted the violent maxims of persecution; incompa- tible at all times with tlie peace of society, much more with the wild zeal of those numerous sects which pre- vailed among the people. The royalists were so much enr.aged by the injuries which they had suffered, that the other prevailing parties would never submit to them, who, they knew, wcie enabled merely by the execution of the ancient laws, to take severe vengeance upon them. Had Cromwell been guilty of no crime but this temporary usurpation, the plea of necessity and public good, which he alleged, might be allowed, in every view, a rea-sonable excuse for his conduct. During the variety of ridiculous and distr.acted scenes, which the civil government exhibited in Eng- land, the military force was exerted with vigour, con- duct, and unanmity ; .and never did the kingdom ap- pear more formidable to all foreign nations. Tha English fieet, consisting of a hundred sail, and com- manded by Monk and Dean, and under them by Pen and Lawson, met, near the coast of Flanders, with the Dutch fleet, equally numerous, and commanded by Tromp. The two republics were not inflamed by any national antipathy, and their interests very little in- terfered : yet few battles have been disputed with more fierce and obstinate courage th.an were those many n:iv.al combats, w hich were fought during this short, but violent war. The desire of remaining sole lords of the ocean animated these States to an honourable emula- tion against e.ich other. After a battle of two days, in the first of which Dean was killed, the Dutch, inferior in the size of their ships, were obliged, with great loss, to retire into their harbours. Blake, towards the end of the fight, joined his countrymen with eighteen sail. The English fleet lay oft' the coast of Holland, and totally interrupted the commerce of that republic. The ambassador, whom, the Dutch had sent over to England, gave them hopes of peace. But as they could obtain no cessation of hostilities, the States, unwilling to sufter any longer the loss and dishonour of being blockaded by the enemy, made the utmost efforts to recover their injured honour. Never on any occasion did the power and vigour of that republic appear in a more conspicuous light. In a few weeks they had re- paired and manned their fleet ; and they equipped some ships of a laigcr size than .any which they hod 5A 730 THE HISTORY OF ENGLAND. [Chap. LXI hitherto sent to sea. Tiomp issued out, determined again to fight tlio victors, and to die rather tlian to jieUl the contest. lie met with tlie enemy, (29tli July,) commanded hy Monic; and botli sides imme- diately nished into tlie combat. Tromji, gallantly ani- mating his men, witli his sword drawn, was shot through the heart with a musket-hall. This event alone decided the hattle in favour of the English. Though near thirty ships of the Dutch were sinik and taken, they little regarded this loss compared with that of their brave admiral. PEACE WITH HOLLAND. Srcanwhilo the negociations of peace were continually advancing. The States, overwhelmed with the expense of the war, terrified by their losses, and mortified by their defeats, were extremely desirous of an accommo- dation with an enemy whom they found, by experience, too powerful for them. The king having shown an inclination to serve on Ijoard tlieir fleet ; tliough they expressed their sense of the honour intended them, they declined an offer which might inflame the quarrel with the English commonwealth. The great obstacle to the peace was found not to be any animosity on the part of the English ; but on the contrary a desire too earnest of union and confederacy. Cromwell had re- vived the chimerical .scheme of a coalition with the United Provinces ; a total conjunction of government, privileges, interests, and councils \f>bi. This pro- ject .appeared so wild to the States, that they wondered any man of sense could ever entertain it ; and they refused (15th April) to enter into conferences with regard to a proposal, which could serve only to delay any practicable scheme of accommodation. The peace was at last signed by Cromwell, now invested with the dignity of jirotector ; and it proves sufficiently, that the war had been impolitic, since, after the most signal victories, no terms more advantageous could be ob- tained. A defensive league was made between the two republics. They agreed each of them to banish the enemies of the other; those who bad been con- cerned in the mass.aere of Amboyna were to be pun- ished, if any remained alive ; the honour of the flag was yielded to the English ; eighty-five thousand pounds were stipulated to be paid by the Dutch East India Company for losses which the English company had sustained; and the island of Polerone in tlie East Indies was promised to be ceded to the latter. Cromwell, jealous of the connexions between the royal family and that of Or.ange, insisted on a separate article — that neither the young prince nor any of his family should ever be invested with the dignity of etad- holder. The province of Holland, strongly prejudiced against that office, which they esteemed dangerous to liberty, secretly ratified this article. The protector, knowing that the other provinces would not be indnced to make such a concession, was satisfied with this security. The Dnfcli war being successful, and the peace rea- sonable, brought credit to Cromwell's administration. An act of justice, which he exercised at home, gave likewise satisfaction to f he people; though the regu- larity of it may perhaps appear somewhat doubtful. Don Pant.aleon Sa, brotlici- to the Portuguese ambas- sador, and joined with him in the same commission, fancying himself to bo insulted, came upon the ex- change, armed and att.'nded by several servants. Y,y mistake, be fell on a genlieman, whom he took for the person that had given him the offence; and having butchered him with m.any wounds, he and all his at- tendants took shelter in the house of the Portuguese ambassador, who bad connived at this base enteiprise. The popul.ace surrounded the house, and threatened to Bet fire to it. Cromwell .sent a guard, who seized all the criminals. They were brought to trial : and not- withstanding the opposition of the ambassador, who pleaded the i>rivileges of his office, don Pantaloon was executed on Tower-hill. The laws of nations were liere plainly violated : but the crime committed by the Por- tuguese, gentleman was to the last degree atrocious : and tlio vigorous chastisement of it, suiting so well the imdaunted character of Cromwell, was univer.saily approved of at home and admired among foreign nations. The situation of Portugal obliged that court to acquiesce ; and the amb.ass.ador soon after signed with the protector a treaty of peace and alliance, wliich was very advantageous to the Englisli commerce. Another act of severity, but necessary in his situa- tion, was, at the very same time, exercised by the pro- tector, in the capital punishment of Gerrard ".nd Vowel, two royalists, who were accused of conspiring against his life. Ho had erected a high court of justice for theii- trial; an infringement of the ancient laws, which at this time was become familiar, but one to which no custom or precedent could reconcile the nation. Juries wei-e found altogether unmanageable. The restless Lillnirn, for new oftenees, had been brought to a new trial ; and had been acquitted with new triumidi and exult.ation. If no other method of conviction had been devised during this illegal and unpopular government, all its enemies were assured of entire impunity. A NEW PARLIAMENT. The protector had occasion to observe the prejudices entertained against his government, by the disposition of the parliament, which be summoned on the third of September, that day of the year on which he gained his two great victoiies of Dunbar and Worcester, and which he always regarded as fortunate for liim. It must be confessed, that, if we are left to gather Crom- well's intentions from his instrument of government, it is such a motley piece, that we cannot easily con- jecture, whether he seriously meant to establish a tyranny or a republic. On one band, a first magistrate, so extensive in a government, seemed necessary both for the dignity and tranquillity of the state; and the authority, which he assumed as protector, was, in some respects, inferior to the prerogatives wliieli the laws intrusted and still intrust to the king. On the other band, the legislative power, which he reserved to him- self and council, together with so great an army, inde- pendent of the parliament, were bad prognostics of his intention to submit to a civil and legal constitution. But if this were not his intention, the method in which be distributed and conducted the elections, being so favourable to liberty, forms an inconsistency which is not easily accounted for. He deprived of their right of election all the small boroughs, places the most exposed to influence and corruption. Of 400 members, which represented England, 270 were chosen by the counties. The rest were elected by London, and the more consi- derable corporations. The lower pojiulace too, so easily guided or deceived, were excluded from the elections : an estate of 200 pounds' value was necessary to entitle any one to a vote. The elections of this par- liament were conducted with pci'fect freedom ; and excepting that such of the roy.alists as had borne arms against the parliament and all their sons were excluded, a more fair representation of the people could not be desired or expected. Thirty members were returned from Scotland; as many from Ireland. The protectoi' seems to have been disappointed, when he found that all these precautions, «bich were pi'o- bably nothing but covers to his ambition, had not pro- cured him the confidence of the public. Though Cromwell's administration was less odious to every party than that of any other party, yet was it entirely acceptable to none. The royalists had been instructed by the king to remain quiet, and to cover themselves under the appearance of republicans ; and they found in this latter faction .such inveterate hatred against the protector, that they could not wish for more zealous adversaries to his authority. It was maintained l)y them, tliat the pretence of liberty and a popular elec- UHAr. LXl.J THE COMMONWEALTH, 1649—1660. 731 tion was but a now artifice of this great deceiver, in order to lay asleep the deluded nation, and give himself leisure to rivet their chains more securely upon them : that in the instrument of government he openly de- clared his intention of still retaining the same merce- nary army, hy whose assistance he had suhdtied the ancient established government, and who would with less scruple obey him, in overturning, wlienever lie should please to order them, that new system, wliicli he himself had been pleivsed to model : that being sen- sible of the danger and uncertainty of all military government, he endeavoured to intermix some appear- ance, and but an appearance, of civil administration, and to balance the army by a si'eming consent of the people : that the absurd trial, which he had made, of a parliament, elected by himself, ai)pointcd perpetually to elect their successors, plainly proved, that he aimed at nothing but temporary expedients, was totally averse to a free republican government, and possessed not that mature and deliberate reflection, which could qua- lify him to aci tlie part of a legislator : that his impe- rious character, which had betrayed itself in no many incidents, could never seriously submit to legal limita- tions ; nor would the very imago of popular government be longer upheld than while conformable to his arbitrary will and pleasure : and that the best policy was to oblige him to take olf the mask at once ; and either submit entirely to that parliament, which he had sum- moned, or, by totally rejecting its authority, leave him- self no resource but in his seditious and enthusiastic army. In prosecution of these views, the parliament, hav- ing heard the protector's speech, three hours long, and having chosen Lenthal for thtir speaker, immediately entered into a discussion of the pretended instrument of government, and of that authority which Cromwell, by the title of protector, had assumed over the nation. The greatest liberty was used in arraigning this new dignity ; and even the personal character and conduct of Cromwell escaped not without censure. The utmost that could be obtained by the officers and by the court party, for so they were called, was to protract the de- bate by arguments and long sj)eeches, and prevent the decision of a question, which, they were sensible, would be carried against them by a great majority. The pro- tector, surprised and enraged at this refractory spirit in the parliament, which however he had so much rea- son to expect, sent for tliem to the painted chamber, and with an air of great authority inveighed against their conduct, lie told them that nothing could be more absurd than for tliem to dispute his title ; since Uie same instrument of government wliicli made thi^m a parliament, had invested him with the protectorship ; and some points in the new constitution were supposed to be fundamentals, and were not on any pretence to be altered or disputed ; that among these were the government of the nation by a single person and a par- liament, their joint authority over the army and militia, the succession of new parliaments and liberty of con- science; and that with regard to these particulars, there was reserved to him a negative voice, to which, in the other circumstances of government, he confessed himself nowise entitled. 16i>5. The protector now found the necessity of ex- acting a security which, bad he foreseen the spirit of the house, he would with better grace have required at their first meeting. He obliged the members to sign a recognition of his authority, and an eng-igement not to propose or consent to any alteration in the government, as it w;vs settled iu a single person and a parliament ; and he placed guards .at tlie door of the house, who allowed none but subscribers to enter. Jlost of the members, after some hesitation, submitted to this con- dition; but retained the same refractory spirit which tliey had discovered in their first debates. The instru- ment of government w;is taken in pieces, and examined, article by article, with the most scrupulous accuracy : very free topics were advanced with the general appro- bation of the house : and during the whole course of their proceedmgs, they neither sent up one bill to the protector, nor took any notice of him. IJeing informed tli.at conspiracies were entered into between iJie mem- bers aud some malcontent officers, he hastened to tlir dissolution ofso dangerous an .Tssenibly. (22iid January.) IJy the instrument of government, to which he had sworn, no parliament could be dissolved till it had sitten five months; but Cromwell pretended, that a month contained only twenty-eight d.ays, according to the method of computation practised in paying the fleet and army. The fidl time, therefore, according to this reckoning, being elapsed, the parliament w.is ordered to attend the protector, who made them a tedious, con- fused, .angry harangue, and dismissed them. Were we to judge of Cromwell's capacity by this, aud indeed by all his other c jnipositions, we should be apt to entertain no very favourable idea of it. liut in the great variety of human geniuses, tliei'e are some which, though they see their object clearly and distinctly in general, yet, when they come to unfold its parts by discourse or writing, lose that luminous conception which they had before attained. All accounts agree in ascribing to Cromwell, a tiresome, d.trk, unintelligible ehicution, even when he had no intention to disguise his meaning : yet no man's actions were ever, in such ;v variety of difficult incidents, more decisive and judicious. The electing of a discontented parliament is a proof of a discontented n.ition : the .angry and abrujit disso- lution of that p.arliament is alw.tys sure to increase the general discontent. The members of this assembly, returning to their counties, propagated that spirit of mutiny which they had exerted in the hon.so. Sir Iliirry Vane and the old republicans, who maintained the indissoluble authority of the long parliament, en- couraged the murmurs against the present usurpation ; though they acted so cautiously as to give the protector no handle against them. "W'ildman and some others of that party carried still further their conspiracies against their protector's authority. The royalists, ob- serving this generiil ill-will towards the establishment, could no longer be retained in subjection; but fancied that every one who w.a8 dissatisfied like them, had also embraced the same views and inclinations. They did not consider that the old parliamentary party, though many of them were displeased with Cromwell, who had dispossessed them of their power, were still more ap- prehensive of any success to the royal cause ; whence, besides a certain prospect of the s;ime consequence, they had so much reason to dread the severest ven- geance for their past transgressions. INSURRECTION OF THE ROYALISTS. March 1 1. In concert with the king a conspiracy was entered into by the royalists throughout England, and a d.ay of gener,al rising appointed. Information of this design was conveyed to Cromwell. The protector's adminis- tration was extremely vigilant. Thurloe, his secretary, had spies everywhere. Manning, who had access to the king's family, kept a regular correspondence with him. And it w.as not difficult to obtain intelligence of a ccmfederacy, so generally diflTused among a party who valued themselves more on zeal and courage, than on secrcRy and sobriety. Many of the royalLsts were thrown into prison. Others, on the approach of the day, were terrified with the danger of the undertaking, and remained at home. In one place alone the con- spiracy broke into .action. Pcnruddoc, Groves, Jones, and other gentlemen of the west, entered Salisbury with about '200 horse ; at the very time when the sheriff and judges w ere holding the assizes. These they ui.ade prisoners ; and they proclaimed the king. Contrary to their e.xpectations, they received no accession of force ; so prevalent was the terror of the established government. Having iu vain wandered about for some time, they were totally discouraged ; and one troop of horse wss able at last to suppress them. The leador-.j 732 THE HISTORY OF ENGLAND. [Chap. I,X I. of tlie conspiracy, being talccn iiiisoiiers,wcrerapitnIIy punished. The rcbt were sold for slaves, and trans- ported to Barl)ailocs. The easy subduing of this insurrection, wliicli, by the boldiiojs of the undertaking, struck at first a groat terror iuto the nation, w.as a singular felicity to the protector ; who coiild not, without danger, have brought together any considerable body of bis mutiuo\is army, in order to suppress it. The very insurrection itself lie regarded as a fortunate event ; since it proved the reality of those conspiracies, which his enemies, on every occasion, represented as mere fictions, invented to colour his tyrannical severities. He resolved to keep no longer any terms with tlie royalists, who, though they were not perhaps the most implacable of his enemies, Avere those whom he could oppress under the most plausible pretences, and who met with least countenance and protection from Iiis .adherents. He issued ,an edict, with the consent of his council, for exacting the tenth penny from that whole party; in order, as he pretended, to make them pay the expenses to which their mutinous disposition continual!}' exposed the public. Witliout regard to compositions, articles of capitulation, or acts of indemnity, all the royalists, however har.assed with former oppressions, were obliged anew to redeem themselves by great sums of money ; and many of them were reduced by these multiplied disasteis to extreme poverty. Whoever was known to be disaft'ected, or even lay under any suspicion, though no guilt could be proved against him, was exposed to the new exaction. In order to r.aise this imposition, which common!}' p.assed by the name of decimation, the protector in- stituted twelve majoi'-generals ; and divided tlie whole kingdom of England into so many military juris- dictions. These men, assisted by commissioners, had power to subject whom they pleased to decimation, to levy .all tlie taxes imposed by the protector and his council, and to imprison any person who should be ex- posed to their jealousy or suspicion ; nor was there any appeal from them liut to the protector himself and his council. Under colour of these powers, which were sufficiently exorbitant, the major-generals exer- cised an authority still more arbitrary, and acted as if absolute masters of the property and person of every subject. All reasonable men now concluded, that the very mask of liberty was thrown aside, and that tlie n.ation was for ever subject to military and despotic government, exercised not in the leg.aT manner of European nations, lint according to the m.axims of Eastern tyranny. Not only the supreme magistrate owed his authority to illegal force and usurpation : he had parcelled out the people into so many subdivisions of sl.avery, and had delegated to his inferior ministers the same unlimited authority which he himself had so violently assumed. STATE OF EUROPE. A government totally military .and despotic is almost sure, after some time, to fall into impotence and lan- guor : but when it immediately succeeds a legal con- stitution, it may, at first, to foreign nations, appear very vigorous and active, and m.ay exert with more unanimity that power, spirit, and riches, which had been acquired under a better form. It seems now proper, after so long an interval, to look .abroad to the general state of Europe, and to consider the measures which Engl.and at this time emhraced in its nego- ciations with the neighbouring princes. The moderate temper and unwarlike genius of the two last princes, the extreme difficulties under which they Laboured at liome, and the groat security which they enjoyed from foreign enemies, had rendered them negligent of the transactions on the continent; and England, during their reigns, had been in a m.anner overlooked in the gener.al system of Europe. The bold and restless ge- uias of the protector led him to extend his alliances and enterprises to every part of Christendom ; and ]iartly from the ascendant of his magnanimous spirit, partly from the situation of foreign kingdoms, the weight of England, even under its most legal and bravest princes, was never more sensibly felt tliaa during this unjust and violent usurpation. A war of thirty years, the most signal and most de- structive that had appeared in modern annals, was at l.ast finished in Germ.any ;* and by the treaty of West- phalia, were composed those fatal quarrels which had been excited by the palatine's precipitate acceptance of the crown of Bohemia. The young palatine was restored to part of his dignities and of his dominions. t The rights, privileges, and authority, of the several members of the Germanic body were fixed and ascer- tained: sovereign princes and free states were in somo degree reduced to obedience under laws: and by the valour of the heroic Gustavus, the enterprises of the active Richelieu, the intrigues of the artful Mazarine, w,as in part effected, after an infinite expense of blood and treasure, what had been fondly expected and loudly demanded from the feeble efibrts of the pacific James, seconded by the scanty supplies of his jealous parliaments, Sweden, which had acquired by conquest large do- minions in the north of Germany, was engaged in enterprises which promised her, from her success and v.alour, still more extensive acquisitions on the side both of Poland and of Denmark. Charles X. who had mounted the throne of that kingdom after the volun- tary resignation of Christin.a, being stimulated by the fame of Gustavus as well as by his own m.artial dis- position, carried his conquering arms to the south of the Baltic, and gained the celebr.ated battle of War- saw, which had been obstinately disputed during the space of three days. The protector, at the time his alliance was courted by every power in Europe, anxiously courted the alliance of Sweden ; and he was fond of forming a confederacy with a protestant power of such renown, even though it threatened the whole north with conquest and subjection. The trans.actions of the parliament and protector with France had been various and complicated. The emissaries of Richelieu had furnished fuel to the flame of rebellion, w lien it first broke out in Scotland ; but .after the conflagration had dift'iised itself, the French court, observing the materials to be of tliem- selves sufficiently combustible, found it unnecessary any longer to animate the British malcontents to an opposition of their sovereign. On the contrary, they offered their medl.ation for composing these intestine disorders; and their ambassadors, from decency, pre- tended to act in concert with the court of England, and to receive directions from a prince with whom their master was connected with so near an affinity. Jleanwhile Richelieu died, and soon after him the French king, Louis XIII., leaving his son an infant four years old, and his vidow, Anne of Austria, re- gent of the kingdom. C:a'dinal Mazarine succeeded Richelieu in the mlnistiy ; and the same general plan of policy, though by men of such opposite characters, w.as still continued in the French councils. The estab- lishment of royal authority, the reduction of the Austrian family, were pursued with ardour and suc- cess ; and every year brought an accession of force and grandeur to the French monarchy. Not only battles were won, towns and fortresses taken; the genius too of the nation seemed gradually to improve, and to compose itself to the spirit of dutiful obedience and of steady enterprise. A Condd, a Turenne, were formed ; and the troops, animated by their valour, and guided liy their discipline, acquired every day a greater ascendant over the Spaniards. All of a sudden, from some intrigues of the court, and some discontents in the courts of judicature, intestine com- • In KM. + Tills prince, during the civil wars, had much rietflectcd his uneip, ard paid court to the parliament ; he accepted of a pension &f i'OlXKl a year froir tliem. and toolt a place in their assemhlv of divines. Chap. LXI.] THE COMMONWEALTH, 1649—1660. 733 motions were excited, and everything relapsed into confusion. Hut tiicse rebellions of the French, neither ennobled by tlie spirit of liberty, nor disgraced by the fanatical extravagance wliich distinguished tlie British civil wars, were conducted with little bloodshed, and made but a. small impression on tlio minds of the people. Thougli seconded by the force of Spain, and conducted by the prince of Conde, the malcontents, in a little time, were eitlier expelled or subdued ; and the Frencli monarchy, having lost a few of its con- quests, returned with fresh vigour to the acquisition of oew dominion. Tiie queen of England and her son Charles, during these commotions, passed most of their time at Paris ; and notwithstanding their near connexion of blood, re- ceived but few civilities, and still less support, from the French court. Had the queen-regent been ever 60 much inclined to assist the Knglish prince, the dis- orders of her own affairs would, for a long time, have rendered such intentions impracticable. The banished queen had a moderate pension assigned her; but it was so ill paid, and lier credit ran so low, that one morning, wlien the cardinal de Iletz waited on her, she informed him that her daughter, the princess Henrietta, was obliged to lie abed, for want of a fire to warm her. To such a condition was reduced, in the midst of Paris, a queen of England, and daughter of Henry IV. of France ! Tiie English parliament, however, having assumed the sovereignty of the state, resented the countenance, cold as it was, which the French court gave to the un- fortunate monarch. On preteuce of injuries, of wliich the English merchants complained, they issued letters of reprisal upon the French ; and Blake went so far as to attack and seize a whole squadron of ships, which were carrying supplies to Dunkirk, then closely be- sieged by the Spaniards. That town, disappointed of these supplies, fell into the hands of the enemy. The French ministers soon found it necessary to change their measures. They treated Charles with such af- fected indifference, that he thought it more decent to witlidraw, and prevent the indignity of being desired to leave tlie kingdom. He went first to Spaw, thence ho retired to Cologne; wliere he lived two years on a small pension, about 6000 pounds a year, paid him by the court of France, and on some contributions scut him liy his friends in England. In the manage- ment of his family, ho discovered a disposition to order and economy ; and his temper, cheerful, care- less, and sociable, was more than a sufficient com- pensation for that empire, of which his enemies had bereaved him. Sir Edward Hyde, created lord-chan- cellor, and the marquis of Ormoud, were his chief friends and confidants. If the French ministry had thought it prudent to bend under the English parliament, they deemed it still more necessary to pay deference to the protector, when lie assumed the reins of government. Cardinal Mazarine, by whom all the councils of France were directed, was artful .and vigilaut, supple, and patient, false and intriguing ; desirous rather to prevail by dexterity tlian violence, and placing his honour more in the final success of his measures than in the splen- dour and magnanimity of tlie means which he em- ployed. Cromwell, by his imperious character, rather than by the advantage of his situation, acquired an ascendant over this man ; and every jiroposal made by the protector, however unreasonable in itself, and urged with whatever insolence, met with a ready compliance from the politic and timid cardinal, liour- dcaux was sent over to England as minister; and all circumstances of respect were paid to the daring usurper, who had imbrued his hands in the blood of his sovereign, a prince so nearly related to the royal family of France. Witli indefatigable patience did Bourdeau.x conduct this negociation, wliicli Cromwell eemed entirely to neglect ; and though privateers, with En<;lish commissions, committed daily depreda- tions on the French commerce, Mazarine was content, iu hopes of a fortunate issue, still to submit to these indignities.* The court of Spain, less connected with the unfor- tunate royal family, and reduced to greater distress than the French monarchy, had been still more for- ward in her advances to the prosperous jiarliameut and protector. Don Alonzo de Cardenas, the Spanish envoy, was the first public minister who recognised the authority of the new republic ; and in return for this civility, Ascham was sent envoy into Spain by the parliament. No sooner had this minister arrived at Madrid, than some of the banislied royalists, inflamed by that inveterate liatred which animated the Eng- lish factious, broke into his chamber, and murdered him together with his secretary. Immediately they took sanctuary in the churches ; and, assisted by the general favour, which everywhere attended the royal cause, were enabled, most of tliciii, to make their escape. Only one of the criminals suffered death ; and the parliament seemed to rest satisfied with this atonement. Spain, at this time, assailed everywhere by vigorous enemies from without, and labouring under many in- ternal disorders, retained nothing of her former gran- deur, except the haughty pride of her counsels, aud the hatred and jealousy of her neighbours. Portugal had rebelled, and established her monarchy in the house of Braganza: Catalonia, complaining of violated privileges, had revolted to France: Naples was shaken with p(q)ular convulsions : tlie Low Countries were in- vaded with superior forces, and seemed ready to change their master : the Spanish infantry, anciently so formidable, had been annihilated by Conde in the fields of Kocroy : and though the same prince, ba- nished France, sustained, by his activity and valour, the falling fortunes of Spain, he could only hope to protract, not prevent, the ruin with which that mo- narchy was visibly threatened. Had Cromwell understood and regarded the inte- rests of his country, he would have supported the de- clining condition of Spain against the dangerous am- bition of France, and preserved that balance of pow er, on which the greatness and security of England so much depend. Had he studied only his own interests, he would have maintained an exact neutrality between those great monarchies ; nor would he have hazarded his ill-acquired and unsettled power, by provoking foreign enemies, who might lend assistance to do- mestic faction, and overturn his tottering throne. But his magnanimity undervalued danger, his active disposition, and avidity of extensive glory, made him incapable of repose : aud as the policy of men is continually warped by their temper, no sooner was peace made with Holland, than he began to deliberate what new euemy he should invade with his victo- rious arms. WAR WITH SPAIN. The extensive empire and yet extreme weakness of Spain in the West Indies, the vigorous courage and great naval power of England, were circumstances, which, when compared, e.\cilcd the ambition of the enterprising protector, and made liiin liope that he might, by some gainful conquest, render for ever illustrious that dominion which he had assumed over his country. Should he fail of these durable acqui- sitions, the Indian treasures, which must every year cross the ocean to reach Spain, were, he thought, a sure prey to the English navy, and would support his military force, without his laying new burdens on tlie discontented people. X<"rom France a vigorous re- sistance must be expected: no plunder, no conquests could bo hoped for : the progress of his arms, even « In thff treaty, which was signed after lonp ncgwiation. the pnttcctot*! nam ■ \v«s himi ted before the Iri-nch Ivinff's in thai copy which icmainea U; Eiigiaiid.— It urloe, vol. vi. p. 1 IG. See further, vol. ... p. l/tJ. 734 THt: HISTORY OF ENGLAND. [Chap. LXI if attended with success, must tliere be slow and giadiiul : iiiul the advantages acquired, liowever real, would bo still less .striking to tlio multitude, whom it was his interest to alluie. The royal family, so closely connected with the French monarch, mijjht receive great assistance from that neighbtmi'ing kingdom ; and an army of French prot'Stants, landed in England, would be able, lie dreaded, to unite the most opposite factious against the present nsurpatiou.* These motives of policy were jjrobably seconded by his bigoted prejudices; as no human mind ever con- tained so strange a mixture of sagacity and absurdity as that of this extraordinary personage. The Swedisli alliance, though much contrary to the interests of England, lie had contracted merely from his zeal for protestantism ;t and Sweden being closely connected with France, lie could not hope to maintain that con- federacy, in which he so much prided himself, should a rupture ensue between England and this latter kingdom. The hugonots, he expected, would meet with better treatment, while he engaged in a close union with their sovereign. And as the Spaniards were much more papists than the French, were much more exposed to the old puritanical hatied, and had even erected the bloody tribunal of the inquisition, whose rigours they had refused to mitigate on Croinwell's solicitation ;X he hoped that a holy and meritorious war with such idolaters could not fail of protection from Heaven. A preacher likewise, iuspired, as was supposed, by a prophetic spirit, bid him, "Go and prosper ;" calling him "a sloue cut out of the moun- taius witiiout hands, that would break the pride of the Spaniard, crush Antichrist, and make way for the purity of the Gospel over the whole world." Actuated equally by these bigoted, these ambitious, and these interested motives, the protector equipped two considerable squadrons : and while be was making those preparations, the neighbouring states, ignoi-aut of his intentions, remained in suspense, and looked with anxious expectation on what side the storm should discharge itself. One of these squadrons, <'on- sisting of thirty capital ships, was sent into the Medi- terranean, under Blake, whose fame was now spread over Europe. No English fleet, except during the crusades had ever before sailed in those seas ; and from one extremity to the other, there was no naval force, Christian or Mahometan, able to resist them. The Romau poiitiif, whose weakness and whose pride equally provoke attacks, dreaded invasion fi-om a power which professed the most inveterate enmity against him, and which so little regulated its move- ments by the usual motives of interest and prudence. Blake, casting anchor before Leghorn, demanded and obtained from the duke of Tuscany reparation lor some losses which the Euglish commerce had formerlv sustained from him. He next sailed to Algiers, aud compelled the dey to make piace, aud to restrain his piratical subjects from further violences on the En''- lish. He presented himself before Tunis, and having there made the same demands, the dey of that republic bade him look to the castles of Porto- Farino and Go- letta, and do his utmost. Blake needed not to be roused by such a bravado : he drew his ships close up to the castles, and tore them in pieces with bis artil- lery. He sent a numerous detachment of sailors in their long-boats into the harbour, and burned every ship which lay there. This bold action, which its very temerity, perhaps, rendered safe, was executed with little loss, and filled all that part of the world with the renown of English valour. vo* ^p '7^1""°"'" "' ""^ "'■»°''"''">s iv'ith France and Spain, by Thuiloc, ,„f..^?" ■*'"""' """.• 'J""' '*" '"'''•" ••"">« »nd the innuisiuon were his SSraron^!""''"" "" ""'"■■"'"'">'•'"' "1»" >!'= lm«ins o"t toih of JAMAICA CONQUERED. The otiier .^qnadron was not equally successfuL It was commanded by Pen, and carried on board 4000 men, niidor the command of Venables. About 5000 more joined them fiom Barbadoes and St. Christo- pher's. Both these officers were incluiod to the king'a service ; and it is pretended that Cromwell was obliged to hurry the soldiers on board in order to prevent the execution of a conspiracy, which had been formed among them in fiivour of the exiled family. The ill success of this enterprise may justly be ascribed, as much to the injudicious schemes of the protector, who planned it, as to the bad execution of the officers, by whom it was conducted. The soldiers were the re- fuse of the whole army : the forces, enlisted in the West Indies were the most profligate of mankind : Pen and Venables were of incompatible tempers : the troops were not furnished with arms fit for such an expedition : their provisions were defective both in quantity and quality : all hopes of pillage, the best in- centive to valour among such men, were refused the soldiers and seamen : uo directions or intelligence were given to conduct the ofiicers in tlieir enterprise : and at the same time they were tied down to follow the ad^ace of commissioners who disconcerted them iu all their projects. It was agreed by the admiral and general (13th April) to attempt St Domingo, the only place of strength in the island of Hispaniola. On the approach of the English, the Spaniards in a fright deserted their houses, and fled into the woods. Contrary to the opinion of Venables, the soldiers were disembai-ked without guides ten leagues distant from the town. They wandered four days through the woods witiiout provisions, and, what was still more intolerable iu that sultry climate, without water. The Spaniards re- covered spirit aud attacked them. The English, dis- couraged with the bad conduct of their oflicers, and scarcely alive from hunger, thirst, and fatigue, were unable to resist. An inconsiderable number of the enemy put the whole army to rout, killed 600 of them, and chased the rest on board their vessels. The English commanders in order to atone as much as possible for this unprosperoiis attempt, bent their course to Jamaica, which was surrendered to them without a blow. Pen and ^''enables returned to Eng- land, and were both of them sent to the Tower by the protector, who, though commonly master of his fiery temper, was thrown into a violent passion at this dis- appointment. He had made a conquest of greater im- portance than he was himself at that time aware of; yet was it much inferior to the vast projects which he had formed. He gave orders, however, to support it by men and money ; and that island has ever since re- mained iu the hands of the English ; the chief acqui- sition which they owe to the enterprising spirit of Cromwell. " 1C56. As soon as the news of this expedition, which was an unwarrantable violation of treaty, arrived in Europe, the Spaniards declared war against England, and seized all the ships and goods of English mer- chants, of which they could make themselves masters. The commerce with Spain, so profitable to the Eng- lish was cut off; and near 1500 vessels, it is computed, fell in a few years into the bands of the enemy. Blake, to whom Jlontague was now joined in com- mand, after receiving new orders, prepared himself for hostilities against the Spaniards. Several sea-officers, having entertained scniples of conscience with regard to the justice of the Spanish war, threw up their commissions and retired : no com- mands, they thought, of their superiors could justify a war which v.'as contrary to the principles of natural equity, and which the civil magistrate had no right to order. Individuals, they maintaiaed, ir. resigning to the public their natural liberty, could bestow on it only what they themselves were possessed of, a right Chap. LXI.J THE COMMONWEALTH, 1049—1660. 7;t5 of purforining lawfu actions ; and could invest it with no autlioi'ity of coininaiidiiiir what is contrary to the decrees ot' iieaven. Sucli maxims, tiiongh they seem reasonahle, are perliaps too perfect for human nature ; and must be regarded as one effect, thougli of the most innocent and even lionourahlo kind, of that spirit, partly fanatical, partly repuhhcan, wliich predomi- nated in lui^'land. Ulake lay some time off Cadiz, in expectation of in- tercepting the plate fleet; but was at last obliged, for want of water, to make sail towards I'ortugal. Cap- tain Stayner, whom be liad left on the coast with a squadron of seven vessels, eanie in sight of the galle- ons, and immediately set sail to pursue them. The Siianisb admiral ran his ship ashore ; two others fol- lowed his example : the Knglish took two ships va- lued at near two millions of j)ieces of eight. Two galleons were set on tiro ; and the marquis of Uadajo.x, viceroy of Peru, with his wife ami his daughter, be- trothed to the young duke of iMediua Celi, were de- stroyed in them. The manpiis himself might have escaped ; but seeing these unfortunate women, asto- nished with the danger, fall in a swoon, and perish in the flames, he rather chose to die witli them, than drag out a life embittered with tiie remembrance of such dismal scenes. When the treasures gained by this enter])rise ariived at Portsmouth, the j)rotector, from a s|)irit of ostentation, ordered them to be trans- ported by land to London. The next action against the Spaniards was more honourable, though less profitable to the nation. Ulake having heard that a Spanish fleet of sixteen ships, much richer than the former, had taken shelter in the Canaries, immediately made sail towards them. lie found them in the Bay of Santa Cruz, disposed in a formidable posture. The bay was secured with a Strong castle, well provided with cannon, besides seven forts in several parts of it, all united by a line of communication, manned witli musketeers. Don Diego Diaiiues, the Spanish admiral, ordered all his smaller vessels to moor close to the shore, and ])osted the larger galleons further otf, at anchor, with their broadsides to the sea. Blake was rather animated than daunted with tliis appearance. The wind ^econded his courage, and blowing full into the bay, in a moment brought him among the thickest of his enemies. After a resistance of four hours, the Spaniards yielded to English valour, and abandoned their ships wliich were set on fire, and consumed, with all their treasure. The greatest dan- ger still remained to the English. They lay under the fire of the castles and all the forts, which must in a little time have torn them in pieces. But the wind smldenly shifting, carried them out of the bay, where they left the Spaniards in astonishment at the happy tenuTity of their audacious victors. DEATH OF ADMIRAL BLAKE. This was the last and gi-eatest action of the gallant Blake, lie was consumed with a dropsy and scurvy, and hastened home, that he mijjht yield up his breath in his native country, which he had so much adoi-ned by his valour. As he came within sight of land be ex- pired.* Never man so zealous for a faction was so much respected and esteemed even by the opposite factions. He was by principle an inflexible repsbli- ean ; and the late usurpations amidst all the trust and caresses wliich he received from the ruling powers, were thought to bo very little grateful to him. " It is still our duty," he .said to the seamen, "to fight for our country, into what hands soever the government may fall." Disinterested, geiierous, libeial ; ambi- tious only of true glory, dreadful only to his avowed enemies ; he forms one of the most ])erfect characters of the age, and the least stained with those errors and • KOth of April, llilT. violences wliich were then so predominant. The pro- tector ordered him a pompous funeral at the public charge : but the tears of his countrymen were the most honourable panegyric on his memory. The conduct of the jirotector in foreign affiiij-s, though impnident and impolitic, was full of vigour and enterprise, and drew a consideration to his coun- try, which, since the reign of Elizabeth, it seemed to have totally lost. The great mind of this succe.ssful usurper was intent on spreading the renown of the English nation : and while he struck monkiiid with astonishment at his extraordinary fortune, he seemed to ennoble, instead of debasing, that people whom ho had reduced to subjection. It was his boast, that he would render the name of an Ihiglishman us much feared and revered as ever was that of a Homan ; and as his countrymen found some reality in these preten- .sions, tlieir national vanity being gratified, made them liearwitU more patience all tlie indignities and calami- ties under which they laboured. DOJIESTIC ADMINISTRATION OF CROMWELL. It must also be acknowledged, that the jirotector, in his civil and domestic administration, displayed as great regard both to justice and clemency, as his usurped authority, derived from no law, and founded only on the sword, could possibly permit. All the chief offices in the courts of judicature were filled with men of integrity : amidst the virulence of faction, the decrees of the judges were uin-ight and impartial : and to every man but himself, and to him.self, excejit where necessity reijuired the contrary, the law was the great rule of conduct and behaviour. Vane and Lilburn, whose credit with the republicans and level- lers he dreaded, were indeed for some time confined to prison : Cony, who refused to [lay illegal taxes, was obliged by menaces to depart from his obstinacy : high courts of justice were erected to try those who had engaged in conspiracies and insurrections against the protector's authority, and whom he could not safely commit to the verdict of juries. But these irre- gularities were deemed inevitable consequences of his illegal anthoiity. And though often urged by his offi- cers, as is pretended, to at temjit a general massacre of the royalists, he always with horror rejected such san- guinary counsels. In the army was laid the sole basis of the protector's power ; and in managing it consisted the chief art and dehcacy of his government. The soldiers were held in exiict discipline ; a policy which both accustomed thera to obedience, and made them less hateful and burden- some to the people. He augmented their pay, though the public necessities sometimes obliged him to run in arrears to them. Their interests, they were sensible, were closely connected with those of their general and protector. And he entirely commanded their affec- tionate regard, by his abilities and success in almost every enterprise which he had hitherto undertaken. But all military government is precarious ; much more where it stands in opposition to civil cstablish- nieiits ; and still more where it encounters religious jirejudices. By the wild fanaticism which he had nou- rished in the soldiers, he had seduced them into mea- sures, for which, if openly proposed to them, they would have entertained the utmost aversion. But this same spirit rendered tliem more difficult to be go- verned, and made their caprices terrible even to that hand which directed their movements. So often taught, that the office of king was an usurpation upon Christ, they were apt to suspect a protector not to be altogether compatible with that divine authority. Harrison, though raised to the highest dignity, and possessed of Croniwell's confidence, became his most inveterate enemy as soon as the authority of a single person was established, against which that usurper had always made such violent protestation. Overton, 736 THE HISTORY OF ENGLAND. [Chap. LXI Rich, Okev, officers of rank in the army, wore actuated with like principles, and Crotiiwell was obliged to de- prive tliein of their commissions. Tlieir influence, which was before thought unbounded among tlie troops, seemed from that moment to be totally annilii- lated. The more effectually to curb the enthusiastic and seditious spirit of the troops, Cromwell established a kind of militia in the several counties. Companies of infantry and cavalry were enlisted under proper offi- cers, regular pay distributed among them, and a re- source by that means provided both ag-.iinst the insur- rections of the royalists, and mutiny of the army. Religion can never be deemed a jioint of small con- sequence in civil government : but during this period, it may be regarded as the great s])ring of men's ac- tions and determinations. Though transpoitod, him- self, with the most frantic whimsies, Cromwell had adopted a scheme for regulating tliis principle in others, which was sagacious and political. Being re- Bolved to maintain a national cliurch, yet determined neither to admit episcopacy nor presbytery, he estab- lished a number of commissioners under the name of tryers, partly Laymen, partly ecclesiastics, some presby- terians, some independents. These presented to all livings, which were formerly in the gift of tlie crown ; they examined and admitted such persons as received holy orders ; and they inspected the lives, doctrine, and behaviour of the clergy. lustead of supporting that union between learning and theology, which has so long been attempted in Europe, these tryers em- braced the latter principle in its full purity, and made it the sole object of their examination. The candi- dates were no more perplexed with questions concern- ing their progress in Greek and Roman enadition ; concerning their talent for profane arts and sciences ; the chief object of scrutiny, regarded their advances in grace, and fixing the critical moment of their con- version. With the pretended saints of all denominations Cromwell was familiar and easy. Laying aside the state of protector, which, on other occasions, he well knew how to maintain, lie insinuated to them, that nothing but necessity could ever oblige him to invest himself with it. lie talked spiritually to them ; he sighed, he wept, he canted, he prayed. He even entered with them into an emulation of ghostly gifts ; and these men, instead of grie\'ing to be outdone in their own way, were proud that his highness, by his princely example, had dignitied those practices in which they themselves were daily occupied.* If Cromwell might be said to adhere to any particu- lar form of religion, they were the independents who could cliiefly boast of his favour ; and it may be affirmed, that such pastors of that sect, as were not passionately addicted to civil liberty, were all of them devoted to liim. The presbyterian clergy also, saved from the ravages of the anabaptists and milleuai'ians, and enjoying their estabUshments and tithes, were not averse to his government ; though he still entertained a great jea- lousy of that ambitious and restless spirit by which they were actuated. He granted an unbounded li- berty of conscience to all but catholics and prelatists ; and by that means, he both attached the wild sectaries to his person, and employed them in curbing the domi- neering spirit of the presbyterians. " I am the only man," he was often heard to say, "who has known how to subdue that insolent sect, wliich can suffer none but itself." The protestant zeal which possessed the presbyteri- ans and independents, was highly gratified by the • CromweU followed, though but in part, the advice which he receivixl from general Harns..n , at the time when the intimacy and endcarmert most stronKly subsisted bctivixt tlicm. •• Let the waiting upon Jehovah," said that mili- tary saint, "be the greatest and most considerable business you have every day : reckon it so, more than to eat, sleep, and counsel toRccher. Hun aside ■oinetimes from your company an.l get a word with the Lord. Why should not you have three or four precious souls always standing at vour elbow, with whom you might now and then turn into a corner ? I have found reft^jh- menl and mercy in such a way."— Milton's State Papers, p. 12 haughty manner in which the protector so successfully supported the persecuted protestants throughout all Europe. Even the duke of Savoy, so remote a power, and so little exposeil to the naval force of England, was obliged, by the authority of France, to comply with his mediation, and to tolerate the protestants of the valleys, against whom that prince had commenced a furious persecution. France itself was constrained to bear not only with the religion, but even, in some instances, with the seditious insolence of the hugonots ; and when the French court applied for a reciprocal toleration of the catholic religion in England, the pro- tector, wlio arrogated in everything the superiority, would hearken to no such proposal. He had enter- tained a pi'oject of instituting a college in imitation of that at Rome, for the propagation of the faith ; and his ajjostles, in zeal, though not in unanimity had cer- tainly been a full match for the cathohcs. Cromwell retained the cluirch of England in con- straint; though he permitted its clergy a little more libeity than the republican parliament had formerly allowed. He was pleased that the superior lenity of his admiuistration should in everything be remarked He bridled the royalists, both by the army which he retained, and by those secret spies which he found means to intermix in all their counsels. Manning be- ing detected and punished with death, he corrupted sir Richard Willis, who was much trusted by chan- cellor Ilyde and all the royalists: and by means of this man he was let into every design and conspiracy of the party. He could disconcert any project, by confining tlie persons who were to be the actors in it; and as he restored them afterwards to liberty, his severity passed only for the result of general jealousy and suspicion. The secret source of his intelligence remained still unknown and unsuspected. Conspiracies for an assassination he was chiefly afiaid of; these being designs which no prudence or vigilance could evade. Colonel Titus, under tiie name of Allen, had wiitten a spirited discourse, exhorting every one to embrace this method of vengeance ; and Cromwell knew that the inflamed minds of the royal party was sufficiently disposed to put the doctrine in practice against him. He openly told them, that assassinations were base and odious, and he never would commence hostilites by so shameful an expedi- ent ; but if the first attempt or provocation came from them, he would retaliate to the uttermost. He had instruments, he said, whom he could employ; and he never would desist till he had totally exterminated the royal family. This menace, more than all his guards, contributed to the security of his pcr.son. [See note 6 S, at the end of this Vol.'\ Tliere was no point about which the protector was more solicitous than to procure intelligence. Tliis ar- ticle alone, it is said, cost him sixty thousaud pounds a year. Post-masters, both at home and abroad, were in his pay : carriers were searchec} or bribed ; secreta- ries and clerks were corrupted : the greatest zealots in all parties were often those who conveyed private in- formation to him ; and nothing could escape his vigi- lant inquiry. Such at least is the representation made by historians of Cromwell's administration : but it must be confessed, that if we may judge by those volumes of Thurloe's papers which have been lately published, this affair, like many others, lias been greatly magni- fied. We scarcely find by that collection, that any secret counsels of foreign states, except tliose of Hol- land, which are not expected to be concealed, were known to tlie protector. The gener.al behaviour and deportment of this m.an, who had been raised from a very private station, who had passed most of his youth in the country, and who was still constrained so much to frequent bad com- pany, iviis such as might befit the greatest monarch, lie maintained a dignity without either affectation or ostentation ; and sujiported witli all strangers that high idea with which his great exploits and prodigious for- i/iiiiW^f" ' /C /iy ,/ ^■ir.i/x/r'f/ /(!'. &,^ ,■/•//■, /■ >y/ c faithful, tf 1 should not tell vou so, to the end you may rerort it to the parliament ; I shall say scmcthing for myself, for my owri mind, 1 do profess it, I am not a man scrupulous ahout ivords or names of •uch things 1 have not ; Init as 1 have the wortl of God, and I hope 1 shall ever have it, fcr the rule of my eonpncnce. for my informations: so truly men that have been led in dark paths thrviuxh the providence and dispensation of God ; why surely it is not to be objecti^ to a man ; for who can love to walk In the dark? But providence divs so dispose. And though a man may im- pute his own foliy and blindness to providence sinfully, yet it must be at my i'eril : the raae may be that it is the proi idence of Cod that doth lead men m darkness : 1 must ne«ds say, that 1 ha\ e had a great deal "f exp< rience of pro- vidence, and tlinuith it is no rule without or .israinst the V. i rd vc[ it is a very gt> ('or he also ivrote sermons,) would nuUe a great curi^sitv, and with a fefv exceptions, miebr i-istly pass fur one cf tVt moct nonsensical books in the world. nished. He had the power of nominating his bucccb- sor ; ho had a perpetual revenue a-ssigned him, a mil- lion a year for the pay of the fleet and army, three hundred thousand pounds for the support of civil go- vernment; and he had authority to name another house, who should enjoy their seats during life, and exercise some functions of the formt r house of peers. But he abandoned the power assumed in the intervals of parliament, of framing laws with the consent of his council ; and ho agreed, that no members of either house should be e.xcluded but by the consent of that house of which they were members. The other articles were in the main the same as in the instrument of go- vernment. The insti-ument of government Cromwell had formerly extolled as the most perfect work of hu- man invention: he now represented it as a rotten plank, upon which no man could trust himself without sinking. Even the humble petition and advice which he e.xtolled in its turn, appeared so lame and imperfect that it was found requisite, this very session, to mend it by a supplement: and after all, it m.-iy be regarded as a crude and undigested model of government. It was, however, accepted for the voluntary deed of the whole people in the three united nations ; and Crom- well, as if his power had just commenced from this popular consent, was anew inaugurated iu West- minster-Hall, after the most solemn and most pom- pous manner. The parliament having adjourned itself, (26th June,) the protector deprived Lambert of all his commissions ; but still allowed him a considerable pension of two thousand pounds a year, as a bribe for his future peace- able deportment. Lambert's authority in the army, to the surprise of everybody, was found immediately to expire with the loss of his commission. Packer and some other officers, whom Cromwell suspected, were also displaced. Richard, eldest son of the protector, was brought to court, introduced into public business, and thenceforth regarded by many as his heir in the protectorship ; though Cromwell sometimes employed the gross arti- fice of flattering others with hopes of the succession. Richard v.as a person possessed of the most peaceable, inoffensive, unambitious character, and had hitherto lived contentedly in the country on a small estate which his \nt'e had brought him. All the activitv which he discovered, and which never was great, was however exerted to beneficent purposes : at the time of the king's trial, he had fallen on his knees before his father, and had conjured liini by every tie of dutv and humanity, to spare the Mr of that monarch. Cromwell had two daughters unmarried : one of them he now gave in marriage to the urandson and heir of his great friend, the earl of Warwick, with whom he had, in every fortune, preserved an uninterrupted intimacy and good correspondence. The other he married to the viscount Faticonberg, of a family formerly devoled to the royal party. He was ambitious of forming connexions with the nobility; and it was one chief motive for his desiring the title of king, that he might replace everything in its natural order, and restore to the ancient families the trust and honour of which ho now found himself obliged, for his own safety, to de- prive them. 1658. On the 20th of January the parliament was again assembled ; consisting, as in the times of mo- narchy, of two houses, the commons and the other house. Cromwell, during the interv.al, had sent writs to his house of peers, which consisted of sixty mem- bers. They were composed of five or six ancient peers, of several gentlemen of fortune and distinction, and of some officers who had risen from the meanest stations. None of the .ancient peers, however, though summoned by writ, would deign to accept of a seat, wluch they must share with such companions as were assigned them. 'J'he protector endeavoured at first to maintain the appearance of a legal magistrate. Ha placed no guard at the door of either house: but Ecoa 740 THE HISTORY OF ENGLAND. [Chai<, LXl found how incoinpatiblo liberty is with military iisiir- putioiis. ]3y bringing so gi'eat a number of his friends and adherents into tlic otlier house, he had lost the ma- jority among the national representatives. In conse- quence of a clause in the humble petition and advice, the commons assumed the power of re-admitting those members whom the council had formerly excluded. Sir Arthur Hazelrig and some others, whom Cromwell had created lord.s, rather chose to take their seat with the commons. An incontestable majority now de- clared themselves against the protector ; and they re- fused to acknowledge the jurisdiction of that other liouse which he had established. ]'>en the validity of the humble petition and advice was questioned ; as being voted by a parliament whicli lay under force, anil which was deprived, by military violence, of a consider- able number of its members. The protector dreading combinations between the parliament and the malcon- tents in tlie army, resolved to allow no leisure for forming any conspii'acy against him ; and, with expres- sions of great displeasure, he dissolved the parliament. (4th February.) SVheu urged by Fleetwood and others of his friends not to precipitate himself into this rash measure, lie swore, by the living God, that they should not sit a moment longer. Tliese distractions at home were not able to take ofV tlie jirotector's attention from foreign aft'airs ; and in ail his measures he proceeded with tlie same vigour and enterprise, as if secure of the duty and attachment of the three kingdoms. His alliance with Sweden he still supported; and ho endeavoured to assist that crown in its successful enterprises, for reducing all its neighbours to subjection, and rendering itself ahsoliite master of the Baltic. As soon as Spain declared war against him, he concluded .a peace and an alliance with France, and united liimself in all his councils with that potent and ambitious kingdom. Sjiaiii, having long courted in v,ain the friendship of tlie successful usurper, was reduced at last to apply to the unfortunate prince. Cliarles formed a league willi Philip, re- moved his small court to Bruges in the Low Countries, and raised four regiments of his own subjects, whom he employed in the Spanisli service. The duke of York, who had, with applause, served some campaigns in the Fi'ench army, and who had merited the particu- lar esteem of marshal Turenne, now joined his brother, and continued to seek military experience under don John of Austria, and the prince of C'oude. DUNKIRK TAKEN. The scheme of foreign politics, adopted by the pro- tector, was highly imiirudent, but v/as suitable to that magnanimity and enterprise, with which he was so signally endowed. Ho was particularly desirous of conquest and dominion on the continent ; * and he sent over into Flanders six thousand men under Reynolds, who joined the French army commanded by Turenne. In the former campaign, JIardyke was taken, and put into the hands of tlic English. Early this campaign, siege was laid to Dunkirk ; and when the Spanish army advanced to relieve it, the combined armies of Fiance and England marched out of tlieir trenches, and fought th(^ battle of the Dunes, where the Sjianiards were totally defeated, t The valom- of the Englisli-was much * He aspired tn pet possession of Elsinoreand the passage .if the Sound. Sec *' World's Mistake in OliverCronnvell." He also endeavoured to get posses- sion of Hrenien.— Thorloc, vol. vi. p. .17B. t It V. as l-cmarlted bv tlie saints of that time, that the battle was fooght on a day uhich was held for a fast in London, so that, as Fleetwood said, (Thurloe, vol. vii. p. loll,} " wjiile we were prayitiit, tlicy were lijchlinp, and tile Lord hath k'vcii a sij;nal answer. The Lord has not only owned us in (air work there, hut in our waiting upon him in a way of prayer, which is in- deed our old experieneed approved way in all straits and diffieultics." Crom- wcM' Letter to Hlake and M onta«ue, his brave admirals, is rcinarkuble for the same spirit.— Thurloe, vol. iv. p. "44. " You have,' says he, *' as I verily be- lieve, and am persuaded, a plentiful slock of prayers coing for you daily, sent up by the sobcreit and most approved minisicrs and Christians in this nation : and, notwithsiandinK some discnuragements, very m.ich wrestling of fai:h for you, which are to us, and 1 trust will be to you, matter of great cncou- ■ngmunt. lint notwithstanding all this, it will be pood for you and us ;o fltliver up ourselves and all our affairs to the disposition of our all-wise Fa- Uic-, who not only out of prerogative, but bccaose of his gondness, wisdom, and trstih, ought to be resigni-d unto by his creatures esptcially those wno are chUil-Tn of bit begetting through the Stint," &c remarked on this occasion. Dunkirk, being soon aftor surrendered, was by agreement delii'cred to Ciomwell He committed the government of that imjiortant placo to Lockbart, a Scotchman of abilities, who hail mar- ried his niece, and was his ambassador at the court of France. This acquisition was regarded by the protector as the means only of obtaining further advantages. He was resolved to concert measures with the French court fo/ the final conquest and partition of the Low Countries. Had he lived much longer, and maintained his autho- rity in England, so chimerical, or rather so danger- ous a project would certainly have been carried into execution. And this first and ])rincipal step towards more extensive conquest, which France, during a whole century, has never yet been able, by an infinite ex- pense of blood and treasure, fully to attain, had at once been accomplished by the enterprising, though»uuskil- ful, politics of Cromwell. During these transactions, great demonstrations of mutual friendship ami regard passed between the French king anil the protector. Lord Fauconberg, Cromwell's son-in-law, was dispatched to Louis, then in camp before Dunkirk ; and was received with the regard usually paid to foreign princes by the French court. Jlazariuesent to London his nephew Mancini, along with the duke of Crequi; and expressed his re- gret, that his urgent affairs should deprive him of the honour which lie had long wished for, of paying, in person, his respects to the greatest man in the ^vorld.* The protector reaped little satisfaction from the suc- cess of his arms abroad : the situation on which ho stood at home, kept him in perpetual uneasiness and inquietude. His administration, so expensive both by military enterprises and secret intelligence, had ex- hausted his revenue, and involved him in a consider- able debt. The royalists, he heard, had renewed their conspiracies for a geneial insurrection ; and Urmond was secretly come over with a view of concerting mea- sures for the execution of this project. Lord Fairfax, sir "William Waller, and many heads of the jiresbyte- rians, had secretly entered into tlie engagement. Even the army was infected with the general spirit of dis- content ; and some sudden and dangerous eruption was every moment to be dreaded from it. No hopes re- mained, after this violent breach with the last p-oilia- ment. that he should ever be able to establish, with general consent, a legal settlement, or temper the mi- litary with any mixture of civil authority. All his arts and policy were exhausted; aiid having so often, by fraud and false pretences, deceived every party, ami ahnost e^-ory individual, he could no longer hope, by repeating the same professions, to meet with equal cou- fidence and regard. However zealous the royalists, their conspiracy took not cfi'ect : Willis discovered the whole to the jirotec- tor. Orniond was obliged to flj', and he deemed him- self fortunate to have escaped so vigilant an adminis- tration. Great numbers were thrown into prison. A high court of justice was anew erected for the trial of those criminals whose guilt was most apjiarent. Not- withstanding the recognition of his authority by the last parliament, the protector could not as yet trust to an unbiassed jury. Sir Henry Slingsby, and Dr.Huet wero condemned and beheaded. Jlordaunt, brother to the earl of Peterborow, narrowly escaped. The numbers for his condemnation and his acquittal were etpial ; and just as the sentence was pronounced in his favour, colonel Pride, who was resolved to condemn him, came into court. Ashton, Story, and Bestley, were hanged ill different streets of the city. Theconspiracyof the millenarians in the army struck Cromwell with still greater apiirehensions. Harrison • In rea.ity the cardina. had not cnterta'ned so high an idea of CromuvJ. He used to say, that he was a fortunate madman.— " Vie de Cl-om well jar Re- gucnet." See also Charte'sCoileeiion, vol.ii.n.81. Oumbie's Lifpot iloiiic, p.y:L " Vi'orld'!, Mistai^c in Oliver Cromwell. Chat. LX[.] THE COMMONWEALTH, 1649—1660. r4i rnrl the oilier discarded officers of tliat party could not rtinaiii at rest. Stimulated equally by revenge, liy iimliition, and by conscience, tliey still harboured in tlipir breast some desperate project ; and there wanted i!"t offii-ers in the army, who, from like motives, were cli-^poscd to second all their undertakings. The level- lei-s and agitators had be n encouraged by Cromwell to interpose with their advice in all political delib ra tions; and he had even pretended to honour many of tlrem with bis intimate friendshij), while he conducted his daring enterprises against the king and the par- liament. It was a usual practice with him, in order to familiarize himself the more with the agitators, who were commonly corporals or Serjeants, to take them to bed with him, and there, after prayers and ex- hortations, to discuss together their projects and jnin- niples, political as well as religious. Having assumed llic dignity of protector, he excluded them from all his councils, and had neither leisure nor inclination to in- dulge them any further in their wonted familiarities. Among those who were enraged at this treatment was Sexby, an active agitator, who now employed against him all that restless industry which had formerly been exerted in his favour. He oven went so far as to enter into a correspondence with Spain ; and Cromwell, who knew the distempers of the army, was justly afraid of some mutiny, to which a day, an hour, an instant, might proride loaders. Of assassinations likowise be was apprehensive, from the zealous spirit which actuated the soldiers. Sin- dercomo had undoitaken to murder liini ; and, by the most unaccountable accidents, bad often been pre- vented from executing bis bloody purpose. ITis de- sign w.as discovered ; but the protector could never find the bottom of the enterprise, nor detect any of his accomplices. He was tried by a jury; and notwith- standing the general odium attending that crime, not- withstanding the clear and full proof of his guilt, so little conviction prevailed of the protector's light to the supreme government, it was with the utmost diffi- culty that this conspirator was condemned. When everything was ]>repared for his execution, he was found dead; from poison, as is supposed, which he had voluntarily taken. The protector might better have supported those fears and apprehensions which the public distempers occasioned, had he enjoyed any domestic satisfaction, or possessed any cordial friend of bis own family, in whose bosom be could safely have unloaded bis anxious and corroding cares. But Fleetwood, his son- in-law, actuated by the wildest zeal, began to estrange himself from bim ; and w.is enraged to discover that Cromwell, in ali bis enterprises, had entertained views of promoting his own grandeur, more than of encou- raging piety and religion, of which be made such fer- vent ]irofessions. His eldest daughter, married to Fleetwood, had adopted republican principles so vehe- ment, that she could not with patience behold power lodged in a single person, even in her indulgent father. His other daughters were no less prejudiced in favour of the royal cause, and regretted the violences and iniquities into which, they thought, their family bad so unhappily been transported. Above all, the sick- ness of Mrs. Claypole, his peculiar favourite, a lady en- dued with many humane virtues and amiable accom- plishments, depressed his anxious mind, and poisoned all his enjoyments. She h.ad entertained a high regard for Dr. Hiiet, lately executed; and being refused his pardon, the melancholy of her temper, increased by her distempered body, had prompted her to lament to her father all his sanguinary measures, and mt^q bim to compunction for tbo>e hei us crimes into which bis fatal ambition bad betrayed him. Her death, which followed soon after, gave new edge to every word which she had uttered. All composure of mind was now for ever fled from the protector: be felt that the grandeur which he bad obtained with so much guilt and courage, could not ensure bim that tranqniliity which it belon,','S to virtue alone, and moderation, fcdiy to ascertain. Over- whelmed with the lead of public affairs, dreading per- petually some fatal accident in bis distempered go- vernment, seeing nothing around bim but treacherous friends or enraged enemies, possessing the confidence of no party, resting his title on no principle, civil or religious, he found bis power to depend on so delicate a poise of f.ictions and interests, as the smallest event was able, without any preparation, in a moment to overturn. Death too, which with such signal intre- pidity he had br.avcd in the field, being incessantly threatened by the poniards of fanatical or interested a-ssa^sius, was ever present to his terrified apprehen- sion, and haunted bim in every .scene of business or repose. Each action of his life betrayed the terrors under which be laboured. The aspect of strangers was uneasy to bim : with a piercing and anxious eye he surveyed every face to which he was not daily accustomed. He never moved a step without strong guards attending him: he wore armour under his clothes, and further secured himself by offensive weapons, a sword, fal6hion, and pistols, which be always carried about him. He returned from no place by the direct road, or by the same way in which he went. Every journey be performed with huriy and precipitation. Seldom be slept above three nights together in the same chamber : and he never let it be known beforehand what chamber he intended to choose, nor intrusted himself in any which was not provided with baclt-doors, at which sentinels were carefully placed. Society terrified him, while he re- flected on bis numercus, unknown, and implacable enemies : solitude astonished him, by withdrawing that protection which he found so necessaiy for his security. SICKNESS OF THE PROTECTOR. His body also, from the contagion of bis .anxious mind, began to be affected; and his health seemeii sensibly to decline. He was seized with a slow fevei-, which changed into a tertian ague. For the space of a week no dangerous symptoms appeared ; and in the intervals of the fits be was able to walk abroad. At length tlie fever increased, and be himself began to entertain some thoughts of death, and to cast bis eye towards that future existence, whose idea luad once been intimately present to him; though since, in the hurry of affairs, and in the shock of wars and factions, it had, no doubt, been considerably obliterated. Ho asked Goodwin, one of bis preachers, if tlie doctrine were true, that the elect could never fall or suffer a final reprobation. "Nothing more certain," rejilied the preacher. ''Then am I saCo," said the protector : " for I am sure that once I was in a state of grace." His physicians were sensible of the jierilous condi- tion to which his distemper bad reduced him : but bis chaplains, by their i)rayers, visions, and revelations, CO buoyed up hie hopes, that he bei;an to believe his life out of all dai.ger. A favourable answer, it w.as pretended, had been relumed by Heaven to the peti- tions of all the godly : and be relied on their asseve- ■rations much more than on the opinion of the most e.\- perienced physicians. "I tell you," he cried with confidence to the latter, " I tell you, X shall not die of this distemper : I am well assured of my recovery. It is promised by the Lord, not only to my supplications, but to those of men who hold a stricter commerce and more intimate correspondence with bim. Ye may have skill in your profession ; but nature can do more than all the jihysicians in the world, and God is far above na- ture." Nay, to such a degree of madness did their en- tliHsi.xstic assurances mount, that, upon a fast-day, which was observed on his account botli at Hampton Court and at Whitehall, they did not so much j^ray for big healtli, as give thanks for the undoubted pledges which tliey bad received of his recovery. He himself ttrs 742 THE HISTORY OF ENGLAND. overheard offciir.g up nis addresses to Heaven ; and so tar liad tlio illusions of fanaticism prevailed over tlie jilainest ciictatL's of natural morality, tliat he assumed more tlie cliaractor of a mediator interceding for liis people, tlian that of a criminal, whose atrocious viola- tion of social duty had, from every tribunal, liuman ind divine, merited the severest vengeance. HIS DEATH AND CHARACTER. Meanwhile all the symptoms ))egan to wear a more fatal aspect ; and the physicians were obliged to break silence, and to declare that tlio protector could not survive the next fit with wliich he was threatened. The council was alarmed. A deputation was sent to know his will with regard to his successor. His senses were gone, and he could not now express his inten- tions. They asked him, whether lie did not mean that his ehiest son, Richard, should succeed him in the ]irotoctorship. A simple afHrmative was, or seemed to be, extorted from him. Soon after, on the 3rd of September, that very day wln-ch he had always con- sidered as the most fortunate for him, he expired. A violent tempest, which immediately succeeded his death, served as a subject of discourse to the vulgar. His partisans, as well as his enemies, were fond of re- marking this event; and each of them endeavoured, by forced inferences, to interpret it as a confirmation of their particular prejudices. The writers, attached to the memory of this won- derful person, make his character with regard to abili- ties, bear the air of the most extravagant panegyric : liis enemies form such a representation of liis moral qualities as resembles the most virulent invective. Both of them, it must be confessed, are supported by such striking circumstances in his conduct and fortune as bestow on their representation a great air of pro- bability. " What can be more extraordinary," it is said, " than that a person of private birth and educa- tion, no fortune, no eminent qualities of body, which h.ave sometimes, nor shining talents of mind, wliich have often raised men to the higliest dignities, should have the courage to attempt, and the abilities to exe- cute, so great a design as the subverting one of the most ancient and best established monarchies in the world ? Tliat he should have the power and boldness to put his ]n-iuce and master to an open and infamous death? Should lianish that numerous and strongly allied family ? Cover all these temerities under a seeming obedience to a parliament, in whose service he pretended to be retained ? Trample too upon that parliament in their turn, and scornfully expel them as soon .as they gave him ground of dissatisfaction ? Erect in their place the dominion of the saints, and give re- ality to the most visionary idea, which the heated ima- gination of any fanatic was ever able to entertain ? Suppress again that monster in its infancy, and openly- set up himself above all things that ever we^e called sovereign in England ? Overcome first all his enemies by arms, and all his friends afterwards by artifice ? Serve all parties patiently for a while, and command them victoriously at last ? Overrun each corner of the three nations, and subdue with equ.al facility both the' riches of the south, and the ]ioverty of the north ? Be feared and courted by all foi-eign princes, and be adopted a brother to the gods of the earth ? Call toge- ther parliaments with the word of his pen, and scatter them again with the breath of his mouth? Reduce to subjection a warlike and discontented nation, by me.ans of a mutinous army ? Command a mutinous ;iruiy by means of seditious and factious officers ? Be humbly and d.aily petitioned, tliat he would be ple.ascd, at the rate of millions a year, to be hired as m.aster of those who had hired hiui before to be their servant ? Have the estates and lives of three nations as much at his disposal as was once the little inheritance of his father, and be .as noble and liberal in the spending of them? And lastly (for there is no end of enumerating every [Chap LXI. particular of liis glory,) nitli one word bequtvitli all this power and splendour to his posterity? Die possessed of peace at home, and triumph abroad? Be buried among kings, and with more than regal solemnity ; and leave a name behind him not to be extinguished but with the whole world ; which as it was too little for his praise, so might it have been for his conquests, if the short line of his mortal life could have stretched out to the extent of his immortal designs !"" Jly intention is not to disfigure this picture, drawn by so masteily a hand : I shall only endeavour to re- move from it somewhat of the marvellous ; a circum- stance, which, on all occasions, gives much ground for doubt and suspicion. It seems to me, that the circum- stance of Cromwell's life, in which his abilities are principally discovered, in his i-ising from a private sta- tion, in opposition to so many riv.als, so much advanced before iiini, to a high command and authority in the army. His great courage, his signal military talents, his eminent dexterity and address, were all requisite for this important acquisition. Yet will not this pro- motion appear the effect of supernatural abilities, when we consider, that Fairfax himself, a private gentleman, who had not the advantage of a seat in parliament, had, through the same steps, attained even a superior rank, and, if endued with common capacity and pene- tration, had been able to retain it. To incite such an army to rebellion against the parliament, required no uncommon art or industry: to have kept them in obe- dience had been the more difficult enterprise. When the bre.ach is once formed between the militai'y and civil powers, a supreme and absolute authority, from that moment, is devolved on the general; and if he be afterwards pleased to employ artifice or policy, it may be regarded, on most occasions, as great condescension, if not as superfluous caution. That Cromwell was ever able really to blind or overreach either the king or the republicans, does not appear: as they possessed no means of resisting the force under his command, tbey were glad to temporize with him, and, by seeming to be deceived, wait for opportunities of freeing themselves from his dominion. If he seduced the military fanatics, it is to be considered, that their interests and his evi- dently concurred, that their ignorance and low educa- tion e.xposed them to the grossest imposition, and that he himself was at bottom as frantic an enthusiast as the worst of them, and, in order to obtain their confi- dence, needed but to displ.ay those vulgar and ridicu- lous habits, which he had early acquired, and on which he set so high a value. An army is so forcible, and at the s.ame time so coarse a weapon, that any hand Avhich wields it may, without much dexterity, perform any operation, and attain any ascendant, in human society. The domestic administration of Cromwell, though it discovers great abilities, was conducted without any plan either of liberty or arbitiary power : perhaps his difficult situation admitted of neither. His foreign enterprises, though full of intrepidity, were pernicious to national interest, and seem more the result of im- petuous fury or narrow prejudices, than of cool fore- sight and deliberation. An eminent person.ige, liow- ever, he was in many respects, and even a superior genius ; but unequal and irregular in his operations. And though not defective in any talent, except that of elocution, the abilities, which in him were most admir- able, and which most contributed to his marvellous success, were the magnanimous resolution of his en- terprises, and his peculiar dexterity in discovering the characters, and practising on the weaknesses of man- kind. If wo survey the moral character of Cromwell with that indulgence which is duo to the blindness and in- firmities of the human species, we shall not be inclinea to load his memory with such violent reproaches as those which his enemies usually throw upon it. Amidst • Cowley's DiK-oursci: Tliii rsKORC is sitcrnl In tome pvUcuUn from tht cii-igina. Chap. I.XIl.] TUF'; COAfMONWEALTH, >(;W— IGGo 7.1,-! tho passions and i)ic-judieos of lliat perJod, tliat lio sliould prefer the parliamenlary to Ilia royal cause, will not ajipear extiaordiiiary; since even at present, some men of sense and linowledgo are disjiosed to tliiuli that the question, with regard to the justice of the quarrel, may be regarded as doubtful and uncer- tain. The murder of the king, the most atrocious of all his actions, was to him covered under a mighty cloud of republican and fanatical illusions ; and it is not impossible, but lie might believe it, as many others did, the most meritorious action that ho could perform. His subsequent usurpation was the effect of necessity, as well as of ambition ; nor is it easy to see how the vari- ous factions could at that time have been restrained, without a mixture of military and arbitrary authority. The private deportment of Cromwell, as a son, a hus- band, a father, a friend, is exposed to no considerable censure, if it does not rather merit praise. And, upon the whole, his character does not ai>pear more extraor- dinary and nnusnal by the mixture of so much ab- surdity with so much penetration, than by kis tempei- ing such violent ambition and such enraged fanaticism with so much reg.ird to justice and luimanitj'. Cromwell was in the fifty-ninth year of his age when he died. He was of a robust frame of body, and of a manly, though not of an agreeable aspect. lie left only two sons, Richard and llenry; and three daugh- ters, one married to general Fleetwood, another to lord Fauconberg, a third to lord Uich. llis father died when lie was young. His mother lived till after he was protector; and, contrary to her orders, he buried lier with great pomp in Westminster Abbey. She could not be persuaded that his power or person was ever in safety. At every noise which she heard, she exclaimed, that her son was murdered ; and wixs never satisfied that he was alive, if she did not receive fre- quent visits from him. She was a decent woman; and by her frugality and industry, had raised and edu- cated a numerous family upon a small fortune. She had even been obliged to set up a brewery at Hunting- 'm, which she managed to good advantage. Hence I iomwell, in the invectives of that age, is often stig- matized with the n.ime of " the Brewer." Ludlow, by w.ay of insult, mentions the great accession which he would receive to his royal revenues upon his mother's death, who possessed a jointure of sixty pounds a ye.ar upon his estate. She was of a good family, of the name of Stuart ; remotely allied, as is by some sup- posed, to the royal family. CHAPTER LXII. Rk'hknl acknowU-dgcd Protector A Partiamtnt Cnl*l of Wailingfnrd- tlnuRe Richard deposed I.011K I'arliamcntor Runiprest^>rc(] Con- spiracy of tlic Uovalists Insurrection Suppicssed t'arliamcnt ex- pelled- — Con, niltrec of Safety KoreiKn .Affairs General Monlt Monk declarvs for the I'arlianieiit rarliajnent res'ortd — — Monlj enters London, di-clarvs for a free rarliamcnt Sefluiletl Members restored Lonff ParLamcnt dissolved Ncvr Parliament The Itcstoiation Manners and Art^ ALL the arts of Cromwell's policy had been so often practised, that they beg.an to lose their effect; and his irower, instead of being confirmed by time and success, seemed every day to become more uncertain and precarious. His friends the most closely connected with him, and his counsellors the most trusted, were entering into cabals agtiinst his authority ; and, with all his penetration into the characters of men, he could not find any ministers on whom he could rely. Men of probity and honour, ho Unow, wouhl not submit to be the instruments of an usurpation violent and illegal: those who were free from the restraint of principle migiil betr.'iy, from interest, tliat cause, in which, from no better motives, they had enlisted themselves Kvon lluiseon whom lie conferriMl-iuyfavoiirjUever deemed the recompense an equivalent for the sacrifices wliich thoy made to obtain it : wlioover was refused any demand, justified his anger by the specious colours of conscience and of duty. Such difficulties sunoundcd tho protec- tor, that his dting at so critical a time is estoemed by many the most fortunate ciicnmsiance that ever at- tended lilni ; and it was thought, that all his courage and dexterity could not mucli longer have extended his usurped administration. RICHARD ACKNOWLEDGED PROTECTOR. But when that potent hand was removed, which con- ducted the government, every one expected a sudden dissolution of the unweildy and ill-jointed fabric. Richard, a young man of no experience, educated in the country, .accustomed to a retired life, unacquainted with the officers and unknown to them, recommended by no military exjiloits, endeared bv no familiarities, could n()t long, it was thought, maintain that autho- rity, which his father had acquired by so many valorous achievements and such signal successes. And when it W.1S observed, that ho possessed only the virtues of private life, which in his situation were so many vices ; that indolence, incapacity, irresolution, attended his facility and good nature; the various hopes of men were excited by the expectation of some great event or revolution. For some time, however, the pubhc was disappointed in this opinion. The council reeo"-- iiisod the succession of Richard: Fleetwood, in whose favour, it was supposed, Cromwell had formerly made a will, renounced all claim or pretension to the protcc- torshii) : Henry, Richard's brother, who governed lie- land with popularity, ensured him the obedience of that kingdom : Jloiik, w hose authority was well established in Scotland, being much attached to the family of Cromwell, immediately proclaimed the new protector : the army eveijwhere, the fleet, acknowledged his title: above ninety addresses, from the counties and most considerable corporations, eongratulated him on his accession, in .all the terms of dutiful allegiance : foreif-n ministers were forward in paying him the usual com- pliments: and Richard, whose moderate, unambitious character, never would have led him to contend for empire, was tempted to accept of so rich an inherit.ance, which seemed to be tendered to him by the consent of all mankind. A PARLIAMENT. ItJsa. It was found necessary to call a parliament, in order to furnish supplies, both for the ordinary administra- tion, and for fulfilling those engiigements with foreign princes, jiarticularly Sweden, into which the late pro- tector had entered. In hopes of obtaining greater influ- ence in elections, the aneiiMit right was restored to all the small boroughs; and the counties were allowed no more than their usual members. The house of peers, or the other house, consisted of the same persons that had been appointed by Oliver. All the commons, at first, signed, without hesitation, an engagement not to alter the present government. (17th . January.) They next proceeded to examine //le humble pelition and advice; and after great ojiposition and many vehement debates, it was at length, with much difficulty, carried by the court-party to confirm it. An acknowledgment too of the authority of the other house w.as extorted from them ; though it w.as resolved not to treat this house of peers with anv greater respect than they should return to the coni- nious. A declaration was also made that the estab- lishment of the other house should nowise prejudici the right of such of the ancient peers as h.ad, from the beginning of the war, adhered to the pariiament. But in all these proceedings, the opposition among the commons was so considerable, and the debates were so much proloLgod, that all business was retarded, and great alanu given to the partisans of the young protector. 7U TH1-; rilSTORY OF ENGLAND. [Chap. I.XII Bui fiicro wns anotlior qiinilor fioiii wliicli greater (lanspis woro juslly ;ipi>rclR'n(!cil. 'I'lie most consider- able oflieors of llie'arii!)-, and even I'leet^vood, Lrotlier- iu-!aw to tlie protector, vere entering into cabals n<;:iinsl bini. No ebaracter in liiinian society is more dangerous than tbat of the fanatic; because, if attended with weak judgment, lie is exposed to the suf;gestions of others ; if supported by more discernment, he is en- tirely governed by his own illusions, which sanctify Ills most selfish views and passions. Fleetwood was of the former species ; and as he was extremely addicted to a republic, and even to the fifth monarchy or dominion of the saints, it was easy for those, wlio had insinuated themselves ii'.to his confidence, to instil disgusts against the dignity of protector. The whole republican party in the army, which was still considerable, Fitz, Mason, Jfoss, Farley, united themselves to tliat general. The officers too of the same party, whom Cromwell had dis- carded, Overton, Ludlow, Rich, 01;ey, Alured, began to appear, and to recover that authority, which had been only for a time suspended. A party likewise, who found themselves eclipsed in Kichard's favour, Sydenham, Kelsey, Berry, Ilaines, joined the cabal of the otiiers. Even Desborow, the protector's untie, lent his authority to that faction. But above all, the intrigues of Lambert, who was now roused from his r'itreat, inflamed all those dangerous humours, and threatened the nation with some great convulsion. The discontented officers established their meetings in Fleetwood's apartments; and because he dwelt in Wallingford-house, the party received a denomination from that place. CABAL OP WALLINGFORD-HOUSE. Richard, who possessed neither resolution nor pene- tration, was prevailed on to give an unguarded consent for calling a general council of officers, who might make him proposals, as they pretended, for the good of the army. No sooner were they assembled than they voted a remonstr.ance. They there lamented, that the good old cause, as they termed it, that is, the cause for which they had engaged against the late king, was entirely neglected : and they proposed as a remedy, that the whole military power should be in- trusted to some person, in whom they might all con- fide. The city militia, influenced by two aldeinien, -Vichburn and Ireton, expressed tlie same resolution of odiu'riug to the yood old cunsc. The protector v.as justly alarmed at those move- ments among the oflicers. The persons in whom he chiefly confided were all of them, excepting Broghill,. men of civil characters and professions; Fiennes, Thurloe, Whitlocke, Wolsey; who could only assist liim with their advice and opiniw. lie possessed none of those arts which were proper to gain an en- thusiastic army. Slurmurs being thrown out against some promotions which he had made, "Would you have me," said he, " prefer none but the godly ? Here is Dick Ingoldsby," continued he, " who can neither pray nor preach ; yet will I trust him before ye all." This imprudence gave great ollence to the pretended saints. The other qualities of the protector were correspond- ent to these sentiments: he was of a gentle, humane, and generous disposition. Some of his party oflering to put an end to those intrigues by the death of Lambei't, he declared, that he would luit purchase power or do- minion by such sanguinary measures. RICHARD DEPOSED. April 22. The parliament was no less alarmed at the military cabals. They voted that there should he no meeting or general council of officers, except with the protec- tor's consent, or by his orders. This vote brought atl'airs immediately to a rupture. The officers has- tened to Richard, and demanded of liim the dissolu- tion of the parliament. Desborow, a man of clownish and brutal nature, threatened him if he should refusa compliance. The protector wanted the resolution to deny, and possessed little ability to resist. The ]iar' liament was dissolved ; and by the same act, the juo- tector was, by every one, considered as eflectually de- throned. Soon after, he signed liis demission in form, i Henry, the de]inty of Ireland, was endowed with tl'.e same moderate disposition as Richard ; but as he possessed more vigour and capacity, it was ojiju'e. bended that he might make resistance. His ]ioim- larity in Ireland was great ; and even his personal i authority, notwithstanding his youth, was consider- able. Had his agibition been very eager, he had, no doubt, been able to create disturbance : but being threatened by sir Hardress AValler, colonel John Jones, and other officers, he very quietly resigned his command, and retired to England. He had once entertained thoughts, which he had not resolution to execute, of proclaiming the king in Dublin. Thus fell suddenly, and from an enormous height, but, by a rare fortune, without any hurt or injurv, the familyof the Croinwells. Richard continued to possess an estate which was moderate, and burdened too Mitlia large debt, mIucIi he had contracted for the interment of his father. After the Restoration, though he re- mained unmolested, he thought projier to travel for some years ; and at Pezenas, in Langucdoc, he was in- troduced, under a borrowed name, to the prince of Conti. That prince, talking of English af^lxirs, broke out into admiration of CroniM'cll's courage and ca])a- city. " But as for that poor pitiful fellow, Richard," said he, " what has become of him ? How could ho bo such a blockhead as to reap no greater benefit from all liis father's crimes and successes?" Richard ex- tended his peaceful and quiet life to an extreme old age, and died not till the latter end of queen Anne's reign. His social virtues, more valuable than the greatest capacity, met with a recompense, more pre- cious than noisy fame, and more suitable — contentment and tranquillity. The council of officers, now possessed of supreme authority, deliberated what form of government they should estabUsh. Many of them seemed inclined to exercise the power of the .sword in the most ojien manner: bnt as it was apprehended that the people would with great difficulty be induced to pay taxes, levied by arbitrary will and pleasure ; it was agreed to preserve the shadow of civil administration, and to re- vive the long parliament which had been expelled by Cromwell. That assembly could not be dissolved, it was asserted, but by their own consent ; and violence had interrupted, but was not able to destroy, their right to government. The officers also expected that, as these members had sufficiently felt their own weak- ness, they would be contented to act in subordination to the military commanders, and would thenceforth allow all the authority to remain where the power was so visibly vested. • The officers ajiplied to Lenthal, the speaker, and pro- ]iosed to him, that the parliament should i-esume their seats. Lenthal was of a low, timid spfl-it ; and being uncertain what issue might attend these measures, was desirous of evading the jiroposal. He rejilied, that he could by no means comply with the desire of the officers ; being engaged in a business of far greater importance to himself, which he could not omit on any account, because it concerned the salvation of his own soul. The officers pressed him to tell what it might be. He was preparing, he said, to paiticiiiate of the Lord's su]i]icr, which he resolved to take next sabbath. Thev insisted that mercy was preferable to sacrifice, and that he could not better prepare himself for that great duty, than by contributing to the public service. All their remonstrances had no eft'ect. However, on the aiqieinted day, the speaker, being informed that a quorum of the house was likely to meet, thought jn'oper, notwithstanding the salvation of his soni, us Ludlow observes, to join them ; and the house imn:c- CiiAP. LXll.] THE COMMONWEALTFT 1G49— ICCO rti ni:itcly procecilod upon business. The secluded iiicm- bnrs attoniptod, but in vain, to resume tlicir se;its among tlicm. LOXG PARUASIENT OR RUMP RESTORED. The numbers of this parliament were small, little exceeding seventy members : their authority in the nation, ever sinre they had been ])ur!^od by the army, Wiis extremely diminished ; and after their expidsion, liad been totally. annihilated : but bein^j all of them men of violent ambition ; some of them men of ex- perience and capacity ; they were resolved, since they enjoyed the title of the supreme authority, and ob- served that some appearance of a parliament was re- quisite for the purposes of the army, not to act a sub- ordinate part to those who acknowledged themselves their serv.ints. They chose a council, in which they took c.aro that the officers of Wallingford-liouse should not be the majority : they appointed Fleetwood lieu- tenant-general, but inserted in his commission, that it should only continue during the jileasure of the house : they chose .seven persons who should nominate to such commands as became vacant : and they voted, that all commissions should be received from the speaker, and be assigned by him in the name of the house. These precautions, the tendency of which was visible, gave great disgust to the general officers : and their discon- tent would immediately have broken out into some resolution fat.al to the parliament, had it not been checked by the apprehensions of danger fiom the common enemy. The bulk of the nation consisted of roy.ilists .and prisbyterians ; and to both these p.arlies the dominion of the pretended parliament had ever been to the last degree odious. When that assembly was expelled by Cromwell, contempt had succeeded to hatred ; and no reserve had been used in expressing the utmost deii- sion against the impotent ambition of these usurpers. Seeing them reinstated in authority, all orders of men felt the highest indignation ; together with apprehen- sions, lest such tyrannical rulers should exert their power by taking vengeance upon their enemies, who had so openly insulted them. A secret reconciliation, therefore, was made between the rival parties ; and it was .agreed, that, burying former enmities in oblivion, nil efforts should be used for the overthrow of the rump ; so they called the parliament, in allusion to that part of the animal body. The prcsbyteriaus, sensible, from experience, that their passion for li- berty, however laudable, had earned them into nn- wanuntablo excesses, were willing to lay aside ancient jealousies, and at all hazards to restore the royal family. The nobility, the gentry, bent their passion- ate endeavours to the same enterprise, by which alone they could be redeemed from slavery. And no man was so remote from party, so indifferent to jiublic good, as not to feel the most .ardent wishes for the dis- solution of that tyi'anny which, whether the civil or the military jiart of it were considered, appeared equally oppressive and ruinous to the nation. CONSPIRACY OF THE ROYALISTS. Mordaunt, who had so narrowly escaped on his trial before the liigh-court of justice, seemed rather ani- mated than daunted with jmst danger ; and having, by his resolute behaWour, obtained the highest confi- dence of the royal party, he was now become the centre of all their conspiracies. In m.any counties, a resolution w.is taken to rise in arms. Lord AVil- loughby of Parh.am and sir Horatio Tcwnshend under- took to secure I.ynne ; general Massey engaged to seize Gloucester ; lord Newport, Littleton, and other gen- tlemen, conspired to take possession of Shrenshury ; sir George Booth, of Chester ; sir Thomas Middleton, of North Wales ; Arundel, Pollard, Granville, Trelaw- ne\-, of Plvmouth and F.xetcr. A day was appointed VcL. 1." for the execution of all these enterprises. And l!-.e king, attended by the duke of York, had .secretly arrived at Calais, with a resolution of putting himself at the head of his loyal subjects. The French court had piomiscd to supply him with a small body of forces, in order to countenance the insurrections of the English. This combination was disconcerted by the infidelity of sir Richard Willis, 'i'liat traitor continued with the parli.iment the same correspondence which he had begun with Cromwell. lie had engaged to reveal all conspiracies, so far .as to destroy their effect ; but re- served to himself, if he pleased, the power of conceal- ing the conspirators. Jle took care never to name any of the old genuine cavaliers, who had zealously ad- hered, and were resolved still to adhere, to the royal cause in every fortune. These men he esteemed; these he even loved. lie betrayed only the new con- verts among the prcsbyteiians, or such lukewarm roy- alists as, discouraged with their disappointments, were resolved to expose themselves to no more hazards. A lively proof how impossible it is even for the most cor- rupted minds to divest themselves of all regard to morality and social duty ! In July many of the conspirators in the different counties were thrown into prison : others, astonished at such symjitoms of secret treachery, left their houses, or remained quiet : the most tempestuous weather prevailed during the whole time appointed for the rendezvouses ; insomuch that some found it imjiossi- ble to join their friends, and others were dismayed with fear and supeistition at an incident so unusual during the summer season. Of all the p.rojects, the only one ^^hich took effect was that of sir George Boolh for the seizing of Chester. The earl of Derby, lord Ileibert of Cherbury, Mr. Lee, colonel Morgan, entered into this enterprise. t?ir William Middleton joined Booth with some troops from North Wales ; and the malcontents were powerful enough to subdue all in that neighbourhood who ventured to oppose them. In their declaration they made no mention of the king : they only dem.-iuded a free and full parii.a- ment. The parliament was justly alanned. How combus- tible the materials, they well knew ; and the tire was now fallen among them. Booth was of a family emi- nently presbyterian ; and his conjunction with the royalists they regarded as a dangerous synijitom. They had many officers whose fidelity they could more depend on than that of Land}ert : but there was no one in whose vigilance and capacity they reposed such confidence. They commissioned him to suppress the rebels. lie made incredible haste. Booth impru- dently ventured himself out of the walls of Chester, .and exposed, in the open field, his raw troops against these hardy veteians. He was soon routed and taken prisoner. His whole aimy was dispersed. And the parliament had no further occupation than to fill all the jails with their open or secret enemies. Designs were even entertained of transporting the loyal fami- lies to Barbadoes, .lamaica, and the other colonies; lest they should propagate in England children of the game malignant affections with themselves. This success hastened the ruin of the parliament. Lambert at the head of a body of troops, was no less dangerous to them than Booth. A thousand pounds, which they sent him to buy a jewel, were employed by him in liberalities to his ofhcers. At his instigation they drew up a petition, and transmitted it to Fleet- wood, a weak man, and an honest, if sincerity in folly deserve that honourable name. The import of this petition was, that Fleetwood should be made com- mander-in-chief; Lambert, m,ijor-general ; Desborow lieutenant-general of the hor.^e ; .Monk, in,ijor-general of the foot. To which a demand was added, that no officer should be dismissed from his command but by.i court-marti.il. The parliament, alarmed at the danger, immediately 6 V 746 THE HISTORY OF ENGLAND [Chap. I.Xll onsliiercd LamLcit, Desboiow, Bony, Clarke, Barrow, Kelsey, €obl)et. Sir Artliur Hazolrig jiroposcd the inii)eacl\nioiit of Lambert for high-treason. Fleet- wood's conmiission was vacated, and the command of the army was vested in seven persons, of wliom that general was one. Tlie parliament voted, that they would have no more general oiBceis. And they de- clared it high-treason to levy any money without con- sent of parliament. PARLI.\SIENT EXPELLED. Ocloler 13. But these votes were feeble weapons in opposition io the swords of the soldiery. Lambert drew some troops togetlier, in order to decide the controversy. OUey, who w.as leading his regiment to the assistance of tne parliament, was deserted by them. Morley and iloss brought their regiments into Palace-yard, reso- lute to oppose the violence of Lambert. But that art- ful general knew an easy way of disappointing them. lie placed his soldiers in the streets which led to Westminster-hall. AVhen the speaker came in his coach, he ordered the horses to be turned, and very civilly conducted him home. The other members were in like manner intercepted. And the two regi- ments in Palace-yard, observing that they were ex- posed to derision, peaceably retired to their quarters. A little before this bold enterprise, a solemn fast had been kept by the army ; and it is remarked, that this ceremony was the usual prelude to every signal vio- lence which they committed. COMMITTEE OF SAFETY. October 2C. The officers found themselves again invested with supreme authority, of which they intended for ever to retain the substance, however they might bestow on others the empty shadow or appearance. They elected a committee of twenty-three persons, of whom seven were officers. These they pretended to invest with sovereign authority ; and they called them a committee of safely. They spoke everywhere of sum- moning a parliament chosen by the people ; but they really took some steps towards assembbng a military pai-liament composed of officers, elected fi-om every regiment in the service. Throughout the three king- doms there prevailed nothing but the melancholy fears, to the nobility and gentry, of a bloody massacre and extermination ; to the rest of the people, of per- petual servitude, beneath those sanctified robbers, whose union and whose divisions would be equally de- structive, and who, under pretence of superior illumi- nations, would soon extirpate, if possible, all private morality, as they had already done all public law and justice from the British dominions. FOREIGN AFFAIRS. During the time that England continued in this dis- ti-acted condition, the other kingdoms of Europe were hastening towards a composure of those differences by which they had so long been agitated. The parlia- ment, wliilo it preserved authority, instead of follow- ing the imprudent politics of Cromwell, and lending assistance to the conquering Swede, embraced the maxims of the Dutch commonwealth, and resolved, in conjuuetion with that state, to mediate by force an accommodation between the northern crowns. Mon- tague was sent with a squadron to the B.altic, and carried witli him as amb.issador Algernon Sidney, the celebrated republican. Sidney found the Swedish monarch employed in the siege of Copeuluagen, the capital of his enemy ; and wiis highly pleased, that, >vith a Roman arrogance, he could clieck the piogress uf royal victories, and display in so signal a manner the superiority of freedom above tyranny. With the highest indignation, the ambitious prince was obliged to submit to the imperious mediation of the two com- monwealths. "It is cruel," said he, "that laws should be jirescribed me by parricides and ))edlurs." But his whole army was enclosed in an island, and might be starved by the combined squadrons of Kng. land and Holland. lie was obliged, therefore, to quit his prey, when he had so nearly gotten possession of it; and having agreed to a pacification willi Denmark, he retired into his own country, where he soon after died. The wars between France and Spain were also con- eluded by the treaty of the Pyrenees. These animo- sities had long been carried on between the rival states, even while governed by a sister and brother, who cordially loved and esteemed each other. But poli- tics, which had so long prevailed over these friendly affections, now at last yielded to their influence ; and never was the triumph more full and complete. The Spanisli Low Countries, if not every part of that mo- narchy, lay almost entirely at the mercy of its enemy. Broken armies, disordered fin.inces, slow and irresolute counsels; by these resources alone were the dispersed provinces of Spain defended against the vigorous power of France. But the queen-regent, anxious for the fate of her brother, employed her authority with the cardi- nal to stop the progress of the French conquests, and put an end to a quarrel which, being commenced by ambition, and attended with victory, was at last con- cluded with moderation. The young monarch of France, though aspiring and warlike in his character, was at this time entirely occupied in the pleasures of love and g.illantry, and had passively resigned the reins of empire into the hands of his politic minister. And he remained .in imconcerned spectator; while an opportunity for conquest was parted with, -which he never was able, during the whole course of his active reign, fully to retrieve. Tlie ministers of the two crowns. Mazarine and don Louis de Haro, met at the foot of the Pyrenees, in the Isle of Pheasants, a place \vhieh wassnpjiosed to belong to neither kingdom. The negociation being brought to an issue by frequent conferences between the mi- nisters, the monarchs themselves agreed to a congress : and these two s}dendid courts appeared in their full lustre amidst those s.iv.age mountains. Philip brought his daughter, Mary Therese, along with him ; and giv- ing her in marriage to his nephew, Louis, endeavoured to cement by this new tie the incompatible interests of the two monarchies. The French king made a solemn renunciation of every succession, which might accrue to him in right of his consort : a vain for- nnrlity, too weak to restrain the xnigoverned ambition of princes. The affairs of England wei-e in so great disordei', that it was not possible to comprehend that kingdom in the treaty, or adjust measures with a power which w.as in such incessant fluctuation. The king, reduced to despair by the failure of all enterprises for his resto- ration, was resolved to try the weak resource of foreign succours ; .and he went to the Pyrenees at the time when the two ministers were in the midst of their negociations Don Louis received him with that generous civility pe- culiar to his nation ; and expressed great inclination, had the low condition of Spain allowed him, to give assist- ance to the distressed monarch. The c.v.itious Alaza- rine, pleading the allkince of France with the English commonwealth, refused even to see him; .and though the kiuf offered to m.arry the cardinal's niece, he could, for the present, obtain nothing but empty professions of respect, and protestations of services. The condi- tion of thiit monarch, to all the world, seemed totally desperate. His friends had been baffled in every attcnq)t for his service : the scaffold had often streamed with lliu blood of the more .active royalists : the spirits ofm.any were broken with tedious imprisonments: the estates of all were burdened by the fines and confisca- tions which had been levied upon them : no one durst openly avow himself of that party; and so small did their numlier seem to a supeificial view, that, even Chap. LXII.] THE COMMONWEALTH, 1649-1060 7.17 I bUouM llie nation recover its liberty, v.liicli was deemed nowise i)robable, it was judged uncertain what form of povernment it would embrace. But amidst all these gloomy prospects, fortune, by a surprising revolution, was now paving the way for the king to mount, in peace and triumph, the throne of his ancestors. It was by the prudence and loyalty of general Mouk, that this happy change was at last accomplished. GENERAL JIONK. George Monk, to whom the fate wa? reserved of re-establishing monarchy, and finishing the bloody dissensions of three kingdoms, was the second son of a family in Devonshire, ancient and honourable, but lately, from too great hospitality and expense, some- what fallen to decay. lie betook himself, in early youth, to the profession of arms; and was engaged in the unfortunate expeditions to Cadiz and the isle of Rhe. After England had concluded peace with all her neighbours, he sought niilit.iry experience in the Low Countries, the great school of war to all the European nations; and he rose to the command of a company under lord Goring. This company consisted of two hundred men, of whom a hundred were volunteers, often men of fnnily and fortune, sometimes nobleuicii who lived upon their own income in a splendid man- ner. Such a military turu at that time prevailed among the English. When the sound of war was first heard in this island, JTonk returned to England, p.irtly desirous of promo- lion in his native country, partly disgusted with some ill usage from the States, of which he found reason to complain. Upon the Scottish pacification, he was em- ployed by the earl of Leicester against the Irish rebels; and having obtained a regiment, was soon taken notice of, for his military skill, and for his calm and deliberate valour. Without ostentation, expense, or caresses, merely his humane and equal temper, he g.-iined the ' pood-will of the soldiery; who, with a mi.xture of familiarity and affection, usually called him /tones' George Monk; an honourable appellation, which they Etill continued to him, even during his greatest eleva- tion. He w.as reni.arkablo for his moderation in party ; and while all around him were inflamed into rage against the opposite faction, he fell under suspicion from the candour and tranquillity of his behaviour. I AVhen the Irish army was called over into England, snrmises of this kind had been so far credited, that he had even been suspended from his command, and or- dered to Oxford, that he might answer tlie charge laid against him. His established character for truth and sincerity here stood him in great stead; and upon his e.arnest protestations and declarations, he was soon restored to his regiment, which he joined at the siege of Nantwieli. The day after his arrival, Fairfax attacked and defeated the royalists, commanded by riiron ; and took colonel Jlonlv prisoner. lie nas sent to the Tower, where he endured, about two years, all the rigours of poverty an 1 confinement. The king, however, was so mindful as to send him, notwithstand- ing his own diffic\d ties, a present of 100 guineas; but it was not till after the royalists were totally subdued, that he recovered his liberty. Monk, however dis- tressed, had alw,ay9 refused the most inviting offers from the parliament : but Cromwell, sensible of his merit, having solicited him to engage in the w.ars against the Irish, who were considered as rebels both by king and p.arli.ament, ho was not unwilling to repaii liis broken fortunes by accepting a command which, he flattered himself, was reconcilable to the strictest principles of honour. Having once engaged with the parliament, he was obliged to obey orders ; and found himself necessitated to tight, both against the marquis of Ormond in Ireland, and against the king himself iu Scotland. Upon the reduction of the latter kingdom, Moitk was left with the supremo command ; and by tlic equality and justice of bis administration, he whs able to give contentment to that restless people, now reduced to subjection by a nation whom they hated. No less acceptable was his authority to the officers and soldiers; and foreseeing, that the good-will of the army under his command might some time be of great service to him, he had, with much care and succes,s, cultivated their friendship. MONK DECLARES FOR THE PARLIAMENT. riie connexions which he had formed with Cromwell, Mis benefactor, preserved him faithful to Richard, who had been enjoined by his father to follow in everything the directions of genernl Monk. When the long par- liament was restored. Monk, who was not prepared for opposition, acknowledged their authority, and was con- tinued in his command, from which it would not h.ave been sale to attempt dislodging him. After the army h.id expelled the parliament, he protested against the violence, and resolved, as he pretended, to vindicate their invaded privileges Deeper designs, cither in the king's favour or his own, were, from the beginning, suspected to be the motives of his actions. A rivalship luad long subsisted between him and Lambert; and everybody saw the reason why he op- posed the elevation of that ambitious general, by whose success his own authority, he knew, would soon be sub- verted. But little frieudship had ever subsisted be- tween him and the parliamentary leaders ; and it seemed nowise probable, that he intended to employ his industry, and spend his blood, for the advancement of one enemy above another. How early he enter- tained designs for the king's restoration, we know not wilh certainty : it is likely, that as soon as Richard was deposed, he foresaw, tliat without sucli an expedient, it would be impossible ever to bring the nation to a regular settlement. His elder and younger brothers were devoted to the royal cause : tlie Granvilles, his near relations, and all the rest of his kindred, were in the same interests: he himself was intoxicated with no fumes of enthusiasm, and had maintained no con- nexions with any of the fanatical tribe. His early en- gagements had been with the king, and he had left' that •service without receiving any disgust from the royal ■family. Since he had enlisted himself with the oppo- site party, he had been guilty of no violence or rigour vhicli might render him obnoxious. His return, there- fore, to loyalty, was easy and open ; and nothing could be supposed to counterbalance his natun^l propensity to that measure, except the views of his own elevation, and the prospect of usurping the same grandeur and authority which had been assumed by Cromwell. But from such exorbitant, if not impossible projects, the natural tranquillity and moderation of his tenqiir, the calmness and solidity of his genius, not to mention his age. now upon the decline, seem to have set him at a distance. Ci-omwe!l himself, he always .tsserted, could not long have maintained his usurpation; and anv other person even equal to him in genius, it was obvi'- oiis, would now find it more difiicult to practise arts of which every one, from experience, was sufficiently aware. It is more agreeable, therefore, to reason as well as candour, to suppose that Jlonk, as soon as he put himself in motion, had entertained views of effect- ing the king's restoration; nor ought any objections, deiived from his profound silence even to Charles him- self, to be regarded .as considerable. His temper w.as naturally reserved ; his circumstances required dissi- nnilation; the king, ho knew, w.as surrounded wilh sjiies and traitors; and upon the whole, it seems hard to interpret that conduct, which ought to exalt our idea of iiis prudence, as a disparagement of his probity. Sir .lohn Granville, hoping that the general •"vould engage in the king's service, sent into Scotland his younger brother, a clergyman. Dr. Jlonk, who carried him a letter and invitation from the king. When tlic doctor arrived, ho found that his brother was thfiu 748 THi: HISTORY OF ENGLAND. [CiiAP. j.xri. lioMiiig a covincil of ofticers, and was not to bo seen for some hours. In the ine;m tnno, he was ret-eived and entertained by Price, tiie general's ehaplaiu, a man of prohitv, as well as a partisan of tlie icing's. The doc- tor liavinn; an entire confidence in the chaplain, talked very freely to him .about the object of his journey, and engaged him, if there should bo occasion, to second his applications. At last, the general arrives; the brothers embrace ; and after some preliminary conver- sation, the doctor open his business, Jlonk inter- rupted him, to know whether ho had ever before to anybody mentioned the subject. " To nobody," replied his brotlier, " but to Price, whom I know to be entirely in your confidence." The general, altering bis countenance, turned the discourse ; and would enter into no further confidence with him, but sent him away with the first opportunity. He would not trust his own brother the moment he knew that he had dis- closed the secret ; though to a man whom he himself could have trusted. His conduct in all other particulars was full of the same reserve and prudence : and no less was requisite for effecting the difficult work which he bad nuder- taken. All the oflicers in his army, of wliom he en- tertained any suspicion, be immediately cashiered: Cobbet, who had been sent by the committee of safety, under pretence of communicating their resolutions to Slonk, but really witli a view of debauching his army, he committed to custody : be drew together the seve- ral scattered legiments : he summoned .an assenibly, somewhat reseuiljling a convention of states; and hav- ing communicated to thom bis resolution of m.irching into England, ho received a seasonable thouglt no great supply of money. Hearing that Lambert was advancing northw.ard with his army, Monk sent Clobery and two other com- missioners to London, with large professions of his in- clination to peace, and with offers of terms for an accommodation. Ills chief aim was to gain time, and relax the prep.arations of his enemies. Tlie commit- tee of safety fell into the snare. A. treaty was signed by Monk's conimissiouers ; but he refused to r.atify it, and complained that they liad exceeded their powers. He desired, however, to enter into a new negociation at Newcastle. The committee willingly accepted this fallacious offer. Meanwhile these milit.ary sovereigns found themselves surrounded on all hands witli inextricable difficulties. The nation had fallen info total anarchy ; and by re- fusing the payment of all taxes, reduced the army to the greatest necessities. While Lambert's forces were assembling at Newcastle, Ilazelrig and Morley took possession of Portsmouth, and declared for the parlia- ment. A party, sent to suppress them, was persuaded by their commander to join in the same declaration. The city apprentices rose in a tumult, and demanded a free parliament. Tliougli they were suppressed by colonel Ilcwson, a man who from the profession of a cobbler bad risen to a liigb rank in the army, the city still discovered symptoms of the most dangerous dis- content. It even established a kind of separate govern- ment, and assumed the supreme authority within itself. Admiral Lawson with his squadron came into the river, and declared for the parliament. Ilazelrig and Mor- ley, hearing of this import.int event, left Portsmouth, ami .advanced towards London. The regiments near that city being solicited by their old officers, who h.ad been cashiered by the committee of safety, revolted again to the parliament. Desborow's regiment, being sent by Lambert to support his friends, no sooner arrived at St. Albans, than it declared for tlie same assembly. Fleetwood's hand w.as found too weak and nnstable to support this ill-founded fabric, which everywhere around him was fallen into ruins. AVlien ho received intelligence of any murmurs imiong the soldlci's, he 770uld prostrate himself in pr.ayer, and could hardly be piijvailod with to join the troops. Kven when amoi'? them, bo v.ould, in the midst of any discotirse, invito them all to prayer, and put himsehon his knees before tliem. If any of his friends exhorted him to more vigour, they could get no other answer, tlian that God had spitten in bis face, and would not; hear him. Men now ceased to wonder why Lambert had promoted him to the office of general, and had contented himself with the second command in the army. PARLIAMENT RESTORED. December 20. Lenthal, the speaker, being invited by the officers, again assumed authority, and summoned together the parliament, which twice before had been ex]ielled with so nnich reproach and ignominy. As soon as assem- bled, they repealed their act .against the payment of excise and customs; they appointed commissioners for .assigning quarters to the army; and, without taking any notice of Liimbert. they sent ordei-s to the forces under his command immediately to repair to those quarters which were appointed them. IG60. Lambert was now in a very disconsolate condi- tion. Jlonk, he saw, had passed the Tweed at Cold- stream, (1st January,) and was advancing upon him. His own soldiers deserted him in great multitudes, and joined the enemy. Lord Fairfax too, lie heard, had raised forces behind him, and had possessed himself of York, without declaring his purpose. The last orders of the pailiament so entirely stiipjied him of his army, that there remained not with him above a hundred horse; iill the rest went to their quarters with quiet- ness and resignation ; and he himself was, some time after, arrested and connnitted to the Tower. The other officers, who had formerly been cashiered by the parliament, and who h.ad resumed their conmumds, that they might subdue that assembly, were again cashiered and confined to their houses. Sir Harry A'ano and some members, who had concurred with the com- mittee of safety, were ordered into a like confinement. And tlie p.arliament now seemed to be again possessed of more absolute authority than ever, .and to be with- out any danger of opposition or control. The reiiublican jiarty w.as at this time guided by f"o men, Hazlerig and Vane, who were of opposite cha- ractei's,and mortally hated each other. Ilazelrig, who possessed greater anthority in the parliament, was haughty, imperious, precipitate, vain-glorious ; with- out civility or prudeuce; qu.alified only by his noisy, pertinacioiis obstinacy to acciuire an ascendency in pub- lic assemblies. Vane was noted, in all civil transac- tions, for temper, insinuation, address, and a profound judgment; in all religious speculations, for folly and extravagance. He was a perfect enthusiast; and fancying thiit he was certainly favom-ed with inspira- tion, he deemed himself, to speak in the langu.age of the times, to be .a itian above ordinances^ and, by rea- son of his perfection, to bo imlimitejl and unrestrained by any rules which govern inferior mortals. These whimsies, mingling with pride, bad so corrupted his excellent understanding, that sometimes he thought himself the person deputed to reign on earth for a thousand years over the whole congregation of the faithful. Monk, though informed of the restoration of the parliament, from whom he received no orders, still ad- vanced with his army, which was near (iOOO men : the scattered forces in England were above fi\e times more numerous. Fairfax, mIio had resolved to declare for the king, not being able to nuike the general open his infentions, retired to his own house in Yorkshire. In all counties through which Jlonk passed, the prime gentry flocked to him with addresses ; expressing their earnest desire, th.at he would be instrumental in restor" ing the n.ation to peace and tranquillity, and to the en- joyment of those liberties, which by law were their birth-right, but of which, dni-ing so mariy years, they had been fatally bereaved : and that, in order to thLs salutary purpose, he would prevail, either for tlie ft*. Chap. LXIL] THE COMMONWEALTH, KUS)— IGOO. 74!^ storliK' of those members «lio had been secluded be- fore the king's death, or for the election of a new par- liament, wl'" might legally, and by general consent, ai^ain govern the nation. Though Slonlc pretended not to favour these addresses, that ray of hope, which the kno'.vledi'e of his character and situation afforded, mightily animated all men. The tyranny and the an- arcliv, which now equally oppressed the kingdom ; the exi)erience of past distractions, the dread of future convulsions, the indignation against military usurpa- tion, against sanctified hypocrisy : all these motives had united every party, e.\ccpt the most desperate, into ardent wishes for the Icing's restoration, the only remedy for all these fatal evils. Scot and llobinson were sent as deiiuties by the par- liament, under pretence of congratulating the general, but in reality to serve as s])ics upon him. The city dis- patched four of their principal citizens to perform like compliments; and at the same time to confirm the general in his inclination to a free parliament, the ob- ject of all men's prayers and endeavouis. The au- thority of Monk could scarcely secure the parliamen- tary deputies from those insults, which the general hatred and contempt towards their masters drew from men of every rank and denomination, MONK ENTEKS LONDON. Fcbrttanj i. Monk continued his march with few interruptions till he reached St. Albans. He there sent a message to the parliament, desiring theui to remove from Lon- don those regiments, which, though they now pro- fessed to return to their duty, had so lately oft'ered vio- lence to that assembly. This message wiis unexpected, and exceedingly perplexed the house. Their fate, they found, must stil! depend on a mercenary army; and they v.cre as distant as ever from their imagi- nary sovereignty. However, they found it necessary to comply. The soldiers made more diflieulty. A mutiny arose among them. One regiment, in particular, quar- tered ill Somerset-house, expressly refused to yield their place to tlie northern army. But those officers who would gladly, on such an occasion, have inflamed the quarrel, were absent or in confinement ; and for want of leaarlia- nient, njion their assembling, renewed the ordinances for impositions, yet so little roveience did the ]ieoplo pay to those legislators, that they gave very slow and unwilling obedience to their commands. The common- council of Loudon flatly refused to submit to an assess- ment re(|uiied of them ; and declared that, till a free and lawful i)arliament imposed taxes, they never should deem it their duty to make any payment. This resolu- tion, if yielded to, would immediately have put an Lni to the dominion of the parliament : tlrey were deter mined, therefore, ujion this occasion, to make at once a full experiment of their own powei-, and of their ge- neral's obedience. Monk received orders (9th February) to march into the city; to seize twelve persons, the most obnoxious to the parliament ; to remove the posts and chains from all the streets; and to take down and break the port- cullises and gates of the city : and very few hours were allowed him to deliberate upon the execution of these violent orders. To the great surprise and consternation of all men. Monk prepared himself for obedience. Neg- lecting the entreaties of his friends, the reiuonstranees of his ollicers, the cries of the people, he entered the city in a military manner; he apprelieiukd as many as he could of the proscribed persons, wliom he sent to the Tower ; with all the circumstances of contempt he broke the gates and portcullises ; and having ex- posed the city to the scorn and derision of all who bated it, he- returned in triumph to his quarteis in Westmiuster. DECLARES FOR A FREE PARLIAMENT. No sooner had tlie general leisure to reflect, than he found, that this last measure, instead of being a con- tinuation of that cautious ambiguity, which he had hitherto maintained, was taking party without reserve, and laying himself, as well as tlie nation, at the mercy of that tyrannical parliament, ivliose power had long been odious, as their jiersons contemptible, to all men. He resolved, therefore, before it were too late, to re- pair the dangerous mistake into which he had been betrayed, and to show the whole world, still more without reserve, that he meant no longer to be the mi- nister of violence and usurpation. After complaining of the odious service in which he had been employed, he wrote a letter to the house, (11th February,) re- proaching them, as well with the new cabals which they had formed with Vane and Lambert, as with the encouragement given to a fanatical petition presented by Praise-God Barehone ; and he required them, in the name of the citizens, soldiers, and whole common wealth, to issue writs, wiihin a week, for the filliu"- of their house, and to fix the time for their own dissoiu- lion and the assembUug of a new parliament. Havino- dispatched this letter, which might be regarded, ho thought, as an undoubted pledge of his sincerity, he marched with his army into the city, and desired Allen, the mayor, to summon a coniuioii-couneil at Guildhall. He there ni.ide many apologies for ihe indignity which, two days before, he had been obliged to put upon them; assured them of his perseverance in tliemoiv sures which he had adopted ; and desiii d that tlnw might mutu.illy pli-j'it their faith for a strict union be- 760 THE HISTORY OF ENGLAND. [Chap. LXII tween city and army, in every enterprise for the luippi- ncss ami settlement of tlie commonwealth. It would be diflioult to describe tlie joy and exulta- tion which displayed itself tlirougliout the city, as soon as intelligence was conveyed of this happy mea- sure, embraced by tlie general. The prospect of peace, concord, liberty, justice, broke forth at once, from amidst the deep darkuess in whicli tlie nation liad ever been involved. The view of jiast calamities no longer liresented dismal prognostics of the future : it tended only to enhance the general exultation for those scenes of happiness and traucpiillity, which all men now con- fidently promised themselves. The royalists, tlie pres- byterians, forgetting all animosities, mingled in com- mon joy and transport, and vowed never more to gratity the a.nbition of false and factious tyrants, by tlieir calamitous divisions. The populace, mo... out- rageous in tlieir festivity, made the air resound witli acclamations, and illuminated every street with .signals of jollity and triumph. Applauses of the general were everywhere intermingled with detestation against the parliament. The most ridiculous inventions were adopted, in order to express this latter passion. At every bonfire rumps were roasted, and where these could no longer be found, pieces of flesh were cut into that shape ; and tlie funeral of the parliament (tlie po- pulace exclaimed) was celebrated by these symbols of hatred and derision. The parliament, though in th« agonies of despair, made still one eflort for tlie recovery of tlieir dominion. They sent a committee with offers to gain the general. He refused to hear them, except in the presence of some of the secluded members. Though several per- sons, desperate from guilt and fanaticism, promised to invest him with the dignity of supreme magistrate, and to support his government, he would not hearken to such wild proposals. Having fixed a close corre- spondence with tlie city, and established its militia in hands whose fidelity could be relied on, he returned with his army to Westminster, and pursued evei-y projier measure for the settlement of tlie nation. AVliile he stiU pretended to maintain republican prin- ciples, he was taking large steps towards the re-estab- lishment of the ancient monarchy. SECLUDED 51EMBERS RESTORED. Febfuary 21. The secluded members, upon the general's invitation, went to the house, and finding no longer any obstruc- tion, they entered, and immediately appeared to be the majority : most of the independents left the place. The restored members first repealed all the ordinances by which they had been excluded : they gave sir George Boothe and his party their liberty and estates : they renewed the general's commission, and enlarged liis powers; they fixed an assessment for the support of the fleet and army ; and having passed these votes for the present composure of the kingdom, they dissolved themselves, (IGth March,) and issued writs for the im- mediate assembling of a new parliament . This last measure had Ijeen previously concerted wit!; the gene- ral, who knew that all men, liowever different in affec- tions, expectations, and designs, united in the detes- tation of the long parliament. A council of state was established, consisting of men of character and moderation; most of whom, during the civil wars, had made a great figure among the Presbyterians. The militia of the kingdom was put into sucli hands as would promote order and settle- ment. These, conjoined witli Monk's army, which lay united at London, were esteemed a sufficient check on the more numerous, thoiigh dispersed army, of wliose inclinations there was still much reason to be difiident. Monk, however, was every day removing the more obnoxious oflicers, and bringing the troops to a state of discipline and obedience. Overton, governor of Ihill, had declared his resolu- tion to keep possession of that fortress till the coming of king Jesus : but when Alurcd produced the autho- rity of parliament for his delivering the place to colonel Fairfax, he thought proper to comply. Montague, who commanded the fleet in the Baltic, had entered into the conspiracy with sir George Boothe, and pretending want of provisions, had sailed froni the Sound towards the coast of England, with an intention of supporting that insurrection of the royahsts. On his arrival he received the news of Boothe's defeat, and the total failure of the enterprise. The great difficul- ties, to which the parliament was then reduced, al- lowed them no leisui'e to examine strictly the reasons which he gave for quitting his station: and they al- lowed him to retire peaceably to his country-house. The council of state now conferred on him, in conjunc- tion witli Monk, the command of the fleet ; and se- cured the naval, as well as miUtary force^ in hands fa- \ ourable to the public settlement. Notwithstanding all these steps which were taking towards the re-establishment of monarchy, Monk still maintained the appearance of zeal fora commonwealth, and hitherto allowed no canal of correspondence be- tween liimself and the king to be opened. To call a free parliament, and to restore the royal family, were visibly, in the present disposition of the kingdom, one and the same measure : yet would not the general declare, otherwise than by his actions, that he had adopted the king's interests ; and nothing but necessity extorted at last the confession from him. His silence, in the commencement of his enterprise, ought to be no objection to his sincerity ; since he maintained tho same reserve, at a time, wlien, consistent with com- mon sense, he could have entertained no other purpose. [See ?wle 6 T, at the end of this Vol.] There was one Morrice, agentlemauof Devonshire, of a sedentary, studious disposition, nearly related to Monk, and one who had always maintained the strictest iutimacy with him. With this friend alone did Monk deliberate concerning that great enterprise which he had projected. Sir John Granville, who had a commis- sion from the king, applied to ilori ice for access to the general ; but received for answer, that the general de- sired him to communicate his business to Morrice. Granville, though importunately urged, twice refused to deliver his message to any but Jlonk himself; and this cautious politician, finding him now a person whose secrecy could be safely trusted, admitted him to his jiresencc, and opened to liim his whole intentions. Still he scrupled to commit anything to writing : he delivered only a verbal message by Granville ; assuring the king of his services, giving advice for his conduct, and exhorting him instantly to leave the Spanish terri- tories, and retire into Holland. He was apprehensive lest Spain might detain him as a pledge for the recovery of Dunkirlv and Jamaica. Charles followed these di- rections, and very narrowly escaped to Breda. Had he protracted his journey a few horn's, he had certainly, under pretence of lionour and respect, been arrested by the Spaniards. Lockhart, who was governor of Dunkirk, and nowise averse to tlie king's service, was applied to on this occa- sion. The state of England was set before him, the certainty of the Restoration represented, and the Jjios- pect of great favour displayed, if lie would anticipate tlie vows of the kingdom, and receive the king into his fortress. Lockhart still replied, that his commission was derived from an Englisli parliament, and he would not open his gates but in obedience to the same autho- rity. This scruple, though in the present emergence it a)iproaches towards superstition, it is difficult for us entirely to condemn. The elections for the new parliament went every- wliere in favour of tlie king's party. Tliis was one of those popular torrents, wliere the most indifterent, or even the most averse, are ti'ansported with the general passion, and zealously adopt the sentiments of tho com- munity to whicli they belong. The enthusiasts them- Chap.LXII.] THE COMMONWEALTH, 1649— IfidO. 751 Eolvcs seemed to be disarmed of their fury; and between despair and astonishment gave way to those measures, whicli, they foimd, it ivoukl bo impossible lor them, by their utmost i-ftbrts, to withstand. The presbyteriaus and the royalists, Ijeing united, formed tlio voice of tlie nation, which, without noise, but witli infinite ardour, tailed for the king's restoration. The kingdom was almost entirely in the hands of the former party ; and some zealous leaders among them began to renew the demand of those conditions, which had been required of the late king in the treaty of Newport : but the ge- neral opinion seemed to condemn all those rigorous and jealous capitulations with their sovereign. Harassed with convulsions and disorders, men ardently longed for repose, and were terrified at the mention of nego- ciations or delays, which might aBord opportunity to the seditious army still to breed new confusion. The passion too for liberty, having been carried to such violent extremes, and having produced such bloody commotions, began, by a natural movement, to give place to a spirit of loyalty and obedience ; and the public was less zealous in a cause which was become odious on account of the calamities which had so long attended it. After the legal concessions made by the late king, the constitution seemed to be sufficiently secured ; and the additional conditions insisted on, as they had been framed during the gieatest ardour of the contest, amounted rather to annihilation than a limita- tion of monarchy. Above all, the general was averse to the mention of conditions ; and resolved that the crown, which he intended to restore, should be con- ferred on the king entirely free and unencumbered. Without further scrapie, therefore, or jealousy, the people gave their voice in elections for such as they knew to entertain sentiments favourable to monarchy ; and all paid court to a party which, they foresaw, was soon to govern the natiou. Though the parliament had voted, that no one should be elected, who had him- self, or whose father had borne arms for the late king ; little regard was anywhere paid to this ordinance. The leaders of the presbyterians, the earl of Manchester, lord Fairfax, lord Robarts, HoUis, sir Anthony Ashley Cooper, Annesley, Lewis, were determined to atone for l)ast transgressions by their present zeal for the royal interests ; and from former merits, successes, and suf- ferings, they had acquired with their party the highest credit and authority. The affairs of Ireland were in a condition no less favourable to the king. As soon as Monk declared against the English army, he dispatched emissaries into Ireland, and engaged the officers iu that kingdom to concur with him in the same measures. Lord Hroghill, president of Munster, and sir Cliailcs Coote, president of Connauglit, went so far as to enter into a corre- spondence with the king, and to promise their assistance for his restoration. In conjunction with sir Thcophihis Jones, and other officers, they took possession of the government, and excluded Ludlow, who was zealous for the rump-parliament, but whom they pretended to be in a confederacy with the committee of safety. They kept themselves in readiness to serve the king; but made no declarations, till they should see the turn which affairs tooJi in England. But all these promising views had almost been blasted by an untoward .lecidont. Upon the admission of the secluded members, the republican party, parti- cularly the late king's judges, were seized with the justest despair, and endeavoured to infuse the same sentiments into the army. By themselves or their emissaries, they represented to the soldiers, that all those brave actions, which had been performed during the war, and which were so meritorious in the eyes of the parliament, would no doubt be regarded as the deepest crimes by the royalists, and would expose the army to the severest venge.mce. That in vain did that jiarty make professions of moderation and lenity : the king's death, the execution of so many of the nobility and gentry, the sequestration and imprisonment of the rest, wore in their eyes crimes so deep, and oflences so personal, as must be prosecuted with the most impla- cable resentment. That the loss of all arrears, and the cashiering of every officer and soldier, were the lightest punishment which must be e.xpected : after the disper- sion of the array, no further protection remained to them, either for life or property, but the clemency of enraged victors. And that, even if the most perfect security could be obtained, it were inglorious to be re- duced, by treachery and deceit, to subjection under a foe, who, in the open field, had so often yielded to their superior valour. After these suggestions had been infused into the army, Lambert suddenly made his escape from the Tower, and threw Monk and the council of state into great consternation. They knew Lambert's vigour and activity ; they were acquainted with his popularity in the army; they were sensible, that, though the soldiers had lately deserted him, they sufficiently expressed their remorse and their detestation of those, who, liy false professions, they found, had so egregiously de- ceived tliem. It seemed necessary, therefore, to employ the greatest celerity in suppressing so dangerous a foe: colonel Ingoldsby, who had been one of the late king's judges, but who was now eutirely engaged iu the royal cause, was dispatched after him. He overtook him at Davenlry, while he had yet assembled but four troops of horse. Oneof them deserted him. Anotherquickly followed the example. He himself, endeavouring to make his escape, was seized by Ingoldsby, to whom he made submissions not suitable to his former character of spirit and valour. Okey, Axtel, Cobbet, Crede, and other officers of that party, were taken prisoners with him. All the roads were full of soldiers hastening to join them. In a few days, they had been formidable. And it was thought, that it might prove dangerous for Monk himself to have assembled any considerable body of his republican army for their suppression : so that nothing could be more happy than the sudden extinc- tion of this rising flame. THE RESTORATION. When the parliament met, (25th May,) they chose sir Harbottle Grimstone speaker, a man, who, though he had for some time concurred with the late parliament, had long been esteemed affectionate to the Icing's ser- vice. The great dangers incurred during fomier usur- pations, joined to the extreme caution of the general, kept every one in awe ; and none dared, for some days, to make any mention of the king. The members ex- erted their spirit chiefly in bitter invectives against the memory of Cromwell, and in execrations against the inhuman murder of their late sovereign. At last, the general, having sufficiently sounded their inclinations, gave directions to Ailnosley, president of the council, to inform them, that one sir John Granville, a servant of the king's, had been sent over by his majesty, and was now at the door with a letter to the commons. The loudest acclamations were e.xcited by this intelli- gence. Granville was called in : the letter, accom- panied with a declaration, greedily read : without one moment's delay, and without a contradictory vote, a committee was appointed to prepare an answer: and in order to spread the same satisfaction throughout the kingdom, it w.as voted that the letter and declaration should immediately be published. The people, freed from the state of suspense in which they had so long been held, now changed their anxious hope for the unmixed effusions of joy ; and displayed a social triumph and exultation, which no private pros- jierity, even the greatest, is ever able fully to inspire. Traditions remain of men, particularly of Oughtred, the mathematician, who died of pleasure, when informed of this happy and surprising event. The king's decla- ration was well calculated to uphold the satisfaction inspired by the prospect of public settlement. It offered a general amnesty to all persons whatfoever; 762 THE HISTORY OF ENGLAND. [Chap. LXII. and tluvt without any exception but such as should after- wards be made by parliament : it promised liberty of conscience; and a concurrence in any act of parlia- ment, Avliicli, npou mature deliberation, should be oflFered for insuring that indulgence : it submitted to tlie arbitration of tlie same assembly the inquiry into all grants, ))urchufes, and alienations : and it assured the soldiers of all their arrears, and promised them, for the future, the same pay which they then enjoyed. Tlie lords, perceiving the spirit by which tlie king- dom, as well as the commons, was animated, hastened to reinstate themselves in their ancient authority, and to take their share in the settlement of the nation. Tliev found the doors of their house open ; and all were admitted; even such as had formerly been excluded on account of their pretended delinquency. The two houses attended; while the king was pro- claimed (iitli May) with great solemnity, in Palace-yard, at Whitehall, and at Temple-bar. The commons voted 5U0 pounds to buy a jewel for Granville, who had brought them the king's gracious message : a present of 30,000 pounds was conferred on the king, 10,000 pounds on the duke of York, 5,000 pounds on the duke of Gloucester. A committee of lords and commons was dispatched to invite his majesty to return and take possession of the government. The rapidity with which all these events were conducted, was marvellous, and discovered the passionate zeal and entire unani- mity of the nation. Such an imi^atience ajipeared, and such an emulation, in lords, aud commons, and city, who should make the most lively expressions of their joy and duty, tliat, as the noble historian expresses it, a man could not but wonder where those people dwelt, who had done .'ill tlie mischief, and kept the king so many years from enjoying the comfort and supjiort of such excellent subjects. The king himself said, that it must surely have been his own fault that he had not sooner taken possession of the throne ; since he found everybody so zealous in promoting his happy restoration. The respect of foreign powers soon followed the sub- mission of the king's subjects. Spain invited him to return to the Low Countries, and embark in some of her maritime towns. France made jirotcstations of affection and regard, and offered Calais for the same purpose. The states-general sent deputies with a like friendly invitation. The king resolved to accept of this last offer. The people of the republic bore him a cordial affection ; and politics no longer restrained their magistrates from promoting and expressing that sentiment. As he passed from Breda to the Hague, he was attended by numerous crowds, and was received with the loudest aoelamalions ; as if themselves, not their rivals in power and commerce, were now festered to peace and security. The states-general in a body, and afterwards the states of Holland apart, performed their compliments witli the greatest solemnity : every person of distinction w.is ambitious of being introduced to his majesty ; all ambassadors and public ministers of kiugs, princes, or states, repaired to him, and pro- fessed the joy of their masters in his belialf : so that one would have thought, that from the united efforts of Christendom had been derived this revolution, which diffused everywhere such universal satisfaction. The English fleet came in sight of Scheveling. SFon- taguo had not waited for orders from the parliament; but had persuaded the officers of themselves, to tender their duty to his majesty. The duke of York immedi- ately went on hoai'd, and took the command of the fleet as high-admiral. When the king disembarked at Dover, he was met by the general, whom he cordially embraced. Never subject, in fact, probably in his intentions, had deserved better of his king and country. In the space of a few months, without effusion of blood, by his cautions and tlisinterested conduct alone, he had bestowed seltle- mcnt on three kingdoms, whicli had long been torn svifh the most violent convulsions : and having obsti- nately refused the most inviting conditions, offered him by the king as well as by every party in the kingdom, he freely restored his injured master to the vacant throne. The king entered London on the 29th of May, which was also his birth-day. Tlie fond imaginations of men interpreted as a happy omen the concurrence of two such joyful periods. At this era, it may be proper to stop a moment and take a general sur\ey of the age, so far as regards manners, finances, arms, commerce, arts and sciences. The chief use of history is, that it affords materials for disquisitions of this nature; aud it seems the duty of an historian to point out the proper inferences and conclusions. MANNERS AND ARTS. No people could undergo a change more sudden and entire in their manners, than did the English nation during this period. From tranquillity, concord, sub- mission, sobriety, they jiassed in an instant to a state of faction, fanaticism, rebellion, and almost frenzy. The violence of the English parties exceeded anythiii" which we can now imagine : had they continued but a little longer, there was just reason to dread all the hor- rors of the ancient massacres and proscriptions. The military usurpers, whose authority was founded on pal- pable injustice, and was supported by no national party, would have been impelled by rage and despair intc such sanguinary measures ; and if these furious cxpc- dients had been empluyed on one side, revenge would naturally have pushed the other party, after a return of power, to retaliate ujion their enemies. No social intercourse was maintained between the parties; no marriages or alliances contracted. The royalists, though oppressed, harassed, persecuted, disdained all affinity with their masters. The more they were reduced to subjection, the greater superiority did they affect above those usurpers, who by violence and injustice had acquired an ascendant over them. The manners of the two factions were as ojiposite as those of the most distant nations. " Your friends, the cavaliers," said a parliamentarian to a royalist, '•' are very dissolute and debauched." — " True," replied the royalist, " they have the infirmities of men : but your friends, the roundheads, have the vices of devils, tyranny, rebellion, and spiritual pride." Riot aud dis- order, it is certain, nolMithstanding the good example set them by Cliailes L, prevailed very much among his partisans. Ijeing commonly men of birth and fortune, to whom excesses are less pernicious tlian to the vulgar, they were too apt to indulge themselves in all plea- sures, particularly those of the table. Opposition to the rigid preciseness of their antagonists increased their inclination to good fellowship ; ainl the character of a man of pleasure was affected among them, as a sure pledge of attachment to the church aud monarchy. Even when ruined by confiscations and sequestrations, they endeavoured to maintain the appearance of a careless and social jollity. " As much as hoiJe is supe- rior to fear," said a poor and merry cavalier, " so much is our situation preferable to that of our enemies. We laugh while they tremble." 'J'lie gloomy enthusiasm which prevailed among the parliamentary party, is surely the most curious spec- tacle presented by any history ; and the most instruc- tive, as well as entertaining, to a philosophical mind. All recreations were in a manner suspended by tlie rigid severity of the presbyterians and indepeudents. Horse-races and cock-matches, were prohibited as the greatest enormities. Even bear-baiting was esteemed lieathenism and unchristian : the sport of it, not the inhumanity gave offence. Colonel liewson, from his pious zeal, marched witU his regiment into London, and destroyed all th(? bwvrs Chap. hXIL] THE COMMONWEALTH, 1649— 1C60. 753 which were there kept for the diversion of the citi- zens. This advcuture seems to have given birth to the fiction of Hudihras. Though the English nation bo naturally candid and sincere, hypocrisy prevailed among them beyond any example in ancient or mo- dern times. The religious hypocrisy, it may be re- marked, is of a peculiar nature ; and being generally Jmkiiown to the person himself, though more danger- ous, it employs les-s falsehood than any other species of insincerity. Tlic Old Testament, ]ircferably to the New, was the favourite of all the sectaries. Tlic east- ern poetical style of that composition made it more easily susceptible of a turn which wasagrecable to them. We have had occasion, in the course of this work, to speak of many of tlie sects which prevailed in Eng- land : to enumerate tliem all would be impossible. The quakei-s, however, are so considerable, at least so singular, as to merit some attention ; and as they re- nounced by principle the use of arms, they never made such a figure in ])ublic transactions as to enter into any part of our narrative. The religion of the quakers, lilce most others, began with the lowest vulgar, and in its progress, came at la.st to comprehend people of better (juality and fash- ion. George Fox, born ,'it Drayton, in Lancashire, in 1624, was the founder of this sect. Ho was the son of a weaver, and was himself bound apprentice to a shoe- maker. Feeling a stronger impulse towards spiritual contemplations than towards that mechanical profes- sion, ho left his master, and went about the country clothed in a leathern doublet, a dress which he long affected, as well for its singularity as its cheapness. That he might wean himself from subluuaiy objects, he broke oft' all connexions with his friends anil fa- mily, and never dwelt a moment in one place ; lest habit .vliould beget new connexions, and depress the sublimity of his aerial meditations. He frerpiently wandered into the woods, and jiassed whole days in hollow trees, without company, or any other amuse- ment Ihan his Kible. Having reached that pitch of perfection as to need no other book, he soon advanced to another state of spiritual progress, and beg.an to pay less regard even to that divine composition itself. llis own breast, he imagined, was full of the same in- spiration which had guided the prophets and apostles themselves ; and by tliis inward light nmst every spiri- tual obscurity be clcai'od, by this living spirit must the dead letter bo animated. When he had been sufHciently consecrated in his own imagination, he felt that the fumes of self-ap- plause soon dissipate, if not continually supplied by the admiration of others ; and he began to seek prose- lytes. Proselytes were easily gained, at a time when all men's affections were turned towards religion, and when the most extravagant modes of it were sure to be most popular. All the forms of ceremony, invented by pride and ostentation. Fox and his disciples, from a superior pride and ostentation, carefully rejected: even the ordinary rites of civility were shunned, as the nourishment of carnal vanity and self-conceit. They would bestow no titles of distinction : the name of friend was the only salutation with which tliey indis- criminately accosted everj- one. To no person would thoy make a bow, or move their hat, or give any signs of reverence. Instead of that affected adulation, in- troduced into modern tongues, of speaking to indivi- duals as if they were a multitude, they retuined to the simplicity of ancient languages ; and thou, and thee were the only expressions which, on any consider- ation, they could be brought to employ. Dress too, a material circumstance, distinguished the members of this sect. Every superfluity and ornament was carefully retrenched : no plaits to their coat, no buttons to their sleeves : no lace, no ruffles, no embroidery. Even a button to the hat, though scniotinies useful, yet not being always so, w;is univer- sally rejected by them with horror and detestation. The violent cnthusi.asni of tliis sect, hkc all hi-rh Vol. I. passions, being too strong for the weak nerves to sustain, threw the preachers into convulsions, and shakings, and distortions in their hmbs ; and they thence received the appellation of quakers. Amidst the great toleration which was then granted to all sects, and even encouragement given to all innova- tions, this sect alone suffered persecution. From the fervour of their zeal, the ijuakers broke into churches, disturbed public worshi]), and harassed the minister and audience with railing and reproaches. Wlion carried before a magistrate, they refused him all reve- rence, and treated liim with the same familiarity aa if he had been their equal. Sometimes they wore thrown into mad-houses, sometimes into prisons ; sometimes wliippcd, sometimes pilloried. The pa- tience and fortitude with which they suftercd begat compassion, admiration, esteem.' A supernatural sjiirit was beheved>-to support tliem under those suffer- ings which the ordinary state of humanity, freed from the illusions of passion, is unable to sustain. The quakers crept into the army : but as they preached universal peace, they seduced the military zealots from their profession, and would soon, had they been suffered, have put an end, without any defeat or calamity, to the dominion of the saints. These attempts became a fresh ground of persecution, and a new reason for their progress among the people Morals with this sect were carried, or affected to be carried, to the same degree of extravagance as religion. Give a quaker a blow on one cheek, he held up the other ; ask his cloak, he gave you liis coat also : the greatest interest could not engage him, in any court of judicature, to swear even to the truth : he never asked more for his wares than the precise sum which he was determined to accept. This last maxim is laudable, and continues still to be religiously observed by that sect. No fanatics ever carried further the hatred to cere- monies, forms, orders, rights, and positive institutions. Even baptism and the Lord's supper, by all other sects believed to be interwoven with the very vitals of Christianity, were disdainfully rejected by them. The very .sabbath they profaned. The holiness of churches they derided ; and they would give to these sacred edifices no other appellation than that of shops or steeple-houses. No priests were admitted in their sect : every one had received from immediate illumination a character much superior to the sacerdotal. When they met for divine worship, each rose up in his place, and delivered the extemporary inspuations of the Holy Ghost : women were also admitted to teach the brethren, and were consideied as proper vehicles to convey the dictates of the Si)irit. Sometimes a great many preachers were moved to speak at once: somc- tinies a total silence prevailed in their congregation.i. Some quakers attempted to fast forty days, in imita- tion of Christ ; and one of them bravely perished in the experiment. A female quaker came naked into the church where the protector sat ; being moved by the Spirit, as she said, to appear as a sign to the people. A number of them fancied, that the renovation of all things had commenced, and that clothes were to be re- jected, together with other superfluities. The suii'er- ings which followed the practice of this doctrine were a species of persecution not well calculated for pro- moting it. James Naylor was a quaker, noted for bl.asphemy, or r.athcr madness, in the time of the protectorship. He fancied tliat he lumself was transformed into Christ, and w.as become the real Saviour of the world ; and in consequence of this frenzy, he endeavoured to imitate many actions of the Messiah related in tho • The foUouiiiR story U told hy WliiiUickc, p. 5KI. Sumi: quikrrn at Hiwiiiij,-tim in NorUiumlxrrliuiil. mminK tn the ulini^tor on the salil^.ith Aw, and sjKakinf; to him, the people fcU upon the iiuakcrs and almost klllnl one or two of thf.n ; «ho, goinKoiit. Ml on Iheli kntci, and liraved God in pardnii tlic people, wht. knew not lehat th y «ljd ; and aftcnvarjs, spvnUinir t.t th« pe^'ple, w, onvinectl them of the e\*il they had done in heating them, ti'at i.**t country )>cople fell a quarrelLnc snd I'e.tl one another more than they li«J bcfujc hcaicn the quakcts. .1 D 75 J THE fllSTORY OF ENGLAND. [Chap. LXII. c\angclists. As lio bore a rcscmljlanco to the coiii- innii iiictmos of Christ, ho allowed his beard to grow ill liUe forin : lie raised a person from the dead :* he was ministered unto by women : he entered Bristol mounted on a horse ; 1 suppose, from the difficulty in that jjlace of finding an ass : his discijiles spread their garments before liini, and ci'ied, "ijosannah to the hii;hest ! holy, holy is the I.ord Cod of Salibaoth!" AVlien carried before the magistrate, he would give no other answer to all questions than, " Thou hast said it." AVhat is remarkable, the parliament thought that the matter deserved their attention. Near ten days they spent in inquiries and debates about hiin. They con- denmed him to be pilloried, whipped, burned in the face, and to have his tongue bored through with a red- hot iron. All these severities he bore w ith the usual patience. So far his delusions supported him. But the sequel spoiled all. lie was scut to Bridewell, con- fined to hard labour, fed on brerwl and water, and de- barred from all his disciples, male and female. His illusion dissipated, and after some time ho was con- tented to come out an ordinaiy man, and return to his usual occupations. The chief taxes in England, during the time of the commonwealth, were the monthly assessments, the ex- cise, and the customs. The assessments were levied on personal estates, as well as on land ; and commis- sioners wore appointed in each county for rating the individuals. Tlie highest assessment amounted to 120,000 pounds a month in I'ngland ; the lowest was 35,000. The assessments in Scotland were sometimes 10,000 pounds a month ; commonly GOOO. Those on Ireland 9000. At a medium, this tax might have afforded about a million a year. The excise, during the civil \yars, was levied on bread, tlesh-nieat, as well as beer, ale, strong-waters, and many other commodi- ties. After the king was subdued, bread and flesh- meat were exempted from excise. The customs on exportation were lowered in ICiO. In 1C30, commis- sioners were appointed to levy both customs and ex- cises. Cromwell in 1057 returned to the old practice of f;\rmiug. Eleven hundred thousand pounds were then offered, both for customs and excise, a greater sum than )iad ever been levied by the commissioners : the whole of the taxes during that period might at a medium amount to above two millions a year ; a sura which, though moderate, much exceeded the revenjie of any former king. f Sequestrations, compositions, sale of crown and church-lands, and of the lands of de- linquents, yielded also considerable sums, but veiy difficult to bo estimated. Church-lands are said to have been sold for a million. None of these woie ever valued at above ten or eleven years' purchase. The estates of delinquents amounted to above 200,000 pounds a year. Cromwell died more than two millions in debt ; though tlic parliament had left him in the treasury .above 500,000 pounds ; and in stores the v.alue of 700,000 pounds. The committee of danger, in April, IC48, voted to raise the army to 40,000 men. The same year, the pay of the army was estimated at 80,000 pounds a month. The establishment of the army in 1C52, was in Scotland 15,000 foot, 2580 horse, 500 dragoons; in England, 4700 foot, 2520 horse, ganisons, 0154. In all, 31,514, besides officers. The army in Scotland was afterwards considerably reduced. The army in Ire- land was not mucli short of 20,000 men ; so that, upon (he whole, the commonwcaltli maintained in 10.">2 a standing ai-niy of more than 50,000 men. Its pay amounted to a yearly sum of 1,047,715 jiounds. After- wards the protector reduced the establishment to 30,000 )nen,as ajipears liy tlie InstninK-nt of Go\'crn- ment and Humble Petition and Advice. Ills frequent • H.kr1mn MiscelUnv» vol. vi. p. -TiTl One Dorc-vs Rirhcrry m;«]e oarh Ivfnrc a mHpwtrAtt;, tlise sl.c IiHtJ liwn dead two loyed in transl.ating a treaty with Sweden into Latin. These forms of ex]iressiou are amusing to jiosterity, who consider how obscure Whitlocke himself, though lord-keeper and ambassador, and indeed a man of great .abilities and merit, has becoiiio in coiiiparisou of Milton. It is not strange that Milton received no encourage- ment after the Restoration : it is more to be admired that he escaped with his life. Shiny of the cavaliers blamed extremely that lenity towards him, which was ;io honourable in the king, and so advanlageous to pos. tcrity. It is said, that he li.ad saved Davenant's lifo during the iirotectorship ; and Pavenant in return af- forded him like protection after the Kestoralion : being sensible, tli:it men of letters ought always to regard their sympathy of taste as a more powerful b.aud of union, than any difl'ereneo of party or oiiinion as a source of animosify. It w;is during a state of povertv blindness, disgrace, danger, and old age, that Milton conijiosed his wonderful poem, which not only sur- passed .all the perforniauces of his contemporaries, but all the compositions which had flowed fiuin his pen during the vigour of his age and the height of his pros- perity. This circumstame is L:'t the least remarkable of all those which attend that great genius. He died in 1674, aged (iG. Waller was the first refiner of English poetrv at least of English rhyme; hut his perform.ances still ■abound with many faults; and, what is more material tliey contain hut feeble and supcrficini beauties. Gaiety wit, .and ingenuity, are their ruling ch.aractcr : they .aspire not to the sublime; still loss to the pathetic. They treat of love, without making us feel any tender- ness ; .and .abound in panegyric, without exciting ad- miration. 'I'ho panegyric, however, on Cromwell, con- tains more force than wo should expect from the other compositions of this poet. Waller was born to an ample fortune, was early in- troduced to the court, .and lived in the best companv. He possessed talents for eloquence as Avell as poetrv ; and till his death, which happened in a good old ajo, ho W.1S the delight of the house of coniinons. Tlio erroi-3 of his life proceeded more from want of con- 760 THE HISTORY OF ENGLAND. [Chap. T,XIII. rage, tliOH of IiOMOiM- or iutogrily. Ite died in 15fi7, ngfJ .S2. Cowley is au aistlior extieiiiely corrupted by the bad taste of liis age : but had lie lived even in the purest times of Greece or Rome, he must always have been a M-rv inililVereiit poet. He had no ear for liarmony ; and" bis verses are only known to be such by the rhyme whieli terminates them. In his rugged untuneablo numbers ai'C conveyed sentiments the most strained and distorted ; long-spim allegories, distant allusions, and fori-L-d conceits. Great ingenuity, however, and vi"our of thought, sometimes break out amidst those unnatural conceptions: a few anacreontics surprise us by their ease and gaiety : his prose writings please, by the honesty and goodness ■which they expi'ess, and even by their spleen and melancholy. This author was much more praised and admired during his lifetime, and coU-brated after his death, than the great Milton. He died in 1CG7, aged 49. Sir John Denliam, in his Cooper's Hill, (for none of his other poems merit attention,) has a loftiness and vigour, which had not before him been attained by any English poet who wrote in rhyme. The mechanical difjiculties of that measure retarded its improvement. Sliakospeare, whose tragic scenes are sometimes so ■nondcrfully forcible and expressive, is a very indiffer- ent i)oet when he attempts to rhyme. Precision and neatness are cliiefly wanting in Denliam. He died in 1688, aged 73. No English author in that ago was more celebrated both abroad and at home than Hobbes : in our time lie is much neglected : a lively instance, how in-ocari- ous all reputations founded on reasoning and philoso- phy ! A pleasant comedy, ■which paints the manners of the age, and exposes a faithful picture of nature, is a dui'ablo work, and is transmitted to the latest pos- terity. Hut a system, whether physical or metaiihy- sical, commonly owes its success to its novelty; any that warmth and spirit which so naturally aeconi- jiany the g^'uius of invention. This great man was much favoured by Ch.arles I. who gave him the liberty of using all tlie deer in the royal forests for jierfectiiig his discoveries on the generation of uuiinals. It was remarked, tliat no jihysician in Europe who h.id reached forty year.i of age, ever, to the end of his life, adopted Harvey's doctrine of the circulation of the blood, and that his practice in London diminished ex- tremely, from the reproach drawn upon him by that great and signal discovery. So slow is the progress of truth in every science, even when not opposed by factious or superstitious prejudices! He died in IGsf, .aged 79. This age affords great materials for history ; but did not produce any accomplished historian. Clarendon, however, will always be esteemed au entertaining write)', even independent of our curiosity to know the facts which he relates. His stylo is ]>rolix and redun- dant, and suffocates us by the length of its periods : but it discovers imagination and sentiment, and pleases us at the same time that we dis.appiove of it. He is more partial in appearance than in reality : for he seems perpetually anxious to apologize for the king ; but his apologies are often well grounded. He is less partial in his relation of facts, than in his account of charac- ters : ho was too honest .a man to falsify the former ; his affections w ere easily capable, unkuown to himself, of disguising the latter. An air of probity and good- ness runs through the whole work ; as these qualities did in reality embellish the whole life of the author. He died in 1074, aged 06. These are the chief i)erforinances which engage the attention of iiosterity. Those numberless productions, with which the press then abounded ; the cant of the puljjit, the declamations of party, the subtilties of the- ology, all these have long ago sunk in silence and ob- livion. Even a writer, such as Selden, whose learning was bis chief excellency, or Oiillingworth, an acute disputant against the papists, will scarcely be ranked among the classics of our language or country. CHAPTEIl LXIII, CHARLES II. New Milustvy Act of Indemnity ScttleMlciit of the Revenue ^1 lial an-l Kxceution of the Kegieides Oisbolution of the tlonvention • ]';irlianient Prelacy lestoreri Insurrection of the Millenanans Affairs of Scotland Conference at the S ivoy Art^uipents for and aj-'ainst a Comprehension A New Parliament Bishops' Seats re- stored Corporation Act Act of Uniformity King's Marriau-e 'I'riai of Vane, and Kxecution Presbyterian Clergy ejected Don- kirii sold to tlie I'rench DeeUuation of ludulficnce^— Uecliiic of Clar tendon's Credit. irro i^ HARLES II., when he ascended the throne V^ of his ancestors, was thirty years of age. He possessed a vigorous constitution, a fine shajie, a manly figure, a graceful air; and though his features were harsh, yet was his countenance in the main lively and eng.aging. He was in that period of life when there remains enough of youth to rentier the pcison amiable, without preventing tliat authority and r(,'gard whicii attend the years of experience and niatii- rity. Tenderness was excited by the memory of his recent adversities. Ilis present prosperity was the object rather of admiration than of einy. And as the sudden ami surprising revolution, wiiicb. restored him to his regal rights, had also restored the nation to peace, law, order, and liberty ; no prince ever ob- tained a crown in more favourable circumstances, or was more blest with the cordial affection and attach- ment of ilis subjects. This popularity the king, by his whole demeanour ■and behaviour was well 'lualifieil to support and to in- crease. To a lively wit and f[uiclv coiiijn'cheiision, he united a just understanding, ami a general observation both of men and tilings. The easiest niannei's, the most unali'ceted politeness, the most engaging gaiety, Chap. LXIII.) CHARLES IF. iri(;0-1685. lia accomp.inKd liis co;iYcrP?.tion and address. Accus- tonuil, during liis exile, to live amonf; his eomticis rather lil;e a companion than a monarch, he retained, even while on tlie throne, that open aftability, which was callable of reconciling the most determined repub- licans to his royal dignity. Totally devoid of resent- ment, as well from the natur.al lenity as carelessness of his temper, lie insured pardon to the most guilty of his enemies, and left hopes of favour to his most vio- lent opponents. From the whole tenor of liis .actions and discnurse, he seemed desirous of losing the me- mory of i)ast animosities, and of uniting every jjarty ill an aft'ectiou for their prince and their native country. NEW MINISTRY. Into his council were .admitted the most eminent men of the nation, without regard to former distinc- tions: the Presbyterians, equally with the royalists, shared this lionour. Annesley w.as also created earl of Anglesey ; Ashley Cooper, lord Ashley ; Denzil llullis, lord JloUis. The earl of Jlauchester was appointed lord chamberlain, and lord Say privy-seal. Calaniy and Baxter, presbytcri.an clergymen, were even made chaplains to the king. Admiral Slontagnc, created carl of Sandwich, was entitled, from his recent services, to great favour ; and he obtained it. Monk, created didie of Albe- marle, had jieiformed such signal services, that, ac- cording to a vulgar and malignant observ.ation, he ought rather to have expected hatred and ingratitude: yet was he ever treated by the king with great marks of dlstiuelion. Charles's disposition, free from jea- lousy, and the prurient behaviour of the general, who never ON-errafed his merits, prevented all those dis- gusts which naturally arise in so delicate a situation. The capacity too of Albemai-le was not extensive, and his parts were more solid th.an shining. Though he had dislinguislied himself in inferior stations, he was imagined, upon famili.ar acquaintance, not to bo wholly equal to those great achievements, which fiutnne, united to jirudenee, had en.abled him to per- form ; :ind he ajipeared vuitit for the court, a scene of life to which he h,ad never been accustomed. Morrice, his friend, wa.s created secretai'y of state, and was sup- ported more by his patron's credit than by his own abilities or experience. liut the choice which the king at first m.ade of his principal ministers and favourites, was the circimi- Ktance which chiefly gave contentment to the nation, and prognosticated future happiness and tranquillity. .Sir Kdward Hyde, created earl of Clarendon, Wius ch.ancellor and prime-minister : the marcjuis, created duke of Ormond, was steward of the household : tlio earl of Southanijiton, high-treasurer : sir Edward Nicholas, secretary of state. These men, united together in friendship, and combined in the .same laudable inclinations, supported each other's credit, and pursued the interests of the public. Agreeable to the present prosperity of public affairs, was the universal joy and festivity diffused throughout the nation. The melancholy austerity of the fanatics fell into discredit, together with their principles. The royalists, who had ever affected a contrary disposition, found in their recent success new motives fur mirth and gaiety ; and it now belonged to them to give repute and fa.shion to their manners. From jiasl ex- perience it had sufficiently appeared, that gravity was very distinct from wisdom, form:vIity from virtue, and liyjiocrisy from religion. The king himself, who bore a strong propensity to jile.asure, served, by liis power- ful and engaging example, to banish those sour ami malignant humours, which had hitherto engendered Bucli confusion. And though the just bounds were nndoubtedly passed, when men returned from their former extreme ; yet was the public hajipy in ix- thang'ng vices, pernicious to society, for disorders, hurtful chii>(ly to the individuals themselves wlio wererfonned in a corner: the sound of it had gone forth to most nations : and in the singular and marvellous conduct of it had chiefly ;xppeared the .sovereign power of Heaven. That he himself, :xgit.ated by doubts, had often, with j)as- sionate tears, offered uji his addresses to the divine majesty, and earnestly sought for light and conviction : he had still received as.suraiicc of a heavenly sanction, and returned from these devout suj)plications with more serene tranquillity and satisfaction. That all the nations of the earth were, in the eyes of their Creator, less than a drop of water in the bucket ; nor were their erroneous judgments aught but darkness, compared with divine illuminations. That these fre- quent illapses of the Divine Spirit he could not suspect to be interested illusions ; since he was conscious that for no temporal advantage, would he offer injury to the poorest man or woman that trod upon the earth. That all the .allurements of ambition, .all the terrors of imprisonment, had not been ;\ble, during the usurpa- tion of Cromwell, to shake his steady resolution, oi* bend him to a comiiliance with that deceitful tyrant. And that when invited by him to sit on the riglit hand of the throne, when offereil riches and splendour and dominion, he had disdainfully rejected all tempta- tions ; and, neglecting the tears of his friends and fiimily, had still, through every danger, held fast his principles and his integrity. Scot, who was more a republican than a fanatic, had said in the house of commons, a little before the Resto- ration, that he desired no other epitaph to be inscribed on his tombstone than this : "Here lies Thomas Scot, who adjudged the king to death." He supported the same spirit ujion his trial. Carew, a millen.arian, submitted to his trial, savbiff lo our Lord Jfsus Christ his right to the (fovernmcnt of these kinydoms. Some scrupled to say, according to form, that they would be tried by God and their country ; because God was not visibly )>resent to judge them. Others said, that they would be tried by the word of (lOd. No more than six of the late king's judges, Harri- son, Scot, Carew, Clement, Jones, and Scrope, were executed : Scrope alone, of all tho.se who came in upon the king's proclamation. He was a gentlem.an of good family, and of a decent character ; but it was proved, that he had a little before, in conversation, exj>ressed himself .as if he were nowise convinced of any guilt in condemning the king. Axtel, wdio li.ad guarded the high court of justice. Hacker, who commanded on the d.ay of the king's execution. Coke, the solicitor for the people of England, .and Hugh Voters, the fanatical preacher, who inflamed the army and impelled them to regicide : all these were tried and condemned, and suf- fered with the king's judges. No saint or confessor ever went to martyrdom with more assured confidence of heaven th.an w.as expressed by those criminal.s, even when the terrors of immediate death, joined to many indignities, were set before them. The rest of the king's judges, by an unexampled lenity, were reprieved ; and they were dispersed into several prisons. This punishment of declared enemies interrupted not the rejoicings of the court : but the death of the duke of Gloucester, (13th September,) a young princo of promising hopes, threw ,a great cloud upon them. The king, by no incident in his lit'e, was ever so deeply affected. Gloucester was observed to possess united the good qinilities of both his brothers : the clear judg- ment and penetration of the king; the industry and aiijdication of the duke of York. He was .also believed to be ali'ectionate to the religion and constitution of his country. Ho was but twenty years of age, when the sni all-pox put an end to his life Chap. LXIIIl CHARLES II. 1G60— 1685. 759 The princess of Orange, having come to Euj^'land, in order to partake of the joy atleniling tlie restoration of her family, with whom she lived in great friendbhiji, soon after sickened and died. The queeu-mother paid a visit to her son ; and ohtaincd liis consent to the marriage of the princess Henrietta with the duke of OrlcauB, brother to the French king. DISSOLUTION OF THE CONVENTION rAKLIAMENT. December 20. Afterarcccss of neartwo months, the parliament met, and proceeded iu the great work of the national settle- ment. They eslahlished the post-office, wine licences, and some articles of the revenue. They granted more assessments, and some arrears, for paying and disband- ing the army. Business, being carried on with great unanimity, was soon dispatclicd : and after they had sat near two'months, the king, in a speech full of tlie most gi-acious expressions, thought jiroper to dissolve them. This house of commons had been chosen during the rcigu of tlie old parliamentary party ; and though many royalists had crept iu amongst them, yet did it chiefly consist of Presbyterians, wlio had not yet entirely l.iid aside their old jealousies and principles. Lenthal, a member, having said, that those who first took arms against the king, were as guilty as those who after- wards biought him to the scaffold, was severely repri- manded by order of the house; and the most violent efforts of the long parliament, to secure the constitu- tion, and bring delinquents to justice, were in effect vindicated and a))plauded. The claim of the two liouses to the militia, the first ground of the quarrel, however exorbitant an usurpation, was never expressly resigned by this parliament. They made all grants of money with a very sparing hand. Great arrears being duo by the [U-otcctor to the fleet, the .army, the navy- office, and every branch of service, this whole debt they threw upon the crown, without establishing funds sufficient for its p.iymcnt. Yet notwithstanding this jealous care, expressed by the parliament, there pre- vails a story, that rophani, h.aving sounded the dis- position oftlic members, undertook to the earl of Southampton to procure, during the king's life, a grant of two millions a year Land-tax: a sum wliieli, added to the customs and excise, would for ever have rendered this prince independent of his people. Southampton, it is said, merely from his affection to the king, had unwarily embraced the offer ; and it was not till he communicated the matter to the chancoUoi-, that ho Avas made sensible of its pernicious tendency. It is not improbable that such an offer might have been made, and been hearkened to ; but it is nowise pro- bable that all the interest of the court would ever, with this house of commons, have been able to make it efi'ectual. Clarendon showed his prudence, no less than liis integrity, in entirely rejecting it. The chancellor, from the same principles of conduct, hastened to disband the .army. 'When the king re- viewed these veteran troops, lie was struck w ilh their beauty, order, discipline, and martial appearance; and being sensible, that regular forces are most necessary implements of royalty, he expressed a desire of finding expedients still to retain them. But his wise minister set before hiui the dangerous spirit by which these troops were .aetualed, their enthusiastic genius, their liabits of rebellion and mutiny; and he convinced the kin"-, that, till they were disbanded, he never could esteem himself securely established on his throne. No more troops were retained than a few guards and gar- risons, about 1000 horse, and 4000 foot. This was the fiist appearance under the monarchy, of a regular standing army in this island. Lord Mordaunt said, that llie king, being possessed of that force, might now look upon himself as the rfiost considerable gentleman in En"-land.* The fortifications of Gloucester, Taunton, • Kine Jim.Vs \rcinoirs. This ^Anee says, that VcniiiT'i Insurrcclion fumisliiJ « reason nr pretence f.>r keeping up the guardi. iThich Kcre>.itintel i»t lirsA til 1l'-vc licii. di.'t«nrted ivitti rlie rest or the .\rmy aiul other towns, which liad made resistance to the king during the civil wars, were demolished. Clarendon not only behaved with wisdom and justice in the office of chancellor : all the counsels, which he gave the king, tended equally to promote the interest of prince and people. Charles, accustomed in his exile to pay entire deference to the jutlgment of this faithful servant, continued still to submit to his direction ; and for some time no minister was ever possessed of more absolute authority, lie moderated the forward zeal of the royalists, and tempered their appetite for revenge. With the opposite party, he endeavoured to preserve inviolate all the king's engagements : he kept an exact register of the promises which had been made for any service, and he employed all his industry to fulfil them. This good minister was now nearly alUed to the royal family. Ilis daughter, Ann Hyde, a woman of spirit and fine accomplishments, had hearkened, while .abroad, to the addresses of the duke of 'York, and, under jiro- mise of marriage, had secretly admitted him to her bed. Her pregnancy appeared soon after the Kestoration ; and though many endeavoured to dissuade the king from consenting to so unequ.al an alliance, Charles, iu jiity to his friend and minister, who had been ignorant of these engagements, permitted his brother to marry her. Clarendon expressed great uneasiness at the honour which he had obtained : and said, that, by being elevated so much above his rank, he thence dreaded a more sudden downfall PRELACY RESTORED. Most circnmstances of Clarendon's administration have met with applause : his maxims alone iu the con- duct of ecclesiastical politics have by many been deemed the effect of prejudices narrow and bigoted. Had the jealousy of royal power prevailed so far with the con- vention parliament, as to m.ake them restore the king with strict limitations, there is no question but the establishment of jiresbyterian discipline had been one of the couditions most rigidly insisted on. Not only that form of ecclesiastical government is more favour- able to liberty than to royal power: it was likewise, on its own account, agree.able to the majority of the house of commons, and suited their religious principles. But as the impatience of the people, the danger of dehay, the general disgust towards faction, and tiie authority of Monk, had jirevailed over that jealous project of limitations, the full settlement of the hierarchy, toge- tl:er with the monarchy, was a necessary and iufalliblo consequence. All the royalists were zealous for that mode of religion ; the merits of the C]iiscopal clergy towards the king, as well as their sufferings on that accoimt, luvd been great ; the laws which established bishops and the liturgy were .as yet mirepealed by legal authority; and any attempt of the ]iarlianKnt, by new acts, to give the superiority to presbyterianisni, bad been sufficient toinvulve the nation again in blood and confusion. Moved by these views, the commons had wisely postponed the examination of all religious con- troversy, and had left the settlement of the church to the king and to the ancient laws. The king at first used great moderation in the execu- tion of the laws. Nine bishops still remained alive ; and these were immediately restored to their sees : all the eji^cted clergy recovered their livings : the liturgy a form of worship decent, and not withcut beauty, was again .admitted into the churches: but, at the same time, a dechiralion was issued, in order to give content- ment to the presbyterians, and preserve' .an air of mode- ration and neutrality. In this dc«laration, the king promised that he would provide suffr.agan bishops for the larger dioceses ; tliat the prelates should, all of them, be regular and constant preacliers ; that they should not confer ordination, or exercise any jurisdic- tion, without the advice .and assistance of presbyters, chosen by the diocese ; that such altei-atious should be 760 THK HISTORY or KNGl.AND. [ClFAP. I.XIH inaJo in tlio litiirfy at would rfiutcr it loliilly uncx- c<-pliori.-il)lc ; tlidl, ill tlii; mMiiitimc, tirn UHP of tiint iiirxlf! iif v,iinh\\> hlioiild not be impodcrl on hhcIi u» w(:rc- miwillin^ to rccfivo it; and tliiil tlK'hiirpliof!, tlie croM in liiiptiBOi, !ind Ijowin;; at tli'; nanifr of ./i.-siio, filioiild not li'- rii,'idly inKJsti'd on. 'niiwdi'rlaralion wiw iHxiii'd \>y tlic U'luff nx lioail of tlio cliiirfdi ; and Ik; plainly acNiiniod, in many parts of it, a li-(,'i»lativc nntlioiily in w:(:ley.iasti(;al rnattCTH. ISnt tin; Kngliidi government, tliongli moro exactly defined liy the late contectd, wai not an yet reduced, in t:\i:ry jiarticiilar, lo the dtriel liinitH of law. And if ever prcrojjative wfiH jnHlihahly ernidoyed, it le^eined to be on the prewent oeeahion, when all part* of the utale were torn wilh (i.-mt ronvnIfiionH. and rerjiiired tlie moderating liaiid of the chief raagistrato to reduce them to their ancient order. IN8UJlUK(;riO.\ OK THi; MH.MiNAUIANS. Cut thongb tlic«o apiwjarances of neutrality were maintained, and a mitigated epincopacy only seemed to be inhifitud on, it wax far fioni the intention of the niioi«try always to prej:erve like regard to the preshy- teriauH. 'I'hi! niadnesM of the fifth-monarehy men nlTordcd them a pretence for deparling from it. ^'en- Jier, a desperale entlnihianl, who liad often conhpirerl njjainst ('roinwi^ll, having, by IiIk zealoiiH lectiireH, in- flamerl hill own iintigination and that of liis loIlowerK, iHnned forth at their hr;;ul into the idrcetn of London. They were, to the number of sixty, completely anned, believed thi'iiiselveH invulnerable ami invineihle, and finnly expected the same succesH which had atteude.l (iideon and other heroes of tlie Old 'i'estameiit. Kvery one at first fled before them. One unliiippy man, who, being (jiieslioned, said, "Jle Wiw for (lorl and king Charles," was instantly murdered by them. 'Jhey went triumphantly from stieet lo street, everywhere ]iro- clainiiiig liing.le>tu!i, who, they said, was llnrir invlsihle leader. At leuf^'th tin- magii.l rates, haiing assembled dome Irain-handH, made an attack uj.oii them. 'I'hey defendeil tln-mselves with order, as well as valour; nnd, alti-r killing many of the asiiailants, they made u regular retreat into Cane-Wood, near Hampstrrad. Next morning they were chased thence by a detach- ment of the guards ; but they ventured again to invade the city, which was not jirepared to receive them. After committing great disorder, ami ti-.-iversing almost every street of that immense eajiital, they retired into n house, which they were resolute to defend to the last extremity. IJeing surrounded, and the house untileil, they were fired upon from i:v<-ry i,idlaiiily discovered, that their jiast resistance had proceediil more from the turbulence of their aristocracy, and the bigotry of their ecclesiastics, than from iiny fixed jiassion towards civil liberty. 'J'lio lords of articles wcrr restored, with some other branches of prerogative ; and royal authority, fortified with moro |ilaiisihle claims and pretences, wax, in its full extent, re-CMlahlished in that kingdom. 'I'he prel.icy likewise-, hy the abrogating of every statute eniicled in favour of presbytery, w.-U) thendiy t!icitly restored ; and the king deliherateil what use lie should make of this coneession. Lauderdale, who at bottom w.iH a passion;ile zealot against episcop:icy, eude.'ivoiired to persuade hini, lli;it theHcols, if gratilied ill this favourite jioiiil of I'Cclesiastical goverument, would, in evi'iy other demand, be enlirely coinpliant with the king. Charles, though he had no such al tacli- fuerit lo prelacy as had influenced his father and gr.-ind- f'athi'r, hail Kiifi'eied such indignities from llii; Hcottish jireshyteriaiiH, thai he ever after bore lliein a hearty aversion, ili^said to Lauderdale, that iireshyti-rianism, he thought, was not a religion for a giMilleman; and he could not coiis'!nt to its further continuance in Hcot- himl. iMIddliiluri too and hi.-i other miuisterH jii^rsiiaded him, that the nation in general was so disgusted with the violence and lyraiiiiy of tin? ecclehiastics, that any allerailon of church governriieiil would he uriiversally grati'l'id. And Clarendon, as well iin Orriiond, dieading that the prosbyteriail Lcct, if legally eutahlislieil in Chat. I.XIH.l CHARLES ir. lOCO— 1085. 761 Scritl;;ii, tlie terror of punishment, till llicy should have m.tdo the requisite compliances with the now government. Though nei- ther the king's temper nor plan of administration led him to severity, some examples, after such a bloody and triumph.ant rebellion, seemed necessary; and the marquis of Argyle, and one Gutlirv, were pitched on .as the victims. Two acts of indemnity, one passed by the Kite king in 1041, another by the present in Kiol, foimcd it was thought, invincible obstacles to the punishment of Argyle ; and barred all inquiry into that p.art of his conduct which might justly be regarded .is the most exception.ible. Nothing remained but to try him for his compliance with the usurpation; a crime common to him with tlio whole nation, and such a one as the most loyal and alVectionalc subject might frequently by violence bo obliged to commit. To make this compli- ance api)ear the more voluntary and hearty, there were produced in court letters which he had written to Albemarle, while that general connnanded in Scot- l.md, anil which contained e\pressiiuis of the most cor- dial attachment to the est.iblished government, l>ut besides the general indignation excited by Albemarle's discovery of this i)rivate corresj>ondcnce, men thought that even the highest demonstrations of .iftectiou might, during jealous times, be exacted .is a ncccssjiry m.irk of compliance from a person of such distinction a-s Argyle, and conlJ not, by .my cquitivblo construc- tion, imply the crime of tre;ison. Tlie parliament, however, scrupled not to p.xss sentence upon him ; and he died with groat constancy and courage. As he was universally known to have been the chief instrument of the piist disorders and civil wars, the irregidarity of his sentence, and several iniquitous circumstances in the method of conducting his trial, seemed, on that account, to .admit of some aiiology. Lord Lome, son of Argyle, having ever |>reservod his loyally, obtained a gift of the forfeiture, Guthry was a seditious preacher, and had personally aliVonted the king; his punish- ment gave sur|irise to nobody. Sir Archibald .lolin- stonc of Warriston was attainted and tied ; but was seized in France about two years alter, brought over, and executed. He had been very active during all the late disorders, and was ex en suspected of a secret cor- respondence with the Ijiglish regicides. Besides these instances of compliance in the Scottish parliament, thoy voted an addition.al revenue to tlie king of 4(1, (X)l) pounds .1 year, to be levied by way of excise. A small force was purposed to be maintaineil by this revenue, in order to prevent like confusions with those to which the kingdom had been hitherto exposed. An act was also passed, declaring the cove- nant unlawful, and its obligation void and null. CONFKRENCE AT THE SAVOY. March 25. In Engl.and, the civil distinctions seemed to bo ab.ilished by the lenity and eipialily of Charles's .idini- uistration. Cavalier and Itoumlhcad were heard of I IW more : all mcii seemed to concur in submitting to Vol I. ' the king's l.iwful prerogatives, and in cherishing the just privileges of the people and of {larliament. The- ological controversy alone still subsislcii, and kept alive some sparks of that flame which had thrown the nation into combustion. While catholics, independ- ents, and other sect.iries were content with entertain- ing some prospect of toleration, prelacy luid presbytery struggled I'or the superiority ; and the hopes and fears of both p;trties kept them in agitation. A conference was held in the S;»voy betwein twelve bishops and twelve leadoi-s among the presbyteiiau ministci-s, with an intention, at least on pretence, of bringing atkint an accommodation between the parties. The surplice, the cross in kiptism, the kneeling at the siicraineut, the bowing at the name of .losus, were anew cau- v.assed ; and the ignorant multitude were in hopes that so inany men of gravity and learning could not fail, after deliberate ai-ginnentalion, to agree in all points of controvei-sy : they wore surprised to see them sepa- rate more intlamcd than ever, and moic conlirmed in their several prejudices. To cuter into particulars would be superllnous. Pispules concerning religious forms are, in themselves, the most frivolous of any; and merit attention only so far .is they have iutlueu'cc on the peace and order of civil society. AUGUMENTS FOR AND AGAINST A COM. PREHENSION. The king's declaration had protiiised, that some en- deavoui-s should be used to cll'ect a comprehension of both parties ; and Charles's own indiileronce with re- gard to all such questions seemed a favoui-able circum- stance for the execution of that project. The |>artis;m8 of a comprehension said, that the presbyterians, as well as the jirelalists, having felt by experience the fatal efl'ecis of obstinacy and violence, were now well disposed towards an amicable agreement : that the bishops, by relinquishing some part of their. luthority, and dispensing with the most exceptionable ceremo- nies, would so gratify their adversjiries as to obtain their cordial and afl'oetionate compliance, and unite the whole nation in one faith and one worship: that by obstinately insisting on forms, in tlieniselvos insi^nili- cant, an air of importance was bestowed on them, and men were taught to contiiuie eipially obstinate in re- jecting them: that the presbyteriaii clergy would go every reafonable length, rather than, by parting with their livings, expose themselves to a slate of beg^'arv, at best of dependence : ami that if their pride were llatlered by some seeming ;ilterations, and a pretence given them for affirming that they li.id not ab:m- doued their former principles, nothing further was wanting to produce a thorough union between those two parties, which comprehended the bulk of the nation. It w.as .lUegedon the other hand, that the difference between religious sects was founded, not on luinciple, but on passion : and till the irregular affections of men could be corrected, it was in vain to expect, by com- pliances, to obtain a perl'ect unanimity and eouiprehen- sion : that the more insigniHcant the objects of dis- pute appeareil, with the more cert;iinly might it be in- ferred, that the real ground of dissension was difl'ereut from that which was univei-sally pretended: tli:it tho love of novelty, the jiride of argumentation, the ple.l- siire of making proselytes, and the obstinacy of contra- diction, would for ever give rise to .sects and disputes ; nor was it possible that such a source of dissension could ever, by any concessions, be ciitlivlv exliaH.-^led- that the church, by departing from i\iicieiit practices and principles, would tacitly acknowledge hei-self guilty of error, and lose that reverence, so rcquisito for preserving the atlachnieiit of the multitude; and that if the present concessions (which nas more than probable) should prove ineft'eclual, greater must still be made ; and in the issue, discipline would be de- spoiled of all its authority, and woi^hip of all its decency, 762 THE HISTORV OF ENGLAND. [Chap I.XJII. ■nilliout obtainingf that end wliicli liaJ Iiccii so funJly Bought for hy these liangerous indiilgoiioes. The miuistiy were inclined to give the preference to the hitter argunicnts; and were the more confirmed in that intention liy tlie disposition, wliieli appeared in tlie parliament lately assembled. (Cth May.) The roy- alists and zealnus chnrchmcn were .at present the popu- lar party in tlic nation, and, seconded hy the effoits of the court, had prevailed in most elections. Not more than fifty-six niemhcrs of the preshyterian party had obtained seats in the loner house ; and these were not able eitlier to oj)pose or retard the measures of the majority. Monarcliy, therefore, and episcopacy, were now exalted to as great power and splendour as they liad lately suffered misery and depression. Sir Ed- Avard Turner was chosen speaker. An act was passed for the security of the king's per- son and government. To intend or devise the king's imprisonment, or bodily harm, or deposition, or levy- ing war against him, was docl.ared, during the lifetime of his present majesty, to be high-treason. To affirm him to be a papist or heretic, or to emle.avour by speech or writing to alienate his subjects' affections from him ; these offences were nuide sufficient to inc.ap.acitale the person guilty from holding any employment in churcli or state. To maintain that the long p.arliameut is not dissolved, or that cither or both houses, without the king, are possessed of legislative authoritj-, or that the covenant is binding, was made punishalile by the penalty of premuuire. Tiie covenant itself, togetlier with the act for elect- ing the high court of justice, that for subscribing the engagement, .and that for declaring England a common- wealth, were ordered to be burnt by the hands of the hangman. The people assisted with great alacrity on this occasion. The .abuses of petitioning in the preceding reign Iiad been attended with the worst consequences; and to jjrevent such iriegular jiractices for tlic future, it was en.icted, that no more than twenty hands should be fixed to any pstition, unless with the s.anction of three justices, or the major part of the grand jury ; and that no petition should be inesentcd to the king or either house by above ten persons. The penalty annexed to a transgression of this law w.as a fine of a hundred jpouuds and tliree mouths imprisonment. BISHOPS' SEATS RESTORED. The bishops, though restored to their spiritu.al autho- lity, were still excluded ft'om parliament by the law which the late king luad passed immediately before the commencement of the civil disorders. Great violence, both against the king and tlie house of peers, had been employed in p.assing this law ; and on that account alone, the partisans of tl;e church were jnovided with a plausible pretence for repealing it. Charles expressed much satisfaction, when he g.ave his assent to the act for that purpose. It is certain, that the authority of the crown, as well as that of the church, w.as interested in restoring the prelates to their former dignity. But those, who deemed every acquisition of the jiriuce a detriment to the people, were apt to complain of this instance of complaisance in the parliament. After an adjournment of some months, the parlia- nient w^as again assembled, (20th November,) and pro- ceeded in the same spirit as before. They discovered no design of restoring, in its full extent, tl;e ancient prerogative of the crown : they were only anxious to repair all those breaches which had been made, not by the love of liberty, but by the furj- of faction and civil war. The power of the sword had, in all .ages, been nJlowed to be vested in the crown ; .and though no law confened this prerog.ative, every parliament, till the last of the preceding reign, had williu^^Iy submitled to an authority more ancient, and therefore more sacied, t!i:iu that of any jiositive statute. It was now t'iought |i3-.)iier solennily to relinquish the violent pretensions of that parliament, and to acknowledge, that neither one house, nor botli houses, independent of the king, were possessed of any military authority. The pre- amble to this statute went so far as to renounc",' all right even of defensive arms ag.ainst the king ; and much observation has been made with regard to a concession esteemed so singular. AVere these terms taken in their full literal sense, they imply a total re- nunciation of limitations to monarchy, and of all privi- leges in the subject, independent of the will of the sovereign. For as no rights can subsist without some remedy, still less rights exposed to so much invasion from tyranny, or even from ambition ; if subjects must never resist, it follow.s, that every prince, without any cflort, jiolicy, or violence, is at once rendered absolute and uncontrollable: the sovereign needs only issue an edict, abolishing every authority but his own; and all liberty, from that moment, is in effect annihilated. But this meaning it were absurd to impute to the pre- sent p.arliameiit, who, though zealous royalists, showed in their measures, that they had not cast off all legard to national jirivileges. They were prob.ably sensible, that to suppose in the sovereign any such invasion of ]iublic libertj' is entirely unconstitutional ; and that therefore expressly to reserve, upon that event, any right of resistance in the subject, must be liable to the s.ame objection. They had seen th.at the long parlia- ment, under colour of defence, had begim a violent attack upon kingly power; and, after involving the kingdom in blood, had finally lost that liberty for which tliey had so imprudently contended. They thought, perhaps erroneously, that it was no longer possible, after such jpublic and such exorbitant pretensions, to persevere in that prudent silence hitherto maintained liy the laws ; and that it was necessary, by some posi- tive declaration, to bar the return of like inconvenien- cies. When they excluded, therefore, the right of de- fence, they supposed, that the constitution remaining firm upon its basis, there never really could be an att.ack made by the sovereign. If such an attack was at any time made, the necessity was then extreme: and the case of extreme and violent necessity, no law.s, they thought, could comprehend; because to such ;i necessity no laws coidd beforehand point out a proper remedy. CORPORATION ACT. The other measures of this parliament still disco vered a more .anxious care to guard against rebellion in the subject than encroachments in the crown: the recent evils of civil war aud usurpation had natunilly increased the spirit of submission to the monarch, and h.ad thrown the nation into that dangerous extreme. During the violent and jealous government of the par- liament .and of the protectors, all m.agistrates, liable to susijicion, had been expelled the corporations; and none had been admitted, who gave not proofs of affec- tion to the ruling powers, or who refused to subsciibe the covenant. To leave .all authority in such hands seemed dangerous; and the parliament, therefore, em- powered the king to appoint commissioners for regu- lating the corporations, and expelling such magistrates as ciilicr intruded themselves by violence, or professed princi)jles d.angeroiis to the constitution, civil ;uid ecclesiastical. It was also enacted, that all m.agistrates should disclaim the obligation of the covenant, and should declare, both their belief, that it was not lawful, upon any pretenie whatsoever, to resist tlie king, and their abhorrence of the traitorous position of taking arms by the king's authority against his person, or against those who were commissioned by him. ACT OF UNIFORMITY. 1CC2. The care of the church was no less attended (obj this parliamer.l, than that of monarchy; aud (ho bill of uuiformily was a pledge of their sin<'ere altachnient to the cpiscop;il hierarchy, and of their aiuipalhy to Chap. I.XIII.] CHARLES II. 1660— IG^Jo. 7t33 j)resby(criaiiistti. Pi(fill, which contained many severe clause!!. 'Jlie iiidf'pondents and other sectaries, en- raged to find all their sclienies sidiverted I>y the preshy- terians, who had once Ijoen their associates, oxertid themselves to disappoint that j.arty of the favour and indulgence, to which, from their recent merits in pro- niotinjj the Itestoralion, tliey thoui;ht themselves justly entitled. By the preshyterians, s:iid they, the war was raised : by them was the populace first incited to tu- mnlls : by their zeal, interest, and riclies were the armies supported : by their force was tlio Icinfj siih- ducd : and if, in the secpiel, they protested against tlioso fxtreme violences, committed on his person by the military leaders, their opposition came too late, after having supplied these usur|,ers with the power and the pretences, Iiy which they maintained their sanguinary measures. They had indeed concurred with the royalists in recalling the hing : but ought they to bo esteemed, on tliat account, more aflTcctionate to the rojal cause? liago and animosity, from disap- pointed ambition, were plainly their sole motives; and if the king should now be so imprudent as to distin- giiisli them by any particular indulgencics, be would Foon experience frotn them tlie same hatred and opj)o- sition which bad proved so fatal to his falher. The catholics, though they had little interest in the nation, were a considerable party at court ; and (Voni their serWces and sufferings during the civil wars, it seemed but just to bear them some favour and regard. These religionists dreaded an entire miion among the protesfants. Were they the sole nonconformists in the nation, the severe execution of penal laws upon their sect seemed an infallible consequence; and they used, therefore, all their interest to push matters to extre- mity against the preshyterians, who had formerly been their most severe oppressors, and whom they now ex- pected for their companions in affliction. The earl of Bristol, wlio, from conviction, or interest, or levity, or complaisance for the company with whont be lived, had changed his religion during the king's exile, was regarded .as the head of this party. The cliurch jiarty had, during so many years, suf- fered sncb injuries and indignities from the sectaries of every denomination, that no moderation, much less de- ference, wasonthis occasion to be expected in the cc- clcfiiastics. Even the laity of that communion seemed now disposed to retaliate upon their enemies, accord- ing to the usual measm-es of party justice. This sect or faction (for it ])artook of both) encour.aged the ru- mours of plots and eonsjiiracies against the govern- ment ; crimes which, without any apjiarent reason, they imputed to their adversaries. And instead of enlarging the terms of communion, in order to com- prehend tic preshyterians, they gladly laid hold of the prejudices which prevailed among that sect, in order to eject them from their livings By the bill of nni formity it wa.s required that cvciy elerg^nian should be rc-onlaincd, if be had not before received episcopal ordination ; should declare his assent to everything contained in the Book of Common Prayer; should this violent measure, and that the zc-nl of Clarendon and of the church party among the commons, seconded by the intrigues of the catholics, was the chief ca;i3e which extorted liis consent. The royalists, who now predominated, were vei-y ready to signalize their victory, by establishing tho.so high jjrinciples of monarchy which their antagonists had controverted : but when any real power or revenue was demanded for the crown, they were neither so forw.ard nor so liberal in their concessions as the king would gladly have wished. Though the jiarliameut Jiassed laws for regulating the navy, lliey took no notice of the army ; and declined giving their sanction to this dangerous innovation. The king's debts were become intolerable ; and the commons were at last con- strained to vote him an extraordinary su)i])ly of 1,200,000 pounds, to be levied by eighteen monthly assessments. But besides that tills sujiply was much inferior to the occiision, the king was obliged earnestly to solicit the commons, before be could obtain it; and, in order to convince the house of its absolute necessity, be desired them to examine strictly into all his receipts and dis- bursements. Finding likewise upon inquiry, that the several branches of revenue fell much short of the sums exjiected, they at last, after much delay, voted a new imposition of two shillings on each hearth; and this tax they .settled on the king during life. The whole establislied revenue, however, did not, for many years, exceed a million ; a sum confessedly too narrow for the public expenses. A \eTy rigid frugality at least, which the king seems to have wanted, would have been requisite to make it suffice for the dignity iind security of government. After all business was despatched, the parliament was prorogued, (lyth May.) KING'S MARRIAGE. Before the parliament rose, the court was employed in making preparations for the reception of the new queen, Catherine of I'orlugal, to whom the king was betrothed, and who had just landed at Portsmouth. During the time that the jirotector carried on the war with Sp.ain, he was naturally led to support the Portu- guese in their revolt; and he eng.agedhimsclf by treaty to siq>)ily them with 10,000 men for tiieir defence against the Spaniards. On the king's restoration, ad- vances were made by Portugal for the renewal of the alliance; and in order to bind the friendship closer, an offer was niade of the Portuguese ]irincess, and apor- tion of 500,000 jiouiuls, together with two fortresses, Tangiers in Africa, and Bombay in the East Indies. Spain, who, after the peace of the Pyrenees, bent all her force to recover Poi tugal, now in appearance aban- doned by France, took the alarm, and endeavoured to fix Charles in an ojiposite interest. The catholic king oftercd to adojit any other princess as a d.aughter of Spain, either the i)rincess of Parma, or, what he thought more popular, some protestant princess, the d.aughter of Denmark, Saxony, or Orange ; and on any of these, be promised to confer a dowry equal to that which was offered by Portugal. But many reasons inclined take the oath of canonical obedience; should abjure Charles rather to accept of the Portuguese proposal.s. the solemn league and covenant ; and shoidd renounce the principle of taking arms, on any pretence whatso- ever, against the king. 1'bis bill reinstated the church in the same condition in which it stood before the commencement of the civil wars; and as the old persecuting laws of Klizabelli still subsisted in their full rigour, and new clauses of a like nature were now enacted, all the king's promises of toleration and of indulgence to tender consciences were thereby eluded and broken. It is true, Charles, in his declaration from Breda, had expressed his inten- tion of regulating that indulgence by the advice and authority of parliament : but this limitation could never reasonably be extended to a total infringement and violation of his engagements. However, it is Ogreed, that the king did not voluntarily concur with The great disordere in the go\ernment and finances of Spain made the execution of her promises be much doubted; and the king's urgent necessities demanded some immediate sui)|)ly of money. The interest of the Ihiglish commerce likewise seemed to require th.at the independency of Portugal should 'oe supported, lest the union of that crown with Spain should put the whole treasures of America into the hands of one po- tentate. The claims too of Spain u]>on Dunkirk and Jamaica, rendered it impossible, without further con- cessions, to obtain the cordial friendsiiij) of that power: and on the other hand, the oflTer, made by Portugal, of two such considerable fortresses, i)romlsed a great accession to the naval force of I'lngland. Above all, the proposals of a protestant princess was uo allure nient to Cliarlcs, whose inclinations led him strongly 764 THE HISTORY OF ENGLAND [Chap. I.XIII. to give tlio prcforoiu'C lo a ratliolic alliiuice. Accord- ing to tlie most ]ii-obnble accounts,* tlif losoliition of marrvinj; tlic dauKlitcr of roituttal was taken by the kinp-," iiiiUnovvn to all his ministers; and no remon- strances could iirevail with him to alter iiis intentions. When the matter was laid before the council, all voices concurred in approving the resolution ; and the parlia- ment expressed the same complaisance. And thus was concluded, (21st May,) seemingly witli universal consent, the inauspicious marriage with Catherine, a l)rincessof virtue, but who was never able, either by the graces of her person or humour, to make herself agree- able to the king. The I'oport, however, of her natural incapacity to have children, seems to have been ground- less; since she was twice declared to be pregnant. Tlio festivity of these espousals was clouded by the trial and cxecutiou of criminals. Lierkstead, Cobbet, and Okey, three regicidts, had cscajied beyond sea ; ind after wandering some time concealed in Germany, came privately to J)elft, having appointed their fami- lies to meet tliem in tliat place. They were discovered by Downing, the king's resident iu lloll.and, who had formerly served the jn-otector and cnmmonvvealth in the same station, and who once had even been chaplain to Okey'sregiment. lie applied for a warrant to arrest them. It had been usual for the States to graut these warrants ; though, at the same time, they had ever been careful secretly to advertise the persons, that thej' mii;ht be enabled to make their escape. This precaution was eluded by the vigilance and disp.atcliof Downing. lie (piickly scixcd the criminals, hurried tliem on board a frigate which lay off the coast, ami sent tliem to England. These three men behaved with more moderation and submission, thau any of the other j'egicides who had snft'ered. Okey in particular, at the ]>lace of execution, prayed for the king, and expressed Ids intention, had he lived, of submitting peaceably to the established govornment. He had risen during the w.ars from being .acliandler in London to a high rank in the army ; and iu all his conduct appeared to be a man of humanity and honour. In consideration of his good character and of his dutiful behaviour, his body was given to his friends to be buried. TiUAL OF VANE. The attention of the public was much engaged by the tri.ilof two distinguished criminals, L.ambert and Vane. These men, though none of the late king's judges, had been excepted from the general indemnity, and com- mitted to prison. The convenfion-parliament, how- ever, was so favourable to tlicni, as to ]ietitiou the king, if tliev should be found guilty, to suspend their execu- tion : but this new jiarliament, more zealous for mo- narchy, ajiplicd for their trial and condemnation. Not to revive disputes, wdiicli were better buried iu oblivion, the indictment of Vane did not comprehend any of his actions during the war bi'tween the king anil jiarlia- ment : it extended only to his behaviour after the late king's dcath.as member of thecouncil of state, and secre- tary of the navy, where fidelity to the trust reposed in him required his o|i)Misition to monarchy. Vaiie wanted neitlu'i- courage nor cajiacity to avail hiinsclf of this advantage. He urged, that, if a com- pliance with the government, at that time established in Engl.aud, and the acknowledging of its authority, were to be regarded us criminal, the whole nation had incurred equal guilt, and none would remain, whose innocence could entitle them to try or conileiun him for his jiretendcd treasons : that according to these maxims, wherever an illegal authority was estabhshcd by force, a total and universal destruction must ensue; • Carte's (limond, vol, ii. p. M4. Tliis nrtnum s«ms l.cttcT supiioitcd, I'lall tliat 111 AblaiK'fturt'.s Mimnirs, tlint tlie rhaticoUor f.liicfiy pushed [lio HortnK"e«' alliance. Tlicsccict ti-anr.acti.>ns <)J ilieetHii-c of i'liiRlaini could HOE oe S'lpptised to br much Itnou'n to a Kv.iicli resiik-nt at Msl.rm : and w'lat- *-.*cr opposition tlie i liaiicellor inlgljl make, lie would certainly ciitle.ivoijr to conceal it from the -inecn and all her lamily, and even in the parpamrntaiid ccmiicil would sr.pjwrt the resnUuinn already uken. Clarendon' Itiniself Bays, iu his .McnoiiS) that l\c never cither opposed or protr.occd the j'ortuyut ie matclii while the usurper.'? proscribed one ]iart of the nation for disobedience, the lawful prince punished the other for complianco : that th(> legislature of Kngland, fore- seeing this violent situation, had ]irovided for public Eccurity by the famous statute of Henry VIl.; in which it was enacted, that no man, in case of any re- volution, should ever be rpiestioned for his obedience to the king in being: that whether tlie established go- vornment were a monarchy or a commonwealth, t!ie reason of tlio thing was still the s.anie ; nor ought the exiiolled prince to think himself entitled to allegiance, so long as he could not afl'ord protection : that it bo- longed not to private persons, possessed of no power, to discuss the title of their governors; and every usurpa- tion, oven the most tlagrant, would equally retpiirf! obedience with the most legal cst.ablishinent : that the controversy between the late king and his parliament was of the most delicate nature ; and men of the great- est probity had been divided in their choice of the part3' which tlioy .should embrace ; that the p.arll.ament, being rendered iudis.solub!e but by its own consent, was become a kind of co-ordinate power with the king; anil as the case was thus entu-ely new and un- known to the constitution, it ought not to be tried rigidly by the letter of tlie ancient laws : that for his part, all the violences, which had been put upon tlio parliament, and upon the person of the sovereign, he had ever condemned ; nor had he once appeared in the house for some time before and after the execution of the king; that finding the whole governmcnfthrown into disorder, he was still resolved, in every re\olu- tion, to adhere to the commons, the root, the founda- tion of all lawful authority : th.at iu prosecution of this principle, he had cheerfully undergone all the violence of Cromwell's tyranny ; .and would now, with equal alacrity, exjiose hinistdf to the rigours of perverted law and justice : that though it was in his iiowcr, on the king's restor.ation, to have escaped from his ene- mies, he was dett^rmined, in imitation of the most il- lustrious names of antiquity, to perish in defence of liberty, and to give testimony with his blood for that honourable cause, in which he had been enlisted : and that, besides tlie ties by which God and nature had bound liini to his native country, he was voluntarily engaged by the most sacred covenant, whoso obliga- tion no earthly power should ever be able to make him relinquish. EXECUTION OF VANE. Jin,e IJ. All the defence which Vane could make was fruit- less. The court, considering more the general ojiinion of his active guilt in the beginning ;md prosecution of the civil wars, than the articles of treason ch.irged .against him, took adv.antage of the letter of the law, and brought him in guilty. His cour.age deserted hiin not upon his condemnation. Tljough timid by nature, the persuasion of a just cause supjiorted him against the terrors of death ; w hile his enthusiasm, excited liy the prospect of glory, embellished the conclusion of a life, which, through the whole course of it, had been so much disfigured by the prevalence of tliat principle. Lest pity for a courageous sufferer should nuake iinpres- siun on the populace, drummers were pl.iccd under the scaffold, whose noise, as he began to launch out in re- flections on the government, drowned his voice, and admonished liim to temper the ardour of his zeal. He was not astonished at this unexpected inciileut. In all his behaviour, there appeared a fiiin and animated in- trepidity ; and he considered death but as a passage to that eternal felicity, which he believed to be pre- pared for him. This man, so celebrated for his i>arllamentary talents, and for his ca];acity iu business, has left some writings behind him : they treat, all of them, of religious sub- jects, and are absolutely unintelligible: no traces of eloquence, or even of common sense, ajipear iu them. A strange par.ado.x ! did wo not linovv, that men of the greatest genius, v."lieie they reliuquish by principle tiia Chap. LXIII.] CHARLES IT. 1660—1685. 76o use of their reason, are only enabled, by tlieir vigour of mind, to work themselves the deeper into error and absurdity. It was reiuarliable, that, as Vane, liy being the chief instrument of Strafford's death, had first opened the way for that destruction wliich overwlielmed the nation ; so by his death lie closed the scene of blood. He was the last that suft'ered on .iccount of the civil warj. Lambert, though condemned, was re- prieved at the bar; and tlie judges declared, that, if Vane's behavio\ir had been equally dutiful and sub- missive, he would liave experienced like lenity in the king. liimbert survived his condemnation near thirty years. He was confined to the isle of CJuernsey ; where lie lived contented, forgetting all his piist schenu-s of greatness, and entirely forgotten by the nation : he died a Itomau catholic. PRESBYTERIAN CLERGY EJECTED. August 2-1. Ilowovor odious Vane and Lambert were to the pres- byterians, that party bad no leisure to rejoice at their condemnation. The fatal St. Bartholomew approached ; the day, when the clergy were obliged by the late law, either to rcliufiuish their livings, or to sign the articles ro(|nired of them. A combination had been eutered into by the most zealous of the presbytorian ecclesi- astics to refuse the subscription ; in hopes that the bishops would not venture at once to expel so gieat a number of the most popular preachers. The catholic party at court, who desired a great rent among the protestauts, encouraged them in this obstinacy, and gave them hopes that the king would protect them in theii- refusal. The king himself, by his irresolute con- duct, contiibuted, either from design or accident, to increase this opinion. Above all, the tenns of sub- scription had been made strict and i-igid, on purpose to disgust all the zealous and scrupulous among the prcs- byterians, and deprive them of their livings. About 2000 of the clergy, in oue day, relinquished their cures ; and, to the astonishment of the court, sacrificed their interest to their religious tenets. Fortified by society in their sufferiugs,\they were resolved to un- dergo any liardsliii)S, rather than openly renounce those principles, which, on other occasions, they were so apt, from interest, to warp or elude. The cliiuch enjoyed the pleasure of retaliation; and even pushed, as usual, the vengeance further than the offence. Dur- ing the dominion of the parliamentary party, a fifth of each living had been left to the ejected clergymen ; but this iudulgence, though at first insisted on by the bouse of peers, was now refused to the presbyterians. However difficultto conciliate peace among theologians, it was hoped by many, that some relaxation iu the teiTiis of conuuuniou might have kept the presbyte- rians united to the church, and have cured those ecclc- siastical factions which had been so fatal, and were st ill so dangerous. Bishoprics were offered to Calamy, Baxter, aud Reynolds, leaders among the piesbyto- rians ; the last only could be prevailed on to accept. Deaneries aud other preferments were refused by many. DUNKIRK SOLD TO THE FRENCH. The next measure of the king has not had the good fortune to be justified by any party ; but is often con- sidered, on what grounds I shall not determine, as one of the greatest mistakes, if not blemishes, of his reign. It is the sale of Dunkirk to the French. The parsi- monious maxims of the parliament, and the liberal or rather careless disposition of Charles, were ill suited to each other ; and notwithstanding the supplies voted liim, bis treasury was still vary em])ty and very much indebted. He had secretly received the sum of 200,000 crowns from France fur the sujiport of Port iigal ; but the forces sent over to that country, and the fleets _ _ „ maintained iu order to defend t, had already cost tho ' ^'J[j"'''"5 "^'"j »"« w ii« mh'c ru rose «• i)iu;"iiirk n"juij",'ir-ii~'thj king that sum ; and togetlier with it, near double tlio money which had been paid as the queen's portion.* The time fixed for payment of his sister's portion to the duke of Orleans was approaching. 'J'angiers, a fortress from which great benefit was expected, was be- come an additional burden to the crown; and Ruther- ford, who nowconnnanded in Dunkirk, had increased the charge of that garrison to a hundred and twenty thou- sand pounds a year. These considerations had such influence, not only on the kiug, but even on Claren- don, that this uncorrupt minister was tlio most for- ward to .ad\ise accepting a sum of money in lieu of a jdace which he thought the kiug, from the narrow state of his revenue, was no longer able to retain. By the treaty with Bortugal it wius stipulated that Dun- kirk should never be yielded to the Spaniards: France was therefore the only purchaser that remained. D'Estrades was invited over by a letter from the chancellor himself in order to conclude the bargain. Nine hundred thou.sand pounds were demanded. One hundred thousand were offered. The English by de- grees lowered their demand : the French raised their ofier : and the bargain was concluded at 400,000 pounds. The artilleiy and stores were valued at a fifth of the sum. The importance of this sale was not, at that time, sufficiently known, either abroad or at home.f The French monarch himself, so fond of acquisitions, and so good a judge of his own interests, thought that he had made a hard bargain ;t and this sum, in appearance so small, was the utmost which he would allow his ambassador to offer. DECLARATION OF INDULGENCE. December 2C. A new incident discovered such a glimpse of the king's character and principles, as, at first, the nation was somewhat at a loss how to iutei-pret, but such as subsequent events, by degrees, rendered sufficiently plain and manifest. He itisued a declaration on pre- tence of mitigating the rigours contained in the act of uniformity. After expressing his firm resolution to observe the general indemnity, and to trust entirely to the afFectious of his subjects, not to any military power, for the support of Ids throne, ho mentioned the promises of liberty of conscience, coutaiiied in his de- claration of Breda. And he subjoined, that, "as iu the first place he had been zealous to settle the uni- formity of the church of England, iu discipline, cere- mony, and government, and shall ever constantly maintain it ; so as for what concerns the penalties upon those who, living peaceably, do not conform themselves thereunto, through scruple and tenderness of misguided conscience, but modestly and without scandal perform their devotions in their ow n way, he should make it his special care, so far as iu him lay, without invading the freedom of ]]arliament, to incline their wi.sdom next approaching sessions to concur with him in making some such act for that purjiose, .as m.ay enable him to exeicise with a more universal satisfac- tion, that ])Ower of disjiensing which he conceived to be iuherent in him." Here a most important [)reroga- tive was exercised by the kiug ; but under such artful reserves and limitations as might prevent the full dis- cussion of the claim, aiul obviate a breach between him and his parliament. The foundation cf this mea- sure lay much deeper, and was of the utmost couse- quence. • There «-M above h»lf of 500,000 i>oundi rtallv Mid »s the riuccn-» portion t Itappclrs, liowCTcr.frommany of D'EslraOcs's letters, particularly tliat of the 21st of AugiKt, Kiljl, that the kin.' mitht have translirrcd Ouiiklrk to the parliament, who would not hsvc refused to bear the th*ri;ts of it, but wcrx unmllliig to give money to the kini.' for that purpose. 'I'he iiinr. on llic other hand, was jealous lest the parliament should aefiuirt any separate do- minion or authority in a braneh of administration \\)\\ch seempl so little to belong tUiem: a proof that the povenimcnt was n'0L. I. that the duke behaved with great bravery during the action. He was long in the thickest of the fire. The earl of Falmouth, lord Muskerry, and Mr. Boyle were killed by one shot at his side, and covered hiai all over with their brains and gore. And it is not likely, that, in a i)ursuit, where even ])ersons of inferior station, and of the most cowardly disposition, acrpiire courage, a commander should feel his spirits to flag, and should tiiiu from the back of an enemy, whose face he had not bLcn afraiil to encounter. This disaster threw the Dutch into consternation, and determined de Wit, who was the soul of theii- councils, to exert bis niihtaiy capacity, in order to su]iport the decUuing courage of his countrymen. lie went on board the fleet, which he took under his command ; and he soon remedied all those disorders which had been occasioned by the late misfortune. The genius of this man was of the most extensive nature. He quickly became as much master of naval aft";urs, as if he had from his infancy been educated in them ; and he even made improvements in some parts of jiilotage and sailing, beyond what men expert in those arts had ever been able to attain. EUPTURE WITH FRANCE. The misfortunes of the Dutch determined their allieg to act for their assistance and support. The king of France was engaged in a defensive alliar.ce with the States ; but as his naval force was yet in its infancy, he was extremely averse, at that time, from entering into a war with so formidable a power as England. He long tried to mediate a peace between the States, and for that purpose sent an embassy to London, which returned without effecting anything. Lord Hollis, the English ambassador at Paris, endeavoured to draw over Louis to the side of England ; and, in his master's name, made him the most tempting offers. Chai-les was content to abandon all the Spanish Low Countries to the French, without pretending to a foot of ground for himself; provided Louis would allow him to pursue his advantages against the Dutch. But the French monarch, though the conquest of that valuable terri- tory was the chief object of his ambition, rejected the offer .as contrary to his interests : he thought, that if the English had once established an uncontrollable do- minion over the sea and over commerce, they w ould soon be able to render his acquisitions a dear purchase to Iiim. When de Lionne, the French secretary, as- sured A'an Beuninghen, ambassador of the States, that this oft'er had beeu pressed on his master durinf six months ; " I can readily believe it," replied the Dutch- " I am sensible that it is the interest of Eiig- mau ; land Such were the established maxims at that time with regard to the interests of princes. It must however be allowed, that the politics of Charles, in making this offer, wore not a little hazardous. The extreme weak- ness of Spain would have rendered the French con- quests easy ami infalhble: but the vigour of the Dutch, it might be foreseen, would make the success of the English much more precarious. And even were the naval force of Holland totally annihilated, the acijuisi- tion of the Dutch commerce to England could not be relied on as a certain consequence; nor is trade a con- stant attendant of power, but depends on many other and somcof them very delicate circumstances. Though the king of France was resolved to support the Hollanders in that unequal contest in which tliev were engaged ; yet he protracted his declaration, and employetl the tin)e in naval preparations, both in the ocean and the Mediterranean. The king of Denmark meanwhile was resolved not to remain an idle specta- all things as helcft tnem, knew nothing of what hatl passed during hii tcpotc. Nobody gsve him the Iran intimation of it. 1 1 was loOK after, that he htanl of it bv a kind of a..-cidcnt ; and he intended to hive J1lIni^hcd iirounkcr bv martial law ; hut Jus; at>out that time, the house of ei.niin. ns tr<>k nn iji(. quc-xnon and Impeached him, whicli made it iniprjsilde for tlie dulte to pinish him otherwuc than by dismissing him his servic«. liiouiikcr, hcfo.-r Oie hOiiiC, nercr pr'trndcd that he hAi received any onlers from tlie diUtc 6 F ;o THE HISTOIIY OF ENGLAND. a'HAi-. i.xiv. tor of tho contest between the maritime powers. The part wliicli he acted was tlie most extraordinary : he made a secret agreement with Charles to seize all the Dutch sliips in his harbours, and to sliare the spoils with the l^nglish, iirovided they would assist him in executing tliis metisure. In order to iucre:ise his prey, he perfidiously invited the Dutch to take shelter in his ports; and accordingly the Kast India fleet, very richly laden, had put into Bergen. Sandwich, who now com- manded the Knglish navy, (the duke having gone ashore,) dispatched sir Thomas Tiddiman witli a squa- dron to attack them ; but whether from the king of Denmark's delay in sending orders to the governor, or, what is more probable, from his avidity in endea- vouring to engross the whole booty, the English admi- ral, though he behaved with great bravery, failed of his purpose. The Danish governor fired upon him, and the Dutch, having had leisure to fortify themselves, made a gallant resistance. (3rd August.) HUPTURE WITH DENMARK. The king of Denmark, seemingly ashamed of his conduct, concluded with sir Gilbert Talbot, the English envoy, an otiensive alliance .against the States ; and at the very same time, his resident at the Hague, by his orders, concluded an ofi'eusive alliance against England. To this latter alliance he adhered, probably from jea- lousy of the increasing naval power of England ; and he seized and confiscated all the English ships in his liarbours. This was a sensible check to the advan- tages which Charles had obtained over the Dutch. Not only a blow was given to the English commerce ; tho king of Denmark's naval force was also considerable, and threatened every moment a conjunction with the Hollanders. That prince stipulated to assist his ally with a fleet of thirty sail ; and lie received in return a yearly subsidy of 1,500,000 crowns, of wliich 300,000 were paid by France. The king endeavoured to counterbalance these con- federacies by acquiring new friends and allies. He had dispatched sir Richard Fanshaw into Spain, who met with a very cold reception. That monarchy was sunk into a state of weakness, and was menaced with an in- vasion from France ; yet could not any motive prevail with Philip to enter into cordial friendship with Eng- land. Charles's aUiance with Portugal, the detention of Jamaica and Tangiers, the sale of Dunkirk to the French ; all these offences sunk so deep in the mind of the Spanish monarch, that no motive o.? mlerest was suiBcient to outweigh them. The bishop of Muuster was theonlj-aUy that Charles could acquire. This prelate, a mau of restless enter- prise aud ambition, had entertained a violent animosity against the States; and he was e.'sily engaged, by the promise of subsidies from England, to make an incur- sion on that republic. With a tumultuary army of near 20,000 men, he invaded her territories, and met with weak resistance. Tiie land forces of the States were as feeble and ill-governed, as their fleets were gallant and formidable. But after his committing great ravages in several of the provinces, a stop was put to tho progress of this wailike prelate. He had not mili- tary skill sufticient to improve the advantages which fortune had put into his hands : the king of France sent a body of COOO men to oppose him : subsidies were not regularly remitted him from England ; and many of his troops deserted for want of pay : the elec- tor of Brandenburgh threatened him with an invasion in his own state : and on the whole, he was glad to conclude a peace under the mediation of France. On the first surmise of his intentions, sir William Temple was sent from London with money to fix him in his former alliance; but found that ho arrived too late. Tlie Dutch encouraged by all those favourable cir- cumstances, continued resolute to exert themselves to the utmost in their own defence. De Ruitcr, their great admiral, was arrivad from his expedition to Guinea : their Indian fleet was coine homo in safety : their harbours were crowded with merchant ships: faction at homo was appeased : the young prince of Orange had put himsidf uuder the tuition of the States of Holland, and of de Wit, their pensionary, who exe- cuted his trust with honour and fidelity : and the ani- mosity, which tho Hollanders entertained against the attack of the English, so unprovoked, as they thought it, made them tliirst for revenge, and hope for better success in their next enterprise. Such vigour was exerted in the common cause, that, in order to man the fleet, all mercliant ships were prohibited to sail, and even the fisheries weresusiiended. The English likewise continued in the same disposi- tion, tliough-inother more grievous calamity had joined itself to that of war. The plague had broken out in London ; and that with such violence, as to cut otf, in a year, near 90,000 inhabitants. The king wasobUged to summon the parliament at O.xfoi'd. (lOlli October.) FIVE-MILE ACT. A good agreement still subsisted between the king aud parliament. They, on their part, unanimously voted liim the supply demanded, twelve hundred and fifty thousand pounds, to be levied iu two years by monthly assessments. And he, to gratify them, passed the five-mile act, which had given occasiou to grievous aud not unjust complaints. The church, under pre- tence of guarding monarchy against its inveterate ene- mies, persevered in tho project of wreaking her own enmity against the non-conformists. It was enacted, that no dissenting teacher who took not the non-resist- auce oath, above-mentioned, should, except upon the road, come within five miles of any corporation, or ot any place, where he had preached after the act of ob- livion. The penalty was a fine of fifty pounds, aud si.x months' imprisonment. By ejecting the non-confomi- iug clergy from their churches, and prohibiting all se- parate congregations, they had been I'cndered inca- pable of gaining any liveliliood by their spiritual pro- fession. And now, under colour of removing them from places where their influence might be dangerous, an expedient was fallen upon to deprive them of all means of subsistence. Had not the spii-it of the nation undergone a change, these violences were preludes to tho most furious persecution. However prevalent the hierarchy, this law did not pass without ojiposition. Besides several peers, attached to the old parliamentary party, Southampton himself, though Clarendon's great friend, expressed his disap- probation of these measures. But the church party, not discouraged with this opposition, introduced into the house of commons a bill for imposing the oath of non-resistance on tlie whole nation. It was rejected only by three voices. The parliament, after a short session, was prorogued. (31st October.) SEA.- FIGHT OF FOUR DAYS. IGfiG. After France had declaied war, England was evidently overmatched in force. Yet she possessed this advantage by her situation, that she lay between the fleets of her enemies, and might be able, by speedy and well-concerted operations, to prevent their junc- tion. But such was the unhappy conduct of her com- manders, or such the want of intelligence in her minis- ters, that this circumstance turned rather to her pre- judice. Louis had given orders to the duke of Beau- fort, his admiral, to sail from Toulon ; and the French squadron, under his command, consisting of above forty sail, was now commonly supposed to be entering the Channel. The Dutch fleet, to the number of seventy-six sail, was at se.a, under the command of de Ruiter and Tromp, in order to join hiui. The duke of Albemarle aud prince Rupert commanded tho English fleet, which exceeded not seventy-four sail. Albemarle, who, from his successes under the pro- tector, liad too mtich learned to despise the enemy, Chap LXiV.] CHARLES II. 1660—1685. 771 proposed to (Ictacli prince Knpeit with twenty sliips, io Older to oppose the duke of rSeauf'ort. Sir Gcoigo Aysciie, well acipiainted with tlio bravery and condiiet of de Riiitor, protested against the temerity of this resolution: but Albemarle's authority jirevailed. The lemainder of the English set sail to give battle to the Dutch ; wlio, seeing the enemy advance quickly upon them, cut their cables, and prepared for the combat. The battle that ensued is one of the most memorable that we read of in story ; whether we consider its long duration, or the desperate courage with ^^ liicli it was fought. Albemarle made here some atonement by his valour for the rashne.ss of the attempt. No youth animated by glory and ambitious hopes, could exert him.self more than did this man, who was now in the decline of life, and wlio had reached the summit of honours. We shall not enter minutely into particu- lars. It will bo sufficient to mention the chief events of each day's engagement. In the first day (June 1st) sir 'William lierkcley, vice- admiral, leading tlie van, fell into the thickest of the "enemy, was overpowered, and his ship taken. lie him- self was found dead in his cabin, all covered with blood. The English had the weather-gage of the enemy ; but as the wind blew so hard, that they could not use their lower tier, they derived but small advan- tage from this circumstance. The Dutch shot, how- ever, fell chiefly on their sails and rigging; and kv/ I ships were sunk or much damaged. Ch.ain-shot was } at that time a new invention, commonly attributed to de Wit. Sii" John Ilarman exerted himself extremely on this day. The Dutch admiral, Evertz, was killed in engaging him. Darkness parted the combatants. The second day, the wind was somewhat fallen and tlio combat became more steady and more terrible. The English now found, that the greatest valour can- not compensate the superiority of numbers against an enemy who is well conducted, and who is not defec- tive in courage. De Ruiter and A^au Tromp, rivals in glory and enemies from faction, exerted themselves iu emulation of each other ; and de Ruiter had the advan- tiige of diseng.aging and saving his .antagonist, who had been sui rounded by the English, and was in the most imminent danger. Sixteen fresh ships joined the Dutch fleet during the action ; and the English weic 60 shattered, that their fighting ships were reduced to twenty-eight, .and they found themselves obliged to retreat towards their own coast. The Dutch followed them, .and were on the point of renewing the combat, when a calm, which came a little before night pre- vented the eng.ageinent. Next morning, the English were obliged to continue their retreat ; and a ))roper disposition was made for that purpose. The shattered sliips were ordered to stretch .a-head; and sixteen of the most entire fol- lowed them in good order, and kept the enemy in awe. Albemarle himself closed the tout, and pre- sented an undaunted countenance to his victorious foes. The earl of Ossory, son of Ormoud, a gallant youth, who sought honour and experience in every ac- tion thrcughout Europe, was then on board the admi- ral. Albemarle confessed to him his intention rather to blow up his ship and perish gloriously, than yield to the eueni}-. Ossory applauded this desperate reso- lution. About two o'clock, the Dutch had come up with their enemy, and were ready to renew the fight ; when a new fleet was descried from the south, crowding all their sail to reach the scene of .action. The Dutch flat- tered themselves that Beaufort was arrived, to cut ofl^ the retreat of the vanquished ; the English hoped that prince Rupert had come, to turn the scale of action. Albemarle, who had received intelligence of the prince's approach, bent his course towards him. Unhappily, Mr Ocorgo Ayscue, in a ship of a hundred guns, the largest in the fleet, struck on the Galloper sands, and could receive no assistance from his friends, who were hattening to join the rc-enforcemeut. He could not even reap tlie consolation of perishing with honour and revenging his death on his enemies. They were prep.ariug fireships to attack him, and he was obliged to strike. The English sailors, seeing the necessity with the utmost indignation surrendered themselves prisoners. Albemarle and prince Rupert were now detemiined to face the enemy ; and next morning the battle began afresh, with more equal force than ever, and with equal valour. After long cannonading, the flt'ets came to a close combat ; whieh was continued with great vio- lence, till parted by a mist. The English retired first into their harbours. Though the English, by their obstinate courage, reaped the chief honour in this engagement, it is some- what uueert.ain who obtained the victory. The IIol- laiuU'rs toolc a few ships, and having some appearances of advantage, expressed their satisfaction by all the signs of triumph and rejoicing. Dut as the English fleet was repaired iu a little time, and [lut to sea more for- midable than ever, together with many of those ships which the Dutch had boasted to h.ave burned or de- stroyed, all Europe saw, that those two brave nations were engaged in a contest, which was not likely, on cither side, to prove decisive. VICTORY OF THE ENGLISH. Juli/ 25. It was the conjunction alone of the French that could give a decisive superiority to the Dutch. In order to facilitate this conjunction, de Ruiter, having repaired his fleet, posted himself at the mouth of the Thames. The English, under prince Rupert and Albe- marle, were not long in coming to the attack. The numbers of each fleet amounted to about eighty sail; and the valour and experience of the commanders, as well as of the seamen, rendered the engagement fierce and obstinate. Sir Thomas Allen, who commanded the white squadron of the English, attacked the Dutch van, which he entirely routed; and he killed the three admirals who commanded it. 'Van Tromp engaged sir Jeremy Smith ; and during the heat of action, he was separated from de Ruiter and the main body, whether by accident or design was never certainly known. Do Ruiter, with conduct and valour, maintained the com- bat against the main body of the English ; and though overpowered by numbers, kept his station, till night ended the engagement. Next d.ay, finding the Dutch fleet scattered and discouraged, his high spirit sub- mitted to a retreat, which yet he conducted with such skill, as to render it equally honourable to himself as the greatest victory. Full of indignation, however, at yielding the superiority to the enemy, he frequently e.\claimed, " Jly God ! what a wretch am I ? amcng so many thousand bullets, is there not one to put an end to my miserable life?" One de Witte, his .son-in- law, who stood near, exhorted him, since he sought death, to turn upon the English, and render his life a dear purchase to the victors. But de Ruiter esteemed it more wortliy a brave man to persevere to the uttermost, •and, as long as possible, to render service to his coun- try. All that night and next day, the English pressed upon the reiir of the Dutch; and it was chiefly by the redoubled efforts of de Ruiter, that the latter saved themselves in their harbours. The loss sustained by the Hollanders in this action was not very considerable ; but .as violent .animosities had broken out between the two admirals, who engaged all the officers on one side or other, the consternation, which took place, was great among the j)rovince8. Tromp's commission was at last taken from him ; but though sever.al captains had misbehaved, they were so eft'ectually protected by their friends in the magistracy of the towns, that most of them escaped punishment ; many were still continued in their commands. The English now rode incontest.able masters of the sea, and insulted the Dutch in their h.arbours. A detachment under Holmes was sent into the road o{ 772 THE HISTORY OF ENGLAND. rCii,ir. 1,X1V. Vlic, 011(1 Inirncil a luindied and forty mcicliantnien, two men of war, tojjftlicr willi Urandai-is, a lai-gf- anil noli villa<;e on the coast. The J)iitoh morcliants, wlio Jost by this ontprpi'iso, uniting themselves to the Orange faction, oxdaimea against an administration wliieli, thoy pretended, had bronglit such disgrace and ruin on their country. None but tlie firm and intrepid mind of de Wit could iiavo supported itself under sucli a complication of calamities. The king of Trance, apprehensive that the Dutch ■would sink under their misfortunes; at least that de Wit, his friend, might bo dispossessed of the adminis- tration, hastened the advance of the duke of Beaufort. The Dutcli fleet likewise was again equipped ; and, under tlie command of de Ruiter, cruised near the straits of Dover. Prince Rupert with the English ii.ivy, now stionger than ever, came fidl sail upon them. Tlie Dutch admiral thought proper to decline the combat, and retired into St. John's road near Bidloigne. Here he sheltered himself, both from the Englisli and from a furious storm which arose. Prince Rupert too was obliged to retire into St. Ileleij's ; where he stayed some time, in order to repair the damages which he liad sustained. Meanwliilo the duke of Beaufort pro- ceeded up the Channel, and passed the English fleet unporceived: but he did not find the Dutch, as he expected. De Ruiter had been seized with a fever: many of the chief officers had fallen into sickness : a contagious distemper was spread through the fleet: and the States thought it necessary to recall thoni into their harbours, before the enemy could bo refitted. Tlie French king, anxious for his navy, which, with so much care and industry, be had lately built, dispatched orders to Beaufort, to make the best of his way to Brest. That admiral had again the good fortune to pass the English. One ship alone, the Ruby, fell into the hands of the enemy. FIRE OF LONDON. September 3. While the war continued without any decisive suc- cess on either side, a calamity happened in London, which threw the people into great consternation. Fire, breaking out in a baker's house, near the bridge, spread itself on all sides with such rapidity, that no efforts conld extinguish it, till it laid in ashes a considerable part of the cit}'. The inhabitants, without being able to provide effectually for their relief, were reduced to be spectators of their own ruin ; and were pursued from street to street by the flames, which unexpectedly gathered round them. Three days and nights did the fire advance ; and it was only by the blowing up of' houses that it was at last extinguished. The king and duke used their utmost endeavours to stop the progress of the flames; but all their industry was unsuccessful. About four liundred streets, and thirteen tliousand Iiouses, were reduced to ashes. The causes of this calamity were evident. The nar- row streets of London, the houses built entirely of wood, the dry season, and a violent east-wind which blew ; these were so many concun'ing circumstances, which rendered it easy to assign the reason of the de- struction that ensued. But the people were not satis- fied with this obvious account. Prompted by blind r.age, some ascribed the guilt to the republicans, others to the catholics; though it is not easy to conceive how tlie burning of London could serve the purposes of cither party. As the papists were the chief olijects of public detestation, the rumour, which threw the guilt on them, was more favourably received by the peojile. No proof, however, or even ji'-esuniption, after thestriet- est inquiry by a committee ot |iirliament,everappcarcd to authorize such a caluniuy ; yet, in order to give tountenance to the popular prejudice, the inscription cngT.aved by .authority on the monument, ascribed this calamity to that hated sect. This clause was erased liy order of king James, when ho came to the tlu'one; but after the Revolution it was replaced. So credidous, as well as obstinate, are the people, in ]mv lieving everything which flatters their prevaiiiug pas- sion ! The fire of London, though at tliat time a great cal.aiuity, has proved in the issue beneficial both to tlio cily and the kingdom. 'J'lio city was rebuilt in a veiy little time; and care was taken to make tlie streets wider and more regular than before. A discretionary power was .assumed by the king to regulate the distri- bution of the buildings, and to forbid the use of la.th and timber, the materials of which the houses were formerly composed. The necessity was so urgent, and the occasion so extraordinary, that no exceptions w ere taken at an exercise of authority, which otherwise might have been deemed illegal. Had the king been enabled to carry his power still further, and made the houses be rebuilt with perfect regularity, and en- tirely upon one plan, he had much contributed to the convenience, as well as enibellishnieut, of the city. Great advantages, however, have resulted from the .alte- rations, though not carried to the full length. London became much more healthy after the fire. The plague, which used to break out with great fury twice or thrice every century, and indeed was always lurking in some corner or other of the city, has scarcely ever appeared since that calamity. The parliament met soon after, and gave the sanc- tion of Law to those regidations made by roy.al autho- rity; as well as appointed commissioners for deciding all such questions of properly ,as might ar'.se from the fire. They likewise voted a supply of 1,800,000 pounds to be levied, p.artly by a poll-bill, partly by assessments. Though their inquiry brought out no proofs, which could fix on the papists the burning of London, the general aversion against that sect still prevailed ; and complaints were made, probably without much foun- dation, of its dangerous increase. Charles, at the de- sire of the commons, issued a proclamation for the banishment of all priests .and Jesuits ; but the bad execution of this, as well as the former edicts, destroyeil all confidence in his sincerity, whenever he pretended an .aversion tow.ards the catholic religion. Whether suspicions of this nature had diminished the king's popularity, is nncert.ain; but it appears, that the sup- ply w.as voted much later than Charles expected, or even than the public necessities seemed to require. The intrigues of the duke of Buckingham, a man who w.anted only steadiness to render him extremely dan- gerous, had somewhat embarrassed the measures of the court ; and this was the first time that the king found any considerable reason to complain of a failure of confidence in this house of commons. The rising symptoms of ill-humour tended, no doubt, to quicken the steps which were already making towards a peace with foreign enemies. ADV.\NCES TOWARDS PEACE. icri7. Charles began to be sensible, that all the ends for which the war had been undertaken, were likely to prove entirely abortive. The Dutch, even when single had defended themselves with vigour, and were ever;,' day improving in their military skill and preparations. Tliough their trade had suffered extremely, their ex- tensive credit enabled them to levy great sums; anit while the seamen of England loudly complained of want of pay, the Dutch navy was regularly supplied with money aud everything requisite for its subsistence. As two powerful kings now supported them, every place, from the extremity of Norway to the coasts of Baj'onne, was become hostile to the English. And Charles, neither fond of action, nor stimulated by any violent ambition, earnestly sought for means of restor- ing tranquillity to his people, disgusted with a war, which, being joined with the plague andfire, had proved so fruitless and destructive. The first adv.ances towards .an accommodation were made by England. When the king sent for the body Cha-p. I.XIV.] CHARLES II. ICGO— 168-J. 773 of sir William Borlteley, lie insinuated to Uio States his desire of peace on reasonable terms : and their answer corrcspoiulod in the same aniicahle intentions- Charles, however, to maintain the appearance of supe- riority, still insisted that the States shoidd treat at London ; and they agreed to make him this compliment so far as concerned themselves : but being engaged in allianco with tivo crowned heads, they could not, they said, prevail with these to depart in that respect from their dignity. On a sudden, the king went so far on tins other side as to offer the sending of ambassadors to the Hague ; but this proposal, which seemed honour- able to the Dutch, was meant only to divide and dis- tract them, by .affording the English an opportimity to carry on cabals with the disaft'ected party. The offer w.as therefore rejected ; and conferences were secretly held in the queen-mother's apartments at Paris, where llio pretensions of both parties were discussed. The Dutch made equit«ble proposals; either that all things should be restored to the same condition in which they stood before the war; or that both parties should con- tinue in possession of theirprescnt acquisitions. Charles accepted of the latter pro|iosal ; and almost everything was adjusted, except the disputes with regard to the isle of Polerone. This island lies in the East Indies, and was formerly valuable for its produce of spices. The English had been masters of it ; but were dispos- Bcssed at the time when the violences were committed against them at Amboyna. CJromwell had stipulated to have it restored ; and the Hollanders, having first entirely destroyed all the spice-trees, maintainetl, that they had executed the treaty, but thnt theEuglishhad been anew expelled during the course of the war. Charles renewed his pretensions to this island ; and as the reasons on both sides began to multiply, and seemed to require a long discussion, it was agreed to transfer the treaty to some other place ; andCharles made choice of Breda. Lord lloUis and Henry Coventry were the English ambassadors. They immediately desired, that a sus- pension of arms should lie agreed to till the several claims should be adjusted : but this proposal, seemingly so natural, was rejected by the credit of de Wit. That penetrating and active minister, thoroughly acquainted with the characters of princes and the situation of affairs, h.id discovered an opportunity of striking a blow, which might at once restore to the Dutch the honour lost during the war, and severely revenge those injuries, which he ascribed to the wanton ambition and injustice of the English. Whatever projects might have been formed by Charles for secreting the money grauted him by parlia- ment, he had hitherto failed in his intention. The ex- penses of such vast arm.aments had exhausted all the supplies ;* and even a great debt was coutraeted to the seamen. The king therefore was resolved to save, as far .as possible, the last supply of 1,800,000 pounds; and to employ it for payment of his debts, as well those which had boon occasioned by the war, as those which he had formerly contracted. He observed, that the Dutch had been with great reluctance forced into the war, and that the events of it were not such as to inspire them with great desire (X its continuance. The French, he knew, had been engaged into hostilities by no other motive than that of supporting their ally ; and were now more desirous than ever of putting an end to the quarrel. The differences between tiie parties were so inconsiderable, that the conclusion of peace appeared infallible ; and nothing but forms, at least some vain points of honour, seemed to remain for the ambassadors at Breda to discuss. In this situation, Charles, moved by an ill-timed frugality, remitted his prejiarations, and exposed England to one of the greatest affronts which it has ever received. Two small squadrons alone were • Ttu' Out. li ha 1 spci.l on the war near 10 millions of li\Te« a-year, above three millions itfllin;i : a iniuh yrialcr Mini ttinn hail letn {.r.-tnicd by the LnKlilh giarliamcnr. — UXstradcs. :?4th Dtvenib^r, llki.i; 1st Jannary, ]i'A]t]. Twnple. yol. i. p. 7^. 't was pmbably the want of money which cngagctl the kin^ to pay tile seaniea with tickets ; a rontiivaiice which proved so much to t>.eiri*v's equipped ; and during a war with such potent and martial enemies, eveiythiug was left almost in tlie same situation as in times of the most profound tran- quillity. DISGRACE AT CHATHAJL June 10. De Wit protracted the negociations at Breda, and hastened the n.aval preparations. The Dutch fleet ap- peared in the Thames, under the command of de Ruiter, and threw the English into the utmost consternation, A chain had been drawn across the river Medway; some fortihcations had been added to Shecrness and Upnore-castle : but all these preparations were unequal to the present necessity. Sheerness was soon taken ; nor could it be saved by the valour of sir Edward Sprague, who defended it. Having the advantage of a spring-tide and an easterly wind, the Dutch pressed on and broke the chain, though fortified by some ships, which had been there sunk by orders of the duke of Albemarle. They burned the three ships which lay to guard the chain, the JIattliias, the Unity, and the Charles the Fifth. After damaging several vessels, and possessing themselves of the hull of the Royal Charles, which the English had burned, they advanced, with six nien-of-war and five ships, as far as Upnore-castle, where they burned the Royal Oak, the Loy.al London, and the Great James. Captain Douglas, who com- manded on board the Royal Oak, pierished in the flames, though he had an easy opportunity of escaping. " Never was it known," he said, " that a Douglas had left his post without orders.' The Hollanders fell down the Medway without receiving any considerable d.amage ; and it was apprehended, that they might next tide sail up the Thames, and extend their hostilitieseven to the bridge of Lonilon. Nine ships were sunlc at Wool- wich, four at Blackwall : platforms were raised in many places, furnished with artillery ; the train-bands were called out; and every place was in a violent .agitation. The Dutch sailed next to Portsmouth, where they made a fruitless attempt : they met with no better success at Plymouth : they insulted Harwi.h : they sailed ag.ain upon the Thames as far as Tilbury, where tliey were repulsed. The whole coast was in alarm : and had the French thouglit proper at this time to join the Dutch fleet and to invade England, consequences the most fatal might justly have been apprehended. But Louis had no intention to push the victory to such extremities. His interest required that a balance should be kept between the two maritime powers ; not that an uncon- trolled superiority should be given to either. Great indignation prevailed aiilfcngst the English, to see an enemy, whom they regarded as inferior, whom they had expected totally to subdue, and over whom they had gained many honourable ailvautages, now of a sudden ride undisputed masters of the ocean ; burn their ships iu their very harbours, fill every place with confusion, and strike a terror into the capital itself. But though the cause of all these dis.asters could be .ascribed neither to bad fortune, to the misconduct of admirals, nor to the ill behaviour of seamen, but solely to the avarice, at least to the improvidence, of the government, no dangerous symiituins of discontent appeared, and no attempt foran insurrection was made by any of those numerous sectaries, who li.ad been so openly br.andcd for their reljollious principles, and who upon that supposition had been treated with such severity. * In the present distress, two expedients were em- braced : an ai-my of 12,000 men was sudtlenly levied; and the parliament, though it lay under prorogation, was summoned to meet. The houses were very thin ; and the only vote which the commons passed was an address for breaking the army; which was complied Avitli. This expression of jealousy showed the court • Some non confonnlstj, howex'cr, both in Scotland anti Fnplam], hail ktp^ a correspondence with the Males, anU had enteraincii projects for insnrrr. tions, bnt t:iey were too weak even to attempt the execution of than.— D'kls. tr,idj.'s, 13ilt of Oetobcr, lUiO, 774 THE HISTORY OF ENGLAND. [Chap LXIV. what they might cxppct from tliat assembly ; and it was thought more prudeut to prorogue tlioiu till next winter. PEACE OF BREDA. July 10. But the sifjiiiug of the treaty at Brcd.a extricated the king from his present diflicultics. The English ambassadors received orders to recede from those de- mands, whicli, however frivolous in iliemselves, could not now be relinquislied, without acknowledging a superiority in the enem>-. Polerono remained with the Dutch ; satisfaction for the ships Bouaventure .ind Good-hope, the pretended grounds of the quarrel, was no longer insisted on ; Acadie was yielded to the French. The acquisition of New York, a settlement so important by its situation, was the chief advantage ■which the English reaped from a war, in which the national char.icter of br.avery had shone out with lustre, but where the misconduct of the government, especially in the conclusion, had been no less apparent. CLARENDON'S FALL. To appease the people by some sacrifice seemed requisite before the meeting of parliament ; and the prejudices of the nation pointed out tlio victim. 'I'lie chancellor was at this time much exposed to the hatred of the public, and of every party which divided the nation. All the numerous sectaries regarded him as their determined enemy ; and ascribed to his advice and iufluonce those persecuting laws to which tliey Ii.ad lately been exposed. The catholics knew, that while lie retained .any authority, all their credit with the king .and the d\ike would be entirely useless to them, nor must they ever expect any fixvour or indulgence. Even the royalists, disappointed in their s.anguine hopes of preferment, threw a gi'eat load of envy on Clarendon, into whose hands the kina; seemed at first to h.ave resigned the whole power of government. The sale of Dunkirk, tlie bad payment of the seamen, the disgrace at Chatham, the unsuccessful conclusion of the war; all these misfortunes were charged on the chancellor, who, though he had ever opposed the rupture with lloll.and, thought it still his duty to justify what he could not prevent. A building, likewise, of more ex- pense .and magnificence than his slender fortune could afford, being unwarily imdertaken by him, much ex- posed him to public reproach, as if he had acquired great riches by corruption. The populace g.ave it com- monly the .appellation of Dunkirk House. The king liimself, mio had always more revered th.an loved the cliancellor, w.as now totally estranged from !iim. Amidst the dissolute manners of the court, that minister still maintained an inflexible dignity, .and would not submit to .any condescensions, which ho deemed unworthy of his age and character. Bucking- ham, a man of profligate morals, hajipy in his talent for ridicule, but exposed in his own conduct to .all the ridicule which he threw on others, still m.ade him the object of his raillery, and gradually lessened in the king that regard which he bore to his miuister. When any diflicultics arose either for wiiut of power or money, the blame was still thrown on him, who, it was believed, Imd carefully at the Restoration cliceked all lavish con- cessions to the king. A nd, what lierhaps touched Charles more nearly, he found in Clarendon, it is said, obstacles to his pleasures, as well as to his amliition. The king, disgusted willi the homely person of his consort, and desirous of having children, had hearkened to propos.als of obtaining a divorce, on pretence cither of her being pre-eng.aged to .another, or of h.aving made a vow of chastity before her marriage. lie was further stimulated hy his passion for Sirs. Stuart, daughter of a Scotch gentleman ; a l.ady of great beauty, and whose virtue lie had hitherto found impregnahle : but Cl.aren- don, .apprehensive of the consequences attending a dis- pnt:d title, and pcrhaus anxious for the succession of his own gnandchildren, engaged the duke of Richmond to marry Mrs. Stuart, and thereby put an end to the king's hojics. It is pretended that Cliarlcs never for- g.ave this disappointment. When politics, therefore, and inclination both oon- curi-ed to nuike the king sacrifice Clarendon to popular prejudices, the memory of his past services was not able any longer to delay his fall. The great seal was taken from him, and given to sir Orlando Bridgcman, by the title of lord-keeper. Southampton, the trea- surer, was now dead, who had persevered to the utmost in his attachments to the chancellor. The last time he appeared at the council-table, he exerted his friend- sliip with a vigour which neither age nor infirmities coidd .abate. " This man," s.aid he, speaking of Cla- rendon, "isa true protest.ant and an honest Englishman; and while he enjoys power, we are secure of our laws, liberties, and religion. I dread the consequences of his removal." But the fall of the chancellor was not sufficient to gratify the malice of his enemies : his total ruin was resolved on. The duke of York in vain exerted his interest in beh.alf of his father-in-law. Both prince and people united in promoting that violent measure ; and no means were thought so ]iroper for ingiatiating the co\irt with a parliament, which had so long been governed by that very minister, who was now to be the victim of their prejudices. Some popular acts paved the w,ay for the session ; and the parliament, in their first address, gave the king thanks for these instances of his goodness ; and among the rest, they took care to mention his dismission of Clarendon. The king, in reply, assjired the houses, that he would never again employ that noblem.an in any pulilic office whatsoever. Immediately, the charge against him was opened in the house of commons liy Jlr. Seymour, .afterwards sir Edward, and consisted of seventeen articles. The house, without examining pai- ticulars, further than hearing general affirmations that ail would be proved, immediately voted his impeach- ment. JIany of the articles [Sec note C U. at the end of this Vol.] we know to be either false or frivolous ; and such of them as we are less acqn.ainted with, we may fairly presume to be no belter grounded. His advising the sale of Dunkirk seems the heaviest and truest p.art of the ch.arge ; but a mistake in judgment, allowing it to be such, where there appear no symptoms of cor- rujition or bad intentions, it would be very hard to impute as .a crime to any minister. The king's neces- sities, which occasioned that measure, cannot, with any appearance of reason, be charged on Clarendon ; and chiefly proceeded from the over-frugal maxims of the parliament itself, in not granting tiie proper supplies to the crown. When the impeachment w.as carried up to the peers, as it contained an accusation of^ treason in general without specifying any particulars, it seeir^ed not a suifici,-nt ground for committing Clarendon to custody. The precedents of Straftord and Laud were not, by reason of the violence of the times, deemed a proper authority ; but as the commons still insisted upon his commitment, it w.as necess.ary to appoint a free confer- ence between the houses. The lords persevercil in their resolution ; and the commons voted this conduct to he an obstruction to public justice, and a precedent of evil and dangerous tendency. They also chose a committee to draw up a vindication of their own pro- ceedings. Clarendon, finding that the popular torrent, united to the violence of power, ran with impetuosity .against him, and that a defence offered to sucli prejudiced ears, would be entirely ineffectual, thought projier to with- draw. At Calais he wrote .a paper addressed to tho house of lords. He there s.aid that his fortune, which was but moderate, li.ad been gained entirely by the lawful, avowed profits of his office, and liy the volun- tary bounty of the king; that during the first yearfl after the Restoration he had always concuiTcd in Chap. LXIV.] CHARLES II. IGtiO— 1.685. 775 opiuion with the other counsellors, men of such repu- tation that no one could entertain suspicions of their wisdoiu or inti'fjrity ; tliut his credit soon decliuod, and however he might disapprove of gome measures, he found it vain to oppose them ; that liis repugnance to the Dutch war, the source of all the public grievances, was always generally known, as well as his disappro- bation of many unhappy steps taken in conducting it ; nnd that whatever pretence might he made of public oflFences, his real crime, that whicli had exasperated his powerful enemies, was his frequent ojipositiou to exorbitant grants, which the importunity of suitors had extorted from his majesty. CLARENDON'S BANISHMENT. The lords transmitted this paper to the commons, under the appellation of a libel : and by a vote of both houses, it was condemned to bo burned by the hands of the hangman. The parliament next proceeded to exert their legislative power against Clarendon, and passed a bill of banishment and incapacity, wliich re- ceived the royal assent. He retired into France, where he lived in a private manner. Ue survived his banishment six years ; and he employed his leisure chiefly in reducing into order the History of the Civil Wars, for which he had before collected materials. The performance does honour to his memory; and, except Whitlocke's Memorials, is the most candid account of those times, composed by any contemporary author. Clarendon was always a friend to the liberty and constitution of his country. At the commencement of the civil wars, he had entered into the late king's ser- vice, and was honoured with a great share in the esteem and friendship of that monarch : he was pui-- sued with unrelenting animosity by the long parlia- ment : he had shared all the fortunes, and directed all the counsels, of the present king during his exile : he had been advanced to the highest trust and offices after the Restoration : yet all these circumstances, which miglit naturally operate with such force either on re- sentment, gratitude, or ambition, had no influence on his uncornipted mind. It is said, that when he first engaged in the study of the law, his father exliorted him with great earnestness to sliun the practice, too common in tliat profession, of straining every point in favour of prerogative, and perverting so useful a sci- ence to the oppression of liberty: and in the midst of these rational and virtuous counsels, which he reite- rated, he was suddenly seized witli an apoplexy, and expired in his son's presence. Tliis circunislauce gave additional weight to the principles which he in- culcated. The combination of king and subject to oppress so good a minister affords, to men of opposite dispositions, an equal occasion of inveighing against the ingratitude of princes, or ignorance of the people. Charles seems never to have mitigated his resentment against Claren- don ; and the national prejudices pursued him to his retreat in France. A company of English soldiery, being quartered near him, assaulted his house, broke open the doors, gave him a dangerous wound on the head, and would have proceeded to the last extremities, had not their officers, hearing of the violence, happily interposed. lG(i8. The next expedient which the king embraced, in order to acquire popularity, is more deserving of praise ; and, had it been steadily pursued, would pro- bably have rendered his reign hapjiy, certainly his memory respected. It is the Triple Alliance of which I speak ; a measure which gave entire satisfaction to the public. STATE OF FRANCE. The glory of France, which had long been eclipsed, either by domestic factions, or by the superior force of the Spanish monarchy, began How to Lroak out with great lustre, and to engage the attention of the neigh- bouring nations. Tlie independent power and muti- nous spirit of the nobility were subdued: the popular pretensions of the parliament restrained : the hugonol parly reduced to subjection: that extensive and fertile country, enjoying every advantage both of climate and situation, w.is fully peopled with ingenious and indus- trious inluibitants : and while the spirit of the nation discovered all the vigour and bravery requisite for great entcrprisos, it was tamed to an entire submission under the will of the sovereign. CHARACTER OF LOUIS XIV. The sovereign who now filled the throne was well adapted, by his personal character, both to increase and to avail himself of these advantages. Louis XIV., endowed with every quality which could enchant the people, possessed m.iny which merit tlie approbation of the wise. The masculine beauty of his person was embellished with a noble air : the dignity of his beha- viour was tempeifed with aflability and politeness : ele- gant witliout effeminacy, addicted to pleasure without neglecting business, decent in his very vices, and be- loved in the midst of arbitrary power, he surpassed all contemporary monarchs, as in grandeur so likewise in fame and glory. Ilis ambition, regulated by prudence, not by justice, had carefully provided every means of conquest ; and before he put himself in motion, he seemed to have absolutely ensured success. Ilis finances were brought into order : a naval power created : his armies in- creased and disciplined : m.igazines and military stores provided : and tliough the magnificence of his court was supported beyond all former example, so regular was the economy observed, and so willingly did the people, now enriched by arts and commerce, submit to multiplied taxes, that his military force much exceeded what in any preceding age had ever been employed by any Eurojjean monarch. The sudden decline and almost total fall of the Spanish monarchy opened an inviting field to so enter- prising a prince, and seemed to promise him easy aiul extensive conquests. The other nations of Europe, feeble or ill-governed, were astonished at the greatness of his rising empire: and all of them cast their eyes towards England, as the only power which could save them from that subjection with which they seemed to be so nearly threatened. The animosity which had anciently subsisted between the English and French nations, and which had been suspended for above a century by the jealousy ot Spanish greatness, began to revive and to exert itself. The glory of preserving the balance of Europe, a glory so much founded on justice and humanity, flattered the ambition of England ; and the people were eager to provide for their own future security, by opposing the progress of so hated a rival. The prospect of embrac- ing such measures had contributed, among other rea- sons, to render the pcice of Breda so universally ac- ceptable to the nation. By tlie death of Diilip IV., king of Spain, an inviting opportunity, and some very slender pretences, had been afl'orded to call foith the ambition of Louis. At the treaty of the PjTCnees, when Louis espoused the Spanish princess, he had renounced every title of succession to every part of the Spanish monarchy : and this renunciation had been couched in the most accurate and most precise terms that language could afford. But on the death of liis father-in-law, lie re- tracted his renunciation, and pretended that natural rights depending on blood and succession could not be annihilated by any extorted deed or contract. Philip had left a son, Charles II. of Spain; but as the queen of France was of a former marriage, she laid claim to a considerable province of the Spanish monarchy, even to the exclusion of her brother. Bv the customs of 776 THE HISTORY OF ENGLAND I Chap. L\1V. fiomc parts of BraLant, a female of a first marriage was preferred to a male of a secoud, in the succession to private inherilaiiccs ; and Louis thence iuferred, tliat his queen liad acquired a right to the dominion of that important duchy. FRENCH INVASION OF THE LOW COUNTRIES. A claim of this nature was more properly supported liy military force, than by argument and reasoning. Louis .appeared on tlie frontiers of tlie Netlierlands with an army of 40,000 men, commanded by the best generals of the age, and provided witli everything uecessary for action. The Spaniards, though tliey might have foreseen this measure, were totally unpi'e- p.ared. Their towns witliout magazines, fortifications, or garrisons, fell into the hands of the French king, as soon as he presented himself before them. Atlie, Lisle, Tournay, Oudenarde, Courtray, Charleroi, Binche, were immediately taken : and it was visible that no force in the Low Countries was able to stop or retard the pro- gress of the French arms. This measure, executed with such celeiity and suc- cess, gai'e great alarm to ahnost every court in Europe. It had been observed witli wliat dignity, or even haugh- tiness, Louis, from the time lie began to govern, liad ever supported all liis rights and pretensions. D'Es- trades,tlie French ambassador, and Watteville, the Spa- nisli, having quarrelled in London, on account of tlieir claims for precedency, the French monarch was not satisfied till Spain sent to Paris a solemn embassy, and promised never more to rev ive such contests. Crequi, his ambassador at Rome, had met with an atfront from the pope's guards ; tlie pope, Alexander VII, , had been constrained to break bis guards, to send liis nephew to ' ask pardon, and to allow a pillar to be erected in Rome itself, as a monument of his own humiliation. The king of England too had experienced the high spirit and unsubmitting temper of Louis. A preteusion to superiority in the English flag having been advanced, the French monarch remonstrated with such vigour, and jirepared himself to resist witli such courage, that Charles found it more prudent to desist from bis vain and antiquated claims. The king of England, said Louis to his ambassador D'Estrades, may know my force, but he knows not the sentiments of my heart : everything appears to me contemptible in comj^arison of glory.* These measures of conduct had given strong indications of his cliaracter : but the invasion of Flan- ders discovered an ambition wliicli, being supported by such overgrown power, menaced the general liberties of Europe. As no state lay nearer the danger, none was seized with more terror tlian the United I'roviuces. They were still engaged, together with France, in a war against England ; and Louis had promised them that he would talvc no step against Spain without previously informing them: but, contrary to tliis assurance, he kept .1 total silence, till on the very point of entering ■upon action. If the renunciation made at the treaty of the Pyi-euees was not valid, it was foreseen, tliat upon tlic death of tlie king of Spain, a sickly infant, the wliole monarchy would bo claimed by Louis, alter which it would be vainly expected to set bounds to his pretensions. Oiarles, acquainted witli these well- grounded apprehensions of the Dutch, had been the more obstinate in insisting on his own conditions at Breda ; and by delaying to sign the treaty, had impru- dently exposed himself to the signal disgrace which he received at Chatham. Do AVit, sensible that a few weeks' delay would be of no consequence in the Low Countries, took this opportunity of striking an impor- tant blow, and of tinisliing the war with honour to him- self and to liis country. < Mill laniuiry, 1602. NEGOCIATIONS. Negociatious meanwhile commenced for the savin' of Flanders ; but no resistance was made to the French arms. The Spanish ministers exclaimed everywhere against the flagrant injustice of Louis's pretensions, and represented it to be the interest of every power in Europe, even more than of Spain itself, to prevent liig conquest of tlie Low Countries. The emperor and th'» German princes discovered evident symptoms of dis- content; but their motions were slow and backward. The States, though terrified at the prospect of having their frontier exposed to so formidable a foe, saw no resource, no means of safety. England indeed seemed disposed to make opposition to the French; but the variable and impolitic conduct of Charles kept that republic from making him any open advances, by which she might lose the friendship of France, without ac- quiring any new .ally. And though Louis, dreading a combination of all Europe, had oft'ered terms of accom- modation, the Dutch apprehended lest these, either from the obstinacy of the Spani.ards, or the ambition of the French, should never be carried into execution. Charles resolved with great prudence to t.ake tho first step towards a confederacy. Sir William Teuipli', his resident at Brussels, received orders to go secretly to the Hague, and to concert with the States the means of Sitving the Netherlands. This man, whom philo- sophy had taught to despise the world, without render- ing hini "unfit for it, w as frank, open, sincere, superioi- to the little tricks of vulgar politicians; and meeting in de Wit with a man of the same generous and enlarged sentiments, he immecjiately opened his master's inten- tions, .and pressed a speedy conclusion. A treaty was from the fii-st negoeiated between these two statesmen with the same eoi'diality as if it were a private trans- action between intimate companions. Deeming the in- terest of their country the same, they gave full scope to that sympathy of character which disposed them to an entire reliance on each other's professions and en- gagements. And though jealousy against the house of Orange might insiiire de Wit with an aversion to a strict union with England, ho generously resolved to sacrifice all private considerations to the public service. Temple insisted on an offensive league between England and Holland, in order to oblige Fi'ance to relin- quish all her conquests : but de Wit told him, that this measure was too bold and precipitate to be agreed to by the St.ates. He said, that the French were the old and constant allies of the republic; and, till m.at- ters came to extremities, she never would deem it pru- dent to abandon a friendship so well established, and rely entirely on a treaty with England, which had lately \raged so cruel a war against her: that ever since the reign of Elizabeth, there h.td been such a fluctuation in the English councils^ that it was not pos- sible, for two years together, to take any sure or certain measures with that kingdom : that though the present ministry, having entered into views so conformable to national interest, promised greater firmness and con- stancy, it might still be unsafe, in a business of such consequence, to put entire confidence in them : that the French monarch was young, haughty, and power- ful ; and if treated in so inqierious a manner, would exposehimself to the greatest extremities rather than submit : that it was suificient, if he could bo con- strained to adhere to the offers whicli he himself had already made; and if the remaining provinces of the Low Countries could be thereby saved from the dan- ger, with wliich they were at present threatened : and that the other powers, in Germany and the nor,tli, whose assistauce they might expect, would be satis- fied with putting a stop to the French conquests, with- out pretending to recover the places already lost. The English minister was content to accept of the terms proposed by the pensionary. Louis had offered to relinquish all thejjneen's rights, on condition either CUAP LXIV^.j CHARLES II. 1600— I68d. ?77 of keeping the conquests wliicli lie had niado hist cam- paign, 01- of receiving, in lien of them, riancIiecoMite, together witli Cambray, Aire, and St. Omers. De Wit and Tenijile ionuded their treaty upon this projiosal. They agreed to ofter their mcdiatiou to the contemling powers, and oblige Fiance to ai'.here to tliis.ilternativc, and Spain to accept of it. If Spain refused, they U'need, tliat France bhonld not prosecute her claim liv arms, biitle.avc it entirely to England and Holland to eniplov force for making the terms eft'ectiial. And the remainder of the Low Countries they thenceforth guaranteed to Spain. A defensive alliance -was liUe- wise concluded between Holland and Kngland. The ai'ticles of this confederacy were soon adjusted by such candid and able ncgociators : but the greatest difficulty still remained. I(y the constitution of the republic, all the towns in all the provinces must give their consent to every alliance ; and besides that this formality could not be di.spatched in less than two months, it was ju.stly to be dreaded, that the influence of France would obstruct the passing of the treaty in some of the smaller cities. D'l'.strades, the French ambassador, a man of abilities, hearing of tlie league which was on the carpet, treated it lightly; "Six weeks henre," said he, " we shall speak to it." To obviate this dilTiculty, de Wit had the courage, for the ])ublic good, to break tlirough the laws in so funda- mental an article; and by his authority, lie prevailed with the states-general at once to sign and ratify the league: (IMth January:) though they acknowledged that, if tluit measure should displease their constitu- ents, they risked their heads by this irregularity. After sealing, all parties embraced with great cordi- ality. Tenijdc cried out, "At Hreda, as friends: here, as brothers." And de Wit added, that now the mat- ter was finished, it looked like a nuracle. TRIPLE LEAGUE. Koom had been left in the treaty for the accession of Sweden, which was soon after obtained ; and thus wa.s concluded in five days their triple league; an event received with equal surjirise and approbaviou by the world. Notwithstanding the unfortunate conclusion of the last war, England now ajqieared in her proper Efation, and by this wise conduct, had recovered all het influence and credit in Em-ope. Temple likew ise received great applause ; but to all the compliments i!:ade him on the occasion, he modestly replied, that to remove things from their centre, or proper element, required force and labour ; but that of themselves they easily returned to it. The F:ench monarch was extremely displeased w ith this measure. Not only bounds were at present set to his ambition : such a barrier was also raised as seemed forever impregnable. And though his own ofi'er was made the foundation of the treaty, he had jjrcscribcd so short a time for the acceptance of it that he still ex- pected, from the delays and reluctance of Spain, to find some opportunity of eluding it. The court of Madrid showed equal displeasure. To relinquish any part of the Spanish jirovinces, iu lieu of claims, soap- ])arently unjust, and these urged with such violence and haughtijiess, inspired the highe£,t disgust. Often did the Spaniards threaten to abandon entirely the Low- Countries, rather than submit to >-o cruel a mortifica- tion ; and they endeavoured, by this menace, to terrify the mediating pow-ers into more vigorotis measu]-es for their sujiport. But Temple and de Wit were better acquainted with the views and interests of Spain. They knew, that she must still retain the Low- Countries, as a bond of connexion with tlie other European powers, who alone, if her young monarch should hajipcn to die without issue, could ensure her independency against the pretensions of France. They still urged, therefore, the terms of the triple league, and threatened Spain v.itli war in case of refusal. The jlenipotentiaries of all the powers met at Aix-!a-ChapelIe Temple was Vot. I. minister for England; Van Betminghen for Holijuid; D'llona for Sweden. TREATY OF AIX-LA-CHAPELLE. Spain at last, pressed on all hands, accepted of the alternative offered ; but in her very compliance, she gave strong symptoms of ill-humour and discontent. It had been apparent, that the Hollanders, entirely noglecling the honour of the Spanish monarchy, had been anxious only for their own security ; and, pro- vided they could remove Louis to a distance from their frontier, were more indiifer?nt what piogrcss ho made iu other places. Sensible of those views, the queen-re- gent of Spain resolved still to keep them in an anxiety, which might for the future bo the foundation of an union more intimate than they w-ere willing at present to enter into. Franchecomte, by a vigorous and well- concerted plan of the French Icing, had been con- quered, in fifteen days, during a rigorous season, and in tlic midst of winter. She chose, therefore, to re- cover this province, and to abandon all the towns con- quered in Flanders duiing the Last campaign. By this means Louis extended his garrisons into the heart of the Iiow- Countries; and a very feeble barrier remained to the Spanish provinces. But notwithstanding the advantages of his situation, the French monarch could entertain small hopes of ever extending his conquests on that quarter, whieli lay the most exposed to his ambition, and wiiere his acquisitions were of most importance. The triple league guaranteed the remaining provinces to Spain : and the emperor and other powers of Germany, whoso interest seemed to be intimately concerned, were in- vited to enter into the same confederacy. Spain her- self, having, about this time, under the mediation of Charles, made pence on equal terms with Portugal, might be expected to exert more vigour and opposi- tion to her haughty and trium]diant rival. The great satisfaction, exprcssrofcssed all submis- sion to the Icing : they desired only the re-establish- ment of presbytery and of their former ministers. At Chap. LXlV.] CHARLES II. 1660—168,1 773 many gGiUloinon of tlieir ] ;irty hail been confined on suspicion, Wallace and Leaiinont, two officers, wlio had served, but in no high ranlc, were intrusted hy tiie liopulace with tlie conunaud. Their force never ex- ceeded two thousand men; and thougli the country in i;cnoral bore them favour, men's spirits were so sub- dued, that tlio rebels could expect no further acces- sion of nnmhers. Dalzicl took the fiild to oppose their progress. Their number was now diminished to eight iuindred ; and these, having advanced near Kdinburgh, attcmiited to find their way back into the west by Pcntland Hills. They were attacked by tlic king's forces.* Finding that they could not escape, they stopped their nnirch. Their clergy endeavoured to in- fuse courage into them. After singing some psalms, the rebels turned on the enemy ; and being assisted by the advantage of the ground, they received the first charge very resolutely. But that was all the action : immediately they fell into disorder, and lied for their lives. About forty were killed on the spot, and a linndred and thirty taken prisoners. The rest, fa- voured by the night, .and by the weariness, and even by the pity of the king's troops, made their escape. The oppressions which these people had suffered, the delusions under which they laboured, and their inoffen- sive behaviour during the insurrection, made them the objects of compassion. Yet were the king's ministers, particularly Sliarpe, resolved to take severe vengeance. Ten were hanged on one gibbet at Edinburgh : thirty- five before their own doors in different jdaces. These criminals might all have saved their lives, if they would have renounced the covenant. The executions were going on, when the king put a stop to them. He said, that blood enough had already been slied, and he wrote a letter to the privy-council, in which he oidered that such of the prisoners as should simply iimmise to obey the laws for the future, should be set at libeily, and that the incorrigible should be sent to the plantations. This letter was brought by Dnrnet, archbishop of Glas- gow ; but not being immediately delivered to the coun- ril by Bharpe, the president, one jVIaccail, had in the interval been put to the tortnre,nnder which he expired. He seemed to die in an ecstasy of joy. " Farewell sun, moon, and stars; farewell world .and time; farewell weak and frail body ; welcome eternity, welcome angels and saints, welcome Saviour of the world, and welcome God, the Judge of all !" Such were his last words; and these animated speeches he uttered with .an accent and manner, which struck all the bystanders with astonishment. AFFAIRS OF IRELAND. The settlement of Ireland, after the Restoration, was a work of greater difficulty than that of England, or even of Srotl.and. Not only the power, during the former usurpations, had there been vested in the king's enemies : the whole property, in a manner, of the king- dom bad also been changed ; and it became necessary to redress, but with as little violence as possible, many ;;rievous h.ardships and iniquities, which were there contplained of. The Irish catholics had in Ifi'lB concluded a treaty wills Ormond, the king's lieutenant, in which they had stipulated pardon for their past rebellion, and had en- {pged, muter certain conditions, to assist the royal cause ; .and though the violence of the priests and the bigotry of the people had prevented, in a great measure, the execution of this treaty ; yet were there many, who having strictly, at the hazard of their lives, .ad- hered to it, seemed on that account well entitled to reap the fruits of their loy.alty. Cromwell having, without distinction, expelled all the n.ative Irish from the three provinces of JIunster, Leinster, and Ulster, had con- fined them to Connaught and the county of Clare ; and among those who had thus been forfeited, were many ■whose innocence was altogether unquestioiiiible. Se- • 23lii of NoTOiil)<.r, law. ver.al protestants likewise, and Ormond among therctt h.ad .all along opposed the Irish rebellion ; yet having afterwards embraced the king's cause ag.ainst the par- liament, tliey were all of them attainted by Cromwell. And there were many ofiieers who had, from the com- mencement of the insurrection, served in Ireland, and who, because they would not desert the king, had been refused all their arrears by the English common- wealth. To all these unhappy sufferers some justice seemed to be due : hut the ditiieulty was to find tlie means of redressing such great and extensive iniquities. Almost all the valuable parts of Ireland had been measured out and divided, either to the adventurers, who had lent money to the parliament for the suppression of the Irish rebellion, or to the soldiers, who had received land in lieu of their arrears. These could not be dis- possessed, because they were the most powerful and only armed part of Ireland; because it w.as requisite to favour them, in order to support the protestant and English interest in that kingdom ; and because they li.ad generally, with seeming zeal and alacrity, concur- red in the king's restoration. The king, therefore, issued a proclamation, in which he promised to m.ain- tain their settlement, and at the same time engaged to give redress to innocent sufferers. There was a quan- tity of land as yet undivided in Ireland ; and from this and some otlu'r funds, it was thought possible for the king to fulfil both tlicse engagements. A court of claims was erected, consisting altogether of I'.uglish commissioners, who had no councxion with any of the parties, into which Ireland was divided, liefore these were laid four thousand claims of peisons ciaving restitution on account of their innocence ; and the commissioners had found leisure to examine only si.K hundred. It already a]ipearecl, that, if all these were to be restored, the funds, wlienci' the adventurers and soldiers must get reprisals, would fall short of giving them any tolerable satisfaclion. A great alarm and anxiety seized all ranks of men : the hopes and fears of every party were excited : these eagerly grasped at recovering their paternal inheritance : those were resolute to niaint.ain tlieir new acquisitions. Tlie duke of Ormond was created lord-lieutenant; being the only person, whose prudence and equity could compose such jai ring interests. A parliament was as- sembled at Dublin ; and as the lower house was almost entirely chosen by the soldiers and adventurers, who still kept possession, it was extremely favourable to that interest. The house of peers showed greater im- partiality. An insurrection w.as projected, together with a snr- prisal of the castle of Dublin, by some of thedish.anded soldiers ; hut this design was happily defeated hy the vigilance of Ormond. Son* of the criminals were punished, lilood, the most desperate of them, escaped into England. 15ut affairs could not long remain in the confusion and uncertainty into which they had fallen. All par- ties seemed willing to .abate somewhat of their ]iretcn- sions, in order to attain some stability ; and Ormond interposed his authority for that purpose. The soldiers and adventurers .agreed to reliiuiuish a third of their possessions ; and .as they had purchased their lands at very low prices, they had reason to think thcTuselves favoured liy this composition. All those, who had been attainted on account of their adhering to the king, were lestored ; and some of the innocent Irish. It was a hard situation, that a, man w.as obliged to prove him- self iimocent in order to recover possession of tho estate which he and liis ancestors had ever enjoyed: but the hardship was augmented, by the difficult con- ditions annexed to this proof. If the person had ever lived in the quarters of the rebels, he was not admitted to plead his innocence ; and he was, for that reason alone, supposed to have been a rebel. The lieinous guilt of the Irish nation made men the more readily overlook any iniquity, wliich might fiiU ou indi^idnak, THE HISTORY OF ENGLAND. 780 and it was consiaei-ca, that, tliowgli it he always tlie interest of all good government to prevent injustRO, it is not always possible to remedy it, after it lias had long course, and lias been attended with great unccesscs. Ireland began to attain a state of some composure •when it was'disturbed by a violent act, passed by the KuMisli parliament, which prohibited the importation of Irish cattle into Kn^'hind. Ormond remonstrated etronglv against this law. lie said, that the present trade? carried on between England and Ireland, was extremely to the advantage of the former kingdoin, which received only provisions or rude materials, in return for every species of manufacture : that if the cattle of Ireland were prohibited, the inhabitants of that island had no other commodity, by whicli they j could pay England for their importations, and must i have recourse to other nations for a supply : that the industrious inhabitants of England, if deprived of Irish provisions, which made living cheap, would be obliged to augment the price of labour, and thereby render tlieir manufactures too dear to be exported to foreign markets: that the indolent inhabitants of Ireland, find- ing provisions fall almost to notliing, would never bo induced to labour, but would perpetuate to all genera- lions their native sloth and barbarism : that by eutiing off almost entirely tlie trade between the kingdoms, all the natur-al bands of union were dissolved, and nothing remaiued to keep the Irish in their duty but force and violence : and tliat, by reducing that kingdoin to ex- treme poverty, it would be even rendered incapable of maintaining that military power, by which, during its well-grounded discontents, it must necessarily be re- tained in subjection. The king was so much convinced of the justness of these reasons, that he used all his interest to opjiose the bill, and he openly declared, that be could not give his i-issent to it with a safe conscience. But tlie commons were resolute in tlieir purpose. Some of the rents of England bad fallen of late years, which had been ascribed entirely to the importation of Irish cattle : several intrigues bad contributed to inilame that pre- judice, particularly those of Buckingham and Ashley, who were desirous of giving Ormond disturbance in his government : and the spirit of tyranny, of which nations are .as susceptible as individuals, had extremely ani- mated the English to exert their superiority over their dependent state. No affair could be conducted with gi-eater violence than this was by the commons. Tlicy even went so far in the preamble of the bill as to de- clare the importation of Irish cattle to be a /misance. liy this expression they gave scope to their passion, and at the s.ame time haned' the king's prerogative, by which he might think himself entitled to dispense with a law so fnli of injustice and baipolicy. The lords expunged the word : but as the king was sensible th.at no supply would be given by the commons, unless they were gratified in their prejudices, he was obliged botli to employ his interest with the peers for making the bill pass, and to give the royal assent to it. lie could not, Iiowever, forbear expressing his displeasure at the jealousy entertained against him, and at the intention "which the commons discovered of retrenching his prerogative. This law brought great distress for .some time upon tiie Irish ; but it !i.as occasioned their applying with {Ti-eater industry to manufactures, and has proved in tlie issue beneficial to that kingdom. [Ch.vp. I.XV. CHAPTER LXV. L Parliamtm The C'ntial their Cliaranci! llitir Cnunscl! Alll- •inc" with Fr.-nicc A C'lrlianiciit C:. vcnm- Act Ulfioil s Cnmo« III, kc declares liimwlflathnlic ExchciluerShut l)e-l«rali'.nof Induleence \ttflck of the Smvma Klcct V. ar declared with Hol- land— Wcntuet! of thf Swecs Bank of Solclay Sandineh kil.etl — — I'rogrcss of the French Consteniallon of the Dutch i'nnee of Oraree St«dth,.Mcr Massacre of inc l)e Win GooicUinp;l'.ani, who was in groat favour with the kinp-, and carried on many intrigues among the commons, had also endeavoured to support connexions with tlie non- conformists ; and he now ibrmed a scheme, in concert with the lord-keeper, sir Orlando Uridgenian, and the chief justice, sir Matthew Ilalc, two worthy jiatriots, to put an end to tliose severities under wliich these religionists had so long laboured. It was [nopospd to reconcile tlie presbylerians by a comprehension, and to I grant a toleration to the independents .and other sec- taries. Favour seems not, by this scheme, as by others embraced during the present reign, to have been in- tended the catholics : yet were tlie zealous commons so disgusted, that they could not be prevailed on even to givcthe king thanks for the triple league, however laudable that measure was then, and has ever since been esteemed. They immediately voted an address for a proclamation .against conventicles. Their request was complied with ; but as the king still droi)ped some hints of his desire to reconcile his protestant subjects, the commons p.assed a very unusual vote, that no man should bring into the house any hill of that nature. The king in vain reiterated his solicitations for supply ; represented the necessity of equipping a iieet ; and even offered, that the money which they should grant shonhl be collected and issued for that purpose by commis- sioners appointed by the house. Instead of complying, the commons voted an inquiry into .all the miscarriages during the late war ; the slackening of sail afler the duke's victory from false orders delivered by Rrounkor, the miscarriage at Berghen, the division of the fleet under prince Rupert and Albemarle, the disgrace at Chatham. Brounker was cupelled the house, and ordered to be impeached. Commissioner Pet, who had neglected orders issued for the security of Chatham, met with the same fate. These impeachments were never prosecuted. The house at length, having been indulgel in all their prijudicos, were prevailed with to vote the king three hundred and ten tlumsand pounds, by an imposition on wine and other liquors; after >vliich they were adjourned. riiblic business, besides being retarded by the dis- gust of the commons against the tolerating maxims of the court, met with obstructions this session from a quarrel between the two houses. Sliinner, a riidi mer- chant in London, having suffered some injuries from the Kast India Company, laid the matter by petition before the house of lords, by whom he w.as relieved in costs and damages to the amount of five thousand pounds. The commons voted, that the lords, in taking cognizance of this affair, originally, without any ajqieal from inferior courts, had acted in a manner not agree- able to the laws of the land, and tending to deprive the subject of the right, ease, and benefit due to iiim by these laws; and that Skinner, in prosecuting the suit after this manner, had iniViuged the privileges of the commons : for which offence they ordered him to be taki'u into custody. Some conferences ensued between the houses ; where the lords were tenacious of their riyht of judicature, and maintained that the method in which they had exercised it was quite regular. The commons rose into a great ferment ; .and went so far .as to vote, that " whoever should be aiding or .assisting in putting in execution the order or sentence of the house of lords, in the case of Skinner .against the East India Company, should be deemed a belr.ayer of the rights and liberties of the commons of England, and an infringer of the privileges of the house of commons." They rightly judged, that it would not be easy, .after this vote, to find any one who would venture to incur their indignation. The proceedings indeed of the lords Becm in this ease to h.ave been unusual, and without precedent. IC.f). The king's necos.sitii'n obliged him again to asseuililo the iiarliament, (19th October,) who showed some disposition to relieve him. The price, however, which lii^ must pay for this indulgence, w.as his yielding to new l:\ws against conventicles, llis complaisance in this particular contributed more to gain the commons than .all the pompous pretences of supporting the triple alliance, that jjr.pular measure by which he expected to make such advantage. The quarrel between tlin two houses was revived ; and .as the commons h.ad voted only four hundred tlionsanil pounds, with which the king was not satisfied, he thought proper, before they had carried their vote into a law, to jirorogue them. (11th December ) The only business finished this .short session, was the receiving of the report of the com- mittee appointed for examining the public accounts. On the tirst ins[iection of this report, there appears .a great sum, no less than a million and a half, nnaccountej for; and the natural inference is, that the king had much abused the trust reposed in him by parliament. But a more accnr.ate inspection of p.articulars serves, in a great measure, to remove this imputation. The king indeed went so far as to tell the parliament from the throne, " That he bad fully informed himself of that mattcr,and did aflirm, that no part of those moneys which they had given him had been diverted to other uses, but, on the contrary, besides all those supplies, .a very great sum had been raised out of his standing re- venue and credit, and a very great debt contracted ; and all for the w.ar.'' Though artificial pretences have often been employed by kings in their speeches to par- liament, and by none more than Charles, it is somewhat difficult to suspect him of a direct lie and falsehood. He must have had some reasons, and perhaps not un- plausible ones, for this affirmation, of wliich all his hearers, as they bad the .accounts lying before them, were at that time competent judges. [See note G X, al the end of tliis Vol.'] The method which all ]iarliaments had hitherto fol- lowed, was to vote ■". particular sum for the supply, without any distinction, or any appropriation to par- ticular .services. So long .as the demands of the crown wiTO small and casual, no threat inconveniences aro.so from this practice. But as all the measures of govern- ment were now changed, it must be confessed, that, if the king made a just apidication of ptiblic money, this inaccurate method of proceeding, by exposing liim to suspicion, was prejudicial to him. If he were inclined to act otherwise, it was equally hnrtfid to the people. For these reasons, a contrary practice, during all the late reigns, has constantly been followed by the com- mons. IG70. When the parliament met (blth February) after the prorogation, they entei'cdanew upon the busi- ness of suiqjly, and granted the king an additional dnt}', ( Spanish wine imported, eight on each tun of French. A law also passed einjiowering him to sell the fee-farm rents ; the l.ast remains of the demesnes, by which the ancient kings of England had been supported. By this expedii'Ut, he obtained some snp]]ly for his present necessities, but left the crown, if possible, still more dependent than before. How much money might be raised by these sales, is uncertain ; but it could not bo near one million eight hundred thousand pounds, the sum assigned by some writers.* The .act against conventicles )).assed, and received the royal assent. It bears the appearance of mitigating the former persecuting laws ; but, if we may judge by the spirit, which had broken out almost every session during this parliament, it was not inlendcd as any favour to the nonconformists. Experience probably had taught, that laws over rigid and severe could not be executed. By this act the hearer in a conventicle (that is. in a dissenting assembly, where more than five were present, besides the family) was fined fivcshillings • Mr. Cftrtc. in his Vitidicatinn of the Answer to the nysund^, p. 09, lays thm the'ftJe of rhe fee-farm rents woulil not yie]d<\toTcdr.e hundred t>otLe him abandon bis honour; the smallest pleasure could seduce him from his interest ; the most fVivolons ca- price Wiis sufficient to counterbalance his pleasure. Bv his want of secrecy and constancy, he destroyed his character in public life ; by lus contempt of order and economy, he dissipated liis private fortune; by riot and debauchery, he ruined his health ; and be re- mained at last as incapable of doing hurt, as he had ever been little desirous of doing good, to mankind. The earl, soon after created duke of Lauderdale, was not defective in natural, and still less in acquired talents; but neither was bis address graceful, nor bis imderstanding just. His principles, or more propei'ly speaking his prejudices, were obstinate, but unable to restrain liis ambition : his ambition was still less dan- gerous than the tyranny and violence of his temper. An imjilacable^enemy, but a lukewarm friend ; inso- lent to his inferiors, but abject to his superiors ; though in his whole character and deportment he was almost diametrically opposite to the king, he bad the fortune, beyond any other minister, to maintain, duiing the greater part of his reign, an ascendant over him. The talents of parliamentary eloquence and intrigue had raised sir Thomas Clifford; and his d.aring impetu- ous spirit g.ave him weight in the king's councils. Of the whole cabal, Arlington was the least dangerous, either by his vices or his talents. His judgment was sound, though his capacity was but moderate; and his intentions were good, though he w.anted courage and integrity to persevere in them. Together with Temple and Bridgeman, he had been .a greater jiromoter of tho triple league; but ho threw himself, with equal al.acrity, into opposite measures, wdien he found them agreeable to his master. Cliftbrd and he were secretly catholics: Sh.aftesbury, thcugli addicted to astrology, was reckoned a deist: Buckingham liad too little reflection to cm- brace any steady principles : Lauderdale had long been a bigoted and furious presbyterian ; and the ojiiniouB of that sect still kcjit possession of his mind, how little soever they appeared in his conduct. THEIR COUNSELS. The dark counsels of the cabal, though from the first they gave anxiety to nil men of nflection, were not thoroughly known but by the event. Such seem to Cni:>. LXV.l CHARLES II , 1660—1685. 78 J have been the views which they, in concuireuco with some catholic courtiers, who had the ear of their sove- reign, suggested to the king and the duke, and whicli these princes too greedily embraced. They said, that the parhament, thougli the spirit of paity, for the pre- sent, attached theiii to the crown, were still more attached to tlioso powers and privileges which their predecessors had usurped from the sovereign : that utter the first flow of kindness was spent, they had discovered evident symptoms of discontent ; and would be sure to turn against the king all the authoiity wliich they had retained, and still more those prcteu- Bions wliich it was easy lor them in a moment to revive: that they not only kept the king in dependence by means of his precarious revenue, but had never disco- vered a suitable generosity, even in those temporary supplies which they granted him : that it was high time for the prince to rouse himself from his lethargy, and to recover that authority which his predecessors, dur- ing so many ages, had peaceably enjoyed : that the great error or misfortune of his father was the not hav- ing formed any close connexion with foreign princes, who, on the breaking out of tlie rebellion, might have found their interest iu supporting him : that tlie pre- sent alliances, being entered into with so many weaker potentates, who tliemselves stood in need of the king's protection, could never serve to maintain, much lets augment, the royal authority : that the French mo- narch alone, so generous a prince, and by b'ood so nearly allied to the king, would be found both able and willing, if gratified in his ambition, to defend the common cause of kings against usurping sulyeets : that a war, imdcrtaken against Holland by the united force of two such mighty potentates, would prove an esisy enterprise, and would serve all the purposes which were aimed at : that, under pretence of that war, it would not be difticult to levy a militaiy force, without which, during the jirevalence of republican jirinciples among his subjects, the king woidd vainly expect to defend his prerogative; that his naval power might be maintained, partly by the supplies, which, on other jnetences, would previously be obtained from parlia- ment ; partly by subsidies from Fiance ; partly by captures which might easily be made on that opulent ripublic : that, in such a situation, attempts to recover the lost authority of the crown would bo attended with success ; nor would any malcontents dare to resist a prince fortified by so powerful an alliance ; or if they did, they would onlj draw more certain ruin on them- selves and on tlieir cause : and that, by subduing the States, a great stej) would be made towards a reforma- tion of tlie government ; since it was apparent, that that republic, by its fame and grandeur, fortified, in his factious subjects, their attachment to what they vainly termed their civil and religious liberties. These suggestions happened fatally to concur with all the inclinations and prejudices of the king; his He- sire of more extensive authority, his propensity to tlie catliolic religion, his avidity for money, lie seems likewise, from the very beginning of his reign, to have entertained great jealousy of his own subjects, and, on that aceouni, a desire of fortifying himself by an inti- mate alliance with France. So early as 16G4, he had fiffered the French monarch to allow him, Avithont op- position, to comjuer Flanders, provided that prince would engage to furnish him with ten thousand infan- try, and a suitable number of cavalry, in ease of any rebellion in Kugland. As no dangerous symptoms at that time appeared, we are left to conjecture, from this incident, what opinion Charles had conceived of the factious disposition of his people. Even during the time when the triple alliance was the most zealously cnltiv.ited, the king never seems to have been entirely conlial in those sulutarj' measures, but still to have cast a lor.ging eye towards the French nllii-.nce. Cliftbrd, who had ninch of his confidence, ftiid imprudently, " Notwithstanding all this joy, we must have K f"rnn,] war with Holland." The acces- sion of the emperor to that alliance had been refused by England on frivolous pretences. And many un- friendly cavils were raised against tiie States with re- gard to Surinam and the conduct of the East-India company. [Sec nole G Y , at !hc end of this To/. J But about April, KiOl), the strongest symptoms appeared of those fatal measures which were afterwards more openly pureued. De Wit, at that time, came to Temple, and told liini, that he paid him a visit as a friend, not as a minister. The occasion was, to acipi.aint liim with a conversation which he had lately had with Fuffendorf, the Swedish agent, w ho had passed by the H.ague in the way from Paris to his own country. The French ministers, I'uf- fendorf said, had taken much pains to jiersnado liini, tliat the Swedes would very ill find their account in those measures wliich they had lately embraced: that Spain would fail them in all her promises of subsidies: nor would Holland alone bo able to support them : that England would certainly fail them, and had already adopted counsels directly opposite to those which by the triple league she had bound herself to pursue : and that the resolution was not the less fi.\ed and cer- tain, because the secret was as yet communicated to very few, either in the French or English court. When Puffendorf seemed incredulous, Tnrenne showed him a letter from Colbert do Crossy, the French minister at Eondon ; in which, after mentioning the success of his negociations, and the tavoui-able disposition of the cliief ministers there, he added, " And I have at last made them sensible of the full extent of his majesty's bounty." From this incident it appears, that the in- famous practice of selling themselves to foreign princes; a practice which, notwithstanding the malignity of the vulgar, is certainly rare among men in high office, had not been scrupled by Charles's ministers, who even obtained their master's consent to this dishonourable corruption. ALLIANCE WITH FBANCE. Maylti. But while all men of penetration, both abroad and at home, were alarmed with these incidents, the visit which the king received from his sister, the duchess of Orleans, w.as tbe foundation of still stronger suspi- cions. Louis, know ing tlie address and insinuation of that amiable princess, and the great influince which she had gained over her brothci-, had engaged her to employ all her good offices, in order to detach Charles from the triple league, which ho Icnew had fixed such nnsurmouutable barriers to his ambition ; and he now- sent her to put the last hand to the plan of their con- junct operations. That he might the better cover this negociation, he pretended to visit his frontiers, p;uticu- larly the great works which he had undertaken ;it Dunkirk; and he carried the tpieen and the whole court along with him. While he remained on the oji- posite shore, the duchess of Orleans went over to England ; and Charles met her at Dover, where thev passed ten d.ays together in great mirth and festivity. By her artifices and caresses, she preiailed on Charles to reliucpiish the most .settled maxims of honoiii- and IioIiey,and to finish his engagements with Louis for the destruction of Holland; .is well as for the subsequent change of religion in Enghand. But Louis well knew Charles's character, and the usual fluctu.ation of his coniicil.s. In order to fi.x. him in the French interests, he rcsidved to bind him by the ties of pleasure, the only ones which with him "were irresistible; and lie made him a present of a French mistress, by whose means he hoped for the future to govern him. The diiciiess of Orleans brought with her a young lady of the name of Querciiaillo, whom the king c;irried to London, and soon after created duchess of Portsmouth. He was extremely attachefl to her during the whole course of Jiis lile; and she provedagrcat means •!">;,,,,, , ,i|,ig |,is CDniio.xion.switL her native countrv. 7f*4 THC HISTORY UF KKGLAXD. [Chap. LXV The 6atisf;u-tioii wliicli Oiarles reaped iVoin lii-s new n'.liance received a great ciieck by tlic dealli of his niiter, and still more by those melancholy circuni- btaiices which attended it. ller death was sudden, after a few days illness; and she was seized with the malady upon drinking a glass of succory >vater. Strong suspicions of poison arose in the court of France, and were spread all over Europe; and as her husband had discovered many symptoms of jealousy and discontent on account of her conduct, he was imiversally believed to be the author of the crime. Charles himself, dur- ing some time, was entirely convinced of his guilt; but u]ton receiving the attestation of physicians, who, on opening her body, found no foundation for the gene- ral rumour, he was, or pretended to be, satisfied. Tlie duke of Orleans, indeed, did never, in any other cir- cumstance of his life, betray such dispositiousas might lead him to so criminal an action ; and a lady, it is said, drank the remains of the same glass, without feeling a!iy inconvenience. The sudden death of princes is commonly accompanied with these dismal surmises ; and therefore less weight is in this case to be laid on the suspicions of the pidjlic. Charles, instead of breaking with France iipon this incident, took advantage of it to send over Bucking- ham, under pretence of condoling with the duke of Orleans, but in reality to concert further measures for the projected war. Never ambassador received greater caresses. The more destructive the present measures were to the interests of England, the more natural \vas it for Louis to load with civilities, and even with favuurs, those whom he coidd engage to promote them. The journey of Buckingham augmented the suspi- cions in Holland, which every circumstance tended still further to confirm. Louis made a sudden iirujition into Lorraine; and though he missed seizing the duke himself, who had no surmise of the danger, and who narrowly escaped, he was soon able, without resistance, to make himself master of the whole country. The French monarch was so far unhappy, that though the most temi)ting opportunities offered themselves, he had not commonly so much as the pretence of equity and justice to cover his ambitious measures. This acquisi- tion of Lorraine ought to have excited the jealousy of the contracting powers in the triple league, as much as an invasion of Flanders itself ; yet did Charles turn a deaf ear to all remonstrances made )iim upon that subject. But what tended chiefly to open the eyes of de Wit, and the States, with regard to the measures of England, w.as the sudden recall of sir William Temple. This minister had so firmly established his character of ho- nour and integrity, that he was believed incapable even of obeying his master's commands, in promoting mea- sures v.-hieh he esteemed pernicious to his country; and so long as he remained in employment, de Wit thought himself assured of the fidelity of England. Charles was so sensible of this prepossession, that ho oi'dered Temple to leave his family at the Hague, and pretended, that that minister would immediately re- turn, after having conferred with the king about some business, where his negocialion had met with obstruc- tions. Do Wit made the Dutch resident inform the English court, that he shoidd consider the recall of Temple as an express declaration of a change of mea- sures in England; and should even know wliat inter- pretation to put upon any delay of his return. A PARLIAMENT. October 24. While these measures were secretly in agit.ation, the parliamont met, according to adjournment. The king niado a short speech; and left the business to be enlarged upon by tlie keeper. Tliat minister much insisted on the king's groat want of supply; the mighty increase of the naval power of France, now triple to what it was before the last war with Holland ; tlie decay of the English navy ; the necessity of fitting out iiext year a fleet of fifty sail ; the obligations which tlio Icini? lay under by several treaties to e.xert himself fur thr common good of Christendom. Among other treaties he mentioned the triple alliance, and the defensivo league with the States. The artifice succeeded. The house of comnious, en- tirely satisfied with tlio king's measures, voted him considerable supplies. A land-tax for .a year was im- posed of a shilling a pound ; two shillings a pound on two-thirds of the salaries of otHccs; fifteen shillings on every hundred pounds of bankers' money and stock ■ an additional e.\cise upon beer for si.x years, and cer- tain iuijiositions upon law proceedings for nine years. The parliament had never before been in a more liberal humour; and never surely was it less merited by the counsels of the king and of his ministers.* 1'he commons passed another bill, for laying a duty on tobacco, Scotch salt, glasses, and some other com- modities. Against this bill the merchants of Lon- don ajipeared by petition before the house of lords. The lords entered into their reasons, and began to make amendments on the bill sent up by the com- mons. This attempt was highly resented by the lower house, as an encroacliment on the right, which they pretended to possess a lone, of granting money to the crown. JIany remonstrances passed between the two houses ; and by their altercations the king waa obliged to prorogue the parliament, (22nd April, 1C71,) and he thereby lost the money wliich was intended him. Tliis is the last time that the peers have revived any pretensions of that nature. Ever since, tlie privilege of the commons, in all other places, except in the house ot peers, has passed for uneontroverted. Tiiere was a private affair, which, during this session, disgusted the house of commons, and required some pains to accommodate it. The usual method of those who opposed the court in the money bills was, if they failed in the main vote, as to the extent of the supply, to levy the money upon such funds .as tliey expected would be unacceptable, or would prove deficient. It was proposed to lay an iuqiosition upon playhouses: the courtiers objected, that the jjlayers were the king's servants, and a part of his pleasure. Sir John Coventry, a gentleman of the comitry party, asked, " whether the king's pleasui-e lay among the male or the female players ? " This stroke of satire was aimed at Cliarles, wlio, besides his mistresses of higher quality, enter- tained at that time two actresses, Davis and Nell Gwin. The king received not the raillery with tlie good humour which might have been expected. It was said, tliat this being the first time that respect to majesty h.ad been publicly violated, it was necessary, by some severe chastisement, to make Coventry an example to all who miglit incline to tread in his footsteps. Sands, Obrian, and some other officers' of the guards, were ordered to ^yay-lay him, and to set a mark upon him. He defended himself with bravery, aud after wounding several of the assailants, was disarmed with some • This year, on the .3rd of January, ilicd George Monk, duke of yMbemarle, at NewhiiU in Kssex, after a laiigiiisliini,' illness, and in the sixty-thiid year of his age. He left a threat estate of .-C'l.'f.nuo a year in land, and ,£(!').||()0 in money, aequired by tlie bouncy of the king, and inereased by his own fruifai- ity in his latr years. Uislioji Unmet, who. agreeably uiliis oven facliousspnit, treats this illustrious personage with great malignity, reproaehts him with avarice; but as he ftp]ie,ars net to have been in tile least tainted with rapacity, his frugal conduct may more candidly bt im|mteioii. Popery, which had hitherto been only a hideous spectre, was now become a real ground of terror; being openly and zealously embraced by the heir to the crown, a prince of industry and enterprise ; while the king him- self was not entirely free from like suspicions. It is probable that the new alliance with France in- spired the duke with the courage to make open profes- sion of his religion, and rendered him more careless of the affections and esteem of the English. This alli- ance became every day more apparent. Temple was declared to be no longer ambassador to the States; and Downing, whom the Dutch regarded as the inveterate enemy of their republic, was sent over in his stead. A ground of quarrel was sought by menus of a yacht dispatched for lady Temple. Thecaptain sailed tlirou'di the Dutch fleet, which lay on their own coasts ; and he had orders to make them strike, to fire on them, and to persevere till they should return his fire. The Dutch admiral, "\'an Ghent, surprised at this bravado, came on board the yacht, and expressed his willingness to pay respect to the British flag, according to former practice : but that a fleet on their own coasts should strike to a single vessel, and that not a ship of var 5H 786 THE HISTORY OF ENGLAND. [Chap. LXV. was, ho said, sucli an iuuovation, that he duist not, without express orders, agree to it. Tlie captain, thinking it dan'jeroHs, as well ns absurd, to renew firing in the midst of the Dutch fleet, continued his course ; and, for that neglect of orders, was committed to the Tower. Tills iucident, however, furnished Downing with a neiv article to increase those vain pretences, ou which it w.as purposed to ground the intended rupture. Tlie lOnglisli court delayed several mouths before tliey complained ; lest, if they had demanded satisfaction more early, the Dutch might have had time to grant it. Even when Dowuiug delivered his memorial, lie was bound by bis instructions not to .accept of any satisfac- tion after a certain number of days ; a very imperious manner of negociating, and impracticable in Holland, where the foruis of the republic render delays abso- lutely unavoidable. An answer, however, though re- fused by Downing, was sent over to London ; with an ambassador extraordinary, who had ordeis to use every expedient that might give satisfaction to the court of England. That court replied, that the answer of the Hollanders w.as ambiguous and ob.scure; but tliey would not specify the articles or expressions whicli were liable to that objection. The Dutch ambassador desired the English ministry to draw the answer in what terms they pleased, and he engaged to sign it. The Englisii ministry replied, that it w.as not their business to draw papers for the Dutch. The ambas- sador brought them the draught of an article, and asked them whether it were satisfactory : the English answered that, n hen he had signed and delivered it, they would tell him their mind concerning it. The Dutchman resolved to sign it at a venture; and ou his demanding a new audience, an hour was .appointed for that purpose ; but when he attended, the English refused to enter upon business, and told him, that the season for negociating was now p.ast.* 1672. Long and frequent prorogations were made of the parliament ; lest the houses should declare tbem- .selves with vigour against counsels so opposite to the inclination as well as interests of the public. Could we suppose that Charles, in his alli.ance against Ilolland, really meant the good of his people, tiiat measure must pass for an extraordinary, nay, a romantic strain of patriotism, which could le.ad him, in spite of all diffi- culties, and even in spite of themselves, to seek the welfare of the nation. But every step, which he took in this affair, became a proof, to all men of penetration, that the present war was intended against the religion and liberties of bis own subjects, even more thim against the Dutcli themselves. He now acted in every- thing, as if he were already an absolute mouareb, and was never more to lie under the control of national .assemblies. The long prorogations of parliament, if they freed the king from the importunate remonstrances of that assembly, were, however, attended with this incon- venience, that no money could he procured to carry on the military prepaiations against Holland. Under jiretence of maintaining the triple league, which at that very time he had firmly resolved to break, Charles bad obtained a large supply from the commons ; but this money was soon exhausted by debts and expenses. France had stipuhited to )jay two hundred thousand pounds a year during the war; but that supply was inconsidcivablc, compared to the immenso charge of the English navy. It seemed as yet premature to venture on levying money without consent of parliament ; since the power of taxing themselves v.aa the privi- lege of which the English WL-rc, with reason, particu- larly jealous. Some other resource must bo fallen on. The king had declared, that the staff of treasurer was ready for any one that could find an expedient for •Tliii ycnr, on the 12tti of November, dial, in his rcticat, and in theljdtli year of his a^e, Thoinns lord Fftirlax, who performed many Kreat actions, without ljein(r a memorable fiersonaitc, and alluwod himself ut be carried into .OMiny criminal entcrpri-cs, with the iieat and most upright intentions, tlis UMightcr and heir was inairiea to George Villiers, diiks of Buchingham. supplying the present necessities. Shaftesbury drop- ped a hint to Clifford, which the latter immediately seized, and carried to the king, who granted him tlie promised reward, together with a jioerage. This ex- pedient was the shutting up of the exchequer, and the retaining of all the payments which should bo made into it. EXCHEQUER SHUT. Jammri/ 2. It had been usual for the bankers to carry theii- money to the exchequer, aud to advance it upon se- cuiity of the funds, by which they were afterwards reimbursed, when tlie money was levied on the jniblic. The bankers, by this traffic, got eight, sometimes ten, per cent, for sums which either bad been consigned to them without interest, or which they had borrowed at six per cent. — profits, which they dearly paid for by this egregious breach of public faith. Tlie measure was so suddenly taken, that none had warning of the danger. A general confusion prevailed in tlie citv, followed by the ruin of many. The bankers stopped payment; the merchants could answer no bills; dis- trust took place everywhere, with a stagnation of com- merce, by which the public was universally affected. And men, full of dismal apprehension, asked each other, what must be the scope of those mysterioua counsels, Mlience the parliament and all men of honour were excluded, and wliicli connnenced by the forfeiture of public credit, and an open violation of the most solemn engagements, both foreign and domt^stic. DECLARATION OF INDULGENCE. Another measure of the court contains something laudable, when considered in itself ; but if we reflect on the motive whence it ])roceeded, as well as the time when it was embraced, it will furnish a strono- proof of the arbitrary and dangerous eomisels pursued at present by the king and his ministry. Charles re- solved to make use of his supreme power in ecclesias- tical matters; a power, he said, which was not only inherent in liini; but which had been recognised by several acts of p.irliameut. 15y virtue of this authority, he issued a proclamation, (the 15th of March,) sus- pending the penal laws enacted against all noncon- formists or recusants whatsoever; and granting to the protestant dissenters the public exercise of their re- ligion, to the catholics the exercise of it in private houses. A fruitless experiment of this kind, opposed by the parliament, and retracted by the king, had al- ready been made a few ye.ars .after the Restoration ; but Charles expected, that the parliament, whenever it should meet, would now be tamed to greater sub- mission, aud would no longer dare to control his mea- sures. Meanwhile the dissenters, the most inveterate enemies of the court, were mollified by these indul- gent ma.xims : and the catholics, under their shelter, enjoyed more liberty than the laws had hitherto al- lowed them. At the same time, the act of navigation w.as sus- pended by royal will and pleasure: a measure, which, though a stretcli of prerogative, seemed useful to com- merce, while all the seamen were employed on board the royal navy. A like suspension had been granted, during the first Dutch war, and was not much remarked; because men had at that time entertained less jealousy of the crown. A proclamation was also issued, contain- ing rigorous cl.auses in favour of pressing : another full of menaces against those who presumed to speak uudu- tifuUy of bis majesty's measures, and even against those who heard such discourse, unless they informed in due time against the ott'eiiders: another against importing or vending any sort of painted earthenware, "except those of Cliin.a, upon pain of being grievously fined, and suffering the utmost punishment, which might be law- fully inflicted upon contemners of his majesty's royal authoritv." An aimv had been Icvisd; and it was Chap. LXV.] CHARLES II 1660—1685. 787 found, that discipline could not be enforced without the exercise of martial law, which was tliorefore estab- lished by order of council, though contrary to the Teli- Uon of llight. All these acts of power, liow little im- portant soever in themselves, savoured strongly of arbi- trary government, and were nowise suitable to that legal administration, which the parliament, after such violent convulsions and civil wars, had hoped to have established in the kingdom. It may bo worth remarking, that the lord-keeper refused to affix the great seal to the declaration for kuspeuding the penal laws ; and was for that reason, though under other pretences, removed from his office. Shaftesbury was made chancellor in his place; and thus another member of the Cabal received the reward of his counsels. ATTACK OF THE SMYRNA FLEET. Foreign transactions kept pace with these domestic occurrences. An attempt, before the declaration of war, was made on the Dutch Snij-rna fleet (March 13) by sir Robert Holmes. This fleet consisted of seventy sail, valued at a million and a half; and the hopes of seizing so rich a prey had been a great motive for en- Liaging Charles in the present war, and he had consi- dered that capture .as a principal resource of supporting bis military enterjirises. Holmes, with nine frigates and three yachts, had orders to go on this command ; and he passed Sprague in tb.e Channel, who was return- ing with a squadron from a cruise in the Sleditena- neau. Spnague informed him of the near approach of the Hollanders : and had not Holmes, from a desire of engrossing the honour and profit of the enterprise, kept the secret of his orders, the conjunction of these squa- drons had rendered the success infallible. When Holmes approached the Dutch, he put on an amicable appearance, and invited the admiral Van Ness, who conimauded the convoy, to come on board of him : ono of his captains gave a like insidious invitation to the rear-admiral. But these officers were on their guard. They liad received an intimation of the hostile inten- tions of the English, and bad already put all the ships of war and merchantmen in an excellent jiosture of defence. Three times were they valiantly assailed by the English; and as often did they valiantly defend themselves. In the third attack ono of the Dutch ships of w.ir was taken ; and three or four of their most inconsiderable merchantmen fell into the enemies' liauds. The rest, fighting with skill .and courage, con- tinued their course ; and, fuvourud by a mist, got safe into their own harbours. This attempt is denominated perfidious and piratical by the Dutch writers, and even by many of the English. It merits at least the appel- lation of irregular; and, as it had been attended with bad success, it brought double shame upon the coutri- vei"8. The English ministry endeavoured to apologize for the action, by pretending that it was a casual ren- counter, arising from the obstinacy of the Dutch, in refusing the honours of the flag : but the contiary was so well known, that even Holmes himself b,ad not the assurance to persist iu this asseveration. WAR DECLARED WITH HOLLAND. Till this incident the States, notwithstanding .all the menaces and preparations of the English, never be- lieved them thoroughly in earnest; and had always expected that the affair would terminate, either in some demands of money, or in some proposals for the ad- vancement of the prince of Orange. The French them- selves had never much reckoned on assistance from England ; and scarcely could believe that their ambi- tious projects would, contrary to every maxim of ho- nour and policy, bo forwarded by that power which was most interested, and most able to oppose them. But Charles was too far advanced to retreat. He im- msdistely (17th March) issued a declaration of war against the Dutch; and surely reasons more false and frivolous never were employed to justify a flagrant vio- lation of treaty. Some complaints are there made of injuries done to the East-India Company, which yet that company disavowed : the laces rendered fordable. The Ereuch cava!ry,"Snimated by the presence of their prince, fidl of inii)etnous courage, but ranged in ex.act order, thing themselves into the river : the infimtry [lassed in boats ; a few regiments of Dutch appeared on (he odier side, who wcrv un.able to make resistance. And thus was executed, without danger, hut not with- out glory, the passage of the Rhine; so much ccle- hiated at (hat time, by the flalfery ef the French courtiers, and transmitted to posterity by the more durable flattery of their poets. Each success added courage to the conquerors, and struck the vanquished with dismay. The prince of Orange, though prudent beyond his age, w.as but newly advanced to thecommand, unacqu;iinted with the army, unknown to theni, and all men, by reason of (ho vio- lent factions which prevailed, weio uncertain of the authority on which they must depend. It was expected that the fort of Skiuk, famous for the sieges which it had formerly sustained, would make some resistance ; but it yielded to Tiirenne in a few d.ays. The same general made himself master of Arnlieim, Knotzcm- bouig, and Nimegiien, as soon as ho aiipeared before tliein. Doesbourg at the same time opened its gates to Louis : soon after, Harderwie, Amersfort, CamjjpD, Rhenen, Viaiie, Elberg, Zwol, Cuilemherg, Wageniu- gnen, Locliem, Woerden, fell in(o the enemies' hands, GroU and Deventer surrendered to the marcschal Lux- embourg, who commanded the troops of Jlunstor. And every hour brought to the States news of the rapid progress of tlie French, and of the cowardly defence of their own garrisons. The prince of Orange, with his small and discou- raged army, retired into the province of Holland; where he expected, from the natural strength of the country, since all human .art and courage failed, to be .able to make some resistance. The town and province of Utrecht sent deputies, and surrendered themselves to Louis. Naerden, a place within three leagues ot Amsterdam, was seized by the maiquis of Rochfort ; and had he pushed on to Jlnyden, he had easily gotten possession of it. Fourlcen stragglers of his army having appeared before the gates of that town, the magistrates sent them the keys; but a servant-maid, who was alone in the castle, having raised the draw- bridge, kept them from taking possession of that for- tress. The magistrates afterwards, finding the party so weak, made them drunk, and took the keys from them. Muyden is so near to Amsterdam, (hat its can- non may infest the ships which enter that city. Lonis with .a splendid court made a solemn entry into Utrecht, (2.5th June,) full of glory, becanse everywhere attended with success ; though more owing to the cow- ardice and misconduct of his enemies, than to his own valour or prudence. Three provinces were already in his hands, Guelderland, Overyssel, and Utrecht; Gro- ninghen was threatened ; Friezehind was exposed : the only diiliculty lay in Holland and Zealand; and the monarch deliberated concerning the proper measures for reducing them. Conde and Turenne exhorted him to dismantle all the towns which he li.ad taken, except a few ; and fortifying his main army by the garrisons, put himself in condition of pusliing his conquests. Louvois, hoping that the other iirovinces, we.akand dis- mayed, would jirove an easy prey, advised him to keep possession of places which might afterwards serve to retain the people in subjection. His counsel was fol- lowed ; though it was found, soon after, to have been the most impolitic. CONSTERNATION OF THE DUTCH. Sleauwhile the people, throughout the republic, in- stead of collecting a noble indignation against the haughty conqueror, discluarged their rage upon their own unhappy minister, on whose prudence and inte- grity every one formerly bestowed the merited applause ; the bad condition of the armies was laid to his eliar^e: the ill choice of governors was ascribed to his parti- ality : as instances of cowardice multiplied, treachery was suspected ; .and his former connexions w itli France being remembered, the populace believed, that he and his partisans li.ad now combined to betray them to their most mortal enemy. The juince of Orange, not- withstanding his youth and inexperience, was looked on as the only saviour of tli',- state ; and men wens 790 THE HISTORY OF ENGLAND. [Chap. LXV violently (liivcii by llieir fears into liis parly, to which tlioy lind nhvays been led by fiivoiir iind inclination. Amsterdam alone seemed to retain some courage: and bv I'orminp a regular plan of defence, endeavoured to infuse spirit into the other cities. The magistrates obliged the burgesses to keep a strict watch : the popu- lace, whom want of employment might engage to mu- tiny, were m.iinlained by regular pay, and armed for the defence of the public. Some ships, which lay use- less in the harbour, wore refitted, and stationed to guard tho city : aiul the sluices being oj]encd, the neighbouring country, without regard to the dani.ago sustained, was- laid under water. All the provinces followed the example, and scrupled not, in this ex- tremity, to restore to tlie sea those fertile fields, which with great art and expense had been won from it. The States wero assembled, to consider whether any means wero left to save the remains of their lately flourishing, and now distressed, commonwealth. Though they were surrounded with waters, which barred .all .access to the enemy, their deliberations were not conilucted with that tr-anipiillity, which could alone suggest measures projter to extricate them from their present difliculties. The nobles gave their vote, that, provided tiieir religion, liberty, and sovereignty could bo saved, everything else, should, without scruple, be sacrificed to the conqueror. Eleven towns concurred in the same sentinu'nts. Amsterdam singly decl.ared against all treaty with insolent and triumphant ene- mies: but, notwithstanding that opposition, anibass.a- dors were dispatched to implore tlie pity of the two combined nionarchs. It was resolved to sacrifice to Lonis, >raestricht, .and all the frontier towns which lay without the bounds of the seven provinces; and to pay him ,a largo sum for the charges of the war. Lonis deliberated with his ministers Louvois .and Pomponne, concerning the measin-es which he should cmbiaco in the ]ireseut emorgenco ; and fortun.ately for Europe, be still preferred tbo violent counsels of the former. He offered to evacuate his conquests, on con- dition that .all iluties lately imposed on the coiumodities of ]•" ranee should he t.ilten olf. That the public exer- cise of the Romish religion sliould be pcrniitled in the United Provinces; the churclies shared with tho catho- lics; and their priests maintained by ivppointmonts from the States : that all the frontier towns of the re- public sliould bo yielded to him, toL'ether with Nime- t'uen. Skink, Knotzembourg, and that pnrl of Guelder- land which lay on the other side of tho Kbiue; as like- wise tho isle of IJommel, that of Voorn, tho fortress of St. Andrew, those of Louvestein and Crevecceur : that the Htates should pay him tho sum of twenty millions of livres for tho charges of the war: that they should every year send him a solemn embassy, and present him with a golden medal as an acknowleiigment that they owed to him the preservation of tliat liberty which, hy the assistance of his predecessors, they bad formerly .acquired : and that they should give entire satisfaction to the king of J'"ingl.and : and he allowed them but ten days for the acceptance of those dem.mds. Tho ambassadors sent to London met with still worse reception : no minister was allowed to treat with them ; and they wore retained in a kind of confine- ment. IJnt, notwithstanding this rigorous conduct of tho court, the jiresence of tlie Dutch amba.ssadors ex- cited the sentiments of tender compassion, and even indignation, among tho people in general, especially .among those who could Ibrosee the aim and result of those dangerous counsils. The two most powerful monarelis, tliey said, in iMiropo, the one by laml, the other by sea, have, contrary to tho faith of solemn treaties, combined toextenuinate an illustrious ve])iib- lic: what a dismal prospect does their success utibrd to the neijjli hours of the one, and to tho subjects of tlie other ! Charles had formed the triple league, in order to restrain tho power of France — a sure proof, that he does not now err from ignorance. Jlehad oo<.i'.ed and obtaiasd tlie ajiplauses of liis people by that wise measure: as lio now adopts contrary counsels, he must surely expect hy their means to ren- der himself independent of his peoiile, whose sentiments arc become so indifl'erent to liim. During the entire I submission of the nation, and dutiful behaviour of tho ' jiarliament, dangerous projects, without provocation, are formed to reduce them to subjection; and all the foreign interests of the people are sacrificed in order the more surely to bereave them of their domestic liberties. Lest any instance of freedom should remain within their view, the United Provinces, the real bar- rier of England, must be abandoned to tho most d.an- gerous enemy of Kngkmd : and by an universal combi- nation of tyranny against laws and lihcrty, all man kind, who have retained, in any degree, their precious, though hitherto precarious, birthrights, are for ever to submit to slavery and injustice. Tliinigh the fear of giving umbrage to his confede- rate had engaged Charles to treat the Dutch ambassa- dors with such rigour, he was not altogether without uneasiness, on account of the lapid and unexpected progress of tho French .arms. Were Holland entirely conquered, its whole commerce and naval foi'ce, ho perceived, must become .an .accession to France; the Sjianish Low Countries must soon follow; and Louis, now independent of his ally, would no longer think it his interest to support him against his discontented subjects. Charles, though he never carried his atten- tion to very distant consequences, couhl not but fore- see these obvious events ; and though incapable of envy or jealousy, he was touched with anxiety, when he found everything yield to tho I'reneh arms, while such vigorous i-esist,ance was made to his own. He soon dismissed the Dutch amb.a,ssador.s, lest they should cabal among bis subjects, who bore them great favour: but he font over Ihickingham and Arlington, and soon after lord Halifax, to negociate anew with the French king in the present prosperous situation of that mo- narch's affairs. These ministers passed through Holland ; and as they woi-o supposed to bring pe.ace to the distressed republic, they were everywhere received with the loudest accla- mations. " God bless the king of ICugland ! God bless the prince of Orange! Confusion to the States!" This was everywhere tlio cry of the populace. Tho ambassadors had several conferences with tho States and the prince of Orange ; but made no I'o.asonable ad- vances towards an accommodation. They went to Utrecht, where they renewed the league with Louis, and agreed that neither of the kings should make peace with Holland but by common consent. They next gave in their pretensions, of wliich the following ;iro the princi]ial articles : that the Dutch should give up tho honour of the flag, without the least rescrvt^ or limita- tion : nor should whole fleets, even on the coast of Holland, refuse to strike or lower their lojisails to the smallest ship carrying the llritish^ flag: that all per- sons guilty of treason against the king, or of writing seditious libels, slioiihl, on conqilaint, he banished for ever the dominions of tho States: that the Dutch should pay tlie king a million sterling towards the charges of the war, together with ten thousand pounds a year, for permission to fish on tlie Uritish seas: tli.at they should share the Indian trade with the F.nglish ; that tho prince of Or.ango and his descendants should enjoy the sovereignty of the United Provinces ; at least, that tliey should he invested with the dignities of stadt- hohhr, admiral, and general, in as .ample a manner as had ever licen enjoyed by any of his ancestors: .and that the isle of AValcheren, the city .and castle of Sluis, together with the isles of Cadsant, Goree, and Vorne, sliould be put into the king's hands, fts a security for tlie performance of articles. The terms pioposed by Louis bereaved the reiniblio of all security against any invasion by land from France: those demanded by Charles exposed them equally to an iinaision by sea from ICngland : and wlieu both were united, they iippearcd absolutely intolerablej Chap. I.XV.l CHARLES IT. Ifi60— 1C85. 791 and rcduooil the Ilolhiiiders, who saw no means of de- fence, to the uln)o»l despair. What exlivnu'lv aii^'inentod tlieir distress, were the violent factions with whicli theyeontinued to be every- where njjit.itid. De Wit, too perliniirioiis in defenee of his own system of liberty, wliih' the very bein^' of tlie eoni men wealth was threatened, still persevered in opposing,' the repeal of the porp.tnal edict, now become the object of horror to tlie liutcli populnco. Their rage nt last broUe .all bounds, and bore everything before it. They rose in an insurrection at ])ort, (30tli June,) and by force constrained their bur';oni.isters to sign the repeal, so much demanded. This proved a signal of a Ijoncral revolt throughout all Iho provinces. PRINCE OF OllANGE STADTIIOLDER, At Amsterdam, the ITagne, Middlebourg, Rot lerdani, the people flew to arms, and, trampling under foot the r.utliority of their magistrates, obliged them to submit to the jirince of Orange. They expelled from their office such asdispleased them : tliey required the prince to appoint others in tlieir place ; and agreeably to the proceedings of the poiinlace in all ages, provided they might wre.-vlc their vengeance on their superiors, they expressed great indifference for the protection of their civil liberties. The superior talents and virtues of do AVit ni.ado him, on this occ.ision, the chief object of envy, and exposed hiui to the utmost rage of [lopular jirejudice. Four assassins, actmited by no other mo- tive than mistaken zeal, had assaidted liim in the streets, and after giving him many wounds, had left him for dead. One of them was punished: the others were never questioned for the crime. His brother, Cornelius, M-ho liad behaved with prudence ami courage on board the fleet, was obliged by sicUness to come ashore ; and he w.as now confined to his house at Dort. Some as- eassins broke in upon him ; and it Wiis with the utmost difficulty that his family and servants could repel their violence. At Amsterdam, the house of the brave de Itniter, the sole resource of the distressed common- wealth, was surrounded by the enraged populace ; and his wife and children were for sonic time cxjiosed to the most imminent danger. One Tichelaer, a barber, a man noted for infamy, accused Cornelius do AVit of endeavouring by bribes to ingago him in the design of ])oisoning the jiriuce of Orange. The accusatiim, though attended with Iho most improbable, and even absunl circumstances, was greedily received by the creduli>us multitude ; and Cor- nelius was cited before a court of judicature. Th>' judges, either blinded by the sann- prejudices, or not daring to oppose the poiiular torrent, condemned him to suffer the question. This man, who had br.avely served his country in war, and who had been invested with the highest dignities, was delivered into the hands of the executioner, and torn in jiieces by the most in- linman torments. Amidst the severe agonies which he endured, he still nuide protestations of his inno- cence, and fre((ucntly repeated an ode of Horace, irhieh contained sentiments suited to his dejdorable nondition : — •• Juitum ct taiaccm proiwtlti vlrum," Ac. • * Wtilfll mky Yit thuB tmnslatcd :— *• The lltAn, wlioto mintl on virtue bent, I'linues Bomt' RrrMly fitxxl Inlmt. With un(li\'orte(i aim, Sercin" iK-hnliU the aiiKfy erotwi ; Nor can their rlaniotir?, fierc« and lnii(]. His fttul>t>orn lionour uine. Not the proud tyrant's fierecat tlir..at, Nnr stomi*. that from their darli retreat The la«'l(!is siircei Make, tint .li.\e's Kreat Ivlt that »hair feeli the wreei{ of eanli and nkie* OlMtrucC lu dcsliu'd vi»y"~'tHa(J(lock. Jr ASS ACRE OP THE DE WITS. The judges, however, condemned liini to lose Ida oflices, and to be banished the commouwtalth. The pensionary, who had not bn ii terrified from perform- ing the part of a kind brother ami faithful friend dur- ing this ]noseiution, resolved not to desert him on ac- count of the unmerited infamy which was endeavoured to be thrown upon him. He came to his brother's prison, determined to accompany him to the jdacc of his exile. The signal was given to the populace. They rose iu arms : they broke ojien the doors of the ])rison ; they jinlled out the two brothers; and a thous.and hands vied who shouhl hist be imbrued in their blood. IWen their death did not satiate the brutal rage of the mul- titude. 'I'hey exercised on the deail bodies of those virtuous citizens, indignities too shocking to bo re- cited: and till tiled with their own fury, they per- mitted not the friends of the deceased to approach, or to bestow on them the honours of a funeral, silcut and unattended. GOOD CONDUCT OF THE PRINCE. The nia.ssacre of the de AVits ])ul an end for the time to the remains of their party ; ami all men, from fear, inclination, or ]irudence, concurred in expressing the most implicit obedience to the ininee of Orange. The iv]iulilic, though half subdued by foreign force, and as yit dismayed by its misfortunes, was now firmly unitod under one leader, and begiin to collect the remains of its pristine vigour. \\'illiam, worthy of that heroic family from which ho sprang, adopted sentiments be- coming the head of a bravo and free peojile. He bent all his efl'orts against tho jmblic enemy : he sought not against his country any advantages which might be tiangerous to civil liberty. '1 hose intolerable condi- tions tlemanded by their insolent enemies, he exhorted the States to reject with scorn ; and by his advice they jnitan end to negociations, which served only to break the courage of their fcUow-citizeiis, and delay the as- sistance of their allies. He showed them, that tho numbers, and riches of the people, aided by the advan- tages of situation, would still be sutlieient, if they abandoned not themselves to desjiair, to resist, at le.-ist retard, the progress of their enemies, and preserve tho remaining jirovinces, till the other nations of Europe, sensible of the common ilanger, conhl come to their relief. He representeil, that, as envy at their opulence and liberty had jiroilueed this mighty combination against them, they would in vain cxju'ct by concessions to satisfy foes, whose )u'etinsions were as little bounded by moderation as by justice. He exhorted them tore- member the generous valour of their ancestors, who, yet in the infancy of the state, preferred liberty to every human consideration ; and rousing their spirits to an ohstinate defence, reiiellcd all the jiowcr, riches, ami military disei])line of Spain. And he ]nofessed himself willing to tread ill the steps of his illustrious l>redecessors ; and hoped that, as they had honoured liim with the same alVection which their ancestors jiaid to the former ]irinces of Orange, they would scconil hia efforts with the same constancy and manly fortitude. The spirit of the young prince infused itself into Ids hearers. Those who lately entertained thoughts o*" yielding their necks to subjection were now bravely determined to resist the haughty victor, and to defend those last remains of tlieir native soil, of which neither the irruptions of Lonis, nor the inundation of waters, had .IS yet bereaved them. Should even the ground fail them on whicli they might combat, they were still resolved not to yield the generous strife; but, flying to their settlements in the Indies, erect a new ein))ii'e in those remote regions, and preserve alive, even in the climates of slavery, that liberty of which Europe was become unworthy. Alreatly they concerted me.isiires for executing this exlraordinaiy resolution ; and found that the vessels contained in their liarbours ooiUd 7f>2 THH HISTORY OF ENGLAND [Chap. ISV. tvanspovt aT)OM> tvo luuulrctl lliousatid iiilial)itantg to tlio Kast Indies. Tile combineJ princes, finding at last some ap- pearance of opposition, bent all their eft'orls to seduce the prince of Orange, ou ivhose valonrand conduct tlic fate of the commonwealth entirely depended. The sovereignty of the province of Holland was oftered Iiim, and the protection of England and France, to en- sure him as well against the invasion of foreign ene- mies, as the insurrection of his sulijects. All propo- sals were generously rejected ; and the prince declared his resolution to retire into Germany, and to pass Ins life in hunting on his lands there, rather than abandon the liberty of liis country, or betray tlie trust reposed in him. When Cnckinghani urged the inevitable <:e- slnictiou whieli hung over the United Provinces, and asked him, whether he did not see tliat the conmion- weallh was ruined? "There is one certain means," replied the prince, "by which I can be smo never to see my country's ruin : I will die in the last ditcli." The people in Holland had been much incited to espouse the prince's part}', by the hopes that the king of England, pleased with his nephew's elevation, would abandon those dangerous engagements into which he had entered, and would afford his protection to the distressed republic. But all these hopes were soon found to be fallaeious. Charles still persisted in his alliance with France; and the combined fleets ap- proached the coast of Holland, with an English army on board, commanded by count Schomberg. H is pretended that an unusual tide carried them ofi' the coast ; and that Providence thus interposed, in an ex- traordinary manner, to save the republic from the im- minent dangor to which it was exposed. Very tem- l>estuous weather, it is certain, prevailed all the rest of the season ; and the combined fleets either were blown to a distance, or durst not approach a coast which might prove fatal to them. Lonis, finding that his enemies gathered courage behind their inundations, and that no further success was likely for the present to attend his arms, had retired to Versailles. The other nations of Europe regarded the subjec- tion of Holland as the forerunner of tlieir own slavery, and retained no hopes of defending themselves, should such a mighty accession be made to the already exor- bitant power of France. The emperor, tliough he lay at a distance, and was naturally slow in his undertak- ings, began to put himself in motion ; Brandenbnrgh showed a disposition to support the States ; Spain had sent some forces to their assistance ; and by the pre- sent efforts of the prince of Orange, and the pros])oct of relief from tlieir allies, a different face of affairs began already to ajipear. Groninghen was the first jih'.ce that stopped the progress of the enemy ; the bi- whop of Jtnnster was repulsed from before that town, and obliged to raise the siege with loss and dishonour. Naerdeu was attempted by the prince of Orange; but niaivsclialLnxcmhurgh, breaking in upon his intrencli- nients witli a sudden irruption, obliged him to ahaudoii the enterprise. A PARLIAMENT. February i, W]a. There was no ally on whom the Hutch more relied for assistance than the parliament of England, which the king's necessities at last obliged him to assemble, 'i'he eyes of all men, both abroad and at home, were fixed on this session, which met after prorogations continued for near two years. It v,as evident how much the king dreaded the assembling of his parlia- ment; and the discontents universally excited bv the bold measures entered into, both in foivin^n and domes- tic administration, had given but too just foundation for his apjirehensions. The king, however, in liis speech, addressed them with all the appearance of cordiality and confidence. He said, that he would have assembled them sooner Imd he not been desirous to allow them leisure for at- tending their private affairs, as well as to give big people respite from taxes and impositions : that sinco their last meeting, he had been forced into a war, not only just but necessary ; necessary both for the honour and interest of the notion : that in order to have peace at home, while he had war abroad, he had issued his declaration of indulgence to dissenters, ami had found many good eflfccts result from that measure : that he heard of some exceptions which had been taken to this exercise of power ; but he would tell them plainlv, that he was resolved to stick to his declaration ; and would be much offended at any contradiction : and that though a rumour had been spread, as if the new- levied army had been intended to control law and pro- perty, lie regarded that jealousy as so frivolous, that he was resolved to augment his forces next spring, and did not doubt but they would consider the necessity of them ill their supplies. The rest of the business ho left to the chancellor. The chancellor enlarged on tlic same topics, and a Jded many extraordinary jjositions of his own. He told them, that the Hollanders were the common enemies of all raonarchies, especially that of England, their only competitor for commerce and naval power, and the sole obstacle to their views of attaining an univer- sal empire, as extensive as that of ancient Rome : that, even during their present distress and danger, they were so intoxicated with these ambitions projects, as to slight all treaty, nay, to refuse all cessation oi hostilities : that the king, in entering on this war, did no more than prosecute those maxims which had en- gaged the parliament to advise and approve of the last ; and he might therefore safely say, that il tens their war: that the States being the eternal enemies of Eng- land, both by interest and inclination, the parliament had wisely judged it necessary to extirpate them, and had laid it down as an eternal maxim, that "delenda est Carthago," this hostile government by all means is to be subverted : and that though the Dutch pretended to have assurances that the parliament would furnish no supplies to the king, ho was confident that this hope, in which they extremely trusted, woidd soon fail them. Before tlio commons entered upon business, there lay before them an affair, which discovered, beyond a possibility of doubt, the arbitrary projects of tlio king ; and the measures taken upon it proved that the house was not at present in a disjiosition to submit to them. It had been the constant undisputed prac- tice, ever since the parliament in 1G04, for the house, in case of any vacancy, to issue out ^\rits for new elec- tions; and the chancellor, who, before that time, hail had some jireccdents in his f\ivour, had ever afterwards abstained from all exercise of that authority. This in- deed was one of the first steps which the commons had taken in establishing and guarding their privileges : and nothing could be more reqiwsite than this precau- tion, in order to prevent the clandestine issuing of wiit.s, and to ensure a fair and free election. No one but so desperate a minister as Shaftesbury, wdio had entered into a regular plan for reducing the people to subjection, could have entertained thoughts of break- ing in upon a practice so reasonable and so well esta.b- lished, or could have hoped to succeed in so hold an enterprise. Several members had taken tlieir seats upon irregular writs issued by the chancellor ; but tlio house was no sooner assembled, and the speaker placed in the chair, than a motion was made ag.ainst them ; and the members themselves had the modesty to with- draw. Their election was declareil null ; and iicv/ writs in the usual form were issued by the speaker. The next step taken by the commons had the ap- jiearance of some more complaisance ; but in reality proceeded from the same sjiirit of liberty and inde- ])riidence. They entered a resolution, that, in order to supply his majesty's extraordinary occasions, for that was the expression employed, they wouM grant eisliteen months' assessment, at the rate of 70,000 Chap- LXV.] CHj\RLES II. ICCO— 1685. ;)n poiiticls a niontli, ainoi;ntinEr in tlic whole to I,2fi0,n00 jioiinds. Tlioiif;li i;n\villini; to oiiie to a violent brejuli ivitli the liing, tiicy would not express (he least appro- liation of the war: and tlioy gave liim the prospect of (his snppl)-, only that they niisht have permission to jirocpcd peaceably in the redress of the other grievances, of which they had such reason to coni]>laiii. No grievance «;as more alarming, both on account of the secret vicns from which it jjrococded, and the consequences wliich might attend it, than Die declara- tion of indidgencp. A remonstrance v.as ininiediatoly framed against that exercise of prerogative. Tlie king defended his measure. The commons persisted in tlieir opposition to it ; and tliey represented, that such a practice, if admitted, might tend to interrupt the free course of the Iaw«, and alter the legislative power, wliich had always been acknowledged to reside in the king and the two houses. All men were in expecta- tion with regard to the issue of this extraordinary affair. The king seemed engaged in honour to support his measure; and in order to prevent all opposition, lie had positively declared that he would support it. The commons were obliged to persevere, not only because it was dishonourable to be foiled, where they conld ]ilead such stiong reasons, but also because, if the king prevailed in his pretensions, an end seemed to be put to all the legal limitations of the constitution. It is evident that Charles was now come to that deli- cate crisis which he ought at first to have foreseen, when he embraced those desperate counsels ; and liis resolutions in such an event, ought long ago to have been entirely fixed and detennined. Besides his usual guards, he had an army encamped at Blackheatli, under the command of niareschal Schomberg, a fo- reigner ; and many of the ofiiccrs were of the cathohc religion. His .ally, the French king, he might cxpcctj would second him, if force became requisite for restrain- ing liis discontented subjects, and supporting the nie.i- sures whicli, by common consent, they Iiad agreed to pursue. But the king was startled, when he ap- proached so dangerous a luecipice, as that which Lay before him. AVere violence once oifeied, there coidd be no return, he saw, to mutual confidence and trust with his people; the perils attending foreign succours, especially from so mighty a prince, were sufficiently apparent ; and the success which his own arms had met with in the war, was not so great .as to increase his au- thority, or terrify the malcontents from opposition. The desire of power, likewise, which had engaged Charles in these precipitate measures, had less pro- ceeded, we may observe, from ambition, than fiom love of ease. Strict limitations of the constitution rendered the conduct of business complicated and trou- blesome ; and it w.as impossible for him without much contrivance and intrigue, to procure the money neces- sary for his pleasures, or even for the regular support of government. "When the prospect, therefore, of such d.angerous opposition presented itself, the same love of case inclined him to retract what it seemed so difficult to maint.aiu; and bis turn of mind, natur.ally pliant and careless, made him find little objection to a measure which a more hau;;hty prince would have em- braced with the utmost reluctance. That he might yield with the better grace, he asked the opinion of the house of peers, who advised him to comply with the commons. Accordingly the king sent for the de- claration, and with his own hands broke the se.als. The commons cxpr.^ssed the utmost s,itisf;iction with this measure, and the most entire duty to his majesty. Charles assured them that ho would willlingly pass any law off red him, which might lend to give them satisfaction in all their just grievances. Shaftesbury, when he found the king recede at once from so capital a point, whicli he had publicly declared his resolution to maintain, concluded that .all schemes for enlarging royal authority were vanished, and that Charles was utterly incapable of pui-suiug such diffieult Tot. I. .and such !iazardous measures. The parliament, ho foresaw, might push their inquiries into those counsels, which were so generally odious; and the king from the same facility of disposition, might abandon his minis- tors to their vengeance. Ho resolved, therefore, to make his peace in time with that party which was likely to predominate, and to atone for all his violences in favour of monarchy, by like violences in opposition to it. Never turn was more sudden, or less calculated to s.avo appearances. Immediately, he entered into all the cabals of the country party ; and discovered to them, perhaps magnified, the arbitrary designs of the court, in which he himself had borne so deep a share. He was received with open arms by that party, who stood in need of so able a leader; and no questions were asked with regard to his late apostacy. The various foctions into which the nation had been divided, and the many sudden revolutions to which the public had been exposed, had tended much to debauch the minds of men, and to destroy the sense of honour and decorum in their public conduct. But the parliament, though satisfied with the king's compliance, had not lost all those apprehensions, to which the measures of the court had given so much foundation. A law passed for imposing a test on all who should enjoy any public office. Besides taking the oaths of allegi.ince and supremacy, and receiving the sacrament in the eetahlished church ; they were obliged to abjure all belief in thedoctrineof transubstantiation. As the dissenters had seconded the efforts of the com- mons .against the king's declaration of indulgence, and seemed resolute to accept of no toleration in an illei»al manner, they had acquired great tavour with the par- liament ; and a pr9ject was adopted to unite the whole protestant interest against the common enemy, who now began to appear formidable. A bill passed the commons for the ease and relief of the protestant non- conformists; but met with some difficulties, at least delays, in the house of peers. The resolution for supply w.as carried into a law ; as a recompense to the king for his concessions. An act likewise, of general pardon and indemnity was passed, which screened the ministers from all further inquiry. The parliament proh.ably thought, that the best me- thod of reclaiming the criminals was to show them that their case w as not desperate. Even the remonstiance, which the commons voted, of their grievances, may bo regarded as a proof, that their anger was, for the time, somewhat appe.ased. None of the capita! points are there touched on; the breach of the trij.le Kairue, the French alliance, or the shutting up of the exchequer. The sole grievances mentioned .are, an arbitrary impo- sition on coals for providing convoys, the exerci.se of martial law, the quartering and pit ssing of soldiers ; and they pi.ayed, that, after the conclusion of the war, tlie whole army shou'd be disbanded. The king gave tliem a gracious, though an ev.asive answer. When business was finished, the two houses adjourned them- selves. Though the king had receded from his declaration of indulgence, (29th March,) and thereby had tacitly relinquished the dispensing power, he w.as still resolved, notwithstanding his bad success, both at home and abroad, to persevere in his alliance with I'lunce, and in the Dutch war, and consequently in all those secret views, whatever they were, which depended on those fatal measures. The money, granted by parliament, sufiiced to equip a fleet, of which prince liiipert was declared admiral; for the duke w.a,s set aside by the test. Sir Edward Sprague and the earl of Ossory commanded under the prince. A French squadron joined them, commanded by d'Elrees. The coinhined fleets set sail towards the coast of Holland, (l'BiIi Slav,) and found the enemy, lying at anchor, witjiin the san'dis atSchonvelt. There is a natural confusion at tend in" sea- fights, even beyond other military transactions, dei ived from the precarious operations of winds and tides, as well as from tlie smoke and darkness in which every. 794 TITE 11ISTC>UV OF ENGLAND. Chap. LXV. tliinn; is there involved. No woncter, tliprcfore, tliat accounts of those battles are apt to contain uuceilain- ties and contrailictions; especially when delivered by WTiters of the liostilc nations, who take pleasure in esaltius the .advaiitaj:;es of their own conntrymen, and depressing those of the enemy. All we can sa\' with certainty of this battle is, that both sides boaslid of the victory ; .and we may thence infer, that the event was not decisive. The Dutch, bcin^ near home, retired into their harbours. In a week they were refitted, and presented themselves .again lo the combined fleets. A new action ensued, (Uli June,) not more decisive than the foregoing. It was not fought with great obstinacy on either side ; but vliether the Dutch or the allies first retired, seems to be a matter of uncertainty. The loss in the former of these actions fell chiefly on the French, whom the English, diffident of their intentions, took care to place under their own squadrons; and they thereby exposed them to all the fire of the enemy. There seems not to have been a sliip lost on either side in the second engagement. It was sufficient glory to de Ruiler, that, with a fleet much inferior to the combined squadrons of France and England, he could fight them without any notable dis- advantage; and it was sufficient victory, that he could defeat the project of a descent in Zealand, which, h.ad it taken place, had endangered, in the present circum- stances, the total overthrow of the Dutch commou- vealth. Prince Rupert was also suspected not to ftivour the king's projects for subduing Holland, or en- Lorging his autiiority at home; and from these motives. he was thought not lo have pressed so hard on the enemy, as his weIl-!vnown valour gave reason to e.^pect. It is indeed remarkable, that, during this war, though the English, with their allies, much-overmatched tlie Hollanders, they were not able to gain any advantage over them ; while, in the former war, tliongh often overborne by numbers, they still exerted themselves with the greatest eoiu'age, and always aequiied great renown, sometimes even signal victories. But they were disgusted at the present measures, which they deemed pernicious to their country; they were not s.atisfied in the justice of the quarrel ; and they en- tertained .a perpetual jealousy of their confederates, whom, had they been permitted, they would with much more pleasure have destroyed, than even the enemy themselves. If prince Rupert was not favourable to the designs of the court, he enjoyed as little favour from the court, at least fi'om the diik(», who, though he could no longer command the fleet, still possessed tiie chief authority in the admiralty. The prince complained of a total want of everything, powder, shot, provisions, beer, and even water : and he went into harbour, that he might refit his ships, and supply their numerous neces- sities. After some weeks he was refitted, .and he again put to sea. The hostile fleets met at the mouth of the Texel, and fought the last battle (11th August) which, during the course of so many years, these neighbouring m.aritimo powers have disputed with e.acli other. De Ruiter, and under him Tromp, commanded the Dutch in this action, as in the two former : for the prince of Orange had reconciled those gallant rivals : and they retained nothing of their former animosity, except that emulation, which made them exert themselves with more distinguished bravery against the enemies of their country. IJrankcrt was opposed to d'Etrees, de Ruiter to juiuco Rupert, Tromp to Sprague. It is to be re- marked, that in all actions these br.ave .admirals last mentioned had still selected each other, as the only ani.agonists worthy each other's valour ; and no deci- sive advantage had as yet been gained by either of them. They fought in this battle as if there were no mean between death and victory. D'Etri^es and .all the French squadron, except renr- ndmiral .Martol, ke))t .at a distance, and Brankert, in- stead of attacking them bore down to the assistance of tie Ruiter, who was engaged in furiou.'? combat with prince Rupert. On no occasion did the prince acquire more deserved honour: his conduct, as well as valour, shone out with signal lustre. Having disengaged his sijUixdron from the numerous enemies with whom lie was everywhere surrounded, and having joined sir .Tohn Chichlev, his rear-admiral, who hail been sepa- rated from him, hemade ha«te to fherelief of Sprague. who w.as hard pve-'^sed by Tromp"s squadron. The Royal Prince, in which Sprague first engaged, w.as so disabled, that he was obliged to hoist his flag on board the St. George ; while Tromp was, for a like reason, obliged to quit his ship, the Golden Lion, and go ou board the Comet. The fight was renewed. with the utmost fury by these valorous rivals, and by the rear-admirals, their seconds. Ossory, rear-admiral to Sprague, was preparing to board Tromp, when ho saw the St. George terribly torn, and in a nuinner disabled. Spr.ague was leaving hei-, in order to hoist his fl.ag on board a third ship, and return to the charge, when a shot, which had jiassed through the St. Geoi-ge, took his boat, and sunk her. The admir.al was drowned, to the great regret of Tiomp himself, who bestowed on his valour the deserved praises. Prince Rupert found affairs in this dangerous situa- tion, and saw most of the ships in Sprague's squadro!'. disabled from fight. The engagement, however, was renewed, and became very close and bloody. The prince threw the enemy into disorder. To increase it, he sent among them two fireships; and at the s.amo time made a signal to the French to bear down ; which, if they had done, a decisive victory must have ensued. But the jirince, when he saw that they neglected the signal, and observed that most of his ships were in no condition to keep the sea long, wisely provided for their safety by making easy sail tow.ards the English coast. The victory in this battle was as doubtful as in all the actions fought during the present war. The turn which the affairs of the Hollanders took by hand was more favonr.ahle. The prince of Orange be- sieged .and took Naerden; and from this success gave his country reason to hope for still more prosperous enterprises. Jlontecuculi, who comni.anded the Im- jierialists on the Upper Rhine, deceived, by the most artful conduct, the vigilance and penetration of Tu renne, and making a sudden march, sat down befoio Bonne. The piince of Orange's conduct was no less masterly; while he eluded all the French generals, and leaving them behind him, joined his army to that of the Imjierialists. Bonne w'as taken in a few days : several other places in the electorate of Cologne fell into the hands of the allies : and the communication being thus cat oft" between France and the United Provinces, Louis was obliged to recall his forces, and to abandon .all his conquests, with greater rapidity than he had at first m.ade them. The taking of Maestricht was the only advantage which he gained tlijs campaign. CONGRESS OF COLOGNE. A congress was opened at Cologne, under the medi- ation of Sweden ; but with small hopes of success. The demands of the two kings were snch as must have reduced the Hollanders to perpetual servitude. In pvojiortiou as the .affairs of the States rose, the kings sunk in their demands; but the Slates still sunk lower in their offers ; and it was found impossible for the parties ever to agree on any conditions. After the French evacuated Holland, the congress broke up; and the seizure of prince William of Frnstenburg by the Imperi.alists afforded the French and English a good pretence for leaving Cologne. The Dutch am- bassadors, in their memorials, expressed all the haugh- tiness and disdain, so natural to a free state, which had met with such unmerited ill-us.age. A PARLIAMENT. October -20. The p.arliament of England was now assembled, and Chap. LXVI.] CHARLES II. IGGO— 168-5. 796 discovered miicli gi'pntiT nyniplonis of ill Imnioiir tlinn liad appeared ill tlie List session. Tliey li.id seen for some time n negociatiou of inani.'igo cairiod on bo- Iwccn tlio diil->il and restrained by law. It liad appeared, that the present parliament, thougli elected during the greatest prevalence of the royal Jiarty, was yet tenaeions of jwpular jiriviloges, and retained a considerable jealousy of the crown, even before they had received any just ground of sus- pirion. The giiari-s, therefore, together Avith a small army, new levied, and niidiseiplined, and composed too of Englishmen, were almost the only domestic re- sources which the king could depend on in the prose- cution of these dangerous counsels. The assistance of the French king was, no doubt, doomed by the Cabal a considerable suiport in the schemes which they were forming ; Init it is not easily conceived that they could imagine themselves capable of directing and employing an associate of so domineer- ing a character. They ought justly to have suspected tliat it would be the sole intention of Louis, as it evi- dently was his interest, to raise incurable jealousies between the king and liis people ; and that he saw how much a steady imiform government in this island, ■whether free or absolute, would form invincible barriers to his ambition. Should his assistance be demanded ; if he sent a small supply, it would serve only to en- rage the people, and render the breach altogether irre- parable ; if he furnished a great force, sufficient to Bubdue the nation, there was little reason to trust his (jenerosity,with regard to the use which he would make of this advantage. In all its other parts, the pbn of the Cabal, it must be confessed, appears equally absurd and incongruous. If the war with Holland were attended with great suc- cess, and involved the subjection of the republic ; such an accession of force must fall to Louis, not to Charles ; and what hopes afterwards of resisting by the greatest unanimity so mighty a nionnrch ! How dangerous, or rather how ruinous, to depend upon his assistance against domestic discontents! If the Dutch, by their ov.-n vigour, and the assistance of allies, were able to defend themselves, and could bring the war to an equa- lity, the French arms would be so employed abroad, that no considerable re-enforcement could thence be expected to second the king's enterprises in England. And might not the project of overawing or subduing the people be esteemed, of itself, sufficiently odious, without the aggravation of sacrifieing that State, which they regarded as their best ally, and with which, on many accounts, they weio desirous of maintaining the greatest concord and strictest coufeJeracy ? Whatever views likewise might be cnteriabied of promoting, by these measures, the catholic religion, they could only tend to render all the other schemes abortive, and make them fall with inevitable ruin upon the projectors. The catholic religion, indeed, where it is established, is better fitted than the protestant for supporting an absolute monarchy; but would any m.an h.ave thought of it as the means of acquiring arbitrary authority in England, m here it was more detested than even slavery itself ? It must be allowed, that th.e difficulties, and even inconsistencies, attending the schemes of the Cabal, are so numerous and obvious, that one feels at first an inelin.ition to deny the re.nlity of those schemes, and to suppose them entirely the chimeras of calumny and faction. Put the utter impossibility of accounting, by any other hypotliosis, for those strange measures em- braced by th.e court, as well as for the numerous cir- cumstances wiiich accompanied them, obliges us to ac-_ knowledge (thou^;h there remains no direct evidence of it)* that a forr.ial plan was laid for chaugiug the religion, ■ Since •-he puliticition of tliis Histnry, the Aii'lior has had occision to see the most direct and poMthc cvi.tcnce of this coi-.spiracy. Kioto the hump.r.ity .•mil candour of the ininiipal it the Scotch fcHoKe at I'ai^s. he mm adnimcd tonenise James the Second's Menu lis, kept tiicre. *riiey amount to several tin'uinfs of small folio, all writ ivith that priiice's o.i n hand, and cinipre- l.cr.dinft the rcmarkat'le incidents of his life, fn.in his early youth til! i.ear liie time of his dcalh. His atc.tint uf the iieiii li alliance is as foUou-s :- The inleotioii of the kins and duke was ch-.cfly to ciiaoBe the rclipon of Kng- lar.d. which Ihev deemed an easy underlakii«, because if the great piopen- tSlv »j they iniaitiiiid, of the cavaliers and tjiuieh party to popery; the and subverting the constitution of England, aiid that the king and the ministry were in reality conspirators against the people. What is most probable in human affairs is not always true ; and a vciy minute circimi- stance, overlookeil in our speculations, serves often to explain events, which may seem the most surprising .and unaccountable. Tliougli the king possessetl pene- tration and a sound judgment, his capatity was chiefly fitted for smaller matters, and the ordin.ary occurrences of life ; nor had he application enough to carry his view to distant consequences, or digest .and adjust any plan of political operations. As ho scarcely ever . thought twice on any one subject, every .appearance of advantage was apt to seduce him ; and when he found his way obstructed by unlooked-for difficulties, ho readily turned aside into the first path, where he ex- pected more to gratify the natural indolence of his dis- position. To this versatility or pliancy of genius, he liimself was inclined to trust : and he thought, that after trying an experiment for enlarging his authority, and altering the national religion, he could easily, if it failed, return into the ordinary channel of government. But the suspicions of the people, though they burst not forth at once, were by this atlemjit rendered altogether incurable ; and the more they reflected on the circum- stances attending it, the more resentment and jealousy were they apt to entertain. They observed that the king never liad any favourite ; that he was never go- verned by his ministers, scarcely even by his mis- tresses; and that he himself was the chief spring of all public counsels. Whatever appearance, therefore, of a change might be assumed, they still suspected, that the same project was secretly in agitation; and they deemed no precaution too great to secure tliem against the pernicious consequences of such measures. The king, sensible of this jealousy, was inclinetl thenceforth not to trust his people, of whom he had even before entertained a great diffidence; and, though obliged to make a separate peace, he still kept u)) connexions with the French monarch. He apologized for deserting his ally, by repiesenting to him all the re.al undissembled difficulties under which he Laboured; and Louis, with the greatest complaisance and good humour, admitt.;d the validity of his excuses. Tiio il like likewise, conscious that his principles and con- duct had rendered him still more obnoxious to the people, maintained on his own account a sep.arate cor- lespondeuce with the French court, and entered into particular connexion with Louis, which these princes treatv tvith Louis tvas concluded, at Versailles, in theend of IGfM, or hegiiininff of 1070, by hird Arundel of Waniour, whom no historian mentions as hav- in^t h.ad any hand in these transactions. The piirpon of it vvas, that J,ouis w.is tti give Charles 2IIO.Iltlf'/. a year, in Quarterly payments, in order to cit- able him to settle the catholic rehgion in Kngland : and he ivas also to supply him with an armvof OlhKl men in ease of any insurrection. \Micn th.it work was finished, F.ngland was to join with p'rance in making war upon Unllanil. in case of success, Louis teas to have the inhmd pi-otinccs. the prince of Orange Holland in sovereignty, and Charles, Sluice, the Ih-ille, Walkeren. t.iih the Test of the seaports as far as -\lazeland Sluice. The king's project was first to effect the chanye of religion in Kngland ; but the duclicss of Orleans, in ihc interview at Dover, persuaded him to begin wifh the Dutch wpr, contrary to the remonstrances of the duke of York, who insisted that Louis, after serving his own purposes, would no longer trouble himself about England. The duke makes no mention of any design to render the king absolute; but that was, no doubt, implied in the other project, which tvas to be effected entiielv by royal authority. The king tvas so zealous a papist, that he wept for joy tvhcil he saw the pros y^et of re-uiiiting his kingdom to the catholic church. Sir John Dalrymple has since published some other curious particulars tvith ref-ard to this treaty. We find, that it tvas concerted and si^tned tvith the privity alone of four popish counsellors of the king's, Arliogton, Arundel, Clifford, and sir Hichard Be-aling. The secret was kept from Ihickingham, A.shley, and Lauderdale. In order to engage them to take part in it, a very refined and a very mean artifice was fallen upon by the king. After the se- cret conclusion and signature of the treaty, the king pretended to these three ministers, that he wished to have a treaty and .aULinee tvith I'lancc ft r mu- tual suppoit, and fora Dutch war; and tvhen various pretended tbstaelesand diffieulties weie suimountctl, a sham treaty tvas concluded; with their ci;n- sent and approbation, containing every article of the funntr real treaty, cx- ceiit tha' of the kinj's change of r-ligion. However, there was n.-toally in- volved, even in this treaty, the assuming of absolute government in hlig- lai'd ■ for the support of French tr.iops, and a war with Holland, so contrary to the interests and inclinations of his people, could mean nothing tlsc. One cannot buthcieotly admire the absolute want of common sense, tvhlen a|i- pears through the whole of this criminal ttansaction. For if popery tvas so much the objtct of national horror, that even the king's tlinc ministers. Iluckingham. Ashley, and Lauderdale, and such t.rolligatc ones tm. either would nut, or durst not receive it, what llofics could he emeitaiii i.f forcing the nation into that communion f Considering the state of the klngdoni, full of veteran and zealous soldiers, bred durinir the eivil tears, it Is pioba.'ie that he had n-n kept the crown tivo months after B declaration so wild and ettr-vagant. 'Fhis was probably the reason why the king of 1- ranee ann the French ministers alivavs dissuaded him fr, ni taking ofi the mask, till tnc .ucocsscs of the L'utch war should render that measure prudent and PLto- ticable. Chap. LXVI.J CHARLES II. 16G0-16S-3. VjI dignified witii the name of friendship. The duke had only in view to secure his succession, and favoui" the catholics ; and it must bo acknowledged, to his praise, tliat, though his schemes were, in some particulars, dangerous to the people, they gave the king no just ground of jealousy. A dutiful subject and an afl'uc- tionate brother, ho knew no otlier rule of conduct tlian obedience , and the same unlimited submission which nfVerwards, when king, ho exacted of his people, he was ever willing, before he ascended the throne, to pay to liis sovereign. KEMONSTRANCES OF SIR WILLIAM TEMPLE. As the king was at peace with all the world, and almost the only prince in Europe placed in that agree- able situation, he thouglit proper to oft'er his media- tion to the contending poweis, in order to compose their ditfeienccs. France willing to negociale under 80 favourable a mediator, readily accepted of Charles's offer : but it was apprehended, that, for a like reason, the allies would be inclined to refuse it. In order to give a sanction to his new measures, the king invited Temple from his retreat, and appointed him ambassa- dor to the States. That wise minister, reflecting on the unh.Tppy issue of his foriuer undertakings, and the fatal turn of counsels which had occasioned it, re- solved, before he embarked anew, to acquaint himself, as far as possible, with the real intentions of the king, in those popular measures which he seemed again to liave adopted. After blaming tlie dangerous schemes of the Cabal, which Charles w as desirous to excuse, he told his majesty very plainly, that he would find it ex- tremely difficult, if not absolutely impossible, to in- troduce into England the same system of government and religion which were established in France : that the universal bent of the nation Avas against both ; and it required ages to change the genius and sentiments of a people: that many, who were, at the bottom, indif- ferent in matters of religion, would yet oppose all alte- rations on that head ; because they considered that nothing bnt force of arms could subdue the reluctance of the people against pojjcry ; after w hich they knew there could be no security for civil liberty : that in France every circumstance liad long been .idjusted to that system of government, and tended to its estab- lishment and support : that the commonalty, being poor and dispirited, were of no account ; the nobility, engaged by the prospect of possession of numerous offices, civil and military, were entirely attached to the court ; the ecclesiastics, retained by like motives, added the sanction of religion to the principles of civil policy : that in England, a great part of the landed pro- perty belonged either to the yeomanry or middling gentry, the king had few otficos to bestow ; and could not himself even subsist, much less maintain an army, except by the voluntary supplies of his parliament : that if he had an army on foot, yet if composed of Englishmen, they would never be prevailed on to pro- mote ends which the people so muchfeared and hated: that the Roman catholics in England were not the hundredth part of the nation, and in Scotland not the two hundredth; and it seemed against all common sense to hope, by one part, to govern ninety-nine, who were of contrary eentiments and dispositions; and that foreign troops, if few, wonld tend only to inflame hatred and di>icontent ; and how to niiso and bring them over at once, or to maintain many, it was very difficult to imagine, To these re-isonings Tem[ile added the authority of Gourville, a Frenchman, for Avhom he knew the king had entertained a great esteem. " A king of England," said Gourville, " who will bo Hic man of his people, is the greatest king in the world : but if he will be anything more, he is nothing at all." The king heard, at first, this discourse with some im- patience ; but being a denterous dissemlder, he seemed moved at last ; an'J laying his hand on Temple's, said, with an appearing cordiality, " And I will be the nmn of my people." Templp, when he went abroad, soon found that the scheme of mediating a ]>eace was likely to prove abor- tive. The allies, beside their jealousy of the king's mcduition, expressed a great ardour for the continu- ance of war. Holland had stipulated w itli Spain never to come to an accommodatioD, till all things in Flan- ders were restored to the condition in which they had been left by the Pyreueau treaty. The emperor hail high pretensions in Alsace : and as the greater part of the empii'o joined in the alliance, it was hoped that France, so much overmatched in force, would soon bo obliged to submit to the terms demanded of her. Tho Dutch, indeed, oppressed by heavy taxes, as well as checked in their commerce, were desirous of peace; and had few or no claims of their own to retard it ; but they could not in gratitude, or even in good policy, ab.andon allies, to whose protection they had so lately been indebted I'or their safety. The prince of Orange likewise, who had great influence in their counsels, was all on fire for military fame, and was well pleased to be at the head of armies, from which such mighty successes were expected. Under various pretences, he eluded, during the whole campaign, the meeting with Temple ; and after the troops were sent into winter- quarters, he told that minister, in his first audience, that till greater impressions were m.ade on France, reasonable terms could not be hoped for : and it were therefore vain to negociate. CAMPAIGN IN 1674. The success of the campaign had not answered ex pectalion. The prince of Orange, with a superior army, was opposed in Flanders to the prince of Conde, and had hoped to penetrate into France by that quarter, where the frontier was then very feeble. After long endeavouring, though in vain, to bring Conde to a bat- tle, he rashly exposed, at Seneffe, a wing of his army ; and that active prince failed not at once to see and to seize the advaut.ige. But this imprudence of tlie prince of Orange was amply compensated by liis beha- viour in that obstinate and bloody action which ensued. He rallied his dismayed troops; he led tliem to the charge : he pushed the veteran and martial troops of France ; and he obliged the prince of Cond^, notwith- standing his age and character, to exert greater efforts, and to risk his person more than in any action where, even during the heat of youth he had evercomm.anded. After sunset, the action was continued by the light of the moon ; and it was darkness at Last, not the weari- ness of the combatants, which put an end to the con- test, and left the victory undecided. " The prince of Orange," said Condi-, with candour and generosity, " has acted, in everything, like an old captain, except venturing his life too like a young soldier." Oude- narde was afterwards invested by the prince of Or.ange; bnt he was obliged, by the Imperial and Spanish gene- rals, to raise the siege on the approach of the enemy. He afterwards besieged and took Grave; and at the beginning of winter, the allied armies broke up, with great discontents and complaints on all sides. The allies were not more successful in other places, Louis, in a few weeks, reconquered Franchecomte. In Alsace, Turenne displayed, against a much supe- rior enemy, all that military skill, which had long ren- dered him the most renowned captain of his age and nation. Uy a sudden and forced march, he attacked and beat at Sinfzheim the duke of Lorrain and Caprara, ge- neral of the Imperialists. Seventy thousand Germans poured into .\Isace, and took up their quarters in that province. Turenne, who had retired into Lorrain, returned unexpectedly upon them. He attacked and defeated a body of tho enemy at Mulhausen. He chased from Colmarthe elector of Brandenburgh, who connnaudcd the German troops. He gained a new advantage at Tr.rkheim. And having dislodged nil 798 THE HISTORY OF ENGLAND. [Chap I.XVI tlie allies, lie obliged them to repass the Rliine, full of shame for their multiplied defeats, aud still more of aDt,'er and compUiiiits against each other. In Kughind, all these events were considered liy the people with great anxiety and concern ; tliough the king and his ministers affected great indifference with regard to them. Considerable alterations were about this time made in the English ministry. Buckingham was dismissed, who luid long, by his wit and entertain- ing humour, possessed the king's favour. Arlington, now chamberlain, and Danby, the treasurer, possessed chiefly the king's confidence. Great liatred and jea- lousy took place between these ministers; and public affairs were somewhat disturbed by their quarrels. But Danby daily gained ground with his master : and Arlington declined in the same proportion. Danby was a frugal minister ; and by his application and in- dustry, he brought the revenue into tolerable ordei'. lie endeavoured so to conduct himself as to give offence to no party; and the consequence was, that ho w.as able entirely to please none. lie was a declared enemy to the French alliance ; but never possessed authority enough to overcome the prepossessions which the king aud tlie duke retained towards it. It must be ascribed to the prevalence of that interest, aided by money remitted from Paris, that the parliament was assem- bled so late this year; lest they should attempt to engage the king in measures against France, during the ensuing campaign. They met not till the approach of summer.* A PARLIAMENT, sipiil 13, IG/o. Every step taken by the commons discovered that ill-humour and jealousy to which the late open mea- sures of the kmg, and his present secret attachments, gave but too just foundation. They drew up a new bill against popery, and resolved to insert iu it many severe clauses for the detection and prosecution of priests: they presented addresses a second time against Lauderdale ; and when the king's answer was not satisfactory, they seemed still determined to persevere in their apjilications: an accusation was moved against Danby; but npou examining the several articles, it was not found to contain any just reasons of a prose- cution ; and was therefore dropped: they applied to the king for recalling his troops from the French ser- vice ; and as he only promised that they should not be recruited, they appeared to be much dissatisfied with the answer : a bill was brought in, making it treason to lev'y money without authority of parliament : another, vacating the seats of such members as accepted of offices : another, to secure the personal liberty of the subject, and to prevent sending any person prisoner beyond sea. PASSIVE OBEDIENCE. That tlie court party might not be idle during these attacks, a bill for a new test was introduced into the house of peers by the earl of Lindsey. All members of either house, aud all who possessed any oiEce, were by this bill required to swear, that it was not lawful, upon any pretence whatsoever, to take arms against the king ; that they abhorred the traitorous position of taking arms by his authority against his person, or .against those who were commissioned by him ; and that they will not at any time endeavour the alteration of the protestant religion, or of the established govern- ment either in church or state. Great opposition was made to the bill; as might be expected, from the present disposition of the nation. During seventeen days, the debates were carried on with much zeal; and all the reason .and learning of both parties were displayed on the occasion. The ques- • Tliis year, on the ?.'itli of March, died Henry Cromwell seconil son of the neoCA'tor, in the 47lh year of his age. He li.id lived unmolested in a private Etrttion, ever since the kinp's rettoiaUon, '.vhich he rather favoured than op- tion, indeed, with regard to resistance, was a point which entered into the controversies of tlie old parties, cavalier aud roundhead, as it made an esseuti.il part of the present disputes between court and country. Few neuters were found in the nation : but among sudi as could maintain a calm indifference, there prevailed sentiments wide of those which were adopted by either party. Such persons thought that a general specnla- tive declaration of the legislature, either for or iigainst resistance, were equally impolitic, and could serve to no other purpose than to signalize iu their turn the triumph of one faction over another: that the bimjili- city retained in the ancient laws of England as well as iu the laws of every other country, ought still to be preserved, and was best calculated to prevent the ex- tremes on either side : that the absolute exclusion of resist:iuce, in all possible cases, was founded on fulse piinciiiles: its express admission might be attended with dangerous consequences ; and there was no neces- sity for exposing the jiublic to either inconvenience : that if a choice must necessarily be made in the case, the preference of utility to truth in public iustitutions was apparent; nor could the supposition of resistance beforehand, and in general terms, be safely admitted in any government : that even iu mixed monarchies, where that supposition seemed most requisite, it was yet entirely supeifluous ; since no man, on the approach of extraordinary necessity, could be at a loss, though not directed by legal declarations, to find the proper re- medy : that even those who might at a distance, and by scholastic reasoning, exclude all resistance, would yet liearken to the voice of nature ; when evident ruin both to themselves aud to the public must attend a strict adherence to their pretended principles : that the question, as it ought thus to be entirely excluded from all determinations of the legislature, was, even among private reasoners, somewhat frivolous, and little better than a dispute of words: that the one party could not pretend that resistance ought ever to become a familiar practice ; the other would surely have recourse to it in great extremities : and thus the difference could only turn on the degrees of danger or oppression, which >vouId warrant this irregular remedy; a difference, which, ill a general question, it was impossible, by any language, precisely to fix or determine. There were many other absurdities in this test, par- ticularly that of binding men by oath not to alter the government either iu church or state ; siuce all human institutions are liable to abuse, and require coutinuiij amendments, which are, in reality, so many alterations. It is not indeed possible to make a law which does not innovate, more or less, iu the government. These difficulties produced such obstructions to the bill, that it was carried only by two voices in the house of peers. All the popish lords, headed by the earl of Bristol, voted against it. It was sent down to the house of commons, where it was likely.to undergo a ecrutiuy still more severe. But a quarrel, which ensued between the two houses, prevented the passing of every bill projected during the present session. One Dr. Shirley, being cast in a lawsuit before chanceiy against sir- John Fag, a mem- ber of the house of commons, preferred a petition of appeal to the house of peers. The lords received it, and summoned Fag to appear before them. lie com- jdained to the lower house, who espoused liis cause. They not only maintained, that no member of their house could be summoned before the peers ; they also asserted that the upper house could receive no appeals from any court of equity ; a pretensiou which extiemely retrenched the jurisdiction of the peers, and which was contrary to the practice that had prevailed during thi.s whole century. The commons send Shirley to prison; the lords assert their powers. Conferences are tried: but no accommodation ensues. Four lawyers are sent to the Tower by the commons, for transgressing the orders of the house, and pleading in this cause befu-j the peers. The peers denominate this ai'bitrary com Chap. LXVI.] CHARLES II. 1660—1685. 71)9 mitmcnt a bicacli of the Great Charter, and order the lieutenant of tlie Tower to release tlie prisoners: he declines oheJi'-nco : they apply to the king, and desire him to punisli the lieutenant lor his contempt. Tlie king summons both houses; exhorts them to unanimity; and informs tliem tliat the present tpiarrel had arisen from the contrivance of his and tlieir enemies, who ex- pected by tliat means to force a dissolution of the par- liament. His advice had no elVect : the commons con- tinue as violent as ever ; and the king finding that no business could bo finished, at last prorogued the parlia- Dient. (8tli .June.) Wlien the parliament was again assembled (13th October,) there appeared not in any respect a change in the dispositions of either house. The king desired supplies, as well for the building of ships, as for taking oft' anticipations which lay upon his revenue. He even confessed, that he bad not been altogether so frugal as he might have been, and as he resolved to be for the future ; though he asserted, that, to his great satisfac- tion, he liad found his expenses by no means so exor- bitant as some had represented them. The commons took into consideration the subject of 6ui)idy. Tliey voted 30(1,000 pounds for the building of ships; but they appropriated the sum by very strict clauses. They passed a resolution not to grant any supply for taking off the anticipations of the revenue.* This vote was carried in a full house, by a majority of four only : so nearly were the parties lialanced. The quarrel was revived, to -which Pr. Shirley's cause had given occa- sion. The proceedings of the commons discovered the eame violence as during the last session. A motion was made in the house of peers, but rejected, for ad- dressing the king to dissolve the present parliament. The king contented himself with proroguing them to a very long term. (22ud Tsovembcr.) Whether these quarrels between the houses arose from contrivance or accident was not certainly known. Each party might, according to their different views, esteem themselves either gainers or losers by them. The court might de- sire to obstruct all attacks from the commons, by giving them other eni]doyment. The country party might desire the dissolution of a parliament, which notwith- standing all disgusts, still contained too many royalists ever to serve all the purposes of the malcontents. Soon after the prorogation, there passed an incident, which in itself is trivial, but tends strongly to mark the genius of th.e EngUsh government, and of Charles's administration, during this period. The liberty of the constitution, and the variety as well as violence of the parties, had begotten a propensity for poUtical conver- sation ; and a.s the coffee-houses in particular were the scenes where the conduct of the king and the ministry was canvassed with great freedom, a proclamation was issued to suppress these jilaces of rendezvous. Such au act of power, during former reigns, would have been grounded entirely on the ])rerogative ; and before the accession of the house of Stuart, no scruple would have been entertained with regard to that exeicisc of authority. But Charles, finding doubts to arise upon his proclamation, had recourse to the judges, who sup- plied him with a chicane, and that too a frivolous one, by which he might justify his proceedings. The law, which settled the excise, enacted, that licences for re- tailing liquors might be refused to such as could not find security for payment of the duties. Uut coffee was not a liquor subjected to excise ; and even this power of refusing licences was very limited, ;.nd coidd not reasonably bo extended beyond the intention of the act. The king, therefore, observing the people to be much dissatisfied, yielded to a petition of the coffee- men, who promised for the future to restrain all sedi- tious discourse in their iiouses ; and the proclamation was recalled. • Sc\fral historians hftvc affimled, tliat Ihc commons found this session, riMii inquiry, that the king's revenue "as l.fitrtl.lJMJ pounds a year, and that tn« nrvi-v^ary cxjicnsc was Imt 7"U,*t'0 pounds: and have appealed to the Journals for a pmor. Itut there is na: the le&^C appearance ui tliis in the JoiiniAlc ; and the fact is impossible. CAMPAIGN OF JC75. This campaign proved more fortunate to the confe- derates than any other during the wliole war. Tho Erench took the field in Flanders with a numerous army ; and Louis himself servv d as a volunteer under the prince of Coudt;. lint notwithstanding his gieat jirejiarations, he could gain no advantages but the tak- ing of Iluy and Limbourg, places of small consequence. Tlie prince of Orange, with a considerable army, op- posed him in all his motions; and neither side was willing, without a visible advantage,to hazard a general action, which might be attended either with the entire loss of Flanders on the one hand, or the invasion of France on the other. Loui.s, tired of so inactive a campaign, returned to Versailles ; and the wliole summer passed in the Low Countries without any me- morable event. Turenne commanded on the Ujipcr Rhine, in oppo- sition to his great rival Jloutecucnli, general of the Imperialists. The object of the latter was to pass the Rhine, to penetrate into Alsace, Lorraine, or Bur- gundy, and to fix his quarters in these provinces: tho aim of the former was to guard the I'rench frontiers, and to disappoint all the scliemes of his enemy. Tho most oonsummate skill was displayed on both sides ; and if any superiority appeared in Turennu's conduct, it was chiefly ascribed to his greater vigour of body, by which he was enabled to inspect all the posts in person, and could on the spot take the justest mea- sures for the execution of his designs. By post- ing himself on the German side of the Rliinc, he not only kept Montecuculi from passing that river; lie had also laid his plan in so masterly a manner, that, in a few days, he must have obliged the Germans to decamp, and have gained a considerable advantage over them; when a period was put to his life, by a random shot, wliich struck him on the breast as he was taking a view of the enemy. The consternation of his army was inexpressible. The French troops, who, a moment before, were assured of victory, now considered themselves as entirely vanqui-shed ; and the Germans, who would have been glad to compound for a safe retreat, expected no less than the total destruc- tion of their enemy. But de Lorges, nephew to Tu- renne, succeeded him in the command, and possessed a great share of the genius and capacity of his prede- cessor. By his skilful operations, the French were enabled to repass tho Rhiii^, without conside:-abIe loss; and this retreat was deemed equally glorious with the greatest \-ictory. The valour of the English troops, who were placed in the rear, greatly contributed to s.ave the French army. They had been seized with the same passion as the native troops of France, for their brave general, and fought witli ardour to revenge his death on the Germans. The duke of Marlborough, then captain Churchill, here learned the rudiments of that art, which he afterwards practised with such fatal success against France. The prince of Condfi left the aimy in Flanders under the command of Luxembourg ; and, carrying with hira a considerable re-enforcement, succeeded to Turenne's command. He defended Alsace from the Germans, who had passed the Rhine, and invaded that province. He obliged them first to raise the siege of llagenau, then that of Saberne. He eluded all their attempts to bring him to a battle. And having dexterously pre- vented them from establishing themselves in Alsace, he forced them, notwithst,anding their superiority of numbers, to repass the Rhine, and to take up winter quarters in their own country. After the death of Turenne, a det.ichmcnt of the German army was sent to the siege of Treves — an en- terprise, in which the Imperialists, the Spaniards, the I'alatine, the duke of Lonain, and many other princes, p.assionately concurred. The project was well con- certed, and executed with vigour. Mareschal Crequi, on the other hsvnd, collected an army, and advanced 800 THE HISTORY OF ENGLAND. [Chap. LXVI. with a view of forcing tlie Germans to raise the siege. They left a iletaolinient to guard their Uncs ; and, under the command of the dukes of Zell and Osnaburgli, marched in quest of the enemy. At Cousahric, they fell unexpcetcdly, and with superior numbers, on Crequi, and put him to rout. He escaped with four attendants only; and throwing himself into Troves, resolved, by a, vigorous defence, to nialio atonement for his foi mei- error or misfortune. The garrison w.is brave, but not abandoned to that total despair by viliich their governor Avas actuated. They mutinied against his obstinacy ; capitulated for themselves; and because lie refused to sign the capitulation, they de- livered him a prisoner into the hands of the enemy. It is remarkable that this defeat, given to Crequi, is almost the only one which the French received at land, from Rocroi to Blenheim, during the course of abo^•e sixty years ; and these too full of bloody wars against potent and martial enemies: their \ictories al- most equal the number of years during that pciiod. Such was the vigour and good conduct of tliat mouarchy ! And such too were the resources and refined policy of the other European nations, by which tliey were en- abled to repair their losses, and still to confine that mighty power nearly within its ancient limits ! A fifth part of these victories would have sutKced, in another period, to have given to France the empire of Europe. The Swedes had been engaged, by the payment of large subsidies, to take part with Louis, and invade the territories of the elector of Brandenburg in Pomerania. That elector, joined by some Imperialists from Silesia, fell upon them with bravery and success. He soon obliged them to evacuate his part of that country, and he pursued them into their own. lie had an interview with the king of Denm.irk, who had now joined the confederates, and resolved to declare war against Swe- den. These princes concerted measures for pushing the victory. To all these misfortunes against foreign enemies were added some domestic insurrections of the common people in Guienne and Britauny. Though soon sup- ]>i-esscd, they divided the force and attention of Louis. Tlic only advantage gained by the French w as at sea. Jlessina in Sicily, had revolted; and a fleet under the duke de Vivonne was dispatched to support the rebels. The Dutch had sent a squadron to assist the Spaniards. A battle ensued, where de liuiter was killed. This event alone was thought equivalent to a victory. The French, who, twelve years before, had scarcely p. ship of war in any of their harbours, had raised them- selves, by means of jierseverance and policy, to be, in their present force, tliough not in their resoni-ces, tlie first maritime power in Europe. The Dutch, while in alliance with them against England, had supplied tlieni witli several vessels, and had taught them the rudi- ments of the diflicult art of ship-building. The English next, wlien in alliance with them against Holland, in- .structed them in the method of figlitingtheir ships, and of preserving order in naval engagements. Louis ■availed himself of every opportunity to aggrandize his people, while Charles, sunk in indolence and pleasure, neglected all the noble arts of government; or if at any time he roused himself from his letliargy, that in- dustry, by reason of the unhappy projects which he embi-aeed, was often more pernicious to the public tlian his inactivity itself. He was as anxious to pro- mote the naval power of France, as if the safety of his crown had depended on it; and many of the plans exe- cuted in tliat kingdom were iirst, it is said, digested and corrected by him. CONGRESS OF NIMEGUEN. 1070. The successes of the allies had been considerable the last campaign; but the Spaniards and Imperialists well hnew that France was not yet sufficiently broken, nor ! willing to sidimit to the terms which they resolved to impose upon Jier, Though they could not refuse the king's mediation, and Nimeguen,after many diilirnltics. was at last fixed on as the place of congress ; yet, under one pretence or other, they still delayed sending their ambassadors, and no progress was made in the negociation. Lord Berkeley, sir William Temple, and sir Lionel Jenkins, were the English ministers at Ni- megneu. The Dutch, who were impatient for peace, soou appeared : Louis, who hoped to divide the allies, and who knew that he liimself could neither be seduced nor forced into a disadvantageous peace, sent ambassa- dors: the Swedes, who hoped to recover by treaty what they had lost by arms, were also forward to ne- gociate. But as these powers could not proceed of themselves to settle terms, the congress, hitherto, served merely as an amusement to the public. CAMPAIGN OF 1070. It was by the events of the campaign, not the confer- ences among the negociators, that the articles of peace were to bo determined. The Spanish towns, ill forti- fied, and viorse defended, made but a feeble resistance to Louis ; who, by laying up magazines during the winter, was able to take the field early in the spring, before the forage could be found in the oj)en country. In the month of April he laid siege to Conde, and took it by storm in four days. Having sent tlie duke of Orleans to besiege Bouchaine, a small but important fortress, he posted himself so advantageously with his main army, as to hinder the confederates from reliev- ing it, or fighting without disadvantage. The prince of Oi'ange, in spite of the difficulties of the season, aud the want of provisions, came in sight of the French army ; but his industry served to no other pur- pose than to render Mm spectator of the surrender of Bouchaine. Both armies stood in awe of each other, and were unwilling to hazard au action, which might be attended with the most important consequences. Louis, though he wanted not personal courage, was little enterprising in the field : and being r&solved this campaign to rest contented with the advantages which he had so early obtained, he thought proper to intrust his army to mai-eschal Schomberg, and retired himself to Versailles. After his departure, the prince of Orange laid siege to JIaestricht : but meeting with an obstinate resist.ince, he was obliged, on the apjn'oach of Schomberg, who in the mean time had taken Aire, to raise the siege. He was incapable of yielding to adversity, or bending under mistbrtunes ; but be began to foresee, that, by the negligence aud errors of his allies, the war in Flanders must necessarily have a very unfortunate issue. On the Upper Rhine Philipsbourg was taken by the Imjicrialists. In Pomerania, the Swedes were so un- successful against the Danes and Brandeuburghers, that they seemed to be losing apace all those posses- sions, which, with so much valour aud good fortune, they had acquired in Germany. ' About the beginning of winter, the congress of Nimegnen was pretty full, and the plenipotentiaries of the emperor and Spain, two powers strictly conjoined by blood and alliance, at last appeared. The Dutch had threatened, if they absented themselves any longer, to proceed to a separate treaty with France. In the conferences and negociations, the disposition of tho parties became every day more apparent. 1G77. The Hollanders, loaded with debts and harassed with taxes, were desirous of putting an end to a war, in wliich, besides the disadvantages attending aU leagues, the weakness of the Spaniards, the divisions and delays of the Germans, prognosticated nothing but disgrace and misfortune. Tlieir commerce languished ; and, what gave them still greater anxiety, the commerce of Eng- land, by reason of her neutrality, flourished extremely ; and tli'ey were apprehensive, lest ad\antages, once lost, would never thoroughly be regained. They had themselves no further motive for continuing the war, than to secure a good frontier to Flandei's; but grati- Chap LXVI.] CHARLES II. 1660— 1685. 801 tude to tlic-ir allios still engaged them to try whether auothor camiiaign might procure a peare, which would give general satisfaction. The prince of Orange, urged by motives of honour, of ambition, and of animosity against I'^rauce, endeavoured to keep them steady to this resolution. The Spaniard.s, not to mention the other incurable weaknesses into whicli theii' monarcliy was fallen, were distracted witli domestic dissensions between the parties of the queen-regent and don John, natural brother to their young sovereign. Thougli unable of themselves to defend Flauders, they were resolute not to conclude a peace, which would leave it exposed to every a.s^ault or inroad; and while they made the most magnificent jnomises to the States, their real trust was in the protection of England. They saw tliat, if that small but important territory were once subdued by France, the Hollanders, exposed to so terrible a power, would fall into dependence, and would endeavour, by submissions, to ward oft' that destruction to which a war, in the lieart of their state, must necessarily ex- pose thorn. They believed that Louis, sensible how much greater advantages he miglit reap from the alli- ance tlian from the subjection of the republic, which must scatter its people and depress its commerce, would be satisfied with very moderate conditions, and would turn his enterprises against his other neigh- bours. They thouglit it impossible but the people and parliament of England, foreseeing these obvious conse- quences, must at last force the king to take part in the affairs of the continent, m which their interests were .so deeply concerned. And they trusted, that even the king himself on the approach of so great a dan- ger, must open his eyes, and sacrifice his prejudices in favour of France, to the safety of his own dominions. UNCERTAIN CONDUCT OP THE KING. But Charles here found himself entangled in such opposite motives and engagements, as he had not reso- Intiuu enough to break, or patience to unravel. On the one hand, he always regarded his alliance with France as a sure resource in case of any commotions among his own subjects; and whatever schemes he might still retain for cnlurginghisauthority, or altering the established religion, it was from that quarter alone he could e.xpect assistance. He had .actually in secret sold his neutrality to Frauce, and he received remit- tances of a milUou of livres a year, which was after- warils increased to two millions ; a considerable supply in the present embarrassed state of his revenue. And he dreaded lest the parliament should treat him as they had formerly done his father; and after they had en- gaged Lini in a war on the continent, should take advan- tage of his necessities, and make him purchase sup- plies by sacrificing his prerogative and abandoning liis ministers. On the other hand, the cries of his people and par- liament, seconded by Danby, Arlington, and mosiof his ministers, incited him to take part with the allies, and to correct the unequal balance of power in Europe. He might apprehend danger from opposing such earnest desires : he might hope for large supplies if he concur- red with them: and, however inglorious and Indolent his disposition, the renown of acting as arbiter of Eu- rope would jjrobably at intervals rouse hhn from his lethargy, and move him to support the high character with wliich he stood invested. It is worthy of observation, that during this period, the king was, by every one, abroad and at home, by France and by the allies, allowed to be the undisputed arbiter of Europe: and no terms of peace, which he would have prescribed, could have been refused by either party, though France afterwards found means to resist the same alliance, joined with England; yet was she then obliged to make such violent efforts as quite exhausted her ; and it was the utmost necessity which pushed her to find resources, far surpassing her Vol. I. own expectations. Charles was sensible, that, so long as the war continued abroad, he should never enjoy case at home, from the impatience and inijiortunity of his subjects ; yet could he not resolve to impose a peace by openly joining himself with either party. Terms advantageous to the allies must lose him tlio friendship of France : the contrary would enrage liis parliament, iletwecn these views, he perpetually fluc- tuated ; and from his conduct, it is observable, that a careless, remiss disposition, agitated by opposite mo- tives, is capable of as great inconsistencies as are inci" dent even to the greatest imbecility and folly. A I'AKLIAMENT. February 15. The parliament was assembled ; and the king made Ihcni a ]>lausible siiecch, in which he warned them against all differences among themselves : expressed a resolution to do his part for bringing their consultations to a happy issue ; and offered his consent to any law s for the further security of their religion, liberty, and property. He then told them of the decayed condition of the navy ; and asked money for repairing it : he in- formed them, that part of his revenue, the additional excise, was soon to expire ; and he added these words, — "You may at any time see the yearly established expense of the government, by which it will appear, that the constant and unavoidable charge being paid, there will remain no overplus towards answering those contingencies, which may happen in all kingdoms, and which have been a considerable burden on mo this last year." Before the parliament entered upon business, they were stopped by a doubt concerning the legality of their meeting. It had been enacted, by an old law of Edward III., " That parliaments should be held once every year, or oftener, if need be." The last proroga- tion had been longer than a year; and being supposed on that account Illegal, it was pretended to be equiva- lent to a dissolution. The consequence seems by no means just; and, besides, a later act, that which re- pealed tha triennial law, had determined, that It was necessary to hold parliaments only once in three years. Such weight, however, was put on this cavil, that Bucklugham, Shaftesbury, Salisbury, and Wharton lusisted strenuously in the house of peers on the inv.a- lldily of the parliament, and thenulUty of all its future acts. For such dangerous positions, they were sent to the Tower, there to remain during the jileasure of his majesty and the house. Bucklngliam, Salisbury, and Wharton, made submissions, and were soon after re- leased. But Shaftesbury, more obstinate in his temper, and desirous of distinguishing himself by his adhe- rence to liberty, sought the remedy of law ; and being rejected by the judges, he was, at last, after a twelve- month's imprisonment, obliged to make the same I submissions; upon which he was also releascil. The commons at first seemed to proceed with temper, They granted the sum of 586,000 pounds, for building thirty ships : though they strictly appropriated the money to that service. Estimates were given in of I the expense; but it was afterwards found that they | fell short near 100,000 pounds. They also voted, agree- i ably to the king's request, the continuance of the ad- ditional excise for three years. This excise had been granted for nine years in lt>68. Everything seemed to promise a peaceful and an easy session. CAMPAIGN OF 1677. But the parliament was roused from tlils tranquillity by the news received from abroad. The French king had taken the field in the middle of February, .and laid siege to Valenciennes, which he carried in a few days by storm. He next invested both Cambr.ay and St. Outers. The prince of Orange, alarmed with hifi progress, h.astily assembled an army, and marched to the relief of St. Omers. He was encountered by tlio 5 JC 602 THE HISTORY OF ENGLAND. [Chap. LXVl. Frcncli, under tlio duke of Oile.ins .ind niaresclial Liix- cmbouri^. The prince possessed great talents for war; conrao-e, .activity, vigilance, p.atiencc ; but still he was inferior in genius to those consummate generals op- posed to him by I.ouis ; and though he alw.ays found means to repair his losses, and to make head in a liltle time against the victors, he was, during his whole life, nnsuccessful. By a masterly movement of Luxem- bourg, he was here defeated, .and obliged to retreat to Ypres. Cambray and St. Omers were soon after sur- rendered to Louis. This success, derived from such great power and such wise conduct, infused a just terror into the English parliament. They addiessed the king, representing tlie danger to which the kingdom was exposed from the greatness of Fr.Tnce, and praying, that his majesty, by such alliances as he should think fit, would both secure his own dominions and the Spanish Netlierl.ands, and thereby qnict the fc.ars of his people. The king, desirous of eluding this application, which he consi- dered as a kind of attack on his measures, rejilied in general terms, that ho would use all means for the pre- servation of Flanders, consistent with the peace and safety of his kingdoms. This answer was an ev.asion, or rather a denial. The commons, therefore, thought proper to be more explicit. They entreated him not to defer the entering into such alliances as might attain lliat great end : and in case war with the French Uing should be the result of liis measures, they promised to grant him .all the .aids and supplies, which would ena- ble him to support the honour and interest of the na- tion. The king w.as also more explicit in his reply. He told them, that the only way to prevent danger, was to put him in a condition to make preparations for tlieir security. This message w.as uuderstood to be a demand of money. The parliament accordingly em- powered the king to borrow on the .additional excise 200,000 pounds at seven percent. — a very small sum ; indeed ; but which they deemed sufficient, with the ordinary revenue, to equip a good squadron, and fliereby put the n.atiou in security, till further resolu- tions should be taken. But this concession fell far short of the king's expec- tations. Tie therefore informed them, that, unices they granted him the sum of 600,000 pounds upon new fund.s, it would not be possible for liim, without expos- ing the nation to manifest d.anger, lo speak or act those things, which would answer the end of their several .addresses. The house took this message into consider- ation : but before they came to .any resolution, the king sent for them to Whitehall, where he told them, upon the word of a king, that they should not repent any trust which they would repose in him for the safety of "his kingdom ; that he would not for any considera- tion break credit with them, or emjiloy their money to other uses than those for which they intended it ; but that he would not hazard cither his own s.afety or theirs, by t.aking any vigorous measures, or forming new alliances, till he were in a better condition both to defend liis subjects .and offend his enemies. This speech brought affairs to a short issue. The king re- quired them to trust him with a large simi : he pawned liis royal word for their security : they must either run the risk of losing their money, or fail of those alliances which they had projected, and at the same time declare to all the world the highest distrust of their sovereign. FARLIAMENT'S DISTRUST OF THE KING. But there were many reasons which determined the house of commons to put no tiust in the king. They considered, that the pretence of danger was obviously groundless, while the French were ojiposed liy sucli powerful alliances on the continent, while the king w,as master of a good fleet at sea, and while all his subjects were so heartily united in opposition to foreign enemies. That the only justifiable reason, therefore, of Charles's backwardness, was not the apprehension of danger from abroad, but a diffidence, which he might peihaps have entertained of his parli.ament ; lest, .after engaging him in foreign alliances for carrying on war, they should take advantage of his necessities, and extort from liim concessions diingerous to his loyal diguity. That this parliament, by their past conduct, had given no foundation for such suspicions, and were so far from pursuing any sinister ends, that they had granted sup- plies for the first Dutch war ; for maintaining the triple league, though concluded without their advice; e\en for carrying on the second Dutch war, which was en- tered into contrary to their opinion, and contrary to themanifest interests of the nation. That, on the other hand, the king had, by former measures, excited very reasonable jealousies in his people; and did with a bad grace require at pre.'^eut their trust and confidence. That he had not scrupled to demand supplies for main- taining the triple league, at the very moment he w.as concerting measures for breaking it, and had .accord- ingly ein])loyed to that purpose the supplies which he had obtained by those delusive pretences. That his union with France, during the war against Holland, must have been founded on projects the most danger- ous to his people; and .as tlie same union w.as still secretly maintained, it might justly he feared that the same projects were not yet entirely abandoned. That he could not seriously intend to prosecute vigorous measures against France; since he had so long re- m.ained entirely nuconeerned during such obvious dan- gers; and, till prompted by bis parliament, whose proper business it was not to take the le.ad in those p.arts of administration, had suspended all his activity. I'hat if he re,ally meant to enter into a cordial union with his people, he would have taken the first step, and have endeavoured, by putting trust in them, to restore that confidence which he himself, by his rash conduct, bad first violated. That it was in vain to ask so small a sum as G00,000 pounds, in order to secure him against the future attempts of the parliament ; since that sum must soon be exhausted by a war with France, and he must again fall into that dependence, which was be- come, in some degree, essential to the constitution. That if he would form the necessary alli.anees, that sum or a greater, would instantly be voted ; nor could there be any reason to dread, that the p.arliament would im- mediately desert measures, in which they were engaged by their honour, their inclination, and the public in- terest. That the real ground, therefore, of the king's refusal, was neither appreiiension of danger from foreign enemies, nor jealousy of parliamentary encroachments ; but a desire of obtaining the money, which he intended, notwithstanding his royal word, to employ to other purposes. And that, by using such dishonourable means to so ignoble an end, he rendered himself still more unworthy the confidence of his people. The house of commons was now regularly divided into two parties, the court .and the country. Some were enlisted in the court-party by offices ; nay, a few by bribes secretly given them ; a practice first begun by Clifford, a dangerous minister: but great numbers were attached merely by inclination ; so far as they esteemed the measures of the court agreeable to the interests of the nation. Trivate views and faction had likewise drawn several into the country party : but there were also many of that parly, who had no other object than the public good. These disinterested mem- bers on both sides fluctuated between the factions: and gave the superiority sometimes to the court, sometimes to the opposition. In the present emergence, a general distrust of the king prevailed; and the parli.ament re- solved not to hazard their money, in expectation ot alli- ances, which, they believed, were never intended to be formed. Instead of granting the supply, they voted an address, wherein they " besought his m.ajesty to enter into a league, offensive and defensive, with the states- general of the United Provinces, against the growth and power of the French king, and for the preserva- Chap. LXVI.] CHARLES II. 1660-1685. bC3 tion of tlio Spanish Netlieiltinds ; and to make such olher alliances with the coulederates as slionld appear fit and useful to that end." They suppoitud tlioir advice with reasons, and promised speedy and effectual Rujiplies, for ]ireservin;j his majesty's honour and eu- euring the safety of the public. The kinij pretended tlie highest anger at this address, which he represented 09 a dangerous encroachment upon his prerogative. ]le reproved the commons in severe terms ; and or- dered them immediately to be adjourned. (8th May.) It is certain, that this was the critical moment, when the king both njight with case have preserved the ba- lance of power in Eurojie, which it has since cost this island a great expense of blood and treasure to restore, and might by perseverance have at last regained, iu Bome tolerable measure, after all past enors, the confi- dence of Ills people. This o|>portunity being neglected, the wound became incurable ; and notwithstanding his momentary appearances of vigour against France and popery, and Iheir momentary inehnatlous to rely on his faith, /i« was still believed to be at bottom en- gaged in the same interest, and thei/ soon relapsed into distrust and jealousy. The secret memoirs of this reign, which have .since been published,* prove beyond a doubt that the king had at this time concerted mea- sures with France, and had uo intention to enter into war in favour of the allies, lie bad entertained no view, therefore, even when he pawned his royal U'oiiD to his iieople, than to procure a grant of money ; and ho trusted, that, w bile he eluded their expectations, he could not afterwards want pretences for palliating his conduct. Negociations meanwhile were carried on between France and Holland, and an eventual treaty was con- cluded ; that is, all their dift'erences were adjusted, provided they could afterwards satisfy their allies on both sides. This work, though iu appearance difficult, seemed to be extremely forwarded, by further bad suc- cesses on the part of the confederates, and by tlie great impatience of the Hollanders ; when a new event hap- pened, which promised a more pro.sperous issue to the quarrel with France, and revived the hopes of all tho Knglish, who understood the interests of their country. The king saw with regret tho violent discontents which prevailed in the nation, and which seemed every day to augment upon him. Desirous by his natural temper to bo easy himself, and to make everybody else easy, ho sought expedients to appease those murmurs, which, as they were very disagreeable for the present, iniglitin tlu'ir consequences prove extremely dangerous. lie knew that, during the late war with Holland, the malcontents at home had made ai)plicatians to the I>rince of Orange; and if be continued stHl to neglect the prince's interests, and to thwart the inclinations of his own peoi)le, he apprehended lest tlieir common complaints should cement a lasting union between (hem. He saw that tlie religion of the duke inspired the nation with dismal apprehensions ; and tliough he bad obliged bis brother to allow the young princesses to be educated in the protestaut faith, something fur- ther he thought was necessary, in order to satisfy the nation. He entertained, therefore, proposals for mar- rying the prince of Orange to the lady Mary, the elder princess, and iicir apparent to the crown (for the duke Lad no male issue,) ami he hoped, by so tempting an oft'or, to engage him entirely in bis interests. A peace he purposed to make; sucii as would satisfy France, find stiil preserve his connexions with that crown ; and lie intended to sanctify it by the approbation of the prince, whom he found to be extremely revered in • Such u the letters which phased between Dauby and Montague, the Kind's BtnbassuJnr «i I'Aris ; Temple's Memolraand hii Letters. In tliesc last, we see that the kinjc never made any proposals of terms but what were advan- ta^e<'us to Fiance, and tlie pniice of Orange believed them to have always .vtn conccrti-d with the French ambassador Vol. i. p. 4.'5!l. In sir John Ilalryinpl'.'s Aiips-ndit. p. Hi;{, it appears thit the king h,-;d rlftneti hiinvetf, udihout t'le panicipation of his miitisurs, a secret tnaitv with Krancc, and had obtained a pension on the promise of lib ncutnUicy; a fact, sihich renilers his iw.nl ti'ntft, solemnly Riven to liis subjitjta, one of the most dbjtoiiouiable and ijio.t kraiidalous acts tliat ever proceeded from a throne. England, and respected throughout Europe. All the reasons for this alliance were seconded by the solicita- tions of Panby, and also ofTemjile, who was at that time iu Englauil : and Charles at last granted permis> sion to the prince, when tho campaign should be over, to pay iiim a visit. MARRIAGE OF THE PRINCE OF ORANGE WITH THE LADY MAUY. Oclober 23. The king very graciously received his nejihew at Newmarket. lie would have entered immediately upon business; but the luince desired first to be ac- quainted with the lady Mary : and bo declared, that, contrary to the usual sentimentsof persons of ld>; rank, he placed a great part of happiness in domestic satis- faction, and would not, upon any consideration of in- terest or politics, match himself with a person disa- greeable to him. He was introduced to the princess, whom he found in the bloom of youth, and e-xtremely amiable both in her person and her behaviour. The king now thought that he had a double tie upon him, and might safely expect his compliance with every proposal : he was surprised to find the prince decline all discourse of business, ami refuse to concert any teniis for the general peace, till his marriage should be finished. He foresaw, he said, from the situation of artitirs, that his allies were likely to have hard terms; and he never would exjiose himself to the re]iruach of having sacrificed their interests to promote his own purposes. Charles still believed, notwithstanding the cold, severe manner of the prince, that ho woidil abate of this rigid punctilio of honour; and he protracted the time, hoping, by his own insinuation and address, as well as by the allurements of love and ambition, to win him to compliance. One day. Temple found the prince in very bad humour, repenting that he hiul ever come to Kriglaiul, and resolute m a few dtiys to leave it : but before he went, the king, he saiil, must choose the terms on which they should hereafter live together: he was sure it must ho like the greatest friends or the greatest enemies: and he desired Temple to inform his master next morning of tliese intentiun.s. Charles was struck with this menace, and foresaw how the prince's departure wouhl be interpreted by the peojile. He resolved, therefore, immediately to yield wiiii a good grace; and having paid a compliment to his nephew's honesty, he told Temple, that the marriage was con- cluded, and di sired him to inform the duke of it, as of an affair already resolved on. The duke seemed surprised; but yielded a proiii]it obedience: which, ho said, was his constant maxim to whatever he found to be the king's pleasure. No measure during this leigii gave such general satisfaction. All parties strove who should most ajiplaud it. And even Arlington, who had been kept out of the secret, told the prince. "That some things, good in themselves, were spoiled by tJi'-' manner of doing them, as some things bad were mended by it; but he would confess that this was a thing so good in itself, that the ni;muer of doing it could not spoil it." This marriage was a gi-cat surprise to Louis, who, accustomed to govern everything in the English court, now found so important a step taken, not only without his consent, hut without his knowledge or pai ticijia- tion. A conjunction of England with the allies, and a vigorous war in opposition to French .ambition, were the consequences immediately expected both abroad and at home : but to check these sanguine hopes, tho king, a few days after the marriage, prolonged the adjourn- ment of the parliament from the third of December to the fourth of April. This term was too late for grant- ing supplies or making preparations for war ; and could be chosen by the king for no other reason, than as an atonement to Franco for his consent to the marri.ntre. It ajipears also, that Charles secretly received from Louis the sum of two millions of livres on accoimC of this important service. 604 THE II!STOR\ OF ENGLAxND. ICnAP. LXVI PLAN OF PEACE. The king, however, pnlered into coiisiiltutious with llie prince, together with Danby and Tuniple, couccrii- iiig the terms which it would bo proper to require of Fniuce. After some debate, it was agreed tliat France should restore Lorrain to the dulce; with Tournay, Valenciennes, Conde, Aeth, Charleroi, Courtrav, Oude- narde, and Diriche, to Spain, in order to form a good frontier fur th.e Low Countries. Tlie prince insisted tliat Franchecomte slioukl likewise be restored ; and Charles thought that, because he had patrimonial estates of great value in that province, and deemed his pro- pert-v more secure in the hands of Spain, he was en- gaged by such views to be obstinate in that point : but the prince declared, that to procure but one good town to the Spaniards in Flanders, he would willingly relin- quish all those possessions. As the king still iusisccd on the impossibility of wresting FraucliecomtS from Louis, the prince was obliged to acquiesce. Notwithstanding this concession to France, the pro- jected peace was favourable to the allies ; and it was a sufficient indication of vigour in the king, that be had given his assent to it. He further agreed to send over a minister instantly to Paris, in order to propose these terms. This minister was to enter into no treaty. He was to allow but two days for the acceptance or r(!fusal of the terms : upon the expiration of these, he was presently to return : and in case of jefusal, the king promised to enter immediately into the confede- racy. To carry so inipeiions a message, and so little expected from the English court, Temple was the per- son pitched on, whose declared aversion to the French interest was not likely to make him fail of vigour and promptitude in the execution of his commission. Lut Charles next day felt a relentiug in this assumed vigour. Instead of Temple he dispatched the earl of Fevershani, a creature of the duke's, and a Fienchman by birth: and he said, that the message being harsh iu itself, it was needless to aggravate it by a disagreeable nu^sseuger. The prince left London; and the king, at his departure, assured him that he never would abate in the least point of the scheme concerted, and would enter into war witli Louis, if he rejected it. NEGOCIATIONS. Louis received the message with seeming gentleness and complacency. He told Fevershani, that the king of England well knew that he might always be master of the peace ; but some of the towns iu Flanders, it Eeenied very hard todem.ind, especially Tournay, upon whose fortification such immense sums had been ex- pended: he would therefore take some short time to consider of an answer Fevershani said, that he was limited to two days' stay : but when that time was elapsed, he was prevailed on to remain some few days longer; and he came .away at last witliout any positive answer. Louis said, that he hoped his brother would not bre.nk with him for one or two towns: and with regard to them too, he would send orders to his ambas- Bador at London to treat witli the king liimself. Charles was softened by the softness of France ; and the blow was thus artfully eluded. The French ambassador, Barillon, owned at last, that he had orders to yield all except Tournay, and even to treat about some equiva- lent for that fortress, if the king absolutely insisted upon it. The prince was gone, who had given spirit to tlio Kiiglisli court ; and the nej^ociation began to draw out into messages and returns from Paris. By iuterv.als, however, the king could rouse himself and show still some firmness and resolution. Finding that affairs were not likely to come to any conclusion with France, ho summoned, notwithstanding the long adjoin nment, the parliament on the fifteenth of January — an unusual measure, and capable of giving alarm to the French court. Temple was sent for to the coun- cil, nnd the king told him, that he iutendiKi he should go to Holland, in order to form a treaty of alli.inco with the States; and that the purpose of it should bo, like the triple league, to force both France and Spain to accept of the terms proposed. Temple was sorry to find ibis act of vigour qualified by such a regard to France, and by such an appearance of indiiference .and neutrality between the parties. He told the king, that the resolution agreed on, was to begin the war in con- junction with all the confederates, in case of no direct and immediate answer from France : that this mea- sure would satisfy the prince, the allies, and the people of England; advantages which could not be expected from such an alliance with Holl.and alone : that Fiance would be disobliged, and Spain likewise ; nor would the Dutch be satisfied with such a faint imitation of the triple league, a measure concerted when they were equally at peace with both i)arties. For these reasons, Temple declined the employment; and Lawrence Hyde, second sou of chancellor Clarendon, was sent in his place. IG78. The prince of Orange could not regard w ithont contempt such symptoms of weakness and vigour con- joined in the English counsels. He was resolved, how- ever, to make the best of a measure which he did not apju-ove ; and as Spain secretly consented that her ally should form a league, which was seemingly directed against her as well as France, but which was to fall only on the latter, the States concluded the treaty (Gtli .January) in the terms proposed by the king. Meanwhile the English parliament met, (28th Janu- ary,) after some new adjournments ; and the king was astonished, that notwithstanding the resolute measures which, he thought, he had taken, great distrust and jealousy and discontent were apt, at intervals, still to prevail among the members. Though in his speech l.e iiad allowed that a good peace could no longer be expected from negociation, and assured tliem that ho was resolved to enter into a war for that purpose ; the commons did not forbear to insert in their reply several harsli and even unreasonable clauses. Upon his re- proving them, they seemed penitent, and voted, th.at they w ould assist his majesty in the prosecution of the war. A fleet of ninety sail, an army of thirty thou- sand men, and a million of money, were also voted. Great difficulties were made by the commons with re- gard to the army, which the bouse, judging by past measures, believed to be intended more against the liberties of England than against the progress of the French monarch. To this perilous situation had tlie king reduced both himself and the nation. In all de- bates, severe speeches were made, and were received with seeming approbation : the duke and the treasurer beg.an to be apprehensive of impeachnients : many mo- tions against the king's ministers were lost by a small m.ajority: the commons appointed a day to consider the state of the kingdom with regard to popery; and they even went so far as to vote, that, how urgent soever the occasion, they would lay no further ciiargo on the people, till secured against the prevalence of the catholic party. In short, the parliament was impatient for war whenever the king seemed averse to it ; but grew suspicious of some sinister design as soon as he complied with their requests, and seemed to enter into their measures. 'I'he king was enraged at this last vote : he reproached Temple with his popular notions, as he termed theiu ; and asked him how he thought the house of commons could be trusted for carrying on the war, should it be entered on, when in the very commencement they made such declarations ? The uncertainties indeed of Charles's conduct were so multiplied, and the jealou- sies on both sides so incurable, that even those who approached nearest the scene of action could not du- termiup, whether the king ever seriously meart to enter into a war, or whether, if he did, the house of commons would not have taken advant.ige of his neces- sities, and made him purchase supplies by a grenfi sacrifice of his authority. Chap. LXVI J CHARLES n. KitIO— 1685. 80,^ CAMPAIGN OF 1678. The king of Fiance knew Iiow to avail himself of all the advantages which these distractions afforded liim. By his emissaries, he represented to the Dutch tlie im- prudence of their depending on England ; where an iD'loIent king, averse to all war, especially with France, and irresolute in his measures, was actuated only by the uncertain breath of a factious parliament. To the aristoeratical party, he remarked the danger of the prince's alliance with the royal family of England, and revived their approlw-nsions, lest, in imitation of his fatiier, w!io Iiad been honoured with the same alliance, he should violently attempt to enlarge his authority, and enslave his native country. In order to enforce these motives with further terrors, he liimself took the field very early in the spring; and after threatening Luxembourg, Mens, and Namur, he suddenly sat down before Ghent and Ypres, and in a few weeks made liiuiself master of both places. This success gave great alarm to the Hollanders, who were nowise satis- fied with the conduct of England, or with the ambi- guous treaty lately concluded ; and it quickened all their advances towards an accommodation. Immediately after the parliament had voted the supply, the king began to enlist forces ; and such was the ardour of the English for a warwitli France, that an army of above 20,000 nieu, to the astonishment of Europe, was completed in a few weeks. Three thou- sand men, under the duke of Monmouth, were sent over to secure Ostend : some regiments were recalled from the French service ; a fleet w.as fitted out with great diligence; and a quadruple alliance was projected be- tween England, Holland, Spain, and the emperor. But these vigorous measures received a sudden damp from a passionate address of the lower house ; in which they justified all their past proceedings that had given disgust to the king ; desired to be acquainted with the measures taken by him ; prayed him to dis- miss evil counsellors ; and named in particular the duke of Lauderdale, on whose removal they strenu- ously insisted. The king told them, that their address was so extravagant, that he was not willing speedily to give it the answer which it deserved. And he began again to lend an ear to the proposals of Louis, who oUcred hira great sums of money, if he would consent to France making an advantageous peace with the allies. NEGOCIATIONS. Temple, tliough pressed by the king, refused to have any concern in so dishonourable a negociation ; but he informs ns that the king said, there was one article proposed, which so incensed him, that as long as he lived he should never forget it. Sir William goes uo further ; but the editor of his works, the famous Dr. Swift, says, that the French, before they would agree to any pay- ment, required as a preliminary, that the king should engage never to keep above 8000 regular troops in Great liritain.* Charles broke into a passion. " Cod's-fish !" said he, his usual oath, "does my brother of France think to serve me thus? Are all his promises to m.ike me absolute master of my people come to this ? Or does he think that a thing to be done with eight thou- sand men ?" Van Beverning was the Dutch ambassador at Nime- gucn, a man of great authority with the States. He was eager for peace, and was persuaded, that the re- luctance of the king and the jealousies of the parlia- ment would for ever disappoint the allies in their liopes of succour from England. Orders were sent him by the States to go to the French king at Ghent, and to concert the terms of a general treaty, as well as procure a present truce for six weeks. The terms • To TVit, 3000 men for ScotlAnd. and the usiiRl guards and garrisons in EnglAud, Kmoimliug to near SUW men.— Sir J. Datrymple's Appendix, p. IGl agreed on were muili worse for the Si)an!ards th.m those which had been planned by the king and the prince of Orange. Si.\ towns, some of them of no great importance, were to be restored to them : but Ypres, Coude, Valenciennes, and Tournay, in which consisted the chief strength of their frontier, were to remain with France. Great murmurs arose in England when it was known that Flanders was to be left in so defenceless a condi- tion. The chief complaints were levelled against the king, who, by his concurrence at first, by liis favour afterwards, and by liis delays at last, had raised tho power of France to such an enormous height, that it threatened the general liberties of Europe. Charles, uneasy under these imputations, dreading the conse- quence of losing the affections of his .subjects, and perh.aps disgusted with the secret article proposed by France, began to wish heartily for war, whiiii, he hoped, would li.ave restored him to his ancient popul.arity. An opportunity unexpectedly offered itself for his di.splaying these new dispositions. While the ministers at Nimeguen were concerting the terms of a general treaty, the marquis de Balbaces, the Spanisli ambassa- dor, asked the ambassadors of France, at what time France intended to restore the six towns in Flandei-.s. They made no difficulty in declaring that thekiuj^ their master, being obliged to see an entire restitution made to the Swedes of all they had lost in the war, could net evacuate these towns till that crown had received satis- faction ; and that this detention of places was the only means to induce the powers of the north to accept of the peace. The States immediately gave the king intelligence of a pretension which might be attended with such dan- gerous consequences. 1 he king was both surprised and angry. lie immediately dispatched Temple to concert with the States vigorous measures for opposing France. Temple in six days concluded a treat}', by which Louis was obliged to declare, within sixteen da3's after the date, that he would presently evacuate the towns ; and in case of his refusal, Holland was bound to continue the war, and England to declare imme- diately against France, in conjunction with the whole confederacy. All thesewarlikemeasnreswere so ill seconded by the parliament, where even the French ministers were sus- pected, with reason,* of carrying on some intrigues, that the commons renewed their former jealousies against the king, and voted the arm}- immediately to be disbanded. The king by a message rejjreseiited the danger of disarming before peace was finally con- cluded; and he recommended to their cousideratiou, whether he could honourably recall his forces from those towns in Flanders, which were put \inder his protection, and which bad at present no other me.ans of defence. The commons agreed to prolong the term » sir J. Daln'mple, in his Appendix, has given us, from lUrillon's des- patches, in the secretary's office at Paris, a more particular detail of these in- trigues. They were carried on with lord lUissrll, lord Mollis, lord Uerksliire, the duke of Uuckingham, Algernon Sydney, Montague, Uulstroi-nts or iTibes fn^m Itarillon. Hut we are to remark, that the party \-icws ol these men, and their well-founded jealousies of the king and duke, e'ngag. d tlitm, independentiy of the money, into the same measures that ts'ere suggested to them by the Fren.h ambassador. The intrigues of Fran,-e, therefore, with the parliament, werea (nighty sm.dl engine in the political machii,e. Those with the king, wliicit have always ticen known, xi ere of infinitely greater consequence. liie sums distributed to all these men, excepting Montague, did not exceed Ifi.U'O pounds in three years; and therefore could ha\e little weight in the two houses, especially when opposed to the influence of the crown. Accordingly we find, in all Rarillon's despatches, a gieat anxiety that the parliament should never be assembled. '1 he conduct of these Knglish patriots was ini^e mean than criminal ; and monsieur Courten says, that two liundrcd thousand lisTes, employed by the Spaniards and German-, would have more influence than two millions distributed by France. See Sir J. Dalrymplc's Appendix, p. HI. Itis amusing to observe the ycnetal, and I mav say national, rage excited by the late discovery of this secret negociation ; cViietly on account of Algernon Sydney, whom the blind prtjudiccsof party had exalted into a liero. His ingratitude and breach of faith, in applying for the king's pardon, and immediately on his return entering into cabals lor rebellion, form a condnct much more criminal than the talving of French gold. Vet the former circum- stance uaa always known, and always disregarded. Hut evervthing i-on- nccted with Franc, is supposed in Fngland to be polluted bcvond all iKissibl- lity of expiation. Even lord Russell, wliose conduct in this negociation tnu only factious, and that Id an ordinary degree, is imni^ned to be iliahcncttT'd by the same discovery. 806 Till-. HISTORY OF ENGLAND. [Chap. LXVI. with rccanl to those forces. Everything indeed in Europe boi-e the appeavance of war. France had po- sitively (K'clarod that she woiihl not evacnate the six towns before the requisite cession was made to Sweden; and her honour seemed now en^jaged to support tliat declaration. Sp.ain and the empire, disgusted with the f.erms of peace inipos'-'d by Holland, saw with pleasure the prospi"ct of a powerful su]iporl from llie new reso- lutions of Cliarles. Holland itself, encoura;,'ed by the prince of Orange and his jiarty, was not disjileascd to (ind that the war would be renewed on more equal terms. The allied army, under that prince, was ap- proaching towards Mon.i, then blockaded by France. A considerable body of English, under the duke of JIou- mouth, was ready to join liim. Charles usually passed a great part of his time in the women's ap.artments, jjarticularly those of the duchess of rortsmouth ; whore, among other gay company, ho often met with Barillon,the French amba,ss.ador, a man of polite conversation, who was admitted into all the amusements of that inglorious but agreeable monarch. It was the charms of this sauntering,easy life, which dm-- ing his latter years, att.ached Charles to his mistresses. By the iusinuationsof BariUon,and the duchess of Ports- mouth, an order was, in an unguarded hour, procured, ■wliich instantly changed the face of affairs in Europe. One Du Cros, a French fugitive monk, was sent to Temple, directing him to apply to the Swedish ambas- sador, .and persuade him not to insist on the conditions required by France, but to sacrifice to general peace those interests of Sweden. DuCros, who liad secretly received instructions froni Barillon, jniblished every- where in Holland the commission with which he was intrusted; and all men took the alarm. It was con- cluded, that Charles's sudden alacrity for war was as suddenly extinguished, and that no steady measures could ever be taken with England. The king after- wards, when he saw Temple, treated this important matter in raillery ; and said, laughing, " that tlie rogue Du Cros had outwitted them all." The negociations, however, at Nimeguen still con- tinued ; and the French ambassadors spun out the lime till the morning of the critical day, wliich, by the late treaty between Eugl.and and Holland, was to de- termine whether a sudden peace or a long war were to have place in Christendom. The French ambassadors came then to Van Beverning, and told him, that they liad received orders to consent to the evacuation of the towns, and immediately to conclude and sign the peace. Van Beverning might have refused compliance, because it was now impossible to procure the consent and con- currence of Spain; but lie had entertained so just an idea of the fluctuations in the English connsel-s, and was so much alarmed by the late commission given to Du Cros, that he deemed it fortunate for the republic to finish on any terms a dangerous war, where they were likely to he very ill supjiortcd. The papers were in- stantly drawn, and signed by the ministers of France and Holland, between eleven and twelve o'clock at night. (August 1.) By tiiis treaty P'rance secured the possession of Francheconite, together with Cambray, Aire, St. Omcrs, Valenciennes, Tournay, Ypres, Bouchaine, Casscl, &c., and restored to Spain only (-'barleroi, Courtrai, Oudeuarde, Aeth, Ghent, and Limbourg. Next day Temple received an express from England, wliich brought the ratifications of the treaty lately concluded with the States, together with orders imme- diately to proceed to the exchange of them. Charles was now returned to his former inclinations for war with Fr.-vnce. Van Beverning was loudly exclaimed against by the fimbassadors of the allies at Nimeguen, especially those ot Brandenburg and Denmark, whose masters were obliged, by the treaty, to restore all their acquisitions. The ministers of S|.ain and the emperor were sullea und diRgnsted ; a,nd all mon linpcd that the tates, im- luiiun^l and encouraged by continual solicitations j from England, would disavow their ambassadors, antl renew the war. The prince of Orange even took an e.xtraordinaiT step in order to engage them to that measure ; or perhaps to give vent to his own spleen and resentment. The day after signing the peace at Nime- guen, he attacked the French army at St. Dennis, near Mens; and gained some advantage over Luxem- bourg, who rested secure on (he faith of the treaty, and concluded the war to be finished. The prince knew, at least had reason to believe, that the peace was signed, though it had not been foni.ally notified to him ; and he here sacrificed wantonly, without a proper motive, the lives of many brave men on both sides, who fell in this sharp and well-contested action. Hyde was sent over with a view of persuailing the States to disavow Van Beverning ; and the king pro- mised that England, if she might depend on Holland, would immediately declare war, and would pursue it, till France were reduced to reasonable conditions. Charles at present went further than words. He hur- ried on the embarkation of bis army for Flanders : and all his preparations wore a hostile appearance. But the States had been too often deceived to trust him any longer. They ratified the treaty signed at Nime- guen: and all the other powers of Europe were .at last, after much clamour and many disgusts, obliged to ac cept of the terms prescribed to them. PEACE OF NIMEGUEN. Louis had now reached the height of that glory which ambition can aftord. His ministers and negociators ap- peared as much superior to those of all Europe in the cabinet, as his generals and armies h.ad been expe- rienced in the field. A successful war had been carried on against an alliance, composed of the greatest poten- tates in Europe. Considerable conquests had been made, and his territories enlarged on every side. An advantageous peace was at last concluded, where he liad given the law. The allies were so enraged against each other, that they were not likely to cement soon in any new confederacy. And thus he had, during some years, a real prospect of attaining the monarchy of Europe, and of exceeding the empire of Charle- magne, perhaps equalling that of ancient Rome. Had England continued much longer in the same condition, and under the same government, it is not ea.sy to con- ceive that he covild have failed of his purpose. In proportion as these circumst.ances exalted the French, they excited indignation among the English, whose animosity, roused by terror, mounted to a great height against that rival nation. Instead of taking the lead in the affairs of Europe, Charles, they thought, had, contrary to his own honour and interest, acted a part entirely subservient to the common enemy; and in all his nu'.asures had either no project at all. or such as was highly criminal and dangerous. While Spain, Holland, the emperor, the princes of Germany, called aloud on England to lead them to victory and to liberty, and conspired to raise her to .a station more glorious than she had ever before attained; her king, from mean, pecuniary motives, had secretly sold his alliance to Louis, .and was bribed into an interest con- trary to that of his people. His .active schemes, in conjunction with Franco, were highly pernicious ; his neutrahty was equally ignominious; and the jealous, refractory behaviour of the p.arliament, though in it- self dangerous, was the only remedy for so many greater ills, witli which the public, from Ihe misguided coun- sels of the king, was so nearly threatened. Such were the dispositions of men's minds at the conclusion of the peace of Nimegnen : and these dispositions naturally prepared the way for the events which followed. STATE OF AFFAIRS IN SCOTLAND. We must now return to the affairs of Scotland, winch wo left in some disorder, after the suppression ol iho Ch;t. I.XVl J CIIAULES 11. 1GU0--U:s5. S07 irsmiiclion in ICfiG. Tlic king, «lio at that time cii- (i liNoiiicd to rtiidir liinisilf jiei'ular in J'.n^'laiul , adojilod liliu iiuasurfs in I^cotland, and lie intrusted tlie government intotlic hands eiiieHy ofTweddaleand K'r Kobert Murray, men of jjrudence and moderation. These ministers made it their prinei]ial olijeet to com- pose the rehgious dit^erenees, which ran Iiii^li, and for whicli scarcely any modern nation but the Dutch had as yet found the projier remedy. As rigour and re- straint had failed of success in Scotland, a scheme of comprehension was tried; by which it was intended to diminish greatly the authority of bishops, to abolish their negative voice in the ecclesiastical courts, and to leave them little more than the right of precedency ariong the presbyters. But the presbyterian zealots entertained great jealousy against this scheme. They remembered that, by such gradual steps, king James had endeavoured to introduce episcopacy. Should the ears and eyes of men be once reconciled to the name nnd habit of bishops, the whole power of the function they dreaded w ould soon follow : the least communi- caliou with unlawful and antichristian institutions, they esteemed dangerous and criminal : " Touch not, taste not, handle not;" this cry went out amongst them: and the king's ministers at last perceived that they should prostitute the dignity of government, by making advances to which the malcontents were deter- mined not to correspond. The ne.xt project adopted was that of indukience. In prosecution of this scheme, the most popular of theex- pelled preachers, without requiring any terms of sub- mission to the established religion, were settled in vacant churches; and small salaries of abo>it twenty pounds a year were offered to the rest, till they should otherwise be provided for. These last refused tlie king's boimty, which they considered as the wages of a crimi- nal silence. Even the formersoon repented their com- pliance. The people, who had been accustomed to hear them rail against their superiors, and jireaeh to the times, as they termed it, deemed their sermons languid and spiritless, when deprived of these orna- ments. Their usual gifts, they thought, had left them, on account of their submission, which was stigmatised US erastianism. They gave them the appellation, not of ministers of Christ, but of " the king's curates," as the clergy of the established church were commonly denominated " the bishop's curates. " The preachers themselves returned in a little time to their former practices, "by which they hoped to regain their former dominion over the minds of men. The conventicles multiplied daily in the west : the clergy of the estab- lished church were insulted : the laws were neglected: the covenanters even met daily in arms at their places of worship : and though they usually dispersed them- selves after divine service, yet the government took a just alarm at seeing men, who were so entirely go- verned by their seditious teachers, dare to set authority at defiance, and during a time of full peace, to put themselves in a military posture. There was here, it is apparent, in the political body, a disease dangerous and inveterate; and the govern- ment had tried every remedy, but the true one, to allay and concct it. An unlimited toleration, after sects have diffused themselves, and .are strongly rooted, is the only expedient which can allay their fervour, and make the civil union acquire a superiority above reli- pous distinctions. But as the operations of this regi- men are commonly gradual, and at first imperceptible, vulgar politicians are apt, for that re.tson, to have re- etniise to more hasty and more dangerous remedies. It is observable too, that these nonconforini.-ts, in Scotland, neither offered nor demanded toleration ; but L'lld claim to an entire superiority, and to the exercise ot extreme rigour against their advei-saries. The cove- nant, which they idolized, was a pereecuting, as well T;.? a seditious band of confederacy ; and the govern- ineut, instead of treating them like madmen, who should bo soothed, and flattered, and deceived into tranquillil/. thought themselves entitled to a rigid obedicnoa, and Mcie too apt, from a mistaken policy, to letaliato upon the dissenters, who had erred from the spirit of enlhusiiusm. Amidst these disturbances, a new parliament was assembled at Kdinbnrgh ;* and Lauderdale was seat down commissioner. The zealous presbyterians, who were the chief patrons of liberty, were too obnox- ious to resist, with any success, the measures ot government; and in parliament the tide still ran strongly in favour of monarchy. The commissioner hiid such influence as to get two acts passed, wliicl) were of great consequence to the ecclesiastical and civil liberties of the kingdom. Dy the one, it was de- clared, that the settling of all things with regard to tha c.Mernal government of the church was a right of the crown : that whatever related to ecclesiastical meetings, matters, and persons, was to be ordered according to such directions ,ns the king should .send to his lirivy council : and that these, being published by them, should have the force of laws. The other act regarded the militia, which the king, by his own authority, had two years before established, instead of the army which was disbanded. By this act the militia was settled, to the number of 22,000 men, who were to be constantly armed and regularly disciplined. And it was further enacted, that these troops should be held in readiness to n'arcli into England, Ireland, or any part of the king's dominions, for any cause in which his majesty'a authority, power, or greatness, was concerned ; on re- ceiving orders, not fiom the king himself, but from the privy-council of Scothmd. Liuderdale boasted extremely of his services in pro- em ing these two laws. The king by the former was rendered absolute master of the church, and might legally, by his edict, re-establish, if bethought proper, the catholic religion in Scotland. By the latter, he saw a powerful force ri'ady at his call : he had even the ad- vantage of being able to disguise his orders under the name of the privy-council ; and in case of failure in his enterprises, could by sueh a pretence apologise for his coiuluct to the parlianient of England. But in pro- portion as these laws were agreeable to the king, they gave alarm to the English commons, and were the chief cause of the redoubled attacks wliich they niaardon in the naiTative of Mitchel's confession, the whole minute had been signed by the ch.ancellor, and that the proofs of their perjury were by that means committed to record. Though the prisoner was condemned, Lauder- dale w.as still inclined to pardon him ; but the unrelent- ing primate rigorously insisted upon bis execution ; aiul said, that if assassins remained inipunislied, his life must be exposed to perpetual danger. Mitchel was accordingly executed at Kdinburgli in January, Itj^H* Such a complication of cruelty and treachery showB the character of those ministers to whom the king had, at this time, intrusted the government of Scotland. Lauderdale's adailuistration, besides the ini(iuitie9 arising from the violence of his temjicr. and tlie still greater iniquities inseparable from all projects of per- Chap. LXVI] CHARLF.s 11. letjo-ieas. 80<) eoniition, w.is attended with other circumstances, which c» g.iged liim in severe and arbitrary measures. An ab- Bolute government was to be introduced, wliicb on its commencement is often most rigorous ; and tyranny was Bti!! obliged, for want of military power, to cover itself under an appearance of law ; a situation which ren- dered it extremely awkward in its motions, and, by provoking opposition, extended the violence of its ojipressions. The rigours exercised against conventicles, instead of breaking the spirit of tlie fanatics, liad tended only, as is usu.il, to render them more obstinate, to increase the fervour of their zeal; to link them more closely together, and to inflame them against the established hierarchy. The commonalty, almost everywhere in the south, particularly in the western counties, frequented con- venticles without resei-ve; and the gentry, though they themselves commonly abstained from these illegal places of worship, connived at this irregularity in their inferiors. In order to interest the former on the side of the persecutors, a bond or contract was, by order of the privy-council, tendered to the landlords in the west, by which they were to engage for the good behaviour of their tenants; and in case any tenant frequented a conventicle, the landlord was to subject himself to the Bame fine as could by law be exacted from the delin- quent. It was ridiculous to give sanction to laws by voluntary contracts : it was iniquitous to make one man answerable for the conduct of another : it was illegal to impose such hard conditions upon men who had nowise offended. For these reasons, the greater part of the gentry refused to sign these bonds; and Lauder- dale, enraged at this opposition, endeavoured to break their spirit by expedients which were still more unusual and more arbitrary. The law enacted against conventicles, had called them seminaries of rebellion. This expression, which was nothing but a flourish of rhetoric, Lauderdale and the pri\-j--council were willing to understand in a lite- ral sense ; and because the western counties abounded in conventicles, though otherwise in profound peace, they pretended that these counties were in a state of actual war and rebellion. They made therefore an agreement with some highland chieftains to call out their ckins, to the number of 8000 men : to these they joined the guards, and the militia of Angus : and they sent the whole to live at free quarters upon the lands of such as had refused the bonds illegally required of them. The obnoxious counties wore the most populous and most industrious in Scotland. The highlanders wore the people the most disorderly and the least civil- ized. It is easy to imagine the havoc and destruction which ensued. A multitude, not accustomed to disci- pline, averse to the restraint of laws, trained up in rajiiue and violence, were let loose amidst those whom they were taught to regard as enemies to their prince and to their religion. Nothing escajied their ravenous hands : by menaces, by violence, and sometimes by tortures, men were obliged to discover their concealed wealth. Neither age, nor sex, nor innocence, aflbrded protection, and the gentry, finding that even those who had been most compliant, and who had subscribed the bonds, were equally exposed to the rapacity of those barbarians, confirmed themselves still more in the resolution of refusing them. The voice of the nation was raised against this enormous outrage; and after two months' free quarter, the highlanders were sent back to their hills, loaded with the spoils and exe- crations of the west- Those who had been engaged to subscribe the bonds, could find no security but by turning out such tenants as they suspected of an inclination to conventicles, and thereby depopulating their estates. To increase the misery of these unhappy farmers, the council enacted, that none should be received anywhere, or allowed a habitation, who brought not a certificate of his confor- mit v from the parish minister. That the obstinate and Vol. I. refractory might not escape further persecution, a new device was fallen upon. By the law of Scotland, any man, who should go before a magistrate, and swear that he thought himself in danger from another, might obtain a writ of law-tiurroas, as it is called ; by wliicU the latter was bound, under the penalty of imprison- ment and outlawr)-, to find security for his good be- haviour. Lauderdale entertained the absurd notion of making the king sue out writs of law-burrows against his subjects. On this pretence, the refusers of the bonds were summoned to appear before the council, and were required to bind themselves, under the pen- alty of two years' rent, neither to frequent conven- ticles themselves, nor allow their family and tenants to be present at those unlawful assemblies. Thus chi- canery was joined to tyranny ; and the majesty of the king, instead of being exalted, was in reality prosti- tuted; as if he were obliged to seek the same security which one neighbour might require of another. It was an old law, but seldom executed, that a man, who was accused of any crime, and did not appear, in order to stand his trial, might be inlercommuned, that is, he might be pubUcly outlawed ; and whoever after- ^rards, either on accoimt of business, relation, nar, charity, had the least intercoui-se with him, was sub- jected to the same penalties as could by law be in- flicted on the criminal himself. Several writs of inten communing were now issued against the hearers and preachers in conventicles; and by this severe and even absurd law, crimes and guilt went on multiplvinc in a geometrical proportion. Wliere laws themselves are so violent, it is no wonder that an administration should be tyrannical. Lest the cry of an oppressed people should reach the throne, the council forbade, under severe penalties, all noblemen or gentlemen of landed property to leave the kingdom — a severe edict, especially where the sovereign himself resided in a foreign country. Not- withstanding this act of council, Cassils fii-s't, after- wards Hamilton and Tweddale, went to London, and laid their complaints before the king. These violent proceedings of Lauderdale were opposite to the natu- ral temper of Charles ; and he immediately issued orders for discontinuing the bonds and the writs of law-burrows. But as he was commonly Uttle touched with what lay at a distance, he entertained not the proper indignation against those who had abused his authority : even while he retracted these oppressive measures, he was prevailed with to avow and praise them, in a letter which he wrote to the pri>-y -council. Tliis proof of confidence might fortity the hands of the rainistrj- ; but the king ran a manifest risk of losing the affections of his subjects, by not permitting, even those who were desirous of it, to distinguish between him and their oppressors. It is reported, that Charles, after a full hearing of the debates concerning Scottish affairs, said, "I per- ceive, that Lauderdale has been guilty of manv bad things against the people of Scotland; but I cannot find that he has acted anything contrary to my inte- rest" — a sentiment unworthy of a sovereign! During the absence of Hamilton and the other dis- contented lords, the king allowed Lauderdale to sum- mon a convention of estates at Edinburgh, This as- sembly, besides granting some money, bestowed ap- plause on all Lauderd.ale's administration, and in their addresses to the king expressed the highest content- ment and satisfaction. But these instances of complai- sance had the contrary effect in England from wliat was expected by the contrivers of them. All men there concluded, that in Scotland, the very voice of liberty was totally suppressed ; and that, by the pre- valence of tyranny, grie^-anccs were so rivetted, that it was become dangerous even to mention them, or com- plain to the prince, who alone was able to redress them. From the slavery of the neighbouring kingdom, they inferred the arbitrary disposition of the king ; and from the violence with wliich sovereign power was 5 L 810 THE HISTORY OF ENGLAND. [Chap. I.XVII. there excrcisoil, tlioy nppreliended the miseries wliiili miglil ciibiic to themselves upon their loss of liberty. If persecution, it was asked, by a protektant elnirch could be enrricd to siuh extremes, what niiijht be dreaded from the prevalence of popery, vvliieh had ever, in all n^-es, made open profession of exterminat- in" by fire and sword every opposite sect or eomnui- nion ! And if the first approaches towards unlimited authority -were so tyrannical, how dismal its final estiib- lishment; when all dread of opposition should at last be removed by mercenary armies, and all sense of shame by long and inveterate habit » CHAPTER LXVII. The Popish Plot Oales's Namtii-c and Character Coleman's Letters Godfrey's Murder General Consternation The Parliament—— Zeal of the Parliament Uedloe's Narrauve--Aceusation of Danby His Impeachment Dissolution of the Long Parliament-— Its Character Trial of Coleman of Ireland Neiv Elections-— Duke of Monmouth Duke of York retires to Brussels-— ^ e,v Par lament nanby's Impeachment Popish I'lot-— New Council-— Limita- tions on a Popish Successor bill of Exclusion 1 latxai Corpus Bill . Prorocation and Ijissolution of the Parliament 1 rial and LMecu- tionof the five Jesuits and of Langhome Wakeman acquitted stale of Affairs ill Scotland Battle of BothweU Bridge. THE POPISH PLOT. ^''HE English nation, ever since the fatal league with France, had entertained violent jealousies against the court ; and the subsequent measures adopted by the king, had tended more to increase tlian cure the generarprejudices. Some mysterious design was still suspected in every enterprise and profession : arbitrary power and popery were apprehended as the scope of all projects: each breath or rumour made the people Etart with anxiety : their enemies, they thought, were in their very bosom, and had gotten possession of then- sovereign's confidence. While in this timorous, jea- lous disposition, the cry oiaplotM on a sudden struck their ears: they were wakened from their slumber; and like men aff'rightened and in the dark, took eveiy fitnire for a spectre. The terror of each man became the source of terror to another. And an universal panic being diffused, reason and argument, and common sense and common humanity, lost all influence over them. From this disposition of men's minds we are to account for the progress of the Popish Plot, and the credit given to it; an event which would otherwise appear prodigious, and altogether inexplicable. On the I2th of August, one Kirby, a chemist, ac- costed the king, as he was walking in the park : " Sir," said he, "keep within the company : your enemies have a design upon your life; and you may be shot in tliis very walk." lieing asked tlie reason of these strange speeches, he said, that two men, called Grove and Piek- eriun-, had engaged to shoot the king, and sir George Wakeman, the queen's physician, to poison him. This intelligence, he added, bad been communicated to bim by doctor Tongue; whom, if permitted, he would in- troduce to bis majesty. Tongue was a divine of the church of England; a man active, restless, full of pro- jects, void of understanding. He brought papers to the king, which contained information of a jdot, and were digested into forty-three articles. The king, not having leisure to peruse them, sent them to the trea- surer, Danby, and ordered the two informers to l.ay the business before that minister. Tongue confessed to Dauhv, that be himself had not drawn the papers, that they had been secretly thrust under his door, and that, thou'rh be suspected, he did not certainly know, who was The author. After a few days, he returned, and told the treasurer, that bis suspicions, he found, were iust ; and that the author of the intelligence, whom he had met twice or tlirice in the street, had acknow- ledged the whole matter ; and had given him a more particular account of the conspiracy, but desired that his name might be concealed, being apprehensive lest the papists should murder him. Tlie information was renewed with regard to Grove's and Pickering's intentions of sliootlng the king; and Tongue even pretended, that, at a particular time, they were to set out for Windsor with tliat inten- tion. Orders were given for arresting them, as soon .as they should appear in that place ; but tliough this alarm ^vas more than once renewed, some frivolous reasons were still found by Tongue for their having de- layed the journey. And the king concludeil, both from these evasions, and from the mysterious, artificial manner of communicating the intelligence, that the whole was an imposture. Tongue came next to the treasurer, and told him that a packet of letters, written by Jesuits concerned in the plot, was that night to be put into the post-house for Windsor, directed to Bennifield, a Jesuit, confessor to the duke. When this intelligence was conveyed to the king, he replied, that the packet mentioned bad a few hours before been brought to the duke by lienni- field ; who said, that he suspected some bad design upon him, that the letters seemed to contain matters of a dangerous import, and that he knew tbem not to be the handwriting of the persons wliose names were subscribed to them. This incident still further con- firmed the king in his incredulity. The matter had probably slept for ever, had it not been for the anxiety of the duke, who, hearing that priests and Jesuits, and even his own confessor, had been accused, was desirous that a tlioroiigb inquiry should be made by the council into the pretended coii- spiracv. Kirby and Tongue were inquired after, and were now found to be living in close connexion with Titus Oates, the person who was said to have conveycil tlio first intelligence to Tongue. Oates affirmed, that he had fallen under suspicion ivith the Jesuits: that he had received three blows with a stick, and a box on the ear from the provincial of that order, for revealing tlieir conspiracy : and that overhearing them spenk of tlieir intentions to punish him more severely, he had witlidrawn, and concealed liimself. 'this man, in whose breast was lodged a secret, involving tlie fale of kings and kingdoms, was allowed to remain in such necessity, that Kirby was obliged to supply him wiiii daily bread; and it was a joyful surprise to liira, when he heard that the council was at last dispo.sed to take some notice of his intelligence. But as he expected more encouragement from the public than from the king or his ministers, he thought pn per, before he was pre- sented to the council, to go with his two companions to sir Edmondsbury Godfrey, a noted and active justice of pe.ace. .and to give evidence before him of all the articles of the conspiracy. OATES'S NARRATIVE . The wonderful intelligence, which Oates conveyed both to Godfrey and the council, and afterwards to the parliament, was to this purpose. The pope, he said, on examining the matter in the congregation de prnpa- f/anda, had found himself entitled to the possession of England and Ireland on account of the heresy of prince and people, and had accordingly assumed the sove- reignty of these kingdoms. The supreme power he had thought proper to delegate to the society of Jesuits; and de Oiiva, general of that order, in consequence of the papal grant, had exerted eveiy act of regal autho- rity, and particularly b.ad sup;)lied, by commissions under the seal of the society, all the chief offices, both civil and military. Lord Arundel was created chancellor, lord Powis treasurer, sir William Godol- phin privy-seal, Coleman secretary of state, Langhorna attorney-general, lord Belhisis general of tbe papal army, lord Peters lieutenant-general, lord Staflbrd pay- m.asler ; and inferior commissions, signed by the jiro- vincial of the Jesuits, were distributed all over Eng- land. All the dignities too of tbe church were filled. Chap. LXVIT.] CHARLES 11. 1660—1685 811 and many of tlipm with Spaniards and other foreigners. Tho provincial liad held a consult of the Jesuits under his authority ; where tho king, whom they opproliri- onsly called tho Black Bastard, was solemnly tried and condemned as a heretic; and a resolution taken to put him to death. Father le Shee(for so this great plotter and informer called father la Chaise, the noted ron- fessor of the French kini;) had consigned in London ton tliousand pounds to he paid to any man who sliould niciit it hy this assassination. A Sp.anish provincial liad expressed like liberality : the prior of the Benedic- tines was willing to go the length of si.\ thousand ; the Dominicans approved of the action; hut ple.aded poverty. Ten thousand pounds had been offered to sir George Wakeman, the queen's pliysician, who de- manded fifteen thousand, as a reward for so great a service; his demand was complied witli ; .and five thousand had been paid liim hy advance. Lest tliis means siiould fiil, four Lish ruffiaus liad been hired by tlio Jesuits, at the r.ite of twenty guineas a-piece, to stab the king at Windsor; and Coleman, secretary to the late duchess of York, had given the messenger, who carried them orders, a guinea to qui(;keu his dili- gence. Grove and Pickering were also employed to shoot the king with silver bullets : the former was to receive tho sum of fifteen hundred pounds ; tho latter, being a pious man, was to be rewarded with thirty thous.ind masses, which, estimating masses at a shilling a-piecc, amounted to a like value. Pickering would Iiave executed his purpose, had not the flint atone time dropped out of his pistol, at another time the priming. Coniers, the Jesuit, had bought a knife at tho price of ten shillings, which he thought was not dear, consider- ing the purpose for wliich lie intended it, to wit, stab- bing the king. Letters of subscription were circulated among the catholics all over England to raise a sum for the same purpose. No less than fifty Jesuits had met in May last, at the White-horse tavern, where it was unanimously agreed to put tlieking to deatli. This synod did afterwards, for more convenience, divide themselves into many lesser cabals or companies; and Oates was employed to carry notes and letters fi'om one to iinother, all tending to the same end, of murdering the king. lie even carried from one company to another, a paper, in which they formally expressed their resolution of executing that deed; and it was regularly subscribed by all of them. A wager of a hundred pounds was laid, and stakes made, that tire king should eat no more Christmas pies. It short, it was determined, to use the expression of a Jesuit, that if he would not become U. C. (Roman Catholic) he should no longer be C. R. (Cliarles Rex.) The great fire of London had been the work of the Jesuits, who h.ad employed eighty or eighty-six persons for that purpose, and had expended seven hundred fireballs; but they had a good return for their money : for they had been able to pilfer goods from the fire to tho amount of t'cuirteen thousand pounds : the Jesuits had also r.aised another fire on St. Margaret's -Hill, whence they had stolen goods to the value of two thousand pounds : another at Southw.ark : .and it was determined u\ like manner to burn all the cliief cities in England. A paper model was already framed for the firing of London; the stations were regularly marked out, where the several fires were to commence; and the whole plan of operations was so concerted, that pre- cautions were taken by the Jesuits to vary their mea- sures, according to the variation of the wind. Fire- Kails were fimiliarly called among them Teuxbury nmstard-pills ; and were said to contain a notable biting s.auce. In the great fire, it had been determined to murder the king; but he h.ad disphiyed such dili- gence and iiumanity in extinguishing the flames, th.at even the Jesuits relented, and spared his life. Besides these assassinations and fires ; insurrections, rebel- lions, and mass.acres, were projected by that religious order in all the three kingdoms. There were twenty thous.and catholics in London, who wo'.dd rise in four and twenty hours, or less; and Jennison, a Jesuit, said that they might easily cut the throats of a hundred thousand protcstant.s. Eight thousand catholics had agreed to take arms in Scotland. Orniond w.as to he murdered by four Jesuits; a general massacre of the Irish protestants was concerted ; and forty thousand black bills were already provided for that purpose. Coleman had remitted two hundred thousand pounds to promote the rebellion in Ireland ; and the French king w.is to land a great army in that island. Poole, who wrote the Synopsis, was particularly marked out for a.s.sas^ination ; as was also Dr. StiUingflect, a con- trovei-sional writer .against the papists. Burnet tells us, that Oates paid him tho same compliment. After all this havock, the crown was to be ofl'ered to the duke, but on the following conditions : that ho received it as a gift from the pope ; that he confirm all the papal commissions for offices and employments; that he ratify all past transactions, by pardoning the incendi- aries, and the murderers of his brother and of tho people ; and that he consent to the utter extirpation of the protcstant religiou. If he refuse these condi- tions, he himself was immediately to be poisoned or assassinated. To pot Jawes umst go; according to the expression ascribed by Oates to the Jesuits. Oates, tho informer of this dreadful plot, was him- self the most infamous of mankind. lie was the son of an an.abaptist preacher, chaplain to colonel Pride ; but h.aving taken orders in the church, he h.ad been settled in a small living by the duke of Norfolk. He had been indicted for perjury ; and by some means had escaped. He was afterwards a chaplain on board the fleet ; whence he had been dismissed on complaint of some unnatural practices, not fit to be named. Ho then became a convert to the catholics; but he after- wards boasted, that his conversion was a mere pretence, in order to get into their secrets, and to betray them. He was sent over to the Jesuits' college at St. Omers, and though above thirty years of age, he there lived some time among the students, lie was dispatched on an errand to Spain ; and thence returned to St. Omers; where the Jesuits, heartily tired of their con- vert, at last dismissed him from their seminary. It is likely, that, from resentment of this usage, as well as from want and indigence, he was induced, in combi- nation with Tongue, to contrive that plot of which he accused the ca'tholics. This abandoned m.an, when examined before the council, betrayed his impostures in such a manner, as would have ntterly discredited the most consistent story, and the most reputable evidence. While in Spain, ho had been carried, he said, to don John, wh.i promised great assist.ance to the execution of the catholic de- signs. The king asked him, what sort of a man don John w.as ? he answered, a tall lean man ; directly contrary to truth, as the king well knew. He totally mistook the situation of the Jesuits' college at Paris. Tliough he pretended great intimacies with Coleman, he knew him not, wbcn placed very near him; and had no other excuse than that his sight was bad in can- dle-light. He fell into like mistakes with regard to Wakeman. Notwithstanding these objections, gre.at attention was paiil to Oates's evidence; and the plot became very soon the subject of conversation, and even the object of terror to the peoiile. The violent .animosity, which had been excited against the catholics in general, made the ]uiblic swallow the grossest absurdities when they accompanied an accusation of those religionists : and the more di.abolical any contrivance appeared, the bet- ter it suited the tremendous idea entertained of a Jesuit. Uanby likewise, who stood in opposition to the French and catholic interest at court, %vas willing to encou- rage every story which might serve to discredit that p.arty. By his suggestion, wiien a warrant was signed for arresting Coleman, there was inserted a clause for seizing his papers ; a circmnstanco attended with (hn most important consequences. til'; THE HISTORY OF ENGLAND. [Chap, l.XVJT. COLEMAN'S LETTERS. Ookman, partly on his own account, partly by orders from tlic (liilcp, liiid liocn engaged in a correspondence witli father la Cliaise, witli the pope's nnneio at Brus- sels, and with other catholics abroad ; and being him- self a fiery zealot, busy and sanguine, the expressions in his letters often betrayed great violence and indis- cretion. Ilis correspondence, during the years 107^, Ifi/rt, and part of 1G76, -n-as seized, and contained many extraordinary passages. In p.articular, he said to la Chaise, "We liave here a mighty work upon ourliands, no less than the conversion of three Icingdoms, and by that perhaps the utter subduing of a pestilent heresy, wliicli has a long time domineered over a great part of this nortliern world. Tliere were never sncli hopes of success, since the days of queen Mary, asnow in ourdays. God has given ns a prince," meaning the duke, " who is become (may I say, a miracle) zealous of being tlie autlior and instrument of so glorious a work; but tlie opposition wo are sure to meet with is also like to be groat : so that it imports us to get all the aid and assist- ance we can." In another letter, he said, " I can scarce believe myself awake, or the thing real, when I tliink of a prince in such an age as we live in, converted to such a degree of zeal and piety, as not to regard any- thing in the world in comparison of God Almighty's glory, the salvation of his own soul, and the conversion of our poor kingdom." In other passages the interests of the crown of England, those of the French king, and those of the cathoUc religion, are spoken of as in- separable. The duke is also said to have connected h'S interests unalterably with those of Louis. The king himself, he affirms, is always inclined to favour the catholics, when he may do it without hazard. ' Money," Coleman adds, " cannot fail of persuading the king to anything. There is nothing it cannot make him do, were it ever so much to his prejudice. It has such an absolute power over him, that he cannot resist it. Logic, built upon money, has in our court more powerful charms than any other sort of argu- ment." For these reasons, he proposed to father la Chaise, that the French king should remit the sum of 300,000 pounds, on condition that the parliament be dissolved; a measure to which, he affirmed, the king was of himself sufficiently inclined, were it not for his hopes of obtaining money from that assembly. The parliament, he said, had already constrained tlie king to make peace witli Holland, contrary to the interests . of tlie catliolic religion, and of his most Christian ma- jesty: and if they should meet again, tliey would surely engage him further, even to tlie making of war against France. It ajipears also from the same letters, that the assembling of the p.arliament so late as April in tlie year 1075, had been procured by the intrigues of the catholic and French party, who thereby intended to show the Dutch and their confederates, that they could expect no assistance from England. When the contents of those letters were publicly known, they diffused the p.anic, with which the nation beg.an already to be seized on account of the popish plot. Men reasoned more from their fears and their jiassions tli.an from the evidence before them. It is certain, that the restless and enterprising spirit of the catholic church, particularly of the Jesuits, merits attention, and is, in some degree, dangerous to every other comnuniion. Such zeal of proselytism actuates tliat .sect, that its mission.aries have penetrated into every natiou of the globe; and, in one sense, there is a popish plot perpetually carrying on against all slates, jirotostant, pagan, and luahometan. It is likewise very probable, that the conversion of the duk , nnd the favour of the king, had inspired the catholic priests with now hopes of recovering in these islands their lost dominion, and gave fresh vigour to that intempe- rate zeal by which they are commonly actuated. Their (irl'ray the expenses of all these armaments: that he himself was to receive four tliou- sr.nd pounds, as one that could murder a man ; as also a commission from lord Bellasis, and a benediction from the pupe : that the king was to be .assassinated j all the protestants massacred, who would not seriouslv be converted; the government offered to one, if he would consent to hold it of the churcli, but if he should lefuse that condition, as was suspected, the supremo authority would be given to certain lords, under th'« nomination of tiie pope. In a subsequent examinatiou before the commons, Bedloe added (for these men al- w.'iys brought out their intelligence successively and by piecemeal) that lord Cariington was also in the conspiracy for raising men and money ag.ainst the go- vernment ; as was likewise Lord Brudencl. These noblemen, with all the other persons mentioned by Bedloe, were immediately committed to custody by tlio [larliament. It is remarkable that the only resource of Spain, in her ]n-esent decayed condition, lay in the assistance of England, and so far from being in a situation to trans- port ten thousand men for the invasion of that king- dom, .she had solicited .and obtained English forces to be sent into tlie garrisons of Flanders, which were not otherwise able to defend themselves against the French. The Fi ench too, we may observe, were at that very time in open war with Spain, and yet are sup- posed to be engaged in the same design against Eng- land ; as if religious motives were become the sole .actuating principle among sovereigns. But none of these circumstances, however obvious, weie able, when set in opposition to multiplied horrors, antijiathies, and prejudices, to engage the least attention of the popu- lace : for such the whole nation were at this time be- come. The popish plot passed for incontestable : and had not men soon expected with certainty the legal punishment of these criminals, the catholics liad been exposed to the hazard of an universal massacre. The torrent indeed of national prejudices ran so high, that no one, without the most imminent danger, durst ven- ture openly to oppose it ; nay, scarcely any one, with- out great force of j\ulgment, could even secretly enter- tain an opinion contrary to the prevailing sentiments. The loud and unanimous voice of a great nation luis mighty authority over weak minds; and even later historians are so swayed by the concurring judgment of such multitiides, that some of them have esteemed themselves snihciently moderate, when they affirmed that many circumstances of the plot were tiaie, though some were added, and others much magnified. But it is an obvious principle, tliat a witness, who perjures himself in one circumstance, is credible in n;).ie ; and tim authority of the plot, even to the end of the pro- secutions, stood entirely upon witnesses. Though tho catholics had been suddenly and imexpcctedly de- tected, at the very moment when their conspiracy, it is said, w.as ripe for execution, no arms, no ammuni- tion, no money, no commissions, no papers, no letters, after the most rigorous search, ever were discovered, to confirm the evidence of Oates and Bedloe. Yet still the nation, though often frustrated, went on in the eager pursuit and confident belief of the conspi- racy: and even the manifold inconsistencies and ab- surdities contained in the narratives, instead of dis- couraging them, served only as further incentives to discover tlie bottom of the plot, and wei'e considered as slight objections, which a more complete informa- tion would fully remove. In all history it will bo difticult to find such another instance of popular frenzy and bigoted delusion. In order to support the panic among the people, es- pecially among the citizens of London, ii pauiphlet wag published with this title, " A narrative and impartial discovery of the horrid popish plot, carried on for burning and destroying th- cities of London and Westminster with their suburbs; netting fortli the several consults, orders, .and resolutions of the Jesuits, concerning the s.ame : by captain William Bedloe, Lately engaged iu that horrid design, and one of tlii^ popish committee for- carrying on such fircB." Every Chap, LXVII] CHARLES II 1660—1686 815 f.ro whicli li;id liappened foi several yeai-s past, is tlicic ascribed to the machinations of the Jesuits, who purposed, as IJedloe said, by such attempts, to find an oppoituuity for the general massacre of the protest- auts ; and in the meantime, were well pleased to enricli themselves, by pilfering goods from the fire. The king, though he scrupled not, wherever he could speak freely, to throw the highest ridicule on the plot, and on all who believed it ; yet found it necessary to adopt the popular opinion before the parliament. The torrent, he saw, ran too strong to be controlled ; and he could only hope, by a seeming compliance, to be able, after some time, to guide and direct and elude its fury. He made tlxTefore a speech to both houses ; in which he told them, (hat he would take the utmost care of his person during these times of danger ; that lio was as ready as their hearts could wish, to join with them in all means fur establishing the prolestant re- ligion, not only during his o\\'n time, but tor all future ages J and that, provided the right of succession iiere preserved, he would eunsent to any laws for restrain- ing a popish successor: and, in conclusion, lie exhorted them to think of effectual means for the conviction of popish recusants; and he highly praised the duty and loyalty of all his sulijects, who had discovered such anxious concern for his safety. These gracious expressions abated nothing of the vehemence of parliamentary proceedings. A bill was introduced for a new test, in which popery was deno- minated idolatry; and all members who refused this test were excluded from both houses. The bill passed the commons without much opposition ; but in the upper house the duke moved that au exception might be ad- mitted in his favour. With great earnestness,, and even with tears in his eyes, he told them, that he was now to cast himself on their kindness, in the greatest concern which he could have in the world; and he protested, that whatever his religion might be, it sliuuld only bo a private thing between God and his own soul, and never should appear in his public con- duct. Notwithstanding this strong effort, in so im- portant a point, he prevailed only by two voices; a sufficient indication of the general disposition of the people. " I would not have," said a noble peer, in tlie debate on this bill, " so much as a popish man or a popish woman to remain here; not so much as a popish dog or a popish bitch : not so much as a popish cat to pur or mew about the king." What is more extraordinary, tliis speech met with praise and appro- bation. Enconraged by this general fury, the witnesses went still a step further in their accusations ; and though both Gates and Bedloe bad often declared, thai there was no other person of distinction, whom they knew fo be concerned in the plot, they were now so auda- cious as to accuse the queen herself of entering into the design against the life of her husband. The com- mons, in an address to the king, gave countenance to this scandalous accusation ; but tlie lords would not be prevailed with to join in the address. It is here, if any where, that we may suspect the suggestions of the popular leaders to have had place. The king, it w,as well known, bore no great aflfection to his consort ; and now, more than ever, when his brother and heir was so much hated, had reason to be desirous of issue, which might (jiiiet the jealous fears of his people. Tliis very hatred, which prevailed against the duke, would much facilitate, ho knew, any expedient that could be devised for the exclusion of that prince; and nothing further seemed requisite for the king, than to give way in this particular to the rage and fury of the nation. But Charles, notwithstanding all allurements of pleasure, or interest, or safety, had the generosity to protect his injured consort. "They think," said he, " I have a mind to a new wife ; but for all that, I will not see an innocent woman abused." lie inimediatrly ordered Gates to be strictly confined, seized his papers, and dismiused his servants and this daring informer W.1S obliged to make applications to parliament, in order to recover his liberty. During this agitation of men's minds, the parlia- ment gave new attention to the militia ; a circuni- stance which, even during times of greatest tranquii- lity, can never prudently be neglected. They passed a bill, by which it was enacted, that a regular militia should be kept in arms, during six weeks of the year, and a third part of them do duty every fortnight of that time. The popular leaders, probably intended to make use of the general prejudices, and even to turn the arms of the people against the prince. But Charles refused his assent to the bill, and told the parliament that he would not, were it for half an hour, part so far with the power of the sword : but if they would contrive any other bill for ordering the militia, and still leave it in his power to assemble or dismiss them as he thought proper, he would willingly give it the royal assent. The commons, dissatisfied with this negative, Ihoigh the king had never before employed that prerogative, immediately voted that all the new-levied forces should be disbanded. They passed a bill, granting money for that purpose ; but to show their extreme jealousy of the crown, besides a]ipropriating the money by the strictest clauses, thev ordered it to be paid, not into the exchequer, but into the chamber of Londun. The lords demurred with regard to so extraordinary a clause, which threw a violent reflection on the king's ministers, and even on himself, and by that means the act remained in sus- pense. ACCUSATION OF DANBY. It was no wonder, that the present ferment and credulity of the nation engaged men of infamous cha- racter and indigent circumstances to become inform- ers, when persons of I'ank and condition could be tempted to give into that scandalous practice. Mon- tague, the king's ambassador at Paris, had procured a seat in thelower house ; and, without obtaining or ask- ing the king's leave, he suddenly came over to Eng- land. Charles suspected his intention, ordered his papers to be seized ; but Montague, who foresaw this measure, had taken care to secrete one paper, whicli he immediately laid before the house of commons. It was a letter from the treasurer Danby, written in the beginning of the year, during the negociations at Ni- nieguen for the general peace. Montague was there directed to make a demand of money from France ; or, in other words, the king was willing secretly to sell his good offices to Louis, contrary to the general interests of the confederates, and even to those of his own kingdoms. The letter, among other particulars, contains these words : " In case the conditions of peace shall be accepted, the king expects to have six millious of livres a year for three years, from the time that this agreement shall be signed between his ma- jesty and the king of France; because it will probably be two or three years before the parliament will be in humour to give him any supplies after the m.aking of any peace with Fr.ance ; and the ambassador here has alw.iys agreed to that sum ; but not for so long a time." Danby was so unwilling to engage in this ne- gociation, that the king, to sati-fy him, subjoined with his own hand these words: "This letter is writ by my order, C. R." Montague, who revealed this secret correspondence, h.ad even the baseness to sell his base treachery at a high price to the French monarch. niS IMPEACHMENT. The commons were inflamed with this intelligence against Danby; and carrying their suspicions further than the truth, they concluded, that the king had all along acted in concert with the French court ; and that every step, which he had taken, in conjunction with the allies, had been illusory and deceitful. I>o- 816 THE HISTORY OF ENGLAND. [Chap. LXVll. sirons of getting to the bottom of so important a secret, and being pushed by Danby's numerous ene- mies, they imniodiately voted an impeachment of high- treason against that minister, and sent up six articles to tlie house of peers. These articles were, that he liad traitorously engrossed to himself regal power, by giving instructions to his majesty's ambassadors, with- out the participation of the secretaries of state, or the pri\-j'-council : that he had traitorously endeavoured to subvert the government, and introduce arbitrary power ; and to that end had levied and continued an army, contrary to act of parliament : that he had traitorously endeavoured to alienate the affections of his majesty's subjects, by negociating a disadvantage- ous peace with France, and procuring money for that purpose : that he was jjopishly aflected, and had traitorously concealed, after he had notice, the late horrid and bloody plot, contrived by the papists against his majesty's person and government : that he had wasted the king's treasm-e ; and that he had, by indii'ect means, obtained several exorbitant grants from the crown. It is certain that the treasurer, in giving instruc- tions to an ambassador, had exceeded the bounds of his ofEce ; and as the genius of a monarchy, strictly limited, requires that the proper minister should be answerable for every abuse of power, the commons, though they here advanced a new pretension, might justify themselves by the utility, and even necessity of it. But in other respects their charge against Danby was very ill grounded. That minister made it appear to the house of loi-ds, not only that Slontague, the in- former against him, had all along promoted the mo- ney-negociations with France, but tliat he himself was ever extremely averse to the interests of that crown ; which he esteemed pernicious to his master and to his country. The French nation, he said, had always entertained, as he was certainly informed, the highest contempt, both of the king's person and government. His diligence, he added, in tracing and discovering the popish plot, was generally known ; and if he had common sense, not to say common lionesty, he would surely be anxious to preserve the Ufe of a master, by whom he was so much favoured. lie had wasted no treasure, because there was no treasure to waste. And though he had reason to be grateful for the king's bounty, he had made more moderate acquisitions tlian were generally imagined, and than others in his office had often done, oven during a shorter administration. DISSOLUTION OF THE LONG PARLIAMENT. The house of peers plainly saw, that allowing all the charge of the commons to be true, Danby's crime fell not under the statute of Edward III. ; and though the words, treason and Imilorously, had been care- fully inserted in several articles, this appellation could not change the nature of things, or subject him to the penalties annexed to that crime. 'I'hey re- fused, therefore, to commit Danby upon this irregular charge ; the commons insisted on their demand ; and a great contest was likely to arise, when the king, who had already seen sufficient instances of the ill-humour of the parliament, thought proper to prorogue them. This prorogation was soon after followed by a dissolu- tion (30tli December) — a desperate remedy in the present disposition of the nation. But the disease, it must bo owned, the king had reason to esteem despe- rate. Tlie utmost rage had been discovered by the commons, on account of the ijopish plot ; and their fury began already to point against the royal family, if not against the throne itself. The duke had been struck at in several motions : the treasurer had been impeached ; all supply had been refused, except on the most disagreeable conditions : fears, jealousies, and antipathies, were every day nudtiplying in parlia- ment ; and though the people were strongly infected with the same prejudices, the king hoped, that, by dis- solving the present cabals, a set of men might be chosen more moderate in their pursuits, and less tainted with the virulence of faction. ITS CHARACTER. Thus came to a period a parliament, which had sitten during the whole course of this reign, one year e.xcepted. Its conclusion was very different from its commencement. Being elected during the joy and festivity of the Restoration, it consisted almost en- tirely of royalists ; who were disposed to support the crown by all the libei'ality wliich the habits of that age would permit. Alarmed by the alliance with France, they gradually withdrew their confidence from the king; and iinding him still to persevere in a foreign interest, they proceeded to discover symptoms of the most refractory and most jealous disposition. The popish plot pushed them beyond all bounds of moderation ; and before their dissolution, they seemed to bo treading fast in the footsteps of the last long parliament, on whose conduct they threw at first such violent blame. In all their variations they had still followed the opinions and prejudices of the nation ; and ever seemed to be more governed by humour and party views than by public interest, and more by public interest than by any corrupt or private in- iiuence. During the sitting of the parliament, and after its prorogation and dissolution, the trials of the pretended criminals were carried on, and the courts of judica- ture, places which, if possible, ought to be kept mora pure from injustice than even national assembliea themselves, were strongly infected with the sama party rage and bigoted prejudices. Coleman, the most obno.xious of the conspirators, was first brought to his trial. His letters were produced against him. They contained, as he himself confessed, much indis- cretion : but unless so far as it is illegal to be a zealous catholic, they seemed to prove nothing criminal, much less treasonable, against him. Gates and Bedloe de- posed, that he had received a commission, signed by tlie superior of the Jesuits, to be papal secretary of state, and had consented to the poisoning, shooting, and stabbing of the king : he had even, according to Gates's deposition, advanced a guinea to promote those bloody purposes. These wild stories were con- founded with the projects contained in his letters ; and Coleman received sentence of death. The sentence was soon after executed upon him.* He suffered with calmness and constancy, and to the last persisted in the strongest protestations of his innocence. TRIAL OF IRELAND, Coleman's execution was succeeded by the trial of father Ireland, who, it is pretended, had signed, together with fifty Jesuits, the great resolution of murdering the king. Grove and Pickering, wlio had undertaken to shoot him, were tried at the same time. The only witnesses against the prisoners were still Gates and Bedloe. Ireland affirmed, tliat he was in Staffordshire all the month of August last, a time when Gates's evidence made him in London. He proved his assertion by good evidence, and would havo proved it by undoubted, had he not, most iniquitously, been debarred, while in prison, from all use of pen, ink, and paper, and denied the liberty of sending for witnesses. All these men, before their arraignment, were condemned in the opinion of the judges, jury, and spectators ; and to be a Jesuit, or even a catholic, was of itself a sufficient proof of guilt. The chief justice,^ in particular, gave sanction to all the narrow prejudices and bigoted fury of the populace. Instead of being counsel for the prisoners, as his oflSce rc- UcTPiirncr 3r(1. 1 Sir WilllTn S^n^K^. C^iP. LXVII.] CHARLES II 1660 108-3 817 rolit and honour had not hitherto tempted anyone to confirm the testimony of that informer. At last means were found to complete the legal evidence. One Prance, a silversmith, and a catholic, had been accused by Cedloe of being an accomiilice in the murder ; and upon liis denial had been thrown into prison, loaded with heavy iious, and confined to the condemned hole, a place cold, dark, and full of nasti- liess. Such rifjours were supjiosed to be exeicised by ord<.'rs from tlie secret committee of lords, particularly Shaftesburj- and liuckingham ; who, in examining tlic prisoners, usually employed (;ls it is said, and indeed sufficiently proved) tlucateniugs and promises, rigour and indulgence, and every art, under pretence of extorting the truth frcni them. Trance had not courage lo resist, but confessed himself an accomphee in Godfrey's murder, licing askid concerning the plot, he also thought proper to bo aeipiainted with it, and conveyed some intelligence to the council. Among other absurt. circumstances, he said, that one Le I'evre bought a second-hand sw'ord of him ; because he knew not, as he said, what times were at hand : and Prance expressing some concern for ])oor tradesmen, if such times came ; Le Fevre replied, that it would be better for tradesmen, if the catholic religion were restored : and parlieuhirly. that iliere would be more church work for silversmiths. All this information,' with regard to the plot, as well as the nuuder of God- frey, Prance solemnly reti'acted, both before the king and the secret committee; but being again thrown into piison, lie was induced, by new terrors and new sufferings, to confirm his first information, and was uow produced as a suiricient evidence. Hill, Green, and lierry were tried for Godfrey's murder ; all of them men of low stations. IIIll was sor\ant to a physician : the other two belonged to the popish chapel at Somerset-house. It is needless to run overall the particulars of a long trial : it will be sufficient to say, that Ikdioe's evidence and Prance's were, in many circumstances, totally irreconcilable ; that both cf them labouied under unsnrmountable difficulties, not to Siiy gross absurdities ; and that they were invalidated by contrary evidence, which is altogether convincing. But all was in vain : tlie prisoners were condennied and executed. (Februaiy 21 and 28.) They all denied their guilt at their exe- cution ; and as lierry died a protestant, this circum- stance was regarded as very considerable : but, in- stead of its giving some check to the general credulity of the people, men were only surprised, that a pro- VoL L testant could be induced at liis death, to persist in so manifest a falsehood. NEW FXECTIONS. As the army could neither be kept up, nor disbanded, without money, the king, how little hopes soever lie could entertain of more compliance, found himself obliged to summon a new parliament. The blood, already shed on account of the ])Oiiish plot, instead of satiating the people, served only as an incentive to their fury; and each conviction of a criminal was hitherto regarded as a new proof of those horiible de- signs imputed to the papists. This election is periiaps the first in Kngland, which since the commencement of tiie monarchy, had been cairied on by a violent contest between the jiarlies, and where the court interested itself, to a high degree, in the choice of the national representatives. But all its efforts were fruitless, in opposition to the torrent of prejudices which prevailed. Keligion, liberty, property, even the lives of men, were now supposed to be at stake; and no security, it was thought, except in a vigilant parliament, could be found against the impious and bloody conspirators. AVere there any part of the nation to which the ferment, oc- casioned by the iiojiish plot, had not as yet projiagated itself; the new elections, by interesting the whole peo- ple in public concerns, tended to diti'use it info the re- motest corner ; and the consternation universally ex- cited, proved an excellent engine for influencing the electors. All the zealots of the former parliament weie re-chosen : new one's were added; the presby- terians in particular, being transported with the most inveterate antipathy against popery, were very active and very successful in the elections. That party, it is said, fiist began at this time the abuse of splitting their freehulds, in order lo nuiltlply votes and eleetois. J!v accounts wliich caiiic from evvyy part of Kngland, it was ciin<'luded, that the new repiesentalives would, if possible, exceed the old in their refractory op- position to the court, and furious peiseeution of the catholics. The king was alai-mcd, when he saw so dreadful a tempest arise from such snuill and unaccountable be- ginnings. His life, if Gates and Bedloe's information were true, had been aimed at by the catholics : even the duke's was in danger : the higher, therefore, the rage mounted against popeiy, the more should tJie na- tion have been reconciled to these princes, in whom, it appeared, the church of Kome reposed no ronfidencc. But there is a sophistr}', which attends all the passions; especially those into which the populace enter. Men gave credit to the iufonncrs, so for as concerned the guilt of the catholics. But they still letained their old susi)icions, that these I'cligionists weie secretlv favoured by the king, and had obtained the most entire ascend- ant over his brother. Charles had too much j^enetra- tion not to see the danger to which the succession, and even his own crown and dignity, now stood exposed. A numerous party, lie found, was formed against him • on the one hand comjiosed of a populace, so credulous from prejudice, so blinded with religious antipathv, as implicitly to believe the most palpable absurdities ; and conducted, on the other hand, by leaders so little seruiiulous, as to endeavour, by encouraging perjury, subornation, lies, iini)ostnres, and even by shedding innocent blood, to gratify their own furious ambition and subvert all legal authority. Boused from his lethargy by so imminent a peril, he began to exert that vigour of mind, of which, on great occasions, he w.is not destitute; and without quitting in appearance his u^ual facility of temper, he collected an industry, firm- ness, and vigilance, of which he was believed alto- gether inca]iahlc. TIk'Sc qualities, joir.ed to dexterity and prudence, conducted hii;: happily tliroiigh the many shoals which surrounded him; and he was at lust able to make the storm fall on the heads of those who had MuiiUy r.iiscd, or artfiTlU- conducted it. I 61S THE HISTORY OF ENGLAND. [CnAP. LXVII. One chief step, wliicli the king took, towards grati- fyiiig and appoasing liis people and parliament, was desiring the duke to withdraw hevond sea, that no further suspicion might remain of the influence of popish counsels. The duke readily complied ; but first required an order for that purpose, signed by the king, lest his absenting himself should be interpreted as a proof of fear or of guilt. lie also desired that his brother should satisfy him, as well as tlie public, by a declaration of the illegitimacy of the duke of Mon- mouth. DUKE OF MONMOUTH. James, duke of Monmouth, was the king's natural son by Lucy W.ilters, and born about ten years before the Restoration. He possessed all the qualities which could engage the affectious of the populace ; a distin- guished valour, an afKible address, a thoughtless gene- rosity, a gr.iceful person. He rose still higher in the public favour, by reason of the universal hatred to which the duke, on account of his religion, was ex- posed. Monmouth's capacity was mean ; his temper pliant : so that, notwithst.inding his great popularity, lie had never been dangerous, had he not implicitly re- signed himself to the guidance of Shaftesbury, a man of such a restless temper, such subtle wit, and such abandoned principles. That d.-uing politician had flattered Monmouth with the hopes of succeeding to the crown. The story of a contr.ict of marriage, passed lietweeu the king and Monmouth's mother, and se- cretlv kept in a certain black box, had been indus- triously spread abroad, and was greedily received by the multitude. As the horrors of popery still pressed harder on them, they might be induced, either to adopt tliat fiction, as they had already done many others niore incredible, or to commit open violatiuu on the rio-ht of succession. And it would not bediflicult, it was hoped, to persuade the Icing, who was extremely fund of his son, to give him the preference above a brother, ■who, by his imprudent bigotry, had involved him in such inextricable difficulties. But Charles, in order to C— .; off all such expectations, as well as ti> remove the duke's apprehensions, took care, in full council, to make a declaration of Monmouth's illegitim:icy, and to deny all promise of his marriage with his mother. The duke being gratified in so reasonable a request, will- ingly complied with the king's desire, and retired to Brussels. NEW PARLIAMENT. March 6. But the king soon found, that, notwithstanding this precaution, notwithst.anding his concurrence in the prosecution of the popish plot, notwithstanding the zeal which he expressed, and even at this time exor- cised against the catholics, he had nowise obtained the confidence of his parliament. The refractory liumour of the lower house appeared in the first step which they took upon their assembling. It liad ever been usual for the commons, in the election of their speaker, to consult the inclinations of the sovereign, and even the long parliament in 1641 had not thought proper to depart from so established a custom. The king now desired that the choice should fall on sir Thomas Meres : but Seymour, speaker to the last parliament, was instantly called to the chair, by a vote which seemed unanimous. The king, when Seymour was presented to him for his approbation, rejected him, and ordered the commons to ]>roceed to a nevv choice. A great flame was excited. The commons maintained, that the king's approbation was merely a matter of form, and that he could not. witliout giving a reason, reject the speaker chosen : the king, that since he had the power of rejecting, he might, if lie pleased, keep the reason in his own brojist. As the question had Mover before been started, it might seem difficult to find principles, upon which it could be decided.* By way of compromise, it was agreed to set aside both candi- dates. Gregory, a lawyer, was chosen ; and the elec- tion was ratified by the king. It has ever since been understood that the choice of the speaker lies in the house; but that the king retains the power of reject- ing any person disagreeable to him. DANBY'S IMPEACHMENT. Seymour was deemed a great enemy to Danby ; and it was the influence of that nobleman, as commonly supposed, which had engaged the king to enter into this ill-timed controversy with the commons. The im- peachment therefore of Danby was, on that account, the sooner revived; and it was maintained by the com- mons, that notwithstanding the intervening dissolution, every part of that proceeding stood in the same condi- tion in which it had been left by the last parliament — a pretension which, though unusual, seems tacitly to have been yielded them. The king had beforehand had the precaution to grant a pardon to Danby; and in order to screen the chancellor from all attacks by (he commons, he had taken the great seal into his own h.ands, and had himself affixed it to tlie parchment. He told the parliament that, as Danby had acted in everything by his orders, ho was in no respect crimi- nal : that liis pardon, however, he would insist upon; and if it should be found anywise defective in form, he would renew it again and again, till it should he ren- dered entirely complete: but that he was resolved to deprive him of all employments, and to remove him from court. The commons were nowise satisfied with this con- cession. They pretended, tliat no pardon of the crown could be pleaded in bar of an impeachment by the commons. The prerogative of mercy had hitherto been understood to be altogether unlimited in the king; and tills pretension of the commons, it must be con- fessed, was entirely new. It was however, not un- suitable to the genius of a monarchy, strictly limited 5 where the king's ministers are supposed to be for ever accountable to national assemblies, even for such abuses of power as they may commit by orders from their master. The present emergence, while the na- tion was so highly inflamed, was the proper time for pushing such popular claims : and the commons failed not to avail themselves of this advantage. They still insisted on the impeachment of Danby. The peers, in compliance with them, departed from their former scruples, and ordered Danby to be taken into custody. Danby absconded. The commons passed a bill, ap- pointing him to surrender himself before a certain day, or in default of it, attainting him. A bill had passed the upper house, mitigating the penalty to b.anisliment; but after some conferences, the peers thought proper to yield to the violence of the conuuons, and the bill of attainder was carried. Rather than undergo such severe penalties, Danby appeared, and was immediately committed to the Tower. POPISH PLOT. While a protestant nobleman met with such violent prosecution, it was not likely that the catholics would be overlooked by the zealous commons. The cred t of the popish plot still stood upon the oaths of a few infamous witnesses. Though such immense jirepara- tions were supposed to have been made in the very bowels of the kingdom, no traces of them, .'ifter the most rigorous inquiry, had as yet appeared. Though so many thousands, both abroad and .at home, had been engaged in the dreadful secret, neither hope, nor feai", • In \5(tn, Ihe speaker said to f]i]een Klizahetti. tliat witlioiit her alloM-anc* the election of tile house was of ro significance — D'Kwes's Journal, p. !17. t" the parliament, \o',r2, 15!).'), the speaker, who was Sir Elwartl Coke. ao\"tnci3 a like position. — Ibicl, p. 459. Townshentl, p. .'15. So that this pittens^on of [lie CO nmoiis seems tg have been somewhat new ; like many other poweT and Drivilcg: s. Chap. LXV11.1 CHARLES 11. 1660—1685 819 nci- remorse, nor levity, nor suspicions, nor private re- Bentrient, liad engaged any one to confirm tlio evi- dence. Though the catholics, particularly tlie Jesuits, were represented as euilty of the utmost indiscretion, insomuch tliat t'.iey t.allted of the king's murder as common news, and wrote of it in plain terms by the common post ; yet, among the great number of letters seized, no one contained any part of so complicated a conspiracy. Though the informers pretended that, even after tliey had resolved to betray tlie secret, many treasonable commissions and papers liad j)assed through their hands ; they had not had the precaution to keep any one of them, in oj der to fortify their evidence. Hut all these difficulties, and a thousand more, were not found too bard of digestion by the nation and parlia- ment. The prosecvition and furtlier discovery of the plot were still tlie object of general conceru. The commons voted, that if the king should come to an un- timely end, they would revenge bis death upon the papists ; not reflecting that this sect were not his only enemies. They promised rewards to new discoverers; not considering the danger, which they incurred, of granting bribes to perjury. They made Bcdloe a pre- sent of 500 pounds, and particularly recommended the care of his safety to the duke of jNloumouth. Colonel Sackville, a member, having in a private company, spoken opprobriously of those who affirmed that there was any plot, was expelled the house. The peers gave poAver to their committees to send for and examine such as would maintain the innocence of those who had been condemned for the plot. A pamphlet h.iving been published to discredit the informers, and to vindi- cate the catholic lords in the Ton er, those lords were required to discover the author, .and thereby to expose their own .advocate to ])rosecution. And both houses concurred in renewing the former vote, that the jiajiists had undoubtedly enteied into a horrid and treasonable conspiracy against the king, tiie state, and the protest- ant religion. It must be owned that this extreme violence, in pro- secution of so absurd an imposture, disgraces the noble cau.se of liberty, in which the parliament was engaged. We may even concludo from such impatience of con- tradiction, that the prosecutors themselves retained a secret suspicion that tlie general belief was but ill- grounded. The politicians among them were afraid to let in light, lest it might put an end to so useful a delu- sion: the weaker and Irss dishonest party took c.are, by turning their eyes aside, not to sec a truth so op- posite to those furious passions, by which they were actuated, and in which they were determined obsti- nately to ))ersevore. Sir Willi un Temple b.ad lately been recalled from bis foreign employments; and the king, who, after the { removal of Dauby, had no one with whom lie could so much as discourse with freedom of public affairs, was resolved, upon Coventry's dismission, to make him one of his secretaries of state. But that pbilosopliical ]ia- triot, too little interested for the iutii;;i;es of a court, too full of spleen .and delicacy for the noisy turbulence of popular assemblies, was alarmed at the universal discontents and jealousies which prevailed, and w;is determined to make bis retreat, .as soon as possible, from a scene which threatened such confusion. J[ean- while, he could not refuse the confiUence with which his master honoured him ; and he resolved to emjiloy it to the public service. lie represented to the king, that, as the jealousies of the nation wore extreme, it 'was necessary to cure them by some new remedy, and to restore that mutual confidence, so requisite for the .safety both of king and people: that to refuse every- thing to the iiarlianient in their present disposition, or to yield everything, was equally dangerous to the con- stitution, as well as to public tranquillity : that if the king would introduce into bis councils such men as en- ioyeil the confidence of his people, fewer conce.ssions would probably be required ; or if unreasonable de- mands were nnds (Jie king, under the sanction of such counsellors, might be enabled, with the greater safety, to refuse them : and that the heads of the popular l)arty, being gratified with the king's favour, would i>robably abate of that violeuce by which they endeavoured at present to pay court to the multitude. NEW COUNCIL. The king assented to these reasons; and, in concert with Temple, be laid the plan of a new ]irivy-couneiI, without whoso advice he declared himself determined for the future to take no measure of iinport.ance. This council w.as to consist of thirty persons, and was never to exceed that number. Fifteen of the chief officers of the crown were to be continued, who, it was supposed, would adhere to the king, and, in case of any ex- tremity, oppose the exorbitances of faction. The other half of the council was to bo coniposeil, cither of men of character, detached from the court, or of those who possessed chief credit in both houses. And the kin", in filling up the names of his new council, was well pleased to find that the members, in land and offices, possessed to the amount of 300,000 pounds a year; a sum nearly equal to the whole properly of the house' of commons, against whose violence the new council was intended as a ban-ier to the throne.* This experiment was tried, and seemed at first to give some satisfaction to the public. The earl of Essex, a nobleman of the jjopular party, son of that lord Capil who had been beheaded a little after the late king, was cieated treasurer in the room of Danby: the earl of Sundorlaqd.aman of intrigue and capacity, was made secretary of state : viscount Halifax, a fine genius, possessed of learning, eloquence, industry, but subject to inquietude and fond of refinements, was ad- mitted into the council. These three, together with Temple, who often joined them, though he kept him- self more detached from public business, formed a kind of cabinet-council, from which all affiiirs received their first digestion. Shaftesbury was made president of the council, contrary to the advice of Temple, who foretold the consequence of admitting a man of so dangerous a character into any part of the public administration. As Temple foresaw, it happened. Shaftesbury, finding that he possessed no more than the .appear- ance of court favour, was resolved still to adhere to the popular jiarty, by whose attachment be enjoyed an undisputed superiority in the lower liou.so, and pos- sessed great influence in the other. The very apjjear- ance of court-favour, empty as it was, tended to render him more dangerous. His partisans observing the progress which he had already made, hoped that he would soon acquire the entire ascendant ; and he constantly flattered them, that if they persisted in their purpose, the king, from indolence, and necessity, and fondness for Monmouth, would at last be induced, even at the expense of his brother's right, to make them every concession. Besides, the antipathy to popery, .as well as jea- lousy of the king and duke, had taken too fast posses- sion of men's minds, to bo removed by so feeble a remedy as this new council projected by Temple. The commons, soon after the establishment of that council, proceeded so far as to vote unanimously, "That the duke of York's being a papi.st, and the hopes of bis coming to the crown, li.ad given the high- est countenance to the present coiispiriicies and de- signs of the ])apists ag.aiiist the king and the pro- test.ant religion." It was exjiected that a bill for excluding him the throne would soon be brought in. • Their iiama were; prince Rupert, Ihc archbishop of Onterburv. lord hinch, chiinccllor, curl of SbufKlimy, president, eailol Angl.ica, privvHjeiU. duk<- of All«in«rle. duke of Monmouth, duke of New-«slle. duke of l.«uder- (iHle, duke of Orni.inii. in.lrciuis of Wincliest^r, maj.)uis of \Vorct.stei carl cf .Arliiifc-ton. earl ol Salisburj , ai\ of l)rid«w«icr, earl of Sundciland.'eurl of ^.^«x <»rJo; Ualh, viscount Kauu.nl.trB. viscount Halifax. I.uh.ip , f Loi.. don. lord IIoIktu, lord Hollis, lord Kujsell, lord favcr.d.sli. seer wr» Covoi. UT, Mr Jrancis North, chief-jusiitT, »,r Henry Capel. sir John lilan hy the following gracious ex- press-ions : "And to show you tliat, while you are doing your parts, my thoughts have not been misem- ployed, hut that it is my constant care to do every- thing that may preserve your religion, and secure it fur The future" in all events, I liave commanded my lord-chancellor to mention several particulars, which, I hope, will he an evidence that, in all things which concern the public security, I shall not folbw your zeal, but lead it." LIMITATIONS OF A POPISH SUCCESSOR. Tlie limitations projected were of the utmost im- portance, and deprived the successor of the chief hranclies of royalty. A method was there chalked out, by which the nation, on every new reign, could be ensured of having a parliament, which the king shcnld not, for a certain time, have it in his jiower to dissolve. In case of a pojiish successor, the prince was to f.jrfeit the right of conferring any ecclesiastical pre- ferments : no member of the privy-council, no judge of tlie common law, or in chancery, was to be jint in or displaced but by consent of parliament : and the same precaution was extended to the military ]iart of the government ; to the lord-lieutenants and deputy- lieutenants of the counties, and to all oflicers of the na\7. The chancellor, of himself, added, '• It is hard to invent another restraint ; considering how much the revenue will depend upon the consent of parlia- ment, and how impossible it is to raise money without such consent. But yet, if anytliing else can occur to the wisdom of ]iarliament, which may further secure religion and liberty against a popish successor, without defcr.ting the right of succession itself, his majesty will readily consent to it." It is remarkable that, when these limitations were first laid before the council, Shaftesbury and Temple were the only members who argued against them. The reasons wliicli they employed were diametrically opjKisite. Shaftesbury's opinion was, tluit the re- straints were insufficient; and that nothing but the total exclusion of the duke could give a ]n-opor se- curitv to the kingdom. Temple, on the other hand, thought that the restraints were so rigorous as even to subvert the constitution ; and that sliackles, put upon a popish successor, would not afterwards be easily cast off bv a protestant. It is certain that the duke was extremely alarmed when he heard of this step taken by the king, and that he was better pleased even with the bill of exclusion itself, whicli, he thought, by reason of its violence and injustice, jould never pos- sibly be carried into execution. There is also reason to believe that the king w-ould not have gone so far, had he not expected, fi-om the extreme fury of the commons, that his concessions would he rejected, and that the blame of not forming a reasonable accommo- datiou would by that means he entirely at theii- door. BILL OF EXCLUSION. It soon appeared that Charles had entertained a j'nst opinion of the dispositions of the house. So much ■wcie the commons actuated by the cabals of Shaftes- bury and other malcontents ; such violent antipathy prevailed against popery, that tiie king's concessions, thougli mudi more important than could reasonably have been expected, were not embraced. A bill w;vs brought in for the total exclusion of the duke from the crowns of England and Ireland. It was there de- clared, that tlie sovereignty of these kingdoms, upon the king's death or resignation, should devolve to the person next in succession after the duke ; that all acts of rovalty which that prince shotdd afterwards perform, should not only be void, but be deemed treason ; that •S he so n iich as entered any of these dominions, he should bo deemed guilty of the same offence ; and that all w-ho supported his title should be punished as rebels and traitors. This important bill, which im- plied banishment as well as exclusion, passed the lower house by a majority of seventy- nine. The commons weie not so wholly employed about the exclusion bill as to overlook all other securities to liberty. The country party during all the last parlia- ment, had much exclaimed against tlie bribery and corruption of the members ; and the same reproach had been renewed against the present ])ar!iament. An inquiry was made into a complaint which was so dangerous to the honour of that assembly, but very little foundation was found for it. Sir Stephen Fox, who was the paymaster, confessed to tlie house that nine members received pensions to the amount of three thousand four hundred pounds : and after a rigorous inquiry by a secret committee, eiglit more pensioners were discovered. A sum also, about twelve thousand pounds, had been occasionally given or lent to others. The writers of tliat age pretended that Clifl'ord and Danby had adopted opposite maxims witli regard to pecuniary influence. 'I'lie former oiidea- ^oiired to gain tlie leaders and orators of the house, and deemed tlie otliers of no consequence. Tlie latter tlioiight it sufficient to gain a majority, however com- posed. It is likely that tlie means, rather tlian the intention, were wanting to both these ministers. Pensions and bribes, though it be difficult entirely to exclude them, are dangerous expedients for govern- ment ; and cannot be too carefidly guarded against, nor too vehemently decried, by every one wlio has a regard to the virtue and liberty of a nation. Tlie in- fluence, however, which the crown acquires from the disposal of places, honours, and |ireferinents, is to be esteemed of a different nature. This engine of power may become too forcible, but it cannot altogether be abolished, without the total destruction of monarchy, and even of all regular authority. But the coiiimons at this time were so je.alons of the crown, that they brought in a hill, which was twice read, excluding from the lower house all who possessed any lucrative office. The standing army, and the king's guards, were by the commons voted to be illegal : a new pretension it must be confessed ; but necessary for the full security of liberty and a limited constitution. HABEAS CORPUS BILL. Arbitrary imprisonment is a grievance which, in some degree, has place almost in every government, except in that of Great Britain ; and our absolute se- curity from it we owe chiefly to the pi-esent parlia- ment, a merit which makes some atonement tor the faction and violence into which their prejudices had, in otlier particulars betrayed them. The Great Char- ter had laid the foundation of this valuable part of liherty ; the Petition of Right had renewed and ex- tended it ; but some pi-ovisions were still wanting to lender it complete, and prevent all evasion or delay from ministers and judges. The act of habeas corpus, which passed this session, served these puriioses. By this act it was prohibited to send any one to a prison beyond sea. No judge, under severe penalties, must refuse to any prisoner a writ of habeas corpus, by whicli the gaoler was directed to produce in court the body of the prisoner, (whence the writ has its name,) and to certify the cause of his detainer and imprisonment. If the gaol lie within twenty miles of the judge, the writ must be o'oeyediu three days ; aid so proportion- ably for greater distances : every prisoner must be indicted the first term after his commitment, and brought to trial in the subsequent term. And no man, alter being c-nlarged by order of court, can be recommitted for the same offence. This law seams necessary fur the protection of liherty in a mix -d monarchy ; and ;v3 it has not place in any otlier for.u Chap. LXVII.] CHARLES II 1000—1065. 821 of government, this considciation alone may induce us to jircfiT our present eonstilutiuu to all otliers. it must, however, be eonlesseil, that there is some diffi- culty to reconcile with such extreme liberty the full secuvity and the regular police of a state, especially the police of great citie.i. It may also be doubted wl'.ether the lo'.v state of the i)ublic revenue in this period, and of the military jiouer, did not still render some discretionary authnrity in the crown necessary to the supiiort of {jovernnient. Diirin;; these zealous efl'orts for the protection of liberty, no comi>laisan('e for the crown was discovered by this p:irliainent. The Uing's revenue lay under great debts an;l anticii>ations : tliose branches granted in the year l(J(i9 and 1G70 weie ready to expire : and the fleet was rejiresented by the king as in gieat decay and disorder. IJiit the commons, instead of being aftVcteil by these distresses of the crown, trusted chiefly to them for passing the exclusion bill, and for punishing and displacing all the ministers who were obnoxious to them. They were therefore in no h.isto to relieve the king ; and grew only the more assuming on account of his complaints and uneasiness. Jealous, however, of the army, they granted the same sum of 200,000 |)Ounds, wliicli had been voted for disbanding it by the hist parhament ; tlioiigh the vote, by reason of the subsequent prorogation and dissolution, joined to some scruples of the lords, had not been carried into an act. This money was appropriated by verj' strict clauses ; but the commons insisted not, as formerly, upon its being paid into the chamber of London. The iinpeaclinient of the five popish lords in the Tower, with that of tlie carl of Danby, was carried on with vigour. The power of this minister, and his credit with the king, rendered him extremely obnox- ious to the popular leaders ; and the commons hoped that, if he were pushed to extremity, he would be obliged, in order to justify his own conduct, to lay open the whole intrigue of the French alliance, which they suspected to contain a secret of the most danger- ous nature. The king, on his part, apprehensive of the same consequences, and de.-.irous to protect his niinistei', who was become criminal merely by obeying orders, employed his whole interest to support the validity of that pardon which had been granted him. The lords ajjiiointed a day for the examination of the question, and agreed to hear counsel on both sides : but the commons would not submit their pretensions to the discussion of argument .and inriniry. They voted, that whoever sliould presume, without their leave, to m.aint.ain before the house of peers the validity of D.mby's pardon, should be accounted a be- trayer of the liberties of the English commons. And they made .a dem.and, that the bishops, whom they knew to bo devoted to the court, should be removed, not only when the trial of the earl sliould commence, but also when the validity of his pardon shoidd be discussed. The bishops before the Reformation had always en- joyed a seat in parliament : but so far were they anciently from regarding that dignity .as a privilege, tlnit they affected rather to form a separate order in the state, independent of ttie civil magistrate, and ac- countable only to the pope and to tlieir own order. By the Constitutions, however, of Clarendon, en.aeted during tlie reign of Henry II., they were obliged to give their presence in parliament ; but as the canou law prohibited them from assisting in cajntal trials, thev were allowed in such c;>ses the privilege of ab- senting themselves. A practice, which w.as at first voluntary, became afterwards a rule ; and on the carl of Strafford's trial, the bishops who would gladly have attended, and who were no longer bound by the canon law, were yet obliged to withdraw. It had been usu.al for them to enter a protest, assorting their right to sit ; and this protest, being considered as a mere form, was always admitted and disregarded. But here was st.arled a now question of no .sm.all importance. The commons, who were now enabled, by the violence of the peojjle and the necessities of the crown to make new acquisitions of powers and privileges, insisted that the bishops had no more title to vote in the question of the cai'l's pardon than in the impeachment itself. The bishops asserted that the pardon was merely a preliminary; and that, neither by the canon law nor the practice of parliament, were they ever obliged, in capital c.a.ses, to withdraw till the very commencement of the trial itself. If their absence was considered as a privilege, which was its real origin, it depended on their own choice, how far they would insist upon it. If regarded .as a diminution of their right of peerage, such unfavourable customs ought never to be extended beyond the very circumstance established by them ; and all arguments, from a pretended parity of reason, were in that case of little or no authority. PROROGATION AND DISSOLUTION OF THE PARLIAMENT. J,,/;/ 10. The hoiise of lords was so much influenced by these reasons, that they admitted the bishops' right to vote, when the validity of tiie pardon should be examined. The commons insisted still on their withdrawing ; and thus a quarrel being commenced betwe,-n the two houses, the king, who expected nothing but fresh insf.ances of violence from this parliament, began to entertain thoughts of laving hold of so favourable .a pretence, ami of finishing the session by a prorogation. While in this disposition, he v.-as alarmed with sudy man, on approacli- ing the court, were almost torn in pieces by the rabble: one in particular was bruised to such a degree, as to put his life in danger : and another, a woman, declared that, unless the court could afford her protection, sjie durst not give evidence: but as the judges could go no further than promise to pimish such as sliould do her any injury, tlie prisoner himself had the humanity to wave her testimony. So far the informers had proceeded with success : their accusation was hitlierto equivalent to a sentence of death. The first check which they received was on the trial of sir George Wakenian, tho queen's physi- cian, whom they accused of an intention to poison the king. It was a strong circumstance in favour of Wakeman, that Gates, in his first information before the council, had accused him only upon hearsay : and when asked by the chancellor, whether he had any- thing further to charge him with ? he added, " God forbid I should say anything against sir George : fori know nothing more against him." On the trial lie gave positive evidence of the prisoner's guilt. Thei-e were many other cii'cnmstances which favoured Wake- man : but what chiefly contributed to his acquital, was the connexion of his cause with that of the queen, whom no one, even during the highest prejudices of the times, could sincoiely believe guilty. The great importance of the trial made men recollect themselves, and recall that good sense and humanity which seemed, during some time, to have abandoned the nation. Tlio chief-justice himself, who had hitherto favoured tlie witnesses, exaggerated the plot, and railed agamst the prisoners, was observed to be considerably mollified, and to give a favourable charge to the jury. Gates and Bedloe had the assurance to attack him to his face, and even to accuse him of partiality before the council. The whole party, who had formerly much extolled his conduct, now made him the object of their resentment. Wakeman's acquittal was indeed a sensible mortifica- tion to the furious prosecutors of the plot, and fixed an indelible stain upon the witnesses. But Wakeman, after he recovered his liberty, finding himself exi)0sed to such inveterate enmity, and being threatened with further prosecutions, thought it prudent to retire be- yond sea : and his flight was interpreted as a proof of guilt, by those who were still resolved to persist in the belief of the conspiracy. STATE OF AFFAIRS IN SCOTLAND. Tho great discontents in England, and the refractory disposition of tlie parliament, drew the attention of the Scottish covenantors, and gave them a prospect of some time putting an end to those oppressions, under which they had so long labuuiod. It \i'as su^pcxted to have been the policy of Lauderdale and his associates to push these unhappy men to extremities, and forco them into rebellion, with a view of reaping profit from the forfeitures and attitiuders which would ensue upon it. But the covenanters, awaie of this policy, had hitherto forborne all acts of hostility ; and that tyran- nical minister had failed of his purpose. An incident at List happened, which brought on an insurrection iu that country. The covenanters were much enraged against Sliarpe, the primate, whom they considered as an apostate from their principles, and whom they experienced to be an unrelenting persecutor of all those who dissented from the established worship. He had an officer under him, one Carmichael, no less zealous than himself against conventicles, and who by liis violent prosecutions, had rendered himself extremely obnoxious to the fanatics. A company of these had waylaid him on the road near St. Andrews, (3rd May,) with an intention, if not of killing him, .at least of chastising him so severely ae would afterwards render him more cautious iu perse- cuting the nonconformists. While looking out for their prey, they were surprised at seeing the arch- bishop'scoachpassby ; and they immediately interpreted tills incident as a declaration of the secret purpose of Providence against him. But when they observed that almost all his servants, by some accident, were absent, they no longer doubted, but Heaven had here delivered their capital enemy into the'r hands. With- out further deliberation, they fell upon him ; dragged him from his coach ; tore him from the arms of his daughter, who interposed with cries and tears ; and pierced him with redoubled wounds, left him dead on the spot, and immediately dispersed themselves. This atrocious action served tlic ministry as a pre- tence for a more violent persecution against the fa- natics, on whom, without distinction, they threw the guilt of those furious assassins. It is ir.dccd certain, that the murder of Shaipe had excited an universal joy among the covenanters, and that their blizid zeal had often led them, iu their books and sernion.s, to pr.aise and recommend the assassination of their ene- mies, whom they considered as tlie enemies of all tru"* piety and godliness. The stories of Jael and Sisera, of Ehud and Eglon, resounded from every pulpit. The officers quartered in the west, received more strict orders to find out and disperse all conventicles; and for that reason the covenanters, instead of meeting in small bodies, were obliged to celebrate their worship in numerous assemblies, and to bring arms for their security. At Rutherglen, a small borough near Glas- gow, tliey openly set forth a declaration against pre- lacy ; and in the marliet-place burned several acts of parliament and acts of council, which had established that mode of ecclesiastical government, and had pro- hibited conventicles. For this insult on the supreme authority, they pur]ios'ely chose the 29th of May, the .anniversary of the Eestoration ; and previously extin- guished the bonfires which had been kindled for that solemnity. Captain Graham, afterwards viscount Dundee, an active and enterprising officer, attacked a great con- venticle upon Loudeu-hill, and w.as repulsed with the loss of thirty men. The covenanters, finding that they were uuw.arily involved in such deep guilt, were en- gaged to persevere, and to seek from their valour and fortune alone, for that indemnity, which the severity of the government left them no hopes of ever beir.g able otherwise to obtain. They pushed on to Glasgow; and though at first repulsed, they afterwards made themselves masters of that city ; dispossessed l!ie estab- lished clergy ; and issued proclamations, in w liich tlicy declared that they fought against the icing's supre- macy, against popery and prelacy, and against a popish successor. BATTLE OF BOTUWEL-ISKIUGE. TTo-.v accidentar so 'ver tli's inurroction might Chap. LXMII.] CHARLES 11. 1660—1685. 823 appear, there is reason to suspect lliat some jjrcat men, in combination with the popular leaders in England, had secretly instigated the covenanters to proceed to such extremities, and hoped for the same effcrts that had forty years before ensued from the disorders in Scotland. The liing also, apprehensive of like conse- quences, immediately dispatched thitlier Monmouth with a small body of English cavalry. That nobleman joined to these troops the Scottish guards, and some regiments of militia, levied from tlie well-affected counties ; and with great celerity marched in quest of the rebels. They had taken post near Bothwel-castle, between Hamilton and Glasgow ; where there was no aiCcess to them but over a bridge, which a small body was able to defend against the king's forces. They showed judgment in the choice of their post ; but dis- covered neither judgment nor valour in any other step of their conduct. No nobility and few gentry had joined them : the clergy were in reality the generals; and tte whole army never exceeded 8000 men. Mon- mouth attacked the bridge ; and the body of rebels who defended it, maintained their post as long as their ammunition lasted. ^VTicn they sent for more, they received orders to quit their ground, and to retire backwards. This imprudent measure occasioned an iinmediate defeat of the covenanters. Monmouth passed the bridge without opposition, and drew up his forces opposite to the enemy. His cannon alone put them to rout. About 700 fell in the pursuit ; for pro- perly speaking there was no action. Twelve hundred were taken prisoners ; and were treated by Monmouth with a humanity which they had never experienced in their own countrymen. Such of them as would pro- mise to live peaceably were dismissed. About three hundred, who were so obstinate as to refuse this easy conditiou, were shipped for Barbadoes ; liut unfor- tunately perished in the voy.ige. Two of theii- clergy were hanged. Monmouth was of a generous disposi- tion ; and besides aimed at popularity in Scotland. The king intended to intrust the government of that kingdom in his hands. He had married a Scottish lady, heir of a great family, and allied to all the chief nobility. And Lauderdale, as he was now declining in his parts, and was much decayed in his memory, began to lose with the king that influence which he had maintained during so many years ; notwithstanding the efforts of his numerous enemies both in Scotland and Engl.and, and uotwithstanding the many violent and tyrannical actions of which he had been guilty. Even at present he retained so much influence as to poison all the good intentions which the king, either of himself, or by Monmouth's suggestion, had formed with regard to Scotland. An act of indemnity was grauted ; but Lauderdale took care that it should be so worded as rather to afford protection to himself and his asso- ciates, than to the unhappy covenanters. And though orders were given to connive thenceforwards at all conventicles, he found means, under a variety of pre- tences, to elude the execution of them. It must be owned, however, to his praise, that he was the chief person, who, by his counsel, occasioned the expeditious march of the forces and the promi>t orders given to Alonmouth ; and thereby disappointed all the expecta- tions of the English malcontents, who, reflecting on the disposition of men's minds in both kingdoms, had en- tertained great hopes from the progress of the Scottish insurrection. CHAPTER LXVIIL «late_of Pare« Stats of the Mlnisto- Meal-tub Plot Whi* and Tory A nctt- Farliament Violence of the Commons KxcTusion Hill .Arjnimcnts for and against the Exclusion Exclusion liili rejected Trial tif S!afford His K\ecutioii \'iolcncc of the fom- moiis Diwjlution of the Parlia'rcnt yew Parliament at Ox- ford Htz-harris'* Case Parbamcnt dissolved Victory of tiie Koyalists, STATE OF PAHTIES. '"I ■'HE king, observing that the whole nation con- -t. curred at first in the belief and prosecution of tho popish plot, had found it necessary for his own safety, to pretend, in all public speeches and transactions, an entire belief and acquiescence in that famous ab- surdity, and by this artifice he had eluded the violent and irresistible torrent of the people. AVheu a little time and recollection, as well as the execution of the pretended conspirators, had somewhat moderated the general fury, he was now enabled to form a consi- derable party, devoted to the interests of the crown, and determined to oppose the pretensions of the mal- contents. In every mixed government, such as that of Eng- land, the bulk of the nation will always incline to pre- serve the entire frame of the constitution ; but accord- ing to the various prejudices, interests, and dispo- sitions of men, some will ever attach themselves with more passion to the regal, others to the popular, part of the government. Though the king, after his re- storation, had endeavoured to abolish the distinction of parties, and had chosen his ministers from among all denominations ; no sooner had he lost his popu- larity, and exposed himself to general jealousy, than he found it necessary to court the old cavalier party, and to promise them full compensation for that neg- lect of which they had liitherto complained. The present emergence made it still more necessary for him to apply for their support ; and there were many circumstances which determined them, at this time, to fly to the assistance of the crown, and to the protection of the royal family. A party, strongly attached to monarchy, will natu- rally be jealous of the right of succession, by which alone they believe stability to be preserved in the go- vernment, and a barrier fixed against the encroach- ments of popular assemblies. The project, openly embraced, of excluding the duke, appeared to that party a dangerous innovation : and the design, se- cretly projected, of advancing Monmouth, made them apprehensive lest the inconveniencies of a disputed succession, should be prop.agated to all posterity. While the jealous lovers of liberty maintained, that a king, whose title depended on the parliament, would naturally be more attentive to the interests, at least to the humours, of tli(? people ; the passionate admirers of monarchy considered all dependence as a degrada- tion of kingly government, and a gieat step towards the establishment of a commonwealth of England. But though his union with the political royalists brought great accession of force to the king, he de- rived no less support from the confederacy, which he had, at this time, the address to form with the church of England. He represented to the ecclesiastics the great number of presbyterians and other sectaries, who had entered into the popular party ; th<3 encourage- ment and favour which they met with ; the loudness of their cries with legard to popery and arbitrary power. And he made the established clergy and their adiierents apprehend, that the old scheme for the abo- lition of prelacy as wt 11 as monarchy was revived, and that the same miseries and oppressions awaited them, to which, during the civil wars and usurpations, they had so long been exposed. The memory also of those dismal times united many indift'ercnt and impartial persons to the crown, and begat a dread lest the zeal for liberty should engrsift itself on fanaticism, and should once more kindle a civil war in the kingdom. Had not the king still re» taincd the prerogative of dissolving the parliament, there was indeed re:uson to apprehend the renewal of all the pretensions and violences which had ushered in the last commotions. The one period appeared an exact counterpart to the other: but still discerning judges could perceive, both in the spirit of the parties and in the genius of the prince, a material difference ; 824 THE HISTORY OF ENGLAND. \Cu.sv. LXTIII. by means of -n-hicli Cliarles was enaliUnl at last, tlioiij,'h witli the imminent ijuiil of libeity, to preserve the peace of the nation. The cry against popciy was loutl; but it proceeded less from rehjfious tlian from party zeal, in those wlio propagated, and even in those who adopted it. The spirit of cnthnsiasra had occasioned so much mischief, and had been so succe.'^sfnlly exploded, that it was not possible, by any artitice, again to revive and support it. Cant had been ridiculed, hypociisy detected ; the pretensions to a more thorough reformation, and to greater purity, had become suspicious ; and instead of denominating themselves the god/y party, the appella- tion affected at the beginning of the civil wars, tlie present patriots were content with calling themselves the good and honest parly : a sure proguostic that their measures were not to be so furious, nor their preten- sions so exorbitant. The king too, though not endowed with the inte- grity and strict principles of his fathei-, was happy in a more amiable manner, and more popular address. Far from being distant, stately, or reserved, he had not a grain of pride or vanity in his whole composition ; but ■was the most affable, best bred man alive. lie treated his sulijects like noblemen, like gentlemen, like free- men ; not like vassals or boors. His )u-ofessions were plausible, his whole behaviour engaging; so that he won upon the hearts, even while he lost the good opinion, of his subjects, and often Iialanced their judg- ment of things by their personal incliiuition. In his public conduct likewise, though be had sometimes embraced measures dangerous to the liberty and reli- gion of his people, lie had never been found to per- severe obstinately in them, but had always rctuined into that path, which their nnited opinion seemed to point out to him. And upon the whole, it appeared to many cruel, and even iniquitous, to remark too rigor- ously the failings of a prince, who discovered so much facility in correcting his errors, and so much lenity in pardoning the offences committed against liiniself. STATE OF THE MINISTRY. The general affection borne the king appeared sig- nally about this time. He fell sick at Windsor; and had two or three fits of a fever, so violent as made his life be tliouglit in danger. A general consternation seized all ranks of men, increase^ by the apprehen- sions entertained of his successor. In the present dis- position of men's minds, t!ie king's death, to use an expression of sir William Temple, was regarded as the end of the world. The malcontents, it was feared, would proceed to extremities, and immediately kindle a civil war in the kingdom. Eitiier tlieir entire suc- cess or entire failure, or even the balance and contest of parties, seemed all of them events equally fatal. The king's chief counsellors therefore, Essex, Halifax, and Sunderland, who stood on bad terms with Shaftes- bury and the popular party, advised him to send se- cretly for the duke, that in case of any sinister acci- dent, that prince might be ready to assert his right against the opposition which he was likely to meet with. When the duke arrived (2nd September,) he found his brother out of danger; and it was agreed to conceal the invitation whieb he had received. His journey, however, was attended with important conse- quences. He prevailed on the king to disgrace Jlon- mouth, whose projects were now known and avowed ; to deprive him of his command in the army, and to send him beyond sea. He himself returned to Brussels; but made a short stay in that jilace. He obtained leave to retire to Scotland, under pretence still of quieting the a)'prehensions of the English na- tion; but in reality with a view of securing that king- dom in Ids interest. Though Essex and Halifax had concurred in the re- solution of inviting over the duke, they soon fouiid, tlmt they had not obtained his confidence, and that even the king, while lie made use of their service, had no sincere regard for their persons. ICssex in disgust resigned the treasuiy : Halifax retired to his country- seat: Temple, despairing of any accommodation among such enraged parties, withdrew almost entirely to his books and bis gardens. The king who changed minis- ters as well as mensures with great indift'erence, be- stowed at this time his chief confidence on Hyde, Sunderland, and Godolphin. Hyde succeeded Essex in the treasuiy. All the king's ministers, as well as himself, were ex» tronu'ly averse to the meeting of the new parliament, which they expected to find as refractory as any of the preceding. The elections had gone mostly in favour of the country party. The terrors of the plot had still a mighty influence over the jiopukace ; and the appre- lieusious of the duke's bigoted principles and arbitrary character weighed with men of sense and reflection. The king therefore resolved to prorogue the ) arlia- ment, that he might try, whether time woidd allay those himiours, ^\hich, by every other expedient, he had in vain attempted to mollify. In this measure he did nut expect the concurrence of his council. Ho knew that those popular leaders, whom he had admitted, would zealously oppose a resolution, whicli discon- certed all their schemes ; and that the royalists would not dare, by supporting it, to expose themselves to the vengeance of the parliament, when it should be assembled. These leasons obliged him to take this step entirely of himself; and he only declared his re- solution in council. It is remarkable, that, though the king had made profession never to embrace any measure without the advice of these counsellors, he had often broken that resolution, and had been neces- sitated, in affairs of the greatest consequence, to con- trol their opinion. Jlany of them in disgust threw up about this time, particularly lord Russel, the most popular man in the nation, as well from the mildness iiiid integrity of his character, as from his zealous at- tachment to the religion and liberties of his country. Though carried into some excesses, his intentions were ever esteemed upright ; and being heir to tlie greatest fortune in the kingdom, as well as void of ambition, men believed that nothing but the last necessity could ever engage him to embrace .any des- perate measures. Shaftesbury, who was, in most jjarticulars, of an opposite chai-.acter, was removed by the king from the office of president of the council ; and the earl of Kadnor, a man who possessed whim- sical talents and splendid virtues, was substituted in hia place. MEAL-TUB PLOT. It was the favour and countenance of the parlia- ment, which liad chiefly encouraged the rumour of plots ; but the nation had gotten so much into that vein of credulity, and every necessitous villain was so much incited by the success of Gates and Bedloe, that, even during the prorogation, the )ieople were not allowed to remain in tranquillity. There was one Dangerfield, a fellow who had been burned in the hand for crimes, transported, whijiped, pilloried four times, fined for cheats, outlawed for felony, convicted of coining, exposed to all the public infamy which the laws could inflict on the basest and most shameful enormities. The credulity of the people, and the humour of the times, enabled even this man to be- come a person of consequence. He was the author of a new incident, called the Meal-/nli plot, from the jilace where some papers relating to it were found. The bottom of this afl'air it is diflicult, and not very material, to discover. It only appears, that Danger- field, under pretence of betraying the conspiracies of tlio presbyterians, had been countenanced by some catholics of condition, and had even been admitted to the duke's presence and the king's : and that, under pretence of revealing new popish plots, lie had ob- Chap. LXVHI.] CHARLES II 1660 -1683. SMi taincd access to Sliaftesl)nry and some of tlie popular leaders. Which side lie intended to cheat, is uncer- tain ; or whether lie did not rather mean to clieat lioth : hut he soon found that the beUef of the nation was more open to a popish than a presbyteriau plot ; and ho resolved to striUe in with the prevailing humour. Though no weight could he laid on his testimony, great clamour was raised ; as if the court, by way of retaliation, had intended to load the presbyterians with the guilt of a false conspiracy. It must be con- fessed that the present period, by the prevalence and suspicion of such mean and ignoble aits on all sides, throws a great stain on the l)riti.>h anuals. One of the most innocent artifices, practised by party men at this time, was the additional ceremony, pomp, and expense, with wliich a pope-burning was celebrated in London : (17th of November:) the spec- tacle served to entertain, and amuse, and inflame, the populace. The duke of Monmouth likewise came over without leave, and made a triumphant procession through many parts of tlie kingdom ; extremely ca- ressed and admired by the jieople. All these arts seemed requisite to support the general prejudices, during the long interval of parliament. Great enaea- vours were also used to obtain the king's consent for the meeting of that assembly. Seventeen peers pie- sented a petition to this purpose. Many of the corpo- rations imitated the example 1C80. Notwithstand- ing several marks of displeasure, and even a menacing proclamation from the king, petitions came from all parts, earnestly insisting on a session of parliament. The danger of popery, and the terrors of the plot, were never forgotten in any of these addresses. WHIG AND TORY. Tumultuous petitioning was one of the chief arti- fices by which the malcontents in the last reign had attacked the crown : and though tlie manner of sub- scribing and delivering petitions was now somewhat regulated by act of parliament, the thing itself still remained ; and was an admirable expedient for in- festing the court, for spreading discontent, and for uniting the nation in any popular clamour. As the king found no law, by which he could punish those importunate, and, as he deemed them, undutiful soli- citations, he was obliged to encounter them by popular applications of a contrary tendency. Wherever the church and court party prevailed, addresses were framed, containing expressions of the highest regard to his majesty, the most entire acquiescence in his wisdom, the most dutiful submission to his prerogative, and the deepest abhorrence of those who endeavoured to encroach upon it, by prescribing to him any time for assembling the parliament. Thus the nation came to be distinguished into pe'.ilioiiers and abhorrers. Fac- tions indeed were at this time extremely animated against each other. The very names, by which each party denominated its antagonist, discover the viru- lence and rancour which prevailed. For besides peti- tioner and abhorrer, appellations which were soon for- gotten, this year is remarkable for being the epoch of the well-known epithets of Wino and Tony, by which, and sometimes without any material difference, this island has been so long divided. The court party reproached their antagonists with their affinity to the fanatical conventiclers in Scotland, who were known by the name of Whigs: the country party found a resemblance between the courtiers and the popish banditti in Ireland, to whom the appellation of Tory was affixed. And after this manner, these foolish terms of reproach came into public and general use ; and even at present seem not nearer their end than when they were first invented. The king used every art to encourage his partisans, and to reconcile the people to his government. lie persevered in the great zeal which he affected against popei-y. He even allowed several priests to be put to Vol. I. death, for no other crime tll^a their liaving received orders in the Romish church. It is singular, that one of tlieni, called Evans, was playing at tennis, when the warrant for immediate execution was notified to him : he swore, that he would play out his set first. Charles, with the same view of acquiring popularity, formed an alliance with Spain, and also offered a»i filliance to Holland : but thel)utch, terrified with the great power of France, and seeing little resource in a country so distracted as England, declined accep- tance, lie had sent for tlie duke from Scotland, but desired him to return, when the time of assembling the pailianiont began to approach. It was of great consequence to the jjopular party, while the meetiugof parliament depended on the king's w'ill, to keep the law, whose operations are perpetual, entirely on their side. The sheriffs of London by their office return the juries : it had been usual for the mayor to nominate one sherifl^ by drinking to him ; and the common-hall had ever without dispute confirmed the mayor's clioice. Sir Robert Clayton, the mayor, ap- pointed one who was not acceptalde to the popuhir party : the common-hall rejected him ; and Bethel and Cornish, two independents, and republicans, and of consequence deeply engaged with the malcontents, were chosen by a m.ajurity of voices. In spite of all remonstrances and opposition, the citizens persisted in their choice; and the court party was obliged for the present to acquiesce. Juries however were not so parti.al in the city, but that reason and justice, even when the popish plot was in (jucstion, could sometimes prevail. The earl of Castlemaine, husband to the ducliess of Cleveland, was acquitted about this time, (23rd June,) though accused by Gates and Dangerfield of an intention to assassinate the king. Sir Thomas G.ascoigne, a very aged gentleman in the north, being accused by two servants, whom he had dismissed for dishonesty, re- ceived a like verdict. These trials w ere great blows to the plot, which now began to stagger, in the judg- ment of most men, except those who were entirely devoted to the country party. But in order still to keep alive the zeal against popery, the earl of Shaftes- bury appeared in Westminster-hall, attended by the earl of Huntingdon, the lords Russel, Cavendish, Gray, Brandon, sir Ilcnry Cavcrley, sir Gilbert Gen-ard, sir William Cooper, and other persons of distinction, and presented to the giand-jury of Middlesex reasons for indicting tho duke of York as a popish recusant. While the jury were deliberating on this extraordinary presentment, the chief-justice sent for them, and sud- denly, even somewhat irregularly, dismissed them. Shaftesbury however obtained the end for which lie had undertaken this hold measure ; he showed to all his followers the desperate resolution which he had em- braced, never to admit of any accommodation or com- position with the duke. By such daring conduct he gave them assurance, that he was fully determined not to desert their cause : and he engaged them to a like devoted perseverance in all the measures which he should suggest to them. A NEW PARLIAMENT. Ocloher2\. As the kingdom was regularly and openly divided into two zealous parties, it was not difficult for tho king to know that the majority of the new house of commons was engaged in interests opposite to the court : but that he might leave no expedient untried, which could compose the unhappy ditt'erences among his subjects, he resolved, at last, after a long inteival, to assemble the parliament. In his speech, he told them that the several prorogations which he had maie, had been very advantageous to his neighbours, and very useful to himself: that he had employed that in- terval in perfecting with the crown of Spain an alli- ance, which had often been desired by former parlia- ments, and which, he doubted not, would be extremely b N 820 THE HISTORY OF ENGLAND [Chap. LXVllI. agreeable to them : that, in order to give weigllt to this measure, and render it beneficial to Christendom, it was necessary to avoid all domestic dissensions, and to unite themselves firmly in tlie same views and i>nr- poses: that he was determined that nothing on liLs part should be wanting to such a salutary end : and provided the succession were preserved in its due and legal course, he would concur in any expedient for the securitv of the protestant religion : that the further examination of the popish plot and tlie punishment of the criminals were requisite for the safety both of king and kingdom ; and after recommending to them the iiecessity of providing, by some supplies, for the safety of Tangiers, he proceeded in these words : " But that which i value above all the treasure in the world, and which I am sure will give us greater strength and re- putation both at home and abroad than any treasure can do, is a perfect union among ourselves. Nothing but this can restore the kingdom to that strength and vigour which it seems to have lost, and raise us again to that consideration which England hath usually pos- sessed. All Europe have their eyes upon this assem- bly, and think their own happiness and misery, as well as oure, will depend upon it. If we should be so un- happy as to fall into misunderstandings among our- Belves to that degree as would render our friendship unsafe to trust to, it will not be wondered at, if our neighbours should begin to take new resolutions, and perhaps such as may be fatal to us. Let us therefore take care that we do not gratify our enemies, and dis- courage our friends, by any unseasonable disputes. If r.nysucli do happen, the world will see that it is no fault of mine : for I have done all that it was possible for me to do, to keep you in peace while I live, and to leave you so when l' die. But from so great prudence and so good affection as yours, I can fear nothing of this kind ; but do rely upon you all, that you will do your best endeavours to bring this parliament to a good and happy conclusion." VIOLENCE OF THE COMMONS. All these modifying expressions hadno intluence with the commons. Every step which they took betr.ayed the zeal with which they were animated. They voted that it was the undoulited right of the subject to peti- tion the king fur the calling and sitting of parliament. Not content with this decision, which seems justifiable in a mixed monarchy, they fell with the utmost vio- lence on all those ah'horrers, who, in their addresses to the crown, had expressed theii- disapprobation of those petitions. They did not reflect that it was as lawful for one party of men as for another, to express their sense of puhhc affairs; and that tlie best established right mav, in particular circumstances, be abused, and even the'exercise of it become an object of abhorrence. For this offence, they expelled sir Thomas Withens. They appointed a conmiittee for further inquiry into sucli members as had been guilty of a like crime ; and com- pl.aints were lodged against lord Fasten, sir Robert Malverer, sir Bryan Stapleton, Taylor, and Turner. They addressed they king against sir George Jefferies, recorder of London, for his activity in the same cause ; and they frightened him into a resignation of his office, in' which he was succeeded by sir George Treby, a great leader of the popular party. They voted an impeachment against North, chief-justice of the com- mon [ile.as, for drawing the proclamation against tu- multuous petitions: but upon examination found the procl.amation so cautiously worded, that it afforded them no handle against him. A petition had been presented to the king from Taunton. "How dare you de- liver me such a paper!" said the king to the person who presented it. " Sir," replied he, " my name is Dabe." For this saucy reply, but under other pretences, he had been tried, fined, and committed to jji-ison. The com- mons now addressed the king for his liberty, and for renntting his fine. Some printers also and authors of seditious libels they took under protection. Great numbers of the abhorrers, from all parta of Eiigland, were seized by order of the commons, and committed to custody. The liberty of the subject, which had been so carefully guarded by the great charter, and by the late law of liabeas corpus, was every day violated by their arbiti'ary and capricious conmiitments. The cliii f jealousy, it is true, of the English constitution is naturally and justly directed against the crown ; nor indeed have the commons any other means of securing their privileges than by com- mitments, which, as they cannot beforehand be exactly determined by law, nmst always appear in soniedegiee arliitraiy. Sensible of these reasons, the people liad hitherto, without murmuring, seen this discretionary power exercised by the house : but as it wa-s now carried to excess and was abused to serve the purposes of faction, great complaints against it were heard from all quarters. At last, tlie vigour and courage of one Stowel of Exeter, an abhorrer, put an end to the piactice. He refused to obey the serjeant-at-arms, stood upon his defence, and said that he knew of no law by which they pretended to commit liim. Tlie house, finding it equally dangerous to proceed or to recede, got off by an evasion: they inserted in their votes, that Stowel was indisposed, and that a month's time was allowed him for the recovery of his health. Bnt the chief violence of the house of commons ap- peared in all their transactions with regard to the plot, which they prosecuted with the same zeal and the same credulity as their predecessors. They renewed the former vote, which affirmed the reaUty of the hor- rid popish plot ; and, in order the more to terrify the people, they even asserted that, notwithstanding the discovery, the plot still subsisted. They expidled sir Robert Can, and sir Robert Yeomans, who had been complained of, for saying that there was no popish, but there was a presbyterian, plot. And they greatly la- mented- the death of Bedloe, whom they called a ma- terial witness, and on whose testimony they much de- pended. He had been seized with a fever at Bristol: had sent for chief-justice North ; confirmed all his former evidence, except that with regard to the duke and the queen ; and desired North to apply to the king fur some money to relieve him in his necessities. A i'ew days after, he expired; and the whole party tri- umphed extremely in these circumstances of his death: as if such a testimony could be deemed the affirmation of a dying man, as if his confession of perjury in some instances could assure his veracity in the rest, and as if the perseverauee of one profligate could outweigh the last words of so many men, guilty of no crime but that of popery. The commons even endeavoured, by their counte- nance and ])rotection, to remove the extreme infamy with which Dangerfield was loaded, and to restore liiin to the capacity of being an evidence. The whole tribe (if informers they applauded and rewarded : Jeimison, Turborville, Dugdale, Smith, la Faria, appeared be- fore tliem ; and their testimony, however frivolous or absurd, met with a favourable reception : the king was applied to in their behalf for pensions and pardons: their narratives were printed with that sanction which arose from the approbation of the house : Dr. Tongue was recommended for tlie first considerable church preferment, which should become vacant. Consider- ing men's determined resolution to believe, instead of admiring that a palpable filsehood should be main- tained by witnesses, it may justly ajipear wonderful, that no better evidence wiis ever produced agiiinst the catholics. EXCLUSION BILL. The principal reasons, which still supported the clam- our of the popish plot, were the apprehensions enter- tained l.y the people of the duke of York, and tho resolution embraced by their leaders, of excluding liim CuAP. LXVIII.] CHARLES II. 1660—1685. 827 from tlio throne. Sluiftesbury and many considerable men of the p.arty, had rendered themselves irrecon- cilahlc with liim, and could find their safety no way but in liis ruin. Monmouth's friends hoped that the excUision of tliat prince would make way for their patron. The resentment against the dulse's apostacy, the love of liberty, the zeal for religion, the attach- ment to faction, all these motives incited the country party. And, above all, what supported the resolution of adhering to the exclusion, and rejecting all other expedients oflei'cd, was the hope, artfully encouraged, that the king would at last be obliged to yield to their demand. ITis revenues were extremely buidcned; and even if free, could scarcely suffice for the neces- sary charges of government, much less for that plea- sure and expense to which ho was inclined. Tliough he h.ad withdrawn his countenance from Monmouth, he was known secretly to retain a great affection for him. On no occasion h.ad he ever been found to persist ob- stinately against difficulties and importunity. And as liis beloved mistress, the duchess of Portsmouth, had been engaged, either from lucrative views, or the hopes of m.aking the succession fall on her own chil- dren, to unite herself with the popul.ar party ; tliis in- cident was regaided as a favourable prognostic of their success. Sunderland, .secretary of state, who had linked his interest with that of the duchess, had con- curred in the s.ame measure. But besides fiiendsliip for his brother .and a regard to the right of succession, there were many strong rea- sons which had determined Charles to persevere in op- posing the exclusion. All the royalists and the devo- tees to the church, that party by which alone monarchy w.as supported, regarded the right of succession .as in- viol.able ; and if abandoned by the king in so capital an article, it was to be feared tliat they would, in their turn, desert his cause, and deliver him over to the pretensions and usurpaticms of the country party. The countr)' party, or the Whigs, as they were called, if they did not still retain some propensity towards a republic, were at least affected with a violent jealousy of regal power ; and it was equally to be dreaded, that, being enraged with past opposition, and animated by present success, they would, if they prevailed in this pretension, be willing, as well as able, to reduce the prerogative within very narrow limits. All menaces, therefore, all promises were again employed against the king's resolution : he never would be prevailed on to desert liis friends, and put Iiiinself into the hands of his enemies. And having voluntarily made such im- portant concessions, and tendered, over and over again, such strong limitations, he was well pleased to find them rejected by the obstinacy of th.e commons : and lioped that, after the spirit of opposition had spent itself in fruitless violence, the time would come, when he might safely appeal against his parliament to his people. So much were the popular leaders determined to carry matters to extremities, that in less than a week after the commencement of the session, a motion was made for bringing in an exclusion bill, and a committee was aiipointcd for that purpose. This bill differed in nothing from the former, but in two .ar- ticles, which showed still an increase of zeal in the commons : the bill was to bo read to the people twice a ye.ar in all the churches of the kingdom, and every one who should support the duke's title was ren- dered incapable of receiving a pardon but by act of parliament. The debates were carried on with gi-cat violence on both sides. (lOtb November.) The bill was de- fended by sir William Jones, who had now resigned his office of attorney-general, by lord Russel, by sir Francis Winnington, sir Harry Capel, sir Wil- liam Pr.lteney, by colonel Titus, Treby, Ilamhden, Montague. It was opposed by sir I.eoline Jenkins, secretary of state, sir John Ernley, chancellor of the exchequer, by ITydc, Seymour, Temple. The argu- ments, transmitted to us, may be rednced to the follow, ing topics. ARGUMENTS FOR AND AGAINST THE EXCLUSION. In every government, said the e.xclusionists, there is somen here an authority absolute and supreme ; nor can any determination, how unusual soever, w hich receives the sanction of the legislature, admit afterwards of dispute or control. The liberty of a constitution, so far from diminishing this absolute power, seems ra- ther to add force to it, and to give it greater influence over the peojile. The more members of the state con- cur in any legislative decision, and the more free their voice, the less likelihood is there that any opposition will be made to those measures which receive the final sanction of their authority. In England, the le- gislative power is lodged in king, lords, and commons, which comprehend every order of the community : and there is no pretext for exempting any circumstance of government, not even the succession of the crown, from so full and decisive a jurisdiction. Even express declarations have, in tliis particular, been made of par- liamentary authority : instances have occurred whero it b.as been exerted : and though prudential reasons may justly be alleged why such innovations should not be attempted but on extraordinary occasions, the power and right are for ever vested in the community. But if any occasion can be deemed extraordinary, if any emer- gence can require unusual expedients, it is the present, when the heir to the crown has renounced the religion of the state, and has zealously embraced a faith tot.ally hostile and incompatible. A prince of that conmiunion can never put trust in .a people so prejudiced against him : the peojde must be equally diffident of such a prince : foreign and destructive alliances will seem to one the only protection of his throne ; perpetual jea- lousy, opposition, faction, even insurrections, will be employed by the other as the solo securities for their liberty and religion. Though theological principles, when set in opposition to passions, have often small influence on mankind in general, still less on princes ; yet when they become symbols of faction, and marks of party distinctions, they concur with one of the strongest passions in the human frame, and are then capable of carrying men to the greatest extremities. Notwithst.anding tlie better judgment and milder dis- position of the king ; how much has the influence of the duke already disturbed the tenor of govern- ment? How often engaged the nation into measures totally destructive of their foreign interests and ho- nour, of their domestic repose and tranquillity ? The more the absurdity and incredibility of tlie popish plot are insisted on, the stronger reason it affords for the ex- clusion of the duke ; since the univers.a! belief of it discovers the extreme antipathy of the nation to his religion, and the utter impossibility of ever bringing them to acquiesce peaceably under the dominion of such a sovereign. The prince, finding himself in so perilous a situation, must seek for security by despe- rate remedies, and by totally subduing the privileges of a nation wliicli liad betrayed such hostile disposi- tions towards himself, and towards everything which he deems the most sacred. It is in vain to propose li- mitations .and expedients. Whatever share of autho- rity is left in the duke's hands, will be employed to the destruction of tlie nation ; and even the additional re- straints, by discovering the public diffidence and aver- sion, will serve him as incitements to put himself in a condition entirely superior and independent. And as the laws of England still make resistance treason, and neither do nor can admit of any positive excep- tions, wh.at folly to leave the kingdom in so perilons and absurd a situation, where the greatest virtue will be exposed to the most severe proscription, and where the laws can only be saved by expedients, which these same laws have declared the liighest crime and enor- mity ! 28 THE HISTORY OF ENGLAND [Chap. IJKVIII. The court party reasoned in an opposite jn.inr.Rr. An autliority, tliey said, wholly absolute and uncontrol- lable is a mere chimera, and is nowhere to be found in any human institutions. All government is founded on opinion and a sense of duty ; and wherever the su- preme nia>;istrate, by any law or positive prescription, sliocks an opinion regarded as fundamental, and estab- lis.ied with a firmness equal to that of his own autho- rity, he subverts the principle by which ho himself is established, and ean no longer hope for obedience. In European monarchies, the right of succession is justly esteemed a fundamental ; and even though the whole legislature be vested in a single person, it would never be permitted him, by an edict, to disinherit his lawful heir, and call a stranger or more distant relation to the throne. Abuses in other parts of government are capable of redress, from more dispassionate inquiry or better information of the sovereign, and till then ought patiently to beendured: but violationsoftlierightof suc- cession draw such terrible consequences after them as ai'O not to be paralleled by any other grievance or inconveni- ence. Vainly is it pleaded that England is a mixed mo- narchy ; and that a law, assented to by king, lords, and commons, is enacted by the eoncnrrenee of every part of the state: it is plain that there remains a very power- ful party, who may indeed be out- voted, but who never will deem a law, subversive of heieditary riglit, any- wise valid or obligatory. Limitations, such as are pro- posed by the king, give no shock to the constitution, which, in many particulars, is already limited : and they may be so calculated as to serve every pui'pose sought for by an exclusion. If tlie ancient barriers against regal authority have been able, during so many ages, to remain impregnable ; liow much more, tliose addi- tional ones, which, by depriving the monarch of power, tend so far to their own security ? The same jealousy too of religion, wliich has engaged the people to lay these restraints upon tlie successor, will exti'emely lessen the number of his partisans, and make it utterly impracticable for him, either by force or artifice, to break the fetters imposed upon him. The king's age and vigorous state of health promise liim a long life: and can it be prudent to tear in pieces the whole state, in order to piovide against a contingency, which it is very likely ma}' never liap]ien ? No human schemes can secure the public in all possible, imaginable events; and tlie bill of exclusion itself, however accurately framed, leaves room for obvious and natural suii)iosi- tions, to which it pretends not to provide any lemedy. Should the duke have a son, after the king's death, must that son, without any default of his own, forfeit his title ? or must the prince.ss of Orange descend from the throne, in order to give place to the lawful suc- cessor ? But were all these reasons false, it still remains to be considered that, in public deliberations, we seek not the expedient which is best in itself, but the best of sneh as are practicable. The king willingly consents to limitations, and has already offered some which are of the utmost importance: but he is determined to endure any exticmity rather than allow the right of succession to be invaded. Let us beware of that fac- tious violence, which leads to demand more than will be granted • lest we lose the advantage of those bene- ficial concessions, and leave the nation, on the king's demise, at the mercy of a zealous prince, irritated with the ill usage, which he imagines he has already met with. EXCLUSION BILL REJECTED. November 15. In the house of commons, the reasoning of the ex- clusionists appeared the more convincing, and the bill passed by a great majority. It w.os in the house of peers that the king expected to opiiose it w itli success. Tlie court party was there .so prevalent, that it was carried only by a majority of two to pay so nnich re- gard to the bill as even to commit it. When it came to bo debated, the contest was vicdent. Shaftesbury, I Simdcrhmd, and Essex, argued for it: Halifax chiefly conducted the debate against it, and displayed an c;r- tent of capacity, and a force of eloquence, which had never been surpassed in that assembly. He was ani- mated, as welt by the gi'eatness of the occasion, as by a rivalship with his uncle Shaftesbury; whom, during that day's debate, he seemed, in the judgment of all, to have totally eclipsed. The king was present during the whole debate, which was prolonged till eleven at night. The bill was thrown out by a consi- derable majority. All the ljl5ho))S, except three, voted against it. Besides the influence of the court over them, the church of England, they imagined or pre- tended, was in greater danger from the prevalence of presbyterianism tlian of popery, which, though favoured by the duke, and even by the king, was extremely repugnant to the genius of the nation. The commons discovered much ill-humoxir upon this disappointment. They immediately voted an address for the removal of llaiifa.x from the king's councils and presence for ever. Though tlie pretended cause was his advising the late frequent prorogations of ])arliament, the real reason was apparently his vigorous opposition to the exclu- sion bill. AVlien the king applied for money to enable him to maintain Tangiers, whicli he declared his pre- sent revenues totally unable to defend, instead of com- plying, they voted such an address as was in reality a remonstrance, and one little less violent than that famous remonstrance, which usliercd in the civil wars. All the abuses of government, from the beginning almost of the reign, are there insisted en ; the Dutch war, the alliance with France, the prorogations and dis- solutions of parliament ; and as all these measures, as well as the damnable and hellish plot, are there ascribed to the machinations of papists, it was plainly insinuated tliat the king had, all along, lain under the influence of that party, and was in reality the chief conspirator against the leligion and liberties of his people. The commons, tlioiigh they conducted the great busi- ness of the exclusion with extreme violence and even inijirudenee, had yet much reason for the jealousy which gave rise to it; but their vehiuient prosecution of the popish plot, even after so long an interval, dis- covers such a spirit, either of ciediility or injustice, as admits of no ajiology. The impeachment of the catho- lic lords m the Tower was revived ; and as viseoun.t Stafford, from his age, infirmilie.*, and narrow capacity, was deemed the least capable of defending himself, it was determined to make him tlie first victim, that his condemnation might pave the way for a sentence against the rest. The chancellor, now created earl of Nottingham, was appointed high-steward for conduct- ing the trial. TRIAL OF STAFFORD. November 30. Three witnesses were produced against the prisoner ; Oates, Dugdale, and Turberville. Oiitcs swore, that he saw Fcnwic, the Jesuit, deliver to Stafford a commis- sion signed by de Oiiva, general of the Jesuits, apiioint- ing him paymaster to the papal army, which was to be levied for the subduing of England : for this ridiculous imiiostuie still maintained its credit with the commons. Dugdale gave testimony, that the prisoner, at Tixal, a seat of lord Aston's, had cndeavoui-ed to engage him in the design of murdering the king ; and had promised him, besides the honour of being sainted by the churcli, a reward of 500 pounds for that service. Turberville deposed, that the prisoner, in hisown house at Paris, had made him a like proposal. To offer money for murder- ing a king, without laying down any scheme by which the assassin may ensure some probability or possibility of escape, is so incredible in itself, and may so easily be maintained by any prostitute evidence, that an accu- sation of that nature, not .accompanied with circum- stances, ought very little to be attended to by any court of judicature. But notwithstanding the small hold which the witnesses aiFordcd. the prisoner was able, in Chap. I,XVIII.] CHARLES II. 1600— 1GS5. 829 many niatcriiil particulars, to discredit tlieir testimony. It was sworn liv Duiidule, tliat Statl'ord had assisted in a jjreat consult of tlie catliolics held at Ti.xal ; hut Slaft'ord proved by undoubti'd testimony, that at the tiuioassi)t with i-egard to the king's power of exercising even this small degree of lenity. " Since he cannot pardon the whole," said they, "liow can ho have power to remit any part of the sentence ?" They proposed the doubt to both houses: the peers pro- nounced it superiluous ; and even the commons, appre- hensive lest a question of this nature might make way for Stafford's escape, gave this singular answer : " This house is content, that the sheriffs do execute William late viscount Stafford by severing his head from bis body only." Nothing can be a stronger proof of the fury of the times, than that lord Russel, notwithstand- ing the virtue and humanity of his character, seconded in t'le house this barbarous scruple of the sheriffs. In the interval between the sentence and execution, many efforts were made to shake the resolution of the Snfinu and aged prisoner, and to bring him to some confession of the treason for which he was condemned. It was even rumoured, that he had confessed; and the zealous party-men, who, no doubt, luad secretly, not- withstanding their credulity, entertained some doubts with regard to the reality of the pojiish conspiracv, expressed great triumph on the occasion. I3ut Stafford, when again called before the house of peers, discovered many schemes, whieli liad been laid by liimself and others for procuring a toleration to the catholics, at hast a mitigation of the penal laws enacted against them : and be protested that this was the sole treason of whicli he bad ever been guilty. Staflbrd now prep.ared himself for death witli the in trcpidity which became his birth and station, and which was the natural result of the innocence and integrity which, during tlio coui-se of a long lilV', be had ever maintained ; his mind seemed even to collect new force from the violence and oppression under wbieli he laboured. When going to execution, (2!)th December,) be called for a cloak, to defend him against the rigour of the season. "Perhaps," said he, " 1 may shake with cold; but I trust in God not for fear." On the scaffold, he continued, with reiterated and earnest asseverations, to make protestations of Ids innocence: all his fervour was exercised on that point : when be mentioned the w itnesses, whose perjuries had bereaved bim of life, bis expressions were full of mildness and of charity. He solemnly disavowed all those immoral princiiiles, which over-zealous protestants had ascribed without distinc- tion to the church of Kome: and he hoped, be said, that the time was now approaching, when the present delusion would be dissijiated ; and when the force of truth, though late, would engage the whole world to make reparation to his injured honour. The populace, who had exulted at Stafford's trial and condemnation, were now melted into tears at the sight of that tender fortitude which shone fortli in each feature, and motion, and accent of this aged noble. Their profound silence was only interrupted by sighs and groans. With diificulty they found speech to assent to those protestations of innocence, which he frequently repeated. " We believe you, my lord !" " God bless you, my lord." These expressions with a falter- ing iicceut flowed from them. The executioner liimself was touched with sympathy. Twice he lifted up the axe, with an intent to strike the fatal blow ; and as often telt his resolution to fail bim. A deep sigh was beard to accompany his last effort, wliicli laid Stafford for ever at rest. All the spectators seemed to feel the blow. And when the head was held up to them with the usual cry, " This is the head of a traitor," no clamour of assent was uttered. Pity, remorse, and astonishment bad taken possessiun of every heart, and displayed itself in every countenance. This is the last blood which was shed on account of the popish plot : an incident wliicli, for the credit of the nation, it were better to bury in eternal oblivion ; but which it is necessary to jieriietuate, as well to maintain the truth of history, as to warn, if possible, their posterity and all mankind never again to fall into so shameful, so barbarous a delusion. The execu- tion of Stafford gratified tlie prejudices of the country jiarty ; but it contributed nothing to their power and srcurity : on the contrary, by exciting commiseration, it tended still further to increase that disbelief of the whole plot, which began now to prevail. The com- mons, therefore, not to lose the present opportunity, resolved to make both friends and enemies sensible of tlieir ]iower. They passed a bill for easing the pro- testant dissenters, and for repealing the persecuting statute of the thirty-fiftli of Klizabeth : this laudable bill was likewise carried through the house of peers. The chief-justice was very obnoxious for dismissing the grand-jury in an irregular manner, and thereby disappointing that bold measure of Shaftesbury and bis friends, who had presented the iluke as a recu.sant. For this crime the commons sent up an impeachment against him ; as also against Jones and Weston, two 630 THE HISTORY OF ENGLAND. [Chap. I.XVIIl. of the judges, -who, in some speeches from the hench, Iriid gone so far as to give to many of the first reform- ire the appellation of fanatics. The king, in rejecting tlie exclusion bill, had shel- tered himself securely behind the authority of the liouse of peers ; and the commons had been deprived of the usual pretence, to attack the sovereign himself, under colour of attacking liis ministers and counsellors. In prosecution, however, of the scheme which he had formed, of throwing the blame on the commons in case of any rupture, he made them a new speech. After warning them, that a neglect of this opi)Ortunity would never be retrieved, he added these words : " I did promise you the fullest satisfaction, which your hearts could wish, for the sec-urity of the jirotestant religion, .nnd to concur with you in any remedies, which might consist with preserving the succession of the crown in its due and legal course of descent. I do again, with the same reservations, renew the same promises to you : and being thus ready on my pai-t to do all that can reasonably be expected from nie, I Bliould be glad to know from yon, as soon as may be, how far I shall be assisted by you, and what it is you desire from me." VIOLENCE OF THE COJIMONS. The most reasonable objection against the limita- tions proposed by the king, is, that they introduced too considerable an innovation in tlie government, and almost totally annihilated the power of tlie future monarch. But considering the present disposition of the commons and their leaders, we may tiiirly pre- sume, that this objection would have small weight with them, and that their disgust against the court would rather incline them to diminish than support regal authority. They still hoped, from tlie king's urgent necessities and his usual facility, that he would throw himself wholly into their bauds ; and that thus, without waiting for the accession of the duke, they might immediately render themselves absolute masters of the government. The commons, therefore, besides insisting still on the exclusion, proceeded to bring- in bills of an important, and some of tliem of an alarming nature : one to renew the triennial act, which had been so inadvertently repealed ui the beginning of the reign : a second to make the ofHce of judge during good behaviour : a third to declare the levying of money without consent of parliament to he high- treason : a fourth to order an association for the safety of his majesty's person, for defence of tlie protestaut religion, for tlie preservation of tlie protestaut subjects against all invasions and opposition whatever, and for preventing the duke of York or any papist from suc- ceeding to the crown. The memory of the covenant was too recent for men to overlook the consequences of such an association ; and the king, w'lio was parti- cularly conversant in Davila, could not fail of recollect- ing a memorable foreign instance to fortify this do- mestic experience. The commons also passed many votes, which, though they had not the authority of laws, served however to discover the temper and disposition of the house. They voted, that whoever had advised his majesty to refuse the exclusion bill were promoters of popery and enemies to the king and kingdom. In another vote, they named the marquis of Worcester, the earls of Clarendon, Fevcrsham, and Halifax, Laurence Hyde, and Edward Seymour, as those dangerous ene- mies ; and tliey requested his m.ajesty to remove them from his jierson and councils for ever : they voted that, till the exclusion bill were passed, they could not, consistent with the trust reposed in them, grant the king any manner of supply. And lest he should be enabled by any other expedient, to support the government, and preserve himself indepcndeut, they pa.ssed another vote, in wliich tliey declared that, wlio- evc-T should hereafter lend, by way of advance, any money upon those branches of the king's revenue, arising from customs, excise, or he.arth-money, should be judged a hinderer of the sitting of jiarliameut, and be responsible for the same in parliament. DISSOLUTION OF THE PARLIAMENT. January 10, 1081. The king might presume that the peers, who had re- jected the exclusion bill, would still continue to defend the throne, and that none of the dangerous bills, intro- duced into the other house, would ever be presented for the royal assent and approbation. Bnt as there remained no hopes of bringing the commons to any better temper, and as their further sitting served only to keep fiiction alive, and to perpetuate the general ferment of the nation, he came secretly to a resolution of proroguing them. They got intelligence about a quarter of au hour before the black rod came to their door. Not to lose such precious time, they passed in a tumultuous manner some extraordinary resolutions. They voted, that whosoevei- advised his majesty to prorogue this parliament to any other purpose than in order to pass the bill of exclusion, was a betrayer of the king, of the protestaut religion, and of the king- dom of England; a promoter of the French interest, and ,a pensioner of France ; that thanlcs be given to the city of London for their manifest loyalty, and for their care and vigilance in the preservation of the king, and of the protestaut religion ; that it is the opinion of this house, that that city was burned in the year 16C6 by the papists, designing thereby to intro- duce arbitrary power and pojjcry into the kingdom ; that humble application be made to his m.ijesty for re- storing the duke of Monmouth to all his offices and commands, from which, it appears to the house, he had been removed by the influence of the duke of Yoi'k ; and that it is the opinion of the house that the prosecution of the protestaut dissenters upon the penal laws is at this time grievous to the subject, a weakening of the protestaut interest, an encourage- ment of popery, and dangerous to the peace of the kingdom. The king passed some laws of no great importance ; but the bill for repealing the tliirty-fifth of Elizabeth, he privately ordered the clerk of the crown not to present to him. By tliis artifice, which was equally disobliging to the country party as if the bill had been rejected, and at the same time implied some timidity iu the king, that salutary act was for the present eluded. The king had often of himself attempted, and sometimes by irregular means, to give indulgence to nonconformists ; but besides that he had usually expected to comprfheiul the catholics in this liberty, the present refractory disposition of the sectaries had much incensed him against them ; and he was re- solved, if possible, to keep them siill at mercy. The last votes of the commons seemed to bo an attempt of forming indirectly an association against the crown, after they found that their association-bill could not pass : the dissenting interest, the city, and the duke of Monmouth, they endeavoured to connect with the country party. A civil war indeed never ap- peared so likely as at present ; and it was high time for the king to dissolve a parliament, which seemed to have entertained such dangerous projects. Soon after, he summoned another. Thoug'n he observed; that the country party had established their interest so strongly in all the electing boroughs, tluat he could not hope tor an}' disposition more favourable in the new parliament, this expedient was still a prosecution oi his former project, of trying every method by which he miglit form .an accommodation with the commons ; and if all failed, he hoped that he could the better justify to his people, at least to his party, a final breach with them. It had always been much regretted by the royalists, dming the civil wars, that the long jiarliament liad Ckap. LXVIII.] CHARLES II. 1660— 16S5. 831 been assembled at Westminster, and liad thereby re- ceived force and encouiagement from the vicinity of a potent and factions city, wliicli had zealoiisly cm- braced thoir party. Tliongh tlie king was now pos- sessi'd of gnards, whicli in some measure overawed the populace, he was determined still further to obvi- ate all inconveniencies ; and he summoned the new parliament to meet at Oxford. The city of London showed how just a judgment he had formed of their dispositions. Uosides re-electing the same members, they voted th.anks to them for their former behaviour, in endeavouring to discover the depth of the horrid and hellish popish plot, and to e.Kclude the duke of York, the principal cause of the ruin and misery im- pending over the nation. Jlonmouth with fifteen peers presented a petition against assembling the par- liament at 0.\t"ord, " where the two houses," they said, "could not be in s.afety ; but would be e.isily e.\poscd to the swords of the papists and their adherents, of ■whom too many had crept into his majesty's guards." These insiniuitions which pointed so evidently at the king himself, were not calculated to persuade liim, but to inflame tlie people. The e.xclusionists might have concluded, both from the king's dissolution of the last parliament, and from Iiis summoning of the present ti> meet at Oxford, that he was determined to maintain his declared resolution of rejecting their favourite bill ; but they still flattered themselves that his urgent necessities would influence his easy temper, and finally gain them the ascendant. The leaders came to p.arliament, attended not only by their servants, but by numerous bands of their p,ar- tisans. The four city members in particular were followed by great multitudes, wearing ribbons, in which were woven these words. No popery ! no slavery ! The king h.ad his guards regularly mustered : his party likewise endeavoured to make a show of their strength ; and on the whole, 'the assembly at O.xford rather bore the appearance of a tumultuous Polish diet, than of a regular English parliament. NEW PARLIAMENT AT OXFORD. March 21. The king, who had hitherto employed the most pracious expressions to all his parliaments, particularly tho two liust, thought proper to address himself to the present in a more authoritative manner. He com- plained of the imwarrantablo proceedings of the former house of commons ; and said that, as he would never use arbitrary government himself, neither would he ever suffer it in others. By calling, however, this parliament so soon, he had sufficiently shown that no p-ost irregularities could inspire him with a prejudice against those assemblies. He now afforded them, he added, yet another opportunity of providing for the public safety ; and to all the world had given one evi- dence more, that on his part he had not neglected tho dtity incunilient on him. The commons were not overawed by the magis- terial .air of the king's speecli. They consisted almost entirely of tho same members ; they chose the same speaker; and they instantly fell into the same mea- sures, the impeachment of Danby, the repeal of the persecuting statute of IClizabeth, the inquiry into the popish plot, and the bill of exclusion. So violent were they on tl-.is Last .article, that no other expedient, how- ever plausible, could so much as be hearkened to. I-^rnley, one of the king's ministers, proposed that the duke should be banished, during life, five hundred miles from England, and that on the king's demise the next heir should be constituted regent with regal power: yet even this expedient, which left the duke only the bare title of king, could not, though seconded by sir Thomas Littleton and sir Thomas Afompesson, obt.ain tb.e attention of the house. The past disap- pointments of the country party, and the opposition made by the court, had only rendered them more united, more haughty, and more determined. No method but their own, of excluding the duke, could give them any satisfaction. FITZ-H ARRIS'S CASE. There was one Fitz-harris, an Irish catliolic, who had insinuated himself into the duchess of Ports- mouth's acquaintance, and had been very busy in con- veying to her intelligence of any libel written by the country party, or of any designs entertained against her or against the court. For services of this kind, and ])erhaps too, from a regard to his father, sir Edward Fitz-harris, who had been an eminent royalist, lie had received frum the king a present of 2.')0 pounds. This man met with one Everard, a Scotchman, a spy of the exdusionists, and an informer concerning tlie popish plot : and he engaged him to wi'ite a libel against the king, the duke, and the whole administration. AV'iiat Fitz-liarris's intentions were, cannot well be ascer- tained : it is probable, as he afterwards asserted, that he meant to carry this bbel to his patron, the duchess, and to make a merit of the discovery. Everard, who susjiected some other design, and who was well pleased on his side to have the merit of a discovery with his patrons, resolved to betray his friend: he ])osted sir William Waller, a noted justice of peace, and two persons more, behind the hangings, and gave them an opportunity of seeing and hearing the whole transaction. The libel, sketched out by Fitz-harris, and executed ])artly by him, partly by Everard, was the most furious, indecent, and outi-ageoiis ])erform- ance im.aginable ; and such as was fitter to hurt than serve any Jiarty, which should be so impnideut as to adopt it. Waller carried the intelligence to tlie king, and obtained a warrant for committing Fitz-harris, who li.appened, at that very time, to h.ave a copy of the libel in his pocket. Finding himself now delivered over to tho law, he resolved to pay court to tho popular party, who were alone able to protect him, and by whom he observed almost all trials to be governed and directed. He affirmed, that he h.ad been employed bj- the court to write the libel, in order to throw the odium of it on the exclusionists ; but this account, which was within the bounds of credibility, he disgraced by circunistanees which are altogether absurd and improbable. The intention of the minis- ters, he said, was to send about copies to all the heads of the country pai-ty ; and the moment they received them they were to be arrested, and a conspi- racy to be imputed to them. That he might merit favour by still more important intelligence, he com- menced a discoverer of the great popish plot ; and he filled not to confirm all the tremendous circumstances insisted on by his predecessors. He said, th.at the second Dutch war was entered into with a view of ex- tirpating the protestant religion, both abroad and at home ; that father Parry, a Jesuit, on the disajijioint- inent by the peace, told him, that the catholics re- solved to murder the king, and had even engaged the queen in that design ; that the envoy of Jlodena offered him 10,000 pounds to kill the king, and upon his refusal the envoy sas he was conducted to his trial — an iniquity which some pretended to justify by al- leging that a like violence had been practised against a ]irisoner during the fury of the popish plot. Such wild notions of retaliation were at that time propa- gated by the court party. The witnesses produced against College were Dug- dn.ie, Turberville, llaynes. Smith ; men who had before pivcn evidence against the catholics; and whom the Vat. I. jury, for that very reason, regarded as the most per- jured villains. College, though beset with so many toils, and oppressed with so many iniquities, defended himself with spirit, courage, capacity, presence of mind ; and he inv.alidated tlie evidence of the crown, by convincing arguments and undoubted testimony : yet did the jury, after half-au-hour's deliberation, bring in a verdict against him. The inhuman specta- tors received the verdict with a shout of apjilause : but the prisoner was nowise dismayed. At his execution, he maintained the same manly fortitude, and still de- nied the crime imputed to him. Ilis whole conduct and demeanour prove him to have been a man led astray only by the fury of the times, and to have been governed by an honest, but indiscreet zeal for his country and his religion. Thus the two parties, actuated by mutual rage, but cooped up within the narrow limits of the law, levelled with ])oisoned daggers the most deadly blows against each other's breast, and buried in their factious divi- sions all regard to truth, honour, and humanity. CHAPTER LXIX. and Shaftesbury acriuittcd Argr>-Ie's Trial . cotlanti Stare of the Minisiryiii Kngland New State of Affairs in Irelancl- Stnir of Affairs in Scotland Stare of the Ministryii NoniinHtinn of Sheriffs Quo Warraritos Great I'ower ttf the Crown A <'onspiracy Shaftesburv n-tires and dies Uyt-- House I'lot— ^ Conspiracy di-icovcrcd Kxecufion of tlic Conspirators Trial of Lord Ilussfl Mis Execution Trial of Algcr/ion Sidney His K\ecution State of the Nation State of I'oreign Affairs King's Sicknesi and Death His Character. STATE OF AFFAIRS IN IRELAND. TX/HEN the Cabal entered into the mysterious alli- * » ance with France, they took care to remove tho duke of Orniond from the committee of foreign affairs; and nothing tended further to increase the national jealousy, entertained against tho new measures, than to see a man of so much loyalty, as well as probity and honour, excluded from public councils. They had evea so great interest with the king as to get Ormond recalled from the government of Ireland ; and lord Robarts, afterwards earl of Radnoi-, succeeded him in that important employment. Lord lierkeley succeeded Robarts, and the earl of Essex, Berkeley. At last, in the year I6G7, Charles cast his eye ag.aiu upon Ormond, whom he had so long neglected ; and sent him over lieutenant to Ireland. "I have done everything," said the king, " to disoblige that man ; but it is not in my power to make him my enemy." Ormond, during his disgrace, had never joined the malcontents, nor en- couraged those clamours, which, with too much reason, but often for bad purposes, were raised against the king's measures. He even thought it his diitv, regu- larly, though with dignity, to pay his court at White- hall ; and to prove that his attachments were founded on gratitude, inclination, and principle, not on any tem- porary advantages. All the expressions, which dropped from him, while neglected by the court, shewed more of good humour, than any prevalence of spleen and indignation. " I can do you no service," said ho to his friends ; " I have only the power left by my applications to do you some hurt." When colonel Cary Dillon solicited him to second his pretensions for an office, and urged that he had no friends but God and his grace : " Alas ! poor Cary," replied the duke, " I pity thee : thou couldst not have two friends that possess less in- terest at court." — " I am thrown by," said he, on another occasion, " like an old rusty clock ; yet even that neglected machine, twice in twenty-four hours, points right." On such occasions, when Ormond, from deceiicv, paid his attendance at court, the king, equally ash.amod to sliow him civility and to neglect him, was .aba^liod 634 THE HISTORY OF ENGLAND. [Chap. LXIX. and confounded. " Sir," said tlic pi ofligate Bucking- hatn, " I wish to know wlictlier it be the duke of Or- mond tliat is out of favour witli your majesty, or your majesty with the duke of Urmoud; for, of tlie two, you Seoul tiie most out of countenance." Wlien Charles found it his interest to show favour to llie old loyalists, and to tlie cliurch of England, Or- muod, who was much revered by that whole party, could not fail of recovering together with the govern- ment of Ireland, his former credit and authority. His administration, when lord-lieutenant, corresponded to t!in general tenor of his life; and tended equally to promote the interests of prince and people, of protest- atit and catholic. Ever firmly attached to the estab- lished religion, he was able, even during those jealous times, to escape suspicion, though lie gratified not vulgar prejudices by any persecution of the popisli party. He increased tlie revenue of Ireland to tliree hundred thousand pounds a year: he maintained a regular aimy of ten thousand men : he supported a well- dinciplined militia of twenty thousand: and though the actofsettlementhadsofarbeen infringed, that catholics were permitted to live in corporate towns, they were guarded with so ca.efulan eye, that the most timorous protestant never apprehended any danger from tliem. The chief object of Essex's ambition was to return to the station of lord-lieutenant, where lie had behaved witli honour and integrity: Shaftesbury and Bucking- ham bore an extreme hatred to Ormond, both from personal and party considerations; tlie great aim of the anti-courtiers was to throw reflections on every part of the king's government. It could be no surprise, there- fore, to the lord-lieutenant to learn, that his adminis- tration was attacked in parliament, particularly by Sliaftesbury; but he liad the satisfaction, at tlie same time, to hear of the keen, though polite defence, made by his son, the generous Ossory. After justifying several particulars of Orniond's administration against that intriguing patriot, Ossory proceeded in the follow- ing words : " Having spolcen of what the lord-lieutenant h.is done, I presume with the same truth to tell your lordships what he has not done. He never advised the breaking of tlie triple league ; he never advised the sliutting up of the exchequer; he never advised tlie declaration for a toleration ; he never advised the fall- ing out with the Dutcli and the joining with France: he was not the autlior of that most excellent position, Dileiiria est Carthago, tliat Holland, a protestant country, t-liould, contrary to tlie true interests of England, be totally destroyed. I bog that your lordsliips will be so just as to judge of my father and all men, according to their actions and their counsels." These few sen- tences, pronounced by a plain gallant soldier, noted for probity, liad a surprising effect upon the audience, and confounded all the rhetoric of his eloquent and factious adversary. The prince of Orange, who esteemed the former character as much as he despised the latter, could not forbear congratulating by letter the earl of Ossory on this new species of victory which he had obtained. Ossory, though he ever kept at a distance from fac- tion, was the most popular man in the kingdom ; though he never made any compliance with the corrupt views of the court, was beloved and respected by the king. All universal grief appeared on his death, which liappened about this time, and which the populace, as is usual wherever they are much affected, foolishly ascribed to poison. Ormond bore the loss with patience and dignity; though he ever retained a pleasing, how- ever melancholy, sense of the signal merit of Ossory. "I would not exchange my dead son," said he, "for any living son in Cliristendom." These particularities may appear a digression ; but it is with pleasure, I own, that I relax myself for a moment in the contemplation of these humane and vir- tuous charaoters, amidst that scene of fury and faction, fraud and violence, in which at present our narration luis tiDfortunately engaged us. Besides the general interest of the country ]i:irty to decry the conduct of all the king's ministers, the pru- dent and peaceable administration of Ormond was in a jiarticular manner displeasing to them. In England, where the catholics were scarcely one to a hundred, means had been found to excite an universal panic on account of insurrections, and even massacres, projecled by that sect; and it could not but seem strange that in Ireland, where they exceeded the protestants six to one, there should no symptoms appear of any combi- nation or conspiracy. Such an incident, when t extensive capacity of all employed in publin affairs during the present reign, affected a spe- cies of neutrality between the parties, and was es- teemed the head of that small body known by the dcuominatiun of Trimmers. This conduct, which is more natural to men of integrity than of ambition, could nut, however, procure him the former chai aoter ; and he was always, with reason, regarded as an in- triguer rather than a patriot. Sunderland, who had promoted the exclusion bill, and who had been dis- placed on that account, was again, with the duke's consent, brought into the administration. The extreme duplicity, at least variableness, of this man's conduct, through the whole course of his life, made it be sus- pected that it was by the king's direction he had mixed with the coimtry party. Hyde, created earl of Ro- chester, was fiist commissioner of the treasury, and was entirely in the duke's interests. The king himself was obliged to act as the head of a party ; a disagi-c-eable situation for a prince, and al- ways the source of much injustice and ojipression. He knew how obnoxious the dissenters were to the church ; and he resolved, contrary to the maxims of toleration which he had hitherto supported in England, to gratify his friends by the persecution of his enemies. The laws against conventicles were now rigorously exe- cuted ; an expedient which, the king knew, would diminish neitlier the numbers nor influence of the nonconformists; and which is therefore to be deemed more the result of passion than of policy. Scarcely any persecution serves the intended purpose but si;ch as amounts to a total extermination. NEW NOMINATION OF SHERIFFS. Though the king's authority made every day great advances, it still met with considerable obstacles, chiefly from the city, which was entirely in the hands of the malcontents. The juries, in particular, named by the sheriffs, were not likely to be impartial judges between the crown and the people ; and, after the ex- periments already made in the case of Shaftesbniy and that of College, treason, it was apprehended, might there be committed with impunity. There could not therefore be a more important service to the court than to put affairs upon a different footing. Sir John Moore, the mayor, was gained by secretary Jenkins, and encouraged to insist upon the customary privilege of his office, of naming one of the sheriffs. Accordingly, when the time of election came, he drank to North, a Levant merchant, who accepted of that expensive office. The country party said, that being lately returned from Turkey, he was, on account of his recent experience, better qualified to serve the pur- poses of the court. A poll was opened for the elec- tion of another sheriff; and here began the contest. The majority of the common-hall, headed by the two sheriffs of the former year, refused to acknowledge the m.ayor's right of .a|ipointing one sheriff, but in- sisted that both must be elected by the livery. Pa- pillon and Dubois were the persons whom the country- party agreed to elect : (•24th .June :) liox was pointed out by the courtiers. The poll was opened; but as the mayor would not allow the election to proceed for two v;icancies, the sheriffs and he separated, and e.ach carried on the poll apart. The country jiarty, who voted with the sheriffs for Papillon and Dubois, were much more numerous than those who voteil with the m.ayor for Box; but as the mayor insisted, that his poll was the only legal one, he declared IJox to be duly elected. All difficulties, however, were not sur- mounted. Dox, apprehensive of the consequences ! which might attend so dubious an election, fined off ; and the mayor found it necessary to proceed to a new | choice. When the matter was proposed to the com- i tnon-h.all, a loud cry was raised, " No election ! No I election !" The two sheriffs already elected, Papillon and Dubois, were insisted on as the only legal magis- trates. I5nt as the mayor still maintained, that Box alone had been legally chosen, and that it was now re- quisite to supply his place, he opened books anew; and during the tumult and confusion of the citizens, a few of the mayor's partisans electr-d Rich, unknown to and unheeded by the rest of the livery. North and Rich were accordingly sworn in sheriffs for the ensuing year; but it was necestary to send a guard of the train-bands to]irotect them in entering upon their office. A new maj'or of the court jiarty was soon after chosen (25th October,) by means, as is pretended, still more violent and irregular. Thus the country party were dislodged from their stronghold in the city ; where, ever since the com- menceuient of factions in the English go\ernimnt, they had, without interruption, almost without mo- lestation, maintained a superiority. It had been hajipy, had the partialities, hitherto objected to juries, been corrected, without giving place to partialities of an op- posite kind : but in the present distracted state of the nation, an equitable neutrality was almost impossible to be attained. The court and church paity, who were now named on juries, made justice subservient to their factious views; and the king had a jirospect of obtaining full revenge on his enemies. It was not long before the effects of these alterations were seen When it was first reported, that the duke intended to leave Scotland, Pilklngton, at that time sheriff", a very violent man, had broken out in these terms, *' He has already burned the city ; and he is now coming to cut all our throats." For these scandalous expressions, the duke sued Pllkington; and enormous damages, to tho amount of 100,000 pounds, were decreed him. I'.y tho law of England, ratified in the Great Charter, no fines or damages ought to extend to the total ruin of a criminal. Sir Patience Ward, formerly mayor, who gave evidence for Pllkington, was sued for jieijury and condemned to the pillory : a severe sentence, and sufficient to deter all witnesses from ap|)earing in fa- vour of those who were prosecuted by the court. But though the crown had obtained so great a vic- tory in the city, it was not quite decisive, and the contest might be renewed every year at the election of magistrates. An important project, therefore, was formed, not only to make the king master of the city, but by that precedent to gain him uncontrolled influ- ence in all the corporations of England, and thereby give the greatest wound to the legal constitution, which the most powerful and most arbitrary monarchs had ever yet been able to inflict. A writ of quo u-ar- ranto was issued against tho city ; that is, an inquiry Into the validity of its charter. It w.as luetended, that the city had forfeited all its privileges, and ought to be declared no longer a corporation, on .account of two offences which the court of aldermen and common- council had committed. After the great fire in KititJ. all the markets had been rebuilt, and had been fitted up with many conveniences ; and, in order to defr.ay the expense, the magistrates had iniposod a small toll on goods brought to market: in the year IG/O, they had addressed the king against the prorogation of par- liament, and had employed the following terns: "Your petitioners are greatly surprised at the late prorogation, whereby the prosecution of the public justice of the kingdom, and the making of necessary provisions for the preservation of your majesty and your protestant subjects, have received interruption." These words were pretended to contain a scandalous reflection on the king and his measures. The cause of the city was defended against the attorney and soli- citor-generals by Trehy and Pollexfen. These last ide.%ded that, since the foundation of the monarchy, no corporation had ever yet been exposed to forfeiture, and the thing itself implied an absurdity ; that a corporation, as such, was incapable of all crime or offence, and none were ausw enable U>r .any iniquity 838 THE HISTORY OF ENGLAND. [Chap. I.XIX but the persons themselves who committed it ; thiit | who, if they disapprove twice of the clioice, may (ill the members in choosing magistrates, had intrusted the vacancy. GREAT POWER OF THE CROWN. All the corporations in England, having the example of London before their eyes, saw hov.- vain it would prove to contend with the court, and were, most of them, successively induced to surrender their charters into the king's hands. Considerable sums were ex- acted for restoring the charters ; and all offices of power and profit were left at the disposal of the crown. It seems strange, that the independent royalists, who never meant to make the crown .absolute, should yet be so elated with the victory obtained over their ad- versaries, as to approve of a precedent, which left no national privileges in security, but enabled the king, under like pretences, and by means of like instru- ments, to recall anew all those charters, which at present he was pleased to grant. And every friend to liberty must allow, that the nation, whose constitution was thus broken in the shock of faction, had a right, by every prudent expedient, to recover that security, of which it was so unhappily bereaved. them with legal powers only ; and where the magis- trates exceeded these powers, their acts were void, but could never involve the body itself in any criminal im- putation ; that such had ever been the practice of Enn-land, except at the Reformation, when the monas- teries were abolished ; but this was an extraordinary case ; and it was even thought necessary to ratify afterwards the whole transaction by act of parliament : that corporate bodies, framed for public good, .and calculated for perpetual duration, ought not to be annihilated for the temporary faults of their mem- bers, who might themselves, without hurting the com- munity, be questioned for their ofi'ences : that even a private estate, if entailed, could not he forfeited to the crown, on account of treason committed by the tenant for life ; but upon his demise went to the next in remainder : that the ofifences, objected to the city, far from deserving so severe a punishment, were not even worthy of the smallest reprehension : that all corpo- rations were invested with the power of making bye- laws ; and the smallest borough in England had ever been allowed to carry the exercise of this power further than London had done in the instance com- plained of : that the city, having, at its own expense, repaired the markets, which were built too on its own estate, might as lawfully claim a small recompence from such .as brought commodities thither, as a man might require rent for a house of which he was pos- sessed : that those who disliked the condition might abstain from the market ; and whoever paid had dor.e it voluntarily : that it was an avowed right of the sub- jects to petition ; nor had the city in their address abused this privilege : that the king himself had often declared, the parliament often voted, the nation to be in dtinger from the popish plot ; which, it is evident, could not be fully prosecuted but in a parliamentary manner : that the impeachment of the popish lords was certainly obstructed by the frequent prorogations ; as was also the enacting of necessary laws, and provid- ing for the defence of the nation : that the loy.alty of the city, no less than their regard to self-preservation, might prompt them to frame the petition ; since it was acknowledged, that the king's life was every moment exposed to the most imminent danger from the popish conspiracy : that the city had not accused the king of obstructing justice, much less of having any such in- tention ; since it was allowed, that evil counsellors were alone answer.able for all the pernicious conse- quences of any measure ; and that it was unaccount- able, that two public deeds which had not, during so long a time, subjected to any, even the smallest penalty, tho'persons guilty of them, should now be punished so severely upon the corporation, which always was, and alwavs must be, innocent. It 'is evident, that those who would apologise for the measures of the court, must, in this case, found their arguments not on law, but reasons of state. The judges, therefore, who condemned the city, are inex- cusable; since the sole object of their determin.ations must ever be the pure principles of justice and equity. But the office of judge was at that time held during pleasure ; and it was impossible that any cause, where the court bent its forc«| could ever be carried against it. After sentence was pronounced, the city api)hed in a humble manner to the king ; (12th June ;) and he agreed to restore their charter, but in return they were obliged to submit to the following rrgulations : that no mayor, sheriff, recorder, common-serjeant, town-clerk, or coroner, should be admitted to the ex- ercise of his office without his mnjesty's approbation: that if the king disapprove twice of the mayor or sheriffs elected, he may by commission appoint these magistrates ; that the mayor and court of aldermen may, with his majesty's leave, displace any magis- trate: and that no alderman, in case of vacancy, shall be elected without consent of the court of aldermen ; A CONSPIRACY. While so greiit a faction adhered to the crown, it is apparent, that resistance, however justifiable, could never be prudent ; and all wise men saw no expedient, but peaceably to submit to the present grievances. There was, however, a jiarty of malcontents, so turbu- lent in their disposition, that, even before this last iniquity, which laid the whole constitution at the mercy of the king, they had meditated plans of resist- ance, at a time when it could be as little justifiable as prudent. In the spring, ICSl,* a little before the Oxforil parliament, the king was seized with a fit of sickness at Windsor, which gave great alarm to the public. The duke of Monmouth, lord Russel, lord Grey, instigated by the restless Shaftesbury, had agreed, in case the king's sickness should prove mor- tal, to rise in arms, and to oppose the succession of the duke. Charles recovered ; but these dangerous projects were not laid aside. The same conspirators;, together with Essex and Salisbury, were determinei to continue the Oxford parliament, after the king, sk was daily expected, should dissolve it ; and they en- gaged some leaders among the commons in the same desperate measure. They went so far as to detain seve- ral lords in the house, under pretence of signing a jno- tcst against rejecting Fitz-hai-ris's impeachment : but hearing that the commons had broken up in great con- sternation, they were likewise obliged at last to sepa- rate. Shaftesbury's imprisonment and tri;il put an end for some time to these machinations ; and it was not till the new sheriff's were imposed on the city that they were revived. The leaders of the country party began then to apprehend themselves in imminent dann-er ; and they were well pleased to find that the citizens were struck with the same terror, and were thence inclined to undertake the most perilous enter- prises. Besides the city, the gentry and nobility in several counties of England were solicited to rise in arms. Monmouth engaged the earl of Macclesfield, lord Brandon, sir Gilbert Gerard, and other gentle- men in Cheshire ; lord Russel fixed a correspondenco with sir Willi.im Courtenay, sir Francis Rowcs, sii Francis Drake, who promised to raise the west ; and Trenchard in particuhir, who had interest in the dis- affected town of Taunton, assured him of considerable assistance from that neighbourhood. Shaftesbury, and his emissary Ferguson, an independent clergyman, and a restless plotter, managed the correspondence in the city, upon which the confederates chiefly relied. » Lord Crcy'b Secret Ui.Vi.ry nf llie Uyi-housc; Plot. Tl.is is [lie most luL an-l authentic account of all these transactions; but is ii! the main coii- lirmeri l.y bisliop Sprat, and even 11 rnet, as well as by the tii.ils and dying confessions of the inspirators ; so that nothin,; car. be more unarcoutitable thun that any one should pretend that this conspiracy was an imposture, lll<« the popish plot. Monmouth's declaration, published lu the nest reign, con- fcssea a consult for extraordinary remedies Chap. LXIX.] CHARLES II. I{;60— 16S5. 839 The whole train was roaJy to take fire ; but was pre- vented by the caution of lord Russel, who induced Monmouth to delay the enterprise. Sliaftesburv, in tlie mean time, was so much affected witli the sense of his danger, that he had left his house, and secretly lurked in the city ; meditating all those desperate schemes, which disappointed revenge and ambition could inspii'e. He exclaimed loudly against delay, and represented to his confederates, that having gone so far, and intrusted tlie secret into so many h.ands, there w;is no safety for them but in a bold and desperate prosecution of their purpose. The projects were there- fore renewed : meetings of the conspiiators were ap- pointed in different houses, p.articularly in Shephard's, on eminent wine-nierchaut in the city; the plan of an insurrection was laid in London, Clieshire, Devonshire, and Bristol ; the several [daces of rendezvous were concerted ; and all the operations fixed ; the state of the guards was even viewed by Monmouth and Arm- strong, and an attack on them pronounced prac- ticable : a declaration to justify the enterprise to the public was read and agreed to ; and every circum- stance seemed now to render an insurrection unavoid- able ; when a new delay was procured by Trenchafd, who declared, that the rising in tlie west could not for some weeks be in sufficient forwardness. SHAFTESBURY RETIRES AND DIES. Shaftesbury was enraged at these perpetual cau- tions and delays in an enterprise which, he thought, nothing but courage and celerity could render effec- tual. He threatened to commence the insurrection with his friends in the city alone ; and he boasted, that he had ten thousand brisk toys, as he called them, who, on a motion of his finger, were ready to fly to arms. Monmouth, Russel, and the other conspirators, were, during some time, in apprehensions lest de- spair should push him into some dangerous measure : when they heard tliat, after a long combat between fear and rage, he hid at last abandoned all hopes of success, and had retired into Holland. He lived in a private manner at Amsterdam ; and for greater secu- rity desired to be admitted into a magistracy of tliat city : but his former violent couns'ds against the Dutch commonwealth were remembered; and all applications from him were rejected. He died soon after ; and his end gave neither son-ow to his friends, nor joy to his enemies. His furious temper, notwith- standing his capacity, had done great injury to the cause in which he was engaged. The violences and iuiiiuities whicli he suggested and encouraged, were greater than even faction itself could endure ; and men could not forbear sometimes recollecting, that the same person, who had become so zealous a patriot, was once a most prostitute courtier. It is remarkable, that this man, wliose principles and conduct were, in all other respects, so exceptionable, proved an ex- cellent chancellor ; and that all his decrees, while he possessed that high oflice, were equally remarkable for justness and for integrity. So difficult is it to find in history a character either wholly bad or perfectly good ; though the prejudices of party make writers run c.isily into the extremes both of panegyric and of satire. After Shaftesbury's departure, the conspirators found some difficulty in renewing the correspondence with the city malcontents, who had been accustomed to depend solely on that nobleman. Their common hojies, however, as well as common fears, made them at lust h.ive recourse to each other; and a regular pro- ject of an insurrection was again formed. A council of six was erected, consisting of Monmouth, Russel, Essex, Howard, Algernon Sidney, and John Hamb- den, grandson of the great parhamentary leader. These men entered into an agreement with Arg)-le and the Scottish malcontents ; who engaged, that, upon the payment of 10,000 pounds for the purchase of arms in Holland, they would bring the covenanters into the field. Insurrections, likewise, were anew jirojected in Cheshire, and the west, as well as iu tho city ; and some meetings of the leaders were held, in order to reduce these projects into form. The con- [ spiratois differed extremely in their views. Sidney was passionate for a commonwealth. Essex had embraced the same project. But Monmouth had entertained Iiopes of acquiring the crown for himself. Knssel, as well as Hambden, was much attached to the ancient constitution, and intended only the exclusion of the duke, and the redress of grievances. Lord Howard was a man of no principle, and was ready to embrace any party which his immediate interest should recom- mend to him. But notwithstanding this difference of characters and of views, their common hatred of the duke, and the present administration united them iu one party ; and tlie dangerous experiment of an insur- rection was fully resolved on. RYE-HOUSE PLOT. While these schemes were concerting among the loaders, there was an inferior order of conspirators, who held frequent meetings ; and, together with the insurrection, cari'ied on projects quite unknown to Monmouth and the cabal of six. Aitong these men were colonel Rumsey, an old republican officer, who had distinguished himself in Portugal, and had been recommended to the king by mareschal Schomberg ; lieutenant-colonel Walcot, likewise a republican offi- cer ; Goodcnough, under-sheriff of London, a zealous and noted party-man ; West, Tyler, Norton, Ayloffe, lawyers ; Ferguson, Rouse, Hone, Keiling, HoUoway, Bourne, Lee, Rurabald. Most of these last were mer- cliants or tradesmen ; and the only persons of this confederacy, who had access to the leaders of the party, were Rumsey and Ferguson. When these men met together, they indulged themselves in the most desperate and most criminal discourse; they fre- quently mentioned the assassination of the king and the duke, to which they had given the familiar appel- lation of lopping : they even went so far as to have thought of a scheme for that purpose. Rumbald, who was a maltster, possessed a farm called the Rye-house, which lay on the road to Newmarket, whither the king commonly went once a year, for the diversion of the races. A plan of this farm had been laid before some of the conspirators by Rumbald, who showed them how easy it would be, by overturning a cart, to stop at that place the king's coach ; while they might fire upon him from the hedges, and be enabled after- wards, through bye-lanes, and cross the fields, to make their escape. But tliough the plausibility of this scheme gave great pleasure to the conspirators, no con- certed design was as yet laid, nor any men, horses, or arms, provided ; the whole was little more than loose discourse, the ovei-flowings of their zeal and rancour. The house, in which the king lived at Newmarket, took fire accidentally ; and he was obliged to leave that place eight days sooner than he intended. To this circumstance his safety was afterwards ascribed, when the consi>iracy was detected ; and the court party could not sufficiently admire the wise dispensa- tions of Providence. It is indeed certain, that as the king had thus unexpectedly left Newmarket, he was worse attended than usual ; and Rumbald informiil his confederates with regret, what a fine opportunity was thus unfortunately lost. CONSPIRACY DISCOVERED. June 12. Among the conspirators, I have mentioned Keihng, a Salter in London. This man had been engaged in a bold measure, of arresting the mayor of London at the suit of Paiiillon and Dubois, the outed sheriffs, and being liable to prosecution for that action, he thought it safest to purchase a pardon, by revealing the conspiracy, in which he was deeply concerned. 840 THE HISTORY OF EXGLAXD. [CuAP. LXIX. TTe brought to secretary Jeiilcins intelligence of the aasassinution plot ; but us lie was a single eviJcnee, tlie secretary, whom many false plots had probably ren- dered incrodidous, scrnpled to issue ivarrants for the commitment of so great a number of persons. Keil- ino', therefore, in order to fortify his testimony, en- gaged his brother in treasonable discourse with Good- enough, one of the conspirators ; and Jenkins began now to give more attention to the intelligence. The conspirators had got some hint of the danger in which they were involved, and all of them concealed them- selves. One person alone, of the name of Barber, an instrument maker, was seized ; and as his confession concurred in many particulars with Keiling's infor- mation, the affair seemed to be put out of all question ; and a more diligent search was everywhere made after the conspirators. West, the lawyer, and colonel Rumsey, finding the perils to which they were exposed in endeavouring to escape, resolved to save their own lives at the expense of their companions ; and they snrrendcred themselves with an intention of becoming evidence. West could do little more than confirm the testimony of Keiling, with regard to the assassination [)lot ; but Rumsey, be- sides giving additional confirmation of the same design, was at hrst, though with much difficulty, led to reveal the meetings at Shephard's. Shephard was imme- diately apprehended ; and had not courage to maintain fidelity to his confederates. Upon his information, orders were issued for arresting the great men engaged in the conspiracy. Jlonmonth absconded : Russel was sent to the Tower : Gray was arrested, but escaped from the messenger : Howard was taken, while he concealed himself in a chimney; and being a man of profligate morals, as well as indigent circumstances, he scrupled not, in hopes of a pardon and a reward, to reveal the whole conspiracy. Ksse.x, Sidney, and Hambden were immediately apprehended upon his evidence. Every day some of the conspirators were detected in their lurking-places, and thrown into prison. EXECUTION OF THE CONSPIRATORS. Lieutenant-colonel Walcot was first brought to his trial. This man, who vi'as once noted for bravery, had been so far overcome by the love of life, that he had written to secretary Jenkins, and had offered, upon promise of pardon, to turn evidence: but no sooner had he taken this mean step than he felt more generous sentiments arise in him ; and he endeavoured, though in vain, to conceal himself. The witnesses against him were Rumsey, West, Shephard, together with Bourne, a brewer. His own letter to tlie secretary was pro- duced, and rendered the testimony of the witnesses unquestionable. Hone and Rouse were also con- demned. These two men, as well as Walcot, acknow- ledged at their execution, the justness of tlie sentence; and from their trial and confession it is sufficiently aji- parent, that the plan of an insurrection had been regu- larly formed ; and that even tlie assassination had been often talkil of, and not without the approbation of many of the conspirators. TRIAL OF LORD RUSSEL. The condemnation of these criminals was probably intended as a preparative to tlie trial of lord Russel, and served to impress the public with a thorough belief of the conspiracy, as well as a horror against it. The witnesses produced against the noble prisoner, were Rumsev, Shephard, and lord Howard. Rumsey swore, that he himself had been introduced at the cabal at Shephard's, where Russel w.as jireseiit ; and had de- livered them a message from Shal"tesijury, urging them to hasten tlie intended insurrection : but had received for answer, that it was found necessary to delay the dwign, aod that Shaftesbury must therefore, for some time, rest contented. This answer, he said, was de- livered hy Ferguson ; but was assented to by the jiri- soner. lie added, that some discourse had been «-n- tered into about taking a survey of the guards ; and he thought that Moninoutli, Gray, and Armstrong, umUr- took to view them. Sfhephard dcjiosod, that liis hon;;e Iiad beforehand been bespoken by Ferguson for the secret meeting of the cunspiratois, and that he had been careful to keep all his servants from apjiroaching them, and had served them himself. Their discourte, he said, ran chiefly upon the means of surprising lliC guards ; and it was agreed, that Jlonmoutli and his two friends should take a survey of them. The report, which they brought next meeting, was, that the guardd were remiss, aiut that the design was jiracticable : but he did not affirm that any resolution was taken of exe- cutiug it. The prisoner, he thought, was present at both these meetings ; but he was sure that at least lie w.as present at one of them. A declaration, he added, had been read by Ferguson in Russel's presence : llic reasons of the intended insurrection were there St't forth, and all the public grievances fully displayed. Lord Howard had heen one of the cabal of si.x, established aflerShaftesbury's flight ; and two meetings had been held by the conspirators, one at Ilambden s, another at Russel's. Howard deposed, that at the first meeting it was agreed to begin the insurrection in the country before the city ; the places were fixed, the proper quantity and kind of arms agreed on, and the whole plan of opcr.ations concerted : that at the sc>.ond meeting, the conversation chiefly tui-ned upon their cor- respondence with Argyle and the discontented Scots, and that the jirineipal management of that ali'uir was in- trusted to Sidney, who had sent one Aaron Smith into Scotland with proper instructions. He added, that in these deliberations, no question was put, or votes col- lected ; but there was no contradiction ; and, as he took it, all of them, and the prisoner among the rest, gave their consent. Rumsey and Shephard were very unwilling witnesses against lord Russel ; and it appears from Gray's Secret History, that, if they had pleased, they could have given a more explicit testimony against him. This i-eluctance, together with the diificulty \:> recollecting circumstances of a conversation which had p.assed above eight months before, and which the persons had not at that time any intention to reveal, may beget some slight objection to their evidence. But on the whole, it was undoubtedly proved, that the insurrection had been deliberated on by the prisoner, and fully re. solved ; the surprisal of the guards deliberated on, but not fully resolved ; and that an assassination had never once been mentioned nor imagined by him. So far the matter of fact seems certain : but still, with regard to law, there remained a difficulty, and that of an important nature. The English laws of tieason, bqth in the manner of defining that crime, .and in tlie proof required, are the mildest and most indulgent, and couse<[iiently the most equitable, that are anywhere to be found. The two chief species of treason, contained in the statute of Edward III., are the compassing and intending of the king's death, and the actual levying of war against him; and by the law of JIary, the crime must be proved by the concurring testimony of two witnesses, to some overt act, tending to these purposes. But the lawyers, partly desirous of paying court to the soveicign, partly convinced of ill consequences which might attend such narrow liinitations, had introduced a greater latitude, both in the proof and definition of the crime. It was not required that the two witnesses should testify the same precise overt act : it was sufficient, that they both tes- tified some overt act of the same treason : and though this evasion may seem a subtilty, it had long prevailed in the courts of judicature, and h id at last been so- lemnly fixed by parliament at tlie trial of lord Stafford. The lawyers had used the same freedom with the law of Edward III. They had observed, (hat, by that ^ "' ,'»^, I -: "K > Cl^^VTZ' O' ..^^i^J^J^' , ,J^ J^5(^ _^^?-/ Chap. LXIX.] CHARLES II 1G60— IC85. 641 statute, ii" a man should enter into a conspiracy for a rebellion, should even fix a correspondence with foreign poweiTS for t!:at purpi'se, should provide arms and money, yet, if he wore detoc'ed, and no rebellion ensued, he coiild not be tried for treason. To prevent this incouveuience, which it had been better to remedy by a new law, they had commonly laid their indictment for intending the death of the king, and had produced the intention of rebellion as a proof of that other inten- tion. But though t.'iis form of indictment and trial was very frequent, and many criminals had received sentence upon it, it was still considered as somewhat irregular, and w.-is i)laiuly confounding, by a sophism, two species of treason, which the statute had accu- rately distinguished. What made this refinement still more exceptionable was, that a law had passed scon after the Restoration, in which the consulting or the intending of a rebellion was, during Charles's lifetime, dcchired treason ; and it was resjuired, that the prose- cution should be commenced witliin six months after the crime w.as committed. But notwithstanding this statute, the lawyers had persevered, as they still do pei-severe, in the old form of indictment; and both sir Harry Vane and Oliver Plunket, titular primate of Ireland, had been tried by it. Such was the general horror entertained against the old republicans and the popish conspirators, that no one had mnrmuied against this interpretation of the statute; and tin? lawyers thought that they might follow the precedent, even in the case of the popular and beloved lord Russel. Itus- sel's crime fell plainly w ithin tlie statute of Charles II.; but the facts sworn to by Rumsey and Shephard were beyond the six months required by law, and to the other facts How.ard was a single witness. To make tlie indictment, tlierefore, more extensive, the intention of murdering the king was comprehended in it : and for proof of this intention the conspiracy for raising a re- bellion was assigntd ; and, what soenied to bring the matter still nearer, the design of attacking the king's guards. Russel perceived this irregularity, and desired to have the point argued by counsel : the chief-justice told him, that this favour could not be granted unless he previously confessed the facts charged upon him. The arti6cial confounding of the two species of treason, though a pi-nctice supported by many precedents, is the chief, but not the only hardship, of which Russel had reason to complain on his trial. His defence was feeble; and he contented himself with protesting, that he never had entertained any design against the life of the king : his veracity would not allow him to deny the conspiracy for an insurrection. The jury were men of fair and reputable characters, but zealous royalists : after a short deliberation, they brought in the prisoner guilty. Applications were made to the king for a pardon : even money, to the amount of .a hundred thousand pounds, was offered to the duchess of Portsmouth by the old earl of Bedford, father to Russel. The king was inexorable. He had been extremely harassed with the violence of the country party; and he had ob- served, that the prisoner, besides his secret designs, had always been carried to the highest extremity of opposition in parliament. Russel h.ad even adopted a sentiment, similar to what we meet with in a letter of the younger Brutus. Had his father, he said, advised the king to reject the exclusion bill, he would be the first to move for a parliamentary impeachment .against him. When such determined resolution was observed, his popularity, his hun-.anity, his justice, his very vir- tues, became so many crimes, and were used as argu- ments against sparing him. Charles therefore would go no further than remitting the more ignominious part of the sentence, which the law requires to be pro- nounced against tniilors. "Lord Russel," said he, "shall find, that I am possessed of that prerogative, whicli, in the case of lord Stafford, he thought proper to deny me." As the fury of the country party had Vol. I. rendered it impos' ibie for the king, without the inimi- ntnt danger of his crown, to pardon so many catholics, w hom he firmly believed innocent, and even ali'ectionate and loyal to him ; he probably thought, that, since; the edge of the Uiw was now ready to tall upon that party themselves, they could not reasonably expect that he would interpose to save them. Russel's consort, a woman of virtue, daughter .and heir of the good earl of Southampton, threw herself at ' the king's feet, and pleaded with many tears the merits ! and loyalty of her father, as an atonement for those I errors, into wl.ich his honest, however mistaken, priu- I ciples had seduced her husband. Those supplications j were the last instance of female ivcakijcss (if they de- serve the name) which siie betrayed. Finding ail ap- ! plications vain, she collected courage, and net only fortified herself against the fatal blov.-, but endeavoured by her ex.ample to streugtheu the resolution of her unfortunate lord. With a tender and decent com- posure they took leave of e.ich other on the day of his [ e.'cecntion. "The bitterness of death is now past," ' said he. when he turned from her. Lord Cavendish had lived in the closest intimacy w ith Russel, and de- serted not his friend in the present calamity. He ofTerod to manage his escape by changing clothes with him, and remaining at all hazards in his place. Russel refused to s.ave his own life, by an expedient which might expose his friend to so many hardships. AVlien the duke of Monmouth by message offered to surrender himself, if Russel thought that this nie.isure would any- wise contribute to his safety ; " It will be no advantage to me," ho said, " to have my friends die w ith me." Some of his expressions discover, not only composure, but good humour in this melancholy extremity. The day before his execution he was seized with a bleeding at the nose. " I shall not now let blood to divert this distemper," s.aid he to Dr. Burnet, who attended him ; " that will be done to-morrow." A little before the sherifi's conducted him to the scaftold, he wound up his watch, " Xow I have done," said he, " with time, and henceforth must think solelv of cternitv." LORD RUSSEL'S EXECUTION July 21. The scaffold was erected in Lincoln's-Inn Fields, a place distant from the Tower; and it was probably in- tended, by conducting Russel through so many streets, to show the mutinous city their beloved leader, once the object of all their confidence, now exposed to the utmost rigours of the law. As he was tlie most po]>u- lar among his own party ; so was he ever the least ob- noxious to the opposite faction : and his melancholy fate united every heart, sensible of humanity, in a tender compassion for him. Without the least ch.ange of countenance, he laid his head on the block ; and at two strokes, it was severed from his body. In the speech, w hich he delivered to the sheriffs, he was very anxious to clear his mcmoi-y from any impu- tation of ever intending the king's death, or .any altera- tion in the government: he could not explicitly confess the projected insurrection without hurting his frieuds, who might still be called in question for it : but he did not purge himself of that design, which, in the present condition of the nation, he regarded as no crime. By many passages in his speech he seeips to the last to have lain under the influence of parly zeal ; a passion which, being nourished by a social temper, and clothing itself under the appearance of principle, it is almost impossible for a virtuous man, who has acted in public life, ever thoroughly to eradicate. He professed his entire belief in the popish plot : and he said, that, though he had often heard the seizure of the guards mentioned, he had ever disapproved of that attempt. To wliich he added, that the massacring of so many innocent men in cool blood was so like a popish prac tice, that he could not but abhor it. Upon the whole, the integrity and virtuous intentions, rather than the 5P 842 THE HISTORY OF ENGLAND. rC'HAP lXIX. capacity, of this unfortunate nobleman, seem to have been the shining parts of liis cliaracter. TRIAL AND EXECUTION OF ALGERNON SIDNEY. Algernon Sidney w.is next bronglil to liis trial. Tliis fjallant person, son of tlie carl of Leicester, liad entered deeply into tlio war against the late Icing ; and tliough nowise tainteil with enthusiasm, lie liad so far sliared in all the conuselsof tlie independent republican party, as to liave been named on the high-court of justice, wliieh tried and condemned that mouarcli : lie tlionght not proper, however, to talte his seat among tlie judges. lie ever opposed Cromwell's usurpation with zeal and courage; and after making all efforts against tlie Re- storation, lie resolved to take no benefit of the general indemnity, but chose voluntary banishment, ratlier tliau submit to a government and f^imily which he aljliorred. As long as the republican party had any existence, he was active in eveiy sclieme, however un- promising, whicli tended to promote tlieir cause: but at length, in IC77, finding it necessary for his private affairs to return to England, he had applied for tlie king's pardon, and had obtained it. When tlie factions, arising from the popish plot, began to run high, Sidney, full of those ideas of liberty, which he had imbibed from the great examples of antiquity, joined the popu- lar party ; and was even willing to seek a second time, tlirough all tlie horrors of civil war, for his adored re- public. From this imperfect sketch of the cliaracter and conduct of this singular personage, it may easily be conceived how obnoxious he was become to tlie court and ministry : what alone renders them blameable was the illegal method which they took for effecting tlieir purpose against him. On Sidney's trial they produced a great number of witnesses, who proved the reality of a plot in general ; and when the [irisoner exclaimed, that all these evidences said nothing of him, he was answered, that this method of proceeding, however irregular, had been practised in the prosecu- tions of the popish conspirators ; a topic more fit to condemn one party than to justify the other. The only witness who deposed against Sidney, was lord Howard ; but as the law required two witnesses, a strange expedient was fallen on to supply this defi- ciency. In ransacking the prisoner's clo-icts, some discourses on government were found ; in which he liad maintained principles, favour.able indeed to liberty, but such as the best and most dutiful subjects in .all ages have been known to embrace ; the original contract, the source of power from a consent of the people, the lawfulness of resisting tyrants, the prefer- ence of liberty to the government of a single person. These papers were asserted to be equiv.alent to a second witness and even to many witnesses. The prisoner replied, that there was no other reason for ascribing these papers to him as the author besides a similitude of hand ; a proof which was never admitted in criminal prosecutions : that allowing him to be the author, he had composed them solely for his private amusement, and had never publislied them to the world or even communicated them to any single person : that when examined they appeared, by the colour of tlie ink, to have been written many years before, and were in vain produced as evidence of a present conspiracy against the government : and that where the law positively requires two witnesses, one witness, attended with the most convincing circum- stances, could never suffice ; much less, when sup- ported by a circumstance so weak and precarious. All these arguments, though urged by the prisoner with great counage and pregnancy of reason, had no influence. The violent and inhuman .lofFries was now chief-justice ; and by his direction ,a partial jury was easily prevailed on to give verdict against Sidney. His ixecutlon followed a few days after : (17th Decem- ber :) he complained, and with reason, of the iniquity of the sentence ; but he had too much greatness of mind to deny those conspiracies with Monmouth and Russel, in with he had been engaged. He rather gloried, that he now suffered for that ensable duty. Howard was also the sole evidence against Hambden ; and his testimony was not sup- ported by any material circumstance. The crown- lawyers thei'efore found it in vain to try the prisoner for treason : they laid the indictment only for a misde- meanour, and obtained sentence against him. The fine imposed was exorbitant ; no less than forty thou- sand pounds. HoUoway a merchant of Bristol, one of the conspi- rators, had fled to the West-Indies, and was now brought over. lie had been outlawed ; but the year allowed him for surrendering himself was not expired. A trial was therefore offered him ; but as he had at first confessed his being engaged in a conspiracy for an insurrection, and even allowed that he had heard some discourse of an assassination, though he had not aji- proved of it, he thought it more expedient to throw himself on the king's mercy. He was executed, per- sisting in the same confession. Sir Tliomas Annsti'ong, who had been seized iu Holland, .and sent over by Chidley, the king's minis- ter, was precisely in the same situation with Hollo- way ; but the same favour, or rather justice, was refused him. Tlie lawyers pretended, that, unless he had voluntarily sun'cndered himself before the expir.a- tion of the time assigned, he could not claim the privi- lege of a trial ; not considering that the seizure of his person ought in equity to be supposed the accident which prevented him. The king bore a great enmity against this gentleman, by whom he believed the duke of Monmouth to have been seduced from his duty : he also asserted, that Armstrong had once promised Cromwell to ass.assinate him ; though it must be con- fessed, that the prisoner justified himself from this imputation by very strong arguments. These were the reasons of that injustice wliicli was now done him. It was apprehended that sufficient evidence of his guilt could not be produced ; and that even the partial juries, which were now returned, and whieli allowed themselves to be entinly directed by JeftVies, and other violent judges, would not give sentence against him. On the day that Russel was tried, Essex, a man eminent both for virtues and abilities, was found in the Tower with his throat cut. The coroner's inqurst brouLiht in tlieir verdict, ielf-murder ; yet because two children ten years old (one of whom too departed from his evidence) had affirmed that they heard a great noise from his window, and that they saw a hand throw out a bloody razor ; these circumstances were laid hold of, and the murder was ascribed to the king and the duke, who happened that morning to pay a visit to the Tower. Essex was subject to fits of deep melancholy, and had been seized with one immediately upon his commitment ; he was accustomed to main- tain the lawfulness of suicide ; and his countess upon a strict inquiry, which was committed to tlio care of Dr. Burnet, found no reason to confirm the susjiicion : yet could not all these circumstaucs, joined to many Chap. LXIX.] CHARLES 11. 1600—1685 843 otliers, entirely remove the imputation. It is no wonder, tliat faction is so proihictive of vices of all kinds ; for, besides tliat it inflainos all tlie | assioiis, it tends much to remove those great restraints, lionour and shame, when men find, tliat no iniquity can lose them tlie applause of their own party, and no inno- cence secure tliem against the calumnies of the opposite. But though there is nu reason to think that Essex had been murdered hy any orders from court, it must be acknowledged that an unjustifiable use in Russel's triai was made of that incident. The king's counsel mentioned it in tjieir pleadings as a strong proof of the conspiracy ; aud it is said to liave had gi'eat weight with tlie jury. It was insisted on in Sidney's trial for the same purpose. STATE OF THE NATION. Some memorable causes, tried about this time, though they have no relation to tlic Rye-house con- spiracy, show the temper of the bench and of the juries. Oatcs was convicted of having called the duke a popish traitor ; was condemned in damages to the amount of one hundred thousand pounds ; and was adjudged to remain in prison till he should make pay- ment. A like sentence was passed upon Dutton-Colt for a like oflence. Sir Samuel Barnardiston was fined ten thousand pounds, because in some private letters which had been intercepted, he had refiected on the government. This gentleman was obno.xious, because he had been foreman of that jury which rejected the bill against Shaftesbury. A pretence was therefore fallen upon for punishing him ; though such a prece- dent may justly be deemed a very unusual act of severity, aud sufficient to destroy all confidence in private fi-iendship and correspondence. There is another remarkable trial, wliich shows the disposition of the courts of judicature, and which, though it passed in the ensuing year, it may not be im- proper to relate in this place. One Ros^ wel, a presby- terian preacher, was accused by three women of hav- ing spoken treasonable words in a sermon. They swore to two or three peiiods, and agreed so exactly together, that there was not the smallest variation in their depo- sitions. Rosewel, on the other hand, made a veiy good defence, lie proved, that the witnesses were lewd aud infamous persons; he proved, that even during Cromwell's usurpations, he had always been a royalist ; that he prayed constantly for the king and his family ; and that in his sermons he often inculcated the obli- gations of loyalty. And as to the sermon of which he was accused,. several witnesses, who heard it, and some who wrote it in short-hand, deposed, that he had used no such expressions as those which were imputed to him. He offered his own notes as a further proof. The women could not show, by any circumstance or witness, that they were at his meeting. And the ex- pressions, to which they deposed, weie so gross, that no man in his senses could be supposed to employ them before a mixed audience. It was also urged, that it appealed next to impossible for three women to remember so long a period upon one single hearing, and to remember it so exactly, as to agree to a tittle in their depositions with regard to it. The prisoner offered to put the whole upon this issue: he would pronounce, with his usual tone of voice, a period as long as that to which they had sworn ; and then let them try to repeat it, if they could. What was more unaccoimtable, they had forgotten even the text of his sermon ; nor did they remember any single passage, but the words to which they gave evidence. After so strong a defence, the solicitor-general thought not proper to make any reply : even Jeffries went no further than some general declamations against con- venticles and presbyterians : yet so violent were party prejudices, that the jury gave a verdict against the prisoner ; which however appeared so palpably unjust, that it was not carried into execution. The duke of Monmouth had absconded on the first discovery of the conspiracy ; and the court could get no intelligence of him. At length, Halifax, who began to apprehend the too great prevalence of the royal party, and who thouglit that Monmouth's in- terest would prove the best counterpoise to the duke's, discovered his retreat, and pievailed on him to write two letters to the king, full of the tenderest and most submissive expressions. The king's fondness was re- vived ; and he permitted Monmouth to come to court. He even endeavoured to mediate a reconciliation be- tween his son and his brother; and having promised Monmouth, that his testimony should never be em- ployed against any of his friends, he engaged him to give a full account of the plot. But, in order to put the country party to silence, he called next day an extraordinary council, and informed them, that Mon- mouth had showed great penitence for the share which he had had in the late conspiracy, and had expressed his resolutions never more to engage in such criminal enterprises. He went so far as to give orders, that a ])aragraph to the like purpose should be inserted in the Gazette. Monmouth kept silence till he had ob- tained his pardon in form ; but finding that, by taking this step, he was entirely disgraced with his party, and that even, though he should not be produced in court as an evidence, his testimony, being so publicly known, might have weight with juries on any future trial, he resolved at all liazards to retrieve his honour. His emissaries, therefore, received orders to deny that he had ever made any such confession as that which was imputed to him ; and the party exclaimed that the whole was an imposture of the court. The king, pro- voked at this conduct, banished Monmouth his pre- sence, and afterwards ordered him to dep.art the king- dom. The court was aware, that the malcontents in Eng- 1 aid had held a correspondence with those of Scot- land ; and that Baillie of Jerviswood, a nian of merit and learning, with two gentlemen of the name of Cainpbel, had come to London under pretence of negociating the settlement of the Scottish presby- terians in Carolina, but really with a view of concert- ing measures with the English conspirators. Baillie was sent prisoner to Edinburgh ; but as no evidence appeared against him, the council required him to swear that lie would answer all questions which should be propounded to him. He refused to submit to so iniquitous a condition ; and a fine of six thou- sand pounds was imposed upon him. At length, two persons, Speuce .and Carstares, being put to the torture, gave evidence whicli involved the earl of Tarras and some others, who, in order to save themselves, were reduced to accuse Baillie. He w.as brought to trial ; and being in so languishing a condition from the treat- ment which he had met with in prison, that it was feared he would not survive that night, he was ordered to be executed the very afternoon on which he re- ceived sentence. The severities exercised during this part of the present reign, were much contrary to the usual tenor of the king's conduct ; and though those who stu- died his character more narrowly have pronounced, that towards great offences he was rigid and inexora- ble, the nation were more inclined to ascribe every un- just or hard measure to the prevalence of the duke, into whose hands the king h.ad, from indolence, not from any ojiinion of his brother's superior capacity, resigned the reins of government. The crown indeed gained great advantage from the detection of the con- spiracy, and lost none by the rigorous execution of the conspirators : the horror entertiiined against the as- sa.ssination plot, whicli was generally confounded with the project for an insurrection, rendered the whole parly unpopular, and reconciled the nation to the mea- sures of the court. The most loyal addresses came from all parts ; and the doctrine of submission to the civil magistrate^ and even of an unlimited passive B44 TOR HISTORY OF ENGLAND. Chap. LXIX obedieiico, liccaiiie the reigning principle of the times. The universitv of Oxford p.issed a solemn decree, con- demning some doctrines which they termed republi- can, but wliicli indeed are, most of them, the only tenets on wliieii liberty and a limited constitution can be founded. Tlie faction of the cxclusionists, lately so numerous, powerful, and zealous, were at the lung's feet ; and were as much fallen in their spirit as in their ciedit with the nation. Nothing that had the le.ist appearance of opposition to the court, could be lieark- ened to by the public* 1684. The king endeavoured to increase liis pre- sent popularity by every art ; and knowing, that tlie suspicion of popery was of all others the most danger- ous, lie judged it proper to marry his niece, the lady Anne, to prince George, brother to the king of Den- mark. All the credit, however, and peisuasion of Halifax, could not engage him to call a parliament, or trust the nation with the election of a new representa- tive. Though his revenues were extremely burdened, he rather chose to struggle with the present difficul- ties, than try an experiment which, by raising afresh so many malignant humours, might prove dangerous to liis repose. The duke likewise zealously opposed this proposal, and even engaged the king in measures v'liich could have no tendency, but to render any ac- commodation with a parliament altogether impracti- rable. Williams, who had been speaker during tlie two last p.irlianients, was prosecuted for warrants, issued by him, in obedience to the orders of the house: a breach of privilege, which it seemed not likely any future house of commons would leave unquestioned, Panby and the popish lords, who had so long been confined in the Tower, and who saw no prospect of a trial in parliament, applied by petition, and were ad- mitted to bail ; a measure just in itself, but deemed a great encroachment on the privileges of that assembly. The duke, coutr.ary to law, was restored to the office of high-admiral, without taking the test. STATE OF FOREIGN AFFAIRS. Hail the least grain of jealousy or emulation been mixed in the king's chanictcr ; had he been actuated by that concern for his people's or even for his own honour, which his high station demanded, he would have hazarded many domestic inconveniences, rather than allow France to domineer in so haughty a manner as tli:it which at present she assumed in every negoci- atiou. The peace of Nimegnen, imposed by tlie Dutch on their unwilling allies, had disjointed the whole con- federacy ; and all the jiowers engaged in it had dis- banded their supernumerary troops, which they found it diificult to subsist. Louis alone still maintained a powerful army, and by his preparations, rendered him- self every day more formidable. He now acted as if he were the solo sovereign in Europe, and as if all other princes were soon to become his vassals. Courts or chambers were erected in Jletz and Brisac, for re- uniting sncli territories as had ever been members of any part of his new conquests. They made inquiry into titles buried in the most remote antiquity. They cited the neighbouring princes to appear before them, and issued decrees, expelling them the contested terri- tories. The important town of Strasbourg, an ancient and a free state, was seized by Louis : Alost was de- manded of the Sjiani.ards, on a frivolous, and even ridi- culous pretence ; and upon their refusal to yield it, Luxembourg was blockaded, and soon after taken, t Genoa had been bombarded, because the Genoese had stijiulated to build some galleys for the Sp.iniards ; and in order to avoid more severe treatment, that republic * III the mnnlli of November this year died prince Rupert, in the sixty- thirri ycfir of Iiis Afjc. lie had left his (Wn country so early, tiiat he Iiaii become an entire Knslisliman, and was even suspected, in liis latter days, of a bias to the rnuntrv party. He was for that reason much ncylected at court. Tttc chike of Laudeniaie died also this vtar. t It appears from sir John Dairymple's Appendix, tliat the kinp received from France a million of livres for his connivance at the seizure of Luxem- DOUTK. besi'lcs his ordinary pension was obliged to yield to the most mortifying conditioui;. The cmi)ire was insulted in its head and principal members; and used no other expedient for redress, than impotent complaints and remonstrances. Spain was so enraged at the insolent treatment whicli she met with, that, without considering her present weak condition, she declared w.ar against her haughty enemy : she hoped that the other powers of Europe, sensible of tlie common danger, would ily to her assist- ance. The prince of Orange, whose ruling ji.issioDs were love of war aiul animosity against France, se- conded everywhere the ajiplicatioiis of the Spaniards. In the year 16U1, he made a journey to England, in order to engage the king into closer measures with tli« confederates. 11" also proiiosed to the States to niako an augmentation of their forces; but several of the provinces and even the town of Amsterdam, had been gained by the French, and the proposal was rejected. The prince's enemies derived the most plausible rea- sons of their opposition from the situation of England, and the known and avowed attachments of the EnglisU m on. arch. No sooner had Charles dismissed his parliament, ami embraced the resolution of governing by prerogative alone, than he dropped his new alliance with Spain, and returned to his former dangerous connexions with Louis. This prince had even ofFercd to make hiui arbiter of Iiis differences with Sp.aiii ; and the latter power, sensible of Charles's partiality, had refused to submit to such a disadvantageous proposal. Whether any money was now remitted to England, we do not certainly know : but we may fairly ])resume, that the king's necessities were, in some degree, relieved by France.* And though Charles had reason to appre- hend the utmost danger from the great and still in- creasing n.aval power of that kingdom, joined to the weak condition of the English fleet, no consideration was able to rouse him from his present lethargy. It is here we are to fix the point of the highest exal- tation, which the power of Louis, or that of any Eu- ropean prince, since the age of Charlemagne, had ever attained. The monarch, most capable of opposing his progress, was entirely engaged in his interests; and the Turks, invited by the makuntents of Hungary, were preparing to invade the emperor, and to disable that ])rince from making head against the progress of the French power. Louis may even be accused of oversight, in not making sufficient advantage of such favourable opportunities, which he was never after- wards able to recall. But that monarch, though more governed by motives of ambition than by those of justice or moderation, was still more actuated by the suggestions of vanity. lie contented himself with insulting and domineering overall the princes and free states of Europe ; and he thereby provoked their re- sentment without subduing their power. While every one, who approached his person, and behaved with submission to his authority, was treated with the high- est politeness, all the neighbouring potentates had successively felt the effects of his haughty imperious disjiosltion. And by indulging his poets, orators, and courtiers, in their flatteries, and in their prognostica- tions of universal empire, he conveyed faster, than by the prospect of his power alone, the apprehension of general conquest and subjection. 1G85. The French greatness never, during his whole reign, inspired Charles with any apprehensions; and • The foUoiving passaj^ I9 an extract from M . Barillon s letters, kept in the Depot des Affaires (Jtrangeres at Versailles. It was lafclv communicated to the author uhilc in France. " Convention vcrhalc arretcc le 1 Avril, loHl. Charles II. s'enpape a nc rien omctlrc pour pouvoir fairc connoitrc a sa ina- jestt' qu elle a\oit raisoii de prcndie confiance en lui ; a se delayer pcu ^ pi-u de I'alliance avec I'E.pai^ne, et a se mettre en etat de ne point ctrc contrauit par son parlcment de faire quelque chose d'oppose aux nouveaux enga^emens qu'il prenoit. Fn consdiuence, le roi promet un suhsidc de lieiix millions I* preniieiedestroisannecsdecetengagenient.clSlHUKM tcuslisdeuxautres, s« contentant dc la parole de sa majesty Hritanniquc, d'agir fi i'epard de sa ma- jeste coiifornicnient aux obliuations qu'il lui avoit. Le St. Hyde demanda que le roi s'enBaaea a ne point attaquer les Pays Baset mOnieStraslKiurc, tcmou- nam que le roi son maitre ne poorroit s'cnipecher dc sccoui ir Ics I f.ys Uas. qujnd int-nie son parlemeiit ne seroit point assemblfc M. Ilanllon lui repiindit en lennes ftcneraux par ordre du roi, que sa majesfC n'avoit point intention de rompre la paix, et qu'il n eni!a«croit pas J» inajestt Uniannli|ue en cnoaM contrairci a la veritaliles int£ieu.'' Chap. LXIX.] CHARLES II. 1G60— 1685. 815 ClifForil, it is said, one of his most favoured ministers, went so far as to affirni, that it were better for the king to be viceioy under a great and generous monarch, than a slave to five hundred of his own insolent subjects. The ambition, tliereforo, and uncontrolled power of Louis were no diminution of Cliarles's happiness ; and in other respects his condition seemed at present more eligible tlian it liad ever been since liis restoration. A mighty faction which Iiad shaken liis tlirone, and me- naced his family, was totally subdued ; and by their precipitate indiscretion had exposed themselves both to the rigour of the laws and to public hatred. He had recovered his former popularity in the nation ; and, what probably pleased him more than having a compliant parliament, he was enabled to govern alto- getlier without one. But it is certain, that the king, amidst all these promising circumstances, was not luijipy or satisfied. Whether he found himself exposed to difficulties for want of money, or dreaded a recoil of the popular humour from tlie present arbitraiy measures, is uncertain. Perhaps the violent impni- dent temper of the duke, by pushing Charles upon dangerous attempts, gave him a])prehension and un- easiness. He was overheard one day to say, in ojipos- iiig some of the duke's hasty counsels, " Brother, I am too old to go again to my travels : you may, if you choose it." Whatever was the cause of the king's dis- satisfaction, it seems probable, that he was meditating some change of measures, and had formed a new plan of administration. lie was determined, it is thought, to send the duke to Scotland, to recall Monmouth, to summon a parliament, to dismiss all his unpopular mi- nisters, and to throw himself entirely on the good-will and aftectious of his subjects." KING'S SICKNESS AND DEATH. February 6. Amidst these truly wise and virtuous designs, he was seized with asudden fit, which resembled an apoplexy ; and though he was recovered from it by bleeding, he languished only a few days, and then expired, in the fifty-fifth year of his age, and twenty-fifth of his reign. He was so happy in a good constitution of body, and liad ever been so remarkably careful of his healtli, that liis death struck as great a surprise into his subjects, as if he had been in the flower of his youth. And their great concern for him, owing to their affection for his person, as well as their dread of his sucues-sor, very n-irrowly, when joined to the critical time of his death, begat the suspicion of poison. All circum- stances liowever considered, the suspicion must be allowed to vanish ; like many others, of which all his- tories are full. During the few days of the king's illness, clergymen of the church of England attended him ; but ho dis- covered a total indift'erence towards their devotions and exhortations. Catliolic priests were brought, and he received tlie sacrament from them, accompanied with the other rites of the Romish church. Two pajiers were found in his cabinet, written with his own hand, and containing arguments in fiivour of that com- munion. The duke had the imprudence immediatelv to publish these papers, and thereby both confirmed all the reproaches of those who had been the greatest enemies to his brother's measures, and afforded to the world a specimen of his own bigotry. CHARACTER OF THE KING. If we survey the character of Charles II. in the dif- ferent lights w hich it will admit of, it will appear vari- ous, and give rise to different and even opposite senti- ments. When considered as a companion, he appears the most amiable .and engaging of men ; and, indeed, in this view, his deportment must be allowed alto- gether unexceptionable. His love of raillery was so • Kinff James's ^temoira confirm this rumour, ts also D'Ar&ux's N«RKi. ationi, Uocmbu U.IUH. tempered with good breeding, that it was never offen- sive ; his propensity to satire was so checked with dis- cretion, that his friends never dreaded their becoming the object of it : his wit, to use the expression of one who knew him well, and who was himselfa good judge, could not bo said so much to bo very refined or ele- vated, qualities apt to beget jealousy and apprehension in company, as to be a plain, gaining, well-bred, re- commending kind of wit. And though, perhaps, he talked more than strict rules of behaviour might per- mit, men were so pleased with the aft'able, communi- cative deportment of the monarch, that they always went away contented both with him and with them- selves. This, indeed, is the most shining part of the king's character ; and he seems to have been sensible of it; for he was fond of dropjiing the fonuality of state, and of relapsing every moment iuto the com- panion. In the duties of pi-ivate life, his conduct, though not free from exception, was, in the main, laudable. lie was an easy, generous lover, a civil, obliging husband, a friendly brother, an indulgent father, and a good- natured master. The voluntary friendships, however, which this prince contracted, nay, even his sense of gratitude, were feeble; and he never attached himself to any of his ministers or courtiers with a sincere af- fection, lie believed them to have no motive in serv- ing him but self-interest ; and he was still ready, in his turn, to sacrifice them to present ease or convenience. M ith a detail of his private character we must set bounds to our panegyric on Charles. The other paits of his conduct may admit of some apology, but can de- serve small applause. He wa.s, indeed, so much fitted for private life, preferably to public, that he even pos- sessed order, frugality, and economy in the fonner; was profuse, thoughtless, and negligent in the latter. When we consider him as a sovereign, his character, though not altogether destitute of virtue, was in the main dangerous to his people, and dishonourable to himself. Negligent of the interests of the nation, careless of its glory, averse to its religion, jealous of its liberty, lavish of its treasure, sparing only of its blood ; he exposed it by his measures, though he ever appeared but in sport, to the danger of a furious civil war, and even to the ruin and ignominy of a foreign conquest. Yet may all these enormities, if fairly and candidly examined, be imputed, in a great measure, to the indolence of his temper; a fault which, however mifortunate in a mouarch, it is impossible for us to re- gard with great severity. It has been remarked of Charles, that he never said a foolish thing, nor ever did a wise one: a censure which, though too far carried, seems to have some foundation in his character and deportment. When the king was informed of this saying, he observed, that the matter was easily accounted for; for that his discourse w.os his own, his actions were the mi- nistry's. If we reflect on the appetite for power, inherent in human nature, and add to it the king's education in foreign countries, and among the cavaliers, a party w hich would naturally exaggerate the bite usurpations of popular assemblies upon the rights of monarchy; it is not surprising that civil liberty should not find in him a very zealous patron. Harassed with domestic faction, weary of calumnies and complaints, oppressed withdebts,straitenedin his revenue, he sought, though with feeble efforts, for a form of government more simple in its structure and more easy in its manage- ment. But his attachment to France, after all the pains which we have taken, by inquiry and conjecture, to fathom it, contains still something, it must be con- fessed, mysterious and inexplicable. The hopes of ren- dering himself absolute by Louis's assistance seems so chimerical, that they could scarcely be retained with such obstinacy by a prince of Charles's penetration; and as to pecuni.iry subsidies, he surely spent m\ich greater sums in one season, during the second Dutch 84() THE HISTORY OF ENGLAND. [CHAt^ LXX. war, thnn were remitted b\m from Franco during the whole course of his rc-isn. I am ajit therefore to ima- gine, tliat Charles was in this particular guidc^d chiefly by inclination, and hy a preiiosscssion in favour of ihe French nation. He considered that people as gay, sprightly, polite, fle;;aut, courteous, devoted to their prince, and attached to the catholic faith ; and fur tliesc reasons he cordially loved them. The opposite cha- racter of the Dutch had rendered them the objects of his aver.sion ; and even the uncourtly hum.ours of the Knglisli made him very indifferent towards them. Our notions of interest are much warped by our affections; and it is not altogether without example, that a man may be guided by national prejudices, who has ever been little- biassed by private and personal friendship. The cUiracter of this pi-ince has been elaborately drawn by two great masters, perfectly well acrpiainted with him, the duke of Buckingham and the marquis of Halifax ; not to mention several elegant strokes given by sir William Temple. Dr. Welwood likewise, and bishop Burnet have employed their pencil on the same subject ; but the former is somewhat partial in his fa- vour; as the latter is by far too harsh and malignant. Instead of finding an exact parallel between Charles II. and the emperor Tiboiius, as asserted by that prelate, it would be more just to remark a full contrast and op- position. The emperor seems as much to have sur- passed the king in abilities, as lie falls .short of hiiu in virtue. Provident, wise, active, jealous, malignant, dark, sullen, unsociable, reserved, cruel, unrelenting, unforgiving ; these are the lights under which the Ro- man tyr.ant has been transmitted to us. And the only circumstance in wliich it can justly be pretended he was similar to Charles, is his love of women, a passion which is too general to form any striking resemblance, and which that detestable and detested monster shared also with unnatural appetites. CHAPTER LXX. JAMES II. King's flrst Transactions A Parliament ArKuntients fcr and against a Keveniie for Life Oatfs convicted of I'erjury .\!ail!.in'.ent, Outes had been tried for perjury on two iiidiilmiU. O.ae for de- posing that he was present at a ciwisult of Jesuits in Loudon the twenty-fourth of April, 1G79 : another fjr deposing that father Ireland w.as in London between the eighth and twelfth of August, and in the bi'j,in» ning of September in the same year. Never criminal was convicted on fuller and more undoubted evidence. Two and twenty persons, who had been students al Saint Omers, most of them men of credit and lauiily, gave evidence, that Gates had entered info that tetni- iiary about Christmas in the year 1G78, and had never been absent one night till the month of July follow, ing. Forty-seven witnesses, persons also of untainted cluaracfer, deposed that father Ireland, on the .3rd of August, 1G70, had gone to Staffordshire, where he re- sided till the middle of September; and, what some years before would have been regarded as a very mate. rial circumstance, nine of these witnesses were protest- ants, of the church of Engl.and. Gates's sentence w.as, to be fined a thousand m.arks on each indictment, to be whipped on two different days from Aldgafe to Newgate, and from Newgate to Tyburn, to be impri- soned during life, and to be pilloried five times exeyy year. The impudence of the man supported itself under the conviction, and his courage under the pu- nishment, lie made solemn appeals to Heaven, and protestations of the veracity of liis testimony : though the whipping was so cruel, that it w.as evidently the intention of the court to put him to death by that punishment, he w.as enabled, by the care of liis friends, to recover : and he lived to king Willhani's reign ; when a pension of four hundred pounds a year was settled on him. A considerable number still adhered to him in his distresses, and regarded him as the martyr of the protestaut cause. The populace were affected with the sight of a punishment, more severe than is commonly inflicted in England. And the sen- tence of perpetual hnprisoumcnt was deemed illegal. The convicticn of Gates's perjury was taken notice of by the house of peers. Besides freeing the popish lords, Powis, Arundel, Bellasis, and Tyrone, together with Danby, from the former imjieachment by the commons, they went so far as to vote a reversal of Stafford's attainder, on account of the fiilsehood of that evidence on which he had been condemned. This bill fixed so deep a reproach on the former proceedings of the exclusionists, that it met w ith great opposition among the lords ; and it was at* last, after one read- ing, dropped by the commons. Though the reparation of injustice be the second honour which a nation can attain ; the present emergence seemed very impiojier for granting so full a justification to the catliolics, and throwing so foul a stain on the protestants. JIONMOUTH'S INVASION. The course of parliamentary proceedings was inter- rupted by the news of Slonmouth's .arrival in the west with three ships from Holland. No sooner w,as this infcllif'enee conveyed to the parliament, than they voted that tliey would adhere to his maji^sty with tlieir lives and fortunes. They passed a bill of attainder against Monmouth; .and they granted a supply of four hundred thousand pounds for suppressing his rebel- lion. Having thus r.trengthened the hiinds of the king, they adjourned lliemsclves. iNlonmouth, wlicu ordered to depart the kingdom, during the late reign, had retired to Holland; and as v. f c < f LONC N JAMeS S.VLRTl'K Chap. LXX ] JAMES II. 1GS.3-I6»8. 84b it was wpll known tliat lie still cnjoyeJ tlie favonr of Ms iiuliiljjcnt futlior, all marks of liononr and dis- tinction were bestowed upon him by the prince of Orani'P. Aftor the accession of James, the prince thonfflit it necessary to dismiss Monmouth and all his followers ; and that ilhistrions fui;itive retired to Prussels. Finiling himself still pursued liy the king's scvpritv, lie was jjushed, contrary to his judgment as well as incHnation, to make a lasli and premature attempt upon England. lie saw that James had lately mounted the throne, not only without oppo- sition, but seemingly with the good will and affections of his subjects. A parliament was sitting, whicli dis- covered the greatest disposition to comply with tlie king, and whose adherence, he knew, would give a stmction and authority to al! public measures. The grievances of this reign were hitherto of small import- ance; and tlie i>eopIe were not as j'et in a disposition to remarlc them with great severity. All these consi- dciations occurred to Monmouth ; but such was the impatience of his followers, and sucli the precipitate humour of Argyle, who set out for Scotland a little be- fore him, that no reasons could bo attended to : and this iinhaj)pv man was driven upon his fate. The impnidence. however, of this enterprise did not at first apjiear. Though on his lauding at Lime in lloi-iotshire (11th .Tune) h^' had scarcely a hundred followers; so popular was his name, that in four days he had assembled above two thousand horse and foot. They were, indeed, almost all of them the lowest of the people ; and t!ie declaration which he published, was chiefly calculated to suit the prejudices of the vulgar, or the most bigoted of the whig party. He called the king duke of York ; and denominated him a, traitor, a tyrant, an assassin, and a popisli usurper. He imputed to him the fire of London, the muider of Godfrey and of Essex, nay, the poisoning of the late king \nd he invited all the people to join in oppo- sition to liis tyranny. The duke of Albemarle, son to him who liad re- stored tlie royal family, assembled the militia of De- vonshire to the number of 4000 men, and took jiost at A.Kuiinster, in order to oppose the rebels ; but ob- serving that his troops bore a great affection to Mon- mouth, he thought proper to retire. Slonmouth, thouu'li he had formerly given many proofs of personal courage, had not the vigour of mind requisite for an undertaking of this nature. From an ill-grounded ditfidence of his men, he neglected to attack Albe- marle ; an easy enterprise, by which he might both have acipiired credit, and have supplied himself with arms. Lord Grey, who commanded his horse, disco- vered himself to be a notorious coward ; yet such was the softness of Jlonmouth's nature, that Gray was still continued in his command. Fletcher, of Salton, a Scotclinian, a man of signal probity and line genius, had been engaged by bis republican principles in tliis enterprise, and commanded the cavalry together with Gray : but being insulted by one who had newly joined the arinv, and whose horse he had in a hurry made use of, he was prompted by passion, to which he was much subject, to discharge a pistol at the man; ami he killeil him on the spot. This incident obliged him immediately to leave the camp ; and the loss of 80 gallant an officer was a great prejudice to Mon- mouth's enterprise. The next station of the rebels was Taunton, a dis- affected town, which gladly and even fondly received them, and re-enforced tliem with considerable miiubers. Twenty yoirng maids of some rank presented Mon- mouth with a pair of coloui-s of their handiwork, to- gether with a copy of the Biljle. jronmouth was here persuaded to take u|ion him the title of king, and as- sert the legitimacy ot^ his birth ; a claim which he ad- vanced in his first declaration, but whose discussion Le was determined, he then said, during some time to postpone. His niuubers had now increased to six thousand ; and he was obliged every dav, for want of Vol. 1. arms, to dismiss a great many who crowded to his standard. He entered liridgewater, Wells, Froine ; and was proclaimed in all these places; but forgottine that such desperate enterprises can only be rendered successful by the most adventurous courage, he ol- lowed the expectations of the people to languish, with- out attemjiting any considerable undertaking. While -Monmouth, by his imprudent and misplaced caution, was tlius wasting time in the west, the kiiij; employed himself in making preparations to oppose him. Six regiments of British troops were called over from Holland : the army was considerably augmenteds and regular forces, to tlie number of 3000 men, were dispatclied, under the command of Feversham aad Cliuruhill, in order to clieck the progress of the rebels. MONMOUTH DEFEATED. July 5. Monmouth, observing that no considerable men joined him, finding that an insurrection, which was projected in the city, had not taken place, and hear- ing that Argyle, his confederate, was already de- feated, and taken; sunk into such despondency, that he had once resolved to withdraw himself, and leave his unhappy followers to their fate. His followers f>s- pressed more courage titan tlieir leader, and seemed determined to adhere to him in every fortune. The negligent disposition, made by Feversham, invited Monmouth to attack the king's army at Sedgemoor near Bridgewater; and his men in this action showed what a native courage and a principle of duty, evaa when unassisted by discipline, is able to perforin. Tliey threw the veteran forces into disorder; drove them from their ground ; continued the fight till tlieir ammunition failed them; and would at last have ob- tained a victory, had not the misconduct of Monmouth and the cowardice of Gray prevented it. After a combat of three hours the rebels gave way ; anJ were followed with great slaughter. About 1500 fell in the battle and pursuit. And thus was conclnded in a few weeks this enterprise, rashly undertaken, and feebly conducted. EXECUTION OF MONMOUTH. Ju/;/ 15. Sfonmouth fled from the field of battle above twenty miles, till his horse sunk under him. He then ehangiul clothes with a peasant in order to conceal himself. The peasant was discovered by the pursuers, w ho now redoubled the diligence of their search. At last, the unhappy Monmouth was found lying in the bottom of a ditch, and covered with fern : his body depressed uith fatigue and hunger; his mind by the memorv of jiast misfortunes, by the prospect of future disaster,s. Human nature is unequal to such calamitous situa- tions ; much more, the temper of a man, softened by early prosperity, and accustomed to value himself solely on military bravery. He burst into tears when seized by his enemies ; and he seemed still to indulge the fond hope and desire of life. Though he might have known, from the greatness of his own offences, and the severity of James's temper, that no mercy could be expe<-ted, be wrote him the most submis.sivo letters, and conjured him to spare the issue of a brother, who had ever been so strongly attached to his interest. James, finding such symptoms of de- pression and despondency in tlie unhappy prisoner, ailmitted him to bis presence, in hopes of extorting a discovery of tiis accomplices : but Monmouth would not purchase life, however loved, at the price of so much infamy. Finding all efforts vain, he assumed courage from despair; and prepared himself for deatli, with a spirit better suited to his rank and character. This favourite of the people was attended to tha scaffold with a plentiful effusion of teais. He warned the executioner not to ftiU into the error which he had committed in beheadug Kussel, where it liad been 5Q b6U THE HISTORY OF ENGLAXD. [t'H,!,'. LXX. necessary to repeat tlio Ijlow. Tl}is pncautioii served only to dismay the executioner. He struck a feeble blow on Moiinioutli, wlio raised liis head from the block, and looked him in the face, as if reproaching him for his failure. lie jiently laid down his head a second time ; and the executioner struck hiin again aiul a"ain to no purpose, lie then threw aside the axe, and cried out that he was incapable of finishing the bloody office. The sheriiF obliged him to renew the attempt ; and at two blows more the head was se- vered from the body. Thus perished, in the thirty-sixth year of his age, a nobleman, who, in less turbulent times, was well quali- fied to be an ornament of the court, even to be ser- viceal)le to his country. The favour of his prince, the caresses of faction, and the allurements of popularity, seduced liim into enterprises which exceeded his ca- pacity. The good will of the people still followed him .n every fortune. Even after his execution, their foud credulity flattered them with hopes of seeing him once more at their head. They believed that the person executed was not Monmouth, but one who, having the fortune to resemble him nearly, was willing to give this proof of his extreme attachment, and to suffer death in his stead. This victory, obtained by the king in the commence- ment of his reign, would naturally, had it been ma- naged with prudence, have tended much to increase his power and authority. But by reason of the cruelty with which it was prosecuted, and of the temerity with which it afterwards inspired him, it was a principal cause of his sudden ruin and downfal. Such arbitrary principles had the court instilled into all its servants, that Feversliam, immediately after the victory, hanged above twenty prisoiu'rs ; and was proceeding in his executions, when the bishop of Bath and Wells warned him that these unhappy men were now by law entitled to a trial, and that their execution would be deemed a real murder. This re- monstrance, however, did not stop the savage nature of colonel Kirke, a soldier of fortune, who had long served at Tangiers, and had contracted, from his in- tercourse with the Moors, an inhumanity less known in European and in free countries. At his first entry into Bridgewater, he hanged nineteen prisoners, with- out the least inquiry into the merits of their cause. As if to make sport with death, he ordered a certain n\imber to be executed, while he and his company should drink the king's health, or the queen's, or that of chief-justice Jeffries. Observing their feet to quiver in the agonies of death, he cried that he would give them music to their dancing, and he immediately commanded the drums to beat and the trumpets to sound. By way of experiment, he ordered one man to be liung up three times, questioning him at each in- terval, wliether he repented of his criiue : but the man obstinately asserting, that notwithstanding the past, he still would willingly engage in the same cause, Kirke ordered him to be hung in chains. One story, commonly told of him, is memorable for the treachery, as well as barbarity, which attended it. A young maid pleaded for the life of her brother, and flung herself at Kirke's feet, armed with all the charms which beanty and innocence, bathed in te.ars, could bestow upon her. The tyrant was inflamed with desire, not softened into love or clemency. He promised to grant her request, provided that she, in her turn, would be equally compliant to liim. The maid yielded to the conditions : but, after she had passed the niglit with him, the w.anton sav.age, ne.xt morning, showed her from the window, her brother, the darling object for whom she had sacrificed her virtue, hanging on a gibbet, which he had secretly ordered to be there erected for the execution. Rage and despair and indignation took possession of her raiud, and deprived her for ever of her senses. All the inhabitants of that country, innocent as well as guilty, were exposed to the ravages of this barba- rian. The soldiery were let loose to live at free quo..'- ters : and his ou>i regiment, instructed by his ex- ample, and encouraged by his exhortations, distii^- guislied thomselves in .a particular manner by their outrages. By way of pleas^intry he uses than two hundred and ninety-two received sentence at Dorchester. Of these eighty weie executed. Exeter was the next st;ige of his cruelty; two hundred and foity-three were there tried, of whom a great number were condemned autl executed. He also opened his commission at Taunton and Wells; and everywheie carried consternation along with him. The juries were so struck with his menaces, that they gave their ver- dict with precipitation ; and many innocent jjersons. it is said, were involved with the guilty. And on the whole, besides those who were butchered by the mili- tary commanders, two hundred and fifty-one are com- puted to have fallen by the hand of justice. The whole country was strewed with the heads and limbs of traitors. Every village almost beheld the dead carcase of a wretched inhabitant. And all the rigours of jus- tice, unabated by any appearance of clemency, were fully displ.ayed to the people by the inhuman Jeffries. Of all the executions during this dismal period, tlie most remarkable were those of Mrs. Gaunt and lady Lisle, who had been accused of harbouring traitors. Mrs. Gaunt was an anabaptist, noted for her benefi- cence, which she extended to persons of all professions and persuasions. One of the rebels, knowing her hu- mane disposition, bad recourse to her in his distres.s, and was concealed by her. Hearing of the proclama- tion, which offered an indemnity and rewards to such as discovered criminals, he betrayed his benefactress, and bore evidence against her. He received a pardon as a recompense for his treachery ; she was burned alive for her charity. Lady Lisle was widow of one of the regicides who had enjoyed great favour and authority under Crom- well, and who having fled, after the Kestoi'aiiou, to Lauzanne in Switzerland, w.as there assassinated by three Irish ruffians, who hoped to make their fortune by this piece of service. His widow was now prose- cuted for harbouring two rebels the day after the battle of Sedgemoor ; and Jeffries pushed on the trial with an unrelenting violence. Jn vain did the aged pri- soner plead, that these criminals had been put inti> no proclamation; had been convicted by no verdict; nor could any man be denominated a traitor, till the sen- tence of some legal court was passed upon him : that it appeared not by any proof, that she was so much as acquainted with the guilt of the persons, or liad heard of their joining the rebellion of Monmouth : tiiat though she might be obnoxious on account of her family, it was well known, that her heart was ever loyal, and that no person in England had shed more tears for that tragical event, in which her husband had unfor- tunately borne too great a share : and that the same [uinciples, which she herself had ever embraced, she had earefidly instilled into her son, and had, at tiiat very time, sent him to fight against those rebels, whom she was now accused of harbotiring. Though these a-gu- meuts did not move Jeflfries, they had influence oo Chap LXX.] JAMES II. 1CS5-1688. Col the jury. Twice they seemed inclined to bring in a favoiiraljle verdict: tlipy were as often sent back witli menaces and reproaclies : and at last were constrained to give sentence against tlie prisoner. Notwithstand- ing all applications for pardon, the cruel sentence was executed. The king said, that he had given .leifries a promise not to pardon her : an excuse which could serve only to aggravate the blame against himself. It might have been hoped, that, by all these bloody executions, a rebellion, so precipitate, so ill supported, and of such short duration, would have been suffi- ciently exjiiated : but nothing could satiate the spirit of rigour which possessed the administration. Even those multitudes, who received ji.irdon, were obliged to atone for their guilt by fines, which reduced them to beggary ; or wh re their former poverty made them incapable of paying, they were condemned to cruel whippings or severe imprisonments. Nor could tlie innocent escape the hands, no less rapacious than cruel, of the chief-justice. Prideaux, a gentleman of Devon- shire, being thrown into prison, and dreading the severe and arbitrary spirit, which at that time met with no control, was obliged to buy his liberty of Jeffries at the price of fifteen thousand pounds; though he could never so much as learn the crime of which he was accused. Goodenough, the seditions under-sheriff of London, who had been engaged in the most bloody and des- perate part of the Rye-house conspiracy, was taken prisoner after the battle of Sedgemoor, and resolved to save his own life by an accusation of Cornish, the sheriff, whom he knew to be extremely obnoxious to tlie court. Colonel Rumsey joined him in the accusa- tion ; and the prosecution was so hastened, that the prisoner was tried, condemned, and executed in the space of a week. The perjury of the witnesses ap- peared immediately after ; and the king seemed to regret the execution of Cornish. He granted his estate to his family, and condemned the witnesses to per- petual imprisonment. The injustice of this sentence against Cornish, wa-s not wanted to disgust the nation with the conrt : the continued rigour of the other executions had already impressed an universal hatred against the ministers of justice, attended with comp.ission for the UTihappy sufferers, who, as they had been seduced into this »rime, by mistaken principles, bore their punishment with the spirit and zeal of nuirtys. The people might have been willing on this occasion to distinguish be- tween the king and his ministers: but care was taken to prove, that the latter had done nothing but n hat was agreeable to their master. .Jeffries, on his return, was immediately, for those eminent services, created a peer; and was soon .after vested with the dignity of chancel- lor. It is pretended, however, with some appearance of authority, that the king was displciised with these ci'uelties, and put a stop to them by orders, .as soon as projier information of them was conveyed to him. STATE OF AFFAIRS IN SCOTLAND. We must now take a view of the state of affairs in Scotland ; where the fate of Argyle had been decided before that of Monmouth. Immediately after the king's accession, a parliament had been summoned at Edinburgh ; and all affairs there were conducted by the duke of Queensberry, the commissioner, and the earl *)f Perth, chancellor. The former had resolved to mal{e an entire surrename sjurit. They declared it tre;uson for any person to refuse the test, if tendered by the council. To de- fend the obligation of the covenant, subjected a person to the same penalty. To be jiresent at any conventicle, was made punisluible with death and confiscation of moveables. Even such as refused to give testimony, either in cases of treason or nonconformity, were de- clared equally punishable as if guilty of those very crimes — an excellent prelude to all the rigours of an inquisition. It must be confessed, that nothing could equal the abject servility of the Scottish nation during this period, but the arbitrary severity of the adminis- tration. ARGYLES INVASION. It was in vain that Argyle summoned a people, so lost to all sense of liberty, so degraded by repeated indignities, to rise in vindication of their violated laws and privileges. Even those who declared for him, were, for the greater part, his own vassals; men who, if possible, were still more sunk in slavery than the rest of the nation. He an-ived, after a prosperous voyage, in Argyleshire, attended by some fugitives from Holland ; among the rest, by sir Patrick Hume, a man of mild dispositions, who had been driven to this extremity by a continued train of oppression. The privy-council was beforehand apprized of Argyle's in- tentions. The whole militia of the kingdom, to the number of twenty-two thou.s.and men, were already in arms; and a third part of them, with the regiil.ar forces, were on their march to opjiose him. All the considerable gentry of his clan were thrown into pri- son. And two ships of war were on the coast to natch his motions. Under all these discouragements he vet made a shift, partly from tenor, partly from aflection, to collect arid arm a body of about two thou.sand five hundred men ; but soon found him.self surrounded on .all siiies with insuperable difficulties His arms and ammunition were seized : his provisions cut off; the marquis of Athole pressed him on one side ; lord Charles Murray on another; the duke of Gordon hung upon his rear; the earl of Dnub.arton met him in front. His followers daily fell off fiom him ; but Argyle, reso- lute to persevere, broke at last with the shattered re- mains of his troops into the dis,affected part of the low countries, which he had endeavotired to allure to him by declarations for the covenant. No one showed either courage or inclination to join him ; and his snuill and still decreasing army, after wandering about for a little time, was at last defeated and dissipated without an eneuiy. Argyle himself was seized and carried to Edinburgh ; where, after enduring many indignities with a gallant spirit, he was publicly executed. He suffered on the former unjust sentence which had been passed upon him. The rest of his followers either escaped or were punished by transportation : Rnmbold ' and Ayloffe, two Englishmen, who liad attended Argyle on this expedition, were executed. A PARLIAMENT. November 9. The king was so elated with this continued tide oi prosperity, that he began to niulervalne evin an Kng- li.sh parliament, at all times formidable to his familv j S.i2 THK HISTORY OF ENGLAND. [Chap. LXX and from liis speecli to tli.at assoniUy, wliicli lie liail asseii-blod early in the winter, lie seems to liave tl'Oiifjlit himself' oxoii)|)teil from all rules of iinidenco, or necessity of dissimulation. lie plainly told the two i.onses, that the militia, which had formerly been so iiuich maifiiified, was now fonnd, by experience in the last lebellion, to be altogether useless ; and he required n new siipjily, in order to maintain those additional forces which lie had levied. He also took notice, that he had employed a great many catholic otiicers, and that he had, in their favour, dispensed with the law reij.iiring the test to be taken by every one that pos- eessvd any public ofHce. And, to cut short all ojiposi- tinn, he declared, that, having reaped the bcneiit of t'leir service during such times of danger, he was de- termined, neither to expose them afterwards to dis- grace, nor himself, in case of another rebellion, to the want of their assistance. Such violent aversion did this parliament bear to opposition ; so great dread h.ad been instilled of the consequences attending any treach with the king; that it is probable, had he used his dispensing power V'ithout declaring it, no inquiries would have been made, and time might have reconciled the nation to tins dangerous exercise of prerogative. But to invade at once their constitution, to threaten their religion, to est.ablisli a standing army, and even to require them, by their concurrence, to contribute towards all these mea- sures, exceeded the bounds of their patience ; and they began, lor the first time, to display some small remains of English spirit and generosity. When the king's Spe°ch w.as taken into consideration by the commons, i!>any severe reflections were thrown out against the present measures; and the house was with seeming difficulty engaged to promise, in .a general vote, that they would grant some supply. But instead of fiuish- iug that business, which could alone render them .ac- ceptable to the king, they proceeded to examine the dispensing- power; and they voted an .address to the liing against it. Before this address was presented, they resumed the consideration of the sup])ly; and 'as one million two hundred thousand pounds were de- m.anded by the court, and two hundred thousand pro- posed by the country party, a middle course was chosen ; and seven hundred thousand, after some dis- pute, were at last voted. The address against the dis- pensing power w.as expressed in most respectful and submissive terms: yet it w.as very ill received b)' the king, and his answer contained a flat denial, uttered with great warmth and vehemence. The commons were so daunted with this rei)ly, that they kept silence a ton/3f time ; and when Coke, member for Derby, rose up and said, "I hope we are all Englishmen, and not 1.0 be frighleued with a few hard words ;" so little spirit appeared in that .assembly, often so refractory and mu- tinous, that they sent him to the Tower for bluntly ex- jiressing a free and generous sentiment. They ad- journed, without fixing a day for the consideration of bis majesty's answer ; and on their ne.xt meeting, they submissively proceeded to the consideration of the supply, and even went so far as to establish funds for paying the sum voted in nine years and a half. The king, therefore, had in effect, almost without contest or ■violence, obtained a complete victory over tlie com- mons ; and that assembly, instead of guarding their liberties, now exposed to manifest peril, conferred an .'■.d'litional revenue on the crown; and by rendering the king in some degree independent, contributed to iiicrease those dangers with which they had so much reason to bo alarmed. The next opposition came from the lionsc of peers, which h.as not commonly taken tlie lead en these occa- sions ; and even from the bench of bishops, where the court usually expects the greatest complaisance and submission. The tqiper house had been brought, in the first days of the session, to give general thanks for the king's speech ; by wliich compliment they wero under- stood, according to the practice of that time, to have acquiesced in every part of it : yet notwithstanding that stcj), Comptou, bishop of London, in his own name and that of his hretliren, nmved that a day should be appointed for taking the speech into consideration : he was seconded by Halifax, Xottinghani, and Mordaunt. Jeft'iies, the chancellor, opposed the motion ; and seemed inclined to use in that house the same arro- gance to which on the bench he had so long been ac- customed. But he was soon taught to know his jilace, and he proved, by his beh.avioni', that insolence, when checked, naturally sinks into meanness and cowardice. The bishop of London's motion j)revailed. The king might reasonably have presumed, that even if the peers should so far resume courage as to make an application ag.ainst his dispensing power, the same steady answer which he had given to the commons would make them relapse into the same timidity ; and he might by that means have obtained a considerable su])ply, without making any concessions in return. But so imperious was his temper, so lofty the idea which he had entertained of his o«'n authority, and so violent the schemes suggested by his own bigotry and that of his priests, that, without any delay, without waiting for any further provocation, he immediately proceeded to a prorogation. He continued the jiarliament during a year and a half by four more jirorogations ; but having in vain tried, by separate applications, to break the ob- stinacy of the leading members, heat last dissolved that assembly. And .as it was plainly impossible for him to find among his jn-otestaut subjects a set of men more devoted to royal authority, it was universally con- cluded, that he intended thenceforth to govern entirely without parliaments. Never king luounted the throne of England with greater advantages than James ; nay, possessed greater facility, if that were any advantage, of rendering him- self and his posterity absolute: but all these fortunate circumstances tended only, by his own misconduct, to bring more sudden ruin upon him. The nation seemed disposed of themselves to resign their liberties, had he not, at the .same time, made an attempt upon their re- ligion : and he might even have succeeded in surmount- ing .at once their liberties and religion, had he con- ducted his schemes with common prudence and discre- tion. Openly to declare to the parliament, so early in his reign, his intention to dispense with the tests, struck an universal alarm throughout the nation ; in- fused terror into the church, which had hitherto been tlie chief support of monarchy ; and even disgusted the army, by whose means alone he could now ]>ur- pose to govern. The former horror .against popery was revived by polemical books and sermons ; and in every dispute the victory seemed to be gained by the ]U-o- testant divines, who were heard with more fa^■Ollrable ears, and who managed the controversy with more learning ami eloqutuce. But another incident hap- pened at this time, which tended mightily to excite the animosity of the nation agninst the catholic communion. Louis XIV. having long harassed .and molested the protestants,at last revoked entirely thc> edict of Nantz; which h.ad been en.acted by Hairy IV. for securing them the free exercise of their religion ; which had been declared irrevocable ; and which, during the ex- perience of near a century^, had been attended with no sensible inconvenience. All the iniquities inseparable from persecution were exercised against those unhappy religionists; who became obstinate in jiroportion to the oppressions which they suft'eied, and either covered under a feigned conversion a more violent abhorrence of the catholic communion, or sought .anmng foreign nations for that liberty of whicli they were bereaved in their native country. Above half a million of the most useful and industrious subjects deserted Krance ; and exported, together with immense sums of money, those arts and manufactures which had chitily tended to enrich that kingdom. Tliey propagated everywhere the most tragical accounts of tic tyiaiiuy exercised Chap. LXX.] JAMES ir. 1685-1688. &.V.i against tliem, and revived among the protestants all tliat resentment against the bloody and persecuting epiiit of popery, to whieli so many incidents in all ages had given too much foundation. Near fifty thousand refugees passed over into England ; and alt men were dispiiscd, from their representations, to entertain the utmost horror against the p; ojects wliich they appre- liended to be formed by the hing for the .nhotition of the protestant I'clii^ion. AVlien a prince of so much lunuanitv, and of such signal prudence as Louis, could b ■ engaged, by the bigotry of his religion alone, with- out any j)rovocation, to embrace such sanguinary and inipolitic measures, what might not be dreaded, they asked, from James, who was so much inferior in these virtues, and who had already been irritated by sucli obstinate and violent opposition? In vain did the Uing affect to throw the higliest blame on the persecu- tions in France: in vain did he afford the most real protection and assistance to the distressed hngonots. All these symptoms of toleration were regarded as in- sidious ; opposite to the avowed principles of his sect, and belied by the severe administration which lie himself had e.\ercised against the nonconformists in Scotland. ]tiSG. Tiic smallest approach towards tlie introduc- tion oi po])ery, must, in the present disposition of the people, have allbided reason of jealousy ; much more no wide a step as tliat of dispensing with the tests, the sole security which the nation, being disappointed of the exclusion bill, found provided against those dreaded innovations'. Yet was the king resolute to persevere in his purpose; and liaving failed in bringing over the parliament, he made an attempt, with more success, for establishing his dis|iensing power, by a verdict of the juilges. Sir I'Mward Hales, a new proselyte, had accepti'd a commission of coionel ; and directions were given his coaclnnan to prosecute him for the penalty of hve hundred pounds, which the law, establishing tlie tists, had granted to informers. By tliis feigned action, the hing hoped, botli from the authority of the decision, and tlie reason of the thing, to put an end to all questions with regard to his dispensing power. It could not be expected that. the lawyers ap])ointcd to plead against Hales would exert great force on that occasion : but the cause was regarded with such anxiety by the public, that it has been thoroughly canvassed in several elaborate discourses;* and couhl men divest themselves of pn.judice, there want not sufficient ma- terials on which to form a true judgment. Tlie claim and exercise of the dispensing ]>ower is allowed to bo very ancient in England : and though it seems at first to have been copied from papal iisurpations, it, may pl.aiuly be traced up as high as the reign of Henry III. In the feudal government^, men were inoie anxious to secure their private ]iroperty th.an to share in the pub- lic administration; and provided no innovations were attempted on their lights and possessions, the care of executing the laws, and insuring general safety, was without jealousy intrusted to tlie sovereign. Penal statutes were commonly intended to arm the jiriuce with more authority for that purpose; and being in the main calculated for promoting his influence as first magistrate, there seemed no danger in al- lowing him to dispense with their execution, in such particular cases as might require an exception or indulgence. That practice had so much prevailed, that the parliament itself had more than once ac- knowledged this ju'erogative of the crown ; jjarticu- larly during the reign of II°nry the Fifth, when they enacted the law against aliens, and also when they passed the statute of provisors.t But though the ge- neral tenor of the penal statutes was such as gave the king a superior interest in their execution beyond any • Particularlv sir Edward Herbert's Defence in the State Tri.ils. am] sir Rdhcrt .\lkins"s Knquiiy conceminx the Uispcnsinff Poiver. t It is rtmarkahlc. hi'tiev. r, ttiac in the reign of Jticharti the Scmnd, the parliament (nai ted the kins only a temporary power of dispensing with the Btatute of proyisnrs — Hot. I'arL l.*) Rich. 11. n. i. A plain iin|ilieation that he had not, of himself, such prerogative So uncertain tvcre many ofthcse points &t that time. of his subjects, it could not but sometimes happen in a mixed government, that the pnrliament would desire to enact laws by which the regal power, in some par- ticulars, even where private property was not imnudi- ately concerned, might bo regulated and restrained. In the twenty-third of Henry VI. a law of this kind was euaetr'd, prohibiting any man from serving in a county as sbcrift' above a year ; and a clause was in- serted by which the king was disabled from granting a dispensation. Plain reason might lla^e taught, that this law, at least, should be exempted from the king's prerog,ative : but as the dispensing power still prevailed in other cases, it was soon able, aided by the servility of the courts of judicature, even to overpower tliif statute, which the legislature had evidently inteiuh <1 to secure against violation. In the reign of Henry VII. the ease was brought to a trial before all the jiulges in the exehequer-chainber; and it was decreed, that, not- withstanding the strict clause above mcntioneil, the king might dispense with the statute: he could fir t, it w.as alleged, dispense with the prohibitory clause, and then with the statute itself. This opinion of the jiid;;es, though seemingly absurd, liad ever since passi d for undoubted law: the practice of continuing the slii'rifl's had prevailed : and most of the ])ro|ierty in I'hii^land had been fixed by decisions, which juries, re- turned by such sheriffs, had given in the courts of judi- cature. Many other dispens:itions t.f a like nature may be ])roduced ; not only such as took place by intervals, but such as were uniformly continued. Thus the law was dispensed with, which proliiliited any man from going a judge of assize into his own county ; that which rc^ndered all Welcliinen iueapable of beaiiug ofKces in Wales ; and that whit h required every one, who received a pardon for felony, to hud sureties for his good behaviour. In the second of .lames I. a new consultation of all the judges had been held upon a like question : this prerog.ative of the crown was again unanimously affirmed; and it became an established principle in English jurisprudence, that though th.e king could not allow of what was murally unlawful, he could jiermit what was only prohibited by positive statute. Even the jealous house of commons, who ex- torted the Petition of Itiglit from Charles I., made no scruple, by the muutli of Glauville, their manager, to allow of the dispensing power in its full extent; and in the famous trial of ship-money, Ilolborne, the po- pular lawyer, had freely, and in tlie most explicit terms, made tlie same concession. Sir Edward ('oke, the great oiacle of English law, had not only con- curred witii all other lawyers in favour of this preroga- tive, l)ut seems even to believe it so inherent in the crown, that an act of parli.ament itself could not abo- lish it. And he p.articularly observes, that no law can impose such adisability of enjoying offices as the king may not dispense with ; because the king, from the law of nature, has a right to the service of all liis subjeels. This partieul.ar reason, as well as all the general prin- ciples, is ajiplicable to the question of the tests ; nor can the dangerous consequence of granting dispen- sations in that case be ever allowed to bo jile.ided be- fore a court of judicature. Every jirerogative of the crown, it may be said, admits of abuse : should the king |)ardon all criminals, law must be totally dissolved; should he declare and continue perpetual war against all nations, inevitable ruin must ensue : yet these j)Owers are intrusted to the sovereign; and we must be content, as our ancestors were, to depend upon his prudence and discretion in the exercise of them. Though this reasoning seems founded on such prin- ciples as are usually admitted by lawyers, the people had entertained such violent prepossessions against tlie use which James here made of his prerog.ative, that he was obliged, before he brought on llales's cause, to displace four of the judges, Jones, Moulague, Charle- ton,and Nevil : and even sir Edward Herbert, the chief- justice, though a man of acknov/ledged virtue, yet, because he here supported the pretensions of the crowu. 851 THE HISTORY OF ENGLANJ). [C'ur. I.X.X. wsR cxiiORP'l ic ffro.it and fjcneral reproach. Men deemed a dispensing to be in efFect tlie same witli a repealin" power; and they could not conceive tliat less •i'lthority was necessary to repeal than to enact any statute. ' If one penal law was dispensed with, any other niifrlit undergo the same fate : and by what jirin- ciple could even the laws which define property be af- terwards secured from violation. The test act had ever been conceived the great barrier of the estaldished religion under a popish successor : as such, it had been insisted on by the parliament ; as such, granted by the Icing ; as such, during the debates with regard to the exclusion, recommended by the chancellor. By what magic, what chicane of law, is it now annihi- lated, and rendered of no validity ? These questions were every whei-e asked; and men, straitened by pre- cedents and decisions of great autliority, were reduced either to question the antiquity of this prerogative it- self, or to assert, that even the practice of near five centuries could not bestow on it sufficient authority. It was not considered, that tlie present difficulty or seeming absurdity had proceeded from late innova- tions introduced into the government. Iwer since the beginning of this century,the parliament had, with a laudable zeal, been acquiring powers and establishing principles favourable to law and liberty: the authority of the crown had been limited in many important par- ticulars: and penal statutes were often calcul.a-led to s.cure the constitution against the attenqits of minis- ters, as well as to preserve a general peace, and re- jiress crimes and immoralities. A prerogative, how- ever, derived from very ancient, and almost uniform practice, the dispensing power, still remained, or was supposed to remain, with tlie crown; sufficient in an instant to overturn this whole fabric, and to throw down all fences of the constitution. If this preroga- tive, which carries on the ftice of it such strong symp- toms of an absolute authority in the prince, had yet, in ancient times, subsisted with some degree of liberty in the subject ; this fact only proves, that scarcely any lium.an government, nii:ch less one erected in rude and barbarous times, is entirely consistent and uniform in all its parts. But to expect that the dispensing power could, in any degree, be rendeied compatible with those accurate and regular limitations, which had of late been establislied, and which the people were determined to maintain, was a vain hope: and though men knew not upon what principles they could deny that prerogative, they saw that, if they would preserve their laws and constitution, there was an absolute ne- cessity for denying, at least for abolishing it. Tlie Ke- volution alone, which soon succeeded, happily put an end to all the.se disputes : by means of it, a more uni- form edifice was at last erected ; the monstrous incon- sistence, so visible between the ancient Gothic parts of the fabric and the recent plans of liberty, was fully correctc'd; and, to theirmutual felicity, king and peojde were finally taught to know their proper boundaries.* Whatever topics lawyers miglit find to defend James's dispensing power, the nation thought it dan- gerous, if not fatal to liberty, and his resolution of c-.\orcising it may on that account be esteemed no less alarming, than if the power had been founded on the most recent and most flagrant usurpation. It was not likely, that an autliority, which had been assumed, tliiough so many obstacles, would in his hands lie long idle and unemployed. Four catholic * It is remarkable, that the conven:ion, summoned by the Prince (>f OranRc, did iiot, even when they had the making ol their uwn terms in " the rJeelaivt- racion of rights," venture to condemn the dispensing power in general, which had been uniformly cxerciSLi) hy the former kiiiys of Kngland. They only condenme'l it so far, "as it had been assumed and exercised of late.' with- out being able to tell wherein the ditference lay. Hut in ■ the hill of rijihts ' which passed about a twelvemonth after, the i,arliament txHdt care U) secure lliemselves more effectually a^tainsl a branch of prerojtaiive incomp tihle with all le;ensinx tuiwer in the crown. Yet even then the house of lords rejected that clause (d the bill, which cindemned tfie exeicise of this powet in former kin^s, and obliged the commons to rest content wi:h abolishing it for the future Tliere needs no other proof of the irregular nature of the- old Knglish govern- ment than the existence of such a pniogative, always exercised and never king was determined to proceed with vio- lence in the prosecution of this affair. The bisliop hiinselt he resolved to punish for disobedience to his commands ; and the expedient, which he employed lor that purpose was of a nature at once the most illegal and most alarming. COURT OF ECCLESIASTICAL COMMISSION. Among all the engines of authority formerly em- ployed by the crown, none had been more dangerous, or even destructive, to liberty, than the court of high- commission, which, together with the star-chamber, had been abolished in the reign of Charles I. hy act of parliament; in which a clause was also inserted, pro- hibiting the erection, in all future times, of that court, or any of a lilce nature. But this law was deemed by James no obstacle; and an ecclesiastical commission was anew issued, by which seven commissioners wera vested with full and unlimited authority over the church of England.* On them were bestowed the same inquisitorial powers, possessed by the former court of high-commission : they might proceed upon bare sus- picion ; and, the better to set the law at defiance, it was expressly inserted in their patent itself, that they were to exercise their jurisdiction, notwithstanding any law or statute to the contrary. The king's design to sub- due the church was now sufficiently known ; and had he been able to establish the autliority of this new- erected court, his success was infallible. A more sen- sible blow could not be given, both to national liberty and religion : and happily the contest could not be tried in a cause more iniquitous and unpopular than that against Sharpe and the bishop of London. SENTENCE AGAINST THE BISHOP OF LONDON. The prelate was cited before the commissioners. After denying the legality of the court, and claiming the privilege of all Christian bishops to be tried by the metropolitan and his suffragans ; he pleaded in his own defence, that as he was obliged, if be had sus- pended Sharpe, to act in the capacity of a judge, he could not, consistent either with law or equity, pro- nounce sentence without a previous citation and trial: that he had by petition represented this difficulty to his m.ijesty ; and not receiving any answer, he had reason to think that his petition had given entire satisfaction : that in order to show further his deference, he had advised Sharpe to abstain from preaching, till he had justified his conduct to the king; advice which, coming from his superior, was equivalent to a command, and had accordingly met with the proper obedience : that he had thus, in his apprehension, conformed himself to his majesty's pleasure ; but if he should still be found wantiu"- to his duty in any p.articular, he was now will- in" to crave pardon, and to make reparation. All this submission, both in Sharpe and the prelate, had no effect : it was determined to have an example : orders were accordingly sent to the commissioners to proceed; and by a majority of votes the bishop, as well as the doctor, was suspended. PENAL LAWS SUSPENDED. 168?. Almost the whole of this short reign consists of at- tempts, always imprudent, often illegal, sometimes both, an-ainst whatever was most loved and revered in the nation : even such schemes of the king's as might be laudable in themselves, were so disgraced by his inten- tions, that they serve only to aggravate the charge a"ainst him. James was become a great patnm of toleration, and an enemy to .all those persecuting laws wliich, from the influence of the chur.h, had been • The pcranns ii»in(.d were the archbishop of Canttrbui^-, Sancioft ; the hislmpof Durham, lifw ; of Rorhtster. Sirat ; the carl of Iti'ehestcr, sun- (tcrland ■ chancellor J. ffrics ; and iord-chi^t- josti.r Hf^hert. Th" archbishoi-- refused to act, and the bishop of Chester was substitiiled in hu place. SoG Tin: HISTOUV OF ENGLAND. [Chap. LXX enacted both ngainst the uissmtiis and catholics. Not content with {.'lanting dispensations to iiarticnUu- persons, lie assmneii a powei- of issning a declaration of "enc'ral indulgence, and of snsjiending at once all the'penal statutes, by which a conformity was required to the established religion. This was .a strain of antlio- ritv it must be confessed, quite inconsistent with law and a limited constitution ; yet was it supported by many strong precedents in the history of Kugland. Even after the principles of liberty were become more urevalent, and began to be well undei'stood, the late king had, oftener than once, and without giving much umbrage, exerted this dangerous power: he had, in 1662, suspended the execution of a law which regulated carriages : during the two Dutch wars, he had twice suspended the act of navigation : and the commons, in 16C6, being resolved, contrary to the king's judgment, to enact that iniquitous law against the importation of Irish cattle, found it necessary, in order to obviate the exercise of this prerogative, which they desired not at that time entirely to deny or abrogate, to call that im- portation a nuisance. Tliough the former authority of the sovereign was great in civil affairs, it was still greater in ecclesiasti- cal ; and the whole despotic power of the popes was often believed, in virtue of the supremacy, to have de- volved to the crown. The last parliament of Charles I., by abolishing the power of the king and convocation to frame canons without consent of parliament, had somewhat diminished tlie supposed extent of the su- premacy ; but still veiy considerable remains of it, at least very important claims, were preserved, and were occasiouraiy made use of by the sovereign. In 1002, Charles, jileading both the rights of his supremacy and his suspending power, had granted a general indulgence or toleration; and in 1072 he renewed the s.ame edict: though the remonstrances of his parliament obliged him, on both occasions, to retract ; andin the last in- stance, the triumiih of law over prerogati\ e was deemed vcrv great and memorable. In general we may re- mark, that where the exercise of the suspending power was .agreeable and useful, the power itself was little questioned : where the exercise was thought liable to exceptions, not men only opposed it, but proceeded to deny altogether the legality of the prerogative onAvhich it was founded. James, more imprudent and arbitrary than his pre- deces.sor, issued his proclamation, suspending all the l)eual laws in ecclesiastical affairs; and gr.anting a general liberty of conscience to all his subjects. He w.as not deterred by the reflection, both that this scheme of indulgence was already blasted by two fruit- l.-ss attempts; and that in such a government as that of Kngland, it was not sufficient that a prerogative be approved of by some lawyers and antiquaries : if it was coudenmed by the general voice of the nation, and yet was still exerted, tiie victory over national liberty was no less signal than if obtained by the most flagrant in- justice and usurpation. These two considerations in- deed would rather serve to recommend this project to .lames; who deemed himself superior in vigour and activitv to bis brother, and who probably thought that bis people enjoyed no liberties, but by his royal conces- sion and imhdgence. In order to procure a better reception for his edict of toleration, the king, finding himself opposed by the church, began to p.ay court to the dissenters ; and he imagined that, by playing one party against another, he shoidd easily obtain the victory over both ; a refined policy which it much esceeded his capacity to conduct, His intentions were so obvious, that it w.as impossible for him ever to gain the sincere confidence and regard of the nonconformists. They knew that the genius of their religion was diametrically opposite to that of the catholics, the sole object of the king's affection. They were sensible, that both the violence of his temper, and the maxims of his religion, were reimgnaut to the prnciples of toleration. They had seen that, on his accession, as well as during his brother's reign, lie had courted the church at tl.eir expense ; iind it was not till his dangerous scliemes were rejected by the prelates, that he had recourse to the nonconformists. All his favours, therefore, must, to every n.an of judgment among the sectaries, have appeared insidious: yet such was the pleasure reaped from present case, such the animosity of the dissenters against tlie church, who had so long subjected them to the rigours of jiersec u- cution, that thi>y everywhere expressed the most entire duty to the king, and compliance with bis measures; and could not forbear rejoicing extremely in the pre- sent dei)ression of their ailvcrsaries. But had the dissenters been ever so much inclined to shut their eyes with regard to the king's intentions, the manner of conducting liis scheme in Scotland was sufficient to discover the secret. The king first applied to the Scottish parliament, and desired an indulgence for the catholics alone, without comprehendmg the presbyterians :■ but th.it assembly, though more dispof ed than even the parliament of England to sacrifice their civil liberties, resolved likewise to adhere pertinaci- ously to their religion ; and tliey I'ejected for the first time the king's ajiplication. James therefore found himself obliged to exert his prerogative ; and he now thought it prudent to interest a party among his sub- jects, besides the catholics, in supporting this act of authority. To the siirprise of the har.assed and perse- cuted presbyterians, they heard the ininciples of tole- ration everywhere extolled, and found tliat full permis- sion w,as granted to attend conventicles; an oft'ence, which, even during this reign, had been declared no less than a capital enormity. The king's declai-ation, however, of indulgence contained clauses sufficient to depress their joy. As if ])opery were already predomi- nant, he declared, " that he never would use force or invincible necessity against any man on account of his persuasion or the )irotestant religion :" a promise surely of toleration given to the protestants with great precaution, and admitting a considerable latitude for persecution and violence. It is likewise remarkable, that the king declared in express terms, " that he had tliought fit, by his sovereign authority, prerogative royal, and atisolule power, wliich all his subjects were to obey unthout reserve, to grant this royal toleration." The dangerous designs of other princes are to be collected by a comp:irison of their several .actions, or by a disco- verv of their more secret councils : but so blinded was James with zeal, so transported by his imperious tem- per, that even his proclamations and public edicts con- tani expressions which, without further inquiry, may suffice to his condemnation. The English well knew, that the king, by the consti- tution of their government, thought himself entitled, as indeed he was, toasamjde authoiity in his southern, .as in his northern kingdom ; and therefore, though the declaration of indulgence published for England was more cautiously expressed, they coidd not but be alarmed by the arbitrary treatment to which their neighbours were exposed. It is even remarkable, that the Eu'dish declaration contained clauses of a strange import. Tlie king there promised, that he would main- tain his loving subjects in all their properties and pos- sessions, as well of church and abbey lands as of any other. Men thought, that if the full establishment of popery were not at hand, this promise was quite super- fluous; and they concluded, that the king was so re- plete with joy on the prospect of that glorious event, that he could not, even for a moment, refrain from ex- pressing it. ST.VTE OF IRELAND. But what afforded the most .alarming prospect, was the cou'.iiuiaiice and even increase of the violent and precipitate conduct of affiiirs in Ireland. Tyrconncl was now vested with full authority; and carried over with him as chancellor one Eitton, a man who w:is CiiAr. LXX.] JAMES II. 1685—1688. S57 takrn from a jail, ami wlio !iad bePti convicted of for- gery and otiiercriiiu's, but wlio coiiipi'nsated for all his eiiorniities by a headlong zeal for the catholic religion, lie n.as even heard to say from tlie bencli, that the protestants were all rogues, and that tliere «as not one timong forty thousand that was not a traitor, a rebel, and a villain. The whole strain of the adniinistiation was suitable to such sentiments. Tiie catiiolics were put in possession of the council-table, of the courts of judicature, and of the bench of justices. Jn order to make them masters of the parliament, the same vio- lence was exercised that had been practised in Englaiul. The charters of Dublin and of all the corporations were annulled ; and new charters were gr.anted, sub- jecting the corporations to the will of tlie sovereign. The protestaat freemen were expelled, cai holies intro- duced : and the latter sect, as they always were the majority in number, were now invested with the wlude power of the kingdom. The act of settlement was the only obstacle to their enjoying the whole property; and Tyrcounel had termed a scheme for calling a par- liament, in order to reverse that act, and empower the king to bestow all the lands of Ireland on his catholic subjects. But in this scheme he met with ojiposition from the moderate catholics in the king's council. Lord Bellasis went even to far as to affirm with an oath, " that that fellow in Ireland was fool .ind mad- man enough to ruin ten kingdoms." The decay of trade, from the desertion of the protestants, was repre- sented ; the sinking of the revenue ; the alarm com- municated to England ; and by these considerations the king's resolutions were for some time suspended; though it was easy to foresee, from the usual tenor of liis conduct, which side would at last pieponderate. EMBASSY TO ROJIE. But the king was not content with discovering in his own kingdoms the im])rudence of his ctrnduct : he was resolved that all Europe should be witness of it. He publicly sent the earl of Castlemaine ambassadorextr.a- ordinary to Ronie, in order to express his obeisance to the pope, and to make advances for reconciling his kingdonis, in form, to the catholic coniminiion. Never man, who catne on so important an errand, met with so many neglects, and even affronts, as Castlemaine. The pontiff, in-^tead of being pleased with this forward step, concluded that a scheme, conducted with so much indiscretion, could never possibly be successful. And as he was enga^'ed in a viident quarrel with the French monarch, a qiiariel which interested bim more nearly than the conversion of England, he bore little regard to James, whom he believed too closely connected with his capital enemy. The only proof of complaisance which James received from th.e pontiff was his senditig a nuncio to England, in return for the embassy. By act of parliament any communication with the pope was made treason : yet so little regard did the king p.ay to the laws, that he pave the nuncio a public and solemn reception at Windsor. The duke of Somerset, one of the bed- chamber, because he refused to assist at this ceremony, was dismisseil from his employment. The nuncio re- sided openly in London during the rest of this reign. Four catholic bishops were publicly consecrated in the king's chapel, and sent out under the title of vicars- apostolical, to e.xercise the episcopal function in their respective dio(-eses. Their pastoral lettei's, directed to the lily catholics of England, were printed and dispersed bv the express allowance and permissicm of the king. The regular cler^'y of that communion ajipeared at court in the habits of their order; .and some of them were so indiscreet as to boast, that, in a little time, they hoped to walk in procession through the capital. While the king shocked in the most open manner all the principles and prejudices of his protestant sub- jects, he could not sometimes but be sensible, that he stood in need of their assistance for the execution of Vol I. bis designs. He had himself, by virtue of his preroga- tive, suspended the penal laws, and dispensed with the test; but he would gladly have obtained the sanction of parliament to these acts of power ; and he knew that, without this authority, his edicts alone would nevei- afford a durable security to the catholics. He bad employed, therefore, with the members of parlia- ment, many jnivate conferences, which were theu called clusetings ; and he used every expedient of reasons, menaces, and promises, to break their obstinacy in this particular. Finding all bis efforts fruitless, he had dis- solved the parliament, and was determined to call a new one, from which he expected more complais.inco and submission. By the practice of annulling tl:o charters, the king was become master of all the cor- poratioiis, and could at pleasure change everywhere the whole magistracy. The church party, therefore, by whom the crown had been hitherto so remarkably sup- ported, and to whom the king visibly owed his safety trumall the efforts of his enemies, was deprived of au- thority; and ihe dissenters, those very enemies, were, first in London, and afterwards in every other corpora- tion, substituted in their place. Not content with this violent and dangerous innovation, the king appointed certain regulators to examine the qualifications of electors; and directions were given them to exclude all such as adhered to the test and penal statutes.* Queries to tlds purpose were openly proposed in all pl.aces, in order to try the sentiments of men, and en- able the king to judge of the proceedings of the future parliament. The power of the crown was at this lime so great, and the revenue, managed by James's fiu- gality, so considerable and independent, that, if he had embraced any national party, he had been insured of success, and might have carried his authoiity to what length he pleased. But the catholics, to which he had entirely devoted himself, were scarcely the hundredth )iart of the people. Even the protestant nonconformists, whom he so much courted, were little more than the twentieth ; and, what was worse, reposed no confidence in the tinnatnral alliance contracted with the catholics, and in the principles of toleration, which, contrary to their usual practice in all ages, seemed at present to be adopted by that sect. The king, there- fore, finding little hopes of success, delayed the sum- moning of parliament, and proceeded still in the exer- cise of his illegal and arbitrary authority. The whole power in Ireland had been committed to catholics. Jn Scotland, all the ministers whom the king chiefly trusted, were converts to that religion. Every great office in England, civil and military, was gradually transferred from the protestants. Rochester and Clarendon, the king's brotbeis-in-law, though they had ever been faithful to his interests, could not, by all their services, atone for their adherence to the national religion ; and bad been dismissed from their employ- ment. The violent .Jeffries himself, though he had .saciificed justice and humanity to the court; yet, be- cause he refused aNo to give up his religion, was de- clining in favour and interest. Nothing now remained but to open the door in the church and universities to the intrusion of the catholics. It was not long before the king made this rash effort ; and by constraining the prel.acy and established church to seek protection in the principles of liberty, be at hast left himself en- tirely without fiiends and adherents. Father J"rancis,a Benedictine, was recommended by the king's mandate to the university of Cambridge for the degree of master of arts ; and .as it was usual for the university to confer that degree on persons eminent for learning, without reg.iid to their religion ; and as they had even admitted lately the secretary to the am- ba.ssadorof Morocco; the king on that account thought himself the better entitled to compliance. But the • The elections in lome places, purticularl.- in Yoik, were transferred (pom the people to r.'ie maKistrates, who. bv the neu- charter, were ail n;^me.l hy tht tmxn — Sir John Itcresljy s Me-.noirs, p. :7.>. This was in reality nothing niiiei-ent from the king's naminj< the members. The sanie act ol Butliortty ijiA Ven employed in all Che boroughs of ScoiJani CR. SoS TKE HISTORY OF ENGLAND. [Chap. LXX. university considerpd, tli.it there was a groat flitferenoe between a (■(nnpliment bestowed on foreign rs, and de- crees wliirh pave a title to vote in all the eleitiuns and statutes ot tlie university, and which, if conferred on the catliolics, would infaliildy in time render that sect entirely scijvrior. They therefore refused to obey the kin"'s iiiard.ite, and were cited to appear before the court of eci lesiastieal commission. Tlie vice-chancellor was suspended by that court; but as the university chose a n an of spirit to succeed hiin, the king thought proper for the present to drop his pretensions. ATTEMPT UPON MAGDALEN COLLEGE. The attempt upon the university of Oxford was pro- secuted with more intiexible obstinacy, and was at- tended with more important consequences. This uni- versity had lately, in their famous decree, made a solemn profession of passive oliedience; and the conn probably expected, that they would show their sin- cerity, when their turn came to practise that doctrine; which, though, if cariied to the utmost extent, it be contrary bcth to reason and to nature, is apt to meet with the more effectual opposition from the latter prin- ciple. The president of Magdalen college, one of the richest foundations in Europe, dying about this time, a mandate was sent in favour of Farmer, a new con- vert, but one who, besides iiis being a catholic, had not, in other resjiects, the qual fications required by the statutes for enjoying that office. The fellows of the college made submissive applications to the king for recalling his mandate; but before they received an answer, the day came, on which, by their statutes, they were obliged to jiroceed to an election. They chose Dr. Hough, a man of virtue, as well as of the firmness and vigour requisite for maintaining his own rights and those of the university. In order to punish the college for this contumacy, as it was called, an inferior ecclesiastical commission was sent down, and the new president and tlie fellows were cited before it. So little regard had been paid to any consideration besides reli- gion, that Farmer, on inquiry, was found guilty of the lowest and most scandalous vices ; insomuch that even the ecclesiastical commissioners were ashamed to in- sist on his election. A new mandate, therefore, was Issued in favour of Parker, lately created bishop of Oxford, a man of prostitute character, but who, like Farmer, atoned for all his vices by his avowed willing- ness to embrace the catholic religion. The college re- presented, that all presidents had ever been appointed by election, and there were few instances of the king's interposing by his recommendation in favour of any candidate ; that having already made a regular election of a president, they could not deprive him of his office, and, during his lifetime, substitute any other in his place ; that, even if there were a vacancy, Parker, by the statutes of their founder, could not be chosen ; that they had all of them bound themselves by oath to ob- serve these statutes, and never on any account to ac- cept of a dispensation ; and that the college had at all times so much distinguished itself by its loyalty, that nothing but the most invincible necessity could now olilige them to oppose his majesty's inclinations. All these reasons availed them nothing. The president and all the fellows, except two who complied, were ex- pelled the college ; and Parker was put in possession of the office. This act of violence, of all those which were committed during the reign of James, is perhaps the most illegal and arbitrary. When the dispensing j po\ver was the most strenuously insisted on by court lawyers, it had still been allowed, that the statutes which regard private property, coidd not legally be in- fringed by that prerogative. Yet in this instance it appeared, that even these were not now secure from invasion. The privileges of a college were attaeked ; men «je illegally dispossessed of their property, for adheriugto tlieir duty, to their oaths, and to their reli- (rion : the fountains of the church are attempted to ba I poisoned; nor would it be long, it was orhm her principles a' d her coTistant piacticetmfiuestioddbly loyai, and haviFig, to her great honour, been m.irc than once publicly ackiiow.eilgetl to 1 e so by your gracious majesty,! nor yet from any want of tenderness to dis- senters, in relation to whom we are \villing to come to such ;i temper as shal be thouk'bt fir, when the matter shal! be considered and settlcrl in parliament and convocation. But among many other considerations, from this especially, because that declarHti n is founded upon such a disiK-nsing power as tia-h been often declared illegal in parliament, and particularly in the years l(.:y and 11)72, and in the beginning of your majesty's reigo, and is a matt r of so great monunt and consequence to the whole tiation both In church linil s ate that your i)etitioners cannot in prudence, honour, or conscience, iC far make themselves parties to it as a distr bution of it all over ihc nation, ar.-l the solemn publicaion of it once and aiiain, even in lioil s h-mse. and in tJu tune of divine service, must amount in comm'in and rLOsonable construc-.loti , Chap. LXX. JAMES 11. less— 1088. 859 piiidei.t and cautions in the expression. As the poti- •.i(in was deliveretl liim in private, he summoned tliini before the council ; and questioned them whether tliey woiiUl acknowledge it. Tlie bishops saw his intention, and seemed long desirous to decline answering : i ut being pushed by the chancellor, they at last avowed the petition. On their refusal to give bail, an order vras immediately drawn for their commitment to tlie Tower; and the crown lawyers received directions to piosecute them for the seditious libel which, it was pretended, they had composed and uttered. IMPRISONMENT. The people were already aware of the danger to which the pielates were exposed ; and were raised to tht highest pitch of anxiety and attention with regard to the issue of this extraordinary affair. But when they beheld these fathers of the cluircli brought from ccurt under the custody of a guard, when they saw them embarlied in vessels, on the river, and conveyed towards the Tower, all their affection for liberty, all tl.eir zeal for religion, blazed up at once; and they flew to behold this aftVcting spectacle. The whole shore was covered with crowds of ])rostrate spectators, whont once implored the blessiiig of those holy pastors, and addressed their petitions towards Heaven for pro- tection doling this extreme danger to which their country and their religion stood exposed. Even the siildiiTs, seized with the contagion of the same spirit, flu.ig themselves on their Unees befiue the distressed prc'ates, and craved the benediction of those criminals whom they were appointed to gu.ard. Some persons ran into the water, that they might participate more nearly in those blessings, wliich tlie ]iielates were dis- trib iting on all around them. The bishops theuiselves, during this triumphant suffering, aiiginented the ge- neral favour, by the leost lowly submissive deport- ment ; and tiiCy still exhorted the people to fear God. honour the king, and maintain their loyally; expres- sions more animating than the most inflammatory speeches. And no sooner had they entered the pre- cincts of the Tower than they hurried to clia|iel, in order to return thanks for those afflictions which Hea- ven, in defence of its holy cause, had thought them worthy to endure. TRIAL. Their pass.age, when conducted to their trial, was, if possible, attended by greater crowds of anxious spec tators. All men saw the dangerous cri-is to which affairs were reduced, and were sensible that the king could not have put the issue on a cause more un- favourable for himself than that in which he had so imprndently engaged. Twenty-nine temporal peers (for the other prelates kept .iloof) attended ibe pi isen- ers to Westminster-hall ; and such crowds of gentry followed the procession, that scarcely was any room left for the pop'ilace to enter. The lawyers for the bishojis were, sir Robert Sawyer, sir Francis Pember- ton, PoUexfen.Treby, and Sommers. No cause, even during the prosecution of the popish plot, was ever heard with so ranch zeal and attention. The popular torrent, which, of itself, ran fierce and strong, was now further iiritated by the oppositiim of government. The counsel for the bishops pleaded, that the law allowed subjects, if they thought themselves aggrieved in any particular, to .apply by petition to the king, provided they kept within certain bounds, wliicli the same law preseribid io thein, and whicli, in the pre- sent petition, the luelates had strictly observed ; that an active obedience in cases which were contrary to conscience, was never pretended to be dne to govern- ment ; and law was allowed to be the great measure of the compliance and submis-ion of subjects : that when any person found commands to be imposed upon him which he could not obey, it was more respecifiil iu him to offer his reasons for refusal, than to remain in a sullen and refractory silence : that it was no breach of duty in subjects, even though not called upon, to disi over their sen^e of public measures, in which every one had so intimate a concern : that the bisliops iu the present case were called upon, and must either express their approbation by compliance, or their disapprobation by petition : that it could be no sedition to deny the prerogative of suspending the laws, because there really was no such prerogative, nor ever could be, in a legal and limited government: that even if this prerogative were real, it hud yet been frequently controverted before the whole nation, both in Westminster-hall, and iu both houses of parlia- ment ; and no one had ever dreamed of punishing the denial of it as criminal : that the prelates, instead of making an appeal to the people, had applied in private to liis majesty, and had even delivered their petition so Secretly, that, excejit by the confession extoited from them before the council, it was found impossible to prove them the authors : and tliat though the peti- tion was afterwards printed and dispersed, it was not so much as attempted to be proved that they had the least knowledge of the publication. ACQUITTAL OF THE BISHOPS. June 17. These a'guments were convincing in themselves, and were heard wiih a favourable disposition by the audience. Even some of the judges, tliongh their seats were held duiiiig pleasure, declaied themselves in favour of the prisoners. The jury, however, from what cause is unknown, toi k several hours to delibe- rate, and kept, during so long a time, the people in the mo.st anxious expectation. I!ut when the wishedfor verdict, 7ioi (iiiil'i/, was at last pronounced, the intelli- gence "as echoed through the hall, was cre- clpitate career, so fatally advanced. Tlnuigh he knew that every order of men, except a handful of catho- lics, were enraged at his past measures, and still more terrified with the future prosjicct ; though he saw that the same discontents had reached the army, his sole resource during the general disaffection ; yet he was incapable of changing his measures, or even of rtniit- ling his violence in the prosecuti' n of tluin. He struck out two of the judges, Powel and Ilollowav, who had appeared to favour the bisho] s : he i.ssued orders to prosecute all those clergymen who had not read his dcclar.ation ; that is, the wliole church of Eng- land, two hundred excepted : he sent a miindalo to the new fellows, whom he had obtruded on Magdaleu college, to elect for pre.sident, in the room of Parker, S60 THE HISTORY OF ENGLAND. [Chap. LXXl. ktoly doccased, one Gifford, a docloi- of tho Sorboimo, irnd titular bishop of M.idura : and lie is evi-n sa:d to liave nominated tlie same person to tlic see ot Oxford. So "i-eat an infatuation is perhaps an object of compas- sion rathei- than of aiiKcr ; and is really suiprismg ina man who, in other respects, was not wholly deficient in Bcnse and accoinpllshiiients. BIRTH OF THE PRINCE OF WALES. June 10. A few days before tlie acqnittal of the bishops, an event happe'ned, which, in the king's sentiment-s, much overbalanced all tho mortifications received on that occasion. The queen was delivered of a son, who was baptized by the name of James. This blessing was impatiently longed for, not only by the king and queen, but" by all the zealous catholics both abroad and at home, fl.ey saw, that the king was past middle age ; and that on bis death the succession must de- volve to the ]iriiice and princess of Orange, two zealous protestauts, who would soon replace every- thing on .ancient foundations. Vows therefore were ofl'ered at every shrine for a male successor : pilgrim- jiges were undertaken, particularly one to Loretto, by the duchess of Modena ; and success was chiefly at- tributed to that pious journey. But in pro])nrti(iu ,ts this event was .igreeablo to the catholics, it increased the disgust of the protestants, by de])riving theni of that pleasing, though somewhat distant prospect, iu which at present they flattered themselves. Calumny even went so far as to ascribe to the king the design of im- posing on the world a supposititious child, who might be educated in his principles, and after his death sup- port the catholic religion in his dominions. The nation almost universally believed him capable, from bigotry, of committing any crime ; as they had seen, that, from like r.iotives, he was guilty of every imprudence ; and the affections of nature, they thouglit, would be easily sacrificed to the superior motive of propagating a catholic and orthodox faith. The present occasion was not the first, when that calumny bad been in- vented. In the year 1G82, the queen, then duchess of York, had been pregnant ; and rumours were spread that .an imposture would at tluat time be obtruded upon the nation ; but Inppily, the infant proved a female, and thereby spared the party all the trouble of supporting their improbable fiction." CHAPTER LXXI. Conduct of ttle Prince nf OrJlTi«?e He forms a Lejti?iie a(?ainst France Kefu':e^ to concur witti tin- King Hcsolvcs to .ppnse tile Kini; Is applied tnhv the h'nclisli Coalition of Part'es I'nnccs Hrepara tions Offers of France to the King — rejected Siipp-ised League wi'h France rn-neral Disconlenrs The King retracts his Mea- Ei.res Prince's Declaraiinn The Prince lands in Fof?land Ge- neral foni motion 1 lescrtion of the Armv and of Prince Ceorfte and of the Prin-'css Anne Kind's Consternation, and Flight C.eneral Confusion Ki OR seized at Fevcrsham Sec.nd F:Hapc Kinfi's Character Convention summoned Settlement of Scot- land Fnplish Con\ention meets Views of the Parties Free (;nn- ferenie hitwecn the Houses Commons prevail Settlement of the Crown Maimers and Sciences. WHILE every motive, civil and religious, con- curred to alienate from the king every rank and denomination of men, it might be expected that his throne would, without delay, fall to pieces by its own weight ; but such is the influence of established government: so averse are men from beginning ha- zardous enterprises ; that, had not an attack been made from abroad, affairs might long have remained in their present delicate situation, and James ni'ght at last have prevailed iu his rash and ill-concerted projects . • This story is taken notice of In a weekly paper, the Ohservator, published at that very tune. 2;!rd of Ao^ust. ItiSJ. Partv zeal is capable of swaliowinK tlie most incredible sfr y ; but it is surely iinK'ular. that the same calumny, vhcn once baffled, should yet be renewed with such success. CONDUCT OF THE PRINCE OF ORANGE. The prince of Orange, ever since his marriage with tho lady Mary, had maintained a vei'y piiuient con- duct; agreeably to that sound understanding with which he was so eniinently endowed. lie made it a ni.axim to concern himself little in English affairs, and never by any measure to disgust any of the factions, or give umbrage to the prince who filled the throne. His natural inclination, as well as his interest, led him to employ himself with assiiluous industry in tli<; transactions on the continent, and to oppose tlie gran- deur of the Flench nionareh, ag^iiust whom he had long, both from personal and political considera- tions, conceived a violent animosity. By this con- duct, lie gratifietl the prejudices of the whole baiglish nation : but as he crossed the imdinations of Charlcb, who sought peace by compliance \\itli France, he had much declined in the favour and aftections of that monarch. James on Ids accession found it so much his in- terest to live on good terms with the heir-appareut, that he showed the prince some demonstrations cf fricmlship; and the prince, on his part, was not want- ing in every inst.ince of duty and regard towards the king. On Monmouth's invasion, he immediately dispatched over six regiments of British troops, which were in the Dutch service; and he oflcreil to take the command of the king's forces against the rebels. How little soever he might ajiprove of James's aiU ministration, he always kept a total silence on the subject, and gave no countenance to those discontents which were propagated with such industry throughout tlie nation. It was from the application of James himself, that file prince first openly took any part in Fnglish af^oiis. Notuithstaudiiig the lol'ty ideas which the king had entertained of his prerogative, he found that the edicts emitted from it still wanted much of the autho- rity of laws, and that the continiiaiice of them might in the issue become dangerous, both to himself ami to the catholics, >vhom he desired to favour. An act of parliament alone couhl insure the iiululgence or tole- ration, which he had laboured to establish; and lie i>oped that, if the prince would declare in favour of that scheme, the members, who had hitherto resisted all his own applications, would at last be prevailed with to adopt it. The consent, therefore, of the prince to the repeal of the penal statutes and of the test was strongly solicited by the king, and in order to cngago him to agree to that measure, lio])es were given, that England would second him in all those entei prises which his active and exttjnsive genius had with such success planned on the continent. He was at this time the centre of all the negociatioiis of Christendom. HE FORMS A LEAGUE AGAINST FRANCE. The emperor and the king of Spain, as the piince well knew, were enraged by the repeated injuries which they had suffered from the ambition of ijouis, and still more by the frequent insults which his prido had made them undergo. He was apprized of the in- fluence of these monarchs over the catholic princes of the empire: he had himself acquired great authority with the protestants : and he formed a project of uniting Eiirojie in one general league against the eii- croacliments of France, wiiich seemed so nearly to threaten the independence of all its neighbours. No characters are more incompatible than those of a conqueror and a persecutor; and Louis soon found, that besides his weakening Fi.aneeby the banishment of so many useful subjects, the i efiigees hatl iiifiam.^1 all the protostant nations against him, and had raised him enemies, who, in defence of their religion as v.eil as liberty, were obstinately resoKed to oppose his pro- gress. The city of Ainsterdain and other towns in Holland, which had before fallen into a depeudcDCH OuAP. LXXI.] JAMES J I. 168-5— 1688. 861 jn France, beliiff teirlfied with tlie accounts, whicli they every moiin'ut receiveil, ot" the furious perse- cutions a^'ainst the IIui;onots, had now dropped all domestic faction, and had entered into an entire con- fidence with tiie prince of Orange. The protestant princes of tlie empire formed a separate league at Ma^'debourg for the defence of their rehgion. The Lnglish were anew enraged at the blind bigotry of tlieir sovereign, and were disposed to embrace the most desperate resolutions against him. From a view of the state of Kurope during this i>eri, orders were sent to U'Avaux to lemoMstrate with the Slates, in Louis's name, against tlio e prepaiations wliich ihcy wi re making to The king of France, menaced by the league of invade England. The ^t^ict amity, said the French strike the fii.-t blow Si>ui;lit a (piaiTel witli Augshourg, had resolved to against the ahies; and h.ivin; tiie emperor and tlie elector palatine, he liad invaded Germany with a gieat army, and had laid siege to Philipsbourg. The elector of Culogne, who was also bishop of Liege and Slimster, and wlioso territories almost entirelv surrounded the United Provinces, had minist r, which subsistjj between the two monarch-", will make I^ouis regard every att. mpi against his ally iis an act of iiostiiily against himself. This remonstrance had a bad effect, and put the Slates in a flame. Wliat is this alii, nee, they asked, bet >een France and Eng- land, which has been so carefully concealed from us! Is it of the sani.- nature with the former: meant for died about this time ; and the candidates for that rich our destruction, and for the extirpation of the protest- succession were prince Clement of Bavaria, supported by the house of Austria, and the c;irdinal of Furstem- berg, a,prelate dep-ndont on France. The pope, wlio favoured the allies, was able to throw the balance between the parties, and prince Clement w.is chosen ; a circnmstanee which contributed extremely to the se- curity of the States. But as the cardinal kept posses- sion of many of the fortresses, and had appHed to France for succour, the neighbouring territories were full of troops ; and by this means the pi-eparations of tlie Dutch and their allies seemed intended merely for Hieir own defenca against the different enterprises of lumis. OFFERS OF FRANCE TO THE KING. All the artifices, however, of the prince could not entirely conceal his real intentions from the sagacity of the Freiu h court. D'.\vanx, Louis's envoy at the Uague, had be n able, by a comparison of circum- stances, to trace the pui-poses of the preparations in Holland ; and he instantly informed his master of the discovery. Louis conveyed the intelligence to James; and accompanied the information with an important offer, lie was willing to join a squadron of French ships to the English fleet ; and to send over any nnmber of troops, which James should judge requisite, for his security. When this proposal was rejected, he again oflfered to raise the siege of Philip-bourg, to march his army into the .N'etherlands, and by the terror of his arms to detain the Dutch forces in their own country. This proposal met with no better reception. James was not, as yet, entirely con^•inced that his son-in-law intended an invasion upon England. Fully persuaded, himself, of the sacredness of his own autho- rity, he fancied that a like belief had m.ide deep im- pression on his subjects ; and notwith.itanding the strong symptoms of discontent which broke out every- where, such an univer&il combination in rebellion appeared to him nowise credible. His army, in which lie trnsted, and which he had considerably augmented, would e.isily be able, he thought, to repel foreign force-, and to suppress any sedition among the populace. A small nnmber of French troops, joined to these, might tend only to breed discontent ; and afford them a pre- tence for mutinying against foreigners, so much feared and hated by the nation, A great body of auxiliaries might indeed secure him both agiiinst an invasion from Holland, and against the rebellion of his own subjects; but would be able afterwards to reduce liiin to de- pendence, and render his authority entirely precari- ous. Even the French invasion of the Ixiw (Vnntries might be attended with d;«n;,'erous consequences ; and would suffice, in these jealous times, to revive the e]d suspicion of a combination against Holland, and Rpainst the proteslant religion ; a suspicion, whieh had already produced such discontents in England. These ] ai!j"7"ii'o*S'. n'tii'or'Nov. isia. ant religion ! If so, it is high time for us to provide for our o»vn defence, and to anticipate those projects which are forming agaiust ns. Even James was disple sed with this officious step taken by I tmth truin SutiderUr. u. Ut 1) p I l^hcrt ; ;« v(,I. IV. alliAncc firmed bcnrlTt France ttr.i Pr.5. p. Ill, Kn^. trai.»U:ion» L'T'h i.f -*p%lUJ^, M64 THH HISTORY OF DVGI.AND. [Chap. I.XXr. captains and a few popisli foMiors excp]i(i>i1, tlie whole battalion iininciliatelv I'liiliiaced tlie latter part nf the alti'inativc. Fdt sunie tinu' he icniainod ^pcecliless ; but havini; ii'covcrcrf IVoin liis asloiiishnient, lie com- manded thcni to taUe up their arms, adding, with a sullen, discimtented air, "'I'liat lor the future, he would not do them the honour to apply for their aiiprobation." THE KING RETRACTS HIS MEASURES. September 23. "While the king was dismayed with these symptoms of general disaft'iction, he received a letter from the nianiuis of Albeville, his minister at the Hague, which int'iirmed liin> with certainty, that he was soon to look for a powerful invasion from Holland ; and that j)cn- sionary Fagel hail at length acknowledged that the scope of all ihe Dutch naval jireparations wastotians- port forces into ICugland. Though .Tames could rea- sonably expect ivo otlier intelligence, he was astonished at the news : he grew pale, and the letter dropped from his hand : his eyes were noiv opened, and he found himself on the brink of a friglitful precipice, which liis delusions had hitherto concealed from him. His ministers and counsellnrs, equally astonished, saw no resource but in a sudden and piecipitate retraction of all those fatal measures by which he h.ad created to himself so many enemies, foreign and domestic. He paid court to the Dutch, and offered to enter into any alliance with them for connnon security : he replaced in all the counties the de])Uiy-lieuteiiants and justices, who had been dejuaved of their comniissions for their adherence to the test and the peiuil laws : ho restored the charters of London, and of all the cor- porations : he annulled the court of ecclesiastical com- mission : he took off the bishop of London's suspen- sion : he reinstated the expelled president and fellows of Magdalen college ; and he was even reduced to ca- ress those bishops whom he had so lately prosecuted and insulted All these measures were regarded as symptoms of fear, not of repentance. The bishops, instead of promising succour or suggesting comfort, recapitulated to him all the instances of his mal- administration, and advised him thenceforwards to follow more salutary counsel. And as intelligence ai'rived of a great disaster which had befallen the Dutch fleet, it is commonly believeii, that the kini^ recalled, for some time, the concessions which he had made to Magd den college : a bad sign of his sincerity in his other concessions. Nay, so ])revalent were his unfortunate jirepnssessions, that, amidst all his present distresses, he could not forbear, at the baptism of the young prince, appointing the pope to be one of the godfathers. The report, that a supposititious child was to be im- posed on the nation, had been widely spread, and greedily received, before the birth of the prince of AValeg : but the king, who. without seeming to take not'ce of the matter, might easily h 've quashed that ridiculous rumour, had, from an ill-timed haughtiness, totally neglected it. Ho di-daiued, he .said, to satisfy those who could deem him caj^iable of so base and villanous an action. Finding that the calumny gained ground, and had made deep impression on his sub- jects, he was now obliged to submit to the mortifying t.ask of ascertaining the reality of the birth. Though no particular attention had been beforehand given to insure proof, the evidence, both of the queen's preg- nancy and delivery was rendered indisputable ; and so much the more, as no .argument or proof of any im- poi'tauce, nothing but popular iimiour and surmise, could be thrown into the opposite scale. PRINCE'S DECLARATION. Meanwhile the prince of Orange's declaration was dispersed over the kingdom, and met with universal approbation. All the grievances of the nation were there enumerated : the dispensing and suspendin" power ; the court of ecclesiastical commission ; the filling of all oftices with catholics, ard the raisini' of a Jesuit to be privy-counsellor ; the open encourageiuoul; given to popery, by building everywhere churches, colleges, and seminaries, for that sect; the displacin" of judges, if they refused to give sentence according to orders received from court ; the annulling of the (barters of all the corporations, and subjecting of elec- tions to arbitrary will and jileasure ; the treating of petitions, even the most modest, and from persons of the highest rank, as criminal and seditious ; the com- mitting of the whole authority of Ireland, civil and military,into the hands of papists ; the assuming of an .absolute power over the religion and laws of Scotland, and openly exacting in that kingdom an obedience without reserve ; and the violent juesuuiptions against the legitim.acy of the prince oi Wales. In order to redress all these grievances, the prince said that he in- tended to come over to England with an .armed force, which might protect him froiu the king's evil counsel- lors ; and that his sole aim was to have a legal and free parliament assembled, who might provide for the safety and liberty of the nation, as well as exanMne the proofs of the prince of Wales's legitimacy. No one, he added, could entertain such hard thoughts of him as to imagine, that he had formed any other design than to i)rocure the full and lasting settlement of religion, liberty, and property. The force which he meant to bring with him w.as totally disproportionate to any views of conquest ; and it were absurd to suspect, that so many jiersons of high rank, both in clinrch and state, would have given him so many solemn invitations for such a pernicious purpose. Though the English ministers, terrified with his enter- ]u-ise, had pretended to redress some of the griev.anccs complaim-d of ; there still remained the foundation of all grievances, that upon which they could in an instant be again erected, an arbitrary and despotic power in the crown. And for this usurpation there was no possible lemedy, but by a full declaration of all the rights of the subject in a free p.arliament. So well concerted were the prince's measures, tliat, in three days, about four hundred transj)orts were hired ; the army quickly fell down the rivers and ca- nals from Nimeguen ; the artillery, arms, stores, and horses were embarked ; and the prince set .sail from Ilelvoet-Sluice, (2Ist October,) with a fleet of near five hmidred vessels, and an army of above fourteen tho'jsand men. He first encountered a storm, which drove him back : but his loss being soon repaired, the fleet put to sea under the command of admip-al Her- bert, and made sail with a fair wind towards the west of England. The same wind detained the king's fleet in their station ne.ar Harwich, and enabled the Dutch to pass the Straits of Dover without ojiposition. Both shores were covered with multitudes of people, who, besides admiring the grandeur of the spectacle, were held in anxious suspense by the prospect of an enterprise, the most important, which, during some ages, had been undertaken in Europe. Tlie prince had a prosperous voyage, and landed his army safely inTorb.ay on the fifth of November, the anniversary of the gunpowder-tre.ason. GENERAL COMMOTION. The Dutch army marched first to Exeter ; and the prince's declaration was there published. That whole county w.as so terrified with the executions which had ensued upon Monmouth's rebellion, that no one for several days joined the prince. The bishop of I-'xeter in a fright fled to London, and carried to court intelli- gence of the invasion. As a reward of his zeal, he re- ceived the arclibishiipric of York, which had long been kept v.acant, with an intention, as w.as universally be- lieved, of bestowing it on some catholic. The first person who joined the prince was m.ajor Burrington ; CuAP LXXI.] JAMES 11 1685-1688 boa tmi ho «ris qiiicUly followed liy tlie gentry of tlio coun- ties of Devon and Somei-set ; sir Edward Seymour made proposals for an association, wliich every one signed. IJy degrees, tlie carl of Abingdon, Mr. Kussel, son of the earl of Bedford, M'. Wharton, Ciodfrey, Howe, cam? to Exeter. All England was in commotion. Lord Uelamerc took arms in Cheshire ; the earl of Danby seized York ; the earl of IJath, governor of Plymouth, declaiTd for the prince ; the earl of Devonslilre mai'ja like declaration in Derby. The nobihtv and gentry of Nottinghamshire embraced the s;inie ra-.ise, and every day there ai)peared some eft'ect of that universal combination into wliicli the nation liad entered against the measures of the king. Even th ise wlio took not the held against liim, were ab'e to embarrass and confound liis counsels. A pcti ion for a free parliament was signed by twenty four bishops and peers of the greatest distinc- tion,. and was presented to tlie king. No one thought of 0)1 posing or resisting the invader. DESERTION OF THE AR.MY. But the most dangerous symptom was the disalTec- tion whit li, from the general spirit of the nation, not from any particular reason, had crept into the army. The officers seemed all disposed to jirefer the interests of their country and of their religion to those prin- ciples of honour and fidelity, wliicli are coianionly esteemed the most sacred ties by men of tliat profes- sion. Lord Colchester, son of the carl of Rivers, was the first officer that deserted to tlie jiriiice ; and he was attended by a few of his troops. Lord Lovelace made a like effort ; but was iutercejited by the militia, under tlie duke of Beaufort, and taken prisoner: lord Coriibury, son of the earl of Clarendon, was more snc- cessl'ul. He attempted to carry over tliree regiments of cavalry ; and he actually brought a considerable jjarl of tlicni to the prince's quarters. Several officers of distinction informed Fevershaui, the general, that they cuuld not in conscience fight against the prince of Orange. Lord Churchill had been raised from the rank of a page, had been invested with a high command in the army, had been created a peer, and had owed his whole fortune to the king's favour : yet even he could resolve, during the ])resent extremity, to desert liis unhappy master, who had ever reposed entire confi- dence in him. He carried with him the duke of Graf- ton, natural son of the late king, colunel Berkeley, and eonie troops of dragoons. This conduct was a signal sacrifice to public virtue of every duty in [irivate life; and reipiired, ever after, the most upright, dis- interested, and publicspirited behaviour to render it justifiable. The king had arrived at Salisbury, the hcid-ipiarters of his army, when ho received this fatal iutellij;ence. That [irinee, though a severe enemy, h;id ever appeared a warm, steady, and sincere friend, and he was ex- tremely shocked with this, as with many other in- stances of ingratitude, to which he w.is now exposed. There remained none in wiioin he could confide. As the whole army had discovered symptoms of discon- tent, he concluded it full of treachery; and beiu" de- serted by those whom he had most favoured and obliged, he no longer expected that others would hazard their liv. s in his service. During this distraction and perplexity, In; embraced a sudden resolution of drawin" off his army, and retiring towards London : (2.">tli No- vember:) a measure wliicli could only serve to betray his fears, and provoke further treachery. DESERTION OF PRINCE GEORGE AND OF TIU: PRINCESS ANNE. But Churchill had prepared a still more morfal blow for his distressed benefactor. His lady and lie had an entire ascendant over the family of prince Geoi"e of Vol. I. Denmark ; and the time now appeared seasonable for overwhelming the unhappy king, who was already staggering with the violent shocks which he had re- ceived. Andovcr was the first stage of James's retreat towards London; and there prince Georjje, together with the young duke of Ormond,* sir George Huet, and some other persons of distinction, deserted him in the night-time, and retired to the prince's camp. No sooner had this news reached London, than the princess Anne, pretending fear of the king's displea- sure, withdrew herself, in company with the bishop of London and lady Churchill. She fled to Nottingham ; where the earl of Dorset received her with great re- spect, and the gentry of the county quickly formed a troop for her protection. The late king, in order to gratify the nation, had in- trusted the education of his nieces entirely to protest- ants, and as these princesses were deemed the chief resource of the established religion after their father's defection, great care had been taken to instil into them from their earliest infancy, the strongest prejudices against popery. During the violence too of such po- pular currents as now prevailed in ICngland, all private considerations are commonly lost in the general pas- sion; and the more principle any person possesses, the more apt is he, on such occasions, to neglect and aban- don his domestic duties. Though these causes may ac- count for tliebeh.aviour of the princess, they had nowise jirepared the king to expect so astonishing an event. He hurst into tears, when the first intelligence of it was conveyed to him. Undoubtedly he foresaw in this incident the total expiration of his royal .authority : but the nearer and more intimate concern of a parent laid hold of his heart, when he found himself aban- doned in his uttermost distress by a child, and a virtu- ous child, wliom he had ever regarded with the most tender affection. " God help me," cried lie, in the ex- tremity of his agony, "my own children have forsaken me !" It is indeed singular, that a priiiec whose chief blame consisted in imprudences, and misguided prin- ciples, should be exposed, from religious antipathy, to such treatment as even Nero, Domitian, or the most enormous tyrants that have disgraced the records of history, never met with from their friends and family. So violent were the prejudices which at this time prevailed, that this unhappy father, who had been de- serted by his favourite child, was believed upon her disappearing, to have put her to death : and it was for- tunate that tiie truth was timely discovered ; other- wise the populace, even the king's guards themselves, might have been engaged, in revenge, to commence a luivssaere of the priests and catholics. The king's fortune now exposed him to the contem]>t of his enemies ; and his behaviour w.as not such as could gain him the esteem of his friends and adherents. Unable to resist the torrent, he preserved not presence of mind in yielding to it ; but seemed in this emer- gence as much depressed with adversity, as he had be- fore been vainly elated by prosperity. He called a council of all the peers and prelates who were in Lon- don ; and followed their advice in issuing writs for a new p.arliament, and in sending Halifa.x, Nottingham, and Godolpliin, as commissioners to treat with the prince of Orange. But these were the last acts of royal authority which he e.xerted. He even hearkened to imprudent counsel, by which he was prompted to desert the throne, and to gratify his enemies beyond what their fondest hopes could have promised them. 'i'lie queen, observing the fury of the people, and knowing how much she was the object of general hatred, was struck with the deepest terror, and began to apprehend a parliamentary impeachment, from which, she was told, the queens of England were not exempted. The popisli courtiers, and, above all, tho • Ilis vrandrathcr, the fir-t duke of Ormor'l, ha-* c'icj Uiii j-ow, OD tfio ?Is: o; July, fvCO THE HISTORY OF ENGLAND. [Chap. LXXI pi iests, were a\v.ire, tliat they should be tlie first, sa- crifice, and that their iierpotual hanisliment was tlie smallest [.enaltv which they must expect irom national resentment. They were, therefore, desirous ot carry- in" the king along with them ; whose presence, they ki"ew, would still be some resource and protection to them in foreign countries, and whose restoration, if it ever happened, would again reinstate tiiem ii> power and authority. The general defection of the protest- ants made the king regard the catholics as his only subjects, on wliose counsel lie could rely ; and the fatal catastrophe of his father afforded tliem a plausible rea- son for making him apprehend a like fate. Tlie great difference of circumstances was not, during men's pre- sent distractions, sufficiently weighed. Even after the people were inflamed by a long civil war, the e.^ecu- tioii of Charles I. could not be deemed a national deed : it was perpetrated by a fanatical army, pushed on by a daring and euthusiastical leader; and the whole kingdom had ever entertained, and did still en- tertain, a violent abhorrence against that enormity. The situation of public affairs, therefore, no more resem- bled what it was forty years before, than the prince of Orange, either in birth, character, fortune, or con- nexions, could be supDosed a parallel to Cromwell. The emissaries of France, and, among the rest. Ca- rillon, the French ambassador, were busy about the king; and they had entertained a very false notion, which they instilled into him, that nothing would more certainly retard the public settlement, and beget uni- versal confusion, than his deserting the kingdom. The prince of Orange had with good reason embraced a contrary opinion ; and he deemed it extremely difficult to find expedients for securing the nation, so long as the king kept possession of the crown. Actuated, therefore, by this public motive, and no less, we ni.ay well presume, by private ambition, he was determined to use every expedient which might intimidate the king, and make him quit that throne which he himself was alone enabled to fill. He declined a personal con- ference with James's commissioners, and sent the earls of Clarendon and Oxford to treat with them : the terms which he proposed, implied almost a present participation of the sovereignty: and he stopped not a moment the march of his army towards London. The news which the king received from all quarters served to continno the panic into which he was fallen, and which his enemies expected to improve to their advantage. Colonel Copel, deputy-governor of Hull, made himself master of that important fortress ; and threw into prison lord Langdale, the governor, a catho- lic ; together with lord Montgomeiy, a nobleman of the same religion. The town of Newcastle received lord Lumley, and declared for the prince of Orange and a free parliament. The duke of Norfolk, loid- lieutenant of the county of that name, engaged it in tlie same measure. The prince's declaration was read at Oxford by the duke of Ormond, and was received witli great applause by that loyal university, who also made an ofi'er of their plate to the prince. Every day, some person of quality or distinction, and among the rest the duke of Somerset, went over to the enemy. A violent declaration was dispersed in the prince's name, but without his participation ; in wliich every one was commanded to seize and punish all papists, who, contrary to law, pretended either to carry arms, or exercise any act of authority. It may not be un- worthy of notice, that a merry ballad, called Lilli- ballero, being at that time published in derision of the papists and the Irish, it was greedily received by the people, and was sung by all ranks of men, even by the king's army, who were strongly seized with the national spirit. This incident both discovered, and served to increase, the general discontent of the kingdom. The conta.<;ion of mutiny and disobedience had alto reached Scotland, whence the regular forces, contrary to the advice of Balcarras, the treasurer, were witli- drawn, in order to re-enforce the English army. The marquis of Athole, together with viscount Taibat, and others, finding the oi>portunity favourable, began to form intrigues against I'erth, the chancellor ; and the presbyterians and other malcontents flocked from all quarters to Edinburgh. The chancellor, apprehensive of tlie consequences, found it expedient to abscond ; and the populace, as if that event were a signal for their insurrection, immediately rose in arn^s, and rifled the popish chapel iu the king's palace. All the catho- lics, even all the zealous royalists, were obliged to conceal themselves ; and the privy-council, instead of their former submissive strains of address to tlie kiug; and violent edicts against their fellow-subjects, now made applications to the prince of Orange, as the re- storer of law and liberty. KING'S PLIGHT. December 12. The king,every moment alarmed, more and more, bj these proofs of a general disaffection, not daring to re- pose trust in any but those who were exposed to mora danger than hiiuself, agitated by disdain towards in- gratitude, by indignation against disloyalty, impelled by his own fears and those of others, jirecipitately em- braced the resolution of escaping into France, and ho sent oft' beforehand the queen and the infant prince, under the conduct of count Lauzun, an old favourite of the French monarch. lie himself disappeared in the night-time, attended only by sir Edward Hales ; and made the best of his way to a ship which waited for him near the mouth of the river. As if this mea- sure had not been the most grateful to his enemies of any that he could adopt, he had carefully concealed his intention from all the world ; and nothing could equal the surprise which seized the city, the court, and the kingdom, upon the discovery of this strange event. Men beheld, all of a sudden, the reins of government thrown up by the hand which held them; and saw none, who had any right, or even pretension, to talce pos- session of them. The more eft'ectually to involve everything iu confu- sion, the king appointed not any one, who should, in his absence, exercise any part of the administration ; he threw the gi-eat seal into the river; and he recalled all those writs which had been issued for the election of the new parliament. It is often supposed, that the sole motive which impelled iiini to this sudden deser- tion, was his reluctance to meet a free parliament, and his resolution not to submit to those terms which his subjects would deem requisite for the security of their liberties and their religion. But it must be considered, that his subjects had first deserted him, and entirely lost his confidence ; that he might reasonably be sup- posed to entertain fears for his liberty, if not for his life; and that the conditions would not probably be mode- rate, which the nation, sensible of his inflexible temper, enraged with the violation of their Iftws and the danger of their religion, and foreseeing his resentment on ac- count of their past resistance, would, in his present circumstances, exact from him. liy this temporary dissolution of government, the populace were masters ; and there was no disorder which, during their present ferment, might not be dreaded from tliem. Tliey rose in a tumult and de- stroyed .all the mass-houses. They even attacked and rifled the houses of the Florentine envoy and Spanisli ambassador, where many of the catholics had lodged their most valuable effects. .left'ries, the cli.ancellor, who had disguised himself, in order to fly the kingdom, was discovered by them, and so abused, that he died a little after. Even the army, which should have sup- pressed those tumults, would, it was apprehended, serve rather to increase the general disorder. Fever- sham had no sooner heard of the king's flight, than he disbanded the troops in the neighbourhood, and, with- out either disarming or paying them, let them loose to prey upon the country. Chap. LXXI.] JAMES II. 1685-1688. eC7 III tliis o.xtieinity, the bishops ami pecTS who were in towii, bi'iii;; the only reniaisiiiig aiiihojity of tlie state (for the privj-comicil, composed of the king's creatures, w;is totally disrenarcled,) tlioiight j^roper to assemble, a;id to interpose for tlieiireservatiouof the coinmiiuity. They cho^-e the marquis of llalif^ix speaker: they gave directions to the mayor and aldermen for keejiing the peace of the city: they issued orders, which were rea- dily obeyed, to the fleet, the army, and all the garri- sons : and they made applications to the prince of Orange, whose enterprise they highly applauded, and whose success tliey joyfully congratulated. The prince, on his part, w;is not wanting to the tide of success w liicli flowed in upon him, nor backward in assuming that authority which the iire.siiit exigency had put into his hands. Besides tliegeneral popularity attending his cause, a new incident rjiade his approach to London still more grateful. In the present trepi- dation of the people, a rumour arose, either from chance or design, that the disbanded Irish had taken arms, and had commenced an universal massacie of the protestants. This ridiculous belief was spread all over the kingdom in one day ; and begat everywhere the deepestconsternation. The alarm-bells weie rung; the beacons fired; men fancied that they saw at a dis- tance the smoke of the burning cities, and heard the groans of those who were slaughtered in their neigh- bourhood. It is surjirising, that the catholics did not all perish, in the r.nge whicli naturally succeeds to such popular panics. KING SEIZED AT FEVERSHAM. While every one, from principle, interest, or ani- inosily, turned his back on the unhappy king, who had abandoned his own cause, the unwelcome news arrived, th;;t he had been seized by the populace at Fevershani, as he was making his escape in disguise ; that he had I'ocii much abused till he was known; but that the ;.iMtry had then inteiposed and protected him, though lliey still refused to consent to his escape. 'J'his intel- ligence threw all parties into confusion. The prince seut Zuylestein with orders, that the king should ap- pi-oacli no nearer than Uochester; but tlie message came too late. Ue was already arrived in London, where the populace, moved by compassiou for his nu- hajipy fate, and actuated by their own levity, had received him with shouts and acclamations. During the king's abode at Whitehall, little attention was |)aid to him by the nobility or any persons of dis- tincticn. They had, all of them, been previously dis- gusted on account of hia blind parti.ility to the catho- lics ; and they knew that they were now become cn- minal in- his eyes, by their late juiblic applications to the prince of Orange. He himself showed not any symptoms of sjiirit, nor discovered any intention of resuming the reins of government, which he had once ilirown aside. His authority was now plainly expired; and as he had exercised his power, while possessed of it, with very precipiUite and haughty counsels, he relinquished it by a despair equally precipitate and pusillanimous. .Nothing remahied for the now ruling powers but to deliberate how they should dispose of his person. Be- sides that the prince may justly be supposed to have possessed more generosity than to think of offering violence to an unhap|>y monarch, so nearly related to him, he knew that nothing would so effectually pro- mote his own views ivs the king's retiring into France, a country at all times obno.xious to the Englisli. It w:is dL'termined, therefore, to push him into that measure, which, of himself, he seemed sufficiently inclined to eni- biace. The king having sent lord Feve.sham on ,i civil nies.s,ige to the prince, desiring a conference for an uccoininodation in order to the public settlement, that iiohleman was put in arrest, uniler pretence of his com- ing without a ijassjjort : the Dutcii guards were ordered to take possession of Whitehall, where James then re- sided, and to displace the Englisli : and Halifax, SJirews- bury, and Delamere, brought a message from the prince, which they delivered to the king in bed after midnigiit, ordering liiin to leave iiis pahice next morning, .and to depart fur Ham, a seat of the duchess of Lauderdale's. lie desired permission, which was easily granted, of retiring to Uochester, a town near the sea-coast. It was perceived, that the aititicehad taken effect; and that the king, terrified with this harsh treatment, had renewed his former resolution of leaving the kingdom. SECOND ESCAPE. December 23. He lingered, however, some days at Rochester, under the protection of a Dutch guard, and seemed desirous of an invitation still to keep possession of the throne. He w.as undoubtedly sensible, that, .as he had at fiist trusted too much to his people's loyalty, and, in confi- dence of their submission, had otl'ered the greatest vio- lence to their principles and prejudices; so had he, at last, on finding his disappointment, gone too far in the other extreme, and had hastily supposed them desti- tute of all sense of duty or allegiance. 15ut observing that the ehuith, the nobility, the city, the country, all concurred in neglecting him, and leaving him to liis own counsels, he submitted to his melancholy fate; and being urged by earnest letters from the queen, he [irivately embarked on board a frigate which waited for him; and he arrived safely at Anibleteuse in Pi- caidy, whence he hastened to St. Gerniains. Louis received him with the highest generosity, sympathy, ami regard; a conduct which, more than his most sig- nal victories, contributes to the honour of that great monarch. KING'S CHARACTER. Thus ended the reign of a prince, whom, if we con- sider his personal character rather than his public con- duct, we may safely pronounce more unfortunate than criminal. He had many of those qualities which form a good citizen ; even some of those which, had they not been swallowed up in bigotry and arbitrary princi- ples, serve to compose a good sovereign. In domestic life his conduct was irreproachable, and is entitled to our approbation. Severe, but open in his enmities, steady in his counsels, diligent in his schemes, bravo in his enterprises, faithful, sincere, and honourable in his dealings willi all men: such was the charact,-;r with which the duke of York mounted the throne of Eng- land. In that high station, his frugality of public money was remarkable, his industry exemplary, his application to naval affairs successful, his encourage- mcnt of trade judicious, his jealousy of national honour laudable: what then was wanting to make him an exeellent sovereign ? A due regard and afTection to 'Jie religion and constitution of his country. Had he been possessed of this essential quality, even his middling talents, aided by so niany virtues, would have rendered his reign honourable and happy. When it was want- ing, every excellency which he possessed became dan- gerous and pernicious to his kingdoms. The sincerity of this prince (a virtue on which he highly valued himself) has been much questioned in those reiterated promises which he had ni.ade of pre- serving the liberties and religion of the nation. It must be confessed, that his reign was almost one con- tinued invasion of both ; yet it is known, that to his last breath, he persisted in asserting, that he never meant to subvert the laws, or procure more than a tole- ration and an equality of privileges to his catholic sub- jects. This question can only affect the personal cha- racter of the king, not our judgment of his public con- duct. Though by a stretch of candour we should admit of his sincerity in these professions, the people were equally justifiable in their resistance of him. So lofty was the idea which he had entertained of his legal authority, that it left his subjects little or no right (o 8GS THE HISTORY OF ENGLAND. [Cu.ip. LXXI liberty, but what was dpppiidiMit on liis sovereign will and pleasure. And sucli was liis zeal for proselytism, that whatever lie might at first have intended, he plainly stopped not at toleration and equality : he con- fined all power, cnionragcmeut, and favour to the catholics : converts from interest would soon have mul- tiplied upon liim : if not the fjreater, at least the better part of the people, lie would have flattered himself, was brou};ht over to his reli;;ion : and he would in a little time have thouglit it just, as well as pious, to be- stov/ on tlieiii all tlie public establishments. Kiyoors and persecutions against heretics would speedily iiave followed; and thus liberty and the protestaut leligion ■would in the issue have been totally subverted ; though we should not suppose that James, in the commence- ment of his reign, had formally fixed a plan for that purpose. And, on the whole, allowing this king to have possessed good qualities and good intentions, his conduct serves only, on that very account, as a stronger proof, how dangerous it is to allow any prince, infected with the catholic superstition, to wear the crown of tlicse kingdoms. After this manner, the courage and abilities of the prince of Orange, seconded by surprising fortune, had effected the deliverance of tliis island ; and with very little effusion of blood (for only one officer of the Dutch army and a few private soldiers fell in an accidental skirmish) had dethroned a great prince, supported by a formidable fleet and numerous army. Still the more difficult task remained, and what perhaps the prince regarded as not the least import.ant, the obtaining for himself that crown, which had fallen from the liead of his father-in-law. Some lawyers, entangled in the sub- tleties and forms of tlicir profession, could think of no expedient, but that the prime should claim the crown by right of conquest ; should immediately assume the title of sovereign ; and sliould call a parliament, which, being thus legally summoned by a king in possession, could ratify whatever had been transacted before they assembled. Biit this measure, being destructive of the principles of liberty, the only principles on which his future throne could be established, was prudently rejected by the prmce, who, finding himself pos- sessed of the good-will of the nation, resolved to leave them entirely to their own guidance and direc- tion. Tlie peers and bishops, to the number of near ninety, made an address, desiring him to summon a convention by circular letters; to assume, in the mean time, the management of public affairs; and to concert measures for the security of Ireland. At the same time, they refused reading a letter, wliich the king had left, in order to apologize for his late desertion, by the violence which had been put upon him. This step was a sufficient indication of tlieir intentions with regard to that unhappy monarch. CONVENTION SUMJIONED. The prince seemed still unwilling to act upon an au- thority, which might be deemed so imperfect : he was desirous of obtaining a more express declaration of the public consent. A judicious expedient was fallen on for that purpose. All the members, who had sitten in the house of commons duringany parliament of Charles II. (the only parliaments whose election was regarded as free) were invited to meet ; and to them were added the mayor, aldermen, and fifty of the common-councih This was regarded as the most pioper representative of the people that could be summoned during the pre- sent emergence. They unanimously voted the same ad- dress with the lords : and the prince, being thus sup- ported by .ill the legal authority wliich could possibly be obtained in this critical juncture, wrote circular letters to the counties and corporations of England; and his orders were universally com|)lied with. A profound tranquillity prevailed throughout the kingdom; and the [jrincc's administration was submitted to, as if lie tad bucceeded in the most regular nuinner to the vacant throne. The fleet received his orders: the army, with- out murmur or opposition, allowed him to new-model them: and the city supplied him with a loan of two hundred thousand pounds. SETTLEMENT OF SCOTLAND. January 7, 16S ims. Finding that there were many Scotchmen of rank at that time in London, he summoned them toge- ther, laid before them his intentions, and asked their advire in the present emergency. Tliis assembly, con- sisting of thirty noblemen and about fouiseore gentle- men, chose duke Hamilton president; a man who, being of a temporising character, was determined to pay court to the jiresent authority. His eldest son, the earl of Arran, professed an adherence to king James; a usual jioliey in Scotland, where the father and sou, during civil commotions, were often observed to take opiiosite sides, in order to secure, in all events, the family from attainder. Arran proposed to invito back the king upon conditions; but as he was vehe- mently opposed in this motion by sir I'atiic Hume, and seconded by nobody, the assembly made an offer to the prince of the present administration, which he willingly accepted. To anticijiate a little in our narra- tion, a convention, by circular letters from the prince, was summoned at Edinburgh on the twenty-second of JIarch ; where it was soon visible, that the interest of the malcontents would entirely prevail. The more zealous royalists, regarding tliis assembly as illegal, had forboineto appear at elections ; and the other part WQV'S returned for most places. The revolution was not, in Scotland, as in England, effected by a coalition of whig and tory : the furuier party alone had over- pox^'ered the government, and were too much enraged by the past injuries which they had suffered, to admit of any composition Avitli their former ma'-ters. As soon as the purpose of the convention was discovered, the earl of Balcarras and viscount Dundee, leaders of the tories, withdrew from Edinburgh; and the convention having passed a bold and decisive vote, that king James, by his nial-administration iind his abuse of power, had forfeited all title to the crown, they made a tender of the royal dignity to the prince and princess of Orange. ENGLISH CONVENTION MEETS. January 22. The English convention was assembled ; and it im- mediately appeared, that the house of commons, both from the prevailing hun:our of the people, and from the influence of present authority, were nu)stly chosen from among the wliig party. After thanks were unanimously given by both houses to the prince of Orange, for the deliverance which he had brought them, a less decisive vote than that of the Scottish couvention was in a few days passed by a great majority of the commons, and sent up to the peers for their concurrence. It was contained in these words : " That king James II., hav- ing endeavoured to subvert the constitution of the king- dom, by breaking the original contract between king andjieoiile; and having, by the advice of Jesuits and other wicked persons, violated the fundamental laws, and withdrawn himself out of the kingdom, has abdi- cated the government, and iliat the throne is thereby vacant." This vote, when carried to the upper house, met with great opposition ; of which it is liere neces- sary for us to explain the causes The tories and the high-church party, finding them- selves at once menaced with a subversion of the laws and of their religion, had zealously promoted the na- tional revolt, and had on this occasion departed from those principles of non-resistance, of which, while the king favoured them, they had formerly made such loud professions. Their present apprclicnsions had pre- vailed over their political tenets ; and the uutortuuatG CflAP. LXXI.] JAMES II. 1C!?5— lfiS8. 869 James, wlio had too much trusted to those general de- chirations, whicli never will be reduced to practice, found iu the issue, that botli parties were secretly united ajjaiiist him. But no sooner was the dan^-er past, and the general fears somewhat allayed, than party prejudices resumed, in some degree, their former authority; and the tories were abashed at that victory, which tlieir antagonists, during the late transactions. had obtained over them. They were inclined, there- fore, to steer a middle course; and, though generally determined to oppose the king's return, lliey resolved not to consent to dethroning him, or altering the line of succession. A regent with kingly power was the expedient which thoy proposed; and a late instance in Portugal seemed to give some autliority and precedent to that plan of government. In favour of this scheme the tories urged, that, by the uniform tenor of the Knglish laws, the title to the crown wiis ever regarded as sacred, and could, on no account, and by no mal-adnilnistraiion, be forfi'ited by the sovereign : that to dethrone a king and to elect his succeisor, was a pr.ictice quite unknown to the constitution, and had a tendency to render kingly power entirely dependent and precarious : that where the sovereign, from his tendei- years, from lunacy, or from other natural infirmity, was incapacitated to hold the reins of government, both the laws and former practice agreed in appointing a regent, who, during the interval, was invested with the whole power of the ailiuinistratiou : that the inveterate and dangerous prejudices of king James had rendered him as unfit to sway the English sceptre, as if he had fallen into lunacy; and it was therefore natural for the people to have recourse to the same remedy : that the election of one king was a precedent for the election of ano- ther; and the government, by that means, would either degenerate into a republic, or, what was worse, into a .seditious monarchy: that the case was still more dan- gerous, if there remained a prince, who claimed the crown by right of succession, and disputed, on so plausible a ground, the title of the present sovereign : that though the doctrine of non-resistance might not, in every jiossible circumstance, be absolutely true, yet was the belief ot* it very expedient ; and to establish a gov;runient, which should have the contrary principle for its basis, was to lay a foundation for perpetual revo- lutions and convulsions : that the appointment of a regent w:is indeed exposed to many inconveniences ; but so long as the line of succession was preserved en- tire, there was still a prospect of putting an end, some time or other, to the public disorders : and that scarcely an instance occurred in history, especially in the Eng- lish history, where a disputed title had not, in the issue, been attended with much greater ills, that all those whicli the people had sought to shun, by departing from the lineal successor. , . * , . . . ^ The leaders of the whig party, on the, other h.and, assjr'ed, that, if there were any ill in the precedent, that ill would result as much from establishing a re- gent, as from dethroning one king, and appointing his successor; nor would the one expedient, if wantonly and rashly embraced by the people, be less the source of public convulsions than the other : that if the laws gave no express permission to dethrone the sovereign, neither did they authorize resisting his authority, or separating the power fi'om the title : that a regent w-as unknown, except where the king, by reason of his tender age or his infirmities, was incapable of a will ; and in that case, his will was supposed to be involved in that of the regent: that it would be the height of absurdity to try a man for :ictiug upon a commission re- ceived from a prince, whom we ourselves acknowledge to be tln^ lawful sovereign ; and no jury wouhl decide so contrary both to law and comumn sen.sc, as to con- demn such a pretended criminal : that even the pros- pect of being delivered from this monstrous inconve- nience was, in the present situation of affairs, more distant than that of putting an end to a disputed suc- cession : that allowing the young prince to be the In- gitlmatc heir, he had been carried abroad ; he would he educated in principles destructive of the constitu- tion and established religion ; and he would jirohahly leave a son, liable to the same insuperable objection . that If the whole line were cut otf by law, the people would In time forget or neglect their claim ; an advau- t.ige which could not be hoped for, while the adminis- tiatlon w;is conducted in their name, and while they were still acknowledged to possess the legal title : and that a nation thus perpetually governed by regents or protectors, approriched much nearer to a republic than one subject to monarchs, whose hereditary regular suc- cession, as well as present authority, w:is fi.xed and ap- pointed by the people. This question was agitated with great zeal bv the opposite parties in the house of peers. The chief speakers among the lories were. Clarendon, Rochester, and Nottingham ; among the whigs, Halifax and Danby. 'J"he question was carried for a king by two voices only, fifty-one against forty-nine. All the pre- lates, except two, the bishops of London and liristol, voted for a regent. The primate, a disinterested but pusillanimous man, kept at a distance, both from the prince's court and from parliament. The house of peers proceeded next to examine piece- meal the vote sent up to them by the commons. They debated, "Whether there weie an original contract between king and people?" and the affirmative was carried by filty-three against foity-six; a proof that the tories were already losing ground. 'J'he next question wjis, " Whether king James had broken that original contract ?" and, after a slight opposition, the affirmative prevailed. The lords proceeded to take into consider- ation the word abdicated; and it was cariied that de- serted was more proper. The concluding question was, " Whether king James, having broken the original contj'act and deserted the government, the throne was thereby vacant!" This question was debated with more heat and contention than any of the former; and upon a division, the tories prevailed by eleven voices, and it was carried to omit the last article, with regard to the vacancy of the throne. The vote was sent back to the commons with these amendments. The earl of Danby had enterta'.ned the project of be- stowing the crown solely upon the princess of Orange, and of admitting her as hereditary legal successor to king James ; passing by the infant prince, as illegiti- mate or supposititious. His change of party in the last question gave the tories so considerable a majority in the number of voices. FREE CONFERENCES BETWIXT THE ■ '. HOUSES. • - ■ . The commons still insisted on their own .vote, and , sent up reasons why the lords should depart from their amendments. The lords were not convinced ; and it was necessary to have a free conference, in order to settle this controversy. Never surely w.as national debate more important, or managed by more able speakers ; yet is one surprised to find the topics in- sisted on by both sides so frivolous; more resembling the verbal disputes of the schools, than the solid rea- sonings of statesmen and legislators. In public trans- actions of such consequence, the true motives which produce any measure are seldom .avowed. The whigs, now the ruling party, having uiiiteil with the tories, in order to bring about the Revolution, had so much deference for their new allies as not to insist that tho crown should be declared forfeited, on account of the king's nial-administr,.tion : such a declaration, they thought, would imply too express a censure of the old tory principles, and too open a ]>reference of their OTvn. They .agreed, therefore, to coufouud together the king's abusing his power, and his withdrawing from the king- dom ; and they called the wiiole an abdication ; .is if li'.> bad given a virtual, though not a verbal consent to de- &70 THE HISTORY OF ENGLAND [Chap. LXXI tlironinf himself. The toiles look ndv.intage of this ohvious iniiiropiiety, which )iad been ocp.-i.sioned merol.v liy the coinphiisance or prudence of the whigs ; and they insisted upon the word rfesprtion, as more signifi- cant and intelligible. It was retorted on them, timt liowever that expression might be justly applied to the king's withdrawing himself, it couid not, with any pro- priety, be extended to his violation of the fundamental laws. And thus both parties, while they warped their principles from regard to their antagonists, and from prudential considerations, lost the praise of consistence and uniformity. The managers for the lords next insisted, that even allowing the king's abuse of power to be equivalent to an .abdication, or, in other words, to a civil death, it could operate no otherwise than his voluntary resigna- tion, or his natural death ; and could only make way for the next successor. It was a maxim of Englisli law, that the throne was never v.iicant : but instantly, upon the demise of one king, was filled with his legal heir, who was entitled to all the autliority of his pre- decessor. And however young or unfit for govern- ment the successor, however unfortunate in his situa- tion, though he were even a captive in the hands of public enemies ; yet no just reason, they thought, could be assigned why, without any defixult of his own, he should lose a crown, to which, by birth, he was fully ifntitled. The managers for the commons might have opposed this reasoning by many specious, and even solid arguments. They might have said, that the great security for allegiance being merely ppinion, any scheme of settlement should be adopted, in which it was most probable the people would acquiesce aud persevere : that though, upon the natural death of a king, whose administration had been agreeable to the laws, many and great inconveniences would be en- dured, rather than excliule his lineal successor, yet the case was not the same, when the people had been obliged, by their revolt, to dethrone a prince whose illegal measures had, in evei'y circumstance, violated the constitution : that, in these exti-aordinary revolvi- tions, the government reverted, in some degree, to its first principles, and the community acquii-ed a right of providing for the public interests by expedients which, on other occasions, might be deemed violent and irre- gular : that the recent use of one extraordinary remedy reconciled the people to tl'.e practice of another, and more familiarised their minds to such licences, than if the government had run on in its usual tenor : and that king James, having carried abroad his son, as well as withdrawn himself, had given such just provocation to the kingdom, had voluntarily involved it in such difficulties, that the interests of his family were justly sacrificed to the public settlement and tranquillity. Tliough these topics seemed reasonable, they were en- tirely forborne by the whig managers; both because they implied an acknowledgment of the infant prince's legitimacy, which it w.-is agreed to keep in obscurity, and because they contained too express a condemna- tion cf tory principles. They were content to main- tain the vote of the commons by shifts and ev.asions ; aud both sides parted at last without coming to any agreement. But it was impossible for the public to remain long in the present situation. The perseverance, therefore, of the lower house obliged the lords to comply; and, by the desertion of some peers to the whig party, the vote of the commons, without any alteration, passeil by a majority of fifteen in the upper house, and received the sanction of every part of the legislature which then subsisted. It happens unluckily for those who maintain an original contract between the magistrate and people, that great revolutions of government, and now settle- ments of civil constitutions, are commonly conducted with such violence, tumult, and disorder, that the pub- lic voice can scarcely ever be heard ; and the opinions of the citizens are at that time less attended to than even in the common course of admiuihtration, Thfl present transactions in England, it must be confessed, are a singultir exception to this observation. The new elections had been carried en with gieat tranquillity and freedom ; the prince had ordered the troops to depart from all the towns where the voters assembled : a tumultuary petition to the two houses having been promoted, he took care, though the petition was calcu- lated for his .advantage, effectually to suppress it : he entered into no intrigues, either with the electors or the members : he kept himself in a total silence, as if he had been nowise concerned in these transactions: and, so far from forming cabals with the leaders of parties, he disdained even to bestow caresses on those whose assistance might be useful to him. This con- duct was liighly meritorious, and discovered great moderation aud magnanimity; even though the prince unfortunately, through the whole course of his life, and on every occasion, was noted for an address so cold, dry, and distant, that it was very difficult for him, on account of any interest, to soften or familiarize it. At length the prince deigned to break silence, and to express, though in a private manner, his sentiments on the present situation of affairs. He called together Halifax, Shrewsbury, Dauby, and a few more; and he told them, that having been invited over to restore their libei'ty, lie had engaged in this enterprise, and had at last happily cH'ected his purpose. 'J'hat it be- longed to the parliament, now chosen and assembled with freedom, to concert measures for the public settle- ment; and he pretended not to interpose in their de- terminations. That he heard of several schemes pro- posed for establishing the government : some insisted on a regent ; others were desirous of bestowing the crown on the princess: it was their concern alone to choose the plan of administration most agreeable or advantageous to them. That if they judged it proper to settle a regent, he h.ad no objection : he only thought it incumbent on him to inform them, that he was de- termined not to be the I'egeut, nor ever to engage in a scheme which, he knew, would be exposed to such in- superable difficulties. That no man could have a juster or deeper sense of the princess's merit than he was impressed with; but he would rather remain a private person than enjoy a crown which must depend on the will or life of another. And tliat they must therefore make account, if they were inclined to either of these two plans cf settlement, that it would be totally out of his power to assist tiiem in carrying it into execution ; his aifairs abroad were too important to be abandoned for so precarious a dignity, or even to allow liim so much leisure as would bo I'equisite to in- ti'oduce order into their disjointed government. These views of the prince weie seconded by the princess herself, who, as she possessed many virtues, was a most obsequious wife to a husband, who, in the judgment of the generality of her^cx, would have ap- peared so little attractive and amiable. All consider,".- tions were neglected, when they came in competition with what she deemed her duty to the prince. AVIieu Danby and others of her partisans wrote her an account of their schemes and |iroceedings, she expressed great displeasure ; and even transmitted their letters to her husband, as a sacrifice to conjugal fidelity. The prin- cess Anne also concurred in the same plan for the pub- lic settlement ; and being promised an ample revenue, was content to be postponed in the succession to the crown. Aud as the title of her infant brother was, in the present establishment, entirely neglected, she might, on the whole, deem herself, in point of interest, a gainer by this Revolution. SETTLEMENT OF THE CROWN". The chief parties, therefore, being agreed, the con- vention passed a. bill, in which they settled the croiva on the prince and princess of Orange, the sole admi- nistration to remain in the piince; the princess of CnAP. I.XXI.] JAMF.S 11. I(i85— 1688. 871 Dcnni;nk to succeed after llio death of the prince and princess of Orange ; lier posterity after tlio.se of tlie princess, but before those of tlie prince by any other wife. Tlie convention anne.Ned to this settlement of tlie crown a declaration of rij^hts, where all the points which had, of late years, been disputed between the king and people were finally dcteinnueil ; and the powers of royal prerogative were luoie narrowly cir- ciiniscribed and inoro e.\actly defined, than in any former period of the Knglish govermnent. MANNERS, ARTS, AND SCIENCES. Thus have we seen, through tlic whole course of four reigns, a continual struggle niaiutainod between the crown and the peojile ; jirivilege and prerogative were ever at variance : and both parties, beside the present object of dispute, had nniuy latent claims, which, on a favourable occasion, they ]ir(idiiccd against their adversaries. Governments too steady and uni- form, as they are seldoui free, so are they, in the judgment of some, attended with another sensible in- convenience : tliey abate the active powers of men ; depress courage, invention, and genius; and juoiluce an universal lethargy in the people. Though this opinion may be just, the fluctuation and contest, it must be allowed, of the Knglish government wevc, during these reigns, nuicli too violent both for the re- pose and safety of the people. Foreign affairs, at that time, were either entirely neglected, or managed to p-'rnicious purjmscs : and in the domestic adiiiiiiis- tration there was felt a continued fever, either secret or manifest ; sometimes the most fiirio\is convulsions and disorders. The Uevobitlon forms a new epoch in the constitution; and was probably attended with cou- seiiueneesmore advantageous to the peojile, than barely freeing them from an exceptionable administration. liy deciding many important (luestions in favour of liberty, and still more by that great precedent of de- posing one Icing, and establishing a new family, it gave sucli an ascendant to popular principles, as has put the nature of the F.nglish constitution beyond all contro\ersy. And it may justly be affirmed, without any danger of exaggeration, that we, in this island, have ever since enjoyed, if not the best system of go- vernment, at least the most entire system of liberty, that ever was known amongst mankind. To decry with such violence, .as is affected by some, the whole line of Stiuxrl; to maintain, that their admi- nistration was one continued encroachment on the in- conlcslable rights of the peo])lc ; is not giving due honour to that great event, which tiot only puts a period to their hereditary succession, but made a new settlement of the whole constitution. The incon- veuiencies suffered by the people under the two first reigns of that family (for in the main they were for- tunate) proceeded in a great measure from the un- avoidable situation of affairs ; and scarcely anything could have prevented those events, but such vigour of genius in the sovereign, attended with such good for- tune, as might have enabled him entir(dy to over- power the liberties of his people. While the parlia- ments, in those reigns, were taking advantage of the necessities of the prince, and attempting every session to abolish, or circum.scribe, or define, some prero- gative of the crown, and innovate in the usual tenor of government ; what could be expected, but that the prince would exert himself in defending, against such inveterate enemies, an authority which, during the most regular course of the former l^nglish govern- ment, had been exercised without dispute or contro- versy ? And though Charles II , in 16/2, may with reason be deemed the aggressor, nor is it possible to justify his conduct; yet were there some motives, Biirely, which could engage a prince so soft and indo- lent, and at the same time so judicious, to attempt such hazardous enterprises. He felt tlial public nffail^ had reached a situation at which they could not pos- sibly remain without some further innovation. Fre- quent parliaments were become almost absolutely ne- cessary to the conducting of public business; yet these assemlilic-s were still, in the judgment of the royalists, much inferior in dignity to the sovereign, whom they seemed better calculated to counsel tlian control. The crown still possessed considerable power of opposing liailiaments ; and Imd not as yet acquired the means of infliiencing them. Hence a continual jcalcusy be- tween these parts of the legislature : hence the in- clination mutually to take advantage of each otIier'B necessities: hence the impossibility, under which the king lay, of finding ministers, who could at once be serviceable and faithful to him. If he followed his own choice in appointing his servants, without reg.ard to their parliamentary interest, a refractory session was instantly to be expected : if he chose them from among the leaders of popular assemblies, they either lost their influence with the people, by adhering to the crown, or they betrayed the crow n, in order to preserve their influence. Neither Ilambdcn, whom Charles I. was willing to gain at any jirice ; nor Sluiftesbury, whom Charles II., after the popish plot, attempted to engage in his counsels, would renounce their popularity for the precarious, and, as they es- teemed it, deceitful favour of the prince. The root of their authority they still thought to lie in the parliament; and as the power of that assembly was not yet uncontrollable, tliey still resolved to augment it, though at the expense of the loyal prero- gatives. It is no wonder that these events have long, by tho reiiri'seutatiims of faction, been extremely i loaded and obscured. No man has yet arisen, who has paid an entire reg.avd to truth, and has dared to expose her, without covering or disguise, to the eyes of the prejudiced public. K\en that party amongst us, which boasts of the highest regard to liberty, has not pos- sessed sufficient liberty of thought in this particular, nor h.as been able to decide impartially of llieir own merit, compared with that of their antagonists. More noble jierliaps in their ends, and highly beneficial to mankind, they must also be allowed to have often been less justifiable in the means, anil in many of their enterprises to have paid more regard to political than to moral considerations. Obliged to court tho favour of the populace, they found it necessary to comply with their rage and folly; and have even, on mauv occasions, by propogntiug calumnies, and by pro- moling violence, served to infatuate, as well as cor- rupt that people, to whom they made a tender of liberty and justice. Charles I. was a tyrant, a papist, and a contriver of the Irish ma,ssacre : the church of England was relapsing fast into idolatry : puri- tanism was the only true religion, and the covenant the favourite object of heavenly legartl. Through these delusions, the party proceeded, and, what, may seem wonderful, still to the increase of law and li- berty; till they reached the imposture of tho popisli plot, a fiction which exceeds the ordinary bounds of vulg.ar credulity. But however singular these events may ajipear, there is really nothing altogether new in any period of modern history : and it is remarkable, that tribunitian arts, though sometimes useful in a free constitution, have usually been such as men of probity and honour could not bring themselves cither to practise or approve. The other faction, which, since the Revolution, has been obliged to cultivate popularity, sometimes found it necessary to employ like artifices. The whig party for a course of near seventy years, has, almost without interruption, enjoyed the whole authority of government ; and no honours or offices could be obtained but by their countenance and pro- tection. l?ut this event, which, in some particulars, has been advantageous to the state, has proved do- 8/2 THE HISTORY OF ENGLAND. [Chap. LXXI. stnictivc to tlic truth of liistory, ami Ijas cstablislicd many gross falsolioods, wliicli it is unaccountable how any civilized nation could have embraced with regard to "its domestic occurrences. Compositions, the most c'espicable, both for style and matter, have been ex- tolled, and propagated, and read, as if they had equalled the most celebrated remains of antiquity.* And forgetting that a regard to liberty, though a laudable passion, ought commonlj' to be subordinate to a reverence for established government, the pre- vailing fiiction has celebrated only the partisans of the former, who pursued as tlieir object the perfection of civil society, and has extolled them at the expense of their antagonists, who maintained those maxims that are essential to its very existence. But extremes of all kinds are to be avoided ; and though no one will ever please either faction by moderate opinions, it is there we are must likely to meet with truth and certainty. We shall subjoin to this general view of the Eng- lish government, some account of the state of the finances, arms, trade, manners, arts, between the lle- Btoration and Revolution. The revenue of Cliarles II., as settled by the long pai'liament, was put upon a very bad footing. It was too small, if they intended to make him independent in the common course of his administration : it was too large, and settled during too long a period, if they resolved to keep him in entire dependence. The great debts of the republic, which were thrown upon that prince ; the necessity of supplying the naval and mili- tary stores, wliich were entirely exhausted ; that of rcjiairiug and furnishing liis palaces : all these causes involved the king in gieat difficulties immediately after his Restoration ; and the parliament was not sufficiently liberal in supplying him. Perhaps too he had contracted some debts abroad ; and his bounty to the distressed cavaliers, though it did not correspond either to tlieir services or expectations, could not fail, in some degree, to exhaust liis treasury. The extra- ordinary sums granted the king during the first years, did not suffice for these extraoidinary expenses; and the excise and customs, the only constant revenue, amounted not to nine hundred thousand pounds a year, and fell much short of the ordinary burdens of govenuuent. The addition of hearth-money in 1G62, and of other two branches in 1669 and 1C70, brought up the revenue to one million three hundred and fifty-eight thousand pounds, as we learn from lord Dauby's account : but the same authority informs us, that the yearly exjiense of government was at that time one million three hundred eighty-seven thonsand seven hundred and seventy pounds ;f without men- tioning contingencies, which are always considerable, even under the most prudent administration. Those branches of revenue, granted in 1689 and 1G70, ex- pired in 1680, and were never renewed by parliament : they were computed to be above two hundred thou- sand pounds a year. It must be allowed, because as- serted by all contemporary authors of both parties, and even confessed by himself, that king Charles was somewhat profuse and negligent. But it is likewise certain, that a very rigid frugality was requisite to support the government under such difficulties. It is a familiar rule in all business, that every man should bo paid in proportion to the trust reposed in him, and to the power whicii he enjoys; and the nation soon found reason, from Charles's dangerous connexions with France, to repent their departure from that prudential maxim. Indeed, could the parliaments in the reign of Cliarles I. have been induced to relinquisli so far their old habits, as to grant that prince the same revenue which was voted to his successor, or had * Such aa Rapiii Tlioyras. Locke, Sidney, HoacUev, Ac, t lial[Jh's HUcoiy, v<'l. i. p 2KH. ^\ e k-arn from that lord's Mcnlr.lrs, p. 12, that the receipts of ttie F.xchequcr, during six yeais, from ItiyS to lir;', were about eljjht millions tuo hundred thousand pounds or one miihon three hundred sixly-sil thousand pounds a year. Sec, like-.v-ise, p. 1G». those in the reign of Charles II. conferred on him ad large a revenue as was enjoyed by his brother, all the disorders in both reigns might easily have been pre- vented, and ]irohahly all reasonable concessions to liberty might peaceably have been obtained from both monarclis. But these assemblies, unacquainted with public business, and often actuated by faction and fanaticism, could never be made sensible, but too late and by fatal experience, of the incessant change of times and situations. The French ambassador in- forms his court, that Chailes was very well satisfied with his share of power, could the parliament have been induced to make him tolerably easy in his re- venue. If we estimate the ordinary revenue of Cliarles II. at one million two hundred thousand pounds a year during his whole reign, the whole computation will rather exceed than fall below the true value. The convention-parliament, after all the sums which they had granted the king towards the p.ayment of old debts, throw, the last day of their meeting, a debt upon liim amounting to one million seven hundred forty-three thousand two hundred and cixly-thrte pounds. All the extraordinary sums which were afterwards voted him by parliament, amounted to eleven millions four hundred forty-three thousand four hundred and seven pounds; which, divided by twenty-four, the number of years which that king reigned, make four hundred seventy-six thousand eight hundred and eight jiounds a year. During that time, he had two violent wars to sustain with the Dutch ; and in 167fi, he made expensive preparations foi- a war with France. In the first Dutch war, bolh France .and Denmark were allies to the United I'lo- vinces, and the naval armaments in England were very great : so that it is impossible he could have secreted any part, at least any considerable part of the sums which were then voted him by jiai» lianient. 'I'o these sums we must add about one million two hundred thousand pounds, which had been detained from the bankers on shutting up the exchequer in 10/2. The king paid six per cent, for this money during the rest of liis reigu. It is rem.arkable, that notwitlislandiiig this violent breach of faith, the king, two years after, borrowed money at eight per cent. ; the s.ame rate of interest which he had paid before that event. A proof that public credit, instead of being of so delicate a natu'e .as we are apt to im.agine, is, in reality, so hardy and robust, that it is very diffi- cult to destroy it. The revenue of James was raised by the parliament to about one niilHon eight hundred and fifty thousand jiound-? ; and his income, as duke of York, being added, made the whole amount to two millions a year ; a Slim well ]iioportioned to the jmblic necessities, but enjoyed by him in too independent a manner. The national debt at the Revolution am»iiinted to one mil- lion fifty-four thousand nine hundred and twenty-five pounds. The militia fell much to decay during these two reigns, partly by the policy of the kings, who had entertained a diffidence of their subjects, partly by that ill-judged law wliich limited the king's power of mustering and arraying them. In the beginning, however, of Charles's reign, the militia was still deemed formidable. De Wit li.aving proposed to the French king an invasion of England during the first Dutch war, that monarch replied, that such an at- tempt would be entirely fruitless, and would tend only to unite the Knglish. In a few days, said he, after our landing, there v. ill be fifty thousand men at least npon us. Ch.irles, in the beginning of his reign, had in pay near five thousand men, of guards and garrisons. At the end of liis reign, he augmented tliis number to near eight thousand. James, on Monmouth's rebel- lion, had on foot about fifteen thousand men ; and Chap. I.XXI.J JAMES fl. 1685—1688. 87;$ when the prince of Oianpp invaded him, there were no fewer than thirty thousand regular troops in Kngland. Tlie Knf;lish navy, diirin,']; the greater part of Charles's reign, made a. ooiisideraljle figure, for num- ber of sliips, valonr of the men, and condiiet of tlie commanders. Even in 1079, the fleet consisted of eighty-three ships; besides tliirty, wliich were at tliat time on the stocks. On tlie Icing's restoration he found only sixty-three vessels of all sizes. During the latter part of Charles's reign, the navy fell somewhat to decay, by reason of the narrowness of the king's re- venue: but James, soon after Iiis accession, restored it to its former power and glory; an/i before he left the throne carried it much further. The administra- tion of the admiralty under i'epys is still regarded as a model for order and economy. The fleet of the Re- volution consisted of one hundred .seventy-three ves- sels of all sizes ; .ind required forty-two thousand seamen to man it. That king, wli< n duke of York, had been the first inventor of sea-signals. 'Jhe mili- tary genius, during tln'so two reigns, had not totally dce.iyed among the young nobility. Dorset, Mul- grave, Rochester, not to mention Ossoiy, served on board the fleet, and wore present in the most furious engagements against the Dutch. The commerce and riches of Engl.md did never, during any period, increase so fast as from the Restora- tion to the Rovolntion. The two Dutch wars, by dis- turbing the trade of that republic, promoted the navi- gation of this island ; aud after Charles had made a sep.arato peace with the States, his subjects enjoyed, uuniolested, the trade of Europe. The only disturb- ance which they met with, was from a few French jirivateers who infe-ited the Channel; and Charles in- terposed not in behalf of his subjects with suthcient spirit and vigour. The recovery or conquest of New- York and the Jerseys was a considerable accession to the strength and security of the English colonies ; and, together with the, settlement of Pennsylvania and Caro- lina, which w;is effected during that reign, extended the English empire in .America. The persecutions of the dissenters, or, niore properly speaking, the restraints imposed njwn them, contributed to augment and peo- ple these colonics. Dr. Davenant afiinns, that the shipi>ing of England more than douMed dm'ing these twenty-eight years. Sever.il new manufactures were established, in iron, br.iss, silk, hats, glass, paper, &c. One Brewer, leaving the Low Countries, when they were threatened with a Erench conquest, brought the art of dying woolh-n cloth into England, and by that improvement saved the nation great sums of money. The increase of coinage during these two reigns W.1S ten millions, two hundred si.xty-one thousand [lounds. A board of trade was erected in IG/O ; and the earl of Sandwich was made president. Charles re- vived and supported the charter of the ICast-India Company ; a measure whose utility is by some thought doubtful : he granted a charter to the Hudson's Hay Company ; a measure probably hurtful. We learn from sir Josiah Child, that in lOfifl there were on the 'Change more men worth ten thousand l)ounds than there were in 10.50 worth a thousand ; that five hundrad jiounds with a daughter was, in the latter period deemed a largr portion than two thousand in the former ; that gentlewomen, in those earlier times, thought themselves well clothed in a serge gown, which a chambennaid would, in 1081!, bo .'ishamed to be seen in : and that, besides the great increase of rich clothes, ])late, jewels, and household furnitme, coaches were in that time augmented a hundredfold. The duke of Buckingham introduced from Venice the manufacture of glass and crystal into England, rrince Rupert was also an encoui'ager of usefid arts and manufactures : he himself w;vs the inventor of etching. The first law for erecting turnpikes was pjussed in l(i62 ; the places of the turnpikes were Wadesmill, Voc. I. Caxton, and Stilton : but the general and gieat iin- provement of highways took not place till the reign of George II. lu IGG3, was passed the first law for allowing the exportation of foreign coin and bullion. in 10(i7 was concluded the first American treaty l)'-tween England and Spain : this treaty was made more general and complete in 1070. The two states then renounced all right of trading with each other's colouii-s ; and the title of Eugland was acknowledged to all the terriloi ies iu America, of which she was then possessed. The French king, about the beginning of Charles's reign, laid some impositions on English commodities: and the English, partly displeased with this innova- tion, partly moved by their animosity again.>,t France, retaliated, by laying such restraints on the commerce with that kingilom as amounted almost to a jirohibi- tion. They fonned calculations, by which they per- suaded themselves that they were losers a million and a half, or near two millions a ye.ar, by the French trade, liut no good effects were found to result from these restr.iints ; and iu king James's reign they were taken off by parliament. Lord Clarendon tells us, that, in 1005, when money, in consequence of a treaty, was to be remitted to the bishop of Monster, it was found, that the w hole trade of England could not supply above a thons^ind pounds a month to Frankfort and Cologne, nor above twenty thousand jiounds a month to Hamburgh : these sums apjiear surprisingly small. At the same time th.at the boroughs of England were deprived of their privileges, a like attomjit w.as made on the colonies. King .James recalled the charters, by which their liberties were secured ; and he sent over goverucns invested with absolute power. The arbi- trary ])rinci]des of that monarch appear in every part of his administration. The people, during these two reigns, were, in a great measure, cured of that wild fanaticism, by which they had formerly been so much agitated. Whatever new vices they might acquire, it may be questioned, whether, by this change, they were, in the main, much losers in jioint of morals. J5y the example of Cliarles II. and the cavaliers, licentiousness and de- bauchery became prevalent iu the nation. The plea- sures of the table were much pursued. Love was treated more as an appetite than a passion. The one sex began to abate of the national character of chas- tity, without being able to inspire the other with sen- timent or delicacy. The abuses iu the former age, arising from over- strained pretensions to piety, had much pi (qLigated the spirit of irreligion ; and many of the ingenious men of this period lie under the imputation of deism. Besides wits and scholars by profession, Shaftesbury, Halifax, Buckingham, JIulgrave, Sunderland, Esse.\. Rochester, Sidney, Temple, are supposed to have adojitcd these principles. The same factions which formerly distracted the nation, were revived, and exerted themselves in the most ungenerous and unnumly enterprises against e.ich other. King Charles being in his whole deport- ment a model of e;Lsy and gentleman-like behaviour, improved the prit, aided by his great genius, procure liim an establishment which might ex- empt him fiimi the necessity cf writing for bread. Oi- v,ay, though a professed royalist, could not even pro- cure bread by his writings; and he had the siuguhir fate of dying literally of hunger. These incidents throw a great stain on the memory of Cliarles, who had discernment, loved genius, was liberal of money, but attained not the praise of true generosity. • Uj-Jct dint in IfflO, ng'd S8. fm OF TIIL- 1II.-T..KY OF I;Xr,LV>.'T), ET PAvm mTvor^ NOTES TO VOLUME L \ole A, p. 19 ' J ''HIS quostion has been disputed witli as great zeal -*- and oven acrimony, between the Scotch and Irish antiquaries, as if the honour of their respective coun- tries, were tlie most deeply concerned in the decision. AVe shall not enter into any detail on so uninteresting a suliject ; but shall propose our opinion in a few words. It appears move than probable, from the similitude of language and manners, that Britain either was origi- nally peopled or was subdued, by the migration of in- habitants from Gaul, and Ireland from Britain : the posi- tion of the several countries is an additional reason that favours this conclusion. It appears also probable, that tlie migrations of that colony of Gauls or Celts, who peopled or subdued Ireland, was originally made from the north-west parts of Britain ; and this conjec- ture (if it do not merit a higher name) is founded both on the Irish language, wliich is a very different dialect from the Welsh, and fiom tlielauguageancientlyspolcen in SouthBritaiu,and on the vicinity of Lancashire, Cum- berland,Galloway,audArgyleshu-e to that island. These events, as they passed long before the age of history and records, must be known by reasoning alone, which in this case seems to be pretty satisfactory : Caesar and Tacitus, not to mention a multitude of other Greek and Koman authors, were guided by like inferences. But besides these primitive facts, whicli lie in a very remote antiquity, it is a matter of positive and un- doubted testimony, that the Roman province of Bii- tain, during the time of the lower empire, was much infested by bands of robbers or pirates, whom the pro- vinci.-.l Britons called Scots or Scuits ; a name which was probably used as a term of reproach, and which these banditti themselves did not acknowled;,^e or as- sume. We may infer from two passages in Claudian, and from one in Orosius, and anotlier in Isidore, that the chief seat of these Scots was in Ireland. That Bome part of the Irish freebooters migrated back to the north-west parts of Britain, whence their ances- tors had probably been derived in a more remote age, is positively asserted by Bcde, and implied in Gihias. I grant, that neither Bede nor Gildas are Cjesars or Tacituses ; but such as they are, they remain the sole testimony on the subject, and therefore must be relied on for want of better : happily, the frivolousncss of the question concsponds to the we.ikness of the autho- rities. Not to mention, that, if any part of the tradi- tional history of a barbarous people can be relied on, it is the genealogy of nations, and even sometimes that of families. It is in vain to argue against these facts from the supposed warlike disposition of the Highlanders, and unwarlike of the ancient Irish. Ihose arguments are still much weaker than the authorities. Nations change very quickly in these particulars. The Britons were unable to resist the Pitts and Scots, and invited over the Saxons for their defence, who repelled those invaders; yet the same Britons valiantly resisted for a hundred and fifty years, not only tliis victorious band of Saxons, hut infinite numbers more, who poured in upon them from all quarters. Robert Bruce in 1322, made a peace, in which England, after many defeats, wns constnuned to acknowledge th.e independence of his country : yet in no more distant period thau ten years after, Scotland was totally subdued by a small handful of English, led by a few private noblemen. All history is full of such events. The Irish-Scots, in the course of two or three centuiies, might find time and opportunities sufficient to settle in North Britain, though we can neither assign the period nor causes of that revolution. Their barbarous manner of life ren- d red thorn much filter than the Romans for subduing lliese mountaineers. And, in a word, it is clear, from the language of the two couutries, that the Ilighlanders and the Irish are the same people, and that the one are a colony from the other. W^e have positive evidence, which, though from neutral persons, is not perhaps the best that may be wished for, th.at the former, in the third or fourth century, sprang from the latter: we have no evidence at all that the latter sprang from the fonnor. I shall add, that the name of Erse or Irisii, given by the low-country Scots to the language of the Scotch Highlanders, is a certain proof of the tradi- tional opinion delivered from fither to son, tliat tlie latter people came oi'igiiLally tVom Ireland. Xole B, p. 43. There is a seeming contradiction ioi ancient historians with regard to some circumstances in the story of Edwy and Elgiva. It is agreed, that this prince had a violent passion for his second or third cousin, Elgiva, whom he married, though within the degrees prohibited by the canons. It is also agreed, tliat he was dragged from a lady on the day of his coronation, and that the lady was afterwards treated with the singular barba- rity above mentioned. The onW ditforeuce is, that Osborne and some others call her his sti'unipet, not his wife, as she is .said to be by JIalmesbury. But this difference is easily reconciled : for if Edwy married her contrary to the canons, the monks would be sure to deny her to be his wife, and would insist that she could be nothing hut his strumpet : so tliat,on the whole, we may esteem this representation of the matter as certain ; at least, as by far tlie most jirobable. If Edwy had only kept a mistress, it is 'well known, that there are methods of accommodation with the church, which would have prevented the clergy from proceed- ing to such extremities against him : but his marriage, contrary to the canons, was an insult on their autho rity, and called for their highest resentment. Note C, p. 43. JIany of the English historians make Edgar's ships amount to an extravagant number, to three thousand, or three thousand six hundred : see Iloveden, p. 42G. Flor.Wigorn. p (i07. AbbasRieval, p.360. Bromp- ton, p. 8()9, says that Edgar had four thousand vessels. How can these accounts be reconciled to probability, and to the state of the navy in the time of Alfred i \V. Tl'orne makes the whole number amount only to three hundred, which is more probable. The fleet of Ethel- red, Edgar's son, must have been short of a thousand ships ; yet the Saxon Chroncicle, p. 137, says, it was the greatest navy that ever had been seen in England. NOTES TO VOLUME I. 877 Xote D, p. 48. Almost all the ancient Iiistcrians speak of this mas- sacre of the Danes as if it liad been universal, and as if every individual of tliat nation throui^-hou^ England had been put to deatli. IJut the Danes were almost tlie sole iiiliabitants in tlie kingdoms of Northunilierland and Ea>it-Anglia, and were very numerous in Jlercia. This representation, therefore, of the matter is abso- lutely impossible. Great resistance must have been ni.adc, and violent «ars ensued ; which was not the case. This account given by Vv'allingford, thougli he stands single, must be admitted as tlie only true one. We arc told that the nnn\e Lurdaue, " Lord Dane,"' for an idle lazy fellow, wiio lives at other people's ex- pense, came from the conduct of the Danes, who were put to death. Hut the English princes had been en- tirely m:isters for several generations ; and only sup- ported .a military corps of that nation. It seems pro- bable, therefore, that it was these Danes only that were put to death. Note K, p. 54. The ingenious author of the article Godwin, in the Biographia Uritannica, has endeavoured to clear the memory of that nobleman, ujion the supposition, that all the English annals had been falsified by the Nor- man historians after the conquest. But that this sup- position has not much foundation, appears hence, that almost all these histoi'ians have given a very good cha- racter of his son Harold, whom it was much more the interest of tlio Norman cause to blacken. Note F, p. 56. The whole story of the transactions between Ed- ward, Harold, and the duke of Normandy, is told so differently by the ancient writers, that there are few important passages of the English history liable to so great uncertainty. I have followed the account which appeared to me the most consistent and probable. It does not seem likely, that Edw.ard ever executed a will in the duke's favour, much less that he got it ratified by the states of the kingdom, as is affirmed by some. The will would have been known to all, and would have been produced by the Conqueror, to whom it gave so i)lausible, and really so just a title; but the doubtful and aiubigious manuer in wliicli he seems always to have mentioned it, proves tliat he could only plead the known intentions of that monarch in his fa- vour, which ho was desirous to call a will. There is indeed a charter of the Conqueror preserved by Dr. llickes, vol. i., where he calls himself rex heredilaritu, meaning heir by will ; but a prince possessed of so much |iower, and attended with so much success, may employ what pretence he jileases : it is sufficient to re- fute his pretences to observe, tluat there is a great dif- ference and variation among historians, with I'egard to a point which, had it been real, must have been agreed upon by all of them. Again, some historians, particularly jralmesbui-y and Matthew of Westminster, allirni that Harold had no intention of going over to Normandy, but that, taking the air in .a pleasure-boat on the coast, lie was driven over by stress of weather to the teiTitorios of Guy, count of Ponthieu : but besides that this story is not pnihable in itself, and is contradicted by most of the ancient historians, it is contradicted by a very curious and authentic monument lately discovered. It is a tapestry, preserved in the ducal palace of Uoiien. and supposed to have been wrought by orders of Matilda, wife to the enii)eror: at least it is of very great anti- quity. HaroM is there represented as taking his de- parture from king Edward iu execution of some com- mission, and mounting his vessel with a great train. The design of redeeming his brother and nephew, who were hostages, is the most likely cause that can be assigned; and is .accordingly mentioned by Eadnier, Hoveden, Brompton, and Simoon of Durham. For a further account of this piece of tapestry, see llistoire de I'Acadeinie do Literature, toni. ix., page 535. Note G, p. (il. It appears from the ancient translations of the Saxon annals and laws, and from king Alfred's translation of Bede, as well as from all the ancieut historians, that comes in Latin, alderman in Saxon, and earl in Dano- Saxou, were quite synonymous. There is only a clauso in a law of king Atlielstan's, (sec Sjielm. Couc. p. 406,) which has stumbled some antiquaries, and h:is made them imagine that an carl was superior to an alderman. The weregild, ur the price of an earl's blood, is there fixed at fifteen thousand thrimsas, equal to that of an archbishop; whereas that of a bishop and alderman is only eight thousand thrimsas. To solve this difficulty we must have recourse to Selden's conjecture, (see his Titles of Honour, chap. v. p. 603, 604,) that the term of earl was in the age of Athelstan just beginning to be in use in England, and stood at that time for the atheling or prince of the blood, heir to the crown. This he confirms by a law of Canute, sec. 55, where an atheling, and an archbi-liop areput upon the ;-ame foot- ing. In another law of the same Athelstan, the were- gild of the prince, or atheling, is said to be fifteen thou- sand thrimsas. See Wilkins, p. 71. He is therefejre the same \v'ho is called earl in the foinicr law. A'o.'e H, p. 73. There is a paper or record of the family of Sharnc- borne, which pretends, that that family, which was Saxon, was restored upon proving their innocence, as well as other Saxon fiiuilies which were in the same situation. Though this pajicr was able to impose on s\ich great antiquaries as Spehnan (see Glcss. in verbo Dreiir/es) and Dugdalo, (see Baron, vol. i. p. 118,) it is proved by Dr. Brady (see Answ. to Pctyt, p. 11, 12) to have been a forgery ; and is allowed as siich by Tyrrel, though a pertinacious defender of his party notions. See his Hist, vol ii. introd. |). 51, 73. Ingulf, p. 70, tells us, that very early Hereward.tlbough al°ent dining the time of the conquest, was turned out of all his estate, and could not obtain redress. AVilliam even plundered the monasteries. Flor. Wigorn. p. 636. Chron. Abb. St. Petri de Burgo, p. 48. JI. Paris, p. 6. Sim. Dun. p. 200. Diceto, ji. 482. Brompton, p. .067. Knyghton, p. 2344. Alur. Beverl. p. 130. We are told by Ingulf, that I\o de Tailebois plundered the monastery of Croylaud of a great part of its laud, and no redress could be obtained. Note I, ;). 7'i. The obliging of all the inhabitants to put out the fires and lights at certain hours, upon the sounding of a bell, called the cnurfcu, is represented by Polydore Virgil, lib. y, as a mark of the servitude of tlieEug- lish. But this was a law of police, which William had previously established in Normandy. See dn Moulin Hist, de Normandie, p. 160. The same law had place ia Scotland. LL. Biiigor. cap. 06. Tvole Iv, /). 75. What these laws were of Edward the Confessor, wliich the English, every reign during a century and a half, desire so passionately to have rcstijied, is much disputed by antiquaries ; and our ignorance of them seems one of the greatest defects in the ancient English history. Tlie collection of laws in Wilkins, which pass under the name of Edward, are plainly a posterior mid an ignorant coinpil.ition. Those to be found in Ingulf are genuine; but so impel feet, and contain bo few 67S NOTES TO VOLUME I. clauses favoiirali'e to the subject, tliat we see no great reason for their conteiulinff tor tliem so velieuienlly. It is probable, tliat the English meant the common law, as it prevailed iluring the reign of Edward ; wliieli we niav conjecture to liave been more indulgent to liberty than the Norman institutions. The most material articles of it were afterwards comprelieuded in Magna Charta. No/e L. p. 80. Ingulf, p. 70. Il.Uunt. p.370, 372. M. West. p. 225. Gul. Xeub. p. 337. Alured ISeverl. p. 124. De Gest. Angl. p. 333. Matt. Paris, p. 4. Sim Dun. p. 200. Brompton, p.062, 980, 1161. GervaseTilb.lib.i.can. 16. Tcxtus Koftensis apud Seld. Spicileg. ad Eadm. p. 179. Gul. Pict. p. 206. Ordericus Vitalis, p. 521, 6CG, 853. Epist. St. Thorn, p. 801. Gri. Malmes. p. 52, 5?. Knyghton, p. 2354. Eadmer, p. 110. Thorn. Rud- boriie in Aug. Sacra, vol. i. p. 248. Monach. Roff. in Aug. Sacra, vol. ii. p. 276. Girald. Canib. in eadem, vol. ii. p. 413. Hist. Elyensis, p. 510. The words of this last historian, who is vej-y ancient, are remarkable, and worth transcribing :— " Rex itaque factus Williel- inus, quid iu principes Anglorum, qui tantse cladi su- peresse poterant, fecerit, dicere, cum nihil prosit, omitto. Quid enim prodesiot, si nee unum in toto regno de illis dicerem pristina potestat, uti permissum, sed omnes aut in gravem paupertatis serumnam de- trusos, aut exiiajredatos, patria pulses, aut eifossis oculis, vol cjeteris amputatis membris, opprobrium hominum fjictos, aut certe miserrime afflictos, vita privates. Simili niodo utilitate carere existimo dicere quid in minorem populum, nou solum ab eo, sed a suis actum sit, cum id diclu sciannis difficile, et ob immanem crudelitatem fortassis ineredibile." Nole M, p. 93. Henry, by the feudal customs, was entitled to levy a tax for the marrying of his eldest daughtei'; and he exacted tliree shillings a byde on all England. II. Hunt. p. 379. Some historians (Brady, p. 270, and Tyrrel, vol. ii. p. 182) heedlessly make this sum amount to above eight hundred thousand pounds of our present money: but it could not exceed a hundred and thirty-five thousand. Five iiydes, sometimes less, made a knight's fee, of wliich there were about sixty thousand in England, consequently n-ear three bimdred thousand hydes ; and at the rate of three shillings a liytle, the sum would amount to forty-iive thousand pounds, or a hundred and thirty-five tliousand of our present money. See Rudborne, p. 257. IntbeSa.xon times, there were only computed two hundred and forty-three thousand six hundred hydes in England. Nole N, ;;. 94. The legates a latere, as they were called, were a kind of delegates, who possessed the full power cf the pope in all tlie provinces committed to their charge, and were very busy in extending as well as exorcising it. They nominated to .all vacant benefices, .assembled synods, and were anxious to maintain ecclesiastical privileges, which could never be fully protected with- out encroachments on the civil power. If there were the least concurrence or opposition, it was always sup- posed that the civil power was to give way : every deed, which had the least pretence of holding of any- thing spiritual, as marriages, testaments, promissory oaths, were brought into the spiritual court, and could not be canvassed before a civil magistrate. These X'ere the established laws of the church ; and where a legate was sent immediately fi-om Rome, he ^vas sui-e to nuaintain the papal claims witb the utmost rigour: but it was ;in advantage to the king to Iia.ve the arch- biblio]) of Canterbury appointed legate, because the connexions of that prelate with the kingdom tended to moderate his measures. Nole O, p. 102. William of N'ewbridge, p. 383, (who is copied by later historians,) asserts, that Geoffrey had some title to the counties of Maine and Anjou. He pretends that count Geett'rey, his father, had left bini these dominiuna by a secret will, and had ordered that his body sliould not be buried, till Henry should swear to the observ- ance of it, whicli he, ignorant of the contents, was in- duced to do. But besides that this story is not very likely in itself, and savours of monkish fiction, it is found in no other ancient writer, and is contradicted by some of tliem, particularly the monk of Marmou- tier, who had better opportunities than Newbridge of knowing the truth. See Vita Gauf. Due. Nonnau II. 103. Note P, p. 102. The sura scarcely appears credible : as it would amount to much above half the rent of the whole land, Gerv.ase is indeed a contemporary author; but church- men are often guilty of strange mistakes of that nature, and are commonly but little acquainted with the public revenues. This sum would make five hundred and forty thousand pounds of our present money. Ti;o Norman Chronicle, p. 995, says, that Henry raised only sixty Angevin shillings on each knight's fee in bis foreign dominions : tliis is only a fourth of the sum which Gervase says he levied on England : an inequality nowise probable. A nation may by degi'ees be bi'ougiit to bear a tax of fifteen shillings in the pound; but a sudden and precarious tax can never be imposed to that amount, without a very visible necessity, especially in an age so little accustomed to taxes. In the suc- ceeding reign the rent of a knight's fee was computed at four pounds a year. There were si.xty thousand knights' fees iu England. Note Q, p. 103. Fitz-StephenS; p. 18. This conduct appears violent and arbitrary ; but was suitable to the strain of ad- ministration in those d.ays. His father Geoffrey, though lepresented as a mild prince, set him an example of much greater violence. When Geoffrey was master of Normandy, the chapter of sees presumed, without his consent, to proceed to the election of a Viishop; upon wliicli he ordered all of them, with the bishop elect, to be castrated, and made all their testicles be brought him in a platter. Fitz-Steph. p. 44. In the war of Toulouse, Henry laid a heavy and an arbitrary tax on all the churches within his dominions. See Epist. bt. Thom. p. 232. Note R, p. 106. I follow here the narrative of Fitz-Steplien?, who was secretary to Bocket; thougli no doubt, he ni:iy be suspected of partiality towards his patron. Lord Lyttleton chooses to follow the authority of a manu- script letter, or rather manifesto, of FoUiot, bishop of London, which is addressed to Becket himself, at the time when the bishop appealed to the pope from the excommunication pronounced against him by his (iri- mate. My re.asons, why I give the preference to Fitz- Stejihens, are, (1.) If the friendship of Fitz-Steplieus might render him partial to Becket, even alter tlie death of that prelate, the declared enmity of the bislioj) must, during his lite-time, have rendered him more partial on the other side. (2.) Tlie bishop was moved bv interest, as well as enmity, to calumniate Becket. lie bad himself to defend against the senteuce of ex- communication, dreadful to all, especially to a jirelate : and no more efl^ectual means than 10 throw all the blame on his adversary. (3.) He has actually been guilty of palpable calumnies iu that letter. Among NOTES TO VOLUME I. 879 these, I rccUon tlie following: — lie affirms tliat wlmi BecUct subscribed tlie Constiliitions of Clarendon, lie said plainly to all the bishops of Eni;land, "It is my mas- ter s pleasure that 1 should forswear myself; aud at pre- sent Isulmiit to it, and do resolve to incur a perjury, and repent afterwards as I may." However barbarous the times, and however iie;;li;.'cnt zi aluus cliurchnien were then of morality, these are not words which a primate of great sense, and of nmch seeming' sanctity, would employ in an assembly of his suflVagans : he mi«ht act upon these principles, but never surely would publicly avow them. Folliot also says, that all the bishops were resolved obstinately to oppose the Constitutions of Clarendon, but the primate himself betrayed them from timidity, and led the w.iy to their subscribinj;. This is contrary to the testimony of all the historians, and directly contrary to UecUet's character, who surely was not destitute either of courage or of zeal for eccle- siastical immunities. (4.) The violence and injustice of Henry, ascribed to liim hy Fitz-Steiiliens, is of a piece with the rest of the prosecution. Nothing could be more iniipiitous, than, after two years' silence, to make a sudden and unprepared demand upon Beckct to the amount of Ibrty-iour thousaiul marks, (equal to a sum of near a million in our time,) and not allow him the least interval to biing in his accounts. If the king was so palpably oppressive in one article, be may be presumed to bo equally so in the rest. ^5.) Tlioufjh Folliot's letter, or rather manifesto, be addressed to IJecket himself, it does not acquire more authority on that account. We know not what answer was made by Becket : the collection of letters cannot be sup- posed quite complete. lint that the collection was not made by one (whosoever he were) very partial to that primate, appears from the tenor of them, where there are many passages very little favourable to him : inso- much that the editor of them at linissels, a Jesuit, thought proper to publish tliem with great omissions, particularly of this letter of Folliot's. Perhaps Uccket made no answer at all, as not deigning to write to an e.xconununicated person, whose very commerce would contaminate him ; and the bishop, trusting to this arro- gance of his primate, might calumniate him the more freely. (C.) Though the sentence pronounced on Becket by tlie great council implies that he had refused to make any answer to the king's court, this does not fortify the narrative of Folliot: for if his excuse was rejected as false and frivolous, it would be treated as no answer. Becket submitted so far to the sentence of confiscation of goods and chattels, that he gave surety, which isa proof that hemeant not at that time to question the authority of the king's courts. (7-) It may be worth observing, that both the author of Ilistoria quadiapartita, and Gcrvase, contemporary writers, agree with Fitz-Stepheus ; ani\ the latter is not usually very jiartial to Becket. All the ancient historians give the same account. Nole S, p. 131. Madox, in his Itaronia Anglica, cap. 14, tells us that Lu the 30th of lienry II. tliirty-three cows and two bulls cost but eight pounds seven shillings, money of that age; five liuudred sheep, twenty-two pounds ten shillings, or about tenpenre three furthiniis per sheep ; sixty-six o.xen, eighteen pounds three shilliugs; fifteen breeding mares, two pounds twelve shillings and six- pence: and twenty-two hogs, one pound two shillings. Commodities seem then to have been about ten times cheaper than at present ; all except the sheep, pro- bably on account of the value of the fleece. The same author, in his Formulare Anglicanum, p. 17, s-iys. That in the lIHli year of Richard I. mention is made of ten per cent, paid for money: but the Jews fre- quently exacted much higher interest. Kole T, p. 180. Uymer, vol. ii. p. 2\C>. 845. There caonot be (he least question, that the homage usually paid by the kings of Scotland was not for their crown, but for some other territory. The only question remains, what that teriitoiy was? It was not always for the earldum of Huntingdon, nor the honour of I'eiiiytli; because we find it sometimes done at a time when these possessions were not in the hands of the kings of Scot- land. It is probable that the homage was performed in general terms, without any particular specification of territory; and this inaccuracy had jiroceeded either from some dispute between the two kings about the territory aud «onie opposite claims, which were com- promised hy the general homage, or from the simpli- city of the age, which employed few words in everv transaction. To prove this we need but look into the letter of king Richard, where ho resigns the homage of Scotland, reserving the usual homage. His words are, " S»pedictus AV. Re.\ ligius homo uoster devcniat de omnibus terris do quibus antecessores sui anteces- sorum nostrorum ligii homines fuerunt, et nobis atquo hieredibus nostris fidelitateni juranmt.'' Ity nier, vol. i. p. C5. These general terms were probably copied from the usual form of the homage itself. It is no proof that the kings of Scotland possessed no lands or Laionies in England, because ne cannot find tkem in the imperfect histories and records of that age. For instance : it clearly appears, from another pasiage of this very letter of Richard, that the Scot- tish king held lands both in the county of llnniingdon and elsew here in England ; though the eai Idoni of Huntingdon itself was then in the person of his brother David ; aud we know at present of no other baronies which William held. It cannot be expected that we should now be able to .specify all his fees which he either possessed or claimed in England ; when it is probable that the two inonarchs themselves, and their ministers, would at that very time have dift'ered in the list : the Scottish king might possess some to which his right was disputed ; he might claim others which he did not possess: aud neither of the two kings was willing to resign his pretensions by a particular enu- meration. A late author of great industry and learning, but full of prejudices, and of no penetration, Jlr. Carte, has taken advantage of the undefined terms of the Scotch homage, and has pretended that it was done for Lothian and Galloway ; that is, all the territories of the country now called Scotland, haying south of the Clyde and Forth. But to refute this pretension at once, we need only consider, that if these territories were held in fee of the English kings, there would, by the nature of the feudal law as established in England, have been continual appeals from them to the courts of the lord paramount; contrary to all the histories and records of that age. We find, that as soon as Edward really established his superiority, ajipeals im- mediately commenced from all parts of Scotland : and that king, in his writ to the king's-bench, considers them as a necessary consequence of the feudal tenure. Such large territories also would have sujiplied a consi- ble part of the English armies, which never could have escaped all the historians. Not to mention that there is not any instance of a Scotch prisoner of war being tried as a rebel, in the frequent hostilities between the kingdoms, where the Scottish armies were chiefly filled from the sonthein counties. Jlr. Carte's notion with regard to Gallow.iy, which comprehends, in the language of that a;,'e, or rather in that of the preceding, most of the south-wist counties of Scotland ; his notion, I say, rests on so slight a foun- dation, that it scarcely merits being refuteil. ■ He will have it (and merely because he will have it) that the Cumberland yielded by king Edmund to Malcolm I. meant not only the county in England of that name, but all the territory northwards to the Clyde. But the case of Lothian deserves some more consideration. It is certain, that in very ancient language, Scotland means only the country north of the friths of Clyde 680 NOTES TO VOLUME 1. and Forth. I sliall not make a parade of literature to prove it; licc.nise I do not find tliat tliis point is dis- puted bv tlie Si-ots themselves. Tlic southern country was divided into (i:illoway and Lotliian; and the latter conii)rehcnded all the south-east cor.ntios. This terri- tory was certaijily a part of tlie ancient kingdom of Nortliumherland, and was entirely peopled by Saxons, wlio afterwards received a jjreat mixture of Danes among tliem. It appears from all the English histo- ries, that the wdiole kingdom of Northumberland paid very little obedience to the Anglo-Saxon mouarchs, who governed after the dissolution of the heptarchy ; and the northern and remote parts of it seem to have fallen into a kind of anarchy, sometimes pillaged by the Danes, sometimes joining them in their ravages upon other parts of England. The kings of Scotland, lyiug nearer them, took at last possession of the country, which I'ad searctly any government ; and we are told by Matthew of Westminster, p. 193, that king Edgar made a grant of the territory to Kenneth III. ; that is, he resigned claims wliich he could not make effectual, without bestowing on them more trouble and expense than they were worth ; for tliese are the only grants of provinces made by kings; and so ambitious and active a prince as Edgar would never have made presents of any otiier kind. Though JI:itthew of Westminster's authority may appear small with regard to so remote a transaction ; yet we may admit it in this case, because Orderieus Vitalis, a good authority, tells us, p. 7"1, that Malcolm acknowledged to William Rufus, that the Conqueror had confirmed to him the former grant of Lothian. But it follows not, because Edgar made this species of grant to Kenneth, that therefore he ex- acted homage for that territory. Ilom.age, and all the rites of the feudal law, were very little known among the Saxons; and we may also suppose that the claim of Ed'i-ar was so antiquated and weak, that in resigning it he made no very valuable concession ; and Kenneth might well refuse to hold, by so precarious a tenure, a territory which he at present held by the sword. In short, no author says he did hom.age for it. The only colour, indeed, of authority for Mr. Carte's notion is, that Matthew Paris, who wrote in the reign of Henry III. before Edward's claim of superiority was heard of, says that Alexander III. did homage to Henry III., " pro Laudiano et .aliis terris." Seepage 555. This word seems naturally to be interpreted Lothian ; but in the first place, Matthew Paris's testi- mony, though considerable, will not outweigh that of all the other historians, wdio say that the Scotch hom- age was always done for lands in England. Secondly, ll the Scotch homage was done in general terms, (as has been already proved.) it is no wonder that histo- rians should did'er in their account of the object of it, since it is probable the parties themselves were not fully agreed. Thirdly, there is reason to think that Laudiunum, in Matthew Paris, does not moan the Lo- tlnans now in Scotland. There ajipoars to ha\'e been a territory which anciently bore that or a similar name in the north of England. For (1.) The Saxon Chron- icle, p. 197, says that Malcolm Kenmure met William Puifus inLodene,in England. (2.) It is agreed by all liis- torians, that Henry II. only reconquered from Scotland the northern counties of Northumberland, Cumberlaml, and Westmoreland. See 5}ewbriggs, p. 383. Wykes, p. 30. Ileuiingford, p. 492. Yet the same country is called by other historians Loidis, comitatus Lodonensis, or some such name. See JI. Paris, p. G8. M. West. )>. 2 17, Annal. Waverl. p. 159, and Diceto. p. 531. (3.) This last mentioned author, when he speaks of Lothian in Scotland, calls it Loheueis,p. 57'!, though he had called the English territory Loidis. I thought this long note necessary, in order to correct Mr. Carte's mistake, an author whose diligence and indu'-try has given light to many passages of the more nucient English history. Note U, p. 181. Itymer, vol. ii. p. 543. It is remarkable that the English chancellor spoke to the .Scotch parliament in the French tongue. This was also the language com- monly made use of by all parties on that occasion. Ibid, passim. Some of the most considerable among the Scotch, as well as almost all the I'.nglish barons, were of French origin; they valued themselves upon it; and pretended to despise the language and manners of the island. It is ditHcult to account for the settlement of so many French families in Scotland, the Ijruces, lialiols, St. Clairs, Jlontgomeries, Somervilles, Gor- dons, Fraziers, Cummins, ColviUes, UmfreviUes, JIow- brays, Hays, Maules, who were not supported there, as in England, by the power of the sword. But the superiority of the smallest civility and knowledge over total ignorance and barbarism is prodigious. Kolc V, p. 182. See Rymer, vol. ii. p. 533, w here Fdward writes to the king's-bench to receive appeals from Scotland. He knew the jiractice to be new and unusual; yet lie establishes it as an infallible consequence of his supe- riority. We learn also from the same collection, p. G03, that immediately upon receiving the homage lie changed the style of his address to the Scotch king, whom he now calls dileclo ct fideli, instead of fratti dileclQ et Jideli, the appellation which he had always before used to him ; see p. 109, 124, 1G8, 280, 1064. This is acertain proof that he himself was not deceived, as was scarcely indeed possible, but that he was con- scious of his usurpation. Yet he solemnly swore .after- wards to the justice of his pretensions, when he de- fended tliem before pope Boniface. Note W. p. 180. Throughout the reign of Edward I. the as.sent of the commons is not once expressed in any of the enacting clauses ; nor in the reigns ensuing, till the 9 Edward III.; nor in any of the enacting clauses of IC Eichnrd II.; nay, even so low as Henry VI., from the beginning till the 8th of his reign, the assent of the commons is not once expressed in any enacting clause. See pre- face to Rutthead's edition of the Statutes, p. 7. If it should bo asserted, that the commons had really given their assent to these statutes, though they are not ex- pressly mentioned, this very omission, proceeding, it' you will, from carelessness, is a proof how little they were respected. The commons were so little accus- tomed to transact public business, that they had no speidier till alter the parliament Gth Edward III. See Prynne's preface to Cotton's Abridg. : not till the first of Richard II., in the opinion of most antiquaries. The commons were very unwilling to meddle in any state atfairs, and commonly either referred themselves to the lords, or desired a select committee of that house to assist them, as appears from Cotton. 5 E. III. n. 5; 15 E. III. n. 17; 21E. III. n. 5; 47E. III. u. 6: 50 E. HI. n.lO; 51 E. Ill.n. 18; 1 R. II. u. 12; 2 R. II. n. 12; 5 R. II. n. 14; pari. 2, G 1!. II. u. 14; pari. 2, G R. II. u. 8, &c. Ao!e X. p. IBG. It w.as very agreeable to the maxims of all the feu- dal governments, that every order of the state should give their consent to the acts which more immediately concerned them; and as a notion of a political system was not then so well understood, the other orders of the state were often not consulted on these occasions. In this reign even the merchants, though no public body, granted the king impositions on merchandise, because the first payments came out of their pockets. They did the same in the reign of Edward II 1., but tho commons had then observed that the pecq.le paid theso NOTES TO VOLUME I. 881 duties, thoiigli tlio mercliaiits advanced tliom ; and they therefore remonstrated against tliis practice. Cot- Ion's Abrid. p. 39. The taxes imposed by the lini{;hts on the counties were always lighter than those whicli the bnrgesses l;iid on the boroughs; a presumption tliat in voting those taxes the knights and burgesses did not form the same house. See Chancellor W est's inquiry into the manner of creating peers, p. 8. liut there arc so many proofs that those two orders of re- presentatives were long separate, that it is needless to insist on tliem. Mr. Carte, who had carefully consulted the rolls of parliament, afKrms that they never appear to have been united till the Kith of Kdward III. See Hist. vol. ii. p. 451. l!ut it is certain that this union was not even then final : in i:i7'2. the burgesses acted by themselves, and voted a tax after the knights were dis- missed. PooTyrrel.IIist. vol.iii.p. 7-i-l.from Roi.Claus. 4C Edward III. 11. 9. In 1:17(5 they were the knights alone who passed a vote for the removal of .Mice Tierce from the king's person, if we may credit Walsingham, p. inO. There is an instance of a lili(> kind in the reign of llicli. II. Cotton, p. 193. The ditferent taxes voted by those two branches of the lower house naturally kept them S'^parate : but as their petitions had mostly the same object, namely, the redress of grievances, and the support of la iv and justice, both against the crown and the barons, this cause as natuially united tlicm, and was the reason why they at hist joined in one house for the dispatch of business. The barons had few peti- tions. Their privileges were of more ancient date: grievances seldom affected them : they were themselves the chief oppressors. In 1333, the knights by them- selves concurred with the bishops and barons in advis- ing the king to stay his journey into Ireland. Here Wiis a petition whicli regarded a matter of state, and was supposed to be above the capacity of the burgesses. The knights, therefore, acted apart in this petition. See Cotton's Abridg. p. 13. Chief- bai on Gilbert thinks, that the reason why taxes always began with the commons or burgesses was, that they were limited by the instructions of their boroughs. See Hist, of the Exchequer, p. 37. Xole Y, /). 186. The chief argument from ancient authority, for the opinion that the representatives of boroughs preceded the forty-ninth of Henry III. is the famous petition of the borough of St. Albaus, first taken notice of by Sel- den, and then by Petyt, 15rady, Tyrrel, and otliers. In this petition, presented to the parliament in the reign of IMward II. the town of St. Albans asserts, that though they held in capile of the crown, and owed only for all other service, their attendance in parliament, yet the sheriff had omitted them in his writs ; whereas l)otli in the reign of the king's father, and all his prede- cessors, they had always sent members. Now, s.ay the defenders of this opinion, if the commencement of the house of commons were in Henry II I. 's reign, this ex- pression could not have been used, liut Madox, in his History of the F.xchequer, p. f)22, 523, 524, h,a.s endea- voured, and with great reason, to destroy the authority of this petition for the purpose alleged. He asserts, first, That there w.is no such tenure in England a-sthat of holding by attendance in parliament, instead of all other service. Secondly, That the borough of St. Al- bans never held of the crown at all, but w.as always demesne land of the .ibbot. It is no wonder, therefore, that a petition whicli ailvances two falsehoods, should contain one historical mistake, which indeed amounts only to an inaccurate and exaggerated expression ; no stran'_'e matter in ignorant burgesses *)f that age. Ac- cordingly St. Albans continued still to belong to the abbot. It never held of the crown till after the disso- lution of the monasteries. T^ut the assurance of these petitioners is remarkable. They wanted to shake off the authority of their abbot, and to hold of the king; but were unwilling to pay anv services even to the AV.L. I. crown ; upon w hich they framed this idle petition, which later writers have made the foundation of so many inferences and conclusions. From the tenor of the petition it ajipears that there was a close connexion between holding of the crown, and being represented in parliament : the latter had scarcely ever place with- out the former : yet we learn from Tyrrel's Append, vol. iv. that there were some instances to the contrary. It is not improbable that IMward followed the roll of the earl of Leicester, who had summoned, without dis- tinction, all the considerable boroughs of the king- dom ; among which there might be some few that did not hold of the crown. Edward also found it necessary to impose taxes on .all the boroughs in the kingdom without distinction. This was a good expedient for augmenting his revenue. AVe are not to imagine, be- cause the house of commons have since become of great importance, that the first siimmoniiig of them would form any remarkable and striking epoch, and be gene- rally known to the people even seventy or eighty years after. So ignorant were the generality of men in that age, that country burgesses would readily iniagino an innovation, seemingly so little material, to have existed from time immemorial, because it was beyond their own menuiry, and perhaps that of their fathers. Even the parliament in the reign of Henry V. say, that Ire- land had, from the beginning of time, been .subject to the crown of Enghand. (See Brady.) And surely if anything interests the people above all others, it is war and conquests, with their dates and circumstances. Xore Z, p. 223. This story of the six burgesses of Calais, like all other extraordinary stories, is somewhat to be sus- pected; and so much the more, as Avesbury, p. I(i7f who is particular in his narration of the surrender of Calais, s.iys nothing of it ; and, on the contrary, cx- t. tilcnsils, all wliicli we may conclude were so coarse, that tlicy could not bo spoilt by tlie carriage ; yet se- venteen carts and one waggon suffice for the wliole, p. 391. One cart suffices for all his kitchen utensils, cook's beds, &C. \>. 388. One remarkable circuinstance is, that he has eleven priests in his house, beoides se- venteen ]>ersons, chanters, musicians, iic, belonging to his chapel ; yet he has only two cooks for a family of two huudrcii and twenty-three, p. 3-25.* Their meals were certainly dressed in llie slovenly manner of a ship's conii)any. It is amusing to obsiTve the pomp- ous and even royal style assumed by tliis Tartar cliief : he does not give any orders though only for the right making of mustard, but it is introduced with this pre- amble, " It seenieth good to us and our council." If we consider tlio magnificent and elegant manner in which the Venetian and other Italian noblemen then lived, with tlie pmgress made by the Italians in litera- ture and the fine arts, we shall not wonder that they considered the ultraniountaine nations as barbarous. The Flemish also seem to have much excelled the Eng- lish and even the Vrencli. Yet the earl is sometimes not deficient in generosity : he pays, for instance, an annual pension of a groat a year to my lady Walsing- hani, for her interest in Heaven : the same sum to the holy blood at Hales, p. 337- No mention is any- where made of plate ; but ouly of the hiring of pewter vessels. The servants seem all to have bought their own clothes fi'oui their wages. Note 2 R, p. 340. Protestant writers have imagined, that because a man could purchase for a shilling an indulgence for the most enormous and unheard-of crimes, there must ne- ces.sarily have ensued a total dissolution of morality, and consequently of civil society, from the prai'ticos of the Komisli church. They do not consider that after all these indulgences were promulgated, there still re- mained (besides hell-fire) the punishment by the civil magistrate, the infamy of the world, and secret remorses of conscience, which are the great motives that ojierate on mankind. The ])hilo3ophy of Cicero, who allowed of an ICIysium, but rejected all Tartarns, was a much more universal indulgence than that preached by Arcomboldi or Tetzel ; yet nobody will suspect Cicero of any design to promote immorality. The sale of indulgences seems, therefore, no more criminal than any other cheat of the cliurch of Rome, or of any other cliurch. The reformers, by entirely abolishing purgatory, did really, instead of partial indulgences sold by the pope, give gratis a gene- ral indulgence of a similar nature, for all crimes and offences without exception or distinction. The souls once consigned to hell were never supposed to be re- deemable by any price. There is on record only one instance of a damned soul that was saved, and that by the special intercession of the Virgin. Sec Tascal's Provincial Letters. An indulgence saved tiie person who purchased it from purgatory only. Nole 2 S, p. 3o0. It is said that when Henry heard that the commons nnidc a great difficulty of granting the required supply, he was so provoked that he sent for Edward Montague, one of the members who had a considerable influence on the house ; and he being introduced to his majesty, had the mortification to hear him speak in these words: "Ho! man! will they not suffer my bill to pass!" And Uiyinghis hand on Montague's head, who was then on his'knees before him, "Get my bill passed by to- morrow : or else to-morrow this head of yours shall be off. " This cavalier manner of Henry succeeded; for next day the bill passed. Collins's British Peerage, • In nnnthcr pl.tt-c mfnlinn •£ niiu'e of four cnoV.», p. .TltS. Hut I supiWH; IhAt tlie two lenants tallfti In p. Sli groom of the lArdrr and child of the dri.lui . arc, in p.:ftW, ccmprehendi-d in the cumber oi cooa Gro\e'd Life of Wolsey. We arc told by Hall, fol. 30, that cardinal Wolsey endeavoured to terrify the citi- zens of London into the general loan exacted in 1525, and told tliem plainly, " that it were the better that some should suffer indigence than that the king at this time should lack; and therefore beware and resist not, nor ruffle not in this case, for it may fortune to cost some people their heads." Such was the style em- ployed by this king and his ministers. Note 2 1:, p. 300. The first aiticle of the cliargo against the cardinal ia his procuring the legantine power, which, however, as it was certainly done with the king's consent and per- mission, could be nowise criminal. Many of the other articles also regard the mere e.\ercise of that jiowcr. Some articles impute to him as crimes, particular ac- tions which were natural or unavoidable to any man that was prime-minister w ith so unlimited an authority; such as receiving first all letters from theking's ministers abroad, receiving first all visits from foreign ministers, desiring that all applications should be made through him. lie was also accused of naming himself with the king, as if he had been his fellov/ : " The king and I." It is reported, that sometimes he even put his own name before the king's. Ego et rex meus. 13ut this mode of expression is justified by the Latin idiom. It is remarkable that liis whispering in the king's ear, knowing himself to be affected with venereal distem- pers, is an article against him. Many of the charges are general, and incapable of proof. Lord Herbert goes so far as to affirm tliat no m.an ever fell from so high a station who had so few real crimes objected to him. This opinion is perhaps a little to(j favourable to the cardinal. Yet the refutation of the articles by Cromwell, and their being rejected by a house of com- mons, even in this arbitrary reign, is almost a demon- stration of Wolsey's innocence. Henry was, no doubt, entirely bent on his destruction, when on his failure by a parliamentary impeachment, he attacked him upon the statute of provisors, which afforded him so little just hold on that minister. For that this indict- ment was subsequent to the attack in parliament, ap- pears by Cavendish's Life of Wolsey, and Stowe, p. 551, and more certainly by the very articles of im- peachment themselves. ParUamentary History, vol. iii. p. 42, article 7- Coke's Inst. pt. 4, fol. 83. Note 2 U, p. 302. Even judging of this question by the Scripture, to which the appeal was every moment made, tlie argu- n\ent3 for the king's cause appear but lame and imper- fect. Mariiage, in the degi-ee of affinity which had place between Henry and Catherine, is indeed pro- hibited in Leviticus ; but it is natural to interjiiet that prohibition .as a part of the Jewish ceremonial or mu- nicipal law : and though it is there said, in the conclu- sion, that the gentile nations, by violating those degrees of consanguinity, had incurred the divine displeasure, the extension of this maxim to every precise case be- fore specified, is supposing the Scriptures to be i:om- posed with a minute accuracy and precision, to which we know with certainty the sacred penmen did not think proper to confine themselves. The descent of mankind from one common father, obliged them, in the fiist generation, to marry in the nearest degrees of consanguinity : instances of a like nature occur among the patriarchs : and the marriage of a brother's widow was, in certain cases, not only permitted, but even en- joined as a positive precept by the Mosaical law. It is in vain to say that this precept w.as an exception to the rule : and an exception confined merely to the Jewish nation. The inference is still just, that such a marriage can contain no natural or moral turpitude; otherwise God, who is the author of all purity, would never in any case have enjoined it S38 NOTES TO VOLUME I. Note 2 X, p. 3C4. Bishop Burnet lias criver. us an accomit of the num- ber of bulls requisite for Craviiucr's installation. By one bull, directed to tlio king, lie is upon the royal uoiui- iiation made archbishop of Canterbury. By a second, directed to himself, he is also made archbishop. By a Lliird, he is absolved from all censures. A fourth is directed to the suffragans, requiring them to receive and aclyiiowledge him as archbishop. A fifth to the dean and chapter, to the same purpose. A sixth to the clergy of Canterbury. A seventh to all the laity in his see. An eighth to all that lield lands of it. By a ninth he was ordered to be consecrated, taking the oath that was in the pontilical. By a tenth tlie pall was sent him. By an eleventh the archbishop of York and the bishop of London were required to jiut it on him. These were so m.any devices to draw fees to offices, which the popes had i?rected and disposed of for money. It mav be wortli observing, that Cranmer before ho took the oath to the pope m.ade a protestation, that he did not intend thereby to restnain himself from any- thing tliat he was bound to, either by his duly to God, the king, or the country ; and that he renounced every- thing iu it that was contrary to any of these. Tliis was an invention of some casuist, and not very com- patible with that strict sincerity, and that sernpnlous conscience of which Cranmer made profession. Collier, vol. ii. in Coll. No. 22. Burnet, vol. i. p. 128, 120. Nolc 2 AV, p. 3(iS. Here are the terms in which the king's minister e.K- pressed himself to the po]ie. " An non, inquani, sanc- titasvestra plerosque habel quibuscum aicanum aliquid crediderit, putet id non minus celatum esse quam si lino tantura pectore contineretur; quod inulto niagis screnissimo Anglia Regi evenire debet, cui singuli in suo regno sunt subjecti, neque etiam velint, possunt Regi non esse fidelissimi, Vie namque illis, si vel parvo moniento ab illius voluntate recedereut." Le Grand, torn. iii. p. 113. The king once said publicly before the council, that if any one spoke of liim or his actions in terms which became them not, he would let them know that he was master. " Et qu'il n'y auroit si belle tete qu'il ne fit voler." Id. p. 218. A'ole 2 X, p. 375. This letter contains so much nature, and even ele- giiuce, as to deserve to be transmitted to posteiity, without any alteration in the expression. It is as fol- lows : — " Sir, your grace's displeasure and my imprisonment are things so strange unto me, as what to write or what to excuse I am altogether ignorant. "Whereas you send unto me (willing me to confess a truth, and so obtain your favour) by such an one whom you know to be mine ancient professed enemy, I no sooner received this message by him than I rightly conceived your meaning; and if, as you say, confessing a truth indeed m.iy procure my safety, I shall with all willingness and duty perform your command. " But let not your grace ever imagine that your poor wife will ever bo brouglit to acknowledge a f.iult where not so miieli as a tliouglit thereof preceded. And, to speak a truth, never ])rinee had wife more loyal in all duty, and in all true atfectioii, tlian you have ever found in Anne Bolevn ; with which name and place I could willingly have contented myself, if God and your grace's pleasure had been so pleased. Neither did I at any time so far forget myself in my ex.iltation or received quceuship, but that I alw.ays looked for such an altera- tion as I now find ; for tlie ground of my preferment being on no surer foundation than your grace's f.iiiey, the least alteration I knew was fit and sufficient to draw that fancy to some other object. "Vou have chosen me from a low estate to be your queen and companion, far beyond my desert or desire. If then you found me wurtliy of such honour, good your grace let not any light fancy, or bad counsel of mine enemies, withdraw your princely favour from me : neither let that stain, that unworthy stain, of a disloyal heart tow.irds your good grace, ever cist so foul a blot on your most dutiful wife, and the infant jirincess your daughter. Try me, good king, but let me have a law- ful trial, and let not my sworn enemies sit as my ac- cusers and judges ; yea, let me receive an ojjen trial, for my truth shall fear no open shame; then shall you see either mine innocence cleared, your suspicion and conscience satisfied, the ignominy and slander of the world stopped, or my guilt openly declared. So tlmt whatsoever God or you may determine of me, your grace may be freed from an open censure ; and mine offence being so lawfully proved, your grace is at liberty both before God and man not only to e.iecute worthy punishment on me as an unlawful wife, but to follow your affection already settled on that party for whose sake I am now as I am, whose name I could some good while since have pointed unto, your grace not being ignorant of my suspicion therein. " But if you liave already determined of me, and that nut only my death, but an infamous slander, must bring you the enjoying of your desired happiness, then I desire of God that he will pardon your great sin therein, and likewise mine enemies, the instruments thereof, and that ho will not call you to a strict account for your nnprinceiy and cruel usage of me, at his ge- neral judgment-seat, where both you and myself must slcortly appear, and in whose judgment I doubt not (whatsoever the world may think of nie) mine inno- cence shall be openly known and sufficiently cleared. '* .My last and only I'equest shall be, that myself may only bear the burden of your grace's displeasure, and that it may not touch the innocent souls of those poor gentlemen who (as I understand) are likewise in strait imprisonment for my sake. If ever I have found fa- vour in your sight, if ever the name of Anne Boleyn hath been pleasing in your ears, then let me obtain thia request, and I will so leave to trouble your grace any further, with mine earnest pr.ayers to the Trinity to have your grace in his good keeping, and to direct you in all your actions. From my doleful pi'ison in the Tower, this si.xth of -May ; " Your most loyal and ever faithful wife, " Anne Bolevn." A'o.'c 2 Y, p. 378. A proposal had formerly been made in the convoca- tion for the abolition of the lesser monasteries; and had been much oj^posed by bishop b'islier, who was then alive. He told his brethren that this was fairly showing the king the way how he might come at the greater mon.asteries. " An axe," said he, " which wanted a handle, came upon a time into the wood, making his moan to the great trees that he wanted a handle to work withal, and for that cause he was con- stj-ained to sit idle; therefore he made it bis request to them that they would be pleased to grant him one of tluir small saplings witliiu the wood to make him a Iiandle ; who, niistriisting no guile, granted him one of their smaller trees to make a handle. Hut now becom- ing a complete axe, he fell so to work within the same wood, that in process of time there was neither great nor small trees to be found in the place where the wood stood. And so, my lords, if you grant the king these smaller monasteries, you do but make him a handle, whereby, at his own pleasure, he may cut down all the cedars within your Lebanons." Dr. Bailie's Life oi bishop Fisher, p. 108. Kole 2 Z, p. 381. Thero is n curious passage with regard to the sup- NOTES TO VOJ.UME I. 8tf» prcssion of moiia^leiics to be found in Coke's liisti- lutes, 4lh Inst, cliap. i p. 44. It is wortli transcribing, as it shows tlie ideas of tlie lMi;;!isli Kovernment, enter- tained durinf; tlie rei{,'n of llcniy Vlll., and even in the time of sir Edward Coke, wlien lie wrote liis Insti- tutes. It clearly appears lliat llie jieople bad then little notion of bein;; jealous of tlieir liberties, were desirous of making the crown quite independent, and wislied only to remove from themselves, as much as possible, the burdens of government. A large stand- in" army, and a fixed revenue, would on these condi- tions have been regarded as great blessings ; and it was owing entirely to the prodigality of Henry, and to his little suspicion that the power of the crown could ever fail, that the English owe all their piesent liherty. The title of the chapter in Coke is, "Advice concerning new and plausibleProjpctsaudOflcrsin Parliament." " When any plausible project," says he, " is made in parliament, to draw the lords and commons to assent to any act, (esjiccially in matters of weight and importance,) if both houses do give u]ion the matter projected and promised their consent, it shall be most necessary, tliey being trusted for the commonwealth, to have the matter projected and promised (which moved the bouses to consent) to bo established in the same act, lest the benefit of the act be taken, ami the matter jiro- jected and promised never performed, and so the houses of parliament perforin not the trust reposed in them, as it fell out (taking one example for many) in the reign of Jlenry the Eighth: on the king's behalf, llie members of both houses were informed in ]iailian;en;, that no king or kingdom was safe but where the king bad three abilities : 1. To live of his own, and able to defend his kingdom upon any sudden invasion or in- surrection. 2. To aid his confederates, otherwise they would never assist him. 3. To reward bis well-de- serving servants. Now the jiroject was, that if the parliament would give unto him all the abbeys, priories, friaries, nunneries, and other monasteries, that for ever in time then to come, he would take order that the same sbould not be converted to private uses; but first, tliat his exchequer, for the purposes aforesaid, should be enriched ; secondly, the kingdom strengthened by a continual maintenance of forty tlious.and well-trained soldiers, with skilful captains and commandei s ; thirdly, for the benefit and ease of the subject, who never afterwards, (as was projected,) in any time to come, should be charged with subsidies, fifteenths, loans, or other common aids; fourthly, lest the honour of the realm should receive any diminution of honour by the dissolution of the said monasteries, there beiiig twenty- nine lords of parliament of the abbots and priors, (that held of the king pcrbaronium , whereof more in the next leaf.) that the king would create a number of nobles, which we omit. The said monasteries were given to the king by authority of divers acts of parliament, but no provision was therein made for the said project or any part thereof." Note 3 A, p. 383. Collier in his Ecclesiastical History, '^ol. ii. p. I'"i2. has preserved an account whieli Cromwell gave of this conference, in a letter to sir Thrnias Wyat, the king's ambassador in Germany. "The king's majesty," says Cromwell, " for the reverence of the holy sacrament of the altar, did sit openly in his hall, and there pre- sided at the disputation, process, and judgment of a miserable heretic sacramentary, who was burned the 20tli of November. It was a wonder to see how princely, with how excellent gravity and inestimable majesty his highness exercised there the very office of supreme head of the church of England. How be- nignly his grace ess.nyed to convert the miserable man: how strong and m.anifest reasons his highness alleged against him. I wish the princes .ind potentates of Oliristendom to have had a meet place to have seen it. Undoubtedly thoy should have much mai veiled at his Vol. I. majesty's most high wis lorn and judgment, and re- puted him no otherwise after the same, than in a man- ner the mirror and light of all other kings and princes in Christendom." It was by such flatteiies that Henry was engaged to make his sentiments the standard to all mankind ; and w-as determined to enforce, by tho severest penalties, liis strong and manifest reasons for transubstantialiun. Note 'i M, p. 384. There is a story, that the duke of Norfolk, meeting, soon after this act was pas,sed, one of his chaplains, who was suspected of favouring the Iteformation, said to him, "Now, sir, what think you of the law to hinder priests from having wives?" " Yes, my lord," replies the chaplain, "you have done that ; but I will answer for it you cannot hinder men's wives from having priests." Note 3 C, p. 3f)7. To shov.' how much Henry sported with law and common sense, how servilely the parliament followed all his caprices, and how much both of them were lust to all sense of shame, an act w-a-s passed this session, declaring that a pre-contract should be no ground for annulling a marriage ; as if that pretext had not been made use of both in the case of Anne IJoleyu and Anne of Cleves. But the king's intention in this law is said to be a design of restoring the prineiss Klizabelh to her right of legitimacy ; and it was his character never to look fuitlier than the present object, without re- garding the inconsistency of his conduct. The parlia- ment made it high-treason to deny the dissolution cf Henry's marriage with Anne of Cleves. Herbert. Note 3 D, p. 300. It was enacted by this parliament, tliat there should be trial of treason in any county where the king sbould appoint by commission. The statutes of treason had been extremely multiplied in this reign, and such an expedient saved trouble and charges in trying that crime. The same parliament erected Ireland into a kingdom; and Henry hcneclorth annexed the title of King of Ireland to liis other titles. This session the commons first began the practice of freeing any of their members who were arrested, by a writ issued by the speaker. Formerly it was usual for them to apply for a writ from chancery to that purpose. This precedent increased the authoi ity of the commons, and had after- wards important coutoquences. Hollingshed, p. 954, 956. Baker, p. 280. Note. 3 E, p. 302. The persecutions exercised during James's reign arc not to be ascribed to bis bigotry, a vice from w hleh he seems to have liecu as fn-e as Erancis the First, or the emjieror Charles, both of whom, as well as James, showed, in different periods of their lives, even an in- clination to the new doctrines. The extremities to which all these j>rinces were carried proceeded entirely from the situation of affairs during that age, wh cli rendered it impossible for them to act with greater temper or moderation, after they had embraced the resolution of supporting the ancient establishments. So violent was the propensity of the times towards in- novation, that a bare toleration of the new preachers was equivalent to a formed design of changing (he national religion. Note 3 F, p. 407. Spolswood, p. 75. Tlie same author, p. 02, tells us .i story which confirms this character of tho popisU clergy in ScotLu'.d. It hecanie a great dispute in the 690 NOTES TO VOLUME I nnivoisity of St. AnJrews, wlietlicr tho paler slionUl bo s:iid to God or the saii.ts. The friars, who knew in general that the roformors neglected the saints, were determined to maintain their honour with great ohsti. nacv, but they knew not upon wliat topics to found their doctrine. Some held tliat the paler was said to Goi formaliter, and to saints matcrialiler ; others, to God principalilcr, and to f-aints minus principaliler : otiicrs would have it ultimate and non uhimate; but the majority seemed to hold, tliat \.\\e pater was said to God capiendo stride and to saints capiendo large. A sim- ple fellow who served tlie sub-prior, thinking there was some great matter in band that made the doctors hold so many conferences together, asked him one d.iy what the matter was ? The sub-prior answering, " Tom," (that was the fellow's name,) " we cannot agree to whom the paternoster should be said;" lie suddenly replied, "To whom, sir, should it be said, but unto God?" Then said the sub-prior, " What shall we do with the saints?" He answered, "Give tlieni A ves and Creeds enow in the devil's name: for that may suffice tlieni." The answer going abroad, many said, " That he had given a wiser decision tlian all the doctors had done with all their distinctions." Xole 3 G, p. 413. Another act passed this session takes notice, in the preamble, that the city of York, formerly well inliubited, was now much decayed; insomuch that many of the cures could not afford a competent maintenance to the incumbents. To remedy this inconvenience, the m.a- gistrates were empowered to unite as many parishes as they thought proper. An ecclesiastical historian, Col- lier, vol. ii. p. 230, thinks that this decay of York is chieflv to be ascribed to the dissolution of monasteries, by which the revenues fell into the hands of persons who lived at a distance. A very grievous tax was imposed this session upon the whole stock and mouied interest of the kingdom, and eveff upon its industry. It was a shilling in the pound yearly, duriiig three years, on every person worth ten pounds or upwards : the double on aliens and denizens. These last, if above twelve years of age, and if worth less than twenty shillings, were to pay eight-pence yearly. Every wether was to pay two-pence yearly; every ewe three-pence. The woollen manufacturers were to pay eightpence a pound on the value of all the cloth they made. These exorbitant taxes on money are a proof that few people lived on money lent at interest ; for this tax amounts to half of the yearly income of all money-holders, during three years, estimating their interest at the rate allowed by law ; and was too grievous to be borne, if many per- sons had been affected by it. It is remarkable, that no tax at all was laid upon land this session. The pro- fits of mercliandise were commonly so high, that it was supposed it could bear this imposition. The most ab- su:d part of the laws seems to be the tax upon the woollen manufacturers. See 2 & 3 Edw. VI. cap. 3G. The subsequent p,irliament reiiealed the tax on sheep and woollen cloth. 3 & 4 Edw. VI. cap. 23. But they continued the other tax a year longer. Ibid. The clergy taxed themselves at six shillings in the pound, to be paid in three years. This taxation was rati- fied in parliament, which had been the common prac- tice since the Ueformation, implying that the clergy have no legisl.itive p;)wer, even over themselves. See 2 & 3 Edw. VI. cap. 35. Note 3 IT, ;;. 431. The pope at first gave cardinal Pole powers to trans- act only with regard to the jiast fruits of tlie church- lands ; but being admonished of the danger attending any attempt towards a resumption of the lands, he eulurged the cardinal's iiowers, and granteil iiim autho- tity to ensure the future possession of the church- lands to the present ]jroprietors. There was only one clause in the cardinal's powcre that has given occasion for some speculation. An exception was made of sucli cases as Pole should think important enough to merit the being coinmmiicated to the holy see. But Pole simply ratified the possession of all tlie church-lands ; and his commission had given liim full powers to that purpose. See Harleyan Miscellany, vol. vii. p. 264, 2(;t!. It is true some councils luive declared, that it exceeds even the power of the pope to alienate any church-lands; and the pope, according to his conveni- ence, or power, may either adhere to or recede from this declaration. But every year gave solidity to the right of the proprietors of church-lands, and dimi- nished the authority of the popes ; so that men's dread of jjopery, in subsequent times, was more founded on party or religious zeal, than on very solid reasons. Note 3 I, p. 442. The passage of Ilolliiigshed, in the Discourse prc- fi.xed to his History, and which some ascribe to Hai'ri- son, is as follows. Spea'idng of the increase of luxury : "Neither do 1 speak this in I'tpioach of any man, God is my judge; but to show that I do rejoice rather to see how God has blessed us \\ith his good gifts, and to behold how that in a time wherein all things are grown to most excessive prices, we do yet find the means to obtain and achieve such furniture as hereto- fore has been impossible: there are old men yet dwell- ing in the village where I remain, which have noted three things to be marvellously altered in England within their sound remembrance. One is, tho multi- tude of chimnies lately erected ; whereas, in their young days, there were not above two or three, if so many, in most upkindish towns of the realm ; (the religious houses and manor-places of their loids always excepted, and peradventuie some great personage;) but each made his fire against a reredosse in the hall where he dined and dressed his meat. The second is, the great amendment of lodging ; for, said they, our fathers, and we ourselves, have lain full oft upon straw pallettes, covered only with a sheet, under coverlets made of dagswaine or hophailots, (I use their own terms,) and a good round log under their head instead of a bolster. If it were so, that the father or the good- man of the house had a matrass or flock-bed, and thereto a s.ick of chaffto rest his head upon, bethought himself to be as well lodged as the lord of the town : so well were they contented. Pillows, said they, were thought meet only for women in childbed : as for ser- vants, if they bad any sheet above them it was well : for seldom had they any under their bodies to keep them from the pricking straws that ran oft tlirough the canvass, and rased their hardened hides. The third thing they tell of is, the exchafige of treene pla- ters (so called, I suppose, from tree or ivood) into pew- ter, and wooden spoons into silver or tin. For so com- mon were all sorts of treene vessels in old time, that a man should hardly find four pieces of pewter (of which one was perad venture a salt) in a good farmer's house. " Description of Britain," chap. x. Again, in chap xvi. " In times i>ast men were contented to dwell in houses budded of sallow, willow, &c.; so that the use of the oak was in a manner dedicated wholly unto chuiclies, religious houses, princes' palaces, navigation, &c.; but now sallow, &c., are rejected, and nothing but oak anywhere regarded ; and yet see the change; foi when our houses were builded of willow, then had we oaken men; but now that our houses are come to be made of oak, our men are nut only become willow, but a great many altogether of straw, which is a sore alte- ration. In these the courage of the owner was a suffi- cient defence to keep tlie house in safety; but now the assurance of the timber must defend the men fi om robbing. Now have we many chimnies; and yet our teuderlines complain of -rheums, catairhs, and puses ; NOTES TO VOLUMK I. 891 (lien had wo noiio but reiedosses, and our lieads did never aelio. For as the smoke in those days was sup- posed to be a sufficient luudening for the timber of ihe house, so it was reputed a far belter medicine to keep the goodman and Ids family fiom the quack or pose, wherewith, as then, very few were acquainted." Agaio, in chap, xviii. "Our pewterers in time past employed the use of pewter only upon dishes and jiots, and a fen- other trifles for service; whereas now tliey are grown into suih exquisite cunning, that they can in manner imitate hy infusion any form or fashion of cup, disli, salt, or bowl or goblet, which is ii ade by goldsmith's craft, though they be never so curious, and very arti- ficially forged. In some places beyond the sea. a garn- ish of good Hat English pewter (I s;iy flat, because dishes and platters in my time begin to be made deep, a>ul like basons, and are indeed more convenient both for sauce and keeping the meat warm) is almost esteemed so precious as the like number of vessels that are made of fine siher." If the reader is curious to know the hours of meals in queen l-^lizabeth's reign, lie may learu it from the same author. " With us the nobility, gentry, and students do ordinarily go to din- ner at eleven belbre noon, and to supper at five, or be- tween five and si.x at afternoon. The merchants dine and sup seldom before twelve at noon and six at night, cspeciallv in London. The husbandmen dine also at high noon as they call it, and sup at seven or eight : but out of term iu our universities the scholars diue at ten." Froissart mentions waiting on the duke of Lancaster at five o'clock in the afternoon, when he had siqiped. These liouis are still more early. It is hard to tell, why, all over the world, as the .ige becomes more lux- urious, the hours become later. Is it the crowd of nniusemeiits that push on the hours giadually ? or are the people of fashion better pleased with the secrecy and silence of nocturnal hours, when the industrious vulgar are all gone to rest ? In rude ages, men have few amusements or occupations but what daylight affords them. A'o/c 3 K, p. 444. The parliament also granted the queen the duties of tonnage and poundage; but this concession was at that time regarded only as a matter of form, and she had levied these duties before they were voted by [larlia- meut. But there was another exertion of power which she practised, and which people, in the present age, from their ignorance of ancient practices, may be apt to think a little extraordinary. Her sister, :iftcr the commencement of the war with France, had, from her own authority, imposed four marks on each ton of wine imported, and had increased the poundage a third on all commodities. Queen Klizabeth continued these iiii|iositiuns as long as she thought convenient. The parliament, who had so good an opportunity of re- straining these arbitrary taxes, when they voted the tonnage and poundage, thought not proper to make any mention of them. They knew that the sovereign, during that age, pretended to have the sole i-egu- lation of foreign trade, and that their intermeddling with that prerogative would have drawn on them the severest i'ily arise during times of faction, especially those of the religious kind, when men think every art lawful for promoting their pur- pose. The congregation in their manifesto, iu which they enumerate all the articles of the regent's mal- administration, do not reproach her with this breach of jpromise. It was probably nothing but a rumour spread abroad to catch tho iiopulace. If the papists havo somelinus maintained, that no faith was to be kept with heretics, their adversaries seem also to have thought, ihjit no truth ought to be told of idolaters. Note 3 M, p. 448. Spotswood, p. IJC. Melvil, p. 29. Knox, p. 223, 220. Lesly, lih. x. Tliat there was really no violation of the capitulation of I'erth, appears from the manit'esto of the congregation in Knox, p. Ili4, in which it is not so much as jneti luUd. The companies of Scotch soldiers, were prohably in Scotch pay, since tho congre- gation complains, that tho country was oppressed with taxes to maintain armies. Knox, p. 1G4, 165. And even if they had been in French pay, it had been no breach of the capitulation, since they were national troops, not French. Kin.x does not say, p. 130, that any of the iiihaliitants of I'erth were tried or punished for their past olfences ; but only that they wt'i-e op- pressed with the quartering of soldiers : and the con- gregation, ill their manifesto, say only that many of them had fled for fear. This plain deteetion of the calumny, with regard to the breach of tlie capitulation of Perth, may make us suspect a like calumny with regard to the pretended promise not to give sentence against the ministers. The aft'air lay altogether be- tween the regent and the iaird of Dun; and that gen- tleman, though a man of sense and character, might be willing to take some general professions for promises. If the queen, overawed by the power of the congrega- tion, gave six;li a promise in order to have libercy to proceed to a sentence, how could she expect to have |)owcr to execute a sentence so insidiously obtained ? And to w hat purpose could it serve ? JVb/e 3 N, p. 449. Knox, p. 153,154, 155. This author pretends that this ai tide was agreed to verbally, but that the queen's scribes oniitl«l it in the treaty which was signed. The story is very unlikely, or rather very absurd; and in the meantime it is allowed that the article is not in the treaty ; nor do the congregation, in their suhse. quent manifesto, insist ujion it. Knox, p. 184. lie- sides, would the queen-regent, in an article of a treaty, call her own religion idolatry ? Xcle 3 0, /). 44n. The Scotch lords, in their declaration, say, " How far we have sought support of Kngland, or of any other prince, and what just cause we had and have so to do, we shall shoitly make manifest unto the world, to the praise of God's holy name, and to the confusion of all those that slander us for so doing : for this we fear not to confess, that, as in this enterjirise against the devil, .against idolatry and the maintainers of the same, we chiefly and only seek (iod's glory to be notified unto men, sin to be |)unislied, and virtue to be maintained ; so w here power failcth of ourselves, we will seek it wheiesoever God shall offer the same." — Knox, p. 17c. Xole 3 P, p. AGO. This year the council of Trent was dissoU-cd, which had sitten from 1545. The publication of its decrees excited anew the general fernnnt in Furope ; while the catholics endeavoured to enforce the acceiitance of them, and the proiistaiits rcjecteil them. The reli- gious controversies were too lar advanced to expect that any conviction would result from the decrees of this counc il. It is the only general council which luas been Inld in an age truly learned and inquisitive; and .IS the history of it has been written with great pene 8!)2 NOTES TO VOI.UiMK J. tration aiiJ judgment, it lias tended vciy much to ex- pose cleiicai iisiupatious and intrigues, and may serve us as a specimen of more ancient councils. No one expects to see another general council, till tlie decay of learning and the progress of ignorance shall again fit manUiud for these great impostures. Note 3 Q, ;;. 4G2. It appears, however, from liandolf's Letters (see Keilh, p. 290,) that some offers had been made to that minister, of seizing Lenox and Darnley, and deliver- ing them into queen Elizabeth's hands. Slelvil con- firms the same story, and says, that the design was acknowledged by the conspiiators, p. 56. This stT\'cs to justify the accomit given by the queen's party of the Ilaid of Haith, as it is called. See fni'.hei', (roodall, vol. ii. p. 358. The other conspiracy, of which Munay complained, is much more uncertain, and is founded on very doubtful evidence. Ko!e 3 R, ;;. 463. Buchanan confesses that Rizzio was ugly; but it may be inferred, from the narration of tliat author, that he was young. He says, that on the leturn of the didie of Savoy to Turin, Rizzio was in (idolesceiitiis vigorgy in the vigour of youth. Now that event hap- pened only a few years before, lib. xvii. cap. 44. That IJothwel was young appears, among many other in- vincible proofs, from ilary's instructions to the bishop of Dnmblaiu, her ambassador at Paris; where she says, that in 1559, only eight years before, he was very yoiuiy. He might therefore have been about thirty when he married her. See Keith's History, p. 388. From the appendix to the EpistolcB Regum Scolorum, it appears by authentic documents, tliat Patrick, earl of fiothwel, father to James, who espoused queen Atary, was alive till near the year l.jUO. Buchanan, by a mistake, which has been long ago corrected, calls him James. A'olc 3 3, p. -ioC. Jfary herself confessed, in her instructions to the ambassadors whom she sent to France, that Bothwcl persuaded all the noblemen that their ajiplication in favour of his marriage was agreeable to her. Keith, p. 3!)9. Anderson, vol. i. p. 94. Murray afterwards ]iruduced to ([ueen Eliza'itii's commissioners, a jiapcr Bigned by JIary, by which she permitted them to make this application to her. This permission was a swfli- cient declaration of her intentions, and was esteemed equivalent to a command. Anderson, vol. iv. )). 69. Tliey even asseited, that the house in which they met was' snnounded with armed u'.en. Goodall, vol. ii. p. 141. Note 3 T, ;;. 473. Mary's complaint of the queen's partiality in admit- ting jNlurray to a conference, was a mere pi'etext in order to break off the confereuce. She indeed employs that reason in her order for that purpose ; (see Goodall, vol. ii. p. 184;) but in her piivate letter, her commis- sioners are directed to make use of that order to pre- vent her honour fi\)m being attacked. Goodall, vol. ii. p. 183. It was therefore the accusation ordy she was afraid of. JIurray was the least obnoxious of all her enemies. He was abroad when her subjects rebelled, and reduced her to captivity: he had only accepted of the regency when voluntarily proffered him by the nation. His being admitted to queen Elizabeth's pre- sence was therefore a very bad foimdation for a quar- lel, or for breaking off the conference; and was plainly a mere pretence. Xole 3V, p. 474. We shall not enter into a long discussion concerning tliP authenticity of these letters : we shall only remark in general, that the chief objections against them are, that they are supposed to have passed through tho earl of Jlorton's hands, the least scrupuloi.s of all Mary's enemies ; and that they are to the last degree indecent, and even somewhat inelegant, tnch as it is not likely she would wiite. But to these piesurap- tions we may oppose the following consideratiom. (1.) Though it be not difiicult to counterfeit a sub- scription, it is very difficult, and almost imjiossible, to counterfeit several pages, so as to resemble exactly the handwriting of any person. These letteis were examined and compared with Mary's handwriting, by the English privy-council, and by a great many of tho nobility, among whom weie several partisans of that princess. They might have been examined by the bi.shipp of Ross, Uerreis, and others of Mary's com- missioners. The regent must have expected tliat they would be very critically examined by them : and hod they not been able to stand that test, he was only pre- paring .a scene of confusion to himself. Bisiiop Lesly expressly declines the comparing of the hands, which he calls no leg.tl proof. Goodall, V(d. ii. p. 389. (2.) The letters are very long, much longer than they needed to have been, in order to serve the purposes of l\Iary"s enemies ; a circumstance which increased tlio difficulty, and exposed any forgery the more to the risk of a detection. (3.) They are not so gross and jialpable as forgeries commonly are, for they still left a pretext for Mary's friends to assert, that their meaning was strained to make them appear criminal. See Goodall, vol. ii. p. 361. (4.) There is a long con- tract of mariiage, said to be written by the earl of Huntley, and signed by the queen, before Botliwel'.s .acquittal. Would Jlorton, without any necessity, have thus doubled the difiicidties of the forgery and the danger of detection? (5.) The letters are indis- ci-eet ; but such was app.arently JIary "s conduct, at that time : they are inelegant ; but they have a care- less, natural air, like letters hastily written between familiar friends. (6.) They contain such a variety of p.arlicidar cirmimst.ances as nobody could have thought of inventing, especially as they must necessarily have afforded her many meaus of detection. (7.) We have not the originals of the letters, which were in French : we luave only a Scotch and Latin translation from the original, and a French translation professedly done from the Latin. Now it is remarkable that the Scotch translation is full of Gallicisms, and is clearly a tr.anslation from a French original: such as, "make fault," /aire des fautes ; " make it seem that I believe," fiiire semlkint de le croire ; " make brek, "/aire ircc/ie; "this is my first journey,'' c'fs< ma premiere joiirnec ; " have you not desire to laugh," ji'nvex vans jia.i envie de rirc ; " the place Avill bald unto the death," !a place iiendra jusqu'a la mart; "he may not come forth of the house this long time," " il ne pent pas sorlir dn logis de long terns ; " to make me advertisement," fairc m'arerlir ; "put order to i\.," mettre ordre a cela ; dis* charge your heart," decharger voire caur ; " make gud watch," faites bonne garde, &c. (8.) There is a con- versation which she mentions between herself and the king one evening: but Murray produced before the English commissioners the testimony of one Crawford, a gentleman of th-e earl of Lenox, who swore that the king, on her departure from him, gave him an ac- count of the same conversation. (9.") There seems very little reason why Murray and his associates should run the risk of such a dangerous forgery, which must have rendered them infamous, if de- tected ; since their cause, from Mary's known con- duct, even without these letters, was sufficiently good and justifiable. (10.) Murray exposed these letters to the examination of persons qualified to judge of them ; the Scotch council, the Scotch parliament, queen Elizabeth and hf r council, who were possessed of a great number of Mary's genuine Ictteis. (11.) He gave Mary herself an opportunity of refuting and ex- ;>osing him, if she had chosen to lay hold of it. (12.) NOTES TO VOLUME I. 803 The letters tally so well with all the other parts of her ooiidiict tliirins; that Iraiifaction, lliat these proofs tliiow tlic slion;;cst light on each oilier. (13.) The (liilic of Norfolk', who had examined these papers, and who favoured so nuicli tlie (juecn of Scots that lie intended to many her, and in the end lost liis life in her cause, yet hclieved them anthentic, and was fuUv convinced of her guilt. This ai>)ioavs not only from his letters ahove mentioned to queen I'.liza- bctli and her ministers, hut by his secret acknowledg- ment to Dannisler, his most trusty confidant. 8ec Slate Trials, vol. i. p. iil. In the conferences between the duUe, secretary Lidiugton, and the bi^hop of Itoss, ull of ihem zealous partisans of that princess, the same thing is always taken lor granted. Ibid. j). Tt, 75. Si-e I'm ther MS. in the Advocate's libraiy, A. '.i, -li, p. :tU, from t'ott. lib. Calig. c. !<. Indeed the dnke"s full persuasion of .Mary's guilt, without the least doubt or hesitation, conid not liave had place, if lie had foui:d Lidington or the bisjio)) of Ross of a diftereut opinion, or if they had ever told him that these letters weie forged. It is to be remarked, that ladington, being one of the accomplices, knew the whole bottom of the conspiracy against king Henry, and was besides a man of snob jienotnilion that nothing could escape him in such interesting events. (14.) I need not repeat the presumption drawn from Mary's refusal to answer. The only excuse for her silence is, that she suspected I'lizabctii to be a partial judge : it was not indeed the interest of that princess to acquit and justify her rival and competitor; and we accordingly find that Liding- ton, from the secret information of the duke of Nor- folk, informed Mary, by the bishop of Ross, that the queen of England never meant to come to a decision ; but only to get into her hands the proofs of Mary's guilt, in order to bhist her character. See State Trials, vol. i. p. ^^. 15ut this w.is a better reason for declining the conference altogether, than for breaking it off on frivolous i)retenees, the very moment the chief accusation was unexpectedly opened against her. Thongii she could not expect Elizabeth's final deci- sion in her favour, it was of imjiortance to give a Butisfactory answer, if she had any, to the accnsiition of the Scotch connnissioners. That answer could have been dispersed for the satisfaction of the public, of foreign nations, and of posterity. And surely, afler the accusation and proofs were in queen Elizabeth's hands, it could do no harm to give in the answers. Mary's information, that the queen never intended to come to a decision, c-uid be no obstacle to her justi- fication. (15.) The V ry disappearance of these letters is a presumption of their authenticity. That event can be accounted for no way hut from the care of king James's friends, who were desirous to destroy every proof of his mother's crimes. The disapi'earance of Morton's narrative, and of Crawford's evidence, from tiie Cotton library, Calig. c. i. must have proceeded from a like cause. See SIS. in the Advocates' li- brary, A. .-i, 2!l, p. !!(!. I find an objection made to the anthontieity of the letters, drawn from the vote of the Scotch privy- council, which affirms the letters to be written and subscribed by queen Mary's own hand; whereas the copies given in to the parliament a few days afler, were only written, not subscribed. See Goodall, vol. ii. p. 134, (iy. I!ut it is not considered that this circum- stance is of no manner of force : there were certainly letters, true or false, Laid before the council: and whether the letters were true or false, this mistake proceeds equ.ally from the inaccm-acy or blunder of the clerk. The mistake may be accounted for: the letters were only written by her : the second contr.act with Bolhwel was only sub.scribed. A proper accurate dis- tinction was not made ; and they are all said to be written and suh^^cribed. A late writer, Mr. Goodnll, has endeavoured to prove that these letters cl.isli w ith chronology, and that the queen was not in the plires tnenlioued in tho letters on the days there assigned : to confirm this, he produces charters and other desi^'i signed by the queen, wiieie the date and place do not agree with the letters. l!ut it is well knowu that tho date of charters, and such-like grants, is no proof of the real day on which they were signed liy the sovereign. Tapersof that kind commonly pass through different offices: tho date is affixed by the fiist office, and may precede very long the day of tho siguatuie. The account given by Morton of the manner in which the papers came into his hands, is very natural, AVhi n he gave it to the English commissioners, he had reason to think it would be canvassed with all the se- verity of able adversaries, interested in the highest degree to refute it. It is probable that he could havo confirmed it by many circnntstances and testimonies, since they declined the contest. Tho soniuts are inelegant; insomuch that both I!rantome ami Itonsaid, who knew qtieen Mary's style, were assured, when they saw them, that they could not be of her composition. Jebb, vtd. ii. p. 478. lint no j^erson is equal in his productions, especially one whose style is so little formed as Mary's must be supposed to be. Not to mention that such dangerous and criminal enterpiif- portant secret, merely by way of conversation ? We m.ay also observe, that lord Hern is himself was one of queen Slary's commissioners who accused Murray. Had he ever heard this story, or given credit to it, 'A-as not that the time to liave jn-oduced it ! mid not 894 NOTES TO VOLUME I have affirmed, as he did, that he for his part knew uothiinr of Murray's guilt? See Goodall, vol.ii.p. 307. Tlic carls of Iliintley and Arj^yle accuse Murray of •his crime ; but the reason which they assign is ridicu- lous. Ho had given his consent to Mary's divorce from the king ; therefoi-e he was the king's murderer. See Anderson, vol. iv. part 2, p. 192. It is a sure ar"-umer.t that these carls knew no better proof against Muri-ay, otherwise they would have produced it, and not have insisted on so absurd a presumption. Was not tliis also the time for Huntley to deny his writing JIary's contract with Bothwel, if that paper had been a forgery ? Aluriay could have no motive to commit that crime. The king, indeed, bore him some ill will ; but the king himself was become so despicable, both from his own ill conduct and the queen's aversion to him, that he could neither do good nor harm to anybody. To judge l>y the event in any case is always absurd, especially in the present. The king's murder, indeed, prooM-cd Murray the regency ; but much more Mary's ill conduct and imprudence, which lie could not pos- sibly foresee, and which never would have Imppened had she been entirely innocent. No!eaX,p.414. I believe there is no reader of common sense who does not see from the narrative in the text, that the author means to say, that queen Mary i-efuses con- stantly to answer before the English commissioners, but off^-rs only to answer in person before queen Elizabeth in ]ierson, contrary to her practice during the whole course of the conference, till tlie moment the evidence of her being an accomplice in her hus- band's murder is unexpectedly produced. It is true, the author having rejieated four or five times an ac- count of this demand of being admitted to Elizabeth's presence, and having expressed his opinion that, as it had been refused from the beginning, even before the commencement of the conferences, she did not expect it would now be complied with, thought it impossible his meaning coiild be misunderstood ; (as indeed it was impossible ;) and not being willing to tire his reader with continual repetitions, he mentions in a passage or two, simply, that she had refused to make any answer. I believe also, there is no reader of common sense who peruses Anderson or Goodall's collections, and does not see that, agreeably to his narrative, queen JIary insists unalterably and strenuously on not continuing to answer before the English commissioners, but in- sists to be heard in person by queen Elizabeth in per- Eon ; thoiigh once or twice, by way of bravado, she says simply, that she will answer and refute her ene- mies, without inserting this condition, whicli still is un- derstood. But there is a person that has writ an " En- quiry historical and critical into the Evidence against Mary Queen of Scots ;" and has attempted to refute the foregoing narrative. He quotes a single passage of the narrative, in which Mary is said simply to refuse answering ; and then a single passage from Goodall, in which she boasts simply that .she will answer ; and he very civilly, and almost directly, calls the author a liar, on account of this pretended contradiction. 'J'hat whole Enquiry, from beginning to end, is composed o^ such, scandalous artifices ; and from tliis instance the reader may judge of the candoui', fair dealing, ve- racity, and good manners of the Enquirer. Tliere are, indeed, three events in our liistory, which may be regarded as touchstones of party-men. An English "Whig, who asserts the reality of the popish plot, an Irish catholic, who denies the massacre in 1G41, and a Scotch Jacobite, who maintains the innocence of queen Mary, must be considered as men beyond the reach of argument or reason, and must be left to their prejudices. Noln 3 Y, p. 479, By Murden's state papers, published after the writ- ing of this historv-, it appears, tha' an agreement had been made between Elizabeth and the regent for the delivering up of Mary to him. The queen afterwards .sent down Killigrew to the eai-1 of Atarre when regent, offering to put Mary into his hands. Killigrew was instructed to take good security from the regent, that the queen should be tried for her crimes and that the sentence should be executed upon her. It appears that Jfarre rejected the offer, because we liear no more of it. Nolo 3 Z, p. 480. Sir James Melvil, p. lOa, 109, ascribes to Elizabeth a positive design of animating the Scotch factions against each other ; but his evidence is too inconsider- able to counterbalance many other authorities, and is, indeed, contrary to her subsequent conduct, as well as lier interest, and the necessity of her situation. It was plainly her interest tliat the king's party .should prevail, and nothing could have engaged her to stop their progress, or even forbear openly assisting them, but her intention of still amusing the queen of Scots, by the hopes of being peaceably restored to her throne. See further, Strype, a'oI. ii. Append, p. 20. Note 4 A, p. 497. That the queen's negoeiatlons for marrying the duke of Anjou were not feigned nor political, appears clearly from many circumstances ; particularly from a passage in Dr. Forbes's manuscript collections, at pre- sent ill the possession of lord Royston. She there en- joins Walsingham before he opens the treaty, to ex- amine the person of the duke ; and as that prince had lately recovered from the snuill-pox, she desires lier ambassador to consider, whether he yet retained so much of his good looks, as that a woman could fix her affections on him. Had she not been in earnest, and had she only meant to amuse the public, or the court of France, this circumstance was of no moment. NolciB,p. 502. D'Ewes, p. 328. The puritanical sect had indeed gone so far, that a book of discipline was secretly sub- scribed by above five hundred clergymen ; and the presbyterian government thereby established in the midst of the church, notwithstanding the rigour of the pi'elates and ot the high-commission. So impossible is it by penal statutes, however severe, to suppress all religious innovation. See Neals Hist, of the Tm-itans, vol. i. p. 483. Strype's Life of Whitgift, p. 291. Note iC, p. 502. This year the earl of Northumberland, brother to the earl beheaded some years before, li.ad been en- gaged in a conspiracy with lord Paget for the deliver- ance of the queen of Scots. He was thrown into the Tower ; and being conscious that his guilt could be jiroved upon him, at least that sentence would infulli- bly be pronounced against him, he freed himself from further prosecution by a voluntary death. He shot himself in the breast with a pistol. About the same time the earl of Arundel, son of the unfortunate duke of Norfolk, having entered into some exceptionable measures and reflecting on the imhappy fate which had attended his family, endeavoured to depart se- cretly beyond sea, hut was discovered and thrown into the Tower. In 1587, this nobleman was brought to big trial for high-treason ; chiefly because he had drojiped some ex]u'essions of affection to the Spa- niards, and liad affirmed that ho would have masses said for the .success of the Armada. His peers found him guilty of treason : this severe sentence was not executed ; but Arundel never recovered his liberty. He died a prisoner in 1595, He carried his religioufl J NOTES TO VOLUME I. 89o aiistoritics so far, that they were believed the immedi- ate cause of liis death. Note A D, p. &05. Sfary's extreme aniiiiosity against Elizabeth may easily Iio conceived, and it broke out about this time in an incident whicli m.iy appear curious. Wliilo tlie former queen was kept iu custody by the carl of Shrewsbury, she lived dining a long time in great intimacy with the countess; but thnt lady entertaining a jealousy of an amour between her and the earl, their friendship w.is converted into enmity: and Mary took a method of revenge, nliicli at once gratified her spite a{cainst the countess and that against Elizabeth. She wrote to the queen, informing her of all the malicious, scandalous stories which, she said, the countess of Shrewsbnr)- had reported of her: that Eliz.ibeth had given a jiromise of marriage to a certain person, whom she afterwards often admitted to her 1 cd : that she had been equally indulgent to Siniiir, the French agent, and to the duke of Anjou : that Ilatton was also one of her paramours, who was even disgusted with her exces- sive love and fondness : that though she was, on other occasions, avaricious to the last degree, as well as un- grateful, and kind to very kv, she spared no expense in gratifying her amorous p.issions : that notwithstand- ing her licentious amours, she was not made like other women ; and all those who courted her marriage would in the end bo disappointed : that she was so conceited of her beauty, as to swallow the most extravagant flattery from her courtiers, who could not on these occasions, forbear even sneering at her for her fo ly : that it was usual for them to tell her, that the lustre of her beauty dazzled them like that of the sun, and they could not behold it with a fixed eye: she added, that the countess bad said, that Mary's best policy would bo to engage her son to make love to the queen; nor was tlieie any danger that such a proposal would be taken for mockery ; so ridiculous was the opinion which she had entertained of her own charms, iihe pretended that the countess had represented her as no less odious iu her temper tli.in profligate in her man- ners, and absurd in her vanity: that she h;id so beaten a young woman of the name of Scudamore, as to break that lady's finger; and in order to cover over the matter, it was pretended that the accident had pro- ceeded from the fall of a candlestick: that she had cut another across the hand with a knife, who had been so unfortunate as to offend her. JIary added, that the countess had informed her, that Elizuhetli had suborned llolstono to pretend friendship to her, in order to de- bauch her, and thereby throw infamy on her rival. See Murden's State Papers, p. 558. This imprudent and malicious letter was written a very little before the detection of Mary's conspiracy; and contributed, no doubt, to render the proceedings against her tlie more rigorous. How far all these imputations against Klizabetli can be credited may perhaps appear doubt- ful : but her extreme fondness for lycicesier, Ilatton, and Essex, not to mention -Mountjoy and others, with the curious passages between her and ailmiral Sey- mour, cor.tained iu naynes, render her chastity very mivch to be sespected. Her self-conceit with regard to beauty, we know from other undoubted authority to have been extravagant. Even when she was a very old woman, she allowed her courtiers to flatter her with legard to her ejrcellenl teaiilies. Birch, vol. ii. p 442, 4-13. Her passionate temper may also be proved from many lively instances, and it was not unusual with her to beat her maids of honour. See the Siilney |iapors, vol. ii. p. 3R. The blow she gave to Essex before tho privy-council is another instance. There remains in the ifuseum a letter of the earl of Hunt- ingdon's, in which he com|dains grievously of the queen's pinching his wife very sorely, on account of some quarrel between them. Had this princess been bom in a private station, she would not have been very amiable : but her absolute anthorlty, at the same timij that it gave an uncontrolling swing to her violent pas- sions, enabled her to compensate her infirmities by many great and signal virtues. Note 4 E, p. 508. Camden, p. 525. This evidence was that of Curie, her secretary, whom she allowed to be a very honetit man ; and who, as well as Nan, had given proofs of his integrity, by keeiiing so long such important secrets, from whose discovery he could have reaped the greatest profit. Mary, after all, thought that she had so little reason to complain of Curie's evidence, that she took care to have liim paid a considerable sum by her will, which she wrote the day before her death. Goodall, vol. i. p. 413. Neither ilid she forget Nau, though less satisfied iu other respects with his conduct. Jbid. Note 4 I', ;;. 508. The detail of this conspiracy is to be fonnd in a letter of tlie queen of Scots to Charles Paget, her great confidant. This letter is dated the 20th of Mav, 1586, and is contained in Dr. Forlies's manuscript collections, at present in the possession of lerd Royston. It is a copy attested by Curie, Mary's seeretaiy, and indorsed by lord liurleigli. What proves its authenticity be- yond question is, that we find in Murden's collection, p. 51(!, that Mary actually wrote that very d.ay a letter to Charles Paget: and further she mentions in the manuscript letter, a letter of Charles Paget's of the lOth of April ; now we find by Murden, ji. 50C, that Charles Paget did actually write her a letter of tliat date. This violence of spirit is very consistent with Mary's character. Her maternal aftection was too weak to oppose the gratification of her passions, particularly her pride, her ambition, and her bigotry. Her son, having made some fruitless attempts to associate her with him in the title, and having found the scheme im- practicable, on account of the prejudices of his pro- testant subjects, at last desisted fiom that design, and entered into an alliance with i-^ngland, without com- prehending his mother. She was in such a rao-e at this undutiful behaviour, as she iuuigined it, that she wrote to queen Elizabeth, that she no longer cared what became of him or herself in the world; the greatest satisfaction she could have before her death was, to see him and all his adherents become a signal example of tyranny, ingratitude, and impiety, and undergo the vengeance of God for their wickedness. She would find in Christendom other heirs, and doubted not to put her inheritance in such hands as would retain the firmest hold of it. She cared not, after taking this revenge, what became of her body ; the quickest death would then be the most agreeable to her. And she assured her that, if he persevered, she would disown him for her son, and would give him her malediction, would disinherit him, as well of his present possessions as of all he could expect bv her; abandoning him not only to her subjects to treat him as they had done her, but to all strangers to subdue and conquer him. It was in vain to employ menaces against her: the fear of death or other misfortune would never induce her to nuike one step, or pronounce one .syll.able beyond what she had determined : she would rather perish with honour, in maintaining the dignity to which God had raised her, than degrade her- self by the least pusillanimity, or act what was un- worthy of her station and of her r?ce. iiturden, p. 5C6, 5C7. .lames said to Courcelles, the French ambassador, that he had seen a letter umler her own hand, in w hich she threatened to disinherit him, and said that he miirht betake him to the lord.sbip iif Darnlev : for that was all he had by his father. Courcelles' Letter, a MS. of Dr. Campbell 8. There is in Jebb, vol. ii. p. 573, s 896 NOTKS TO VOLUME I. ]cttt'r of Iier's. where elie throws out the same menace a;;ainst him. Wo (iud tliis scheme of seizing the king of Scots, and delivering him into the hands of the iiojio or the king of Spain, proposed hy Morgan to JIary. See Jlurden, p. 525. A mother must be very violent to whom one n-o'iki dare to maUe such a proposal : but it seems she a.ssenled to it. AVas not such a woman very capable of murdering her Imshaud, who had so grievously ottended her. Note 4 G, p. 509. The volume of State Papers collected hy Murden, prove beyond controversy, that JIary was long in close correspondence with Bahington, p. 513, 516, 532, 533. She entertained a like correspondence with liallard, Jlorgan, and Charles I'aget, and laid a scheme with them for an insurrection, and for the invasion of Eng- land, by Spain, p. 523, 531. The same papers show, that there had been a discontinuance of Babington's correspondence, agreeably to Camden's narration. Sec State Papers, p. 513, where Jlorgan recommends it to queen Mary to renew her correspondence with Babington. These circumstances prove, that no weight can be laid on Mary's denial of guilt, and that lier correspondence witli Babington contained particulars which could not be avowed. Note 4 H, p. 509. There are three suppositions by which the letter to Babington may be accounted for without allowing Mary's concurrence in the conspiracy for assassinating Elizabeth. The first is, that which she seems herself to have embraced, that her secretaries had received Babington's letter, ami had, without any treacherous intention, ventured ot themselves to answer it, and had never communicated the matter to lier: but it is ut- terly improbable, if not impossible, that a princess of so much sense and spirit should, iu an affair of that inr- portance, be so treated by her servants who lived in the house with her, and who had every moment an op- portunity of communicating the secret to her. If the conspiracy failed, they must expect to suffer the se- verest p\inishment from the court of England; if it succeeded, the lightest punishment which they could hope for from their own mistress, must be disgrace on account of their temerity. Not to mention, that Mary's concurrence was in some degree requisite for effecting the design of her escape ; it was proposed to attack her guards while she was employed in hunting ; she must therefore concert tlie time and place with the conspirators. The second supposition is, that these two secretaries were previously traitors ; and being gained by \Valsingham,had made such a re]>ly in their mistress's cypher as miglit involve her in the guilt of the conspiracy. But these two men had lived long with the queen of Scots, had been entirely trusted by her, and had never fallen under suspicion either with her or her partisans. Camden informs us, that Curie af- terwards claimed a reward from Walsingham on ])re- tence of some promise; but Walsingham told him that lie owed him no reward, and that he had made no diseo- veriesonhis examination, whic'li were not known witli certainty from other quarters. The third supposition is, tliat neither the queen nor the two secretaries. Nan and Curie, ever saw Babington's letter, or made any an- swer ; but that A,Valsingh.am having deciphered the former, forged a reply. But this su])position implies the falsehood of the whole story, told by Camden, of Gifi'ord's access to the queen of Scots' family, and Paulet's refusal to concur in allowing her serv;ints to bo bribed. Not to mention, that as Nan's and Curio's evidence must, on this .supposition, have been extorted by violence and terror, they would necessarily have been engaged, for their own justification, to have told the trutii afterwards ; especially upon the accession of James. But Camden informs us, that Nau. even after that event, persisted still in his testimony. We must also consider, that the two last supposi- tions imply such a monstrous criminal'conduct in "Wal- singham, and cunsequently in Elizabeth, (for the matter could be no secret to her,) as exceeds all credibility. If we consider the situation of things, and the preju- dices of the times, Mary's consent to Babington's con- spiracy appears much more natural and jirobable. She believed IClizabelh to be an usurper and a heretic: she regarded her as a personal and a violent enemy : she knew that schemes for assassinating heretics were very familiar in that age, and generally approved of by the court of Home and the zealous catholics : her own liberty and sovereignty were connected with the suc- cess of this enterprise : and it cannot appear strange, that where men, of so much merit as Bahington, could be engaged by bigotry alone, in so criminal an enter- jirise, JIary, who was actuated by the same motive, joined to so many others, should have given her con- sent to a scheme projected by her friends. We may be previously certain, that if such a scheme was ever communicated to her, with any prob.ability of success, she would assent to it : and it served the purpose of Walsingham and the English ministry to facilitate the communication of these schemes, as soon as they had gotten an expedient for intercepting her answer, and detecting the conspii-acy. Now Walsingham's knowledge of the matter is a supposition necessary to account for the letter delivered to Baliington. As to the not punishing of Nau and Curie by Eliza- beth, it never is the practice to ])unish lesser criminals, w ho had given evidence against the principal. But what ought to indece ns to reject these three suppositions is, that they nmst all of them be consi- dered as bare possibilities: the partisans of Mary can give no reason for preferring one to the other : not the slightest evidence ever appeared to support any one of them : neither at that time, nor at any time after- wards, was any reason discovered, by the numerous zealots at home and abroad, who had embraced Mary's defence, to lead ns to the belief of any of these three suppositions; and even her apologists at present seem not to have fi.xed on any choice among these supposed possibilities. The positive proof of two very credible witnesses, supported by the other very strong circum- stances, still remains nnimpeached. Babington, who had an extreme interest to have communication with the queen of Scots, believed he had found a means of correspondence with her, and had received an answer from her: he, as well as the other conspirators, died in that belief : there has not occurred, since that time, the least argument to prove that they were mistaken : can there be any reason at present to doubt the trutli of their opinion ? Camden, though a professed apologist for JIai-y, is constrained to tell the story in such a manner as evidently supposes her guilt. Such was the impossibility of finding any other «onsistent account, even by a man of parts, who was a contemporary ! In this light might the question have a]ipeared even dm-ing Mary's trial. But what now puts her guilt be- yond all controversy is the following passage of her letter to Thomas Morgan, dated the 27th"of July, 1586. "As to Babington, he hath both kindly and honestly offered himself ami all his means to bo em- ployed any way I would : whereui)on I hojic to have satisfied hiui by two of my several letters since I had his ; and the rather, for that I ojiened him the way, whereby I received his with your afoicsaid." Mur- den, ]). 533 — Babington confessed, that he had offered her to assassinate the queen. It ajipears by this that she had accepted the offer; so that all the supposi- tions of Walsingham's forgery, or the temerity or treachery of her secretaries, fall to the ground. A'ole 4 I, p. 510. This parliament granted the queen a supply cf a NOTES TO VOLUME I. «87 subsidy and two fifteenths. They adjourned, and met uf;am after the extcution of the queen of Scots ; when tliey passed some remarkable incidents, which it may be proper not to omit. We shall give them in the words of sir Simon D'Kwes, p. 410, 411, which are al- most wholly transcribed from Townshend's Journal. On Monday the 27th of February, Mr. Cope, first usicg some speeches toucliing the necessity of a learned ministrj', and the amendment of things amiss in the ecclesiastical estate, oft'ered to the house a bill and a book written ; the bill containing a jjetition that it might be enacted, that all laws now in force touch- ing ecclesiastical government should be void : and that it might be enacted, that that book of common prayer now oiFered, and none other, might be received into the church to be used. The book contained the form of prayer and administration of the saciaments, with divers rites and ceremonies to be used in the church ; and he desired that the book might be read. Where- upon Mr. Speaker in effect used this speech : for that her majesty before this time had commanded the house not to meddle with this matter, and that her majesty had promised to take order in those causes, he doubted not but to the good satisfaction of all her people, he desired that it would please them to spare the reading of it. Notwithstanding the house desired the reading of it. Whereupon Mr. Speaker desired the clerk to read. And the court being re.idy to read it, >Ir. Dal- ion made a motion against the reading of it ; saying, that it wa; not meet to be read, and it did appoint a new form of administration of the sacraments and ceremonies of the church, to the discredit of the book of common prayer, and of the whole state; and thought tl:at this dealing would bring her majesty's in- dignation against the house, thus to enteiprise this dealing with those things w hich her majesty especiallv liad taken into her own charge and direction. Where- upon Mr. Lewkenor spake, showing the necessity of preaching and of a learned ministry, and thought it veiy fit that the petition and hook should be read. To this puri)Ose spake Mr. Ilurleston and Mr. Bainbrigg; and so, the time being passed, the house broke up, and neither the petition nor book read. This done, her uiajesty sent to Jlr. Speaker, as well for this petition and book, as for that other petition and book for the like efl'dct, that was delivei'ed the last session of par- liament, which Mr. Speaker sent to her majesty. On Tuesday the 21!th of February, her majesty sent for Mr. Speaker, by occasion whereof the house did not sit. On Wednesday the first day of March, Sir. Wont- worth delivered to Mr. Speaker certain articles, which contained questions touching the liberties of the house, and to some of which he was to answer, and desired they might be road. Mr. Speaker desired him to spare his motion, until her majesty's pleasure was further known, touching the petition and book lately dehvered into the house ; but Mr. Wentworth would not be so satisfied, but required his articles might he read. Jlr. Wentworth introduced his queries by lamenting, that he as well as many others were deterred from speaking, by their want of knowledge and experience iu the li- berties of the house ; and the queries were as follow : Whether this council were not a place for any member of the same here assembled, freely and without con- trolment of any person or danger of laws, by bill or speech to utter any of the griefs of this commonwealth whatsoever, touching the service of God, the safety of the prince and this noble realm ? Whether that great honour may be done unto God, and benefit and service unto the prince and state, without free speech in this council that may be done with it ! Whether there be any council which can make, add, or diminish from the laws of the realm, but only this council of parliament '. Whether it be not against the orders of thiscoiincil to make any secret or matter of weight, w hich is here in hand, known to the prince, or any other, concerning the high service of God, prince, or state, without the eon- Bontofthehouse! Whet her thespeakeroranvotliermay Vol. I. 1- . / intemipt any member of this council in his speech usoJ in this house tending to any of the forenamcd services! Whether the speaker may rise when he will, any matter being propounded, without consent of the house or not ! Whether the speaker may overrule the house in any matter or cause there in question, or whether he is to be ruled or overruled in any matter or not ! AVhether the prince and state can continue, and stand, and be maintained, without this council of parliament, not altering the government of the state >. At the end of tliese questions, says sir Simon D'Fwes, I found set down this short note or memorial ensuing ; hy which it may be perceived, hoth what Serjeant I'uckering, the speaker, did wiih the said questions at"ter he had re- ceived them, and what became also of this business, viz. "These questions Mr. Puckering pocketed up and showed sir Thomas Ileneage, who so handled the matter that Mr. Wentworth went to the Tower, and the questions not at all moved. Jlr. Buckler, of Essex, herein brake his faith iu forsaking the matter, &c. and no more was done," After setting down, con- tinues sir Simon D'Kwes,the said business of Mr. Went- worth in the original journal-book, there follows only this short conclusion of the day itself, viz. " This day, Mr. Speaker being sent for to the queen's majesty, the house departed." On Thursday tlie second of March, Mr. Cope, Mr. Lewkenor, Mr. Ilurleston, and Mr. Bainbrigg, were sent for to my lord chancellor, and by divers of the privy-council, and from thence were sent to the Tower. On Saturday the fourth day of March, sir John Highani made a motion to this house, for that divers good and necessary members thereof were taken from them, that it would please them to be humble petitioners to her majesty for the restitution of them again to this house. To which speeches JIi-. Vice- chamberlain answered, that if the gentlemen were committed for matter within the compass of the pri- vilege of the house, then there might be a petition; but if not, then we should give occiusion to her ma- jesty's further displeasure : and therefore advised to stay until they heard more, which could not be long : and further he said, touching tlie book and the peti- tion, her majesty had, for divers good causes best known to herself, thought fit to sujiprtss the same, without any further exarai«ation thereof; and yet thought it very unfit for her majesty to give any ac- count of her doings. But, whatsoever Mr. Vice- ehambcrlaiu pretended, it is most probable these mem- bers were committed for intermeddling with matters touching the church, which her majesty had often iu- hibited, and wliich had caused so much disputation and so many meetings between the two houses the last parliameut. Tills is all we find of the matter in sir Simon D'F.wes and Townshend ; and it appears that those members who had been committed, were detained in custody till the queen thought ])roper to release them. These questions of Mr. Wentworth are curious ; because they contain some faint dawn of the present English con- stitution; though .suddenly eclipsed by the arbitrary government of Elizabeth. Wentworth was indeed, by his Puritanism, as well as his love of liberty (for these two characters of such unequal merit arose and advanced together,) the true forerunner of the Hamb- dens, the l'yms,and the HolUses, who in the next age, with less courage, because with less danger, rendered their principles so triumphant. I shall only ask, whether it be not sufficiently clear from all these trans- actions, that in the two succeeding reigns it was the people who encroached upon the sovereign ; not the sovereign who attempted, as is pretended, to usurp upon the people i Nole 4 K, p. .'J18. The queen's speech in the camp of Tilbury w.is in tliese wolds : — " .My loving people, we have been per- suaded by some, that are careful of our safety, to take heed how we commit oni-sclves to armed multitudes. 698 NOTES TO VOLUME I. for fear of trcacliery ; but assure you, I do not desire to live to distrust liiy faitlil'ul aud loving pooplo. Let tyrants fear: I liave always so behaved myself, that, under God, I Iiave placed my chiefest strength and safeguard in the loyal hearts and good-will of my sub- jects. And tliercfore I am coma amongst yo>i at this tirae,notasformy recreation or sport,but being resolved, in themidst and heat oftlie battle, to live or die amongst you all ; to lay down, for my God, aud for my kingdom, and for my peojile,my honourand my blood, even in the dust. I know I have but the body of a weak and feeble ■woman, but I have the lieart of a king, and of a king of England too ; and think foul scorn that Parma, or Spaiu, or any prince of Europe, sliould dare to in- vade the borders of my realms, to wliicli, rather than any dishonour should grow by nie, I myself will take up arms : I myself will be your general, judge, and rewarder of every one of your virtues in the field. I know already, by your forwardness, that you have deserved rewards and crowns ; and we do assure you, on the word of a prince, they shall be duly ]).aid you. In the meantime my lieutenant-general shall be in my stead, than whom never prince commanded a more noble and worthy suliject ; not doubting byj'our obedieuce to my general, by your concord in tlie camp, and your valour in the field, we shall shortly have a famous victory over those cueuiies of my God, of my kingdom, and my people." Note 4 L, p. 520. Strype, vol.iii. p. 525. On the fourth of September, soon after the dispersion of the Spanish Armada, died the earl of Leicestei-, the queen's great, but unworthy favourite. Her affection for him continued to the last. He had discovered no conduct in any of his military enterprises, and was suspected of cowardice ; yet die intrusted him with the command of her armies during the danger of the Spanish invasion ; a parti- ality which might have proved fatal to her, had the duke of Parma been able to land his troops in Eng- land. She had even ordered a commission to be drawn for him, constitutiug him her lieutenant in the king- doms of England and Ireland ; but Burleigh and Hatton represented to Her the danger of intrusting such unlimited authority in the hands of any subject, and prevented the execution of that design. No won- der that a conduct so unlike the usual jealousy of Elizabeth, gave reason to suspect that her partiality was founded on some other passion than friendship. But Elizabeth seemed to carry her affection to Lei- cester no further than the grave : she ordered his goods to be disposed of at a public sale, in order to reimburse herself of some debt which he owed her; and her usual attention to money was observed to pre- vail over her regard to the memory of the deceased. This earl was a great hypocrite, a pretender to the strictest religion, an encourager of the puritans, and a founder of hospitals. Note i M, p. 520. Strype, vol.iii. p. 542. Id. Appendix, p. 239. There are some singular jiassagcs in this last speech, which may be worth taking notice of; especially as they came from a member who was no courtier; for he argues against the subsidy : " And first," says he, " for the necessity thereof I cannot deny, but if it were a charge imposed upon us by her majesty, by her ma- jesty's commandment, or a demand proceeding from her majesty by way of request, that I think there is not one amongst us all, either so disobedient a subject in regard of our duty, or so unthankful a man in re- spect of the inestimable benefits whicli, by her or from lier, we have received, wliich would not with frank consent, both of voice and heart, most willingly sub- mit himself thereunto, without any unreverend in- (j-uiry into the causes thereof; for it is continually in the mouth of us all, that our lands, goods, and llies are at our prince's disposing. And it agreeth veiv well with that position of the civil law, which sayetii, 'Quod omnia regis sunt. ' But how? 'Ita tamen ut omnium sint. Ad regem enim potestas omnium per- tinet : ad singulos proprietas.' So that altliough it must be true that her majesty hath over ourselves and our goods polestatem imperandi • yet it is true, that until that power command, (which, no doubt, will not command without very just cause,) every subject hath his own prvprielaiem possinenrU, Which power and commandment from her majesty, which we have not yet received, I take it (saving reformation) tliat WG are freed from the cause of necessity. And the cause of necessity is the dangerous estate of the common- wealth," cSlc. The tenor of the speech pleads ratlier for a general benevolence than a subsidy ; for the law of Richard III. against benevolence was never con- ceived to have any force. The member even proceeds to assert, with some precaution, that it was in the power of a parliament to refuse the king's demand of a sub- sidy ; and that there was an instance of that liberty in Henry III.'s time, near four hundred years be- fore. Sub fine. Note 4 N, p. 521. We may judge of the extent and importance of these abuses by a speech of Bacon's against purveyors, delivered in the first session of the first parliament of the subsequent reign, by which also we may learn, that Elizabeth had given no redress to the grievances complained of. " First," says he, " they take in kind what they ought not to take ; secondly, they take in quantity a far greater ]>roportion than conieth to your majesty's use ; thirdly, they take in an unlawful manner, in a manner, I say, directly and expressly prohibited by the several laws. For the first, I am a little to alter theii- name ; for instead of takers tliey become taxers : in- stead of taking provisions for your majesty's service, they tax your people ad redimendam vexutionem ; im- posing upon them and extorting from them divers sums of money, sometimes in gross, sometimes in the natiire of stipends annually paid, ne noceant, to be freed and eased of their oppression. Again, they take trees, which by law they cannot do ; timber-trees, which are tlie beauty, countenance, and shelter of men's houses ; tliat men have long spared from their own purse and profit ; that men esteem for their use aud delight, above ten times the value; tliat are a loss which nun cannot repair or recover. These do they take, to the defacing and spoiling of your subjects' mansions and dwellings, except they may be compounded with to their own appetites. And if a gentleman be too hard for them while ho is at home, they will watch their time when there is but a bailiff or a servant remaining, and put the axe to the root of the tree, ere ever the master can stop it. Again, they use a strange and most unjust exaction in causing the subjects to pay poundage of their own debts, due from your majesty unto them; so as a poor man when lie lias had his hay, or his wood, or liis poultry (which percliance he was full loath to partwitli, and had for tlie provision of his own family, and not to put to sale) taken from him, and that not at a just price, but under the value, and cometh to receive his money, he shall have after the rate of twelve-pence in the pound abated for poundage of his due payment upon so hard conditions. Nay, further, they are grown to that extremity, (as is affirmed, though it be scarce credible, save that in sueli persons all things are credible,) that they will take double poundage, once when the debenture is made, ami again the second time, when tlie money is paid. Fur the second point, most gracious sovereign, touching the quantity whicli they take far above that wliich is an- swered to your majesty's use ; it is affirmed unto mo by divers gentlemen of good report, as a matter which I may safely avouch unto your majesty, that there is NOTES TO VOLUME I. 89D no pound profit which rodoimdeth unto your majesty in this course, but induceth and b<'gcttoth tliree pound damage upon your subji'Cts, beside the discontentment. And to tlie end they make their spoil more securely, what do tlicy ? \\hereas divers statutes do strictly provide, that whatsoever they take shall be registered and attested, to the end that by making a collation of that which is taken from the country and that which is answered above, their deceits might appear, they, to the end to obscure their deceits, utterly omit the ob- servation of this, which tho law prescribeth. And therefore, to descend, if it may please your majesty, to the third sort of abuse, which is of tho unlawful nian- uer of their taking, whereof tills question is a branch ; it is so manifold, as it rather asketh an enumeration of some of the particulars than a prosecution of all. For their price, by law, they ought to take as they can agree with the subject ; by abuse, they take at an im- posed and enforced price : by law, they ought to take but one ajjprizement by neighbours in the country ; by abuse, they make a second apprizement at the court- gate ; and when the subjects' cattle come up many miles, lean and out of plight by reason of their travel, then they prize them anew at an abated price: by law, they ought to take between sun and sun; by abuse, they take by twilight and in the night-time, a time well chosen for malefactors : by law, they ought not to take in the highways; (a place by her majesty's high preio- pfativo protected, and by statute by special words ex- cepted ;) by abuse, they take in the highways : by law, they ought to show their commission, &c. A number of other jjarticulars there are, &c." Bacon's Works, vol. iv. 305, 30C. Such were the abuses which Elizabeth would neither permit her parliaments to meddle with, nor redress licr- eelf. I believe it will readily be allowed, that this slight prerogative alone, which has passed almost unobserved amidst other branches of so much greater importance, was sufficient to extinguish all regular liberty. I''or what elector, or member of parliament, or even juryman, durst oppose the will of the court, while he hiy under the lash of such an arbitrary prerogative ? For a fur- ther account of the grievous and incredible oppressions of purveyors, see the Journals of the House of Com- mon, vol. i. p. 190. There is a story of a carter which may be worth mentioning on this occasion. " A carter had tliree times been at Windsor with liis cart to carry away, upon summons of a remove, some part of the stuff of her majesty's wardrobe; and wheu he had re- paired thither once, twice, and the third time, aud that they of the wardrobe had told him the third time that the remove held not, the carter, clapping his hand on his thigh, said, ' Now I see that tho queeu is a woman as well as my wife.' Which words being overheard by her majesty, who then stood at the window, she said, ' What a villain is this ?" and so sent him three angels to stop his mouth." Birch's Memoirs, vol. i. p. 155. Nole 4 O, p. 523. This year the nation suffered a great loss, by the death of sir Francis Walsingham, secretary of state; a man equally celebrated for his abilities and his inte- grity, lie had passed through many employments, had been very frugal in liis expense, yet died so poor that his fainily w.is obliged to give him a private burial. He left only one daughter, first married to sir I'hilip Sidney, then to the earl of Fssex, favourite of queeu Elizabeth, aud lastly to the earl of Clanricardo of Ire- land. The same year died Thomas Ilaudolph, who had been craployed by the queeu in several embassies to Scotland ; as did also the carl of Warwick, elder brother to Leicester, Note 4 P, ;). 524. This action jf sir Richard GreenuUeis so singular as to merit a more particular relation. He was engaged alone with the whole Spanish fleet of fifty-three &a.\\, which had ten thousand men on board ; and from tlie time the fight began, which was about tliree in the afternoon, to the break of next day morning, he re- pulsed the enemy fifteen times, though they coutiuually shifted their vessels, and boarded with fresh men. lu the beginning of the action he himself received a wound ; but he continued douig his duty above deck till eleven at night, wheu receiving a fresh wound, he was carried down to be dressed. During this opera- tion he received a shot in the head, and the surgeon was killed by his side. The English began now to want powder; all their small arms were broken or be- come useless; of this number, which were but a hundred and three at first, forty were killed, and almost all the rest wounded ; their m;ists were beat overboard, their tackle cut in pieces, and nothiug but a hulk left, unable to move one way or other. In tliis situation sir Itichaid proposed to the ship's company, to trust to the mercy of God, not to that of the Spaniards, and to destroy the ship with themselves, rather than yield to tho enemy. The master-gunner, aud many of the seamen, agreed to this desperate resolution ; but others opposed it, and obliged Greenville to surrender himself prisoner. He died a few days after; and his last words were: — "Here die I, llichard Gieeuville, with a joyful and quiet mind ; for that 1 have ended my life as a true soldier ought to do, fighting for his country, queeu, reli- gion, and honour : my soul willingly departing from this body, leaving behind the lastiug fame of having behaved as every valiant soldier is iu his duty bound to do." The Spaniards lost in this sharp, though un- equal action, four ships, aud about a thousand men. And Greenville's vessel perished soon after with two hundred Spaniards in her. Uuckluyt's A'oyages, vol. ii. p. lOU. Camden, p. 565. Note 4 Q, p. 529. It is usual for the speaker to d'squalify himself for the office : but the reasons employed by this speaker are so singular, that they may be worth transcribing. "My estate," said he, "is nothiug correspondent for the maintenance of this dignity ; for my father dying, left me a younger brother, and nothing to me but my bare annuity. Then growing to man's estate, and some small practice of the law, I took a wife, by whom I have had many children : the keeping of us all being a great impoverishing to my estate, and the daily living of us all nothing but my daily industry. Neither from my person nor my nature doth this choice arise : for he that supplieth this place ought to be a man big and comely, stately aud well spoken, his voice great, his carriage majestical, his nature haughty, and his purse plentiful aud heavy: but contrarily the stature of my body is small, myself nut so well spoken, my voice low, my carriage lawyer-like, and of the common fashion, my nature soft and bashful, my purse thin, light, and never yet plentiful. It Demosthenes, being so learned and eloquent as ho was, one whom none surpassed, ti emblod to speak before Phocion at Athens ; how much more shall I, being uulearned and unskilful to supply the place of dignity, charge and trouble, to spe.ak before so many Phocions as here be ? Yea, which is the greatest, before the unspeakable m-ijesty and sacred personage of our dread aud dear sovereign : the terror of whose countenance will appal and abase even tne stoutest hearts: yea, whose very uauie will pull down the greatest courage? For how mightily do the estate and name of a prince deject the haughtiest stomach even of their greatest subject 1" D'Ewes, p. 459. Nole A R, p. 531. Cabala, p. 234. Birch's Memoirs, vol, ii. p. 386. S'>ecd> p. 877- The whole letter of Essex is so curious 900 NOTES TO VOLUME I and so spirited, tliat the readev nmy not bo displeased to read it. "My veiy good lord; though there is not that i>ian this day li^■ing, whom I would sooner make judge of any question that might concern me than yourself, yet you must give me leave to tell you, that in some cases I must ajipcal from all earthly Judges ; and if any, then surely in this, wlien the highest judge on earth has imposed on me the heaviest punishment, without trial or hearing. Since then I must either answer your lordship's argument, or else forsake mine own just defence, I will force my aching head to do me service for an hour. I must iirst deny my dis- content, which was forced, to be an humorous discon- tent ; and that it was unseasonable, or is of so long continuing, your lordship should rather condole witli me than expostulate : natural seasons arc expected liere below; but violent and unseasonable storms come from above: there is no tempest equal to the pas- sionate indignation of a prince ; nor yet at any time so imseasonablo as wlien it lighteth on tliose tliat might expect a harvest of their careful and painful labours. He that is once wounded must needs feel smart till his hurt is cured, or the part hurt become senseless : but cure I expect none, lier majesty's heart being ob- durate against me; and be without sense I cannot, being of flesh and blood. But say you, I may aim at the end: I do moio than aim ; for I see an end of all my fortunes, I have set an end to all my desires. In this course do I anything for my enemies ? "When I was at court I found tliem absolute; and therefore I had luther they should triumph alone, than have me attendant upon their chariots. Or do I leave my friends ? When I was a courtier, I could yield them no fruit of my love unto them ; and now that I am a hermit, tliey shall bear no envy for their love towards me. Or do I forsalce myself, because I do enjoy my- self? Or do I oveitlirow my fortunes, because I build not a fortune of jiaper walls, which every puff of wind blowetli down ? Or do I ruinate my honour, because I ieave following the pursuit, or wearing the false badge or mark of the shadow of honour ? Do I give courage or comfort to tiie foreign foe, because I resei-ve m_vself to encounter with him ? Or because I keep my heart flora business, tliough I cannot keep my fortune from declining ? No, no, my good lord, I give every one of tliese considerations its due weight ; and tlie more I weigh them, the more I find myself justified from offending in any of them. As for the two last objec- tions, that I forsake my country when it hath most need of me, and fail in that indissoluble duty wliich I ov^e to my sovereign ; I answer, that if my country had at tliis time any need of my public service, her majesty, that governeth it, would not have driven me to a private life. I am tied to my country by two bonds; one public, to discharge carefully and industri- ously that trust wliicli is committed to me ; the otlier private, to sacrifice for it my life and carcase, whicli hath been nourished in it. Of the first I am free, being dismissed, discharged, and disabled by her majesty: of the other, nothing can free me but doatli : and there fore no occasion of my performance sliall sooner offer itself but I shall meet it half-way. The indissoluble duty which I owe unto her majesty, is only the duty of allegiance, which I never have, nor never can fail in ; the duty of attendance is no indissoluble duty. I owe her m.ijesty tlie duty of an earl, and of lord-marshal of England. I have been content to do her majesty the service of a clerk ; but I can never serve her as a villain or slave. But yet you say I must give way unto the time. So I do; for now that I see the storm come, I have put myself into the harbour. Seneca saith. We must give way to fortune : I know that fortune is both blind and strong, and therefore I go as far as I can out of her way. You say the remedy is not to strive : I neither strive nor seelc for remedy. But yon say, I must yield and submit ; I can neither yield myself to be guilty, nor allow the imputation laid upon me to be just ; I ewe bo much to the Author of all truth, as I can never yield truth to be falsehood, uoi' falsehood to be truth. Have I given cause, you ask ; and vet tako a scandal when I have done? No: I gave no cause, not so much as Fimbria's complaint against me ; for I did latum telum corporc recipere : receive the whole sword into my body. 1 patiently bear all, and sensibly feel all that I then received when this scandal wa8 given me. Nay, more : when the vilest of all indignities are done unto me." &c. This noble letter Bacon afterwards, in pleading against Essex, called bold and presumptuous, and derogatory to her majesty. Birch's Memoirs, vol. ii. p. 388. Note 4 S, p. 537. Most of queen Elizabeth's courtiers feigned love and desire towards her, and addressed themselves to her in the style of passion and gallantry. Sir Walter Raleigh, having fallen into disgrace, wrote the following letter to his friend sir Robert Cecil, with a view, no doubt, of having it shown to the queen. " My heart was never broke til! this day, that I hear the queen goes away so far off, wliom I have followed so many yeai's, with so great love and desire, in so many journeys, and am now left behind her in a dark piison all alone. While slie was yet near at hand, tliat I might hear of her once in two or three days, my sorrows were the less; but even now my heart is cast into the deptli of all misery. I, tliat was wont to behold her riding like Alexander, hunting like Diana, walking like Venus, the gentlu wind blowing her fair hair about her pure cheeks, like a nymph, somotimes sitting in the shade like a goddess, sometimes singing like an angel, sometimes playing like Orpheus ; behold the sorrow of this world ! once amiss hath bereaved mo of all. glory, that only shineth in misfortune I what is become of thy assur- ance ? All wounds have scars hut that of fantasy : all affections their relenting but that of womankind. Who is the judge of friendship but, adversity, or when is grace witnessed but in offences? There were no divinity but by reason of compassion ; for revenges are brutish and mortal. All those times past, the loves, the sighs, the sorrows, the desires, cannot they weigh down one frail misfortune ? Cannot one drop of gall be hid in so great heaps of sweetness ? I may then conclude, Spea ctfortuna, valele. She is gone in whom I trusted; and of me hath not one thought of mercy, nor any respect of that which was. Do with mo now therefore what you list. I am more weary of life than they are desi- rous I should perisli; which if it liad been for lier as it is by her, I had been too happily born." Jlurden, (357. It is to be remarked that this nymph, Venus, goddess, angel, was then about sixty. Yet five or six years after she allowed the same language to be held to her. Sir Henry Unton, her ambassador in France, relat to her a conversation wdiicli he had witli Henry IV. The monarch, after having introduced Unton to his mis- tress, the fair Gabriolle, asked him how he liked horP "I .answered sparingly in her praise," said the minis- ter, "and told him, that if, without offence, I might speak it, I li.ad the picture of a far more excellent mis- tress, and yet did her jiictiue come far short of her perfection of beauty. As you love me, said he, show it me if you have it about you. I made some difficulties; yet, upon his importunity, offered it to his view very secretly, holding it still in my hand : he beheld it with passion and admiration, saying that I had reason, Je me rends, protesting that he had never seen the like ; so with great reverence, he kissed it twice or thrice, I detaining it still in my hand. In the end, with some kind of contention, he took it from me, vowing that I might take my leave of it ; for he would not forego it for any treasure : and that to jiossess tlie favour of the lively picture, he would forsake all the world, and hold himself most happy; with many other most passionate speeches." Murden, p. 718. For further particulars on this head, see the ingenious author of the Catalofiuo of royal and noble authors, article Essex. NOTES TO VOLUME r. 901 Noie 4 T, p. 542. It may not be amiss to subjoin some passages of these spoeches ; wliioh may serve to giveiis a just idea of the government of that age, and of the politioal principles which prevailed during the reign of Elizabeth. Jlr. Laurence Hyde proposed a bill, entiled. An act for the explanation of the common law in certain cases of let- ters-patent. Mr. Spicer said, This bill may touch the prerogative royal, which as I learned the hist parliament, is so transcendent, that the of the subject may not aspire thereunto. Far be it therefore from me, that the state and prerogative royal of the prince should be tied by me, or by the act of any other subject. Mr. Francis IJacon said. As to the prerogative royal of the prince, for my own part, I ever allowed of it; and it is such as I hope will never be discussed. The queen, as she is our sovereign, hath both an enlarging and restraining power. For by her prerogative she may set at liberty things restrained by statute-law or other- wise, and secondly, by her prerogative she may restrain things wliicli be at liberty. For the first, she may grant a non obstante contrary to tlic penal laws. — With regard to monopolies, and such like cases, theca.sc hath ever been to humble ourselves unto her majesty, and by petition desire to have our grievances remedied, especially when the remedy toucheth her so nigh in point of prerogative. — I say, and I say it again, that we ought not to deal, to judge, or meddle with her ma- jesty's prerogative. I wish therefore every man to be careful of this busines. Dr. Bennet said. He thatgoeth about to debate her majesty's prerogative had need to walk warily. Mr. Laurence Hyde said, For the bill itself, I made it, and I think I understand it : and far be it from this heart of mine to think, this tongue to speak, or this hand to write anything either in preju- dice or derogation of her majesty's prerogative-royal and the state. — Mr. Speaker, iiuotli Serjeant Harris, for ought I see, the house moveth to have this bill in the nature of a petition ; it must then begin with more hu- miliation. And truly sir, the bill is good of itself, but the penning of it is somewhat out of course. Mr. Mont.agne said. The matter is good and honest, and I like this manner of proceeding by bill well enough in this matter. The grievances are great, and I would only note unto you thus much, that the last parlia- ment we proceeded by way of petition, which had no successful effect. Jlr. Francis More said, I know the queen's prerogative is a thing curious to be dealt withal : yet all grievances are not comparable. I can- not utter with my tongue, or conceive with my heart, the groat grievances that the town and country, for which I serve, suffereth by some of these monopolies. It bringetli the general profit into a private hand, and the end of all this is beggary .and bondage to the sub- jects. We have a law for the true and faithful curry- ing of leather ; there is a patent sets all at liberty not- withstanding that statute. And to what purpose is it to do anything by act of parliament, when the queen will undo the same by her prerogative? Out of the spirit of humiliation, Mr. SpeUier, I do speak it, there is no act of her's that hath been, or is more derogatory to her own majesty, more odious to the subject, more dangerous to the conmionwoalth, than the granting of these monopo- lies. Mr. Martin said, I do speak for a town that grieves and pine,?, for a country that groaneth and languishes, under the burden of monstrous and unconscionable substitutes to the monopolitans of starch, tin, fish, cloth, oil, vinegar, salt, and I know not what ; nay, what not? The principa'.est commoditiis both of my town and country are engiost into the hands of these blood-suckers of the commor.wcalth. If a body, Mr. Speaker, being let blood, be lell still languishing with- out any remedy, how can tlie good estate of that body still remain ? Such is the state of my town and country : the traffic is taken away, the inward and private commodities are taken away, and dare not be used without the liceuco of these monopolitans. If these blood-suckers be still let alone to suck up the best and principalest commodities which the e.artli there hath given us, what will become of us from whom the fruits of our own soil, and the commodities of our own labour, which, with the sweat of our brows, even up to the knees in mire and dirt, we have laboured for, shall bo taken by warrant of supreme authority, which the poor subject dare not gainsay ? Jlr. George .Mooro said, We know the power of her m.ajesty cannot be re- strained by any act : why therefore should we thus talk ? Admit we should make this statute with a iion obstante ; yet the queen may grant a patent with a non obstante, to cross this non obstante. I think therefore it agreeth more with the gravity and wisdom of this house to proceed with all humbleness by petition than bill. Mr. Dowland said. As I would be no let or over- vehement in anything, so I am not sottish or senseless of the common grievance of the commonwealth. If wo proceed by way of petition, we can have no more gra- cious answer than we had the last parliament to our pe- tition. But since that parliatnent wo have no reforma- tion. Sir Robert W'roth said, I speak, and I speak it boldly, these patentees are worse than ever they were. Mr. Hayward Townsend proposed, that they should make suit to her majesty, not only to repeal all mo- nopolies grievous to the subject, but also that it would please her majesty to give the parliament leave to make an act, that they might be of no more force, validity, or effect, than they are at the common Law, without the strength of her prerogative. Which though wo might now do, and the act being so reasonable, we might assure ourselves her majesty would not del.ay the passing thereof, yet we, her loving subjects, &c., would not oiler, without her privity and consent, (the cause so nearly touching her prerogative,) or go about to do any such act. On a subse([uent day the bill against monopolies was again introduced, and Mr. Spieer said, It is to no jiur- pose to offer to tie her m.ajesty's hand by act of parlia- ment, when she may loosen herself at her pleasure. Mr. Uavies said, God hath given that power to abso- lute princes which he attributes to himself. Di.ri quod Dii estis. (N.B. This axiom he ajiplies to the kings of England.) Mr. secretary Cecil said, I .am servant to the queen ; and before I would speak and give consent to a case tliat should debase her prerogative, or ■abrid^.e it, I would wish that my tongue were cut out of my head. I am sure there were law-makers before thei e were laws — (meaning, I suppose, that the sovereign was above the laws.) One gentleman went about to possess us with the execution of the law in an ancient record of 5 or 7 of Edward III. Likely enough to ba true in that time, when the king was afraid of the sub- ject. If you stand upon law, and dispute of the preroga- tive, hark ye what Bracton says, I'rtcrogativam nostrani nemo audcat disputare. And for my own part, I like not these courses should be taken. And yon, Mr. Speaker, should perform the charge her majesty gave unto you in the beginning of this parliament, not to receive bills of this nature : for her m.ajesty's cars bo open to all grievances, and her hand stretched out to every man's petitions. When the prince dispenses with a penal law, that is left to the alteration of so- vereignty, that is good .and irrevocable. Mr. Montnguo said, I am loath to speak what I kuow, lest, perhaps, I should displease. The prerogative royal is that which is now in question, and which the laws of the land have ever .allowed and maintained. Let us therefore apply by petition to her m.ajesty. After the speaker told the house that the queen had annulled many of the patents, Mr. Fnancis Jfore said, I must confess, Mr. Speaker, I moved the house both the last parliament and this, touching this point ; but I never meant (and I hope the house thinketh so) to set limits and bounds to the prerogative royal, lis I proceeds to move, that thanks should be given to her I niajestv ; and aUo, that whereas divers speeches had S02 NOTES TO VOLUME 1, been moved extravagantly in the house, which doubt- less have been told her majesty, and perhaps ill con- ceived of by her, Mr. Speaker would apologize, and humbly crave pardon for the same. N. B. These ex- tracts were taken by Townscnd, a member of tlxe house, who was no courtier ; and the extravagance of (ho speeclies seems rather to be on the other side : it will certainly ajipear strange to us, that this liberty ehoidd be thought extravagant, llowever, the queen notwithstanding her cajoling the house, was so ill satis- fled with these proceedings, that she spoke of them peevishly in her concluding speech, and told them that she perceived that private respects with them were privately masked under public presence. D'Ewes, p. 619. There were some other topics in favoiu' of preroga- tive, still more extravagant, advanced in the house this parliament. When the question of the subsidy was bcfoi-e them, Mr. Serjeant Ileyle said, Jlr. Speaker, I marvel much that the house should stand upon grant- ing of a subsidy or the time of p.ayment, when all we have is her majesty's, and she may lawfully at her plea- sure talie it from ns : yea, she hath as much right to all our lands and goods as to any revenue of her crown. At which all the house hemmed, and laughed, and tallied. Well, quoth Serjeant lleylo, all your hem-- ming shall not put me out of countenance. So Mr. Speaker stood up and said. It is a great disorder, tliat this house should be so used. So the said Serjeant pro- ceeded, and when he bad spoken a little while, the. bouse hemmed again ; and so he sat down. In liis latter speech, he said, he could prove his former posi- ti(;n by precedents in the time of Henry the Third, king Jolm, king Stephen, &c., which was the occasion of their hemming. U'Kwes, p. G33. It is observ.ablo, that IIe3-le was an eminent lawyer, a man of cliaracter. Winwood, vol. i. p. 290. And tliough tlie bouse in general showed tbeii' disapprobation, no one cared to talce him down, or oppose these monstrous positions. It was .also asserted this session, that in the s.ame manner as the Koman consul was possessed of the l>ower of rejecting or .admitting motions in the senate, the speaker might either admit or reject bills in the house. D'Ewes. p. 077- Tlie house declared them- selves against tliis opinion ; but the very proposal of it is a proof at what a low ebb liberty was at tliat time in England. In tlie year 1501, the judges made a solemn decree, that England was an absolute empire, of which the king was tlie liead. In consequence of this opinion they determined that, even if the act of the first of Elizabeth had never been made, the king was supi-eme liead of the cliurch ; and might have erected, by his prerogative, such a court as the ecclesiastical commis- sion ; for that he w.is tlie head of all his subjects. Now that court was pl.ainly arbitrary : the inference is, that his power was equally .absolute over tlie laity. See Coke's Reports, p. 5. Caudrey's case. Note 4 U, p. 548. We have remarked before, that Harrison, in book ii. chap. 11, s.ays, that in the reign of Henry VIII. there were hanged seventy-two thousand tliieves and rogues; {besides other malefactors C) tliis makes about two thousand a year : but in queen Elizabeth's time, the same autlior says, there were only between tliree and four hundred a year hanged for theft and robbery : so much had the times mended. liut in our ago tliere are not forty a year hanged for those crimes in all England. Yet Harrison compkains of the lelaxation of the laws, tliat there were .so few sucls rogues pu- nished in his time. Our vulgar prepossession in favour of the morals of former and rude ages is very absurd and ill grounded. Tliosame author s.ays, ch.ap. 10, that there were computed to be ten tbous.and gipsies in England ; a species of banditti introduced about the reign of Henry VIII. ; and he ad. The same author, in p. IGCO proposes a plan for the civilization of Ireland ; that the queen should create a provost-martial in every county, who might ride about with eight or ten followers in search of stragglers and vagabonds ; the first time he catches any he may punish them more lightly by the stocks ; the second time, by whipping ; but the third time he may hang them, without trial or process, on the first bough : and he thinks that this authority may more safely be intrusted to the provost- marshal than to the sheriff; because the latter magis- trate having a profit by the escheats of felons, may be tempted to li.aiig innocent persons." Hero a real, abso- lute, or rather despotic power is pointed out ; and wo may infer from all these passages, either that the word absolute bore a different sense from what it does at present, or that men's ideas of the English, as well as Irish government, were then different. This latter inference seems juster. The word being derived from the French, bore always the same sense as in that language. An absolute monarchy, in Charles the First's answer to the nineteen propositions, is op- posed to a limited ; and the king of England is ac- knowledged not to be absolute : so much had matters changed even before the civil war. In sir John For- tescuc's treatise of absolute and limited monarchy, a book written in the reign of Edward the Fourth, the word absolute is taken in the same sense as at present; and the government of England is also said not to be absolute. They were the princes of the house of Tudor chiefly who introduced that administration, which had the appearance of absolute government. The princes before them were restrained by the barons ; as those after them by the house of commons. The people had, properly speaking, little liberty in either of these ancient governments, but least in the more ancient. Note 5 C, p. 558. Even this parliament, which showed so much spirit and good sense in the affair of Goodwin, made a strange concession to the crown, in their fourth ses- sion. Tobjr Mathews, a member, had been banished 304 NOTES TO VOLUME I. by order cf the council upon direction from his ma- jesty. The parliament not only acquiesced in this arbitrary proceeding;, but issued writs for a new elec- tion. Such no%'ices were they as yet in the principles of liberty ! See Journ. 14th Feb. 1C09. Mathews was banished by the king, on account of his change of religion to popery. The king had an indulgence to those who had been educated catholics ; but could not bear the new converts. It was probably the ani- mosity of the connnons against the papists, which made them acquiesce in this precedent, without re- flecting on the consequences. The jealousy of li- berty, though roused, was not yet thoroughly en- lightened. Note 5 D, p. 558. At that time men of genius and enlarged minds had adopted the principles of liberty, which were as yet pretty much unknown to the generality of the ]ieople. Sir Matthe^v Hales has published a remonstrance against the king's conduct towards the parliament during this session. The remonstrance is drawn with great force of reasoning, and spirit of liberty ; and was the production of sir Francis Bacon and sir Edwin Sandys, two men of the greatest parts and knowledge in England. It is drawn in the name of the commons ; but as there is no hint of it in the journals, wc must conclude, cither that the authors, sensible that the strain of the piece was much beyond the principles of the age, had not ventured to present it to the house, or that it had been for that reason rejected. The dignity and authority of the commons are strongly insisted upon in this remonstrance ; and it is there said, that their submission to the ill treatment which they received during the latter part of Eliza- beth's reign, had ]n-oceeded from their tenderness towards her age and her sex. But the authors are mistaken in these facts ; for the house received and submitted to as bad treatment in the beginning and middle of that reign. The government was equally arbitrary in Mary's reign, in Edward's, in Harry the Eighth and Seventh's. And the further we go back into history, though there might be more of a certain irregular kind of liberty among the barons, the com- mons were still of less authority. Note 5 E, p. 559. This parli.iment passed an act of recognition of the king's title in the most ample terms. They recog- nised and acknowledged, that immediately upon the dissolution and decease of Elizabeth, late queen of England, the imperial crown thereof did, by inherent birthright and lawful and undoubted succession, de- scend and come to his most excellent majesty, as being linealh', justly, and lawfully next and sole heir of tlie blood royal of this realm. 1 James I. cap. i. The puritans, though then prevalent, did not think proper to dispute this great constitution.al point. In the recognition of queen Elizabeth, the parliament de- clares, tliat the queen's highness is, and in very deed and of most mere right ought to be, by the laws of God and by the laws and statutes of tliis realm, our most lawful and rightful sovereign, liege lady and queen, &c. It appears then, that if king James's divine right be not mentioned by parliament, the omission came merely from chance, and because that phrase did not occur to the com])iler of the recog- nition ; his title being plainly the same with that of his predecessor, who was allowed to have a divine right. Note 5F, p. 561. Seme historians have imagined, that the king liad secret intelligence of the conspiracy, and that the letter to Monteagle was written by his direttiou, in order to obtain the praise of penetration in discover- ing the plot. But the known facts refute this suppo sition. That letter, being commonly talked of, might naturally have given an alarm to the conspirators, and made them contrive tlu'ir escape. The visit of the lord-chamberlain ought to have had the same effect. In short, it appears that nobody was arrested or inquired after for some days, till Fawkes discovered the names of the consjiirators. We may infer, how- ever, from a letter in Wiuwood's Memorials, vol. ii. p. 171, that Salisbury's sagacity led the king in his con- jectures, and that the minister, like an artful courtier, gave his master the praise of the whole discovery. Note 5 G, p. 563. We find the king's answer in Winwood's 5Ie- morials, vol iii. p. 193, 2d. edit. "To the third and fourth (namely, that it might be lawful to arrest tho king's servants without leave, and that no man sliould be enforced to lend money, nor give any rea- son why he would not) his majesty sent us an answer, that because we brought precedents of antiquity to strengthen those demands, he allowed not of any pre- cedents drawn from the time of usurping or decaying princes, or people too bold or wanton ; that he desired not to govern in that commonwealth, where subjects should be assured of all things, and hope for nothing. It was one thing submiitere principatum legibus ; and another thing submittere principatum subditis. That he would not leave to posterity such a mark of weakness upon his reign ; and therefore his conclusion was, non placet petitio, non placet exemplum : yet with this mitiga- tion, that in matters of loans he would refuse no rea- sonable excuse, nor should my lord-chamberlain deny the arresting of any of his majesty's servants, if just cause was shown." The parliament, however, ac- knowledged at this time with thankfulness to the king, that he allowed disputes and inquiries about his prerogative, much beyond what had been indulged by any of his predecessors. P.arl. Hist. vol. v. p. 230. This very session, he expressly gave them leave to produce all their grievances without exception. Note 5 H, p. 560. It may not be unwortl-.y of observation, that James, in a book called *' The true laws of free Monarchies,'* which he published a little before his accession to the crown of England, affirmed, " That a good king, although he be above the law, will subject and frame his actions thereto, for example's sake to his subjects, and of his own free will, but not as subject or bound thereto.'' In another passage, "According to the fundamental law already alleged, we daily see, that in the parliament (which is nothing else but the head- couit of the king and his vassals) the laws are but criived by his subjects, and only made by him at their rogation, and with their advice. For albeit the Icing make daily statutes and ordinances, enjoining such pains thereto as he thinks meet, without any advice of parliament or estates ; yet it lies iji the power of no parliament to malce any kind of law or statute, with- out his sceptre be to it, for giving it the force of a law." King James's Works, p. 202. It is not to be supposed that, at such a critical juncture, James had so little sense as, directly, in so material ,a point, to have openly shocked what were tlie universal esta- blished principles of that age ; on the contrary, we are told by historians, that nothing tended more to facili- tate his accession, than the good opinion entertained of him by the English, on account of his learned and judicious writings. The question, however, with re- gard to the royal power was, 'at this time, become a very dangerous point ; and wilhout employing ambi- guous, insignificant terms, which determined nothing, it was impossible to please both king and parliament . Dr. Cowell, who had magnified the prerogative in NOTRS TO VOLUME I. 906 words too iiitoUigiljlo, foil this spssion imilor tlie indig- nation of the commons, rarlianient. liist. vol. v. p. 221. — Thu kin;^ himself, after all his magnificent boasts, was ol)li;,'eil to make his escape throiigli a dis- tinction which ho framed between a king in uhstracio anil a king in concrelo : an abstract king, he said, hud all power ; bnt a concrete king was bound to observe the laws of the country which he governed. King James's Works, p. 53:!. But how bonnd ? J3y con- science only ! Or might his subjects resist him and defend their privileges i This he thought not tit to e.\- plain. And so difticult is it to explain that point, that, to this day, whatever liberties may be used by private inquirers, the laws have, very prudently, thought proper to maintain a total silence with re- gard to it. Xols 5 I, p. 570. Pari. Hist. vol. v. p. 200. So little fixed at this time were the rules of parliament, that the commons com- plained to the peers of a speech made in the upper house by the bisliop of Lincoln ; which it belonged only to that house to censure, and which the other could not regularly be supposed to be acquainted with. These at least are the rules established since the par- liament became a real seat of i)Ower, and scene of business. Neither the king must take notice what passes in either house, nor either house of what piusses in the other, till regularly informed of it. The com- mons, in their famous protestation, l(i21, fixed this rule with regard to the king, though at present they would not bind themselves by it. But as liberty was yet uew, those maxims whicli guard and regulate it were unknown and unpractised. Note 51", ;>. 575. Some of the facts of this naiTativo, which seem to condemn Raleigh, are taken from the king's declara- tion, which being ]>ublished by authority, when the facts were recei'.t, being extracted from examinations before the privy-council, and subscribed by six privy- counsellors, anu)ng whom was Abbot, archbishop of Canterbury, a prelate nowise complaisant to the court, must be allowed to have great weight, or rather to be of undoubted credit. Yet the most material facts are confirmed either by the nature and reason of the thing, or by sir Walter's own apology and his letters. The king's declaration is iu the Ilarleyan Miscellany, vol. iii. No. 2. 1. There seems to be an improbability that the Spaniards who knew nothing of Raleigh's pretended mine, should have built a town in so wide a coast, within three miles of it. The chances are extremely against such a supposition ; and it is more natural to think, that the view of plundering the town led him thither, than tliat of working a mine. 2. No such mine is there found to this day. 3. Raleigh in fact found no mine, and in fact he plundered and burnt a Spanish town. Is it not more probable, therefore, that the latter was his intention ? How can the se- crets of his breast be rendered so visible as to counter- poise certain facts ! 4. lie confesses, in his letter to lord Carew, that though he knew it, yet ho concealed from the king the settlement of the Spaniards on that coast. Does not this fact alone render him sufficiently criminal ! 5. llis commission empowers him only to settle on a coast possessed by .savage and barbarous in- habitants. Was it not the most evident bre.ich of orders to disembark on a coast possessed by Spaniards >. 6. His orders to Keymis, when he sent him up the river, are contained in his own apology, and from them it appears, that he knew (what was unavoidable) that the Spaniards would resist, and would oppose the Knglish landing .and taking possession of the country. Ilis intentions, therefore, were hostile from the begin- ning. 7. Without provocation, and even when at a You L distance, he gave Keymis orders to dislodge the S))aniards from their own town. Could any enter- prise ho more hostile ? And considering the .Spaniards as allies to the nation, could any enterprise bo more criminal ? Was he not the aggressor, even though it should be true that the Spaniards fired upon his men at landing ! It is said he killed three or four hundred of them. Is that so light a matter! 8. In his letter to the king, and in his apology, he grounds his ilefenco on forinor hostilities exercised by the Spaniards against other companies of Englishmen. These are accounted for by the ambiguity of the treaty between the nations. And it is plain, that though these might po.ssibly bo reasons for the king's declaring war against that na- tion, they could never entitle Raleigh to declare war, and without any commission, or contrary to his com- mission, to invade the Spanish settlements. lie pre- tends indeed that peace was never made with Spain in the Indies : a most absurd notion ! The chief hurt which the Spaniards could receive from Kngland was in the Indies ; and they never would have made peace at all, if hostihties had been still to be continued on these settlements. By secret agreement, the English were still allowed to support the Dutch even after the treaty of peace. If they had also been allowed to in- vade the Spanish settlements, the treaty had been a full peace to Kngland, while the Spaniards were still ex- posed to the full effects of war. !). If the claim to the property of that country, as first discoverers, was good, in opposition to present settlement, as Raleigh pretends, why was it not laid before the king with all its ciivuin- stances, and submitted to his judgment? 10. Raleigh's force is ackuovi-ledged by himself to have been insuHi- cient to support him in the possession of St. Thonuus, against the power of which Spain was master on that coast; yet it was sufficient, as he owns, to lake by sur- prise and plunder tweuty towns. It was not there- fore his design to settle, but to plunder. By these confessions, which I have here brought togetlier, lio plainly betrays himself. 11. Wliy did he not st.ay and work his mine, as at first he projected':' lie appre- hended that the Spaniards would be upon him with a greater force. But before he left England, he knew that this must be the case, if he invaded any part of the Sp.tnisli colonies. His intention therefore never w.as to settle, but only to plunder. 12. lie acknowledges that he knew neither the depth nor riches of the mine, but only that there was some ore there. AVould he have ventured all his fortune and credit on so precarious a foundation ? l.'i. Would the other adventurers, if made acqu.ainted with this, have risked everything to attend him ? Ought a fleet to have been equipped for an experiment ? Was there not plainly an imjiosturfl in the management of this aff'air ? 14. He says ta Keymis, in his orders. Bring but a basket-full of ore, and it will satisfy the king that my project was not imaginary. This was easily done from the Spanish mines; and he seems to have been chiefly displeased at Keymis for not attempting it. Such a view was a premeditated apology to cover his cheat. 15. The king in his declaration imputes it to Raleigh, that as soon as he was at sea, he immediately fell into such nncerlain and doubtful talk of his mine, and said, that it would be sufficient if he brought home a basket-full of ore. From the circumstance last mentioned, it ap- pears that this imputation was not without re;isoii. 16. There are m.any other circumstances of great weight in the king's declaration; that Raleigh, when he full down to Plymouth, took no pioneers with him, which he always declared to be his intention ; that he w.os nowise provided with instruments for working a mine, but had a sufficient stock of warlike stores; that young Raleigh, in attacking the Spaniards, employed the words which, in the narration, I have put in his mouth ; that the mine was moveable, and shifted as he saw convenient : not to mention many oilier public facts which prove him to have been highly criminal against his companions as well as his country. Howul, 6 7, yoG NOlJiS lO VOLUME I. In his letters, says, thai tlicre lived in London, in IC15, an officer, a man of liononr, who asserted, that lie heard younjj Ralciirh speak these words, vol. ii. letter 03. That was a time when there was no interest in maintaining snch a fact. 17. Kaleigh's account of his first voyage to Guiana proves him to have been a )nau capable of the most extravagant credulity or most impudent imposture. So ridiculous are the stories which he tells of the Inca's cliimerical empire in the midst of Guiana; the rich cily of El Dorado, or Manao, tivo days' journey in length, and shining with gold and silver ; the old Teruvian i)rophecies in favour of the - I'.iiglish, who, lie s.iys, were expressly named as the rince in any legal form of administration, was, that the sword, by the nature of the feudal tenures, remained still in the hands of his subjects; and this irregnlar and dangerous check h.ad much more influ- ence than the regular and methodical limits of the laws and constitution. As the nation could not be compelled, it was necessary that every public measure of consequence, particularly tli.at of levying new taxes, should seem to be adopted by common consent and approbation. The princes of the house of Tudor, partly by the vigour of their administration, partly "oy the concur- rence of favourable circumstances, had been able to establish a more regular system of government ; but they drew the constitution so near to despotism as diminished extremely the authority of the parliament. The senate became, in a great degree, the organ of royal will and pleasure : opposition would have been NOTES TO VOLUME I. 907 regarded ns a species of robelli(in : and even religion. Hie most dangerous article in wliicli innovations could bo introduced, liad admitted, in the course of a few years, four several alterations, from tlio authority alone of the sovereign. Tlie parliament was not then the road to honour and preferment : the talents of popular intrigue and eloquence wore uncultivated and iinUnowu : and though that assemMy still preserved authority, and retained the privilege of n)ulrinces, scarcely even the eastern tyrants, rule entirely without the concurrence of some assemblies, which sujiply both advice and authority ; little but a mercenary force seems then to have been wanting towards the establishment of a simple mon.ireby in Kuglaud. The militia, though more favourable to regal authority than the feudal in- stitutions, was much interior, in this respect, to disci- plined armies ; and if iT did not preserve liljcrty to the people, it preserved at least the power, if ever the in- clination should arise, of recovering it. Hut so low, at that time, ran the inclination to- wards liberty, that Kliz.abetli, the last of that arbi- trai-y line, herself no less arbitrary, was yet the most renowned and most popular of all the sovereigns that bad filled the tliroue of Kngland. It was natural for James to take the government as he found it, and to pursue her me.isures, which bo heard so much ap- plauded ; nor did bis penetration extend so fixr as to discover, that neither his circumstances nor his cha- racter could support so extensive an authority. Ilis narrow revenues and little frugality begau now to render Iiini dependent on his people, even in the ordi- nary course of administration: their increasing know- ledge discovered to them that advantage which they had obtained; and nuvle them sensible of the inesti- mable value of civil liberty. And as he possessed too little dignity to command respect, and too much good- nature to imjiress fear, a new sj)irit discovered itself every day in the parliament ; and a party, watchful of a free constitution, was regularly formed in the house of commons. Rnt notwitbstanding these advantages acquired to liberty, so extensive was royal authority, and so firmly established in all its parts, that it is probable the p.a- triots of that age would have despaired of ever re- sisting it, bad they not been stimulated by religious motives, which inspire a courage insurmountable by any human obstacle. The same alliance which has ever prcv.ailed between kin''ly power and ecclesiastical authority, was now fully established in England : and while the prince a.s- sisted the clergy in sujipressing schismatics ami inno- vators, the clergy, in return, inculcated the doctrine of an unreserved submission and obedience to the civil mar'istrate. The genius of the church of England, so kindly to monarchy, forwarded the confederacy; its submission to episcopal jurisdiction ; its attachment to ceremonies, to order, and to a decent pomp and splen- dour of worship: and, in a word, its affinity to the tame superstition of the catholics, rather than to the wild fanaticism of the puritans. On the other hand, opposition to the churcli, and the persecutions under which they l.iboured, were su6Scient to throw the puritans into the country party, oud to beget political principles little favourable to the high pretensions of the sovereign, Tlic S|'irr» too of enthusiasm, bold, daring, and uncontrolled, strongly disposed their minds to adopt republican te- nets; and inclined them to arrogate, in their actions and conduct, the same liberty which they assumed in their rapturous flights and ecsliisies. Ever since the first origin of that sect, through the whole reign of Elizabeth as well as of James, purilanica )>rinciples had been understood in a double sense, and expressed the oiiinions favourable both to political and to ecelesiaa- tieal liberty. And as the court, in order to discredit all parliamentary oppo.sition, affixed the denomination of purit.ius to its antagonists, the religious puritans willingly adopted this idea, which was so .advantageous to them, and which confounded their cause with that of the patriots or country party. Thus were the civil and ecclesiastical factions regul.irly formed ; and the humour of the nation during that age running strongly towards fanatical extravagancies, tlic spirit of civil li- berty gradually revived from its lethargy, and by means of its religious associate, from which it reaped more advantage than honour, it secretly enlarged its dominion over the greater part of the kingdom. [This note was in the first editions a part of the text: but the author omitted it, in order to avoid, as much as possible, the style of dissertation in the body of his history. Tlie passage, however, contains views so impor- tiint, that he thought it might be admitted as a note.] AWe 5 L, p. 579. This protestation is so remark.able, that it may not be improper to give it in its own w ords. " The com- mons row assembled in parliament, being justly occa- sioned thereunto, concerning sundry liberties, fran- chises, and privileges of parliament, amongst others here mentioned, do make this protestation following: tljat the liberties, franchises, and juiisdietions of par- liament are the ancient .nnd undoubted birthright and inheritance of the subjects of England; and that the \irgent aud arduous affairs concernir.g the king, state, and defence of the realm, and of the oluirch of l"ng- land ; and the maintenance and making of laws, and redress of mischiefs aud grievances, which daily bap- pen within this realm, are proper subjects and matter of council and debate in parliament j and that in the handling and proceeding of those businesses, every member of the bouse of parliament hath, and of right ought to have, freedom of speech to propound, treat, reason, and bring to conclusion the same ; and that the commons in parliament have like liberty and freedom to treat of these matters, in such order as iu their judgment shall seem fittest; and that every member of the said house hath like freedom from all impeachment, imprisonment, and molestation (other than by censure of the bouse itself) for or concerning .any speaking, rea- soning, or declaring of any matter or matters touching the parliament or parliament business. And that if any of the said members be complained of and questioned for anything done or said in parli.iment, the same is to be shown to the king, by the advice and assent of all the commons assembled in parliament, before the king give credence to any private information." Franklyn, p. fi.j. Kushworth, vol. i. p. 53. Kenuet, p. ^i'^. Coke, p. 77. Xofe 5 il, p. 585, The moment the prince embarked at St. Andero's, he said to those about him, that it was folly in the Spaniards to use him so ill, and allow him to depart : a proof that the duke had made him believe they were insincere in the affair of the marriage and the palatiivate j for as to his reception, in other respects, it bad I>een altogether unexceptionable. Besides, bad not the prince believed the Spaniards to be insincere, be had no reason to quarrel with them, though Buckingham had. It appears, therefore, that Charles himself muBt have been deceived. The multiplied delays of the dis- «08 NOTES TO VOLUME J. peneatlon, tliougli they arose from accident, afforded Buikingliam a plausible pretext for charging the Spaniards -nith insincerity. Kole 5 N, p. 585. Among other particulars, he mentions a sum of eighty thousand pounds borrowed from the king of Denmark. In a former speech to the parli.iment, he told them, that lie had expended five hundred thousand pounds in the cause of the palatine, besides the voluntary contri- bution given him by the people. See Franklyn, p. .10. But what is more extiaordinary, the treasurer, in order to show his own good services, boasts to the par- liament, that, by his contrivance, sixty thousand pounds liad been saved in the article of exchange in the sums remitted to the palatine. This seemsa gre.at snm; nor is it easy to conceive whence the Iving could procure such vast sums as would require a sum so considerable to be paid in exchange. From the whole, liowever, it appears, that tlie king had been far from neglecting the interests of his daugliter and son-in-law, and had even gone far beyond what his narrow revenue could afford. Xole 5 0, p. 885. How little this principle had prevailed, during any former period of the English government, particularly during the last reign, which was certainly not so per- fect a model of liberty as most writers would represent it, will easily appear from many passages in the history of that reign. But the ideas ofmen were much changed, during about twenty years of a gentle and peaceful administration. The commons, though James of him- self had recalled all p.atents of monopolies, were not contented without a law .igainst them, and a declara- tory law too; which was gaining a great point, and establishing principles very favourable to liberty : but they were extremely grateful, when Elizabeth, upon petition, (after h.aving once refused their requests,) recalled a few of the most oppressive patents, and employed some southing expressions towards them. The parliament had surely reason, when thoy con- fessed, in the seventh of James, that he allowed them more freedom of debate than ever was indulged by any of his predecessors. His indulgence in this particular, joined to his easy temper, was probably one cause of the great power assumed by the commons, ilonsieur de la Boderie, in his Dispatches, vol. i. p. 449, men- tions the liberty of speech in the house of counnons as a new practice. Note 5 ?, p. hST. llymer, tom. xviii. p. 224. It is certain that the young prince of Wales, afterwards Charles II., had pro- testant governors from his early infancy; first tlie earl of Newcastle, then the m.irqnis of Hertford. The king, in his memorial to foreign churches, after the com- mencement of the civil wars, insists on his care in educating his children in the protest.ant religion, as a proof that he was nowise inclined to the catholic. Rush- worth, vol. V. p. 752. It can scarcely, therefore, be questioned, but this article, which liad so odd an appearance, was inserted only to amuse the pope, and was never intended by cither party to be executed. Nole 5 Q, p. 582. " Monarchies," according to sir Walter Raleigh, "are of two sorts touching their power or authority, viz. 1. Entire, whore the whole power of ordering all state matters, both in peace and war, doth by law and cus- tom appertain to the prince, .as in the English king- dom ; where the prince hath the power to make laws, league, and war; to create magistrates; to pardon life; of appeal, &c. Though to give a contentment to Uio other degrees, they have a suffrage in making laws, yet ever subject to the prince's jileasurc and negntlvi' will. 2. Limited or restrained, that hath no full power in all the points and matters of state, as the militaiy king that hath not the sovereignty in time of peace, as the making of laws, &c. 15ut in Avar only, as the Polonian king." JIaxims of State. And a little after, " In every just state, some part of the government is, or ought to be, imparted to the peo- ple, as in a kingdom, a voice and suffrage in making laws; and sometimes also of levying of arms, (if the charge be great, and the prince foiced to borrow help of his subjects,) the matter i ightly may be propounded to a parliament, that the tax may seem to have proceeded from themselves. So considtations and some proceed- ings in judicial matters may, in part, be referred to them. The reason, lest, seeing themselves to be in no number nor of reckoning, they mislike the slate of government." This way of reasoning differs little from that of king James, who considered the privileges of the parliament as matters of grace and indulgence more than of inheritance. It is remarkable that Ea- leigh was thought to lean towards the puritanical party, notwithstanding these positions. But ideas of govern- ment change much in different times. Raleigh's sentiments on this head are still more openly expressed, in his Prerogative of Parliaments, a work not published tiU after his death. It is a dialogue between a courtier or counsellor and a country justice of peace, who represents the patriot party, and defends the highest notions of liberty, i^ich the principles of that age would btar. Here is a passage of it : " Coun- sellor. That which is done by the king, with the advico of his private or privy-council, is dune by the king's absolute power. Juslice. And by whose power is it done in parliament, but by the king's absolute power ? Mistake it not, my lord : the three estates dobut advise as the privy-council doth ; which advice, if the king embrace, it becomt-s the king's own act in the one, and the king's law in the other, &c." The earl of Clare, in a private letter to his son-in-law, sir Thomas Wentwortli, afterwards earl of Straft'ord, thus expresses himself: "We live under a prerogative government, whei-e book-law submits lex loquens." He spoke from his own and all his ancestors' experience. There was no single instance of power which a king of England might not, at that time, exert on pretence of necessity or expediency : the continuance alone or fre- quent repetition of arbitrary administration might prove dangerous, for want of force to support it. It is remark- able that this letter of the earl of Clare was written in the first year of Charles's reign ; and consequently must be meant of the general genius of the govern- ment, not the spirit or temper of the monarch. Sec Strafford's Letters, vol. i. p. 32. From another let- ter in the same collection, vol. i. p. 10, it appears, that the council sometimes assumed the power of forbidding persons disagreeable to the court, to stand in the elections. This authority they couk^ exert in some in- stances ; but we are not thence to infer, that they could shut the door of that house to every one who was not acceptable to them. The genius of the ancient govern- ment reposed more trust in the king, than to entertain any such suspicion, .and it .allowed scattered instances, of such a kind .as would have been totally destructive of the constitution, h.ad they been continued without interruption. I have not met with any English writer in that age who speaks of England as a linutcd monarchy, but as an absolute one, where the jjeople have many privi- leges. That is no contradiction. In all European monarchies the people have privileges ; but whether dependent or independent on the will of the monarch, is a question, that in most governments, it is better to forbear. Surely that question was not determined be- fore the age of James. The rising spirit of the parlia- ment, together with that king's love of general sjiecula- tive principles, brought it fr&m its obscurity, and made it be commonly canvassed. The strongest testimony NOTES TO VOLUME I. 909 tliat I romember from a writer of James's age, in fa- vour of English liberty, is in cardinal Bentivoglio, a foreigner, wlio mentions the English government as similar to that of tiie Low-Country provinces nnder their princes, rather than to that of France or Spain. Englishmen were not so sonbible that their prince was limited, because they were sensible that no individual had any security against a stretch of prerogative : but foreigners, by comparison, could perceive that these stretches were at that time, from custom or other causes, less frequent in England tlian in other monar- chies. Philip de Comincs too remarked the English constitution to bo more jKipuIar in his time than that of France. Hut in a paper written by a patriot in 1G27, it is remarked, that the freedom of speech in parlia- ment Iiad been lost in England since the days of .Co- mines. See Franklyu, p. 238. Here is a stanza of Malhcrbe"s Ode to Slary de Medicis, the queen-regent, written in 1G14. " Entre Ics fois k qui cct a^e Uoit son princilMl omcmenti Ccux de la Tamise n du 'Vauc Font loiicr Icur K'ouvtnicmenl: Slais en de si caluie* provinces, Oil Ic peujilc adore les princes, Et met au ttrC le plus fiaut L'honneur (111 sceytre leipcime, Scauroit-on excuser le cnme De nc regiier pas comme il faut.' The English, as well as the Spaniards, are here pointed out as much more obedient subjects than the French, and much more tractable and .submissive to their princes. Though thispass.age be taken from a poet, every man of judgment will allow its authority to be decisive. The character of a national government cannot be unknown in Europe ; though it changessometimes very suddenly. Machiavel, in his Dissertations on Livy, says repeatedly, that France was the most legal and most popular mo- narchy then in Europe. Nolc 5 n, p. S30. Passive obedience is expressly and zealously incul- cated in the homilies, composed and published by au- thority in the reign of queen Elizabeth. The convoca- tion, which metin the very first year of the king'sreign, voted as high monarchical principles as are cont;iined in the decrees of the university of Oxford, during the rule of the tories. These principles so far from being deemed a novelty, introduced by James's influence, passed so smoothly, that no historian has taken notice of them: they were never the subject of controversy, or dispute, or discourse ; .and it is only by means of bishop Overall's Convocation-book, printed near seventy years after, that we are acquainted with them. Would James, who was so cautious, and even timid, have ven- tured to begin his reign with a bold stroke, which would have given just ground of jealousy to his sub- jects ? It appears from that monarch's Basilicon Doron, written while he was in Scotland, that the republican ide.as of the origin of power from the people were, at that time, esteemed puritanical novelties. The patri- archal scheme, it is remarkable, is inculcated in those voles of the convocation preserved by Overall ; nor was Filraer the first inventor of those absurd notions. Note 5 S, p. 593. That of the honest historian Stowe seems not to have been of this number. " The great blessing of God," savs he, " through increase of wealth in the common subjects of this land, especially upon the citizens of London ; such within men's memory, and chiefly within those few years of peace, that except there were now due mention of some sort made thereof, it would in time to come be hold incredible, &c." In another place, '■ Amongst the manifold tokens and signs of the infinite blessings of Almighty God bestowed upon this kingdom, by the wondrous and merciful establishing of peace within ourselves, and the full benefit of concord w ith all Christian nations and others : of all which graces let no man dare to presume he can speak too much ; whereof in truth there can never be enough said, neither was there ever any people less considerate and less thankful than at this time, being not wiUing to endure the memory of their present happiness, as well as in the universal increase of commerce and trafhc throughout the kingdom, great building of royal ships and by private merchants, the re-peojiling of cities, towns, and villages, besides the discernible and sudden increase of fair and costly buildings, as well within the city of London as the suburbs thereof, especially within these twelve years, &c. Kole 5 T, p. G02. By a speech of sir Simon D'Ewcs, in the first year of the long p.arliameni, it clearly appears, that the nation never had, even to that time, been rightly informed concerning the transactions of the Spanish negociation, and still believed the court of Madrid to have been altogether insincere in their professions. What reason, upon that supposition, had they to blame either the prince or Buckingham for their conduct, or for the nar- rative delivered to the parliament ? This is a capital fact, and ought to be well attended to. D'Ewes's speech is in Nalson, vol. ii.p, 368. No author or historian of that age mentions the discovery of Buckingham's impostures us a cause of disgust in the parliament. Whitlocke, p. 1, only says, " that the commons began to suspect, that it had b-:cn spleen in Buckingham," not zeal for public good, " which had induced him to break the Spanish match ;" a clear proof that his falsehood was not sus- pected. Wilson, p. 780, says, " that Buckingham lost his popularity after Bristol arrived, not because that nobleniaii discovered to the world the falsehood of his narrative, but because he proved that Buckingham, while in Spain, had professed himself a papist; which is false, and wliich was never said by Bristol. In all the debates which remain, not the least hint is ever given that any falsehood was suspected in the narrative. I shall further add, that even if the parliament had discovered the deceit in Buckingham's narrative, this ought not to have altered their political measures, or made them refuse supply to the king. They had sup- posed it practicable to wrest the palatinate by arms from the house of Austria; they had represented it as prudent to expend the blood and treasure of the nation in such an enterprise; they had believed that the king of Spain never had any sincere intention of restoring that principality. It is certain, that he had not now any such intention : and though there was reason to suspect, that this alteration in his views bad proceeded from the ill conduct of Buckinhgam, yet past errors could not be retrieved; and the nation was undoubt- edly in the same situation which the parliament had ever supposed, when they so much harassed their sovereign by their impatient, importunate, and even undutitul solicitations. To which we may add, that Charles himself was certainly deceived by Buckingham, when he corroborated his favourite's narrative by his testimony. Party historians are somewhat inconsis- tent in their representations of these transactions: they represent the Spaniards as totally insincere, that they may reproach James with credulity in being so long deceived by them : they represent them as sincere, that they may reproach the king, the prince, and the duke, with falsehood in their narrative to the parlia- ment. The truth is, they were insincere at first ; but the reasons, proceeding from bigotry, were not sus- pected by James, and were at last overcome. They became sincere ; but the prince, deceived by the many unavoidable causes of delay, believed that they were still deceiving him. Note 5 U, p. 009. This petition is of so great importance, that we shall here give it at length. " Humbly show unto our sove- reign lord the king, the lords spiritual and temporal. 910 NOTES TO VOLUME I ami commons, in parliament assembled, That, whereas it is declared and enacted by a statute made in the time of tlie reisjn of Icing Edward I., commonly called Slatulum lie tallagio non concedendo, that no tallage or aid shall be levied by the king or his heirs in this realm, without the goodwill and assent of the arch- bishops, bishops, earls, barons, knights, burgesses, and other the freemen of the commonalty of this realm : and, by authority of parliament, holden in the five and twentieth year of the reign of king Edward III., it is declared and enacted, That, from thencefortli, no person shall be compelled to make any loans to the king against his will, because such loans were agaiust reason, and the franchise of the land : and, by other laws of the realm, it is provided, that none should be charged by any charge or imposition called a benevo- lence, or by such like charge : by which the statiites before mentioned, and other the good laws and sta- tutes of this realm, your subjects have inherited this freedom, that they should not be compelled to contri- bute to any tax, tallage, aid, or other like charge, not set by common consent in parliament. " II. Yet nevertheless, of lata divers commissions directed to sundry commissioners in several counties, with instructions, have issued ; by means whereof your people have been in divers places assembled, and required to lend certain sums of money unto your majesty ; and many of them, upon their refusal so to do, have had an oath administered uuto them not warrantable by the laws or statutes of this realm, and have been constrained to become bouud to make appearance and give attendance before your privy- council, and iu other places ; and others of them liave been therefore imprisoned, confined, and sundry olh&t ways molested and disquieted : and divers otlier charges have been laid and levied upon your people, in several counties, by lord-lieutenants, deputy-lieute- nants, commissioners for musters, justices of peace, and others, by command or direction from your ma- jesty, or yoiur privy-council, against the laws and free cnstoms of this realm. " III. And whereas also, by the statute called ' The great charter of the liberties of England,' it is declared and enacted, That no freeman may be taken or impri- soned, or be disseised of his freehold or liberties, or his free customs, or be outlawed or exiled, or in any manner destroyed, but by the lawful judgment of his peers, or by tlie law of the land. " IV. And, in the eight and twentieth year of the reign of king Edward III. it was declared aud enacted, by authority of parliament. That no man, of what es- tate or condition that he be, should be put out of his land or tenemeuts, nor taken, nor imprisoned, nor disherited, nor put to death, without being brought to answer by due process of law. " V. Nevertheless, against the tenor of the said sta- tutes, and other the good laws aud statutes of your realm to that end provided, divers of your subjects have of late been imprisoned without any cause showed ; and, when, for their deliverance, they were brought before justice, by your majesty's writs of Habeas Corpus, 'there to undergo, aud receive as the court should order, and their keepers commanded to certify the causes of their detainer, no cause was certified, but that they were detained hy your majesty's special command, signified by the lords of your privy-council, and yet were returned back to several prisons, without being charged with anything to which tliey might make answer according to the law. " VI. And whereas of late great companies of sol- diers and mariners have been dispersed into divers coimties of the realm, and the inhabitants, against their wills, have been compelled to receive them into their houses, and there to suffer them to sojourn, against the laws and customs of this realm, aud to the pieat grievance and vexation of the people. " Vil. And whereas also, by authority of parliament, in the five and twentieth j-ear of the reign of king Edward III. it is declared and enacted, That no man shall be forejudged of life or limb against the form of the Great Charter and law of the land : and, by the said Great Charter, and other the laws and statutes of this your realm, no man ought to be judged to death but by the laws established in this your realm, either by the customs of the same realm, or by acts of par- liament : and whereas no offender, of what kind .so- ever, is exempted from the proceedings to be used, and piinisliments to he inflicted by the laws and sta- tutes of this your realm : nevertheless, of late divers commissions, under your majesty's great seal, ha\e isijued forth, by which certain persons have been as- signed and ajipointed commissioners, with power and authority to proceed within the land, according to the justice of maitial law, against such soldiers and ma- riners, or other dissolute persons joining with them, as should commit any murder, robbery, felony, mutiny, or other outrage or misdemeanour whatsoever, and by such summary course and order as is agreeable to mar- tial law, and as is used in armies in time of war, to proceed to the trial and condemnation of such offend- ers, aud them to cause to be executed and put to death according to the law martial. "VIII. By pretext whereof some of your majesty's subjects have been by some of the said commis- sioners put to death, when and where, if, by the laws aud statutes of the land, they had deserved death, by the same laws and statutes also they might, and by no other ought, to have been judged and executed. " IX. And also sundry grievous offenders, by colour thereof claiming an exemption, have escaped the pu- nishments due to them by the laws and statutes of this your realm, by reason that divers of your ofScers and ministevs of justice have unjustly refused or forborne to proceed against such offenders according to the same laws, and statutes, upon pretence that the said offenders were punishable only by martial law, aud by authority of such commissions as aforesaid ; which commissions, and all other of like nature, are wholly and directly contrary to the said laws and statutes of this your realm. " X. They do therefore humbly pray your most ex- cellent majesty, That no man hereafter be compelled to make or yield any gift, loan, benevolence, tax, or such like cliarge, without common consent, by act of par- liament : and that none be called to make answer, or take such oath, or to give attendance, or be confined, or otherwise molested or disquieted, concerning the same, or for refusal thereof : and that no freeman, iu any such manner as is before mentioned, be impri- soned or detained: and t'nat your majesty would be pleased to remove the said soldiers and mariners, and that people may not be so burdened in time to come ; aud that the aforesaid commissions, for proceeding by martial law, may be revoked ajid annidled : and that hereafter no commissions of like nature rmay issue forth, to any person or persons whatsoever, to be executed as aforesaid, lest, by colour of them, any of your majesty's subjects be destroyed, or put to death, contrary to the laws and franchise of the land. " XI. All which they most humbly pray of your most excellent majesty, as their rights and liberties, accord- ing to the laws and statutes of this realm : and that your majesty would also vouchsafe to declare, That the awards, doings, and proceedings to the prejudice of your people, in any of the premises, shall not be drawn hereafter into consequence or example : and that your majesty would be also graciously pleased, for the fur- ther comfort and safety of your people, to declare your royal will and pleasure, that in the things aforesaid all your ofiicers and ministers shall serve you according to the laws and statutes of this realm, as they tender the honour of your majesty, and the prosperity of this kingdom." Stat. 1? Car. cap. 14. NOTES TO VOLUME I. 911 ffole 6 X, p. C13. The reason assigned by sir Philip Warwick, p. 2, for this unusual measure of tlio commons, is, that Owy intended to deprive the crown of tlio prerogative, which it had assumed, of varying tlio rates of the im- positions, and at tlie same time were resolved to cut off the new rates fixed by James. Tliese were consi- derable diminutious botli of revenue and prerogative ; and whether they would have there stopped, consider- ing their present disi)ositiou, may be much doubted. The king, it seem;-, and the lords, were resolved not to trust them; nor to render a revenue once preca- rious, which perhaps they miglit never afterwards be able to get re-established ou the old footiiig. Note 5 Y, p. 021. Here is a passage of sir John Davis's Question, con- cerning impositions, p. 131. " This power of laying on arbitrarily new impositions, being a prerogative in point of government, as well as in point of ))rofit, it cannot be restrained or bound by act of parliament; it cannot be limit^jd by any certain or fixed rule of law, no more thaji tlie course of a pilot upon the sea, who must turn the helm, or bear higher or lower sail, according to the wind or weather : and therefore it may bo properly said, that the king's prerogative in this point, is as strong as Samson ; it cannot be bound; for though an act of parliament be made to restrain it, and the king doth give his consent unto it, as Samson was bound with his own consent, yet if the J'hilistincs come; that is, if any just or important occasion do arise, it cannot hold or restrain the prerogative; it will be as thread, and broken as easy as the bonds of Samson. — The king's prerogatives are the sunbeams of the crown, and as inseparable from it as the sunbeams from the sun : the king's crown must be taken from him ; Samson's hair must be cut out, before his courage can be any jot abated. Hence it is that neither the king's act, nor any act of parliament, can give away his prerogative." Note 5 Z, p. 033. We shall here make use of tho liberty, allowed in a note, to expatiate a little on the present subject. It must be confessed that the king, in this declaration, touched upon that circumstance in tho English consti- tution, which it is most difficult, or rather altogether impossible, to regulate by laws, and which must be governed by certain delicate ideas of propriety and decency, rather than by any exact rule or prescription. To deny the parliament all right of remonstrating against what they esteem grievances, were to reduce that assembly to a total insignificancy, and to deprive the people of every advantage, which they could leap from popular councils. To complain of the parlia- ment's employing the power of taxation, as the means of extorting concessions from tlieir sovereign, were to expect, that they would entirely disarm themselves, and renounce the sole expedient, provided by the con- stitution, for insuring to the kingdom a just and legal administration. In different periods of English story, there occur instances of their remonstrating with their princes in the freest manner, and sometimes of their refusing supply, when disgusted with any cir- cumstance of public conduct. It is, however, certain, that this power, though essential to parliaments, may e.'isily be abused, as well by the frequency and minute- ness of their remonstrances, as by their intrusion into every part of the king's counsels and determinations. Under colour of advice, they may give disguised orders ; and in complaining of grievances, they may draw to themselves every power of government. Whatever measure is embraced, without consulting them, may be pronounced an oppression of the people ; and, till corrected, they m.-vy refuse the most necessary snpplies to their indigent sovereign. From the very nature of this parliamentary liberty, it is evident, that it must be left unbounded by law : for who can fore- tel how frequently grievances m.iy occur, or what |)art o!admini»tiution may be ufi'i-cted by them ? Eroni the nature too of the human frame, it may be expected, that this liberty would be e.xerted in its full extent, and no brauch of authority be allowed to remain un- molested in the hands of the prince. For will the we.ik limitations of respect and decorum be sufficient to restiain human ambition, which so frequently breaks through all the prescriptions of law and justice ' But here it is observable, that tho wisdom of the English constitution, or rather the concurrence of accidents, has provided, in different periods, certain irregular checks to this privilege of pailiameut, and thereby maintained, in some tolerable measure, tho dignity and authority of tho crown. In the ancient constitution, before the beginning of the seventeentli century, the meetings of parliament were precarious, and were not frequent. The sessions were short ; and the members had no leisure, either to get acquainted with each other, or with pi:blic busi- ness. The ignorance of the age made men ir.ore sub- missive to that authority which governed them. And, above all, the large demesnes of the crown, with the small expense of government during that period, ren- dered the prince almost independent, and taught tho parliament to preserve great submission and duty to- wards him. In our present constitution, many accidents, which have rendered governments everywhere, as well as in Great Britain, much more burdensome than formerly, have thrown into the hands of the crown the disposal of a large revenue, and have enabled the king, by the private interest and ambition of the members, to re- strain the public interest and ambition of the body. While the opposition (for we must still have an oppo- sition, open or disguised) endeavours to draw every branch of admiuistration under the cognizance of par- liameut, the courtiei-s reserve a part to the disposal of the crown ; and the royal prerogative, though de- prived of its ancient powers, still maintains a due weight in the balance of the constitution. It was the fate of the house of Stuart to govern England at a period, w hen the former source of autho- rity was already much diminished, and before the latter began to flow in any tolerable abundance. Without a regular and fixed foundation, the throne perpetually tottered ; and the prince sat upon it anxiously and precariously. Every expedient used by James and Charles in order to support their dignity, we have seen attended with sensible inconveniences. The majesty of the crown, derived from ancient powers and prero- gatives, procured respect, and checked the approaches of insolent intruders : but it begat in the king so high an idea of his own rank and station, as made him in- capable of stooping to popular courses, or submitting in any degree to the control of parliament. The alli- ance with the hierarchy strengthened law by the sanc- tion of religion ; but it enraged the puritanical party, and exposeil the prince to the attacks of enemies numerous, violent, and implacable. The memory too of these two kings, from like causes, has been at- tended, in some degree, with the same infelicity which pursued them during the whole course of their lives. Though it must be confessed, that their skill in government was not proportioned to the extreme delicacy of their situation ; a sufficient indulgence has not been given them, and all the blame, by several historians, has been unjustly thrown on llieir side. Their violations of law, particularly thofe of Charles, are, in some few instances, transgressions of a plain limit, which was marked out to royal authority. But the encroachments of the commons, though in the be- ginning less ])Ositive ami determinate, are no less dis- cernible by good judges, and were equally capable of destroying tlie just balance of the constitution. While thev exercised the powers transmitted to them, in a, 019 NOTES TO VOLUME I manner more indopeudcnt, and less compliant, than had ever befoio been practised ; the kings were, per- liaps imprudently, hut, as tliey imagined, from neces- sity, tempted to assume powers, whicli had scarcely ever been exercised, or had been exercised in a difFer- eut manner by the erown. And from the shock of these opposite pretensions, together with religious controversy, arose all the factions, convulsions, and disorders which attended that period. [This note was, in the first editions, a part of the text.] Note 6 A, p. 64C. Mr. Carte, in liis life of the duke of Orniond, has given us some evidence to prove, that this letter was entirely a forgery of the popular leaders, in order to induce the king to sacrifice Strafford. He tells us, that Strafford said so to his son. the night before Iiis execution. But there are some reasons why I adhere to the common way of telling this story. 1 . The ac- count of the forgery comes through several liands, and from men of characters not fully known to the public. A circumstance whicli weakens every evidence. It is a hearsay of a hearsay. 2. It seems impossible, but young lord Strafford must inform the king, who would not have failed to trace tlie forgery, and expose his enemies to their merited infamy. 3. It is not to be conceived but Clarendon and Whitlockc, not to mention others, must have heard of the matter. 4. Sir George Ratcliffe, in his hfe of Strafford, tells the story the same way that Clarendon and Whitloeke do. Would he also, who was Strafford's intimate friend, never have heard of the forgery ? It is remarliable, that this life is dedicated or addressed to young Straf- ford. Would not lie have put sir George riglit in so material and interesting a fact. Note 6 B, p. G46. What made this bill appear of less consequence was, that the parliament voted tonnage and poundage for no longer a period than two mouths; and as tliat branch was more than half of the revenue, and the government could not possibly subsist witiiout it, it seemed indirectly in the power of tlie parliament to continue themselves as long as they pleased. Tliis in- deed was true in the ordinary administration of govern- ment : but on the approaches towards a civil war, which was not then foreseen, it had been of great con- sequence to the king to have reserved the right of dis- solution, and to liave endured any extremity, rather than allow the continuance of the parliament. Nolo C C, ;'. 653. It is now so universally allowed, notwithstanding Bcme muttering to the contr.ai-y, that tlie king had no hand in the Irish rebellion, that it will bo suf^erfluous to insist on a point which seems so clear. I shall only suggest a very few arguments, among an infinite num- ber which occur. 1. Ought the affirmation of per- fidious, infamous rebels ever to have passed for any authority ? 2. Nobody can tell ns what the words of the pretended commission were. That commission whicli we find in Rush worth, vol. v. p. 400, and in Milton's Works, Toland's edition, is plainly an impos- ture ; because it pretends to bo dated in October, 1C41, yet mentions facts which haiijiencd not till some months after. It appears that the Iri^h reheN, observing some inconsistence in their first forgery, wore obliged to forge this commission anew, yet could not render it coherent or probable. 3. Nothing could be more ob- viously pernicious to the king's cause than the Irish rebellion ; because it increased his necessities, and rendered him still more dependent on the parliament, wlio bad before sufficiently shown on what terms the.v would assist him. 4. The Instant the king heard of the rebellion, which was a very few days after its com- mencement, he wrote to the parliament, and gave over to them tlie management of the war. Ilad he built any projects on that rebellion, would he not have waited some little time to see how they would succeed ? Would he presfntly have adopted a measure which was evidently so hurtful to his authority ? 5. What can be imagined to be the king's projects ? To raise the Irish to arms, I suppose, and bring them over to England for his assistance. But is it not plain, that the king never intended to raise war in England ? Ilad that been his intention, would he have rendered the parliament per- petual ? Does it not appear, by the whole train of events, that the parliament forced him into the war? 0. The king conveyed to the justices intelligence which ought to have prevented the rebellion. 7- The Irish catholics, in all their future transactions with the king, where they endeavour to excuse their insurrection, never had the assurance to plead his commission. Even among themselves they dropped that pretext. It ap- pears that sir Phelim O'Neale, chiefly, and he only at first, promoted that imposture. See Carte's Ormond, voh iii. No. 100, 111, 112, 114, 115, 121, 132, 137. 8. O'Neale himself confessed the imposture on his trial and at his execution. See Nalson, vol. ii. p. 528. Maguire, at his execution, made a like confession. K. It is ridiculous to mention the justification which Charles II. gave to the marquis of Antrim, as if he had acted by his father's commission. Antrim had no hand in the first rebellion .nnd the massacre. He joined not the rebels till two years after : it was with the king's consent, and he did important service, in send- ing over a body of men to Jlontrose. Note 6 D, p. (>«2. The great courage and conduct displayed by many of the po))iilar leaders, have commonly inclined men to do them, in one respect, more honour than they de- serve, and to suppose, that, like able politicians, they employed pretences which they secretly despised, in order to serve their selfish purposes. It is however probable, if not certain, that they were, generally speaking, the dupes of their own zeal. Hypocrisy, quite pure and free from fanaticism, is perhaps, except among men fi.xed in a determined philosophical scep- ticism, then nnknown, as rare as fanaticism entirely purged from all mixtiiie of hypocrisy. So congenial to the human mind are religious sentiments, that it is im- possible to counterfeit long these holy fervours, with- out feeling some share of the assumed warmth : and on the other hand, so precarious and temporary, from the frailty of human nature, is the operation of these spiri- tual views, that the religious ecstasies, if constantly em- ployed, must often be counterfeit, and must be warped by those more familiar motives of interest and ambi- tion, which insensibly gain upon tUe mind. This in- deed seems the key to most of the celebr.ated characters of that age. Equally full of fraud and of ardour, these pious patriots talked perpetually of seeking the Lord, yet still pursued their own purposes ; and have left a memorable lesson to posterity, how delusive, how de- structive, that principle is by which they were ani- mated. With regard to the people, we can entertain no doubt that the controversy was, on their part, entirely theological. The generality of the nation could never have flown out into such fury in order to obtain new privileges and acquire greater liberty than they and their ancestors had ever been acquainted with. Their fathers had been entirely satisfied with the government of Elizabeth: why should they have been thrown into such extreme rage against Charles, who, from the be- ginning of his reign, wished only to maintain such a government ? And why not, at least, compound matters with him, when by all his laws, it appeared that ho had agreed to depart from it ? Especially, as he had put NOTES TO VOLUME I 913 it entirely out of his power to retract that resohition. It is in vain, tlierefore, to dignify this civil war and tlio parliamentary authors of it, by supposing it to have any other considerable foundation than theological zeal, that great and noted source of animosity among men. The royalists also were very commonly zealots; but as they were at the same time maintaining the established constitution, in state as well as church, they had an object which was natu.al, and which might produce the greatest passion, even without any considerable mixture of theological fervour. [The former part of this note was, in the first edi- tions, a part of the text.] Note G E, ;). GC2. In some of these declarations, supposed to be penned by lord Falkland, is found the first regular definition of the constitution, according to our present ideas of it, that occurs in any English composition ; at least, any published by authority. The tliree species of govern- ment, monarchical, aristocratical, and democratical, are there plainly distinguished, and the English govern- ment is expressly said to be none of them pure, but all of tliem mixed and tempered togctlier. This style, though the sense of it was implied in many institutions, no former king of England would li.ave used, and no subject would have been permitted to use. Banks and the crown-lawyers ag.ainst Ilambden, in the case of ship-money, insist pl.ainly and openly on the king's ab- solute and sovereign power: and the opposite lawyers do not deny it : they only assert, that the subjects have also a fundamental property in their goods, and that no part of them can lie taken but by their own consent in parliament. But that tlie parliament was instituted to check and control the king, and share the supreme power, would, in all former times, have been esteemed very blunt and indiscreet, if not illegal, language. We need not be surprised that governments should long continue, though the boundaries of authority, in tlieir s^'veral branches be imijlicit, confused, and undeter- niinjd. This is the case all over the world. Who can draw an exact line between the spiritual and temporal powers in catholic states ? What code ascertained the precise authority of the Itoman senate, in every occur- rence ? Perhaps tbe English is the first mi.xed govern- ment, where the authority of eveiy part has been very accurately defined : and yet there still remain many very important questions between the two houses, that, by common consent, are buried in .a discreet silence. The king's power is indeed more exactly limited; but this period, of which we now treat, is the time at which that accuracy commenced. And it ap|)earsfrom AVar- wick and Hobbes, that many royalists blamed this philosophical precision in the king's penman, and thought that the veil was very imprudently drawn off the mysteries of government. It is certain that liberty reaped mighty advantages from these controversies and inquiries ; and the royal authority itself became more secure within those provinces which were assigned to it. [Since the first publication of this history, the sequel of lord Clarendon has been published ; where that nobleman asserts, that he himself was the author of most of these remonstrances and memorials of the king.] A^o/e C F, p. fiC8. Whitlocke, who was one of the commissioners, says, p. 65, "lu this treaty the king manifested his great parts and abilities, strength of reason and quickness of apprehension, with much patience in hearing what was objected against him ; wherein he allowed all freedom, and would himself sura up the arguments, and give a most clear judgment upon them. Ilis unhappiness was, that he had a better ojjinion of other's judgments than Vot. I of his own, though they were weaker than his own ; and of this the parliament commissioners had expe- rience, to their great trouble. They were often waiting on the king, and debating some points of the treaty with him, until midnight, before they could come to a conclusion. Upon one of the most material points, they pressed his majesty with their reasons and best arguments they could use to grant what they desired. The king said, he was fully satisfied, and promised to give them his .answer in writing according to their de- sire; but because it was then past midnight, and too late to put it into writing, he would have it drawn up next morning, (when he commanded them to wait on him again,) and then he would give them his answer in writing, as it was now agreed upon. But next morning the king told them that he had altered his mind : and some of his friends, of whom the commis- sioners inquired, told them, that after they were gone, and even his council retired, some of his bedchamber never left pressing and persuading him till they pre- vailed on him to change his former resolutions." It is difficult, however, to conceive, that any negociation could have succeeded between tlie king and parliament while the latter insisted, as they did all along, on a total submission to all their demands; and challenged the whole power, which they professedly intended to employ, to the punishment of the king's friends. Note 6 G, p. C70. The author is sensible that some blame may be thrown upon him, on account of this last clause, in Mr. Ilambden 's character: as if he were willing to enter- tain a suspicion of bad intentions, where the actions were praiseworthy. But tho author's meaning is directly contrary : he esteems the last actions of Mr. Hambden's life to have been very blameable; though, as they were derived from good motives, only pushed to an extreme, there is room left to believe, that the intentions of that patriot, as well as of many of his party, were laudable. Had the preceding administra- tion of the king, which we are apt to call .arbitrarv, proceeded from ambition, and an unjust desire of en- croaching on the ancient liberties of the people, there would have been less reason for giving him any trust, or leaving in his hands a considerable share of that power which he had so much abused. But if his con- duct was derived in a great measure fi*om necessity, and from a natural desire of defending that preroga- tive which was transmitted to him from his ancestors, and which his parliaments were visibly encroaching on ; there is no reason why he may not be esteemed a very virtuous prince, and entirely worthy of trust from his people. The attempt, therefore, of totally annihi- lating mon.archic.al power, was a very blameable ex- treme ; especially as it was attended with the danger, to say the least, of a civil war, which, besides the numberless ills inseiiarable from it, exposed liberty to much greater perils than it could have incurred under the now limited authority of the king. But as these points could not be supposed so clear during the time, as they are, or may be at present ; there are great rea- sons of alleviation for men who were heated by the controversy, or eng.aged in the .action. And it is re- markable, that even at present (such is the force of party prejudices) there are few people who have cool- ness enough to see these matters in a proper light, or are convinced that the parliament could prudently h.ivc stopped in their pretensions. They still plead the violations of liberty attempted by the king, after granting the petition of right; without considering tho extreme harsh treatment wliieli he met with, after milking that great concession, and the impossibility of supporting government by the revenue then settled on the crown. The worst of it is, that there was a great tang of enthusiasm in the conduct of tho parlia nifntary leaders, which, though it might render their conduct sincere, will not much enhance their character C A 9U NOTES TO VOLUME I w-:th posterity. And though Hainbden was, perhaps, ifss infected with tliis spirit tlian many of liis asso- ciates, lie appears not to liave been altogether free from it. His intended migration to America, where he could only propose the advantage of enjoying puritani- cal prayers and sermons, will be allowed a proof of the prevalence of this spirit in him. Note 6 H, p. 674. In a letter of the king to the queen, preserved in the British Museum, and published by Mrs. Macauley, vol. iv. p. 420, he says, that unless religion was preserved, the militia (being not as in France a formed powerful strength) would be of little use to the crown ; and that if the pulpits had not obedience, which would never be, if presbyterian government was absolutely established, the hing would have but small comfort of the militia. This reasoningshows the king's good sense, and proves that his .attachment to episcopacy, though partly founded on religions principles, was .also, in his situa- tion, derived from the soundest views of civil policy. In reality, it was easy for the king to perceive, by the necessary connexion between trifles and important matters, and by the connexion maintained at that time between religion and politics, that when he was contending for the surplice, he w.as in effect figiiting for his crown, and even for his head. Few of the popular party could perceive this connexion : most of them were carried headlong by fanaticism ; as might be expected in the ignorant'multitude. Few even of the leaders seem to have had more enlarged views. Note 6 I, p. 685. That Laud's severity was not extreme appears from this fact, that he caused the acts or records of the high- commission-court to be searched, and found that there had been fewer suspensions, deprivations, and other punishments, by three, during the seven years of his time, than in any seven years of his predecessor Abbot; who was notwithstanding in great esteem with the house of commons. Troubles and trials of Laud, p. 164. But Abbot was little attached to the court, aud was also a puritan in doctrine, and bore a mortal hatred to the papists : not to mention, that the mutinous spirit was rising higher in the time of Laud, and would less bear control. The maxims, however, of his adminis- tration were the same that had ever prevailed in Eng- land, and that had place in every other European na- tion, except Holland, which studied chiefly the interests of commerce, and France, which was fettered by edicts and treaties. To have changed them for the modern maxims of toleration, how reasonable soever, would have'been deemed a very bold and dangerous enter- prise. It is a principle advanced by president Mon- tesquieu, that, where the magistrate is satisfied with the established religion, he ought to repress the first at- tempts towards innovation, and only grant a toleration to sects that are diffused and established. See I'Espiit des Loix, liv. 25. cap. 10. — According to this principle. Laud's indulgence to the catholics, and severity to the puritans, would admit of apology. I own, however, that it is very questionable, whether persecution can in, any case be justified: but, at the same time, it would be hard to give that appellation to Laud's conduct, who only en- forced the act of uniformity, and expelled the clergy- men that accepted of benefices and yet refused to ob- serve the ceremonies, which they previously knew to be enjoined by law. He never refused them separate places of worship ; because they theiuselvcs would have esteemed it impious to demand them, and no less impious to allow them. Nole6K,p.G91. Dr. Birch has written a treatise on this subject. It is not my business to oppose any facts contained in that gentleman's performance. I shall only prodnoa arguments which prove that Glamorgan, when lie re- ceived his private commission, had injunctions from the king to act altogether in concert with Ormond. (1.) It seems to be impUed in the very words of the commission. Glamoigan is empowered and autho- rized to treat and conclude with the confederate Roman catholics in Ireland. " If upon necessity any (articles) be condescended unto, wherein the king's lieutenant cannot so well be seen in, as not fit for us at present publicly to own." Here no articles are mentioned, which are not fit to be communicated to Ormond, but only fit for him and the king publicly to be seen in, and to avow. (2.) The king's protestation to Ormond ought, both on account of that prince's character, and the reasons he assigns, to have the greatest weight. The words are these : " Ormond, I cannot but add to my long letter, that, upon the word of a Christian, I never intended Glamorgan should treat anything without your approbation, much less without your knowledge. For besides the injury to you, I was always diffident of his judgment ; (though I could not tliiuk him so extremely weak as now to my cost I have found ;) which you may easily perceive in a postscript of a letter of mine to you." Carte, vol. ii. App. xxiii. It is impossible that any man of honour, however he might dissemble with his enemies, would assert a falsehood in so solemn a manner to his best friend, especially where that person must have had opportunities of knowing the truth. The letter, whose postscript is mentioned by the king, is to be found in Carte, vol. ii. App. xiii. (3.) As the king had really so low an opinion of Glamorgan's under- standing, it is veiy unlikely that be would trust him with the sole management of so important and deli- cate a treaty. And if he had intended that Glamor- gan's negociation should have been independent of Ormond, he would never have told the latter noble- man of it, nor h.ave put him on his guard against Gla- morgan's imprudence. That the king judged aright of this nobleman's character, appears from his Century of Arts, or Scantling of In^■entions, which is a i-idiculous compound of lies, chimeras, and impossibilities, and shows what might be expected from such a man. (4.) Mr. Carte, has published a whole series of the king's correspondence with Onnond, from the time that Gla- morgan came into Ireland ; and it is eWdent that Charles all along considers the lord-lieutenant as the person who was conducting the ncgociatious with the Irish. The 31st of July, 1645, after the battle of i Naseby, being reduced to great str.aits, he writes ' earnestly to Ormond to conclude a peace upon certain conditions mentioned, much inferior to those granted by Glamorgan ; and to come over himself with all the Irish he could engage in his service. Carte, vol. iii. No. 400. This would have been a great absurdity, if he had already fixed a different canal, by which, on veiy different conditions, he purposed to establist'i a pe.ace. On the 22ud of October, as his distresses mul- tiply, he somewhat enkarges the conditions, though they still fall short of Glamorgan's — a new absurdity ! See Carte, vol. iii. p. 41 1. (5.) But what is equivalent to a demonstration, that Glamoi-gan was conscious that he had no powers to conclude a treaty on these terms, or without cousulting the lord-lieutenant, and did not even expect that the king would ratify the articles, is the defeasance which he gave to the Irish council at the time of signing the treaty. " The c.arl of Glamorgan does no way intend hereby to oblige his majesty otlior th.au he himself shall please, after he has received these ten thousand men as a pledge and testimony of the said Roman-catholics' loyalty aud fideUty to his majesty ; yet he promises faithfully, upon his word and honour, not to acquaint his ma- jesty with this defeazance, till he had endeavoured, as far as in him lay, to induce his majesty to the granting of the particukars in the s.aid articles ; but that done, the said commissioners discliarge the sajil NOTES TO VOLUME I. 9Id earl of Glamorgan, both in honour and conscience, of any further eni;agenient to them therein ; though his majesty should not be pleased to grant the said par- ticulars in the articles mentioned, tlie said earl having given them assurance, upon his word, honour, and voluntary oath, tliat he would never, to any person whatsoever, discover this dcfeazance in the interim without their consents." Dr. Birch, p. 96. All Gla- morgan's view was to get troops for the king's service without hurting his own honour or his master's. The wonder only is, why the Irish accepted of a treaty, which bound nobody, and which the very person who concludes it, seems to confess he does not expect to he ratified. They probably hoped that the king would, from their services, be more easily induced to ratify a treaty which was concluded, than to consent to its conclusion. (C.) I might add, that the lord-lieute- nant's concurrence in tlie treaty was the more requi- site ; because without it the treaty could not bo carried iuto execution by Glamorgan, nor the Irish troops be transported into England : and even with Ormond's concurrence, it clearly appears, that a treaty, so ruinous to the protcstant religion in Ireland, could not be executed in opposition to the zealous protestants of that kingdom. No one can doubt of this truth, who peruses Ormond's correspondence in Mr. Carte. The king was sufficiently apprised of this difficulty. It appears indeed to be the only reason why Umiond objected to the granting of high terms to the Irish catholics. Dr. Birch, in p. 360, has pubUshed a letter of the king's to Glamorgan, where he says, " Howbeit I know you c;innot be but confident of my making good all instructions and promises to you and the nuncio." But it is to be remarked, tliat this letter is dated April 5, 1646 ; after there had been a new negocLition entered into between Glamorgan and the Irish, and after a provisional treaty liad even been concluded between them. Sec Dr. Birch, p. 179. The king's assurances, therefore, can plainly relate only to this recent transiiction. The old treaty had long been dis- avowed Ijy the king, and supposed by all the parties to be annulled. Note 6 L, p. 699. Salmonet, Ludlow, HoUis, &c., all these, especially the last, being the declared inveterate enemies of Cromwell, are the more to be credited, when they ad- ■»-ance any fact, which may serve to apologize fur his ancient and criminal conduct. There prevails a story, that Cromwell intercepted a letter wiitten to the queen, where the king said, that he would first raise and then destroy Cromwell. But, besides that this conduct seems to contradict the character of the king, it is, on other accounts, totally unworthy of credit. It is first told by Roger Coke, a very passionate and foolish historian, who wrote, too, so late as king William's reign; and even he mentions it only as a mere rumour or hearsay, without any known founda- tion. In the memoirs of lord Broghill, we meet with another story of an intercepted letter which deserves some more attention, and agrees very well with the narration here given. It is thus related by Jlr. Maurice, chaplain to Roger, earl of Orrery : " Lord Orrery, in tbe time of his greatness with Cromwell, just after he had so seasonably relieved him in his great distress at Clonmell, riding out of Youghall, one day with him and Iroton, they fell into discourse about the king's death. Cromwell thereupon said more than once, that if the king had followed his own judgment, and had been attended by none but trusty servants, he had fooled them all ; and that once they had a mind to have closed with him ; but, upon some- thing that happened, fell off from that design. Orrery finding them in good humour, and being alone with them, asked, if he migl-.t presume to desire to know, why they wotdd once have closed with his majesty, and why they did not ? Cromwell very freely told him, he would satisfy him in both his queries. ' Tho reason (says he) why we would have closed with tho king was this: we fonnd that the Scotch and prcsby- terians began to be more powerful than we, and were likely to agree with him and leave us in the lurch. For this reason we thought it best to prevent them, by offering first to come in upon reasonable conditions: but whilst our thoughts were taken up with this sub- ject, there came a letter to us from one of our spies, who w.is of the king's bedchamber, acquainting us, that our final doom was decreed that very 'day ; that he could not possibly learn what it wa.s, but we might discover it, if wu could but intercept a letter sent from tho king to the queen, wherein he informed her of his resolution ; that this letter was sown up in the skirt of a saddle, and the bearer of it would come with tho saddle upon his head, about ten of tho clock that night, to the Blue Boar in Ilolborn, where he was to take horse for Dover. The messenger knew nothing of the letter in the saddle, though some in Dover did. We were at Windsor (said Cromwell) when we received this letter, and immediately upon the receipt of it, Ireton and I resolved to take one trusty fellow with us, and to go in troopers' habits to that inn. We did so ; and leaving our man at the gate of the inn, (which had a wicket only open to let persons in and out,) to watch and give us notice when any man came in with a saddle, we went into a drinking-stall. We there continued drinking cans of beer till about ten of the clock, when our sentinel at the gate gave us notice that the man with the saddle was come. We rose up presently, and just as the man was leading out his horse saddled, we came up to him with drawn swords, and told him we were to search all that went in and out there ; but as he looked like an honest man, we would only search his saddle, and so dismiss him The saddle was ungirt ; we carried it into the stall where we had been drinking, and ripping open one o£ the skirts, we there found the letter we wanted. H.aving thus got it into our hands, we delivered the man (whom we have left with our centinel) his saddle, told him he was an honest fellow, and bid him go about his business ; which he did, pursuing his jour- ney without more ado, and ignorant of the harm he had suffered. We found in the letter, that his ma- jesty acquainted the queen, that he was courted by both frictions, the Scotch prcsbyterians and the army ; and that those which bade the fairest for him should have him : but yet he thought he should close with the Scots sooner th:in with the other. Upon this we returned to Windsor ; and finding we were not like to have good terms from the kir.g, we from that time vowed his destruction.' — This relation, suiting well enough with other passages and circumstances at this time, I have inserted to gratify the reader's curiosity." Carte's Ormond, vol. ii. p. 12. NoU6TA,p.1Wi. Tlieso are the words : " Laneric ; I wonder to hear (if that bo true) that some of my friends sr.y, that my going to Jersey would have much more furthered my personal treaty, than my coming hither, for which, as I see no colour of reason, so I had not been here, if I had thought that fancy true, or h.ad not beer, secured of a personal treaty ; of which I neither do, nor, I hope, will repent ; for I am daily more and more satisfied with the governor, and find these islanders very good, peaceable, and quiet people. This encouragement I have thought not unfit for you to receive, hoping at least it may do good npon others, though needless to you." Burnet's Memoirs of Ilamilton, p. 326. See also Rushworth, part 4. vol. ii. p. 941. All the writers of that age, except Clarendon, represent the king's going to the Isle of Wight as \ oluntary and intended. 1 Perhaps the king thought it little for his credit to be ' trepanned into this measure, and was more willing to <>16 NOTES TO VOLUME I. take it on himself as entirely voluntary. Perhaps he thouglit it would encourage Lis friends, if they thouglit him in a situation which was not disagreeable to hini. A^jad not ac- knowledged his right. Yet king William justly passes for a very sincere prince; and this transaction is not regarded as any objection to his character in that par- ticular. In all the negociations at the peace of Ryswic, the French ambassadors always addressed king Wil- liam as king of England ; yet it was made an express article of the treaty, that the French king should ac- knowledge him as such. Such a palpable difference is therebetween giving a title to a prince, and positively recognising his right to it. I may add, that Charles, when he inserted that protestation in the conncil-books before liis council, surely thought he had reason to justify his conduct. There were too many men of honour in that company to avow a palpable cheat. To which we may subjoin, that if men were as much dis- posed to judge of this prince's actions with candour as severity, tliis precaution of entering a protest in his council-books might rather pass for a proof of scrupu- lous honour ; lest he should afterwards be reproached with breach of his word, when he should think proper again to declare the assembly at Westminster no par- liament, (5.) The denying of his commission to Gla- morgan is another instance which has been cited. This matter has been already treated in a note to chap. Iviii. That transaction was entirely innocent. Even if the king had given a commission to Glamorgan to conclude that treaty, and had ratified it, will any reasonable man in our age think it strange, that, in order to save his own life, his crown, his family, his friends, and his party, he should make a treaty with papists, and grant them very large concessions for their religion? (C.) There is another of the king's intercepted letters to the queen commonly mentioned ; where it is pretended, he talked of raising and then destroying Cromwell : but that story stands on no manner of foundation, as we have observed in a preceding note to this chapter. In a word, the parliament, after the commencement of their violences, and still more, after beginning the civil war, had reason for their scruples and jealou- sies, founded on the very nature of their situation, and on the general propensity of the human mind ; not on any fault of the king's character ; who was candid, sincere, upright, as much as any man whom we meet with in history. Perhaps, it would be difficult to find another character so unexceptionable in tliis particular. As to the other circumstances of Charles's character, chiefly exclaimed against, namely, his arbitrary prin- ciples in government, one may venture to assert, that the greatest enemies of this prince will not find, in the long line of his predecessors, from the conquest to his time, any one king, except perhaps his father, whose administration was not more arbitrary and less legal, or whose conduct could have been recommended to him by the popular party themselves, as a model, in this particular, for his government. Nor is it sufficient to say, that example and precedent can never authorize vices : examples and precedents, uniform and ancient, can surely fix the nature of any constitution, and the limits of any form of government. There is indeed no other principle by which those landmarks or bounda- ries can be settled. What a paradox in human affairs, that Henry VIII. should havtf been almost adored in his lifetime, and his memory be respected ; while Charles I. should, by the same people, at no greater distance than a centurj-, have been led to a public and ignominious execution, and his name be ever after pursued by falsehood and by obloquy ! Even at present, an historian who, prompted by his courageous generosity, should ven- ture, though from the most authentic and undisputed facts, to vindicate the fame of that prince, would be sure to meet with such treatment, as would discourage even the boldest from so dangerous, however splendid, an enterprise. Note C P, p. 714. The following instance of extravagance is given by Walker, in his History of Independency, Part II. 1). 152. About this time there came six soldiers into the parish church of Walton-upon-Thames, near twi- light: -Mr. Faucet, the preafher there, not having till then ended his sermon. One of the soldiers had a lantern in his hand, and a candle burning in it, and in the other hand four candles not lighted He de- sired the parishioners to stay a while, saying he had a message from God unto them, and thereupon offered to go into the pulpit. liut the people refusing to give him leave so to do, or to stay in the church, he went into the churchyard, and there told them that he had a vision, wherein he had received a command from God to deliver his will unto them, which he was to de- liver, and they to receive upon pain of damnation; consisting of five lights. (1.) " That the sabbath was abolished as unnecessary, Jewish, and merely ceremo- nial. And here (quoth he) I should put out the first light, but the wind is so high I cannot kindle it. (2.) Tliat tithes are abolished as Jewish and ceremonial, a great burden to the saints of God, and a discoui-age- ment of industry and tillage. And here I should put out my second light, i!i:c. (3.) That ministers are abo- lished as antichristian, and of no longer use, now Christ himself descends into the hearts of his saints, and his spirit enlighteneth them with revelations and inspirations. And here I should put out my third light, &c. (4.) Magistrates are abolished as useless, now that Christ himself is in purity amongst us, and hath erected the kingdom of the saints upon earth. BesideSjthey are tyrants and oppressors of the liberty of the saints, and tie them to laws and ordinances, mere human inventions. And here I should put out my fourth hght, &c. (5.) Then putting his hand into his pocket, and pulling out a little Bible, he showed it open to the people, saying, Here is a book you have in great ve- neration, consisting of two p.arts, the Old and New Tes- taments : I must tell you it is aboUshcd ; it containeth beggarly rudiments, milk for babes ; but now Christ is in glory amongst us, and imparts a further measure of his spirit to his saints than this can afford, I am com- manded to burn it before your face. Then putting out the candle he said. And here my fifth light is extin- guished." It became a pretty common doctrine at that time, that it was unworthy of a Christian man to pay rent to his fellow- creatures: and landlords were obliged to use all the penalties of law against their te- nants, whose conscience was scrupulous. Note 6 Q, p. 723. When the earl of Derby was aUve, he had been sum- moned by Ireton to surrender the Isle of Man ; and he returned this spirited and memorable answer : " I re- ceived jour letter with indignation, and with scorn re- turn you this answer ; that I cannot but wonder whence you should gather any hopes that I should prove, liko you, treacherous to my sovereign ; since you cannot be ignorant of my former actions in his late majesty's service, from which principles of loyalty I am no whit departed. I scorn your proffers; I disdain your fa- vour; I abhor your treason ; and am so far from deli- vering up this island to your advantage, that I shall keep it to the utmost of my power to your destruc- tion. Take this for your final answer, and forbear any further solicitations ; for if you trouble me with any more messages of this nature, I will burn the paper and hang up the bearer. This is the immutable reso- lution, and shall be the undoubted practice of him, who accounts it his chiefest glory to be his majeRty's most loyal and obedient subject. " Deebt," 918 NOTES TO VOLUME 1 Note 6 B, p. 723. It had been a usual policy of the presbyterian eccle- siastics to settle a chaplain in the great families, who acted as a spy upon liis master, and gave them intelli- gence of the most private transactions and discourses of the family. A signal instance of priestly tyranny, and the subjection of the nobility! They even obliged the servants to give intelligence against their masters. Whitlocke, p. 502. The same author, p. 412, tells the following story. The synod meeting at Perth, and citing the ministers and people, who had expressed a dislike of their heavenly government, the men being out of the way, their wives resolved to answer for them. And, on the day of appearance, a hundred and twenty women, with good clubs in their hands, came and besieged the church, where the reverend ministers sat. They sent one of their number to treat with the females, and he threatening excommunication, they basted him for his labour, kept him prisoner, and sent a party of si.xty, who routed the rest of the clergy, bruised their bodies sorely, took all their baggage and twelve horses. One of the ministers, after a mile's running, taking all creatures for his foes, meeting with a soldier, fell on his knees, who knowing nothing of the matter, asked the black-coat what he meant ! The female conquerors, having laid hold on the synod cleric, beat him till he forswore his office. Thirteen ministers rallied about four miles from the place, and voted that this village should never more have a synod in it, but be accursed ; and that though in the years 1638 and 39, the godly women were cried up for ston- ing the bishops, yet now the whole sex should be esteemed wicked. Note 6 S, p. 736. About this time an accident had almost robbed the protector of his life, and saved his enemies the trouble of all their machinations. Having got six fine Fries- land coach-horses as a present from the count of 01- denburgh, he undertook for his amusement to drive them about Hyde-park ; his secretary, Thurloe, being in the coach. The horses were startled and ran away : he was unable to command them or keep the box. He fell upon the pole, was dragged upon the ground for some time; a pistol which he caiTied in his pocket went off; and by that singular good fortune which ever attended him, he was taken up without any con- siderable hurt or bruise. Note 6 T, p. 750. After Monk's declaration for a free parliament on the nth of February, he could mean nothing but the king's i-estoratiou : yet it was long before he would open himself even to the king. TJiis declaration was within eight days after his arrival in London. Had he ever intended to have set up for himself, he would not surely have so soon abandoned a project so inviting : he would have taken some steps, which would have be- trayed it. It could only have been some disappoint- ment, some frustrated attempt, which could have made him renounce tlie road of private ambition. But there is not tlie least symptom of such intentions. The story told of sir Anthony Ashley Cooper, by Mr. Locke, has not any appearance of truth. See Lord Lans- downe's Vindication, and Philip's Continuation of Balcer. I shall add to what those authors have ad- vanced, that cardinal JLazai-ine wished for the king's restoration ; though he would not have ventured much to liave procured it. Note 6 U, p. 774. Tlie ai-ticles were, that he had advised the king to govern by military power without parliaments, that he had affirmed the king to be a papist or popishly af- fected, that he had received great sums of money for procuring the Canary patent and other illegal patents ; that he had advised aud procured divers of his ma- jesty's subjects to be imprisoned against law, in re- j mote lands and garrisons, thereby to prevent their I having the benefit of the law ; that he had procured the customs to be farmed at under-rates; that he had re- ceived great sums from the Vintners' Comp.any, for allowing them to enhance the price of wines ; that he had in a short time gained a greater estate than could have been supposed to arise from the profits of his office ; that he had introduced an arbitrary government into his majesty's plantations ; that he liad rejected a proposal for the preservation of Nevis and St. Christo- pher's, which was the occasion of great losses in those parts ; that when he was in his majesty's service beyond sea, he held a conespondence with Cromv,'ell and his accomplices ; that he advised the sale of Dunkirk ; that lie had unduly altered letters-patent under the king's seal ; that he had uuduly decided causes in council, which should have been brought before chancery ; that he had issued quo warrantos against corporations with an intention of squeezing money from them ; that he had taken money for passing the bill of settlement in Ireland ; that he betrayed the nation in all foreign treaties ; and that he was the principal adviser of di- viding the fleet in June, 1606. Note 6X, p. 78L The abstract of the Report of the Brook-liouse com- mittee (so that committee was called) was first pub- lished by Mr. Ealph.vol. i. p. 177, from Lord Halifax's collections, to which I refer. If we peruse their apo- logy, whicli we find in the subsequent page of the same author, we shall find that they acted with some malig- nity towards the king. They would take notice of no services performed before the 1st of September, 1664, But all the king's preparations preceded that date, and, as chancellor Clarendon told the parliament, amounted to eight hundred thousand pounds ; and the computa- tion is very probable. This sum, therefore, must be added. The committee likewise charged seven hun- dred thousand pounds to the king on account of the winter and summer guards, saved during two years and ten montlis that the war lasted. But this seems iniquitous. For though that was an unusual burden on the revenue, which was then saved ; would not the diminution of the customs, during the war, be an equivalent to it? Besides, near three hundred and forty thousand pounds are charged for prize-money, which perhaps the king thought he ought not to ac- count for. These sums exceed the mUUon and a half. Note 6 Y, p.lSZ. Gourvlllehas said in his Memoirs, vol. ii. p. 14, 67, thatChaileswas never sincere in the triplealliance; and tliat having entertained a violent animosity against De Wit, he endeavoured by this artifice to detach him from the French alliance, with a view of afterwards finding an opportunity to satiate his vengeance upon him. This accouut,though very little honourable to the king's meraoi-y, seems probable from the event?, as we'll nn from the authority of the author. END OF VOLUME X. LIFE OF SMOLLETT. It is rather a remarkable fact, that although tliere are few- men who have contributed so much to the standard litera- ture of England as the subject of tliese pages, yet of his life and liistory so little is generally known, notwithstanding he lived in a comiaratively recent period, and has left ua such plentiful materials wherewith to compose liis bio- graphy. Our sjace will not permit any lengthened memoir, still it shall be as correct and concise as possible. Tobias Smollett waa born iii the year 1721, and had the good fortune to open his eyes for the first time in one of the most romantic districts of Scotland, the Vale of Leven, situated between Dumbarton and Balloch, about three miles from Loch Lomond, and in tlie immediate neigh- bourhood of the fortresses of Cardross and Dumbarton, which had respectively given shelter to the two heroes of Scottish history, Robert Bruce and Wallace. Of Smolletfs boyhood no anecdotes are handed down to us ; but we are told that even at school he showed his love of ridicule and satire, by writing squibs against sevei-al of his companions. After passing some time at the school of Mr. Joliu Lowe, at Dumbarton, he was removed to the University of Glas- gow, and then declared his intention of devoting himself to the study of medicine ; and it appeal^, by tlio college records, that he did so with more than the average amount of skill and iml'istry ; he therefore commenced his appren- ticeship under the most favourable circumstances. He was articled to Sir. John Gordon, a man of eminence ia the surgical profession, and of considerable practice. Smollett's opinion of him in Ilumplirey Clinker testifies the high esteem in which he was held : he makes Bramble there say, "' I was introduced to Mr. Gordon, a patriot of a truly noble spirit. Had he lived in ancient times, lie would liave been honomed witli a statue at the public exijense." During Smollett's apprenticeship to Mr. Gordon, he became celebrated among his friends as a keen satirist ; and it was not only in satire that lie exercised his talents, for before he was eighteen he had written the tragedy of The Regicide, fomided upon the facts connected with the assassination of King James the First, in a convent near Perth. Soon after this, however, it was his misfortune to lose his grandfather. Sir James Smollett, who liad been a most liberal friend and protector to him after the death of liis father, who was Sir James's youngest son, but who had offended his family by manying a lady without fortune. This loss was rendered doubly severe by Sir James having neglected to provide for him or liis mother by any bequest; and thus being left witliout any means of support, he resolved, immediately the term of his apprenticeship was expired, to set out for London, and endeavour there to gain that independence of wliich he felt liis talents wortliy. All the wealth he possessed, on his airival in London, was a plentiful supply of letters of introduction, and liis tragedy of The Regicide, on the merits of which he rested his chief hopes of success. But all his elibrts to bring it on the stage proved abortive; and he was finally compelled to seek some more sulistantial means of support than literature appeareil then to offer him. Fortunately ho had not much difficulty in obtaming the appointment of surgeon's mate on board a man-of-war, one of the fleet destined for the expedition to Carthagena ; and we find that in 1741 he proceeded thither. Tlie despotic control to which he was subject on board did not at all suit his temperament ; and after a short period, being quite disgusted with his office, he resigned it, and toolv up his al>ode in Jamaica, where he resided until 1746, when he retuined to England, i During liis residence there he formed an attachment to a Miss Lascelles, a lady of considerable personal attractions, | and the expectant heiress of some thoiuands of pounds. His unsettled situation prevented their immeiliato miion, and it was to prepare for his marriage tliat lie entered seriously, on his return to England, on his jnofession as a physician. But in this career he made little progress, owing, in all j>robability, to his endeavours after success in the litcraiy world. Instead of requesting tlie aid of his friends to procure him a little practice, lie employed all the interest he could claim to fonvard his measures with the manager of Drury Lane for the brmging out of The Regicide ; and the poet was far more conspicuous thaii the physician in the eyes of his friends. Tliis was rendered still fmther the case, by the publication, almost imme- diately after his return, of the little satire Advice, which was followed in the succeeding year by another, entitled Reproof. Previous to the publication of this last, he had produced the opera Alceste, which was to have been per- formed at Covent Garden ; but before it could appear he liad quarrelled with the manager, and directed against him in the Reproof some of the bitterest lines his pen could produce. This very imprudent step not only injured his cliai-acter as a professional man, but also raised up for him numerous enemies in the very circles whicli it would liave been his best policy to have carefully cultivated. Notwithstanding all these disappointments, he married Miss Lascelles ; and prudent as this step appeared, it turned out the ver)- reverse. Jliss Lascelles had the expectation of a fortune of three thousand pounds ; and with this money our author had hoped to pursue his career under more favourable auspices; but, to his cliagrin, he fomid that the riglit was disputefl, and the expenses of the legal aid he was obliged to procure only added to his already serious embanassments. Still his active and lively spirit was by no means subdued ; and under the pressure of these diffi- culties, he set to work in quite a different sphere of litera- ture, and in 1748 produced his first work of fiction, the novel of Roderic Random. Although Fielding was then enjoying the utmost popularity, Smollett threatened to divide with him the admii-ation of the public ; and, not- withstanding the styles of the two novelists are so dis- similar. Lady Mary Wortley Montague ascribed Roderic Ramlom, on its first appearance without a name, to Fielding ; and in a letter to her daughter, the Countess of Bute, alter praising it, she adds, " I cannot think Ferdinand Fathom wrote by the same hand : it is every way so much below it." Still Lady Maiy's mistake was not general, and the author had the pleasure of seeing his work crowned with complete success. It brought him l>oth reputation and money, though far more of tlie former than the latter ; and it gave him a degree of confidence in the patronage of the public. But here again Smollett's mihappy fondness for his first love, the tragedy of The Regicide, intcrfereersuaded to reconsider its merits, and to new model the plan, which was imperfect and undigested before, and mould it into a regular tragedy, confined within the unities of the drama. It appears most inconsistent to find Smollett acknowledging this himself, after having for years regu- larly abused, in unmeasiu-ed terms, both managers and LIFE OF SMOLLETT. patrons, for their want of tasle in not risking the expense of bringing it before the public. Finallj-, after many disap- pointments, SmoUet gave up tlie idea of seeing it ever on the stage, and vented his ill-humour in a vituperative address, which was only laughed at, and also by vaiious remarks in Roderic Random, under the character of Mr. Melopoyn. In the summer of the year following the publication of The Regicide, he made an excureion to Paris, and there became acquainted with many of the persons whom he afterwards described in Peregrine Pickle, which was pub- lished in 1751, with triumphant success, in spite of the numerous instances in which he gave way to pereonal resentment, by caricaturing many of the most estimable men of his day, and by the prostitution of his pen in in- serting the Memoirs of a Lad;/ of Quaiily. About this period he formed the idea of raising himself in his profession, and issued a work entitled An Essay on the External Use of Water, tj-c. ; but altliough this added to his reputation as a man of science, it did not at all improve his practice : and he soon after took a house at Chelsea, and resolved on devoting himself entirely to the pursuits of literature, for which he was perhap.s better qualified than any man of the age: his versatility of talents, and his experience of the world enabled him at once to seize on almost any subject, and treat it either humorously, sarcastically, or seriously: in addition to this his genius was most in- ventive, and his imagination vigorous. Still his works are by no means equal. The Adventures of Ferdinand Count Fathom, which he wrote at this time, was treated by the public with the contempt it merited ; and the only wonder is, that the author of Roderic Random could have ever penned anything so disgusting and profligate as many of the scenes he there describes. In the spring of 1735 Smollett published his translation of Don Quixote, which met with a very favourable recep- tion from the public, partly from the fact that previously to commencing it, he had obtained a large subscription from his friends and the patrons of literature in general. After the completion of this work he determined on seeking a temporary relief from his incessant and labo- rious occupations ; and he employed a brief holiday in visiting his mother, whom he had not seen since he left Scotland in 1741. She was then residing with her married daughter, Mrs. Telfer, at Seotston, in Teeble- shire; and Smollett, anxious to increase the pleasure of their meeting, contrived a little surprise, by desiring his sister to say tliat ho was a gentleman lately arrived from the West Indies, where he had known her son. For some time he kept an expression of gravity foreign to hia nature, and succeeded in imposing upon his mother; but the instant he relaxed, and was unable to refrain from a smile, she flung her arms around him, exclaiming, in a tone of passionate joy and tenderness, " Ah ! my son ! my son ! I have found you at last !" She afterwards told him, that if he had continued to gloom, he might longer have escaped detection ; but that his " old roguish smile betrayed him at once." On his return to London he accepted the office of editor of The Critical Review, a periodical intended to support the Tories against The Monthly Review, whicli had been commenced some yeai-s before, and by this step he was exposed to constant annoyances, arising from his intemperate and unguarded abuse of those he deemed hia enemies. No serious consequences, however, arose from any of these attacks, until the year 1759, when he was pro- secuted by Admiral Knowles, in consequence of an article in The Critical Revicir, casting aspersions on his charactpr as a naval officer, for which Smollett was condemned to pay a fine of one hundred pounds, and be imprisoned for three months in the King's Bench. A short time previously to this he had published his History of England, which he prepared in the short space of fourteen months, and which will ever remain the most papular monument of his fame. Its elegance of style and accuracy of facts recommend it to all as a worthy continuation of Hume's masterly work, with which it is ven' uuivei-sally associated. During his imprisonment he commenced Sir Launcelot Greaves ; and in it detailed the histoiy of his fellow-prisoner, the much to be pitied Theodore, King of Corsica. Unfortunately Smollett originally published it in detached portions for The British Magazine, which appeared monthly ; and it is owing to this that the novel is so unconnected in style, and that the incidents narrated are of so capricious a character. But in the year of 1763, while busily employed in hia literary avocations, a heavy domestic calamity befell him — the loss of his only daughter, an amiable girl of fifteen, which tended to hasten the termination of his career. To seek relief from the melancholy that now depressed his spirits, added to a complication of ilicumatic disorders, he set out on a tour over the continent, and during three yeara visited different parts of France, Germany, and Italy. On his return he proceeded to Scotland, where he h.ad again the happiness of seeing his mother, who was still alive. His journey having much improved his health, he resumed his old occupations ; but after a time, being again attacked, he had no hopes of recoveiy except in a change of atmosi)here. He proceeded to Leghorn with his wife, and in a village named Monte Novo, near that city, took up his al)ode. For some time he appeared to improve in health, and enjoyed sufficient case to compose what many deem his best work, Humphrey Clinker, wliich appeared in 1771, and was attacked rather severely by the critics of the day. But in the October of the same year Smollett closed a career, from the celebrity of wdiich their petty criticisms cannot detract any splendour. His death happened in the fifty-first year of his age; yet from hia personal appeai-ance he might have been expected to enjoy a long and vigorous state of health. According to all accounts he was remarkably handsome, and his temper, although at times violent, was open and generous. The occasional coai-senesa of his style is to be lamented ; but these were the faults of the age, and not of the man. Still, in spite of this great di-awback, the fact that his works arc even in the present day read and admired is in itself a proof of their great merits. In con- clusion, it must be admitted tliat in v.iriety of detail, and liveliness of description, he has never yet been equalled by any wiiter of his class. i ■■,' \ ^ i \ f 4 1 m M ^^ c6 University of California SOUTHERN REGIONAL LIBRARY FACILITY Return this material to the library from which it was borrowed. OCT IS 1999 ^^1999 ■ e. •jf^:::. tfT ^ ^ iMi,';riiS';;i^i^r:'«i'i'i;;^f,7',, D 000 001 449 8 ? -'"i A •i >;f ^ ■■, iv •' 'l-". ^^.:#- ;S^'- -■■^Vi>. '•'-Vv -.^-'