103787 LONDON : PRINTED BY SPOTTISTTOODB AND CO., NEV-STRSOCT SQUABS AXD PARLIAMENT BTKXKT HISTORY OF ENGLAND 1603-1 642 VOL. IX. LONDON : PRINTttD BT SPOTTTSWOODtt AND CO., NB\T-STHHTET SQUARE AND PARLIAMENT STREET HISTORY ; 0F ENGLAND FROM 'T-H2- ' ACCESSION OF JAMES I. TO THE OUTBREAK OF THE CIVIL WAR I6O3-I6/ 1 BY SAMUEL R. GARDINER, LL.D. HONORARY STUDENT OP CHRIST CHURCH PROFESSOR OF MODERN HISTORY AT KING'S COLLEGE, LONDON ; CORRESPONDING MEMBER OF THE MASSACHUSETTS HISTORICAL SOCIETY, AND OF THE ROYAL BOHEMIAN SOCIETY OF SCIENCES IN TEN VOLUMES VOL. IX. 1639 1641 LONDON LONGMANS, GREEN, AND CO. 1884 All rights PREFACE TO THE NINTH VOLUME. IF I have striven, in the present volume, and in the one which will succeed it, to take a broader view of the deeds of the great men who made this England in which we live, and to realise and measure the greatness of Pym, as I have formerly attempted to realise and measure the greatness of Stafford, it must not be forgotten that this has been in great measure rendered possible by the amount of new material which has come into my hands, and which till very lately was entirely inaccessible. The invaluable diary of Sir Symonds d'Ewes, and the State Papers in the Public Record Office, have indeed been studied by previous inquirers, though I have found amongst them gleanings not wholly despicable. The Clarendon MSS., the Carte and Tanner MSS. in the Bodleian Library have also been helpful. But even if these mines had been more thoroughly worked than they have been, little or nothing would have been found in them to fill up the great deficiency which every pre- vious historian of the period must have felt. The suspicions entertained of Charles I. by the Parliamentary leaders form the most prominent feature of the history of the Long Parliament. vi PREFACE TO The whole narrative will be coloured by the conviction of the writer that these suspicions were either well or ill founded. Yet hitherto there has been no possibility of penetrating, except by casual glimpses, behind the veil of Charles's privacy. What evidence has been forthcoming was too scattered and incoherent to convince those who were not half-convinced already. Though even now much remains dark, considerable light has been thrown upon the secrets of Charles's policy by the copies, now in the Record Office, of the correspondence of Rossetti, the Papal Agent at the Court of Henrietta Maria, with Cardinal Barberini. The originals are preserved in the Barberini Palace, where the agents of the Record Office were permitted, by the courtesy of the librarian, Don Sante Pieralisi, to make the copies of them which have stood me in such good stead. I do not know any literary service for which I have had reason to be more profoundly grateful than that which was performed by these gentlemen by directions from the authorities at the Record Office, and of which I and my readers have been the first to reap the benefit Scarcely less is the gratitude which I feel to the late Mr. RAWDON BROWN, through whose kindness a great part of the Venetian despatches relating to this period were copied and sent to the Record Office. Those thus forwarded by him are referred to in these volumes as Venetian Transcripts. The few with which I became acquainted through my own exertions are quoted as Venetian MSS. Of less importance only than these authorities are the French despatches in the National Library at Paris or in the Archives of the Ministry of Foreign Affairs, the Dutch despatches ami the letters of Salvetti, the agent of the Grand Duke of Tuscany, copies of which are to be found in the British Museum. Refer- ences to other MSS. in that collection will be found in their proper place. The recently acquired Nicholas Papers have THE NINTH VOLUME. vii already been of considerable service, and will probably be even more useful at a later period. It will be understood that where the name of a printed tract is followed by the letter E. and a number, the reference is to the press-mark of the Thomason tracts in the Museum. A number without the preceding letter is a reference to the press-mark of other tracts in the same library. Outside the walls of our two national repositories, I have, with considerable advantage, had access, through the kind per- mission of the Library Committee at Guildhall, to the records of the Common Council of the City of London. Something too has been gained from the Register House and the Advo- cates' Library at Edinburgh. In the latter is to be found a full account of the proceedings of the Scottish Commissioners in London during the first months of 1641, which seems to have escaped the notice of Scottish antiquarians. Of a very different character are the Verney JlfSS. preserved at Claydon. After the close of 1639, when Mr. BRUCE'S selection, published by the Camden Society, ends, the correspondence of the Verney family deals less directly with public affairs, and there are therefore fewer extracts quoted from them in the latter part of these volumes than in the former. But it would be a great mistake to measure the historical value of this correspondence by the number of references to it in these pages. After reading such a mass of letters from men and women of very different charac- ters and in various positions in society, the mind of an historian becomes saturated with the thoughts and ideas of the time, in a way which is most helpful to him, though he may not be making even a mental reference to the writers of the letters themselves, or to the subjects which interest them. No words of mine could adequately express my feeling of the kindness with which I have been received at Claydon by SIR HARRY and LADY VERNEY, and of the liberality with which they regard their possession of viii PREFACE TO these inestimable treasures as a trust committed to them for the benefit of all who know how to make use of them. In one quarter only have I found any difficulty in procuring access to MSS. of importance. I regret that Lord FITZXVILLIAM has not considered it to be consistent with his duty to allow me to see the Strafford correspondence preserved at Wentworth Woodhouse. On the other hand, the extracts from two un- published Strafford letters preserved at Melbourne, which will be found at the opening of chapter Ixxxix., will probably be re- garded, by others as well as by myself, as being full of interest ; and I have been glad to be able to assign without doubt (p. 199) the authorship of the petition of the twelve peers to Pym and St. John, and to state (p. 273), in opposition to my former opinion, who were the personages with whom Henrietta Maria held secret interviews in February 1641. It would not be becoming to enter into a criticism of modern writers, as the points at issue could only be made intelligible at far greater length than I have here at my disposal ; but as it has been necessary in the interests of truth to speak clearly on the extreme carelessness of some of Mr. FORSTER'S work, I should not like to be considered to be without sense of the high ser- vices rendered by him to students of this period of history, especially in quickening an intelligent interest in the events of the seventeenth century. Nor will it, I trust, be presumptuous in me to record my admiration of the thoroughness and accuracy of the work of Mr. SANDFORD and Professor MAKSON. I have thought it due to their high reputation to point out in every case the few inaccuracies in matters of fact which I have de- tected, excepting where the fault lay in their not having before them evidence which has been at my disposal. I have little doubt that if my work were subjected to as careful revision it would yield a far greater crop of errors. Unfortunately after May 1641 is reached, I have no longer THE NINTH VOLUME. ix the benefit of Mr. HAMILTON'S calendar of the Domestic State Papers. Happily for me he had achieved the greater part of his work before I outstripped him in my lighter labours. After the opening of the Long Parliament the State Papers decrease in volume and interest. I cannot conclude without especially thanking Mr. REGINALD PALGRAVE, whose great knowledge of the documents relating to the history of the time has enabled him to supply me with most valuable corrections and suggestions. CONTENTS OF THE NINTH VOLUME. CHAPTER LXXXVIII. FIRST BISHOPS' WAR. PAGE 1639 Charles's plan of cam- paign ... i The Covenanters lake the castles of Edinburgh, Dumbarton, and Dal- keith . . . 2 Montrose's success in the North ... 2 Huntly carried to Edin- burgh ... 5 The King at York . . 6 A general contribution de- manded . 7 Wentworth's review of the situation . 8 The King appeals to the Scottish tenants . 9 State of the King's army . 10 Disaffection of the English nobles . . . n The military oath . .11 peeling of the English army . . , 12 PACE Hamilton in the Firth of Forth . . .13 His despondency . . 14 Condition of the Royal army . . 15 Hamilton proposes to ne- gotiate . . , 16 Reinforcements ordered . 17 Hamilton's conference with the Covenanters . 19 The Trot of Turriff . . 20 Montrose returns to the North . . .21 The King at Berwick . . 22 Arnndel at Dunse . 23 The King prepares to take the aggressive , . 24 Attempts to obtain money 25 The Catholic contribution 26 Holland's march to Kelso 27 Condition of Charles's . army . . .28 The Scots on Dunse Law 30 CHAPTER LXXXIX. THE TREATY OF BERWICK. 1639 Wentworth advises the postponement of an attack , . . 33 Offers to threaten Scotland from Ireland , . 35 The Scots offer to nego- tiate . 36 Hamilton arrives at the Camp . . -37 Opening of negotiations . 38 CONTENTS OF The King fails to obtain money from the City . 39 Signature of the Treaty of Berwick . 40 Storming of the Bridge of Dee . . -41 Project of sending a Scot- tish army to Germany . 42 Obstacles in the way of carrying out the treaty . 42 Charles summons the bishops to the Assembly 44 Riot at Edinburgh . 45 The Covenanting leaders invited to Berwick . 46 Traquair's instructions as High Commissioner . 47 Charles returns to White- hall . . . . 47 Secret protestation of the Scottish bishops . 48 The Assembly at Edin- burgh confirms the aboli- tion of Episcopacy Parliament meets and proposes constitutional changes Charles looks for support to Montrose He refuses to rescind the Acts in favour of Epis- copacy Argylc's policy Legislative changes pro- pobud Charles determines to re- sist, and orders the adjournment of the Par- liament . Adjournment of the Parlia- ment So Si 52 S3 54 54 55 CHAPTER XC. THE ASCENDENCY OF WENTWORTH. 1639 The war in Germany Charles turns to a Spanish alliance . Dispute with the Dutch about the right of search A Spanish fleet sails for the Channel . . Is defeated by the Dutch in the Straits of Dover, and takes refuge in the Downs . The Spaniards and the Dutch appeal to Charles Charles's secret negotiation with Spain . . . The negotiation with France for Berahard's army Newport's bargain with Cardenas . Oquendo and Tromp in the Downs The sea-fight in the Downs Imprisonment of the Elec- tor Palatine 56 57 58 59 60 61 62 63 64 65 68 70 Wentworth's case against Crobhyaml Muuntnorris Cnsti of Lord Chiineellor Loftus Wcntworth arrives in Eng- land and hectmics the King's principal adviser The Scottish Commis- sioners in London Prorogation of the Scottish Parliament . Wemwurth advises the King to sunn non a Par- lianu'iit in England Privy Councillor!/ loan Traqimir wiit back to Edinburgh Suspicions that Parliament is to bo imimidnti'd The political and cvdcsuis- tical opposition The JCccU'sia.itiosil Courts Spread of the sects Trendall's case 1640 Wentxvortli created Karl of Strufford 70 71 73 73 74 75 76 77 78 80 8t 83 83 THE NINTH VOLUME. xin CHAPTER XCI. THE SHORT PARLIAMENT. PAGE PAGE 1640 Preparations for war . 84 The three estates of the Finch Lord Keeper . , 85 realm 106 Lady Carlisle . . 85 A new Secretary chosen . 86 The Houses summoned to Whitehall IO7 Release of Valentine and Strode . 87 Strafford advises an appeal to the Lords *v zoS The Queen and the Catho- The Lords support the lics . . -87 King IOQ The Queen and Strafford . 88 Charles's foreign relations 89 The Commons complain of the breach of privi- Relations between Scot- HO land and France . 91 The Lords maintain their A letter of the Scots to position III Louis XIII. falls into The King demands an Charles's hands . . 92 Scottish Commissioners in immediate grant Debate in the Commons . IT2 112 England . . 92 Twelve subsidies de- Strafford sets out for Ire- manded HO land. . 94 The Irish Parliament . 95 The English elections . 96 Ship-money and the mili- tary charges challenged Vane's intervention *' O 114 IIS Imprisonment of Loudoun 97 Opening of the Short Par- Proposed petition, against war with Scotland "O 116 liament . . .98 The Council votes for a The letter to the Fiench dissolution . 11*7 King produced . . 98 Dissolution of the Short * */ Grimsion's speech . 99 Parliament I Feeling against Laud in Work of the Short Parlia- 7 the House of Lords , 100 ment 118 Pym's speech . . . 101 CHAPTER XCII. PASSIVE RESISTANCE. 1640 Strafford' s view of the the suspicion of an Irish situation . .119 invasion 128 Discussion in the Com- Imprisonment of members mittee of Eight . . 120 of Parliament . 129 Strafford argues for an Efforts made to obtain aggressive war . . 120 Proposes to make- use of money Spanish Ambassadors ar- 130 the Irish army . . 122 rive to negotiate an English feeling on the sub- alliance . 131 ject , . . 126 Strafford asks for a loan Unpopularity of Strafford 127 The King endangered by from Spain . Riots at Lambeth . 132 133 XIV CONTENT'S The Queen's intrigue with Rome . , . 134 Concessions made . 135 Proposed negotiation with Scotland . . . 136 Stratford's conversation with Bristol , .137 Stafford's illness . . 139 The war \vith Scotland persisted in , . 140 The last case of judicial torture . I4 1 Convocation continues sit- ting . . *4 2 It grants six subsidies and passes new Canons . 143 Doctrine of the Canons on the Divine Right of Kings . . . 144 Laud on taxation . 145 The Etcetera Oath . . 146 Conduct of Bishop Good- man . . . 147 The convention of Estates at Edinburgh . . 148 Resistance to the King's order for the proroga- tion of the Scottish Par- liament . . .149 His deposition canvassed . 149 Session of Parliament . 150 Condition of the English army . . . 153 Failure of the attempt to collect ship-money in the City . . 153 The second session of the Irish Parliament . .155 Opposition to the Govern- ment in it . . 156 Financial difficulties in England . . 157 Dissatisfaction of the soldiers . . .158 Distrust of Catholic offi- cers . . . 159 Murder of Lieutenant Mo- huii . . .160 Cases of Chambers and Pargiter . . .161 Proposed issue of Com- missions of Array . 162 Execution of a mutineer by martial law . . 162 Newcastle left unforti- fied . . . 163 Astley's report on the army 164 CHAPTER XCIII. THE SECOND BISHOPS 7 WAR. 1640 Monro and Argylc in the Highlands . , 165 Argyle's raid . . . 166 Burning of the House of Airlie . . .167 Resistance at an end in Scotland . . . 168 Loudoun's mission . 168 Fresh schemes for raising money . . . 169 Proposal to seize the bul- lion in the Tower and to debase the coinage . 170 Mutinies in the army . 172 The City refuses to lend money . . . 174 Fresh efforts to obtain a loan from Spain . 175 Proposal to bring in Danish soldiers . . 175 The communion - rails pulled down . . 176 The Yorkshire petition . The City again refuses to lend . , Communications between the English leaders and the Scots . . Savile's forgery . . Leslie at Choicelee Wood The Bond of Cumbur- nauld . . . Vacillation at Court . StraJTord and the Irish army . , . The Spanish loan again . State of the forces in the North . . . Scottish manifestoes . The King resolves to go to York . . . Stratford placed in com- mand . . . The Scots cross the Tweed 177 177 178 179 180 181 183 183 184 185 186 187 188 189 THE NINTH VOLUME. xv Money raised upon pepper 190 | Preparations for resist- ance . . . igo Strafford appeals to the Yorkshire gentry . 191 onway and Astley at Newcastle . . . 192 The rout at Newburn . 103 Newcastle occupied by the Scots . . .195 CHAPTER XCIV. THE TREATY OF RIPON. [640 The Scots advance to the Tees . . . 197 Conference of the leaders of the Opposition . 198 The Peers demand a Par- liament . . . 199 A Great Council proposed 200 The Great Council sum- moned . . . 201 The demands of the Scots 203 Strafford a Knight of the Garter . . . 204 Public feeling in London . 205 The King is reluctant to call a Parliament . 206 Fall of strong places in Scotland . . . 207 Opening of the Great Council . . . 207 Traquair's narrative . . 208 The Peers give their security for a loan . 209 Negotiations begin at Ripon . . . 209 Savile confesses his forgery 2 ro Disturbances in London . 211 The progress of the nego- tiation . . .212 Strafford proposes to drive the Scots from Ulster . 213 Conclusion of the negotia- tions at Ripon . .214 The City loan . .214 Last meeting of the Great Council . . .215 The King's expectation of a happy Parliament . 216 CHAPTER XCV, THE FIRST TWO MONTHS OF THE LONG PARLIAMENT. 1640 Meeting of the Long Par- liament . . .218 Strength given to Parlia- ment by the presence of the Scottish Army . . 219 Lenthall chosen Speaker . 220 Strafford's forebodings . 220 He sets out for London . 221 Pym's position in the House of Commons . 223 Grievances complained of 224 The attack directed not against the King, but against his Ministers . 226 Supposed Catholic plot . 227 The Queen and the Ca- tholics . . -. 227 Pym's belief in Strafford's guilt . . . 229 He moves for a Committee of Inquiry . . . 230 The Irish Committee . 230 Strafford proposes to im- peach the Parliamentary leaders . . . 231 Strafford's secret betrayed 232 Excitement in the Com- mons A Committee ordered to prepare a charge against Strafford Impeachment of Strafford Order for the liberation of the victims of the Star Chamber . , 236 The alleged Popish Plot . 237 The Scottish negotiation . 238 Attack on the monopolies 238 233 234 2 3S XVI CONTENTS OF PAGE Attempted assassination of a justice of the peace . 239 The preliminary charge against Strafford . . 240 Continuation of the nego- tiations with the Scots . 242 Return of the victims of the Star Chamber . 242 Windebank's flight Ap- plication by the Queen to Rome for money 243 The Dutch alliance . 244 Resolutions against ship money . . 245 Finch's defence . 246 His flight . . 247 The London petition against Episcopacy . . 247 D ebate on the new Canons 248 Impeachment of Laud . 249 State of the revenue . 250 Effect of the proceedings of Parliament upon Charles . . .250 The Queen again applies to Rome . . 251: The Annual Parliament Bill . . .253 State of the Northern army . . . 254 1641 Danger from the Irish army . . . 254 Sir Symonrls D'Ewes ob- jects to the payment of interest . . . 255 Charles refuses to disband the Irish army . . 255 CHAPTER XCVI. THE TRIENNIAL ACT, AND THE ECCLESIASTICAL DKBATKS. 1641 The first audience of the Dutch ambassadors . Progress of the negotia- tions with the Scots . The Queen negotiates with the Parliamentary leaders . . . The Scottish demands . The Dutch marriage treaty The Annual Parliaments Bill converted into a Triennial Bill . . Legal appointments . Position of the Catholics . Reprieve of Goodman . Movement against Epis- copacy and the Prayer- Book . . . The King's warning to the Commons . 267 Dissatisfaction of the Com- mons . - - The articles against Straf- ford . - - The Queen's proposed journey to France . . The Brotherly Absistance for the Scots . - The Queen's message to the Commons . . The Queen's overtures to Bedtord and Pym . 273 257 258 259 260 262 262 263 264 265 265 269 269 271 272 272 The attack on Episcopacy and the Liturgy . . 274 Hall's Humble Remon- strance . . . 274 Hyde, Falkland, and Digby . . . 275 The debates on the eccle- siastical petitions . 276 Speeches of Digby and Falkland . . . 277 Fiennes'b reply . . 279 The beginning of Parlia- mentary parties . .281 Episcopalians and anti- Episcopnlians . . 282 Pym 1 s position . . aj The adjourned debate . 285 A compromise accepted . 287 Charles gains a respite . 287 The conclusion of the Dutch marriage treaty . 288 Erie's report on the Irish army . . . 289 Arrest of Justice Berkeley 289 Passing of the Triennial Act . . . 290 Irritation of the Commons at the delay in bringing Strafford to trial , .291 The new Privy Councillors 292 The Scots in the North . 294 Financial difficulties , . 294 THE NINTH VOLUME. xvn Impeachment of Laud . 296 Interference of the Scots with the English Church 296 The Lords' Committee on ecclesiastical innovations 298 Divergence between the PAGE two Houses on ecclesi- astical matters . . 299 The Scots ask for unity of religion . . . 299 The relations between England and Scotland . 300 CHAPTER XCVII. THE IMPEACHMENT OF THE EARL OF STRAFFORD. 341 Arrangement of Westmin- ster Hall . . 302 Strafford's trial upon Charles . . . 315 Pym opens the case against Percy's conversation with Strafford . . . 303 the King . . 315 Pym's ignorance of Ire- Discussion between Jer- land . . . 304 myn and Percy . .316 Strafford at the bar . . 305 Charles rejects Suckling's Had Strafford committed scheme . . . 317 treason ? . . 306 The plot betrayed by Pym's conception of trea- Goring . . . 317 son . . . 306 Strafford charged with in- Dissatisfaction of the Com- tending to bring in- the mons with the growth of Irish army ' . . 318 a feeling in Strafford's Vane's evidence against favour . . . 307 Strafford . . . 319 Wants of the English army 308 Strafford's reply . . 320 An army petition proposed Favourable impression by Percy and others . 309 produced by it . 322 The Queen disappointed Conflict between the in her hopes of foreign Houses . . . 323 aid . . . 309 The Army Plot persisted in 324 Sir John Suckling's advice 311 Henry Jermyn . . 312 Army Plot of Suckling and Anxiety of the Commons . 325 Further charges against Strafford . . 325 Jermyn . . . 313 Effects of the first week of Strafford's illness . . 326 The inflexible party . 327 CHAPTER XCVII I. THE BILL OF ATTAINDER. 1641 Vane's notes produced . 328 Questions involved in The inflexible party brings in a Bill of Attainder . 329 Pym's charge . . 335 Progress of the Bill of Pyrn regains the leader- ship . . 330 Attainder . . . 335 Offence given to the Lords 337 Stafford's defence . 331 The Bill of Attainder Glyn's reply . . . 332 passes through com- Pym's confession of poli- mittee . . - 337 tical faith . . 333 The third reading of the Charles refuses to dissolve Bill of Attainder . . 33 s the Irish army . . 334 Bristol's policy . . 339 vou ix. a CONTENTS OF PAGE The King's assurances to Strafford . . . 340 ' Stone-dead hath no fellow' . . 341 The Attainder Bill in the House of Lords ,. . 341 Charles obtains money from the Prince of Orange . . . 342 Plan for a violent dissolu- tion of Parliament . . 343 St. John's argument . 344 Charles appeals to the Lords . . . 345 The King's intervention . 346 111 effects of the King's in- terference . - . 347 The Bishops' Exclusion Bill sent up to the Lords Marriage of the Prin- cess Mary . . 347 The pretended levies for Portugal . . . 348 Attempt made to seize the Tower . . 348 Detection of Suckling's plot The tumults at Westminster . . 349 List of Straffordians posted up . . 350 Anxious discussion in the Commons . . 351 Pym proposes an appeal to the nation The Protestation . . Fear of the army . Distracting rumours . Confusion at Court Pym reveals his knowledge of the Army Plot . . Energetic action of the two Houses . Bill against the dissolution of Parliament Escape of the plotters Failure to form a middle in the House of Strafford's letter to the King . . . The Queen prepares to fly The Attainder Bill and the Bill against dissolution before Charles . Panic at Whitehall Charles hesitates to assent to the Bills He gives way . His last appeal to the Peers Strafford hears that he is to die . Strafford's execution . What were Strafford's aims ? Strafford at rest . 352 353 3SS 356 357 357 3S8 359 360 361 361 363 363 364 367 368 369 370 371 CHAPTER XCIX. ECCLESIASTICAL DIVISIONS AND CONSTITUTIONAL REFORMS. 1641 Importance of the Bill against the dissolution of Parliament . . 373 Parliament master of the position . . . 374 The Catholics suspected . 374 Charles proposes to visit Scotland . . 375 Possibility of a breach be- tween Parliament and the Scots . . . 376 Debate in the Commons on ecclesiastical union . 377 Parties shaping themselves 378 The Bishops' Exclusion Bill in the Lords, and the R oot - and - Branch pnrly in the Commons . Feelings of Pym and his .supporters 378 380 The Ropt-and- Branch Bill 382 The Bishops' Exclusion Bill thrown out by the Lords . . . 383 The Queen again applies to Rome for help . 383 Fiennes's report on the Army Plot . . . 384 Riot in the House of Com- mons . . . 385 Digby raised lo the Peerage 386 Projects of Church reform 387 . Charles consults Hyde . 387 The Root-and-Branch Bill in committee . . 388 Smectymnuns Milton's first pamphlet . 390 The Cheshire Remon- strance . . . 393 Milton on I'rubbytcriiuiism jy^ THE NINTH VOLUME. PAGE Lay preaching . . 394 Montrose's policy and schemes. . . 395 Imprisonment of Montrose 397 The second Army Plot . 398 The Tonnage and Pound- age Bill . . . 400 Pym's ten propositions . 401 Partial concessions by the King . . . 402 Charles's last interview with Rossetti . . 403 Rossetti leaves England' . 404 Abolition of the Star Chamber and the High Commission . . 404 Charles declares that he knows of no ill council- lors . . . . 405 The Queen's proposed journey to Spa fort idden 406 The Ropt-and-Branch Bill takes its final shape . 407 Rumoured appointment of officers . . . 408 Advice of Williams . . 409 Charles looks to Scotland for help . . . 410 A Catholic martyr . .411 Essex to command in the South . . . 412 Disagreement between the Houses . . . 413 The King insists on going to Scotland . . 415 Promotion of Bristol and his partisans . . 416 Charles sets out for Scot- land . . 417 Danger of Parliament . 418 HISTORY OF ENGLAND, CHAPTER LXXXVIIL THE FIRST BISHOPS' WAR. WAR was now universally recognised as inevitable. The plan of campaign adopted by Charles was to a great extent the T 6 39 . same as that which had been suggested by Went- March. wort h B Carlisle and Berwick were to be firmly Jrlan 01 ttie * campaign, held, and an army on the Borders was to protect England from invasion. Pennington's ships were to hover about the Firth of Forth, to cut off the petty commerce which enriched Fife and the Lothian s. The great blow, however, was to be struck, not at Leith, but at Aberdeen. Hamilton was to carry a force of 5,000 men to Huntly's support. As soon as he arrived, the two marquises would move southwards together, collecting as they went those scattered bodies of loyalists who were supposed to be burning to throw off the yoke of Covenanting tyranny. 1 From Hamilton's point of view, it was necessary that he should appear at the head of a Scottish party. To land simply in command of an English force was a course reconcileable neither with his feelings nor with his interests. He could not treat Scotland, as Went- worth treated it, as a mere land of rebels. In the midst of Charles's deliberate preparations, the Covenanters suddenly assumed the offensive. The walls of the. 1 JSitntct, 113. VOL. ix. v 2 THE FIRST BISHOPS WAR. CH. LXXXVIIL castles of Edinburgh and Dumbarton were strong, but their The Cove- garrisons had no heart to fight against their country. 2J? SJiSSf men - At Edinburgh the outer gate was burst open S?d n i5un? w ^^ a P etar 4 an( * ^ e wa ^ s were scaled, whilst the barton. soldiers within looked on in stupified amazement The strongest fortress in Scotland was *won without a stroke.' At Dumbarton the Governor was so much at his case that he took some of his men with him to perform their devotions in a church outside the fortifications. He and his companions were seized, and the rest of the garrison capitulated on the following day. 1 Stirling was still in the friendly keeping of the Earl of Mar. At Dalkeith, Traquair had hoped to make a stand. The regalia of Scotland were there, and powder and arms had been March 2 store d U P m the cellars for the use of that Royalist army which was to be raised in the southern coun- taken. ^ es ^ SQOn ^ ^ jr j n g ^^^3 the Borders. Un- luckily for the scheme, the place was not defensible by any means at Traquair's disposal. The Covenanters from Edin- burgh climbed over the walls, and bore off the crown and sceptre with every sign of reverence. 2 Other fortified houses belonging to the loyal nobility were easily reduced to submis- sion, and before the end of March Nithsdale's castle of Caer- laverock was the only defensible position untaken to the south pf the Tay. For Charles the result was no mere military disaster. Nowhere amongst his few followers in the Southern Lowlands had there been found that desperate fidelity which springs from devotion to a great cause cheerfully embraced. The king who in time of danger is unable to awaken enthu- siasm is lost already. Worse news still came from Aberdeen. All through Feb- ruary, Montr ose had been busy, levying men and money in his February, native Forfarshire. Once he dashed northwards as ^epS- se ' s far as Turriff, to rally the gentry of the district, who tions. W ere good Covenanters because they feared Huntly. In March he had sterner work before him. On the i6th 1 Baillie, i. 195, JRushwort?i, ii. 906. 1 639 MONTROSE IN THE NORTH. 3 Huntly received a commission of lieutenancy from the King, ,_ * anc ^ tne next ^ av a l ar e consignment of arms fol- March. 10. , - __ , lowed. He was ordered to take the aggressive. 1 March 17. ^ English forces were as yet ready to support him. Neither Charles nor Hamilton had any notion of the value of time in war, and they seem to have fancied that the Covenanters would be as slow in their preparations as they were themselves. On the 25th Huntly was at Inverury at the head of 5,000 men. The Covenanters, he was told, were in full march to the March a North. Without succour from England, he was no Huntly at" match for the enemy. Amongst the gentry of the inverury. neighbourhood, the Frazers and the Forbeses, the Covenanting army was sure of a welcome. If Huntly had been .a Montrose, he would have struck one stroke for the King in s P* te f tne dds against him. Huntly, however, was not a Montrose. He called a council of war. On his troops. j tg a v j cej h e dismissed his troops, and left Aberdeen to its fate. 2 In the town everything was in confusion. Sixty of the principal citizens, accompanied by the greater number of the Confusion in Doctors, shipped themselves to offer their services to Aberdeen. tne jj n g. Others took refuge in friendly houses in the neighbourhood. On the soth Montrose marched into Aberdeen with Leslie at his side, and 6,000 men at Montrosein his heels. His allies from the country round made Aberdeen. U p 3,000 more. The young commander had a keen eye for the value of a symbol or a flag. He heard that the Gordons had adopted a red ribbon as a mark of loyalty. Montrose's Montrose bade his men sling blue scarfs over their bine badges, shoulders, and tie bunches of blue ribbons on their bonnets. Montrose's whimsies, as they were called, were soon to become famous when the blue bonnets crossed the border. He did not neglect more serious work. Leaving a garrison 1 Gordon, ii. 213. Burnet, 113. 8 Gordon's story that Hamilton sent a direct message to Huntly to dis- miss his 'troops may, I think, be rejected. There may have been orders not to fight till Hamilton arrived. We have no actually contemporary evidence, and must be content with probabilities. B 2 4 THE FIRST BISHOPS* WAR. CH. Lxxxvm. behind him, he pushed on for Inverury, where he quartered his men on the opponents of the Covenant. Meal chests were broken open and cattle slaughtered Houses standing empty were stripped of their contents. The language was enriched with a new verb, c to plunder,' l imported by Leslie and his followers from the German war, as the synonymous verb c to loot' has, in our days, been imported from the plains of Northern India. Despairing of aid from the South, Huntly sought an inter- view with Montrose. On April 5 a compromise was arrived at. A rfl - Huntly was to throw no hindrance in the way of any Pacification of his followers who were pressed to sign the Cove- of the North. of them ^ were unw aii n g to do SO, and especially the numerous Catholics amongst them, were to enter into an engagement to maintain the laws and liberties of Scotland. On these conditions they were to be left without molestation as long as they remained quiet Huntly himself was allowed to return to Strathbogie. 2 As far as the mass of the population was concerned, the compromise thus arrived at was eminently wise. No possible good could have arisen to the national cause from the com- pulsory signature of the Covenant by friend or foe. It does not follow that it was equally wise to leave Huntly and his sons at liberty to form a centre of resistance as soon as pressure was withdrawn. So, at least, thought the Northern Covenanters, whose quarrel was rather with the Gordons than with Epis- copacy. On the plea that without his aid it was impossible to- arrive at a permanent settlement, the Marquis was invited to Aberdeen, under a safe-conduct signed by Montrose and the other leaders, assuring him full liberty to return home as soon as the conference was over. On the i2th Huntly was at Aberdeen. The next day,. 1 Latham's Johnson gives the word on Fuller's authority as having been introduced in 1642. Gordon, however, says of this expedition, < this they called for to plunder them } (ii. 229). It is used in a MS. letter of Sir II. Vane in 1640. 8 Spading, i. 160. Gordon^ ii. 224. The evidence of the latter is worth more than usual here, as his father was engaged in the negotiation. 5639 - HUNTLY^S CAPTURE. 5 Mqntrose's language was that of a man seeking for a pretext to A riiia excuse ^ his own eyes a breach of his plighted Huntiy at word. He began by preferring unexpected demands. Aberdeen. Would Huntiy pay the expenses of the Covenanting April 13. arm y ? Would he se i ze cer tain Highland robbers in the neighbourhood ? Would he give the hand of friendship to his brother's murderer, Crichton of Frendraught? The last request could only be made to be refused. Between Crichton and Huntiy lay the bitter memory of the night when the young Lord Meldrum, coming on an errand of mercy, was decoyed into the Tower of Frendraught, only to be awakened by the roaring flames. Montrose's request was met, as it could not but have been met, with an unhesitating refusal SlSed to " My Cbrd," said Montrose, " seeing we are all now Edinburgh. friendgj ^11 ye go south to Edinburgh with us?" After some further conversation, Huntiy asked a plain ques- tion : Was he to go as a captive, or of his own free will ? " Make your choice," was Montrose's reply. In that case, said Huntiy, he would rather not go as a captive. The form of liberty made little difference to the fact of compulsion. Mon- trose may have been, as has been suggested, overruled by the committee by which he was controlled ; but whether this were the case or not, he had played but a rnean and shabby part. It had been intended that Huntiy should have been ac- companied by his two eldest sons Lord Gordon and Lord Aboyne who alone of his numerous family had reached man's estate. Aboyne asked leave to go home and fetch money for his journey ; and Montrose, ashamed perhaps of his treatment of the family, gave the required permission on promise of a \boyne's quick return. Aboyne, regardless of an engagement escape. made to one whose faith had not been kept, took the opportunity to place himself beyond the reach of pursuit. A rfl ao His father and elder brother were conducted to Huntiy ' Edinburgh. There Huntiy was pressed to take the sig^fSe Covenant. " For my own part," he replied, " I am in covenant. your powerj an( i res olved not to leave that foul title of traitor us an inheritance upon my posterity. .You may take my 6 THE FIRST BISHOPS' WAR. CH. LXXXVIII head from my shoulders, but not my heart from my Sove- reign." i On March 30, the day on which Montrose entered Aber- deen, the King rode into York. 2 Already as he had journeyed March o northwards he had been met by bad news from The King kt Scotland. He would soon learn that Montrose had or ' brought ruin upon his whole plan of operations. The party which Hamilton had promised him in Scotland was inca- pable of affording any serious assistance. Charles must fall back on Wentworth's plan now. If Scotland was to be conquered, it must be conquered by a purely English force, and he already knew that, if it was comparatively easy to raise the troops which he required, it was a task of enormous difficulty to pay them. The first impulse of every Government in financial straits was to apply to the City of London. In February the citizens February, had therefore been asked for a free contribution. Skedfo? After a month's delay it was found that no more than money. 4,8oo/. had been paid, in spite of the personal en- treaty of the Lord Mayor and Aldermen. A fresh and more urgent appeal in March produced a bare 2oo/. in addition. The whole amount was so small that it was contemptuously refused. 3 In spite of this discouraging experience, the demand for a free contribution to be extended to the whole country was March, agreed upon by the Council in the King's presence pinpopu 1 . before he left London. 4 In order to increase the rarity. chance of a favourable response, a proclamation was issued by which a considerable number of the new monopolies were revoked. Several, however, remained in force, and amongst these were some of the most obnoxious. 5 To provide for im- mediate necessities, the Mastership of the Rolls had been put 1 Gordon, ii. 232. Spalding^ i. 168. 2 Coke to Windebank, March 31, S. P. Dom. ccccxv. 78. 8 Common Council Jozinial Book, Feb. 16, March 15, 21, xxxviii. 208 b ; 229, 297. Rossingham's News-Letter, April 2, Add. AfSS. 1 1,045, fol. 9. 4 The Council to the King, April 5, Melbourne MSS. 5 Rush-worth^ iii. 910, 915. 1639 THE GENERAL CONTRIBUTION. 7 up to auction. Sir Charles Csesar bade higher than his com- petitors, and obtained the prize for Mastership On April 9 the request was made to the country of the Roils. at large for the p ayment O f that which, in spite of the April 9. Petition of Right, was a benevolence in *all but the contribution name. The Council itself was doubtful of success. 2 demanded. j t wag ft bad omen fof the success Q f fa e contribu- tion, that ship-money was coming in more slowly than ever. Though only 69,0007. had been required this year, on April 13 the payments had not exceeded i7,ooo/. 3 At the beginning of April, therefore, Charles found himself at York with an insufficient army, and with very little assurance want of t ^ iat h e would be able to find money to pay even money. fa&t army for more than a limited time. As news of the disasters in Scotland dropped in, the cry of treachery was Suspicions of lightly raised. Charles himself imagined that the treachery, hand of Richelieu was to be seen in all that had occurred. Others threw the blame on the Scots themselves. When the capture of Edinburgh Castle was announced, Dorset told Hamilton in full council that he deserved to lose his head as a traitor. Nothing but treason could be accepted as the explanation of Huntly's tame surrender of Aberdeen. Traquair had no sooner set foot in York "than he was placed under arrest for the loss of Dalkeith, though he was set free after a short detention. At the English Court it was impossible to judge fairly of the difficulties of Scottish loyalists abandoned to themselves amidst the waves of a great national movement, it not being the fashion at the English Court to believe that there was any national movement in Scotland at all. Treachery undoubtedly existed \ but it was the treachery of the Scottish gentlemen of the bedchamber, who listened to Charles's un- 1 Garrard to Conway, March 2$, S. P. Dom. ccccxv. 65. Rossing- ham's News-Letter, April 2, Add. MSS. 11,045, fol. 9. 2 Windebank wrote that the Council had represented the doubts enter- tained in it ' considering how ill an operation those J letters ' had which were sent to the City.' Windebank to Coke, April 7, Melbourne MSS. 3 Account of the Treasurers of the Navy, April 13, S. P. Dom. ccccxvii. 90. 8 THE FIRST BISHOPS* WAR. CH. LXXXVIII. guarded talk, and forwarded his secrets to their countrymen across the Border. In this way the Scots received intelligence of every decision almost as soon as it was taken. 1 From Ireland, too, the news was not encouraging. Charles had confidently looked to the Earl of Antrim to land 10,000 A . , men in the Western Highlands in order to over- Antrim s proposed power Argvle. Wentworth called Antrim before him, expedition. - 1 j i_ ^ T j cross-examined him as to his means and intentions, and reported to the King that the Earl had neither 10,000 men wentworth's at n * s disposal, nor tne capacity to guide such a view of the force if it were entrusted to his charge. 2 Wentworth's view of the situation was very much what it had been the year before. He knew, what Charles did not know, that it was impossible to improvise an army. He considered that Charles's officers were as inexperienced as his men. Looking at Arundel and Holland, he found it hard to understand that men were * born great captains and generals.' He did not think that they were likely to become so on a day's warning. The best thing he thought would be for the army to keep the Scots in check on the Borders, attending to its own drill and discipline, whilst the fleet blockaded the Scottish ports. If Berwick and Carlisle were well secured, it might ' keep our blue bonnet to his own peck of oatmeal which they say the lay elder is to provide every soldier of, with a satchel to put it in without tasting of our better fare, lest he -might grow too much in love with it. J Such a plan would doubtless require more money than the King had at his disposal. It could not be, however, that Englishmen would grudge five or six months' service at their own cost. When the winter came it would be necessary ' to think of a constant revenue,' or, in other words, to summon Parliament 3 If only Englishmen had felt towards * Con to Barberim, ~~y 9 , Add. JlfSS. 15,392, fol. 100. Smith lo Pennmgton, April 4. Arundel to Windebank, April 4, S. P. JDow. ccccxvii. 26, 29. Rossingham's News-Letter ; Nov. 23, Add. MSS. 1,105, fol. 14. 2 Wentworth to "Windebank, March 20, Strajford Letters, ii. 300. 3 Bfe had already written : " For Parliament I see not how that can be this summer, it being resolved His Majesty will be at York so early in the 1 639 A* TEMPTATION OFFERED. 9 the Scottish insurgents as Wentworth felt, there could be no question of the wisdom of his advice. Charles was too impatient for immediate success to be guided by such counsels. The news of the surrender of April 4 . Aberdeen reached him on April 4. If it was useless Hamilton to to send Hamilton to Aberdeen, he might be sent f?rth O f e elsewhere. Nothing could eradicate from Charles's Forth. m j n( j the not j on j.]^ if he cou ic[ on ]y pi erce through the hostile crust, he would find a loyal Scottish nation beneath. Hamilton was therefore to betake himself with his three regi- ments to the Firth of Forth, to make one more appeal to the people of Scotland against their leaders. It would be long before Charles could be brought to open his eyes to the fact that he was contending against Scotland itself. On April 7, therefore, a new proclamation was drawn up to enlighten the eyes of the misguided peasants and tradesmen April 7 . of Scotland. In it Charles assured his subjects of T rociama- k* s intention to stand by the promises made in his tion. name at Glasgow. Nineteen of the leaders Argyle, Rothes, Montrose, Leslie, and others were excepted from pardon, though a promise was added that if they Submitted within four-and-twenty hours after the publication of the pro- clamation, their cases should be taken into favourable considera- tion. After that time had elapsed, a price would be set on their heads, to be paid to anyone who put them to death. A free pardon should be granted to all others who had participated in rebellion. More than this, all vassals and tenants of persons in rebellion were to keep their rents in their own hands, one-half to be paid to the King, and the other to be retained by them- selves. All tenants of rebels taking the King's side were to receive a long lease of their lands from the Crown at two-thirds of their present rent. Disloyal tenants of a loyal landlord were to be expelled from their holdings. In one respect, this pro- April 10. clamation was modified before it was finally issued. Modification The Scots about the King remonstrated against the of the pro- . . . , , . clauses offering a reward for assassination, and he spring." Wentworth to Northumberland, Feb. 10, Straffbrd Letters^ ji. 279. io THE FIRST BISHOPS* WAR. CH. LXXXVIII. therefore substituted for them a general threat that all rebels not laying down their arms within eight days would be held to- be traitors, and as such to have forfeited their estates and goods. To Hamilton Charles explained his reason for the alteration. " As for excepting some out of the general pardon," he wrote, "almost everyone now thinks that it would be a means to unite them the faster together, whereas there is no fear but that those who are fit to be excepted will do it themselves by not accepting of pardon, of which number I pray God there be not too many." 1 On the 1 5th Hamilton was at Yarmouth, prepared to take on board his men. He complained bitterly of the rawness of A rfl z the levies provided for him by the magistrates. Of Hamilton's the whole number no more than 200 had ever had a troops. g un j n t j ie j r j ian ^ s> The mus k e t s provided were not of the same calibre. Though the men were strong and well- clothed, it could not be expected that they would be fit to take the field with less than a month's training. 2 At York the impression was gaining ground that the conquest of Scotland was not to be effected by proclamations. The forces in On April 19 tidings came that the Scottish army on the North. t j ie B or( i ers W ould soon be 10,000 strong. Another report declared that Leslie had threatened to meet the King on the Borders to parley with him at the head of 30,000 men. Charles's own forces were now marching in. There had been some disorders on the way. The Essex men had murdered a woman and had plundered houses as they passed. At Boston a pressed man sent his wife with one of his toes in a hand- kerchief as evidence that he could not march. 3 If, however, there was no enthusiasm for the war, neither was there any distinct animosity against the cause for which the war was fought. Even if the ploughmen and carters of which the army 1 Draft Proclamation, April 7, enclosed "by Hay to Windebank, April 15. Proclamation, April 25, S. P. Dom. ccccxvii. 94, i., ccccxviii. 50. The King to Hamilton, April 5, 7, io, Bit met ', 119. 2 Hamilton to the King, April 15, 18, Ham. Papers, 72, 73. 8 Lindsey to Windebank, April 6, 7. Windebank to Read, April 19.. Norgate to Read, April 19, S. P. Dom. ccccxvii. 41, ccccxviii. 78. 1639 THE ENGLISH NOBILITY. n was composed, would far rather have remained at home, the stratum of society from which they came was not stirred very deeply by the Puritan movement. Amongst the trained bands of the northern counties there were even observable some sparks of the old feud with Scotland which had flamed up in many a Border conflict in the olden days. Though the mass of the army was listless and undisciplined, it was not altogether impossible that good officers might, after a time, succeed in inspiring it with something of the military feeling. 1 Charles had, however, taken care to gather round him elements of hostility to his enterprise. Dragged against their Disaffection w ^ to the Borders, and long deprived of the part in of the Eng- the Government which they held to be their due, the English nobles bore no goodwill to a war which, if it were successful, would place them more completely than ever at the feet of their sovereign. If Charles had been quicksighted to perceive that concession in Scotland would bring with it con- cession in England, they were no less quicksighted to perceive that the overthrow of the Scottish Covenanters would draw with it the erection of an absolute monarchy in England. The first A rii 21 test f ^eir f ee ^ n g was a proposal of a military oath The riiiury binding them to fight in the King's cause * to the oath * utmost hazard of their life and fortunes.' They asked whether these words bound them to place their whole property at the King's disposal. The obnoxious words were accordingly changed for c the utmost of my power and hazard Saye and o f m Y life -' To ttlis a11 consented except Saye and Steet k o e take ^ rooke - These two Puritan lords flatly refused to it?* e take even the modified oath, and were committed to the custody of the Lord Mayor of York. 2 Saye and Brooke were subsequently permitted to retire to- 1 I have come to this conclusion after a study of all the contemporary letters to which I have had access. As long as it was believed that the King had 30,000 men with him. on the Borders from the first, his in- activity needed the active disaffection of the army to explain it. Now that it is known that he could put little more than 14,000 into the field, such an explanation is unnecessary. * Rossingham's News-Letter, April 30, S. P. Do?n. ccccxviii. 99. 12 THE FIRST BISHOPS* WAR. CH. LXXXVIII. their homes. The King was not without hope that some legal means of punishing them might be found ; but the law officers -of the Crown advised him that they had not committed a punishable offence. They suggested, however, a means of .meeting the difficulty. It was probable, they thought, that the two lords had arrived at York without proper military equip- ment. In that case a fine might legally be imposed upon them. Charles thought the suggestion a good one ; but, as nothing was done, it is not unlikely that inquiry only served to demon- strate that Saye and Brooke had taken good care to comply with the letter of the law. 1 Though the two lords found no imitators at York, the King soon discovered that the nobility had come rather as spectators Coolness t * iari as actors - Amongst them Arundel stood almost .amongst the alone in urging him to carry on the war with vigour. On the 24th a letter, written on the iQth, was handed to Essex from the Covenanters. They protested that they April 19. cherished no design of invasion. They wanted only SmSwrite to en Jy their liberties in accordance with their own to Essex. laws. 2 Essex handed the letter unopened to the King ; but, as the messenger had brought with him an open copy, its contents were soon known. Arundel said that it was * full of insolence ; J but this was far from being the general opinion. The Knight Marshal, Sir Edmund Verney, thought o inionof ^at ^ was ' ex P re ssed w i tn a great deal of modesty, 7 sir Edmund and Sir Edmund Verney was a typical personage. Attached to the King by long service and ancestral loyalty, he was ready to do whatever duty might require, and to fight, if need be, against the Scots ; but he had no heart in the quarrel, no confidence in the undisciplined mob which his master called an army. Laud's proceedings in England he thoroughly disliked, and he could take no pleasure in a war which had been brought about by very similar proceedings irT Scotland. For him, as for multitudes of his countrymen, the war, in spite of all that Charles might say about its political character, was bellum episcopate a war waged to restore bishops 1 Windebank to the King, May 21, Clar. S. P. ii. 45. 2 The Covenanters to Essex, April 19, S. P. Dom. ccccxviii. 9. 1639 SCOTTISH RESISTANCE. 13: to their misused authority. 1 He had heard a Scotchman say, as he wrote in one of his letters to his son at home, that 6 nothing will satisfy them but the taking away all bishops.' " I dare say,"' he added, "the King will never yield that, so we must be- miserable." ' 2 On May i Charles advanced to Durham. The Scottish Royalist lords, who had fled before the Covenanters, were May r summoned to hear the proclamation read, and were The prock- ordered to return to their estates and to disperse mation sent . , i ,- i -i t into Scot- copies amongst their friends in Scotland. Special landt orders were sent to Sir James Balfour, Lion King- at-Arms, to read it at the Cross at Edinburgh, and to depute heralds to read it publicly in every shire. 3 Charles was not long in discovering that he had reckoned on more obedience its reading tnan ne was likely to find. Not a single Scotchman- refused. would take upon himself the odium of reading such a proclamation. The attempt to put pressure on the Scots by the inter- ruption of their commerce had already been made. Scottish Scottish shipping arriving in England was arrested. Hamilton shipping on his voyage northwards seized so many Scottish vessels as to be unable to man them, and contented himself afterwards with disarming those which he Forth. overtook. 4 On May i he had sailed up the Forth. Leith was now strong enough to resist attack. Every hand 1 Aston's Itcr Boreale (Add. MSS. 28,566, fol. 5 b) puts this strongly r * e The expedition, for aught men could then discover, was likely to he , having the ambition of the bishops to foment the quarrel, being as zealous in their revenge that Episcopacy was rejected in Scotland, as< James and John were that their Lord and Master was not admitted into the village of the Samaritans ; and as if the banishment of bishops out oi Scotland had been equivalent to the rejection of our Saviour, there was- nothing now with them but forthwith to command fire and sword down from heaven and consume them, but 'twas happy they were rebuked with * ye know not what manner of spirit ye are of. 5 " I have to thank Mr. Cartwright, of the Public Record Office, for pointing out to me this nar- rative. 2 Verney to R. Verney, April 25, May 5, Verney Papers, 225, 231. 3 Order in Council, May I, S. P. Dom. ccccxx. i. * Hamilton to the King, April 29, Hani. Papers, 76. 14 THE FIRST BISHOPS* WAR. CH. Lxxxvur. that could be spared had been busily employed in working at Leith ford- ^ e fortifications. Women hurried down from Edin- fied. burgh to carry earth and stones, Hamilton's own mother appeared with a pistol in her hand, and vowed that she would be the first to shoot her son if he landed to attack the followers of the Covenant Nor had he much more chance Popular re- of military success in the open country. The men sistance. o f pif e and the Lothians turned out in overwhelm- ing numbers to defend their homes, and boastfully sent back, .as unnecessary, a reinforcement of twelve hundred men which had been sent to their aid by the Western shires. l Nothing was wanting to raise the zeal of the defenders of their country. Preachers assured them that the cause of national resistance was the cause of God. The women of Scotland spoke with no uncertain voice. Mothers bade their sons go forth and quit themselves well in the quarrel which had been forced upon them. Wives cheerfully surrendered their husbands to the -uncertainties of war ; whilst every youthful volunteer knew Tvell that it would fare ill with him if, after stepping aside from the conflict, he dared to pour his tale of love into the car of a .Scottish maiden. What had Hamilton to oppose to this band of brothers fighting in what they deemed the holiest of causes ? His men were utterly undisciplined, and they had no heart in the cause for which they had been sent to fight. He landed them on the two islets Inchkeith and Inchcolm, and there he -did his best to turn them into soldiers, whilst he attempted to negotiate with the hostile multitudes on shore. 2 Whatever hopes Hamilton brought with him were soon at an end. " Your Majesty's affairs," he wrote on the 7th, " are in a Ma desperate condition. The enraged people here run ' Hamilton's to the height of rebellion, and walk with a blind despair. obedience as by their traitorous leaders they are commanded ; and resolved they are rather to die than to embrace or accept of your proffered grace in your last most .gracious proclamation. You will find it a work of great diffi- 1 Baillie, i. 201. 2 De Vic to Windebank, May 7. Norgate to Read, May 9, 16, S. P* JDom. ccccxx, 77, 121, ccccxxi. 34. i639 A GLOOMY PROSPECT. 15 culty and of vast expense to curb them by force, their power being greater, their combination stronger, than can be Imagined." He himself could do little for a long time to come. If the King was in no better condition, he might * think of some way of packing it up.' The Scots seemed ready c to offer all civil obedience.' If the King was able to 'suppress them in a powerful way,' he would do his part, ' which will only be the stopping of their trade, and burning of such of their towns as ' are ' upon the coast.' Even this he could not promise to do for any length of time, as his pro- visions would soon be exhausted. 1 Before this lugubrious despatch reached him, Charles had been listening to young Aboyne, who had come to offer to Ma g rouse the North if only money and arms were placed Aboyne at his disposal. Charles sent him on to the Forth, roull the directing Hamilton to give him what assistance he North - could in men, but to be careful not to incur any further expense. He calculated that he had money enough to keep on foot his existing force till the end of the summer. More than this he could not do. 2 Others around him were not even so sanguine as this* " Our army," wrote Verney, " consists of two thousand horse May 9 and twelve thousand foot, and that is the most, and verney's more by some reasonable proportion both of horse ^"position, and foot than we shall have with us, or that will come to us, unless Marquis Hamilton's forces come to us. Our men are very raw, our arms of all sorts naught, our victual scarce, and provision for horses worse ; and now you may judge what case we are in, and all for want of money to help us till we may be better men, or to bring more men to us. I will write to you again as soon as I hear what the Scots will do in obedience to the proclamation, which certainly will come to nothing." 3 The proclamation indeed had already come to nothing, but only the vaguest possible rumours of the state of the 1 Hamilton to the King, May 7, Ham. Papers, 78. * The King to Hamilton, May 1 3, JBumet t 1 36. 3 Verney to R. Verney, May 6, Verney Papers, 232. 16 THE FIRST BISHOPS' WAR. CH. LXXXVIIU country across the Borders reached the King's ear. Some- Rumours *^ ^^ ^ Scotch were armed to the teeth. Others from Scot, declared that their leaders had failed to raise the land " necessary supplies for the maintenance of an army. " Though many come from those parts," wrote Coke to his brother-secretary, " yet we find so much variety amongst their- reports that we know not whom to credit, or what to expect/ 3 1 Already, therefore, Charles was hesitating between nego- tiation and war. On May 14 he signed a fresh proclamation in startling contrast with the one which had threat- is^eof a* ene< ^ death an< ^ confiscation a month before. 2 He second?- now assured his Scottish subjects that he would clamatioru not think of invading Scotland if only civil and tem- poral obedience were secured to him. They must, however, abstain in their turn from invading England ; and, to give him assurance of this, they must not approach within ten miles of the Border. If this condition were violated, his general would proceed against them as open traitors. 3 It was Charles's habit to couch his demands in general terms, the intention of which was seldom defined even in his- its intention o wn mind. The requirement of civil and temporal uncertain. obedience was perfectly compatible with a re-asser- tion of all the demands which his Commissioner had made at Glasgow. But it was also compatible with much less ; and on the very day on which this proclamation was drawn Hamilton's __ J .. J . . L , , . . . . . proposed up, Hamilton was writing a despatch in which he- surren ei. ur g e hj s ma ster to content himself with very much less. If the Scots would lay down their arms, surrender the King's castles, express repentance for their faults, and promise to respect his Majesty's civil authority, they might 1 then be allowed to express their objections to Episcopacy in Parlia- ment, when these objections, as well as those which had been produced at the Glasgow Assembly, might, ' as their desire shall seem just or unjust, receive a ratification or denial.' 4 1 Windebank to Windebank, May 8. Coke to Windebank, May 9,, .$*. f. Dom. ccccxx. 106, 120. 2 See page 9. a Proclamation, May 14, Peterkin's Records, 220. 4 Hamilton to the King, May 14, Ham. Papers, 80. JBwnet, 131. 1 639 NEGOTIATION OR WAR? 17 Such a concession cost Hamilton nothing. He was quite as ready to put himself forward, in 1639, as the vindicator of the Royal authority by taking the initiative in throwing over modified Episcopacy, as he had* been to throw over absolute Episcopacy in 1638. It is quite possible, too, that he had taken care again to sound the Covenanting leaders as to their acceptance of a scheme which he now regarded as the only chance of restoring the kingly authority in any shape what- ever. By such a course he might gain friends on both sides, as he had attempted to do in the previous year. Such, at least, in the absence of positive evidence, is a probable ex- planation of the rumours of the time that he was playing a double part. For the present, Charles evaded an absolute decision. He instructed Hamilton to go on with the negotiation on the basis which he had laid down, and to abstain from any Charles's 7 " immediate attack, unless a Scotch army should reply. march to the Borders in such strength as to make it absolutely necessary that a diversion should be created. He did not say, and in all probability he did not know, whether he meant Hamilton's negotiation to be carried on seriously, or merely with the object of gaining time till his own preparations were ready. 1 How inadequate those preparations were, he was himself now painfully conscious. In spite of his acknowledgment that . he had not money to keep on foot additional troops, Reinforce- J c r * ments he wrote to order the levy of a reinforcement con- sisting of 4,000 foot and 300 horse. All his hope of supporting them when they arrived lay in the prospect of a favourable response to his demand for a general contribution for the war, and as yet no signs had appeared that such a re- sponse would be given. Fictions, however, cost nothing, and Windebank was directed to terrify the Scots by spreading rumours that this levy of 4,300 would consist of no less than 14,000 men. 2 1 The King to Hamilton, May 17. Note by the King, May 16, Jffurnet, 131. 2 The King to Windebank, May 17, C/ar. S. P. ii. 42. VOL. IX. C 1 8 THE FIRST BISHOPS* WAR. CH. LXXXVIII. The quality of Charles's army was not such as to make amends for the deficiency of its numbers. " If the Coven- stateofthe anters meant foul play," wrote an official attached to army. the Court, " they might make foul work ; for our people are not together, and are most unready and undis- ciplined, as everyone says here. The Scotch bishops are as detested here as by their own, who have expelled both their persons and order. The tales they told at London, that the Scots would disband and run away at our approach in the North, are every day disproved more than other, for they are 40,000 strong at least, and may go where they please, and do what they list. I think that no man, who loves the honour of his prince and safety of his country, but must be sensible of the loss and danger of both by this fatal business, wherein all men are losers, but the King most" l In spite of these alarms, Charles announced his intention of advancing in person to Berwick. Bristol, who had retained in his old age that habit of looking facts in . the face which in earlier life had ruined his prospects at Court, said plainly that it would be folly to trust the Berwick. p ersO n of the King so near the enemy with a dis- persed and undisciplined army, The military leaders con- curred with Bristol ; but there are moments when there is no choice between rashness and irremediable disaster, and Charles, who, irresolute as he was in the face of the necessity of decision, was no coward to abandon the post of danger, firmly persisted in his resolution. 2 Whether necessary or not, the resolution was hazardous in the extreme. If Leslie had not around him the 40,000 men Risk in- with which he was credited at Newcastle, he had at curred - least at his command a well-appointed force of half Hamilton that number, against which Charles could at this be d re r ad ^o ^ me t> rm g no mor ^ tnan at ^ ie utmost iS,ooo men. return. go gloomy did the situation appear, that on the 22nd Charles wrote to Hamilton to be ready at a moment's notice 1 Norgate to Read, May 16, S. P. Dom. ccccxxi. 34. 2 Mildmay to Windebank, May 24, S. P. Dom, ccccxxi. 169. i639 HAMILTON URGES CONCESSION. 19 to bring back his forces from the Firth to join the army on the Borders. 1 Before these orders reached him, Hamilton had penned .another despatch even more despondent than the last. He May 21. h a( l been engaged in conferences with the Cove- Hamiiton's nanting leaders, and had taken upon himself to conference & 3 . r with the explain the meaning of the civil obedience required Covenanters. , , T,-. , , , - T -r- %*- by the King s latest proclamation. His Majesty, he said, was not bound to relinquish his negative on the acts of An ecclesiastical assembly, but he was l confident, that what- soever should be agreed on by such an assembly, called by his Majesty's command, and when the members should be legally chosen, 2 his Majesty would not only consent unto them, but have them ratified in Parliament.' 3 Hamilton's letter to the King is so involved as to give rise to the suspicion that he wanted to* frighten Charles into the His letter to acceptance of these terms. The Scots, he said, the King. would admit of no peace * unless it be the ratifica- tion of their mad acts made in the late pretended General Assembly.' They were resolved to force a battle. The best thing would therefore be for him to send two out of his three regiments to reinforce the Royal army, keeping only one to burn villages on the Firth. Above all things, the King should avoid an encounter. If he kept quiet, the rebels could not keep their forces long together. On the other hand, they might pass round his army and cut him off from his base of -supplies at Newcastle. If his Majesty were c well strengthened with foot,' this might be hindered. " They find," he went on to write, " they are not able to subsist, and therefore take this ^desperate course ; for already they are pinched by stop of 1 The King to Hamilton, May 22, Burnet, 133. 3 This hints at the abolition of the lay elders as electors. 3 Account of the conference by De Vic, Bin-net ', 133. The paper is -not dated ; but there is mention of conferences in a letter of May 24 (S. P. Dom. ccccxxi. 1 76) ; and it is about this time that Burnet places it. The .conference cannot have taken place after Hamilton received orders, on the .22nd, to be ready to return, as he states that he will be found where he is "* a month hence.' C 2 20 THE FIRST BISHOPS 1 WAR. en. LXXXVIII trade, and see in fine they must be miserable. Now, hoping in the weakness of your Majesty's army, they intend to venture that which shortly, themselves acknowledge, they must lose, and, for aught I can learn, will either make themselves a com- monwealth or a conquered kingdom." Hamilton at least did not wish to see Scotland either a commonwealth or a conquered kingdom. At the moment he would certainly have preferred to appear as the champion of monarchical government in the State and of presbyterian government in the Church, an arrangement which would at least have the advantage of securing to him both his Scottish estates and the Royal favour. If this interpretation be the right one, his concluding paragraph can only be regarded as an awkward attempt to appear as if he shared his master's pro- bable indignation. He was quite ready, he said, to begin hostilities as soon as he was ordered to do so. He had no- hope of any treaty now, and had only engaged in one at all in order to amuse the Scots. 1 One suggestion at least in this letter took immediate effect. On the 23rd orders were sent to Hamilton to send the two- regiments, numbering 3,000 men, to Holy Island. TwlTegt' These instructions were at once executed, and on Stun!* tlie 28th the 1Tm ch-needed reinforcement arrived off the coast of Northumberland. 2 Hamilton himself ays8 ' remained to seize Scottish merchantmen, and to threaten more damage than he was able to do. On the day after the order to send the regiments had been* despatched, news reached Newcastle 3 which must have made May 14 , the Kin wish that he had lar g er forces to leave in- The Trot' Hamilton's hands. In the North, Huntly's friends- had risen against their Covenanting neighbours, had 1 fallen upon a body of them at Turriff on the i4th, and had driven them out of the place. The Trot of Tux-riff, as this, first skirmish of the long Civil War was called, inspirited the 1 Hamilton to the King, May 21, Ham. Papers, 83. 2 Note by the King, May 23, Burnet, 133. De Vic to Windcbanlc,. May 26, S. P. Dom. ccccxxii. 28, 62. 8 Milclmay to Windebank, May 24, ibid, ccccxxi. 169. 1639 THE CONFLICT IN THE NORTH. 21 victors to follow up their advantage, and the Gordons pushed on to occupy Aberdeen, where they lived at free quarters on the few partisans of the Covenant in the place. Their triumph Ma , x- did not last long. On the 24th they were driven The Gordons out by the Earl Marischal. On the 25th Montrose at Aberdeen. was b ac k a g a i n w jth a strong force to occupy the May 25 . town. Acts of pillage were committed by the Montrose , ., . i -n yr /- T occupies the soldiery ; but Montrose refused to give up to a an d money to pay an equal number of Scots, something might be done. He himself, as the King well knew, had neither the men nor the May 31. money. Two days later Hamilton had heard of the Sk^foran ^^S m tne North. He sent off Aboyne without a^y- delay, and he asked the King to despatch the force which he had mentioned in his last letter. Of this force he wished to take the command in person. With ten or twelve thousand pounds he could do much. 1 Charles would have been sorely puzzled to spare such a sum from his meagre resources. Yet, difficult as his position was, MaT2 he was not despondent His -last proclamation The Scottish had received an answer which can hardly have been to his mind. The Scots declared themselves quite rea( }y to ^ ee p t h e prescribed distance of ten miles from the Borders, if he would on his part withdraw his army and his fleet. 2 Leslie in the meanwhile had taken up his post at 1 Hamilton to the King, May 29, 31, Ham. Papers, 89, 90. 2 The Scottish Nobility to Holland, May 25, Peterkin's Records^ 222. 22 THE FIRST BISHOPS* WAR. CH. LXXXVIII. Dunglas, between Berwick and Dunbar, ready for peace or negotiation. For negotiation as between equal and equal, Charles was- not yet prepared. As he rode into Berwick on the 28th he witness the landing of Hamilton's men, 1 and Ma 28 Charles at he felt himself safer than before. On the 3oth he- Berwick. ^ ggj^yj^ f or t ] ie Birks, a piece of ground on May 3 o. Tweedside, about three miles above the town, and The King in took up his quarters under canvas in the midst of his- camp ' soldiers. Once at the head of his men, he fretted at the tame submission which so many of his counsellors recom- mended. All that day he was on horseback, riding about to view the quarters of the men. Raw and untrained as they were, these hasty levies warmed with the prospect of a combat " One thing," wrote an onlooker, " I must not conceal, which I care 'not if all Europe knew, that no nation in the world can show greater courage and bravery of spirit than our soldiers, do, even the meanest of them, in hope of fight, which they ex- tremely desire ; upon the first intimation of the Scots' approach,, an/Kheir dislodging and new camp upon the face of the enemy * Borough to Windebank, May 28, S. P. Dom. ccccxxii. 63. 1639 THE MARCH TO DUNSE. 23 they cast up their caps with caprioles, shouts, and signs of joy, and inarched by force in the morning to their new station with fury." ! At the head of such men Charles might well believe that in time everything would still be possible. In the immediate present very little indeed was possible. He could not send his enthusiastic but undisciplined levies to storm Leslie's camp at Dunglas. He would therefore make one more effort to win over the Scottish peasants in his vicinity by those tempting offers of a diminution of rent which had been embodied in the proclamation issued in April, 2 and which, as he believed, needed only to be heard to be accepted with joy. As an Edinburgh preacher expressed it, he was eager to address the humble Scottish Covenanter in the words of the Satanic temptation : "All these things will I give thee, if thou wilt fall down and worship me." 3 Charles determined that the first experiment should be made at Dunse. No lesser personages than Arundel and May 3 i, Holland, the commander of the whole army and the General of the Horse,' were to be the bearers of the King's gracious declaration to the peasant, and of his fierce denunciation of the landlord. When Arundel rode into Dunse in the early morning, not a man was to be seen. The women came out into the street, threw themselves on their knees, as their grandmothers had doubtless done to the leaders of many a Border foray, cursing Leslie and beseeching the English general for God's sake not to burn their houses, kill their children, nor bring in popery, as Leslie had told them the King meant to do. } Arundel spoke them fairly, assuring them of his protection, and ordering that the proclamation should be read in their hearing. When the cere- mony was over, a few men stole out of their hiding-places, and a market was soon established. Arundel did his best to create a good impression in the country by directing his men to pay for everything that they took, and the Scotchmen took good 1 Norgate to Windebank, May 28, S. P. Dom. ccccxxii. 62. a gee page 9. 3 heivs-Lcttcr^ May 24, ibid, ccccxxi. 177. 24 THE .FIRST BISHOPS' WAR. CH..LXXXVIIL care to ask exorbitant prices for the stock of milk and oaten cakes which was all that they possessed. Of such services Charles's army was not incapable. But it had no confidence in its leaders, no habitual restraint under the Want of ru l es f military life. The men fired off their guns at discipline, randomin the camp. Officers complained of bullets perforating the canvas of their tents. Even the King's pavilion Junes was P* erce d by a shot. For all this, Charles was The King strangely confident. He refused, indeed, Hamilton's fakfthe to request for men for a great expedition to the North, aggressive, j^ k e refused it on the ground that he was himself on the point of assuming the aggressive. Not a few of the Lords beyond the Border had already been gained over to his side, and it would be a shame to be idle. " Wherefore now," he ended, " I set you loose to do what mischief you can do upon the rebels for my service with those men you have, for you cannot have one man from hence." l The numbers of Charles's army had lately been considerably increased. With the new reinforcements and with regiments Numbers of returned from the Firth, he could now reckon upon the army. !8 jOOO f oot an( } 3?ooo horse. 2 But the very im- provement in one respect brought with it a fresh danger in another. The larger the army grew, the more difficult it was Financial to maintain it. Before the end of May the Lord difficulty. Treasurer and the Chancellor of the Exchequer had lost all hope. The revenue, they declared, was completely exhausted. Cottington averred that even before the King left London he had in vain ' searched every corner from whence any probability of money could be procured. 7 The only 1 Borough lo Windebank, June 3, 7 ; Wmdebank to Windebank, June 3 j Norgate to Read, June 3, S. P. Dom. ccccxxiii. 12, 13, 16. The King to Hamilton, June 2, Bwnct t 138. * The account given by Rushwortk (iii. 926) is, after deducting the Carlisle garrison of 1,300 men, in exact figures 18,314 foot and 3,260 horse. It is shown by comparison with the account of the Treasurer of the Army (see note at p. 385 of Vol. VIII.) to belong to the first days of June. Some of the forces mentioned are not borne on the Treasurer's accounts, and were probably paid from special funds in Charles's hands. FINANCIAL DISTRESS.. 25 chance of finding pay for the army lay in that general contribu- tion which had been demanded in April. The Council had long ceased to be sanguine of a favourable reply. " Hitherto," wrote Windebank, " we have very cold answers, which, though they be not direct refusals, are almost as ill ; for they bring us no relief nor no hope of it: Some petty sums, and those very few, have been offered. So that my lords begin to apprehend this will be of little consideration, and to use compulsory means in these distempered times my lords are very tender, and appre- hend it may be of dangerous consequence." 1 It was hard to say what answer could be made to this. By leaving just claims unpaid, and by anticipating the revenue to the extent of about 1 5o,ooo/., the army had hitherto been kept on foot, though its expenditure after the late reinforcements might be approximately reckoned at the rate of 750,000^ a year. As to the general contribution of which Windebank spoke so despondingly, it was found at the end of July, when money ceased to come in, to have amounted in all to 50,000/1 Of The general this i5,ooo/. were produced by the sale of the Mas- contnbution. ters hip o f t h e Rolls to Sir Charles Caesar. 2 Of the remaining 35,oooZ., 2,2oo/. came from a nobleman too sickly .to follow the King in person, and 24,39S/. were P a ^ by ^ e clergy, the class of all others most deeply interested in the King^s success, and most amenable to pressure from above. The whole amount contributed by the laity of England barely exceeded 8,4oo/., and the greater part even of this was provided .by judges and other legal officials, who were almost as amenable to pressure as the clergy. The unofficial contributions certainly did not exceed 3,ooo/., if indeed they reached anything like .that sum. 3 One source of supply, indeed, was still open. The Queen 1 Windebank to the King, May 24, Clar. S. P. ii. 46. 2 I have no absolute evidence of this ; but I find that Uvedale, the Treasurer of the Army, paid into the exchequer a sum of i5,2O7/. Js. on March 30. Two days after we learn from Garrard of Caesar's payment. Unless there had been something to conceal, Uvedale would have kept this .money in his own hands, and it does not appear how it reached him. 3 Breviates oftJie. Receipt. 26 THE FIRST BISHOPS^ WAR. CH. LXXXVIII.. had urged the Catholics to testify their gratitude by a donation. The Catholic to ^ King in his time of need. She did not find, contribution. tnem j n a liberal mood. They counted the reduced fines which they were still forced to pay, as so much injustice,, and they had some suspicion that the Puritans might after all get the upper hand. Walter Montague, too, who was employed as the Queen's agent in the matter, was not much more popu- lar with the old Catholic families than hot-headed converts, usually are with those whose religion is inherited from their ancestors. Yet a demand made by the Queen was hardly to be rejected, and, after a long discussion, the Catholics agreed to present the King with io 5 ooo/. at Midsummer, and a similar sum at Michaelmas. 1 Such a sum would not support the army much Pro osed m ore than a week. Another plan of the Queen's did ladies; con- no t achieve even this amount of success. She pro-. tnbution. ,, , ... -_ ., ., - 1 posed that the ladies of England should combine to present the King with a substantial token of their regard. 2 Either the ladies took no great interest in the Royal cause, or their purses were too much under the control of their hus- bands to open readily. No money reached the King from this. quarter. June 4. In this stress the King wrote to his Council in Applied to Condon to send him to,ooo/. at once, and to require- for a loan, the Lord Mayor and Aldermen to provide a loan,, as a matter in which his Majesty would take no denial. 3 1 Con's letters are full of this affair. Compare Rushworth, ii. 820. The letter printed at p. 821, as a letter from the Pope to his Nuncio, is an evident forgery, as it states that the Catholics had been offering men for the Northern expedition, which is untrue. Rossetti, writing on -^"j 22> 1641 (R* 0. Transcripts), says that a forged letter, said to be brought by him to Toby Matthew, was printed about this time, and I suspect that this is the one. 2 Rossingham's News-Letters, Add. MSS. 11,045, fl- 9- * Windebank to the King, June 8. The King's letter is not preserved, but it seems to have reached London on the 6th, and so to have been written on the and. According to Salvetti, orders were given to levy ten or twelve thousand men (Salvetti's News-Letter, June ^) ; but this is- 1 639 THE MARCH TO KELSO. 27- Charles's power of making use of the army which he found June 2. ^ so difficult to maintain was soon to be brought to the test. On the 3rd news came into the camp. The Scots at that a considerable Scottish force had established Kelso ' itself at Kelso an indication that the Scots con- sidered themselves released by Arundel's raid upon Dunse from any obligation to keep within the limit of ten miles from the Border which had been imposed upon them by the King. Orders were therefore given to Holland to take with him 3,000 foot and 300 horse to drive them out. The day was hot and dusty, and the infantry straggled along weary and footsore. Yet their officers believed that, in- , experienced as they were, they would have acquitted marchV themselves well if they had come to blows. 1 That Kelso. a y no opportunity was given them to display their courage. Riding hastily forward at the head of his horse,. Holland found himself face to face with a Scottish force ad- vancing to meet him. His men perhaps exaggerated the numbers of the enemy as six, eight, or even ten thousand, and it was averred by some that an additional force of 3,000 High- landers was lying in ambush armed with bows and arrows.- doubtless only the echo of the false rumour which 'VYindebank was to give- out. See p. 17. 1 Dymock to Windebank, July 5, S. P. Dom. ccccxxv. 21. a Account of the Campaign, Bodl. Lib. Racwlinson MSS* B 210, Aston, who after the cessation of hostilities visited Leslie's camp on Dunse Law, was startled by the look of the Highlanders there, * whose fantastic habit caused much gazing by such as have not seen them heretofore. They were all, or most part of them, well- timbered men, tall and active, ap- parelled in blue woollen waistcoats and blue bonnets, a pair of bases of plaid and stockings of the same, and a pair of pumps on their feet, a mantle of plaid cast over the left shoulder and under the right arme, a pocket before for the knapsack, and a pair of dirks on either side the pocket. They are left to their own election for their weapons. Some carry only a sword and targe, others muskets, and the greater part, bow and arrow, with a quiver to hold about six shafts, made of the mane of a goat or colt, with the hair hanging on, and fastened by some belt or such- like so as it appears almost a tail to them. These were about 1,000, and had bagpipes for the most part for their warlike instruments. The Lord 28 THE FIRST BISHOPS* WAR. CH. LXXXVIIL Holland at first proposed to fall back on the infantry, and to make the attack with both arms. But he soon discovered that he was far outnumbered, and preferred to send a trumpeter to the Scots to ask them what they were doing within the ten miles' limit. The Scots asked him scornfully in return, what he Hollands was doing in their country. He had better be gone, retreat. or they would teach him the way. There was nothing for it but to retreat to the camp beyond the Tweed. 1 Holland was but a carpet knight, and contemporaries and posterity have combined in jeering him on his failure. Yet it may be doubted whether the most practised soldier would have .acted otherwise. He was entrusted with a reconnaissance in force, and finding the enemy too strong to be pru- june 3 . ent iy attacked, he brought his men back in safety. 2 In any ordinary army such a proceeding would be taken as a matter of course. Charles's was not an ordinary army. It had nothing but its reputation to subsist on, and its reputation was not enough to endure even an apparent check. In fact, it was not merely the retreat which spread alarm in the camp. Men began to ask one another how it was that the -Scots had been prepared to meet Holland's movements. A suspicion arose, which was probably justified by fact, that every Buchanan was their leader. Their ensigns had strange devices and strange words, in a language unknown to me, whether their own or not I know not." Add. MSS. 28,566, fol. 23 b. In the edition of Narcs' Glossary by Halliwell and Wright, ' bases ' is explained as ' a kind of embroidered mantle which hung down from the middle to about the knees or lower, worn by knights on horseback.' This is practically a kilt, and if this interpretation is correct, the question of the late introduction of the kilt in the eighteenth century is settled in the negative. The use of the expression * fantastic habit ' points in the same direction. 1 Coke to Windebank, June 4 ; Mildroay to Windebank, June 4 ; Norgate to Read, June 5 ; Weckerlin to Conway, June 6, S. 1\ Dom. -ccccxxiii. 21, 22, 29, 49. 2 Aston attributes the retreat to the military officers under Holland. * t The Lieutenant-General Goring, " he says, ( ' and Commissary Wilmot persuaded my Lord Holland to retreat, which considerations and the King's command by letters to that purpose caused them to retire. " Add* MSS. 28,566, fol. 22 b. 1639 DESPONDENCY IN THE CAMP, 29 movement of the English army was known to Leslie, whilst the June 4. manoeuvres of the Scottish army were covered by 2y l the a wal1 of impenetrable darkness. "The truth is,"" camp. wrote Verney to his son, "we are betrayed in all our intelligence, and the King is still made to believe in a party that will come to him ; but I am confident he is mightily abused in it, for they are a people strangely united. ... I think the King dares not stir out of his trenches. What coun- sels he will take, or what he will do, I cannot divine ; but if" this army be lost that we have here, I believe the Scots may make their own conditions with England, and therefore I could wish that all my friends would arm themselves as soon as they could. We want money to exercise our army, and the strength we have here will only defend ourselves. I do not conceive it of force to do any harm to them, so we daily spend our money and our honour together.' l The day which witnessed Holland's retreat brought still more alarming tidings. Leslie, it was said, had broken up his- Lesiie breaks cam P at Dunglas, and was in full march to the up his camp. Border. In hot haste a messenger was despatched to Hamilton, bidding him to desist from all warlike opera- tions, and to come in person to Berwick to advise the King,. His Majesty, he was told, was now resolved to keep on the defensive. 2 The resolution thus taken was not altogether voluntary. Before leaving him at Whitehall, Hamilton had warned Charles Reluctance that Englishmen would not fight in this quarrel, and n2 h n e oHSfy Charles now ruefully acknowledged that the predic- to fight. t i on h a( j[ proved true. 3 Above all, the English nobility had no wish to prolong the war. Even those who had no- sympathy with Puritanism were deeply aggrieved by their systematic exclusion from all posts of influence, and they had no desire to aid the King to a triumph which would make the prospect of a Parliament more distant than ever. Others again were loth to strike a blow against the opponents of Episcopacy 1 Sir E. Verney to R. Vernsy, June 4, Vermy Papers, 243. - Vane to Hamilton, June 4 (misprinted July), JBunief, 139^ s Bumet, 140. 30 THE FIRST BISHOPS*' irAR. CH. LXXXVIIL in Scotland, whilst bishops in England were exercising powers state of the so unwonted and so harsh. The common soldiers, soldiers. toOj w hen once the excitement of impending combat was removed, sank into listless dissatisfaction. Their condition .at the Birks was not one of comfort. They were left all night to lie on the bare ground, with such shelter from the wind as they, could make by throwing up walls of turf, and laying branches of furze across them. Not a tree was to be found for many miles to offer timber for the construction of huts. The Tweed, where they were, was too salt to drink, and beer was sold at $d. the quart a price equivalent to at least a shilling now. The smallpox broke out amongst these ill-cared-for troops, and carried off its victims. The deserters were numerous. 'The chief employment of those who remained was the chase -after the vermin by which their persons were infested, and which were known as Covenanters in the rude language of the camp. On June 5, when the discouragement caused by Holland's failure was at its height, Leslie appeared on the scene. The army from Dunglas, some 12,000 strong, tramped into Dunse, the little town where Arundel had read ^ j n g> s proclamation to the women less than .a, week before. Leslie at once took up his position on Dunse Law, an isolated hill which rose just in sight of the King's camp, eleven or twelve miles distant. Charles received the intelligence with his usual imperturbability. Stepping in front of his tent he examined through a telescope the tents which were already rising on the hill. " Come, let us go to -.supper," he said at last ; "the number is not considerable." * Counting the troops at Kelso and the neighbouring villages, The Scottish Leslie had an army of 20,000 men upon the Borders. .army. j n mer e numbers the King's forces had a slight supe- riority, but the Scots made up in the quality of their men 1 Account of the campaign, Bodl. Lib. Raivlinson MSS. 1^2io. Weck- -erlin to Con way, June 6, S. P. Dom. ccccxxiii. 49. " I know not," wrote Aston, "how well the King was satisfied, but he was as inquisitive and curious as might be, and came to the bulwark with his perspective, and there stood viewing and counting the tents a long while." Add. MSS. -28,566, fol. 21. 1639 THE SCOTS ON DUNSE LAW. 31 for the numerical deficiency. There was no lack in their camp either of money or provisions. The taxation levied by the Tables had been on the whole cheerfully paid, and the rents of those who refused to take the Covenant had been seized for the use of the defenders of the country. The voluntary contributions of the citizens of Edinburgh did the rest. The c stout young ploughmen ' who had come forth to fight round the banners which bore the rallying cry, "For Christ's Crown and Covenant," were well pleased to satisfy their hunger on the wheaten bread and the legs of lamb which * was a dainty world to the most of them.' Not everything, indeed, in this Covenanting army was to the mind of the pious ministers who had left their parishes to fan the flame of zeal Discipline of amongst the soldiers. In that army were to be the army, heard the singing of psalms and the fervent accents 'Of prayer; but there was also to be heard the sound of * swearing and cursing and brawling. 3 1 If piety was not every- where to be found in Leslie's camp, there was at least military discipline. The Scottish nobility set an excellent example of subordination. Englishmen who carried messages from Hamilton's fleet to the Covenanting leaders remarked 'with sur- prise that highborn nobles sat uncovered in the presence of the -dwarfish and deformed man whom they had chosen to be their master in the art of war. 2 Baillie, who had come to act Baiiiie's as chapki 11 to tne nost was unable to restrain his ad- miration. " Our soldiers," he wrote, " grow in ex- of the army. . . . , . penence of arms, in courage, m favour, daily ; every one encouraged another, the sight of the nobles and their beloved pastors daily raised their hearts, the good sermons and prayers, morning and even, under the roof of heaven, to which their drums did call them for bells \ the remonstrances, very frequent, of the goodness of their cause, of their conduct hitherto by a hand clearly Divine ; also Leslie's skill and fortune, made them all so resolute for battle as could be wished. We were feared that emulation among our nobles might have done harm when they should be met in the fields ; 1 Baillie, i. 212. 2 De Vic to Windebank, May 23, S. P. Dim. ccccxxii. 28. 32 THE FIRST BISHOPS 3 WAR. CH. LXXXVIIU but such was the wisdom and authority of that old, little,, crooked soldier, that all, with an incredible submission from the beginning to the end, gave over themselves to be guided by him as if he had been great Solyman. Certainly, the obe- dience of our nobles to that man's advices was as great as- their forbears wont to be to their King's commands ; yet that was the man's understanding of our Scots' humour, that gave out, not only to the nobles, but to very mean gentlemen, his. directions in a very homely and simple form, as if they had been but the advices of their neighbour and companion \ for, as he rightly observed, a difference would be used in com- manding soldiers of fortune, and of soldiers volunteers, of which the most part of our camp did stand." l 1 Baillie, i. 213. 33 CHAPTER LXXXIX. THE TREATY OF BERWICK. SOME days before the appearance of the Scottish army on Dunse Law a letter had arrived from Wentworth, entreating that the attack upon Scotland might be postponed for a year, when the English preparations would be more complete. " Fight not," the Lord Deputy had written, " with an imperfectly disciplined and knowing attack. army." 1 Yet Charles, who knew better than Went- worth how impossible it was to keep his army together even through the summer, must have smiled bitterly as he read the well-meant advice. He bad, indeed, one hope still tocometo before him. He had asked Wentworth to send Scotland. Ij000 men Qut Q f own small Irish army, which now numbered only 3,000 in all, 1 Wentworth to Vane, May 21, Melbourne MSS. It would be interest- ing to know whether there is any foundation for the charge against the Cove- nanters made in this letter : ' ' The insolence of those Covenanters," wrote Wentworth, **is beyond all modesty or bounds, and, it seems, pride them- selves in the justice of their cause and strength of their party. May they be as much mistaken in this latter as I trust they either are or will be as they are in the former, and they may truly be pronounced the most miserable lost people that ever were in the Christian world. Their admitting of Popish lords into their party will show what their religion is, perchance, to the holy brotherhood in England, and if that for their hypocritical winking and wringing [?] at their prayers, God have not struck them stone blind let them see that this is not a war of piety for Christ's sake, but a war of liberty for their own unbridled inordinate lusts and ambitions, such as threw Lucifer forth of heaven, and may, without their repentance, bring these to shake hands with those gainsaying spirits below." VOL. ix. r> 34 THE TREATY OF BERWICK. CH. LXXXIX. together with any troops which Antrim might be able to raise. In this way Charles hoped to place Leslie between two fires. Wentworth's reply, directed to Vane, dashed the cup from Charles's lips. "I confess," wrote the Lord Deputy, "my May 3 o. desire is His Majesty should not provoke them as wentworth y et . ra ther to lie still on the border till towards the ilay! f r end of August, entrenching his army the whilst, and continually exercising his men to gain them the knowledge of their profession. . . There is more need of a Fabius amongst us than of a Marcellus." As for himself, Wentworth declared that he was ready to obey orders, whatever they might be ; but he wished it to be known that to send soldiers out of Ireland would be to court disaster. Antrim was in no condition to move, and the whole of his own small force was needed where it was. "There are," continued Wentworth, " 100,000 at least of the Scottish nation on this side ; and whether their inclination be with the Cove- nanters you may well suspect. . . The whole province of Con- naught is as yet unsettled, and impossible that people can take delight in the fulfilling the services of the Crown in that planta- tion ; nay, that it can be. indeed effected without some dis- contentments and grumblings in the parties interested. Be yourself the judge whether we ought to expect other, when he that loseth least is to have a full fourth of all his lands taken from him for the King." Similar plantations, he added, were on foot in Munster with the like results. Last winter e the beggarly desperate natives' had fallen 'into a very wicked course of burning the Englishmen's houses' in several counties; and though most of them had been taken and executed, excesses of the same kind were to be feared the moment that the pressure of the army was withdrawn. If, however, Wentworth could not land in Scotland, he was ready to make the Scots think that he meant to do so. He Wentworth's had already half his army stationed at Carrickfergus. offer. if i t was thought desirable, he would lead the re- mainder in person to the same station. In one month he could be joined by all the men who were subject to military service in Ulster, and could collect all the shipping, so as to make the 1 639 WENT WORTH'S OFFER. 35 Scots think that he purposed to effect a crossing. " By which means," he explained, "I shall raise such a rattle as may occasion, perchance, them to rest the less ; howbeit it will not in the conclusion have with it that dangerous sting which the rattle-serpents we hear of in Virginia are reported to carry with them in their tails." 1 As it was still possible that even this threat of invasion might not be sufficient to keep the Scots from invading England, Wentworth had yet one more suggestion to make. "If," he wrote, "their present strength be in any proportion equal to his Majesty's forces, methinks it were good, by quietness and show of treaty, to amuse them and spin out this summer as much as possibly may be, so wasting them a petit feit, and dis- solving them through their own wants, distastes, and discon- tentments among themselves." 2 The last suggestion was well suited to make an impression on Charles's mind. Yet even if he had wished to adopt it, it was out of his power to adopt it as a whole. Went- Tmabie S to fa worth wished him to treat whilst his army kept guard .accept it. u p Qn the B or( iers. Charles knew perfectly well that he could not keep his army long enough together to make a fictitious negotiation of any value at all. If he did not treat in earnest, it would soon be too late to treat at all. Even whilst he could keep his army together he had nothing to oppose to the combination of military discipline and national and religious enthusiasm which formed the strength of the Scottish army. T iie e Brave as his English followers individually were, The Scots' Leslie, if he had chosen to attack them in their -fnvldbg 0m bivouac at the Birks, would have driven them like England. chaff ^fo^ th e w i n d. If Charles should make up "his mind to treat he would find the Scots ready to meet him half-way. There were shrewd heads in the Scottish camp, who knew better than to court a perilous victory. They were now contending with Charles. If English soldiers were driven in headlong rout, and if the tramp of a Scottish army were lieard on English soil, it might very well be that they would 1 Wentworth's knowledge of rattlesnakes was evidently not great. 2 Wentworth to Vane, May 30, Melbourne MSS. 3 6 THE TREATY OF BERWICK. CH. LXXXIX, have to contend with an insulted nation. In Parliament, or out of Parliament, supplies would no longer be withheld, and the invaders would meet with a very different force from that which was now before them. "Whilst the Scots were in this frame of mind, 1 and, as far as- it is possible to calculate, just after Charles had received Went- The offer to worth's letter, one of the King's Scotch pages visited negotiate. their camp and recommended his countrymen to- open a negotiation. They at once sent the Earl of Dunferm- line to request the King to appoint commissioners to treat,, and to assure the English nobility that they had no wish to throw off their allegiance to the Crown. Charles laid it down as a condition of the negotiation that they must first read his proclamation denouncing their leaders as traitors. The procla- ". , . _ , _ nation P ri- As usual, they were perfectly ready to give obedience vate y rea . -^ ^ e letter. A few of the very men who were de- nounced assembled in a tent to hear the proclamation read. On them the threat of the confiscation of their lands was not likely to make much impression. Yet with this hollow form Charles was forced to content himself. The disposition to avoid a battle, which had long prevailed amongst the men of rank in the English camp, had now spread to the common m. u. 1-1. soldiers. They had learned by this time that money The English J , , , -, . reluctant to was running short, and they knew by experience s tf that bread and beer were growing scarce. " A great neglect there hath been," wrote one who was on the spot, " in those who had the charge of providing for the soldiers, for they have wanted exceedingly since their coming, yet have been very patient but now there is strange doctrine spread in the camp and swallowed by the officers and soldiers, so that it is time to make an end of this work. The clergy that are in this camp doth carry themselves so indiscreetly, as also the Scottish bishops and clergy here, that I assure you they do much hurt his Majesty's ^ affairs by their violence." Bristol bluntly spoke 1 As early as the beginning of the-- month there had been talk of a negotiation, but the King would admit of no treaty unless his houses and castles were first given up. Widdrington to Lord Fairfax, Jun 3, Fair- fax Correspondence, i. 367. 1639 A NEGOTIATION OPENED. 37 out what was doubtless in the thoughts of all. Most of the lords, he said, were resolved to petition for a Parliament The lords, indeed, disclaimed any such intention; but the unspoken thought was, we may well believe, in the minds of all of them. 1 On the afternoon of the yth Hamilton appeared in Charles's camp. He had to tell how Aboyne had reached Aberdeen, and had driven the Covenanting forces to retire by Hamilton at his mere presence in the roads. But he could not .the camp. sa y ^^ ^g diversion W as likely to be of any perma- nent benefit to the Royal cause. Aboyne had written to him urgently for supplies. Even if he had had Aberdeen. SU ppij es to give, he was already on his way to Berwick June 7 . by the King's orders before he received the letter. 2 Sab^to k Hamilton had every reason to be satisfied with support him. the temper of his royal master. The negotiation which had already been informally opened on the .tion on^h e ia ~ Borders was merely a continuation of that which had or ers " been set on foot by himself. He would now be present to watch over its progress. The day after the illusory reading of the proclamation at Dunse, Dunfermline returned Hamilton's to ask for a safe-conduct for the Scottish negotiators. advice. Hamilton was there, to whisper that it would be wise to consent to the abolition of Episcopacy, and even to the Covenant itself. In time the discontented nobility would be .gained over by favours, and better times would come. 3 Such advice was too consonant with Charles's nature not to find entrance into his mind. He may not have intended foul play j but, even if he did not, his inborn incapacity to look facts in the face would lead to much the same result as if he had been a deliberate trickster. He doubtless believed firmly that the Presbyterian experiment would before long prove intoler- able, and he did not wish to bar the door against the restitution 1 Mildmay to \Vindebank, June 10, S. P. Dom. ccccxxiii. 67. - gurnet, 140. Spalding, i. 200. Spalding charges Hamilton with having deserted Aboyne in defiance of orders from the King. This is plainly a mistake. Even when Aboyne was in the Forth, Hamilton had but one regiment with him, 140. 3 8 THE TREATY OF BERWICK. CH. LXXXIX. of the more perfect system. A man of a larger mind might have felt in precisely the same way ; but he would have declared openly what his hopes were, and in so doing he would have in- spired confidence where Charles only inspired distrust. On the i ith the conference was opened in Arundel's tent between six commissioners from the Scots and six commis- jtme it. sioners from the King. Scarcely had the negotiators Opening of taken their places, when Charles himself stepped in. the confer- - 1 . . * ence. He assumed that tone of superiority which was natural to his position. He was there, he said, to appears to show that he was always ready to listen to his. subjects, and he expected them to act as was be- tlon ' coming to subjects. From this position he never departed. He had come not as a diplomatist but as a judge. " I never took upon me," he said, "to give end to any difference but where both parties first submitted themselves unto my censure, which if you will do, I shall do you justice to the utmost of my knowledge, without partiality." "The best way," he said afterwards, "were. to take my word, and to submit all to my judgment." In the discussion which followed, Charles showed great dialectical skill. He seized rapidly on the weak points of the His diaiccti- Scottish case, and exposed them without ostentation cai skin. or yindictiveness. The strength of the Scottish case lay outside the domain of dialectics. All sorts of questions- might arise about the composition of the Assembly, about the vote of the lay elders, and about the pressure exercised by the Tables at the time of the election. The arguments by which the Scots were ready to prove that the decisive authority in ecclesiastical matters resided in the Assembly which had met at Glasgow were neither more nor less convincing than the arguments by which Charles was ready to prove that it resided in himself. The true answer for the Scots to have made would have been that, whatever might have been the legality of the forms observed, the Assembly had had the nation behind it. This, however, was precisely what the Scottish Commissioners never thought of saying, and by leaving it unsaid they left the honours of the dispute with Charles. 1639 -' A DEARTH OF MONEY. 39 What was wanting to the Scots in argument was amply made up to them by the presence of Leslie's army on Dunse Law. The military Whether the Scottish nation had the right to settle its position. own a ff a j rs j n ^e teeth of Charles's opposition might be open to argument. It was clear enough now that it was strong enough to do so. Charles's own army was no more ready for battle than it had been before, and every day brought him worse news from the South. Without fresh supplies of money his army would soon dissolve from want of pay, and he had not much hope left that those supplies would be forthcoming. Windebank's report of a fresh attempt to obtain a loan from the City was most discouraging. The Council, indeed, had June 7 . been busily employed in forcing all Scotchmen re- m England to take an oath of Wentworth's the invention, binding them to renounce the Covenant. 1 Oaths, however, brought no money into the exche- quer. On the 7th the Lord Mayor, having been summoned by the Council, appeared with such a scanty following of alder- men, that he was ordered to go back and to return on the loth with all his brothers. When the aldermen at last made their appearance, they were told that the King expected Aioande- from them a loan of ioo,ooo/. The war was even manded. more unpopular in London than in other parts of England. Trade was suffering, and the recent confiscation of the Londonderry charter was rankling in the minds of the aldermen. ( They replied that it was impossible to find the money. The Council told them that it must be done. Cot- tington said they ought to have sold their chains and gowns before giving such a reply. They were ordered to appear once more on the I2th with a final answer, Even within the Council there were signs of dissatisfaction at this high-handed course. Coventry and Manchester sat Windebank's silently by whilst threats were used. " The rest," advice. wrote Windebank, " are of opinion that either your Majesty should command the Ciry to furnish 6,000 men at their own charge for the reinforcing your army, or else send 1 Council Register, June 5. Rossingham's News-Letter ', June 1 8, Add. MSS. 11,045, fol. 29. 40 THE ' TREATY OF BERWICK. CH. LXXXIX. for six or eight aldermen to attend you in person at the camp, which the other two lords do not like, but hold dangerous in these times ; and in case the City should refuse the former, they know not how they can be compelled to it. I am humbly of opinion that both should be done, and if the former be refused, the chief officers of the City are answerable for so high a contempt : if the latter, the aldermen whom you shall summon to attend are finable." 1 Whilst Windebank was suggesting counsels so wild as these, the Queen was trembling lest the two armies should come to The Queen blows. At the suggestion of the adventurous Duchess visi?Be?- to of Chevreuse, she proposed to hasten to the camp, vick - that she might adjure her husband not to expose his person to the risks of war. 2 The contents of Windebank's despatch saved Charles from tliis embarrassing proof of wifely affection. On the i2th he learned that the Lord Treasurer had scraped together 2o,ooo/. Deficiency for the needs of the army. 3 By the i5th he must of supplies. k ave k nown t h at nothing was to be had from the City* and on that day he despatched an answer to the Scots in which he practically accepted their terms. There was still some haggling over details, and it was not till the 1 7th that his answer assumed its final shape. 5 On ^ e l8th tlie treatv was signed. 3Jerwick. By this treaty the Scots engaged to disband their troops, to break up the Tables and all unlawful committees, and to restore the royal castles to the King's officers. In. return Charles engaged to send back his soldiers to their homes, and to issue a declaration in which he was to assure his subjects that, though he could not ratify the acts of the pretended 1 The King to the Lord Mayor and Aldermen, June 4, S. P. Dom. ccccxxiii. 20. Windebank to the King, June 8, n, Clarendon S. P. " 53, 54- 2 Con to Barberini, June ^, Add. MSS. 15,392, fol. 176. 8 Note by the King, June 12, Clarendon S. P. ii. 54. 4 Wiuebank's letter of the nth must have reached him by that date. , 5 Compare the first draft (S. P. Dom. ccccxxiii. 107} with the final treaty, JBumet, 141. 1 639 THE PACIFICATION. 41 Assembly of Glasgow, he was pleased that all ecclesiastical matters should be determined by Assemblies, and all civil matters by Parliaments and other legal judicatories. On August 6 a free General Assembly was to be held at Edinburgh, and on August 20 a Parliament was to follow. In this Parliament, in addition to other acts, an act of pardon and oblivion was to be passed. 1 The pacification of Berwick came just in time to save from extinction the last remnants of a Royalist party in the North. The war m On the very day on which the treaty was signed, .the North. Montrose fell upon Aboyne at the Bridge of Dee -close to Aberdeen. Though Aboyne's Highlanders withdrew in terror before the mother of the musket, as they styled Mon- trose's cannon, the men of Aberdeen and the Royalists of the Northern Lowlands held out firmly, and it was not till the afternoon of the second day that the position was forced. 2 The June i 9 . storming party was led by Middleton, a rude soldier fhe r Br L S|e f for whom a strange destiny was reserved. He lived of Dee. to rece i ve an earldom without any special merits of his own, to preside over the execution of Argyle, and over the reverent consignment to Christian burial of the shrivelled remains of the body of Montrose. For the third time the Covenanting army entered Aberdeen. Montrose Montrose had brought with him orders to sack the town * ^ e disobeyed the pitiless injunction, and Aberdeen was saved. The arrival of news of the Treaty of Berwick put an end to all further hostilities. As soon as it was known in England that a treaty had been signed, the utmost satisfaction was expressed. It was known 1 Rushworth, iii. 944. 2 It is generally supposed that Colonel Gun, who had been sent with Aboyne by Hamilton, was a traitor, and helped on the defeat. We have not his defence, and he may have been simply a methodical soldier, unused to Montrose's dashing ways. He had been recommended by Elizabeth for service, which would hardly have been the case unless he bore a good reputation abroad. Hamilton's double-dealing naturally brought sus- picions upon. him of any kind of villany. See BaiHie, i. 186; Gordon^ ii. 269 ; Scalding, i. 209. 42 THE TREATY OF BERWICK. CH. LXXXIX. that the peace had been to a great extent the work of the tio English nobility, 1 and few were aware how powerfully in a E S 4knd the King's financial difficulties had contributed to ofthl news the result For Henrietta Maria the mere cessation treaty. ^ danger to her husband was enough, and those who looked in her beaming face could see her happiness there. 2 The King's sister Elizabeth had reasons of her own for being equally well satisfied. She fondly hoped that something Pro'ect of at l ast be done for the Palatinate. So assured sendinea were Leslie and the Covenanting leaders that all a^Vto danger was past, that they offered to provide ten or ermany. twelve thousand Scottish soldiers for the service of the Elector Palatine. Charles was merely to furnish ships to- transport them to the Continent, and to provide them with provisions till they reached their destination. Immediately on the signature of the treaty, Charles assured Leslie that he would agree to these terms. Before long, however, Leslie came to the conclusion that such conditions were insufficient He required that Charles should ask the Scottish Parliament to provide pay for the army, and this request Charles refused to make. 3 By this time indeed the prospect of a good understanding had already been clouded over. In accepting the King's declaration tne Scots na ^ been guided rather by their wishes than by their intelligence. Two capital points had been entirely passed over. Nothing was said in it either of- the constitution of the future Assembly, or 1 " II Conte di Olanda . . . parla . . . con grand* avantaggio clelle ragioni che mossero li Scozzesi all' armi in modo die bisogna attribuire le buone condition! dale al loro non tan to all* affetto del Re verso la patria, quanto all' inclinatione della nobilti Inglcse alia causa loro, cssendo vero- che eccettuato il generale et il Conle di Bristo, . . . quasi tutti gli altri hanno favito alle pretcnsioni de' Scozzesi vergognosamente." Con to. Barberini, July ^, Add. MSS. 15,392, fol. 191. 3 Con to Barberini, July -, Add. MSS. 15,392, fol. 182. 3 Elizabeth to Roe, July 2, n. Cave to Roe, July n, S. P. Germany ~ Salvetti's Ncws-Letter, July - 5 * 1639 FRESH DIFFICULTIES. 43. of the course to be pursued if the Assembly came to resolu- tions obnoxious to the King. With a man of Charles's cha- racter, ever ready to claim all his formal rights, such omissions were likely to lead to serious consequences. The Scots had probably taken it for granted that he was merely seeking a decent veil to cover the reality of his defeat. They asserted that he had used words which implied as much, having assured them that he would not prelimit and forestall his voice, but he a PPi nte( i a ^ ree Assembly which might judge tjcai difficui- of ecclesiastical matters, the constitutions whereof he would ratify in the ensuing Parliament.' l The accuracy of the paper which contained these words was indeed denied by the King, but it is not probable that the statement contained in it was substantially untruthful. The difficulty vanishes if we suppose that the King regarded the exercise of his veto as a most important part of the legislation of the Assembly, and that his subjects imagined that no such veto was to be heard of. Nor is it at all unlikely that Charles really believed that if the question of Episcopacy were seriously dis- cussed, his views of the matter would gain the upper hand. 2 The ecclesiastical difficulty was dangerous enough. The political difficulty was still more dangerous. With the best Political possible intentions, the Scottish people could not difficulties, restore that fabric of ancient authority which had crumbled into dust. If Charles was ever to exercise power in Scotland again, he would have to toil painfully at its re- construction. Either he must throw himself, as the too subtle Hamilton recommended, on the side of a nobility which was certain to have cause enough of discontent under the sway of 1 Peterkin's Records^ 230. 2 Rossingham, who picked up the news floating in the camp, tells us that e There was much ado whether there should be bishops, yea or no, The King pressed to have bishops, and the Scotch Commissioners .... most humbly presented it to His Majesty that the order of bishops was. against the law of the land which His Majesty had promised to maintain ; wherefore at last, as I hear, His Majesty was graciously pleased to have- that about the bishops to be disputed in their next Assembly.' News- Letter, June 25, Add. MSS. 11,045, fol. 31 b. 44 THE TREATY OF BERWICK. CH. LXXXIX. the Presbyterian clergy \ or else, as Montrose not long after- wards advised, he must accept the ecclesiastical settlement now proposed as final, in order to win back the goodwill of the nation itself by trying to promote its welfare within the lines of its own conceptions. Charles would hear nothing of either plan. He claimed authority as a right, not as the ripe fruit of helpful labour. He could not understand that resistance to himself had given rise to a new political organisation which could not at once drop out of remembrance for any words, which might be inserted in a treaty. He looked for reverence and submission where he should have looked for an oppor- tunity of renewing that bond between himself and his subjects which, through his own fault, had been so unhappily broken. In spite of Charles's hopefulness, the difficulties in the way of the execution of the Treaty of Berwick were not long in ' Tune 2 disclosing themselves, and not a few of them were Hamiuon'at owing to his own inconsiderate action. On June 24, Edinburgh. indeed? Hamilton received the keys of Edinburgh -Castle, and installed General Ruthven, a stout soldier and a The castle firm Royalist, as its governor. Yet it was difficult to surrendered. m ake the policy of surrender intelligible to the Edin- burgh citizens. When Hamilton visited the Castle he was followed by four or five hundred persons, who jostled him in an unseemly manner. Scornful cries of " Stand by Jesus Christ !" were raised, and the Lord Commissioner was branded as an ^enemy of God and his country. 1 Charles was still at Berwick. At first, he intended to pre- .side in person over the Assembly and Parliament which he was -Charles at about to summon, but before long he saw reason to Berwick. change his purpose. The first serious offence came from himself. On July i a proclamation ordering fresh elections for an Assembly which was to meet at Edinburgh Bishops 1 " was read at the Market Cross of that town. It in- SdS*S? vited all archbishops and bishops to take their places sembiy. there. As might have been expected, the proclama- tion was met by a protestation. Once more the two parties stood tt I 44* Norgate to Read, June 27, 30, S. P. Dom. ccccxxiv. 77, 96. 1639 RESISTANCE IN SCOTLAND. 45- opposed in mutual defiance. * Charles might have argued that Episcopacy was not as yet legally abolished, and that the pre~ sence of the bishops was necessary to the fair discussion which he contemplated. He did not -understand that he was called on to sanction the results of a revolution, not to preside over a parliamentary debate. If the proclamation took for granted the illegality of the- acts of the Glasgow Assembly, the protestation took for granted their legality. The feelings of the populace were ex- Riot at pressed in a -rougher fashion. Aboyne, who unwisely Edm urgh. vent;urec j to s h ow himself in the capital, was chased through the streets by an angry mob. Traquair's coachman was beaten. His Treasurer's staff was broken, and his coach pierced with swords. One of the judges. Sir William Elphinstone, was struck and kicked. 2 Charles's displeasure may easily be imagined ; but he was even less prepared to carry on war now than he had been in _ j June. Hamilton told him plainly that the Scots The King's would have no bishops. If he meant to force Epis- dispieasure. CO p aC y on ^g na tion, he must summon an English Parliament, and be prepared for all the consequences which might flow from that step. Charles was the more angry because he discovered that a paper had been circulated in Scotland, purporting to be a July 6. report of conversations held with himself, in which SSf S to ke was said to have consented tacitly to abandon have been the bishops. Possibly the account may have been misrepre- . c J J seated. too highly coloured. Possibly, too, his own recol- lection may have fallen short of his actual words. At all events, he believed himself to have been foully misrepresented. Abandons His feeling was rather one of astonishment than ofio^tL on o f an g er - " Wh y>" he complained to Loudoun, " do Edinburgh. y OU use me thus ? " 3 Yet, if he had no choice but to give up the bishops, he could not bring himself to pro- 1 Proclamation and Protestation, July I, Peterkin's Records, 230. 2 Baling i. 220. Borough to Windebank, July 5, S. P. Dom CCCCXXV. 22. 3 Unsigned letter, July 1 1, S. P. Dom. ccccxxv, 51. 46 THE TREATY OF BERWICK. CH. LXXXIX. nounce the fatal words. The intention of appearing in person at Edinburgh was abandoned. Hamilton, too, had Hamtiton' no mind to expose himself again to obloquy. He resigns the res io- n ed his commissionership, and Traquair was commission- o -ership. appointed in his room. * If the Covenanters complained of Charles for his continued support of the bishops, Charles had to complain of them that The Cove- in some respects the Treaty of Berwick had not nanting been put in execution. The Tables had not been leaders sent A _ __. - 111 i ,. for. at once dissolved. Hindrances had been placed m the way of the entrance of stores into Edinburgh Castle. A regiment was still kept on foot under Colonel Monro, and the fortifications of Leith were not demolished. Leslie still behaved as if his commission as general retained its force. Charles accordingly sent for the Covenanting leaders to confer with him at Berwick. Those for whom he sent did not all obey the 'summons. Argyle sent a hollow excuse. The Edin- burgh citizens prevented others from setting out on what they believed to be a perilous journey. Six only of the number, Rothes and Montrose amongst them, appeared at Berwick. 2 During the days of this visit to Berwick, Hamilton had been busy. He was authorised by a special warrant to enter into communication with the Covenanters, in order HamUton : s that he might learn their plans. He was to gain tioT^ith a " their confidence by speaking as they spoke, and them. t h at he m ight do this fearlessly he was exonerated from all penalties to which he might make himself liable by traitorous or seditious expressions. 3 Into the dark mysteries of Hamilton's intrigues, it is im- possible to enter further. As matters stood, no real Alteration understanding was possible. Between the King and KfogSa 1 * Rothes there was a bitter personal altercation. Rothes. Charles twice called the Earl to his face an equivo- cator and a liar. To the King's demand that all that could ct) 144, I4 6 - 2 De Vic to Windebank, July 15 ; Borough to \Vindebank, July 21, -S. P. JDom. ccccxxv. 77, ccccxxvi. 22. Warrant, July 17, Hardmck* S. P. ii. 141. 1639 -4 PROVISION FOR THE FUTURE. 47 foe said in favour of Episcopacy should be freely urged at Edinburgh, Rothes replied that if his countrymen were not allowed to rid themselves of the bishops at home, they would be forced to open an attack upon the bishops of England .and Ireland. 1 On the 2ist Rothes and his companions were 2r sent back, with orders to return on the 25th, together with those who had been detained in Edinburgh. On the 25th Dunfermline, Loudoun, and Lindsay arrived Anther 5 ' alone. They promised to dismiss the troops and pull down the fortifications of Leith ; but mutual confi- dence was altogether wanting, and Charles informed them that he had given up his intention of appearing at Edin- burgh in person. 2 The Covenanters believed that Charles was still hankering after the restoration of Episcopacy. They were not altogether 2 * n tne wrong. In ^e instructions given to Traquair, " on the 2 7th, Charles declared that he had commanded instructions. the bishops to absent themselves from the Assembly, and that he was ready to agree to the abolition of Episcopacy if it was not declared to be positively unlawful, but only ' contrary to the constitution of the Church of Scotland.' Such a reserva- tion might appear to be no more than the satisfaction due to a scrupulous conscience. There can, however, be little doubt that it was more than this. Unless we are misinformed, Traquair told the King that in the absence of the bishops the proceed- ings in Parliament would be null and void, and that he would therefore be able, without violation of the law, to reintroduce Episcopacy whenever he felt himself strong enough to do so. 3 The prospect thus opened before Charles was one which he Aug. 3 . was sure to regard with satisfaction. On August 3 he Sunufto was once more at Whitehall There he was surrounded Whitehall, by those counsellors who were most hostile to the Scots. ".For the Scottish business," Laud wrote to Roe, "'tis 1 Rothes to Murray, Aug., Ham. Papers, 98. 2 De Vic to Windebank, July 16, S. P. Dom. ccccxxvi. 50. 3 This rests on Bui-net's testimony. He had many documents before him which are now lost, and his care in giving the substance of those which have been preserved speaks in his favour. 4 8 THE TREATY OF BERWICK. CH. LXXXIX. true I sent you the happy word of peace, but what the thing will be in future I know not Had I liked the con-' onn of ditions at the very first^I would have been as ready the proceed- to h ave given you notice of them as of the peace ings in o -f A Scotland. i ts elf. But I knew they would come soon enough to, you, and I had no great joy to express them. Tis true that things were referred to a new Assembly and Parliament, but in such a way as that, whereas you write that the perfection of- wisdom will consist in the conduct of them, there will certainly be no room left for either wisdom or moderation to have a voice there ; but faction and ignorance will govern the As- sembly, and faction, and sbmewhat else that I list not to name, 1 the Parliament ; for they will utterly cast off all episcopal government, and introduce a worse regulated parity than is any- where else that I know. How this will stand with monarchy, future times will discover ; but, for my own part, I am clear ofr opinion the King can have neither honour nor safety by it : and considering what a faction we have in England which leans that way, it is much to be feared this Scottish violence will make some unfitting impressions upon both this Church and State, which will much concern the King both in regard ofr- himself and his posterity to look to." 2 Charles's first act after his return was one of defiance to the Scottish leaders. He found that the report which they had Aug. 4. issued of his conversations with them at Berwick was The Scouhh c i rcu i a ting in England. He ordered that it should proceedings k e burnt by the public hangman. 3 His next stej; to be e burnt. was to direct the Scottish bishops to draw up a pro- test against the legality of the approaching Assembly and to place it privately in Traquair's hands. " Wt a would not," wrote the King to Spottiswoodc, " have it . either read or argued in this meeting, when nothing but partiality is to be expected, but to be represented to us b> him which we promise to take so into consideration as be-, cometh a prince sensible of his own interest and honour, joincq 1 " Treason " is probably meant. 2 Laud to Roe, July 26, Works, vii. 583. 3 Act of State, Aug. 4, . P. Dom. ccccxxvii. 14. 1 639 THE ASSEMBLY OF EDINBURGH. 49 with the' equity of your desires \ and you may rest secure that, though perhaps we may give way for the present to that which will be prejudicial both to the Church and our own govern- ment, yet we shall not leave thinking in time how to remedy both." * Charles, in short, was to cozen the Scots by appearing to yield everything, whilst he was secretly preparing an excuse which would justify him in his own eyes in taking back all that he had yielded, whenever he was strong enough to do so. He was too conscientious to tell a direct falsehood, but he was not conscientious enough to abstain from conveying a false impres- sion. The student of these transactions may perhaps be able to comprehend the meaning of that dark saying of Luther : "If thou sinnest, sin boldly." Whether the Scottish leaders were fully informed of these machinations or not, they had a clear knowledge of the spirit in which Charles was prepared to meet the proposals of the coming Assembly and Parliament. " All they that incline to the Covenanters' side," wrote a correspondent of Secretary Coke, " are very sorry such a commissioner shall be there, who is to make his protestation of his Majesty's prerogative, in case the bishops shall be excluded out of that realm." 2 Such feelings, however, were not as yet shared by the large majority Aug. 12. of the Scottish people. They believed that they Opening of h^ a t i as t attained the object of their desires. On tne Asscin- biy. August 12 the Assembly was opened in due form by Traquair at Edinburgh. No public notice was given of the Aug. 17. protest of the bishops. On the i7th Episcopacy and E ^fn pacy ^ its atten dant ceremonies were swept away as ruth- aloiished. lessly as they had been swept away at Glasgow. Old men who had known the evil days shed tears of joy as they looked upon ' a beautiful day, and that under the conduct and favour of the King. "Blessed for evermore," cried one of those who were present, " be our Lord and King Jesus, and the blessing of God be upon his Majesty, and the Lord make 1 The King to Spottiswoode, Aug. 6, the Bishops* Declinator, Aug. 10, II, Bumet, 154. 2 Weckerlin to Coke, Aug. 8,. Melbourne. MSS. VOL. IX. E 50 THE TREATY OF BERWICK. CH. LXXXIX. us thankful." When Traquair signified his assent to the Act in his master's name, the enthusiasm of the Assembly knew no bounds. "We bless the Lord," said Dickson, the Moderator, "and do thank King Charles, and pray for the prosperity of his throne and constancy of it so long as the sun and the moon endure." Before the Assembly dispersed, it showed its renewed The Cove- loyalty by adding a Royalist explanation to the Cove- enforcld! 6 nant > an( * * en aske( l tnat evei 7 Scottish Subject Aug. 3 o. might be called on to subscribe it in this amended form. 1 Against this unwarrantable interference with the conscience of individual Scots, Traquair raised no protest Before the Traquair's Assembly separated, however, he protested, as Charles protest. h a d directed him to do, that the King would not enS gage to call Assemblies annually, and that he would not accepg the abolition of Episcopacy as unlawful within this kirk,' unc less the illegality were defined as arising merely from its bein^g * contrary to the constitution thereof.' Otherwise Charles might 4 be urged to draw the inference that what was unlawful in Scot- land was unlawful in England as well. 2 Parliament met on August 31. A constitutional question of the highest importance was immediately raised The absence Aug. 31. of the bishops brought with it not merely the loss of c!f h th^ ords fo urteen vote s to the King, but it disarranged the art ^ c ^ a ^ machinery by which the nomination of the Lords of the Articles had been left practically in the hands of the Crown. This Committee, having complete autho- rity over the amendment and rejection of Bills, whilst the mere final vote of Aye or No upon the Bills in the form in which the Lords of the Articles passed them was all that was left to Par- liament as a body, was of far more importance than Parliament itself. It was evident that in some way or other it must be ex- tensively remodelled, and that on the mode in which it was remodelled the future constitutional influence of the Crown would to a great extent depend. 1 Peterkin's Records, 204. JBurnef, 157. 2 Peterkin's Records, 235. 1639 THE PARLIAMENT OF EDINBURGH. 31 For the present Parliament a temporary compromise was .arrived at. Traquair selected eight members of the nobility, and was wise enough to choose a majority of. the eight from the supporters of the Covenant. These eight then chose eight from the estate of the barons or country gentlemen, and eight from the estate of the burgesses. A permanent arrangement was more difficult to hit upon. Looking forward, as he did, to the ultimate restoration of Epis- copacy, 1 Charles would gladly have seen the fourteen bishops replaced by fourteen ministers, 2 whom he doubtless hoped to -convert into bishops at some future time. It was not likely that such a proposal would obtain any support whatever. It was ob- noxious to the ministers, who had no wish to see some of their number elevated above the rest ; and it was equally obnoxious to the nobility, who had no wish to share their power in Parlia- ment with any of the clergy. Charles was therefore obliged to fall back upon a plan supported by a party amongst the Cove- nanters, of which Montrose was the leading spirit, which urged that the place of the bishops should be taken by a body of fourteen laymen to be appointed by the King, and who, if, as must be supposed, they were to play the same part in the selection of the Lords of the Articles that had formerly been played by the bishops, would have restored to the Crown the control of that important committee. 3 The remainder, and, as 1 "II Rfe sta tuttavia di buon ammo, sperando che le cose possino passare per adesso in qualche maniera tollerabile con pensiero poi al sua tempo d'accomodarle a modo suo." Con to Barberini, Aug. ? Add. MSS. 15,392, fol. 223. 2 Instructions to Traquair, JBurnet, 150. 3 The vague statements in Airth's letter (Napier, Memoirs of Montrose, i. 226) may be elucidated from Rossingham's News-Letter of Oct. 7, Add. MSS. 11,045, fol. 61. "There is no agreement concerning the third estate yet. . . . The King hath a party in the Parliament that pleaded hard for the King that he may not lose the bishops' fourteen voices, and therefore there hath been some propositions how to supply this third estate by introducing fourteen laymen to supply the bishops which are included ; but it does not take, many objections being urged against it. ... The Earl of Montrose, the Lord Lindsay, two very active Covenanters, are body and soul for his Majesty in Parliament, in that particular of settling 52 . THE TREATY OF BERWICK. CH. LXXXIX. it proved, the majority of the Covenanters, and especially the barons and the burgesses, were anxious to diminish the powers of the Lords of the Articles, and to make them a more exact representation of the House itself. The parties thus formed were of permanent significance in Scottish history. Montrose and his friends wished to break with Formation Episcopacy for ever. They were jealous of the popular of parties.^ mov ement which had made Episcopacy impossible, Montrose's ^ ^y SOU ght in the Crown a counterpoise, and more than a counterpoise 3 against the power which would be acquired by any members of their own order who chose to rest upon popular support As might have been expected, Mont- rose's conduct exposed him to general distrust The popular feeling was alarmed, and took expression in a placard which was affixed to his door: u Iwvictus armis^ verbis vindtur" It could not be, it was thought, that the hero of the Covenant should have adopted the cause of the enemy of the Covenant, unless he had been beguiled by flattering words at his inter- view with Charles at Berwick. In this charge there was doubtless much injustice. But it was not entirely unjust. Montrose could not understand, as- Wentworth could never understand, how hard it was to work successfully for Charles. He presupposed that Charles in- tended to make a fresh start, and would reconcile himself Oct r to Scottish Presbyterianisra On October i Charles Charie^ * wrote to Traquair, announcing that though he had reSfndthe consented to the abolition of Episcopacy, he would fevoU n of not consent to any Act rescinding the existing laws Episcopacy, by w hich Episcopacy had been established. "We cannot," he wrote, "consent to the rescinding any Acts of Parlia- ment made in favour of Episcopacy ; nor do we conceive that our refusal to abolish those Acts of Parliament is contradictory to what we have consented to, or that we were -obliged to. There is less danger in discovering any future intentions of the third estate. So are divers others of the known Covenanters." This letter does not say that the fourteen were to be chosen by the King, but, if they were to be a substitute for the bishops' voices,' this must have been intended. 1639 <* CONSTITUTIONAL REFORM. 53 ours, or, at the best, letting them guess at the same, than if we should permit the rescinding those Acts of Parliament which our fathers with so much expense of time and industry estab- lished, and which may hereafter be of so great use to us." l Surely, in vain the net is spread in the sight of any bird. The King's refusal to consent to a rescissory Act was an adver- tisement to all Presbyterians that they had nothing to expect from him. Montrose's political design was rendered hopeless from the beginning. Montrose's opponents found a leader in Argyle. With the eye of a statesman, he perceived that the political meaning of Argyie's ^ e Presbyterian victory lay in the increased weight policy. O f t h e middle classes. Their ideas had prevailed in the Church, and their ideas must prevail in the State. The constitution of the Lords of the Articles must be made to give -expression to this all-important fact. Montrose might try to support the nobility upon the unsafe foundation of the Royal power ; Argyle would fall back upon the leadership of the middle classes. It was difficult to carry the change which Argyle advocated through the Lords of the Articles, as they had been selected by Traquair. In the end it was voted, by a bare majority of one, that each estate should in future choose its own Lords of the Articles. In this way the barons and burgesses would be re- presented by sixteen votes, the nobility by only eight, and the King by none at all. No Reform Bill in our own days has . cclxxx. fol. 86. 2 According to other accounts, two were taken and one sunk. 8 Manwood to Suffolk, Sept. I, S. P. Dom. ccccxxviii. 52. Cave to Roe, Sept. 23, S. P. Germany. Rossingham's News-Lcttsr^ Sept. 9, Add. MSS. 11,045, foL 53. ' Cardenas to Windebank, Sept. -. Cardenas to the Cardinal Infant, Oct. -^, Brussels MSS. Sec. sp. cclxxx. fol. 106, 129. Salvetti's News-Letters, Sept. Q Windebank to Hopton, Sept. 29, Clar. . P. ii. 71. 23 1639 THE FLEETS IN THE DOWNS. 6r under cover of the night, fifteen of his smaller vessels laden with soldiers. l Oquendo and Tromp appealed, through their respective ambassadors, to Charles. Then ensued an auction, the strangest Appeal i n th e annals of diplomacy, in which Charles's pro tee- to Charles. t j on was o ff erec j as a p r i z e to the highest bidder. As a prelude to the main bargain, Charles was not ashamed to make a huckstered profit out of the distress of the fugitives who had taken refuge in his port. Cardenas applied to the Master of the Ordnance, the Earl of Newport, for permission to purchase gunpowder from the King's stores. Newport told him that he might have the powder, if he were willing to give a handsome present in addition to the regular price. Cardenas remonstrated. "The King of Spain," replied Newport, "is very rich, and it is of no importance to him how much he gives for the powder of which he is so greatly in need." In the end, Cardenas was forced to pay 5,ooo/. to the King, and i,ooo/. to the Earl, beyond the value of the powder. 2 Those who are aware of this incident will not find much difficulty in under- standing how it was that Lady Newport found her husband's, religion unsatisfactory. Before the powder could be conveyed on board, fresh diffi- culties had to be met. Charles, indeed, appeared at first willing to concede all that the ambassador could demand. He would allow the Spaniards to sail two tides be- Spam. f ore promp was permitted to leave the Downs, so as to enable them to reach Dunkirk without further opposition. 3 Sept. 13. Suddenly, however, he altered his tone. North- The King's um berland informed Pennington that the delay of changed. two tides was never granted to so large a fleet. At the same time an embargo was laid upon all vessels in the 1 Oquendo to Cardenas, Sept. -. Cardenas to the Cardinal Infant, Sept. p, Brussels MSS. Sec. Esp. cclxxx. fol. 88, 78. 2 Cardenas to Salamanca, Sept. ^-2?, Brussels MSS. Sec. sp. cclxxx. fol. 97, 107. Order to Newport, Sept. 20, *S. P. Dom. ccccxxviiL 113- 3 Joachimi to Van Tromp, Sept. **, Add. MSS. 11,677, Q, fol. 39. <52 THE ASCENDENCY OF WENTWORTH. CH. XC. Thames, in order that they might be pressed into the King's service for the purpose of strengthening Pennington's fleet, and a special prohibition was issued against the employment of any English ship in carrying troops to Flanders. 1 These measures, which were taken upon the advice of the Privy fotiarion" Council, were, however, but the screen behind which with Spain. wag concea i ec } a se cret negotiation with Spain. Win- debank told Cardenas, that as long as his master did so little for the Elector Palatine, he must not expect many courtesies in England. Then came a formal demand for money. If the King of Spain would give 150,0007. his ships should be placed in safety. The next day Cardenas told Windebank that he had suggested to his master the payment of ioo,ooo/., but that he might as well have asked for a million. It would have been as easy to procure the one sum as the other. 2 The King proclaimed his intention of enforcing strict neu- trality. He told Joachimi that not an English ship or an Sept. 17. English man should render assistance to either side.. Neutrality There was a talk of compelling both fleets to put to forced! 11 sea together to try their fortune there. 3 There was no doubt which of the two would gain the mastery. Tromp had been heavily reinforced from Holland, and by the end of September he mustered some eighty sail, well manned and supplied. His crews were full of warlike ardour. Pennington would be hard put to it if he were called on to defend the helpless Spaniards against so overpowering a force. In the meanwhile the King's directions grew more contra- Sept. 30. ^i c t or y than ever. Northumberland was fairly puzzled. To a friend of Pennington's, who begged for more precise orders, he replied c that he had often pressed his Majesty to 1 Northumberland to Pennington, Sept. 1 6, S". P. Dom. ccccxxviii. -93. Joachimi to the States-General, Sept. ^, Add. MSS. 17,677, Q, fol. 94. 2 Cardenas to the Cardinal Infant, Sept. ^. Cardenas to Salamanca, Sept. || Brussels MSS. cclxxx. fol. 98, 107. Windebank to Hopton, Sept. 29, Clar. S. P. ii. 71. 3 Joachimi to the States-General, Sept. ^ S Q%' " Add - -W-S1S, 17,677, Q, fol. 103. 1639 THE QUEEN'S INTERVENTION. 63 -declare his resolution, but never could get any. 31 Northumber- land was not in the secret. He did not know that Charles was only waiting for the answer from Madrid to his demand for 150,000^. as the price of his assistance. The French ambassador, Bellievre, had been no less active than Cardenas. He had waited, indeed, till Trornp's reinforce Sept. as. ments arrived, before he broached the subject Then he commenced operations by winning the Queen Q ^ to ^jg ${d et | ow h e accomplished this feat is a mystery which he did not care to reveal In the beginning of the month Henrietta Maria was a passionate supporter of Spain. At the end of the month she was a passionate sup- porter of France. She told Bellievre that the Spanish offers Sept. 26. were ma g nificent > and that he must be prepared with The Queen offers more magnificent still. The King had assured assists Mm. ^ ^^ ^ i ntent j on was to convoy the Spanish fleet to a place of safety. So well did she play her part, that a few hours later Charles declared himself ready to abandon the Spaniards to Tromp if the French Government would place his nephew at the head of the army which had been commanded by Bernhard of Wiemar. Bellievre urged the Queen to ask that the Elector might carry with him ten or twelve Sept. 27. t h ousano ; English troops in Charles's pay. Charles had no money to spare, and he answered that the utmost he could do would be to send over six thousand men, to be paid out of the French treasury. In return, Louis was to bind him- self to make neither truce nor peace without comprising the rights of the Elector. Charles was ready to promise Sept. 28. that he wou i ( i conclude nothing with Spain till a fortnight had elapsed, in order to allow time for the considera- tion of his terms in France. 2 Charles could hardly have made a proposal to which Richelieu was less likely to consent. Ever since Bernhard's death he had been engaged in negotiation with the officers of his army. During the whole of September communications 1 Smith to Kensington, Sept. 30, S. P. Dom. ccccxxix. 83. 2 Bellievre to Bullion, ^, Arch, des Aff. Etr. xlvii. foL 558. 64 THE ASCENDENCY OF WENTWORTH. CH. xa with them had been carried on briskly, and on the 29th, the Thenegotia- very day on which Bellievre's despatch left Eng- BemSrd's ^ an ^> tne articles were signed by which the colonels army. O f me army, in accordance with the stipulations of Bernhard's will, placed both themselves and the fortified towns which they held in Alsace and the Breisgau, at the disposal of the King of France. 1 Since the beginning of August, Charles Lewis had been in England, urging his uncle to obtain for him the command of Charie this vex ^ 2sca ^ m So little ^ Charles understand the LeSs C ?n realities of his position, that he fancied that the England. Ei ector \&& but to present himself at Breisach to be received with enthusiasm as the successor of the great duke. Oct. 4 . ( " )n O ct k er 4 the helpless young man sailed from the He sub for Downs, disguised as Lord Craven's valet, hoping to France. ma k e his ^^ through France to Alsace. 2 For a few days Charles fancied himself master of the situation. He had but to choose between a gift of 150,0007. from Spain, and a binding promise from France to support vigorously his nephew's claims in the Palatinate, whilst in any case the young Elector was to put himself without trouble at the head of the finest army in Europe. In the meanwhile Cardenas was playing his own game. His negotiation for the purchase of gunpowder had given him Newport's some insi S nt into Newport's character, and he now bargain with concluded a bargain with the Master of the Ordnance ar enas. ^ or ^ tranS p Ort o f ^ Spanish soldiers to Dunkirk, at the rate of thirty shillings a head, in direct defiance of the King's prohibition. It was Newport's business to send boats laden with munitions to Pennington's fleet in the Downs, and he now promised that these boats should be placed at Oquendo's - disposition as soon as they had accomplished their legitimate. 1 Gonzenbach, Hans Ludwig von Erlach. I owe my knowledge of this book, in which the misstatements of former writers are corrected to Prof. Stern. 2 Bellievre to Chavigny, Oct. -|, Arch des Aff. tr. xlvii. fol. 572. Memoir for Bellievre, Bibl Nat. Fr. 15,913, fol. 381. Pennington to Suffolk, S, P. Dom. Oct. 5, ccccxxx. 35, i. i6 3 9 - PENNINGTON IN THE DOWNS. 65 task. It is true that nothing was done by Newport to carry out this promise, and it is possible that, on second thoughts, he considered it to be too audacious to be put in practice. That such a bargain should ever have been contemplated is, however, sufficient evidence of the low tone of morality which prevailed at Charles's Court A day or two later Cardenas reported home that he had gained a step with Charles. Orders had been given to Pen- Oct. s. nington to protect Oquendo from any hostile attacks Sd S S to a be as lon S as k remained in the Downs. 1 If, indeed, protected, the ambassador had been allowed to read the des- patch in which these orders were conveyed, he would hardly have been as sanguine as he was. "I have made his Majesty acquainted with that part of your letter,'* structions. ^Qte the Lord Admiral to his subordinate, "which concerns your demeanour between the Holland and the Spanish admirals, unto which his Majesty's answer is this, that you are to let the Holland admiral know that his Majesty is now cele- brating the feast of St. George at Windsor, but within four days will return to London, and is then resolved to appoint a short time for both fleets to depart the road ; and upon the assur- ance which the Holland Ambassador hath given his Majesty, he rests confident that in the meanwhile no acts of hostility will be committed by them in that place. This being done, you are to send to the Spanish Admiral to inform yourself in what state they are to defend themselves, and to resist that great force of the Hollanders which now threatens them. If, when the Hollanders assault the others, you see the Spaniards defend themselves so well that, with the help of those few ships that are with you, they shall be able to make their party good which the King, upon the reports of some, is well inclined to believe then are you to give them your best assistance, otherwise you must make as handsome a retreat as you can in so unlucky a business." As far as any inference can be drawn from directions so incoherent, it would seem that Charles, at 1 Cardenas to Salamanca, Oct. --. Cardenas to the Cardinal Infant, Oct. ^, Bntssels MSS. Sec. Esp. cclxxx. fol. 129, 147, VOL. IX. F 66 THE ASCENDENCY OF WENTWORTH. CH. xc. the moment, hoped more from France than from Spain. "More particular instructions," added Northumberland, "I cannot get for you, which you must manage to your best ad- vantage." 1 To do Charles justice, he did not leave Cardenas entirely in the dark. He sent Endymion Porter to tell him that c the King hath showed his care of the Spanish fleet with all the kindness that could be expected, and that, if Cardenas. ^ wind ^ where it 3^ j t will be i m p 0ss ibl e f or his ships to come to protect them against the Hollander ; but his Majesty will do the best he can. Howsoever, he would have the Spaniards prepare themselves for the worst, for they cannot imagine but that he will have to limit a time for their abode in his port. In the mean time, he shall keep them from hostility, if it be possible, and his Majesty hath given the best order he can to that purpose.' Cardenas was also to be told 'how great a prejudice it would be to the King if they should fight in the harbour, for if any ships should miscarry, and be sunk there, it would be the ruin of the best harbour in the kingdom.' " But," reported Porter, " it seems the Spaniard regards nothing but his own accommodation, nor will they look about them until the King assign him a day to set sail, the which will be required from him ; and when they are out of the port they must trust to their own force, for his Majesty ' will protect them no farther." If, in short, the Spaniards were to be sunk, they ought to oblige the King by choosing deep water to be sunk in. Charles, Oct. io. however > was prepared to face even the disagreeable A conflict alternative of a combat in the Downs. On the roth expected. Suffolk was directedj as Lord Warden of the Cinque Ports, to provide board and lodging for any Spaniards who might take refuge on shore, in case of a fight, at least as long as they were able to pay for his hospitality. 2 A man who is so uncertain of his intentions as Charles 1 Northumberland to Pennington, Oct. 8, S. P. Dom. ccccxxx. 47. 2 Porter to Windebank, Oct. 9 ; Winclebank to Suffolk, Oct. 10, ibid* ccccxxx. 57, 60. 1639 POWDER FOR OQUENDO. 67 had shown himself to be, ceases to have the power of making Oct 12 his intentions respected. On the isth Cardenas was offers of occupied with Windebank in drawing up an engage- 'Cardenas i T--I *iii r <--> ment, by which a considerable sum of money was to be secured to Charles in return for his protection, when un- expected news arrived from the Downs. 1 The reply of the Oct 8 French Government to Charles's overtures was written The French on the 8th. Of his demand, that his nephew should 3 told > before the Committee of Eight, nSStfve? the long story of Scottish disobedience. That Scot- land must be coerced was accepted as a necessity ; but there were long debates as to the best means of effecting this object. December. Some of the members of the Committee talked, as Debate on Privy Councillors had talked twelve years before, the means of J : ^ , making war. of establishing an excise by prerogative. Others suggested that the precedent of ship-money should be applied to the land forces, and that each county should be required to support a certain number of soldiers. Wentworth's voice rose clearly above this Babel of tongues. He insisted that a Parlia- wor th nientj and a Parliament alone, was the remedy fitted proposes a for the occasion. Laud and Hamilton gave him their Parliament. SU pp Ort He carr i e d his point with the committee. What was of more importance, he carried it with the King. It is not to be imagined for a moment that Wentworth had 1 Rossingham's News-Letter, Nov. 12, Add. MSS. 11,045, fol. 72. * See Vol. VIII. page 383. 8 Rossingham's News-Letter, Dec. 3, Add. MSS. 11,045, fol - 7& 76 THE ASCENDENCY OF WENTWORTH. CH. xc. any intention of lowering the flag of the monarchy in the pre- His fate* sence of the representatives of the nation. What he tions. proposed was but an experiment and nothing more. " The Lords," as Windebank expressed it, " being desirous that the King and his people should meet, if it were possible in the ancient and ordinary way of Parliament, rather than any -other, were of opinion his Majesty should make trial of that -once more, that so he might leave his people without excuse, and have wherewithal to justify himself to God and the world that in his own inclination he desired the old way ; but that if his people should not cheerfully, according to their duties, meet him in that, especially in this exigent when his kingdom and person are in apparent 1 danger, the world might see he is forced, contrary to his own inclination, to use extraordinary means rather than, by the peevishness of some few factious spirits, to suffer his state and government to be lost." 2 On December 5 the discussion was transferred to the Council itself. Traquair made a formal report of his mission. Dec He painted the disobedience of the Scottish Parlia- Traquair's ment in the blackest colours ; all the blacker perhaps thl^PH^ because he knew that he was regarded at Court as -Council. an accom pij ce O f t ft e Covenanters, and that it was reported that he had said at Edinburgh that his Majesty , desired but the shadow, but would be content to Wentworths . . .advice quit the substance. Went worth s advice was unani- a opte . m ously accepted by the Council. Those members who were in any way favourable to the Scots were also those who desired most heartily to see another Parliament at Westminster. Before giving his formal consent to the proposal, Charles requested the Council to advise him on the financial situation. The Coun- ^ was certain that no further help was to be expected .cmor's loan. from the city> The loan which had been demanded in the summer had been absolutely refused, and repeated pressure had only produced an offer of io,ooo/. as a gift : an offer which was at first rejected as insufficient, and only 1 In the old sense of ' evident.' 2 Windebank to Hopton, Dec. 13, Clar. S. P. ii. 81. 1639 THE COUNCILLORS* LOAN. 77 accepted when it became evident that no more was to be had* The King now asked the Councillors whether, < if the Parlia- ment should prove as untoward as some have lately been, the Lords would not then assist him in such extraordinary ways in the extremity as should be thought fit.' They unanimously voted in the affirmative. On this the King announced that Parliament should be summoned for April 13, and that Went- worth should first proceed to Ireland to hold a Parliament at Dublin, which would doubtless set a good example to the English Parliament which was to follow. 2 It is impossible not to recognise the hand of Wentworth here. It was no mere financial operation that was in question. Parliament was to be made to feel that the King did not rely on its vote alone. Before the Council broke up, it was resolved that its members should at once offer a loan to the King. Wentworth led the way with 2o,ooo/. Coventry, Manchester, and Newcastle followed with io,ooo/. apiece. The whole loan was fixed at 3oo,ooo/. In a few days the subscriptions amounted to- i5o,ooo/., and 5o,ooo/. more were gathered before Christmas. 3 Wentworth's next care was to preserve the appearance of magnanimity. The Scots were not to have it in their power The Scots to say that the King had refused to listen to them. In s P ite > therefore, of the dismissal of Loudoun and Dunfermline, Traquair was directed to return to Edinburgh, and to inform the committee left behind by the 1 Rossingham's News-Letter, Aug. 6, 13, Add. MSS. 11,045, fol. 43, 45- 2 Windebank to Hopton, Dec. 13, Clar. S. P. ii. 31. 8 The King to the Lords of the Council, Dec. 6, S. P. Dom. ccccxxxv. 37. Rossetti to Barberini, Dec. ^, R. 0. Transcripts. Aerssens to the Prince of Orange, Dec. jp, Arch, de la Maison d* Orange-Nassau, Ser. 2 y iii. 155. The payments cannot be traced on the Exchequer Books, as they were secured as anticipations on payments hereafter to be made by the subscribers, and anticipations do not appear on these books. Wentworth's money, for instance, was secured out of the Northern recusancy fines, of which he was the collector, and which he would keep in his own hands till the 20,ooo/. had been paid off. There is, however, a complete list of the payments in S. P. Dom. ccccliii. 75. 78 THE ASCENDENCY OF WENT WORTH. CH. xa Parliament, that if they still wished to send a deputation to the King they were at liberty to do so. In England the unexpected announcement of a Parliament was received with joyful surprise. The surprise was not ac- Rece tion of com P anied with anv feeling of gratitude to the King. the news in The very precautions which had been taken were ns " ' certain to arouse suspicion. It might reasonably be argued that if Charles had purposed a thorough reconciliation with his people, he would not have thought it necessary to for- tify himself with the Privy Councillors' loan. Graver rumours icionsof to were fl atm g i n tne au "* ft was whispered that the King's the army was to be raised, not to fight the Scots, but 'to intimidate Parliament. The members would be called on to deliberate amidst the clash of arms,, and would be called upon to vote away under durance the ancient liberties of Englishmen. Anyone who ventured to raise his voice against the Court would pay for his audacity with his head. 1 It is easy to say that such suspicions were unfounded and unreason- able, but it is impossible to deny that it was natural that they should be entertained. Both Charles and Wentworth under-estimated the strength of the opposition against their policy too much, to make them The Opposi- e ven tnink of recurring to violence. Nor is it at all coTsSousof likely that even those who felt most bitterly against its strength, the Government were aware how strong was their -position in the country. In the seventeenth century, when Parliament was not sitting, our ancestors were a divided people. Each county formed a separate community, in which the gentry discussed politics and compared grievances when they met at quarter sessions and assizes. Between county and county there was no such bond. No easy and rapid means of communica- tion united York with London, and London with Exeter. No newspapers sped over the land, forming and echoing a national ^opinion from the Cheviots to the Land's End. The men who grudged the payment of ship-money in Buckinghamshire could only learn from uncertain rumour that it was equally unpopular 1 Bellievre to Chavigny, Dec. ~, Arch, dcs Aff. .tr. xlvii. 650. 1639 LAUD'S UNPOPULARITY. 79 In Essex or in Shropshire. There was therefore little of that mutual confidence which distinguishes an army of veterans from an army of recruits, none of that sense of dependence upon trusted leaders which gives unity of purpose and calm reliance to an eager and expectant nation. If the sense of union was wanting to the opponents of the -existing political system, it was still more wanting to the oppo- m , nents of the existing ecclesiastical system. Disin- 'The eccle- , . . . . _ . J siasticai clmation to pay money which is not regarded as opposition. legally due is a simple feeling. The dislike felt for Laud's ecclesiastical policy was by no means so simple. Many persons wished to see the Prayer Book replaced by the unceremonial worship of New England or Geneva. A larger number wished to retain the Prayer Book with certain altera- tions. Others again would leave the Prayer Book itself un- touched, but would interpret the rubrics as they had been interpreted in the days of their boyhood, when the communion- table stood in the centre of the church. Behind all these there was a body of resistance not called forth by any ecclesiastical or religious feeling whatever, but simply rising from the dis- satisfaction of the gentry with the interference of the clergy. How widely spread the latter feeling was, neither Charles nor Laud had any notion. Laud's certificate of the condition Laud's f t ^ ie Church during the past year was written in a report. cheerful tone. 1 The Bishop of Peterborough had stated that few of the laity were factious, excepting where they were misled by the clergy. "This," noted Laud, "is too true in most parts of the kingdom." If Laud had been right in this, his task would not have been as hopeless as it was. A little more care in weeding out clergymen of the wrong stamp, and a steady persistence in scrutinising the character of candi- dates for ordination, would have reduced England to the proper ecclesiastical pattern. Nor was evidence wanting which might seem to encourage a hopeful view. During the last months of 1639 and the first months of 1640, the Act Book of the High Commission Court , v. 361. So THE ASCENDENCY OF WENTWORTH. CH. xa only records the deprivation of one clergyman, and that for open and unblushing drunkenness. 1 The books of the Official's Court of the Archdeaconry of Colchester courts. ^ muc k t k e same ta j e> The t j me Q f the court was . mainly occupied with those cases of immorality which would have been even more severely visited by the Puritan clergy than by the Laudian courts. Amongst the charges of another description were complaints against persons who behaved in- decently in church, who refused to bow at the name of Jesus, who worked in the fields on saints' days, and even on one occasion on the day of Gunpowder Plot. Women were reprimanded for chat- tering or sewing in church, and more frequently for refusing to appear veiled when returning thanks after childbirth : a practice on which Laud insisted with unusual vehemence, and to which they objected strongly, apparently from the imaginary resem- blance of the required veil to the linen sheet worn in pen- ance by the unchaste. Many persons, too, were summoned for absenting themselves from church ; but their excuses and promises of amendment were readily admitted. The fines imposed were small, and penalties infrequent ; though they undoubtedly caused considerable irritation whenever they were inflicted. 2 The dissatisfaction called forth amongst the Puritan clergy was suppressed rather than overcome. Hundreds unwillingly administered the Communion at the rails. In one part of England the ill-feeling of the clergy was peculiarly strong. Wren had lately been removed from Norwich to Ely, and The diocese ^ Q Puritan diocese of Norwich was handed over to- of Norwich. Montague, the chief mover in the scheme for the reconciliation of the Churches of Rome and England. Yet 1 Sentence on Rawson, Feb. 6. High Commission Book, S. P. >om. ccccxxxiv. fol. 92. * The Act Books are kept in a room over the porch of the parish church at Chelmsford, and are in the charge of the registrar. I have to- thank the Rev. Sir J. Hawkins, Bart., and F. T. Veley, Esq., for their kind assistance in helping me to see these books at a time when the illness of the late registrar made it difficult for me to procure access to them in the ordinary way. Extracts from the books are given by Archdeacon Hales, in his Series of Precedents and Proceedings. 1639 LAUD AND THE SECTS. 81 even Montague was deceived by the external signs of quiet. " This diocese," wrote Laud in his report, " my lord the Bishop assures me is as quiet, uniform, and conformable as any in the kingdom, if not more ; and doth avow it that all which stood out in Suffolk as well as Norfolk at his coming to that see, are come over, and have now legally subscribed and professed all conformity, and, for aught he can learn, observe it accordingly. Yet his lordship confesses that some of the vulgar sort in Suffolk are not conformable enough, especially in coming up to receive at the steps of the chancel where the rails are set ; but he hopes by fair means he shall be able to work upon them in time." Some, indeed, whether of the vulgar sort or not does not appear, attempted a counter-stroke. They indicted at the indictment assizes a minister who had declined to administer ofaminister. tne Communion to them in their seats. The judges, as might have been expected, refused to interfere in a matter purely ecclesiastical, but the attempt was significant of the spreading feeling that the institutions of the Church ought to be brought into closer harmony with the religion of the laity. The sullen ill-feeling of the gentry and middle class gave encouragement to the wilder and more vehement Puritanism August of t* 1056 whom Laud contemptuously styled the Spread of vulgar sort The excitement amongst these men the sects. ^^ s evidently rising. The Archbishop was forced to confess that even in his own diocese the Church courts were unable to keep down the Separatists and the Anabaptists, and that, if they were to be got rid of, it would be necessary to force them to abjure the realm. 1 In London one of these men died in prison. His corpse was followed by two hundred members of his own sect To questioners who inquired the name of the deceased, they answered fiercely, that he was ' one of the Bishop's prisoners.' When they reached the burial-ground * they, like so many Bedlams, cast the corpse in, and, with their feet in- stead of spades, cast and thrust in the mould till the grave was almost full ; then they paid the grave-maker for his pains, who 1 Works ; v. 361, VOL. IX. G 82 THE ASCENDENCY OF WENTIVORTH. CH. xa told them that he must fetch a minister ; but they said he might spare his labour.' l The feeling engendered by such manifestations in the minds of the supporters of established order was one of angry vexa- tion at the presence of an unpalatable evil against which it was impossible to guard. Even the Privy Council was at one moment carried away so far as to meditate an act of abnormal cruelty. In July information was brought to Laud that a cer- tain stonemason of Dover, named John Trendall, had refused to take the Oath of Supremacy, and had ex- pounded the Scriptures in his own house. Further, he had denied that the Lord's Prayer ought to be used, had expressed disapproval of the Creed, and had kept away from church on the ground that it was against his conscience to worship under the authority of the bishops. Laud referred the matter to the Council, and, after consultation with the Attorney and Solicitor- General, the Council actually applied to Archbishop Neiie con* Neile, who had been Bishop of Lichfield at the time suited. w hen Wightman and Legate were burnt in his diocese in 1611, to certify the nature of the proceedings in their case. 2 Neile was not content to give a simple answer to the ques- tion put to him. He not only gave a full narrative of the cir- cumstances attending the execution of the two heretics, for burning but he declared his conviction that the punishment of (heretics. a great ^ Qf gQod in ^ Church. 1 '"I fear me," added the Archbishop, "the present times do re- quire like exemplary punishment." * By the time that Neile's report arrived, the Council had ireturned to a better frame of mind. Trendall was ordered to take the Oath of Supremacy, and this time he did not re- fuse. Subsequently he was sent to give an account of himself before the High Commission. At first he refused to acknow- 1 Memorandum to Dr. AIsop, Aug. 31, S. P t Dom, ccccxxvii. 107. 2 The Mayor and Jurats of Dover to Laud, July 27. Examination of Trendall, July 27, S, P. Dom. ccccxxxii. 27 i. 27 I. i. Council Register^ July 31, Aug. 2. 3 Neile to Laud, Aug. 23. Becher to Mottershed, Nov. 9, S. JP. Dom. ccccxxvii. 78, ccccxxxii. 27. 1 639 TREXDALDS CASE. 83 ledge the jurisdiction of the court ; but, as its records are silent on his subsequent fate, it is probable that he 'Subsequent , , i i -n -i history of gave way and was released. 1 At all events, there irendaii. ^^ nQ | on g er arl y thought of sending him to the -stake, and there is reason to believe that he became a Puritan minister under the Long Parliament, and lived on into the reign of Charles II. 2 Little did Charles imagine that such men as Trendall would be a power in England before many years were over. If he felt any apprehension of the coming Parliament, it was of a different kind. Whatever that apprehension may have been, he looked with confidence to Wentworth to overcome opposi- tion in England as he had formerly overcome opposition in Ireland. At last he was prepared to confer upon his faithful i6 Q Minister that token of his confidence which he had Jan. is. twice refused before. On January 1 2 Wentworth -to be'SS^f received the Earldom of Strafford, and a week later straffbrd. he exc hanged the title of Lord-Deputy of Ireland for the higher one of Lord- Lieutenant, which had last been borne by Devonshire, when he lived in England and governed Ireland ,by a deputy. 1 Coiincil Register \ Aug. 1 8. Day to Coke, Aug. 25, S. P. Dottu ^ccccxxvii. So. The extracts from the High Commission Book are in Mr. Hamilton's Preface. 2 A petition from a John Trendall to Charles II. , asking not to be ituraed out of his cure, has recently been discovered by Mrs. Everett Oreen. ^84 CHAPTER XCL THE SHORT PARLIAMENT. BEFORE the new earl left England arrangements were made for levying the army which was to march against Scotland in the 1640. summer. According to the scheme adopted by the A/^myto Council of War, it was to consist of 23,000 men.* i>e raised. This time there was to be no attempt to save a few- thousand pounds by calling upon the peers to serve at their own expense. Neither Arundel nor Essex nor Holland was to receive a command. The Lord-General was fo- ment of com- be the Earl of Northumberland, in whom Strafford manders. pi ace d his confidence. Another of Stafford's friends,. Lord Conway, the son of the secretary of Charles's earlier days, was to command the Horse. Strafford himself was to serve as- Lieu tenant- General under Northumberland, and to take the field with a force of 1,000 men, which were to follow him from Ireland Sir John Conyers, a military man of reputation in the Dutch service, was to take the command of the garrison at Berwick. 2 With such appointments there was likely to be less- personal rivalry between the superior officers than in the pre- ceding year. Civil offices which fell vacant about this time were less wisely filled. On January 14 the death of Lord Keeper Jan. i 4 . Coventry deprived Charles of the services of the most Death of prudent amongst his counsellors. As a lawyer of the Coventry. ^ school, Coventry had been on the side of the pre- rogative against the new ideas of Parliamentary supremacy, but 1 Resolutions at the Council of War, Jan. 10, S. P. Dom. ccccxli. 83. 4 Cave to Roe, Jan. 10 ; Northumberland to Conyers, Jan. 12, S. P* Dom. ccccxli. 92, noi. T6 4 o OFFICIAL CHANGES. 85 he had always shrunk from the extravagant applications of his own theory which were urged upon him by men of observation inferior to his own. Only a few months had passed since he had opposed in Council the wild projects suggested for the support of the army ; and, if a not improbable report is to be trusted, he conjured the King on his death-bed to endure patiently any opposition which might arise in the coming Parlia- ment, and to * suffer it to sit without any unkind dissolution.' l Charles showed how little he appreciated his advice Finch,' Lord by appointing Finch as his successor, who, as Speaker, Keeper. j^ been ^3 ^ own j n the chair in 1629, and who, as judge, had passionately advocated the King's claim to ship- money in its most extreme form. Another vacancy had to be filled up about the same time. Sir John Coke's tenure of the Secretaryship had long been Coke regarded as uncertain. He was growing too old for Sthd cd nis work - Other causes besides his age affected his missal. position. Many counted him a Puritan, or, in other words, an opponent of the existing ecclesiastical system. He was suspected of drawing a pension from the Dutch Govern- ment, and since the attack in the Downs all friends of the Dutch Government were in ill odour at Whitehall. 2 In Novem- ber StrafFord had been favourable to his removal, an ^3 sup p rted the claims of Leicester, the ambas- A * sador at Paris, to the vacancy which would be created. Leicester was married to Northumberland's sister, and, like Northumberland, he belonged to that section of the nobility which was distinctly Protestant without being Puritan, and which was disposed to support the King against rebellion, without favouring an arbitrary exertion of the prerogative. Stratford was well aware of the importance of conciliating this class of men, and he had special reasons for favouring Leicester, whose cause was pleaded by his wife's sister, Lady Advocacy of Carlisle< La( ty Carlisle had now been for many years Carlisle. a w ^ O w. ghe had long been the reigning beauty at Court, and she loved to mingle political intrigue with social ii. 137. 2 Salvetti's News-Letter, Jan..^. proposed as Jus sue- 86 TffjE SHORT PARLIAMENT. CH. xci.. intercourse. For politics as a serious occupation she had no aptitude ; but, in middle age, she felt a woman's pride ia attaching to herself the strong heads by which the world was, ruled, as in youth she had attached to herself the witty courtier or the agile dancer. It was worth a statesman's while to culti- vate her acquaintance. She could make him a power in society as well as in council, could worm out a secret which it behoved him to know, and could convey to others his suggestions with Lady assured fidelity. The calumny which treated Stratford, Carlisle as j t afterwards treated Pym, as her accepted lover, strafford. may be safely disregarded. Neither Strafford nor Pym was the man to descend to loose and degrading de- bauchery, But there can be no doubt that purely personal motives attached her both to Strafford and Pym. For Staf- ford's theory of monarchical government she cared as little as. she cared for Pym's theory of parliamentary government. It may be, too, that some mingled feeling may have arisen in Stafford's breast. It was something to have an ally at Court ready at all times to plead his cause with gay enthusiasm, to warn him of hidden dangers, and to offer him the thread of that labyrinth which, under the name of c the Queen's side,' was such a mystery to him. It was something, too, no doubt, that this advocate was not a grey-haired statesman, but a woman,. in spite of growing years, of winning grace and sparkling vivacity of eye and tongue. The Queen, too, was enlisted on Leicester's side, probably through Henry Percy, Northumberland's brother, who was also a brother of Lady Carlisle and Lady Leicester, and who stood high in her favour. Yet, in spite of his wijfe , g p]^^ Charles would not hear of her candi- date. Whatever the cause may have been, North- rejected, umberland singled out Laud as the author of the mischief. " To think well of the reformed religion," he wrote,, "is enough to make the Archbishop one's enemy." 1 A new combination was now proposed. At Hamilton's 1 Northumberland to Leicester, Nov. 21, Dec. 13, Sydney Papers, 618, 623. . 1 640 A NEW SECRETARY. 87 suggestion the Queen put forward Vane. Stratford knew him. Vane pro- as an inefficient, self-seeking courtier. He had also posed. given Vane personal offence, which was not likely to be forgotten. Though the estate of Raby was in Vane's posses- sion, Strafford had chosen the barony of Raby to give a subsidiary title to his earldom. 1 Rather than see Vane in office, Strafford urged that Coke should be retained. He was borne down by the influence of Hamilton and the Queen, and on February 3 Feb Vane became Secretary of State. 2 Vane's son had Becomes ' been brought, in the preceding spring, to some out- Secretary. war( j show of conformity, and, as Joint Treasurer of the Navy, was engaged, amongst other occupations, in reckoning up the payments of ship-money as they came slowly in. The appointments which had just been made were not likely to smooth away the real obstacles to a good understanding January, between Charles and his people. He could hardly, Vaiendn? however, venture to face a Parliament without libe- and strode, rating Valentine and Strode, the two of the com- panions of Eliot's imprisonment who still remained in custody. They had been the confessors, as Eliot had been the martyr, of the Parliamentary faith. After a seclusion from the world of almost eleven years they stepped forth into freedom. 3 Whilst Charles was calculating the chances of a Parlia- mentary grant for his Scottish war, the Queen was, naturally ig enough, alarmed at the probability that Parliament The Queen would ask for a renewal of the persecution of the abouTihe Catholics. Con, who had pleaded their cause with Catholics. j^ SQ succes sfiilly, had left England in the preceding autumn, and had died soon after his arrival in Rome. August. His successor was an Italian prelate, the Count Rossetti at RossettL Rossetti's first impression of England had Court. b een one O f amazement at the liberty enjoyed by September. t ^ e Catholics, and more especially at the language of Windebank, who, though ostensibly a Protestant, spoke to him ' like a zealous Catholic,' and offered to give him "every 1 Cave to Roe, Feb. 7, S. P. Dom. ccccxliv. 54. 2 Clarendon's account is borne out by Rossetti's despatches. Rossingham's News- Letter, Jan. 24, Add. MSS. 11,045, fol. 87. 88 THE SHORT PARLIAMENT. CH. XCL information of which he might stand in need. 1 As soon as he heard of the approaching meeting of Parliament, he appealed Asks proteo to the Queen for protection against the very probable tj e n against Demand of the Commons for his own dismissal The mem. Queen carried his representations to her husband, and returned with comforting assurances. Charles had told December, her, that if the point were raised he would reply that Plans for ne r right to hold correspondence with Rome was securing the . _, . . Catholics, secured by her marriage treaty. "This," she ex- plained to Rosetti, " is not true, but the King will take this pretext to reduce to silence anyone who meddles with the matter." 2 Before long this precious scheme broke down. The necessary secrecy was not observed, and the project reached l640a the ears of Coke. Coke, who was out of humour at February. n j s own dismissal, went about assuring all who would listen to him that the treaty did not contain a word about a correspondence with Rome. Another scheme which presented itself to the Queen's mind was still more unwise. Many of the The Catho- Catholic peers were prevented from taking their seats bl a p nowedto in t ^ ie House of Lords by their refusal to take the sit and vote. Qath of Allegiance. It was now suggested that the lords had no right to impose this qualification, and it was hoped that, if it was abandoned, the Catholics would be better repre- March. seiited in Parliament than had hitherto been the case. The Queen Yet the Queen could not but feel that, even if she had applies to Strafford. her wish in this matter, the prospects of the Catholics were very unfavourable. She applied to Strafford for help. Strafford answered civilly, but his civil answers did not inspire confidence. He was always an enigma to the Queen and her friends. Rossetti was not quite sure whether he was a Protes- tant or a Puritan, but was inclined, on the whole, to regard him as a Puritan. 3 If he meant, as he probably did, that Strafford 1 Rossetti to Barberini, Sept. ~, R. 0. Transcripts. 2 "II chesebene non e vero, vuole nondtmeno valersene il Re per pretesto per ribattere chiunque sara per trattarli di questo fatto. " Rossetti to Barberini, ^ '^, ibid. 3 Rossetti tTteberini, March '** 1640 PROPOSED ALLIANCES. 89 had no wish to favour the Catholics, he was doubtless in the right. So slight were Charles's hopes of a successful issue of the Parliament which he had summoned, that he was already !6 3 9. looking abroad for the support which was likely to *' at home. Since the sea-fight in the Downs Delations anc j th e detention of the Elector Palatine, he was France, more alienated from France than before, and more convinced that Richelieu was at the bottom of his Scottish troubles. His relations with the States- General were equally ^ . unsatisfactory. Aerssens, indeed, had arrived on a .and with the . . _ J . . ' . . . Nether- mission of explanation; but his explanations con- sisted simply in an assertion that Tromp had been doing good service to Charles by destroying the fleet of the common enemy ; and that, at all events, he had only followed the precedent set by Charles himself in 1627, when he seized a French ship in the neutral harbour of the Texel. 1 Charles Proposed showed his displeasure in his reception' of a proposal SfEnfifa^ m ade to him at this time for a marriage between his Slon^f th? e ^ est daughter Mary and the only son of the Prince Prince of of Orange. He told Heenvliet, the confidential ^1640. agent of the Prince, that if he asked for his second January, daughter, Elizabeth, he might take the request into consideration. As the child was only four years old, the change was not likely to give satisfaction at the Hague. 2 Charles had, in fact, another alliance in view. That veteran intriguer, the Duchess of Chevreuse, had suggested that Charles's February, eldest son and daughter should be united to the Imposed daughter and the son of the King of Spain. It was marriage. known that a new Spanish ambassador, the Marquis of Velada, would soon be in England to join Cardenas in urging Charles to avenge the insult which had been offered him by the Dutch, Sir Arthur Hopton, the English agent at 1 Aerssens and Joachimi to the States- General, Dec. ^, Add. AfSS. 17,677, fol. 146. See Vol. VI. page 187. 2 Heenvliet to the Prince of Orange, *^' **, Jan. * , Groen van Prin. sterer, Archives^ Ser. 2, iii. 159, 169. 90 THE SHORT PARLIAMENT. CH. XCL Madrid, was instructed to hint that if Vela da brought proposals, for a new Spanish marriage, they would be favourably received. 1 It was not, indeed, likely that the overture would be really- made. As usual, Charles took care to make the Spaniards, understand how little his alliance was worth. Hopton was to Feb say that his master found c himself in a great strait * Hopton's in consequence of the occurrence in the Downs. It instructions. wou j c j j^ as d an g erous to show a sense equal to the affront ' as to show * none at all.' If he demanded reparation from the States, there would be no course open to him, in the probable event of a refusal, short of a declaration of war ; and, as matters stood, a declaration of war was simply impossible.. What he wanted, in short, was that Philip should help him out of his present difficulty, on the understanding that he would help Philip in turn when he was in more prosperous cir- cumstances. The reply made by Olivares was not encouraging. He would hear nothing of an alliance unless Charles would actually Feb. is. declare war against the Dutch. In that case the old oSSSs * secret treaty, negotiated by Cottington for the par- tition of the Netherlands, should be revived, and Charles might choose any part of the Dutch territory which suited him best. If this offer was accepted, the King of Spain would do that which had been asked in vain in the preceding summer. He would lend Charles eight or ten thousand veterans in exchange for the same number of recruits. On the subject of the marriage Olivares was extremely reserved. In reporting this conversation Hopton warned Charles that he had little to expect from the Spaniards. They had now March 12. but few ships and less money. Their habit was to- promise mountains and perform molehills. 2 These overtures to Spain were perhaps to some extent owing to Charles's prior conviction that the Scottish troubles- J Aerssens to the Prince of Orange, ^ H> Groen van Prinsterer,. Archives^ S&r. 2, iii. 165. 2 Windebank to -Hopton, Feb. 7 ; Hopton to Windebank, Feb. 18,. March 12, Clarendon MSS. 1,351, 1,353, 1,362. : 1639 FRANCE AND SCOTLAND. 91 were the result of Richelieu's intrigues. As a matter of fact, 1639. Richelieu had taken no part in them. It is true, Rebttau indeed, that in May 1639 a certain William Colvill scotilnd and k a d been instructed by the Covenanting leaders 'France. to visit the Hague and Paris, in order to ask for the mediation of the States-General and the King of France, whilst another agent was to go with a similar object to the Queen of Sweden and the King of Denmark. Scruples, however, against the propriety of asking for foreign intervention prevailed; and, though the letters which these agents were to have carried were written, they were not despatched. l In proposing to make application to France, the Scots did but revive the old policy of their ancestors. The memory of the ancient league had not died away. Scottish archers still guarded the person of the King of France, and Scottish visitors to Paris in need of protection were in the habit of going straight to Richelieu's Scottish chaplain Chambers, seldom troubling themselves to pay even a visit of ceremony to the English Ambassador. Even in our days it has sometimes happened that a Scotsman can procure unwonted attention in Paris by the mere mention of his nationality. The policy of giving active assistance to the Covenanters had a warm advocate in Bellievre. He had long ago entered into communication with their leaders, and had sent advocates emissaries to Scotland to watch the course of affairs. intervention. ^^ Dunfermline and Loudoun arrived in London at the end of the year, they sent to the Ambassador to ask December *" or Drench support in case of need. In return, they Offers of m ' were ready to engage to make no further treaty with Dunfermiine charles in wh j ch their a ni ance with France was not Loudoun. recognised, as \vell as to stipulate for the admission of Scots to the Committee of Foreign Affairs, 2 where they 1 Baillie, i. 190. Draft to the King of France, Hailes^s Memorials, 60. The letter ultimately written is printed in RusJiworth^ iii. 1,119. In Mazure's Hist, de la Revolution^ ii. 405, where it is also printed, it is followed by an instruction which is of a later date, and has no connection with the abortive mission of 1639. 2 This proposal was based on a suggestion made by Bellievre in the autumn. <92 .THE SHORT PARLIAMENT. CH. xci. would be in a position to give warning of anything which might be contemplated to the prejudice of that alliance. Bellievre would gladly have fallen in with this proposal. Richelieu would not hear of it All through the summer he had been warning the Ambassador that it would be Richelieu . . . , . n refuses to unwise to enter into any engagements with the Scots. .accept them. ^^ sagac i O us Cardinal held that Charles would ruin himself without any effort on the part of France. He now 1640. positively ordered Bellievre not to mettle in the affairs BeiHevrX* ^ Scotland. It was probably in consequence of this recall. rebuff that Bellievre was recalled, at his own request. Early in January he returned to Paris. 1 In the beginning of February Traquair arrived in London, .bringing with him the Scottish Commissioners who had been Februar - deputed to lay the case of their countrymen before Scottish ' the King. By neither side could it be seriously ex- SoTe?sT n pected that any good would result from their mission ; London. an( j Charles was more especially distrustful because Traquair had come Into possession 2 of the letter which the Covenanters had intended to send to France by Loui s e faiis Colvill in the preceding spring. When Charles saw Charles's it he was confirmed in all his suspicions. Now, he hands. thought, he would be able to prove to all men that religion had been but the pretext under which the Scots had cloaked deliberate treason. Feb. 18. Nor were the Scots more hopeful of a satisfactory issue - The 7 did not > indeed, break out into open res i stance j an< i they even allowed a hundred English eb 19. soldiers to enter the Castle of Edinburgh, as a re- dstched i n f rcement f Ettrick's scanty garrison. 3 Yet they to France, knew that they must be prepared for the worst, and, on the day after the soldiers entered, Colvill was despatched to 1 Chavigny to Bellievre. Louis XIII. to Bellievre, April z 5 -, Dec, ^ "^ 3 9 , BibL Nat. Fr. 15,915, fol. 302, 393, 398. Bellievre to De la Barde, J e 27 , Arch, des Aff. Etr. xlvii. 510. 2 Balfour, iii. 76. 3 Kttrick to the King, Feb. 18, S. P. >om. ccccxlix. 58. 1640 A LETTER TO LOUIS. 9$ France with a second letter asking for the mediation of Louis; in the name of the ancient league. 1 To this letter Montrose's signature was appended. If he was tending towards Charles, he had not yet gone over to him Montrose's altogether. It was necessary to keep up appearances, position. an j n December he had been compelled by popular clamour to refuse an invitation to Court which had reached him from Charles himself. 2 Yet it would probably be unjust to ascribe his conduct simply to a wish to keep up appearances. It may very well be that Charles's reluctance to throw the bishops frankly overboard had its effect upon Montrose as well as upon others. How much Charles's hesitation on this point contributed to give strength to his political opponents is evident to all dispassionate inquirers. Sir Thomas Hope was one of the most fanatical of the Covenanters. " My lord," verat?on n " he said one day to Rothes, who had assured him with Rothes. that the King meant to rest0 re the bishops, "let no- reports move you, but do your duty. Put his Majesty to it, and if it be refused then you are blameless. But if on these reports ye press civil points, his Majesty will make all Protestant princes see that you have not religion for your end, but the bearing down of monarchy." 3 If Charles expected to derive any strength from the monarchical sentiment which was still living in Scotland, he must agree quickly with the Presbyterians. "Unluckily for Charles, it was to England rather than to* Scotland that he was looking for help. In his discussions with the Scottish Commissioners he showed no alacrity The Scottish , , - ~ , , , , Commission- to win the hearts of Scotsmen by any plain declara- ers heard. Sll ^j ect o f Episcopacy. After some pre- liminary fencing, he took up the position that c the supreme magistrate must have authority to call assemblies and to dissolve them, and to have a negative voice in them as is accustomed in all supreme powers of Christendom. 3 4 He 1 The Covenanters to Louis XIII. , Feb. 19, BibL Nat. Fr. 15,915, fol. 410. The instructions printed by Mature, ii. 406, refer to this mission. 2 Montrose to the King, Dec. 26, Napier, Memoirs of Montrose^ i. 228.. 3 Hope's Diary, Jan. 14, 115. 4 Ruskworth, iii. 1035. 94 THE SHORT PARLIAMENT. C H. xci'. felt truly that the proposed acts contained nothing less than a political revolution; but he had nothing positive to offer. Even when the Commissioners observed that, after all, the Bills had not yet passed the Articles, and were consequently still open to revision, he made no attempt to seize the opportunity by announcing his readiness to assent to the Bill for repealing the Acts by which Episcopacy had been legalised. No wonder the Commissioners were left under the impression that his reservation of the negative voice implied .a purpose to restore Episcopacy on the first favourable oppor- tunity. l These discussions, meaningless in themselves, were carried on in the midst of warlike preparations. On February 24 February. arran ementS were made for pressing 3O,OOO foot Preparations from the several counties south of the Humber, 2 the for war. northern shires being excused as having borne the burden heavily in the last campaign. At Edinburgh an appeal to arms was no less imminent. On the 25 th some Occurrences .., , .,, , , . , . . . , J in Edm- ill-built works which had been erected as a defence ^ rsh ' to the castle, fell down, and the population of the town refused to allow Ettrick to carry in the materials needed to repair the damage. A few days later the Earl of arcl ' Southesk, Sir Lewis Gordon, and other noted Royalists were seized and imprisoned. 3 The struggle for sovereignty in Scotland was evidently about to recommence. One gleam of hope shone upon Charles's path. On March 16 Stratford crossed the Irish Sea, suffering, as he was, from his March 16. old disease, the gout. "Howbeit," he gaily wrote set?out d for as he was P re P ari ng to embark, " one way or other, I Ireland. hope to make shift to be there and back again hither in good time, for I will make strange shift and put myself to all the pain I shall be able to endure before I be anywhere awanting to my master or his affairs in this conjuncture ; and therefore, sound or lame, you shall have me with you before the beginning 1 Rushworth, iii. 994, 1018. ". 2 Nicholas's Minutes, Feb. 24, S. P. Dam. ccccxlv. 6. 8 Ettrick to the King, March 2, II, 25, ibid, ccccxlvii. 6, 89, ccccxlviii. 81, Spatting, i. 260. 1640 STRAFFORD IN IRELAND. 95 of the Parliament I should not fail, though Sir John Eliot were living." l Stafford kept his word. On the i8th he landed in Ireland. The Parliament had been already two days in session. A body so equally divided was always at the disposal of a -thl?ri n sh strong ruler. With his little phalanx of officials well Parliament. j n hand, he could throw the majority in the House of Commons on which side he pleased. In 1634 he had thrown it on the side of the colonists of English birth. In 1640 he threw it on the side of the native Irish. Predisposed "by their religious ties to dread the victory of the Covenanting Scots, the Irish Catholics would be ready to follow Stratford at least so long as he could convince them of his power. When he left England he had intended to ask for six subsidies, a grant which was estimated as equivalent to 270,0007. On the recommendation of the Council, however, he contented himself with asking for four, or i8o,ooo/., on condition that the Com- mons would supplement it by a declaration that, if more were required, more should be given, 2 The demand was made on the 23rd. Never was there a greater appearance of unanimity. Abhorrence of the Cove- nanters expressed itself in every word which was Foursubsi- uttered. The King was thanked for not having dies voted. ta k en w h at h e needed by a simple act of the prero- gative. He was assured that his Irish subjects would supply his needs if they left no more than hose and doublet to them- selves. When the vote was taken, not a single negative was heard. Hands were stretched aloft and hats flung into the air, in a burst of enthusiasm. Those who witnessed the scene declared that if one part of the assembly was more vehement than another, it was that in which the native Irish were to be found. 1 Strafford to (?), March 16, Strafford Letters, ii. 303. The editor gives this letter as written to Secretary Coke, though Coke was no longer Secretary. I suspect Conway to have been the recipient. The King to Strafford, March 2, 3. The Irish Council to \VInde- bank, March 19, 23, Strafford Letters^ ii. 391, 394, 396, 397. Cromwell to Conway, March 31, S. P. Dom. ccccxlix. 47. 96 THE SHORT PARLIAMENT. CH. xci. This exuberant loyalty found full expression in a declaration by which the grant was accompanied. 1 Its phrases sound unreal enough now. Yet they were doubtless not altogether unreal to those who uttered them. The zeal of the Irish Catholics, at least, was quickened by a lively anticipation of future favours. If they took the lead in the overthrow of the King's enemies, what could possibly be denied them ? In Stratford's eyes the declaration was a simple act of con- fidence in himself. The Irish, he wrote, would be as ready to- March 34. serve with their persons as with their purses. By the An Irish middle of May he would be ready to take the field army to be ,,-,,- r .-, levied. at the head of an army of 9,000 men, if only money were sent from England to enable him to make the first pay- ments before the subsidies began to come in. 2 The session was speedily brought to an end, and the Lord-Lieutenant recrossed the sea in hope to be as successful at Westminster as he had been at Dublin. The English elections were held in March. The returns were not to the satisfaction of the Court. Suspicion was doing The English its wor ^ among the electors and the elected. Men elections. spoke of the cavalry which was being raised for the Northern war as if it were intended to keep Parliament in check. When the members arrived in London, it was evident that they did not quail before the danger. Their talk was of limitations to be placed on the prerogative, and of calling in question the ministers by whom it had been unduly exalted. The work of the Long Parliament was already in their minds. 3 ' On the other hand, counsellors were not wanting to urge Charles to be prepared to resort to force, and, use force. m ^ k e |j e f Q f t h ose w h o were likely to be well informed, he cherished the idea as at least a possible resource in the not improbable event of a refusal of supplies. 4 As if to give warning of coming danger, he. appointed a consider- 1 Journals of the Commons of Ireland, i. 141. 3 Stratford to Windebank, March 24, Strajford Letters, ii. 398. 3 Salvetti's News-Letter, March -. ' 3 o 4 Giustinian to the Doge, March * 3 ' a , Ven. Transcripts R. 0. 1640 THE LETTER OF THE SCOTS. 97 able number of Catholics as officers in his new army, whilst all who were tainted with Puritanism were sedulously ex- cluded. 1 It was no immediate blow that Charles contemplated He placed great confidence in the effect likely to be produced even upon the new House of Commons by the revelation which he had in store. On the back of the letter the Scots to which Traquair had brought him was an address Au Louis. ^. It was evident to Charles not only that the Scots had committed treason in addressing Louis as their King, but that every reasonable person was certain to come to the same conclusion. The opinion of the House of Commons would in this way be gained over to his side. A copy of the letter was first sent to the King of France. 2 Louis, of course, disavowed having ever seen it before ; and, as the letter which he had seen was a different one, he was able to make this disavowal with at least literal truthfulness. Richelieu congratulated himself Louis. t k at k e had kept clear of all negotiation with the Scots. " By this event," he wrote, " M. de Bellievre will see that we have been more prudent than he." 3 Of those whose signatures were appended to the letter, one only was in Charles's power. Loudoun was one of the Scottish Committal Commissioners in London. He was at once corn- of Loudoun. m itted to the custody of one of the sheriffs, and the other commissioners shared his fate, though they had nothing to do with the letter. It is probable that Charles's real motive was to be found in his anxiety to cut off all communication between them and the members of the English Parliament. At all events, Loudoun was soon removed to stricter confine- ment in the Tower. In spite of the hopes which he founded on the effect of the letter which he had in his hands, Charles was depressed and 1 Rossetti to Barberini, ^g|-f , *- O. Transcripts* 2 The King to Leicester, April 1 1, Sydney Letters^ ii. 64$. * Richelieu to Chavigny, ^~* 4 , Awe/* vi. 689. VOL. IX. H $8 .' THE SHORT PARLIAMENT. C H. xcr. anxious. The Privy Councillor's loan had been all too little for his needs. In vain he called on the citizens to fuses to Tend lend him loojooo/. at eight per cent, for the necessary money - defence of the realm. Two days before the date appointed for the meeting of Parliament, the Lord Mayor and aldermen were summoned before the Council. Manchester assured them not only that they were sure to have the money repaid, but that they ought to be grateful to the King for offering such advantageous terms. The citizens were not to be persuaded by his eloquence. 1 Parliament was opened on April 13. The new Lord Keeper, who had recently been raised to the peerage as Lord A rfl i Finch of Fordwich, set forth at length the disloyalty Finch's I3 ' of the Scots, dwelt upon their unnatural conduct in openjngo? e opening negotiations with foreign states, and pointed Parliament. Qut ^^ now t k at fr^nd had been civilised, Scotland was the only quarter from which England was open to attack. It was in defence as much of his subjects as of himself, that the King had been compelled to raise an army. For the payment of that army money was urgently needed. In order to antici- pate any dispute about tonnage and poundage, a Bill had been prepared, in which those duties would be granted from his Majesty's accession. When this and a Subsidy Bill had been passed, Parliament would have some time to devote to the consideration of grievances, and, if the season of the year did not allow sufficient opportunity, another session should be held in the following winter. As soon as the Lord Keeper had finished his speech, the King called on him to read the intercepted letter. "The The letter to superscription," said Finch, "is this Ait JR.oL For xSigpS? tlie nature of which superscription, it is well known duced. to all that know the style of France that it is never written by any Frenchman to any but to their own king ; and therefore, being directed An Roi^ it is to their own king ; for so in effect they do by that superscription acknowledge him." As the letter itself bore no intimation of any such acknow- 1 Rossingham's News-Letter, April 14, S. P. Dom, ccccl. 88. 1 640 ATTACK ON SHIP-MONEY. 99 ledgment, the whole evidence of treasonable intention lay in the superscription ; and it is needless to say that this evidence was far too flimsy to support the weight which it was intended to bear. 1 Even if the superscription had been treasonable, there was nothing to connect it with any one of those by whom April i 4 . ^e l etter had been signed. On the i4th Loudoun Loudpun was examined. He asserted that he was completely ignorant of the French language, but that, so far as he knew, the letter was harmless. At all events, it had never reached its destination. Charles had gone too far to draw back. On the i6th the April 16. * etter was reac * by Windebank in the House of Com- The Com- iiions. It made no impression whatever there. The ceed S to r " Commons were far more interested in noting that Business. pinch had not had even a passing word to spare for the all-important subject of ship-money. 2 The intercepted letter was therefore simply ignored by the Commons. Harbottle Grimston, the member for Colchester, Grimston's wa s the first to break the ice. 3 He argued that, bad speech. as a Scottish invasion might be, the invasions made upon the liberties of the subjects at home were nearer and more dangerous. Not only ought triese grievances to be remedied, but an example ought to be made of those men with -whom they had originated. 4 Grimston was an excellent specimen of that great middle party, on whom devolved the burden of maintaining in its 1 No doubt Au Roi was not in any proper sense a direction. Several ^xers would be included in one packet, and marked AitRoi, Au Cardinal, &c., for the mere instruction of the bearer or receiver. 2 Rossingham's Navs-Lctter, April 14, S. P. Dom* ccccl. 88. The scanty notices of this Parliament which are to be found in Rushworth may >e largely supplemented from Rossingham's letters and notes. There is "^so a separate set ___J:es in HarL JlfSS. 4,931, fol. 47, and there are special reports of speeches amongst the State Papers. 3 This phrase, used by Clar^ _ Jon of Pym, is here used of Grimston, to whom it properly belongs. Clarendon's account of this session is nearly worthless. 4 JRushwort7i) iii. 1128. H 2 ioo THE SHORT PARLIAMENT. CH.XCI. essential parts the old constitution of the country. Born the second son of a baronet, he devoted himself in early type of a manhood to the study of the law. On his elder party. brother's death he gave up his profession as standing no longer in need of its emoluments. Soon afterwards he met and admired the daughter of Croke, the judge, who was to render good service to the State by his judgment in Hampden's case. He found that the old lawyer would not hear of a son-in-law who had turned aside from the legal plough, and, to gain a wife, young Grimston returned to the practice of the law. In 1638 he was appointed Recorder of Colchester, and he now sat in the Commons as member for that borough. He lived long enough to be able to boast that he had refused to take the Solemn League and Covenant, and that he had stood up alike against Laud and against Cromwell. He was a fitting Speaker of that Convention Parliament which recalled Charles II. without sharing in the violent intolerance of its successor, the Longg Parliament of the Restoration, and he died at an advanced age,?, two years before the accession of James II. Pious withoufg fanaticism, and charitable without ostentation, he was naturallyS distrustful of all that was new and unexpected, and in this her* did no more than reflect those conservative instincts which in every nation stand in the way of too rapid change. l Grimston was followed by Seymour, in a speech more especially directed against the ecclesiastical grievances. After Speeches of that Rudyerd discoursed, in his usual benevolent and mour wa y> on ^ ie v * rtue f moderation, and proved de- Rudyerd. cisively that he had grown neither wiser nor more resolute since he sat in the Parliament of 1628. As far as we know, no one rose in defence of Charles's government. Whilst the tide was thus running strongly against Charles's- system in the Commons, it received an unexpected blow in- The Lords ^ Upper House. At the end of the sitting, Laud refuse to moved, as usual, that, as the following day was ap- a joum. pointed for the sitting of Convocation, the House should adjourn over it, on account of the enforced absence of the bishops. Saye objected, on the ground that the presence 1 Collins's Peerage^ viii. 214. a 640 PYWS LEADERSHIP, 101 of the bishops was unnecessary to give validity to the proceed- ings of the Peers. Laud modestly answered that he asked for the adjournment not of right, but of courtesy. Finch came to the support of the Archbishop, stating that he was himself out of health, and that it would be difficult for him to attend, upon which the adjournment was voted solely on account of the Lord Keeper's inability to be present. It was evident that the bishops were as unpopular amongst the Lords as they were The Lords amongst the Commons. " The Lower House," was It?acVthe Northumberland's comment on that day's proceed- Bishops. j n g Sj (t fyj j nto amiost as great a heat "as ever you saw them in my Lord of Buckingham's time, and I perceive our House apt to take fire at the least sparkle." 1 The next day petitions from several counties, complaining April i 7 . of grievances of every kind, were presented to the from p t e he ions Commons. The courtiers described them as the counties. Scottish Covenant c wanting only hands.' If the petitions wanted hands, Pym gave them a voice. He .spoke for nearly two hours, at a length to which the Commons Pym-s f those days were unaccustomed. The speech itself, speech. sustained as it was by the fervour of strong convic- tion, had nothing of the poetic imagination for which members of earlier parliaments had never looked in vain to Eliot or "\Ventworth. Those who sympathised with Pym most thoroughly feared lest his long argumentative reasoning should strike coldly upon the ears of his hearers. When he sat down they knew that their fears had been unfounded. The general sense of the House was expressed by cries of " A good oration ! " 2 The House was in the right. Pym's speech was one of those which gain immeasurably by subsequent study. Its greatness consists far more in what the speaker left Its merits, _ . . _ i /-% * unspoken than in what he said. Others could have summed up the well-known catalogue of grievances as well. The words of the petitions were too distinct to allow much 1 Northumberland to Conway, April 17, S. P. Dow. ccccl. 101. 2 * * The best feared it would scarce have taken because it was so plain ; but at the end of it all cried out, A good oration \ " EarL MSS. 4,931* /ol. 47- 102 THE SHORT PARLIAMENT. CH. xcr. room for addition. That which marked Pym from henceforth as a leader of men was the moderation combined with firmness with which every sentence was stamped. It was easy enough to> start with an assurance that the King would be strengthened rather than weakened by granting the relief demanded. The Scotch Covenanters had said as much as that. But it was not easy to say things which must have been diametrically opposed to all the King's ideas, and yet so to say them as to give as. little offence as possible to men who had no sympathy with fanaticism or violence. It may possibly have occurred to Pym's hearers it will certainly occur to his readers that the cause which Pym and Eliot had alike at heart had gained not a little by the sad fate which had condemned the stainless martyr to an early grave. The first words with which Pym touched on the great ques- tion of parliamentary privilege showed how thoroughly he was in accord with Eliot's principles. The 'powers of " Parliament,' he said, are to the body politic as the le s e - rational faculties of the soul to a man. 3 The whole spirit of the coming revolution, at least on the political side, was to be found in these words. They made, indeed, the task of this Parliament hopeless from the first. It was the conten- tion of Charles against the Scots that he and no assembly, civil or ecclesiastical, was the soul of the body politic. What would it advantage him to receive subsidies and to gather armies to^ impose his authority on Scotland, if he were compelled to yield at Westminster all that he claimed at Edinburgh. It was therefore to the nation rather than to Charles that Pym's appeal was addressed. If once this first principle were ad- mitted, all the rest of his argument would follow. The com- plaint was justified, that the events of the last day of the session of 1629 and the treatment of the imprisoned members had been distinct violations of the privileges of the House, and even that the sudden and abrupt dissolution of Parliaments before their petitions were answered was 'contrary to the law and custom.' 1 l The ground on which the Scots had opposed the prorogation of their Parliament was that the matters were still dependent before the Lords of the Articles, and therefore neither accepted nor denied. 1640 PYM ON CHURCH AND STATE. 105 On turning to the ecclesiastical grievances, Pym stepped upon more uncertain ground. Till the question of Church On eccie- government had been solved in the sense of religious, siasticaiin- liberty, there could be no permanent solution of novations. , . . , ,. ,- the constitutional problem. \ et for Pym or for any other man to solve it as yet was altogether impossible. The sense of irritation which had been roused by Laud's unwise proceedings had been conducive to a temper predisposed to treat Laud and his allies as the enemies of the Church and country. It might, indeed, have been expected that, after the occurrences of the last eleven years, Pym would have called for measures far more stringent than had satisfied the last Par- liament. Exactly the contrary was the case. In 1629 Eliot led the House in asking for the proscription of all but Calvi- nistic opinions. In 1640 Pym, after speaking of the danger from Popery, touched lightly upon the support which had been given in public to c the chiefest points of religion in difference between us and the Papists/ Abstaining from any attempt to set up a new doctrinal test, he commented less upon the opinions of his opponents than upon their ceremonial innova- tions. He spoke of e the new ceremonies and observances, which had put upon the churches a shape and face of Popery, 3 of the introduction of * altars, images, crucifixes, bowings, and other gestures,' the preferring of the men who were most forward in setting up such innovations, and the discouragement of the * faithful professors of the truth.' Matters of small moment had been taken hold of 'to enforce and enlarge those unhappy differences, 7 and c to raise up new occasions of further division. 5 Then, too, there had been * the over rigid prosecution ' of those who were 'scrupulous in using some things enjoined,' which were yet held by those who enjoined them to be in themselves indifferent. Pym's remedy for the mischief lay at least in the direction of liberty. "It hath ever been the desire of this House," he said, "expressed in many Parliaments in Queen. Elizabeth's time and since, that such might be tenderly used.- It was one of our petitions delivered at Oxford to His Majesty that now is ; but what little moderation it hath produced is not unknown to us all. Any other vice almost may be better en-; .104 THE SHORT PARLIAMENT. CH. xci. dured in a minister than inconformity." That there might be 110 doubt to what he referred, he enumerated the cases in which punishment had been inflicted ' without any warrant of law. 3 Men, he said, had been brought to task for refusing to read the Declaration of Sports, for not removing the communion-table to the east end, for not coming to the rails to receive the Sacra- ment, for preaching on Sunday afternoons instead of catechising, and even for using other questions than those which were to be found in the authorised Catechism. Finally, there had been abuse in the exercise of ecclesiastical jurisdiction. It cannot be denied that to grant Pym's demands would have broken up the Church system of Charles and Laud ; but, though some of the more extreme ceremonial forms would undoubtedly have been proscribed, the whole tone of his speech was in favour of a liberal and comprehensive treatment of the Church question. The unnecessary restrictions upon con- scientious religion held far the largest space in his argument. Even when Pym spoke of practices to which he took objection, it was the compulsion even more than the practices which he held up to animadversion. Finally, came the long enumeration of the political grie- vances. The enforcement of tonnage and poundage, and of The civil impositions without a Parliamentary grant, which grievances, j^ | Deeri fa Q subject of contention in preceding Parliaments, was naturally placed first. Pym distinctly asserted that in attacking these he had no wish to diminish the King's profit, but merely to establish the right in Parliament. Then came the grievances of the past eleven years the enhancement of the customs by the new book of rates, the compositions for knighthood, the monopolies in the hands of the new companies, the enforcement of ship-money, the enlargement of the forests, the appeal to obsolete statutes against nuisances in order to fill the exchequer, whilst no attempt was made to abate the nuisances themselves ; and last of all, those military charges which were now for the first time treated as a grievance. Pym gave a history of the way in which these last charges had grown. Coat-and-conduct money, or the expenses of clothing newly raised levies, and of taking them to the place of rendezvous had 1640 PYM av CHURCH AND STATE. 105 originally been borne by the Crown. Elizabeth in her need had sometimes asked the counties to advance the money till she was able to repay it By degrees the exception had become the rule, whilst the engagement to repay the advance had ceased to be observed New customs were already springing up. Not only were men pressed against their will, but the counties were compelled to furnish public magazines for powder and munitions, to pay certain officers, and to provide horses and carts for the King's service without any remuneration whatever. As Pym knew, the strength of the King's authority lay in his being able to fall back upon the courts of law. As yet no one was prepared to strike at the root of the evil. Pym contented himself with protesting against ' extrajudicial declarations of judges,' made without hearing counsel on the point at issue, and against the employment of the Privy Council and the Star Chamber in protecting monopolists. Many of the clergy had thrust themselves forward to undertake the defence of uncon- stitutional power. It was l now the high way to preferment ' to preach that there was ' Divine authority for an absolute power in the King ' to do what he would with 'the persons and goods of Englishmen. 3 Dr. Manwaring had been condemned in the last Parliament for this offence, and he had now ' leapt into a bishop's chair.' Then, returning to the point from which he started, Pym pointed to the source of all other grievances in * the The mtro- L . . .-,. T . mission of long intromission of Parliaments, contrary to the two Parliaments. statutes yet ^ f orce5 w hereby it is appointed there should be Parliaments once in the year.' How then was the mischief to be remedied ? Here Pym refused to follow Grimston. He refrained from requiring that any individual minister should be called to account. The remedy. Let t k em ^ rhe Lor( j s to j o { n j n searching out * the causes and remedies of these insupportable grievances,' and in petitioning the King for redress. 1 * I cannot agree with Ranke in holding that the draft in the State Paper Office is more accurate than that given by Rushworth. It leaves out all about the privileges of Parliament. The printed speech in the King's Pamphlets, used by Mr. Forster, is not perhaps to be taken as being 106 THE SHORT PARLIAMENT. Such a speech, so decisive and yet so moderate, carried the House with it. It laid down the lines within which, under altered conditions, the Long Parliament afterwards moved. It gave no offence to the hesitating and timid, as Eliot had given offence by summoning the King's officers to the bar, and by his wild attack upon Weston. It seemed as if both Houses April is. had agreed to follow Pym. The next day the Lords i?bSth dir "* s ca H ec * * n question the appointment of Manwaring HOU.^.-. to a bishopric, whilst the Commons placed Grimstori in the chair of a Committee of the whole House, sent for the! records of the case of Eliot and his fellow-prisoners, and appointed a Select Committee to draw up a narrative of thd proceedings against them. Before the House rose, it had ordered that the records of the ship-money case should also be brought before it. The feeling against the bishops was perhaps even stronger in the Lords than in the Commons. There w r as more oi personal jealousy there, as there had been among e-me/of the nobility of Scotland. It was in the House oJ the realm. for ^ ^ ^^ ^^ ^ dayg Qf lardism, the old constitutional doctrine, that the lay peers, the clergy, and the Commons were the three estates of the realm, was brought in question. The bishops were distinctly told that the three estates were the King, the Barons, and the Commons. " The bishops then," it was said, " would make four estates oi exclude the King." 1 The words thus defiantly spoken did not touch the bishops The King to alone. The notion that Parliament was the soul of be an estate. t h & body politic, had been welcomed by the Lords. The King was no longer to reign supreme, summoning his literally Pym's as it was spoken. There was no thorough system of short- hand in those days. But it has every characteristic of Pym, and mos f probably was corrected by him, or by some one present on the occasion o its delivery, and I have^ quoted from it as from something better than ' \ later amplification.' The report given in RitsJmLwrtJi, iii. 21, is, as Mr Forster has pointed out, another report of this speech. Mr. Forster was. however, wrong in saying that Pym did not speak on Nov. 7. 1 Harl. MSS. 4,931, fol. 47. THE THREE ESTATES. 107 enthusiastic subjects was well expressed by Northumberland. Ma is "The nature of most men," he wrote to Conway, who had already been sent to drill the cavalry in the North, " is not willingly to acknowledge an error Conway. un til they needs must, which is some of our condition here at this time. We have engaged the King in an expensive occasion, without any certain ways to maintain it ; all those that are proposed to ourselves have hitherto failed, and though our designs of raising this great army are likely to fail, yet are we loth to publish that which cannot many days be concealed. In plain terms I have little hope to see you in the North this year, which I profess I am extremely sorry for, conceiving it will be dishonourable to the King, and infamous for us that have the honour to be his ministers, when it shall be known that he shall be obliged to give over the design." 1 Strafford was no longer at hand to inspire courage into- the fainting hearts at Whitehall. For some days he had been absent from the Council table, suffering from an conversation attack of dysentery. On the first news of the tumults,. with Bristol. Bristol had sought him out, and had urged him to give his voice for another Parliament. To the calm, good sense of Bristol, the policy of adventure into which the King had been drawn seemed devoid of all the higher elements of statesmanship. When, some months later, Bristol gave an account of his conversation with Strafford on this occasion, 2 he stated ( that he never understood by the discourse of the Earl of Strafford that the King should use any force or power of arms, but only some strict and severe course in raising money by extraordinary ways for his supplies in the present danger/ To Bristol's plea for another Parliament Strafford was entirely deaf. He did not indeed show any ' dislike of the said discourse, but said he held it not counsellable at that time, neither did the present danger of the kingdom, which was not imaginary, but real and pressing, admit of so slow and uncertain remedies ; that the Parliament, in this great distress of the King and kingdom, 1 Northumberland to Conway, May 18, S. P. Dom. - The date is fixed as being not long after the dissolution, and also by the reference to the Lambeth tumults and the mutinies of the soldiers. loS THE SHORT PARLIAMENT. insolence to Strafford. The men of Yorkshire, he now said, * required to be eased of coat-and-conduct money, and other such military charges.' Unless their representatives brought them that relief they dared not return home. Another York- shireman, Sir John Hotham, put the case as strongly as pos- sible. Ship-money, he said, had cost his county but i2,ooo/. The military charges cost it 4o,ooo/. Others again attacked the whole system of impressment as Selden had attacked it in I628. 1 Such speeches, received with evident approbation by the House, drew forth a fresh declaration from Vane. He rose to vane i-sists staLe t ^ lat ^ King ^ould accept nothing less than -on the ac- the twelve subsidies which he had demanded in his ceptanceof __ . . , . . the King's message. Upon this the committee broke up with- .terms. o ^ coming to a resolution, postponing further con- sideration of the matter to the following day. It is incredible that Vane should have thus acted without express authority from Charles. 2 The question of the military 1 Rossingham to Conway, May 12, S. P. Doni* ccccliii. 24. 2 By entirely omitting the matter of the military charges Clarendon reduces the whole affair to a personal question. My account is founded on two completely independent statements. There are amongst the State Papers some notes (S. P. Dom. ccccl. 94) which I believe to have been drawn up by Rossingham for circulation amongst his correspondents. In these we are told that c the sense of the House was that not only ship- aiioney should be abolished, but also all military taxes or other taxes for the future, by what name or title soever it might be called, should be provided against before that twelve subsidies were granted, so that no positive answer was this day given to his Majesty.' Northumberland, in .a letter to Conway, of May 5 (ibid, cccclii. 33) is equally explicit. *' The King," he wrote, "did yesterday offer the House of Commons to relinquish absolutely the shipping money if they would at this time supply him with twelve subsidies. This gave them not satisfaction. They desired to be also eased of the military charge, as they termed it, which was from the pressing, coating, and conducting of soldiers. Innovations in religion they likewise insisted much upon. Other grievances they trenched upon, but these were the main ones they complained of ; and had they been well advised I am verily persuaded they might in time have gained their desires, but they in a tumultuous and confused way went 011 with their businesses, which gave so great offence unto his Majesty that this morning he hath, dissolved the Parliament." 1640 AN APPEAL TO THE LORDS. 109 time he spoke with his own mouth. The Commons, he said, April 24. had put the cart before the horse. His necessities SSSisto were to ser i us to admit of delay. If the Com- the Lords. m0 ns would trust him, he would make good all that Finch had promised in his name, and hear their grievances in the winter. In the other alternative, he conjured their lordships not * to join with them, but to leave them to themselves.' In an attack upon the bishops, the Lords were ready to go at least as far as the Commons. But they were too accustomed m to support the Crown to fall into opposition on such The Lords A1 , , . _ __. > ,. /- , - , support the an appeal as this. In a House of 86, of which 18 ng " were bishops, 61 voted that the King's supply ought to have precedence of grievances. The minority of 25 con- tained the names of Hertford and Southampton, \vho after- wards took the side of the King in the Civil "War, as well as those of Bedford, Essex, Brooke, and Saye. 1 Strafford had done neither the King nor the Lords service in thus thrusting the Upper House forward in opposition to the Lower. What he did amiss sprang from his fundamental misconception of the situation-. Like Wellington in 1831 and 1832, he saw the constitution threatened by a change which would shift completely, and for ever, the basis of power. I Jieving in his heart that this change would be prejudicial to the country, he was ready to resist it with every instrument that came to his hand. Like Wellington, he would have appealed first to the House of Lords, in the hope that the voice of the Lords would serve as a rallying cry for the well-affected part of the nation ; but there can be little doubt that he would have refused to be controlled by any numerical majority what- ever, and would have fallen back upon an armed force if neces- sary, to beat down a resistance which he believed to be de- structive of all that was most valuable in the country. 1 The minority were Rutland, Southampton, Bedford, Hertford, Essex, Lincoln, Warwick, Clare, Bolingbroke, Nottingham, Bath, Saye and Sele, Willoughby of Parham, Paget, North, Mandeville, Brooke, Robartes, Lovelace, Savile, Dunsmore, Deyncourt, Montague of Bough- ton, Howard of Escrick, and Wharton. Note by Windebank, S. P. Dom. ccccli. 39. no THE SHORT PARLIAMENT. CH. XCI. It was a fatal mistake, fatal if only because it was out of Stafford's power to keep erect that mingled system of law and prerogative which stood for the English constitution in his eyes. If the Commons persisted in their opinion, the only choice would be between a military despotism and the supremacy of the Lower House. If Pym could not in the face of Charles call back into existence the whole of the Elizabethan constitu- tion, he was at least standing up in defence of its nobler and better part. The claim of Englishmen to determine their own policy, and not to be the humble recipients of bounties at the good pleasure of the King and the bishops, was the question at issue. Pym might not produce a complete and perfect work. He might sometimes be harsh in his judgments and defective in penetrating motives ; but, for all that, it was the voice of Pym and not the voice of Strafford which appealed to the memories of the great England of the past, and which reached across the gulf of time to do, as Eliot would have said, the work of posterity, and to call into being the greater England of the future. It is of greater importance that men shall throw themselves with energy into public affairs, than that the laws by which they are governed shall be the best which human reason can invent. Strafford had to content himself with the approbation ff the Court. Charles said openly that he trusted him more April 27. than a11 his Council. Even the Queen was won. She The com- told him l that she esteemed him the most capable rnons declare . * this a breach and faithful servant her husband had. The Commons ofprmlege. ^^ ^ j.^ fo regard ^ per f ormances j n ^g same light. For a moment, perhaps, the thought of averting a collision gained the upper hand Might it not be possible to vote money to the King with the proviso that it should not be used against the Scots ? Pym had little difficulty in showing the absurdity of the proposal ; and the House, recovering its balance, took up as a breach of privilege the suggestion about supply which had been made by the Peers, and demanded re- paration. Before the question, thus raised, came to an issue, Montreuil to Bellievre, *g^ SibL ^. Fr. 15,995, foL Si. 1 640 LORDS AND COMMONS. m Charles learned how little he could count even upon the Upper House in ecclesiastical matters. It needed his special inter- vention to hinder the Lords from passing a fresh censure on Manwaring. 1 On the 29th it appeared that, though the Lords resolved to maintain their position, the resistance of the Commons had not April 29. been without its effect. This time the King's majority mafntl1n ds hax * dwindled from 36 to 20. The resolution of the their point. Upper House let loose men's tongues. For the first time in English history its composition was unfavourably can- vassed. In that House, it was said, c there were few cordial for the commonweal ;' its members spoke c so cautelouslyas doth not become a free Commonwealth.' The votes of the bishops and the councillors were at the King's disposal. It was well known that a heavy pressure had been put on the Lords by the King. Carlisle and others acknowledged that they had voted against their consciences. Holland had been urged to speak on behalf of the King. He had given a silent vote and had retired to Kensington in disgust. Newport, on the other hand, declared that he had been so agitated as to vote against the King by mistake. " They of the Upper House," it was bitterly said, " were fully fitted for slavery." 2 On May i the first division of the session was taken in the Ma i Commons. Pym stated that Dr. Beale, the Master Dr. Beaie of St. John's at Cambridge, had asserted, in a ser- sent for. morij that the King had power to make laws without the help of Parliament, and moved that he should be sent for 1 " The House begins to proceed to censure Manwaring ; but the King sent word that they should desist, or not censure him so far as to make him incapable of his bishopric. " The Archbishop affirmed that, if the Parliament did deprive a man of his bishopric, it was in the King's power to remit that censure. Some said that he pleaded his own case. " My Lord Saye spoke nobly for the kingdom, but he had many adver- saries. He answered the Lord Keeper, the Archbishop, &c., but none was found a maf-ch for him but the Deputy of Ireland. " HarL JlfSS. 4,931, fol. 48. 2 ffarl. MSS. 4,931, fol. 486. Montreuil to Bellievre, |^f, BibL Nat. Fr. 15,995, fol. 32. H2 THE SHORT PARLIAMENT. CH. xci. to account for his words. An amendment that the evidence should first be referred .to a Select Committee was lost by a majority of 109. It was impossible to have a plainer indication of the temper of the Commons on ecclesiastical matters. 1 That same day news arrived from Scotland which made Charles more impatient than ever for an immediate grant of money. The first blood in a new civil war had been shed a t Edinburgh. The citizens had thrown up a wor k opposite the gate of the Castle, and Ruthven had replied by firing upon them with his cannon. Four of the townsmen had been slain and some houses injured. Upon this the King himself intervened, asking for an im- mediate answer to his request for money. In the Lords, Stafford distinctly announced that a refusal would The King's be followed by a dissolution, and there can be little message. d ou bt that Vane conveyed the same intimation to Debate in the Commons. The Lower House went at once into Committee. comm tteej anc j broke up at the unusually late hour of six in the evening without coming to any conclusion. Though no vote was taken, the general feeling of the House was to be ascertained without difficulty. The impression left Feeling of by tne debate was that the Commons would have the House. b een q U it e ready to leave to some future time the discussion of their ecclesiastical grievances, and of that invasion of their privileges which they held to have taken place in 1629 ; but that they were unwilling to vote money until the question of arbitrary taxation had been fully cleared up. It must be finally settled, they thought, that the King had no right to take what they were prepared voluntarily to offer. Not only must the money required for the navy be levied by a Parliamentary grant, but the money needed for the army as well. The military charges, especially coat-and-conduct money, must no longer be fixed upon the subject by the sole authority of the King. 2 The next day was a Sunday. At the Council Board Straf- 1 Commons' Journals, ii. 18. Rossingham's News-Letter, May 4, S. P+ JDom. cccclii. 20. 3 Rossingham's News-Letter, May 5, Add. MSS. 11,045, fl- II 4* 1640 STRAFFORD AXD VANE. 113 ford recommended the King not to allow ship-money to stand Mays. in the way of a reconciliation with the Commons. Sken U inThe Charles consented that the ship-money judgment council. should be carried before the House of Lords upon a writ of error, where it would undoubtedly be reversed. No Contest better way of making the concession could possibly ScSSbri be devised - On another point Strafford found him and Vane. i ess yielding. When Vane argued that no less than twelve subsidies, or about 840,0007., should be fixed as the price of so great a concession, Charles seemed inclined to agree with him. Strafford, in the very spirit of Bacon, urged that there should be no haggling in the matter. He told the King, 'that the said offer to the Commons' House ought not to be con- ditional,' but that he should ' put it upon their affections for supply. 3 Charles answered, hesitatingly, that he feared less would not serve his occasion. Before Stafford's repeated warn- ings, however, he gave way at last and consented to be satisfied with eight. 1 Stafford's urgency was entirely thrown away. It was im- possible to rely upon Charles for any steady and consistent policy. It is exceedingly probable though no evi- o?e n r e the ins dence of the fact exists that after the Council was Kmg ' dismissed, Vane drew away the King from the con- May 4. dilatory attitude recommended by Strafford. At all ^ubsidfes events, he was able to appear in his place in Parlia- demanded. ment the next morning to deliver a message, distinctly asking for twelve subsidies as the price of the abandonment of ship-money. The House was again in committee. Hampden asked that the question might be put whether the King's talSaS?*** request, c as it was contained in the message,' should mittee. ^ e granted. Edward Hyde then, as ever, anxious to step forward as a mediator between extreme opinions asked 1 The only distinct information we have is from Strafford's interro- gatories (Whitaker's Life of fiadclife, .233). It is evident that they do not all relate to the same discussion. The last five interrogatories are plainly connected with the later Council, at which a dissolution was re- solved on. VOL. IX. I U4 THE SHORT PARLIAMENT. CH. xci. that the question should be simply whether supply should be given at all. 1 He might reasonably expect that many members who would vote in the negative on Hampden's motion, would vote in the affirmative on his. The debate which followed only served to bring out the difficulties of an agreement in a stronger light than Strafford had supposed to be possible. The dread of an early dissolu- tion, indeed, had great effect. As far as the amount of the subsidies was concerned, those who most strongly objected to even a tacit acknowledgment of the legality of ship-money, were prepared to vote at least six subsidies ; and Strafford, at all events, was ready to advise the King to accept the offer. Glanville, the Speaker of the House, a lawyer of no mean repute, inveighed bitterly against taxation by prerogative. The judgment of the Exchequer Chamber, he said, ' was a sense- less judgment' All the arguments contained in it 'might easily have been answered. 1 If it were allowed to stand upon record, * after ages would see the folly of their times.' It was * against law, if he understood what law was. 5 2 Yet even Glan- ville recommended that supply should be given. An under- standing would doubtless have been come to on the basis laid down by Strafford, if there had been no other question but that Demand for of ship-money before the committee. As the debate ^abolition wen t on, however, greater prominence was given to military the demand for the abolition of the military charges charges. T * T i -T i i o^*" which had been mooted on the preceding Saturday. One of the members for Yorkshire, Sir William Savile, said that his constituents would not care how many subsidies were voted If only they were relieved of ship-money. He was at once con- tradicted by Bellasys, the other member for the same county, who, some years before, had suffered imprisonment for his 1 So far, I suppose, we may trust Clarendon (ii. 72). His account of this Parliament* however, is so inaccurate that I dare not use his narrative of the debate. His memory only served him to show the figure of Vane as frustrating an agreement which, but for Vane's delinquencies, would have been brought about by himself. 3 The last sentence is from Clarendon ; the rest from HarL MS* 4,931, foL 49- " 1640 MILITARY CHARGES. 113 insolence to Strafford. The men of Yorkshire, he now said, * required to be eased of coat-and-conduct money, and other such military charges.' Unless their representatives brought them that relief they dared not return home. Another York- shireman, Sir John Hotham, put the case as strongly as pos- .-sible. Ship-money, he said, had cost his county but i2,ooo/. The military charges cost it 40,000^ Others again attacked the whole system of impressment as Selden had attacked it in I628. 1 Such speeches, received with evident approbation by the House, drew forth a fresh declaration from Vane. He rose to vane insists staLe that ttie Kin S woul(i accept nothing less than -on the ac - the twelve subsidies which he had demanded in his ceptanceof .,_ . . , . the King's message. Upon this the committee broke up with- .terms. o ^ coming to a resolution, postponing further con- sideration of the matter to the following day. It is incredible that Vane should have thus acted without express authority from Charles. 2 The question of the military 1 Rossingham to Conway, May 12, S. P. Dam* ccccliii. 24. 2 By entirely omitting the matter of the military charges Clarendon reduces the whole affair to a personal question. My account is founded on two completely independent statements. There are amongst the State Papers some notes (S. P. Dom. ccccl. 94) which I believe to have been drawn up by Rossingham for circulation amongst his correspondents. In these we are told that c the sense of the House was that not only ship- aiioney should be abolished, but also all military taxes or other taxes for the future, by what name or title soever it might be called, should be provided against before that twelve subsidies were granted, so that no positive answer was this day given to his Majesty.' Northumberland, in .a letter to Conway, of May 5 (ibid, cccclii. 33) is equally explicit. *' The King," he wrote, "did yesterday offer the House of Commons to relinquish absolutely the shipping money if they would at this time supply him with twelve subsidies. This gave them not satisfaction. They desired to be also eased of the military charge, as they termed it, which was from the pressing, coating, and conducting of soldiers. Innovations in religion they likewise insisted much upon. Other grievances they trenched upon, but these were the main ones they complained of ; and had they been well advised I am verily persuaded they might in time have gained their desires, but they in a tumultuous and confused way went 011 with their businesses, which gave so great offence unto his Majesty that this morning he hath, dissolved the Parliament." I 2 ii6 THE SHORT PARLIAMENT. CH. xci. charges affected the King far more deeply than even the ques- tion of ship-money. Charles knew well that, whether ship- money were levied by the prerogative or not, England could Bearing of no longer endure to be without a navy. At that very this demand. moment Barbary pirates were cruising off the mouth of the Channel, scuttling English ships and dragging English sailors into a miserable captivity. But if the Commons could not refuse to supply the Government with a navy, they might very well refuse to supply it with an army. If Charles assented! to their present demand, the machinery by which he had been- in the habit of collecting a military force, would be hopelessly disarranged. Nor was this all Though it does not seem that any word of direct sympathy with the Scots was spoken in that day's committee, it must have been evident to the Privy Coun- cillors present that the war itself found but little support amongst the members of the House. Already, indeed, the leaders of the popular party had opened communications with some of the Scottish Commissioners, asking them to lay the grievances of their countrymen before the Commons. To this the Commissioners had replied that, as their lives were now at the King's mercy, they could not venture to take such a step., but that if the House of Commons, after reading their printed Declaration, chose to send for them and to inquire into the truth of its allegations, they would be ready to reply to any Proposed questions which might be asked. The English agas"the leaders, in fact, had accepted this proposal, and had ***' fixed the 7th as the day on which the Scots' Declara- tion should be discussed. The debate of the 4th, however, changed their plans. After Vane's threatening language it was impossible to doubt that a dissolution was imminent. That evening, therefore, it was resolved that Pym should bring for- ward the subject as soon as the House met on the following morning. A petition, it would seem, was to be drawn up to beg the King to come to terms with the Scots, and it is probable- that the Lords were to be asked to concur in this petition. 1 1 Heylyn's statement (Cyprianus Angl. 396) that the Commons < came to a resolution of yielding somewhat towards his Majesty's supply, but in the grant thereof blasted his Majesty's expedition against the Scots/ only puts 1640 A HASTY DISSOLUTION. 117 Some one who could not be trusted was present at this meeting. That very evening the King received intelligence The Council of Pym's plan of operations. He at once summoned summoned. ^ p r j v y Council to meet at the unusual hour of six on the following morning. He sent for the Speaker and for- bade him to take his place, least the dreaded petition should be voted before he had time to intervene. 1 When the Council met the next morning the King announced his intention of proceeding to a dissolution. Strafford, who May 5 . arrived late, begged that the question might first be vo^or'a 011 seriously discussed, and that the opinions of the -dissolution. Councillors who were also members of the Lower House might first be heard. Vane declared that there was no hope that the Commons ( would give one penny. 3 On this the votes were taken. Northumberland and Holland were alone in wishing to avert a dissolution. 2 Supported by the rest of the Council the King hurried to the House of Lords and dissolved Parliament. The Short Parliament, for by that name this as- shOTtpLiia- sembly is known in history, had sat for three weeks. ment " As far as actual results were concerned it accomplished nothing at all. For all that, its work was as memorable as the intention into positive terms. " Our Parliament," writes a Scotchman in London, "hath yet settled nothing. They are this day about to petition his Majesty to hearken to a reconciliation with you, his subjects in Scot- land." Johnstoun to Smith, May 5, S. P. Dom. cccclii. 46. A few days later we hear that the members of the dissolved Parliament spoke freely of their disinclination to grant money for a Scottish war, and said that the cause of the Scots was in reality their own. Salvetti's News-Letter, May . The greater part of what I have stated is drawn from an anony- mous deposition and a paper of interrogatories founded on it (S. P. Dom, cccclii. 114, 115). We there learn that 'it was otherwise resolved on Monday night that the next morning the book should have been produced, as he conceived, by Mr. Pym, who should have spoken then also in that business.' Mr. Hamilton is to be congratulated on this important dis- covery, which first appeared in his Calendar for 1640. 1 " Lest that they should urge him to prefer any petition to the Upper House." Harl. MSS. 4931, fol. 49. 2 Laud's Works, iii. 284. Whitaker's Lije of Raddiffe, 233. n8 THE SHORT PARLIAMENT. CH. xci. that of any Parliament in our history. It made England con- scious of the universality of its displeasure. Falkland, we are fold, went back from this Parliament full of dissatisfaction with the Court, 1 and doubtless he did not stand alone. The chorus of complaint sounded louder when it was echoed from Corn- wall to Northumberland than when it seemed to be no more than a local outcry. Nor was this Parliament more memorable for the complaints which it uttered than for the remedies which it proposed. The work which it assigned to itself was of no less import than that to which the Long Parliament sub- sequently addressed itself. Its moderation consisted rather in the temper in which it approached its labours, than in the demands which it made. What it proposed was. popolS n nothing short of a complete change in the relations- yifc * between the King and the nation. It announced through the mouth of Pym that Parliament was the soul of the commonwealth, and there were some amongst its members- who sought for that soul in the Lower House alone. It was impossible that such a body should long have es- caped a dissolution. From the very first the resolution had A dissolution keen taken at Court to break up the Parliament unavoidable, unless it would give its support to the war. When it laid hands upon fleet and army, and seemed likely to give its- voice for peace, the moment foreseen in Charles's Council had arrived. It needed all Hyde's bland conviction that con- tradictor}- forces were to be reconciled by his own lawyer-like dexterity, to throw the whole blame of the dissolution upon Vane. Oliver St. John understood better what the facts of the case really were, when he said * that all was well, and that it must be worse before it could be better ; and that this Parlia- ment would never have done what was necessary to be done. 3 St. John knew full well what he wanted. Hyde never knew what he wanted beyond some dream of his own, in which Charles and Laud were to come to a happy compromise with all moderate men, and tyranny and sedition were to be re- nounced as equally impracticable. 1 Clarendon^ vii. 222. 119 CHAPTER XCIL PASSIVE RESISTANCE. STRAFFORD, at least, had no notion of coming to a compromise with a Parliament which was bent on peace with Scotland, and 1640. which was determined to place the whole military ^ ff ofSfe force of the Crown at its own disposal. The know- situation, ledge of Pym's intercourse with the Scots, which he doubtless acquired in the course of the day, changed his long- ing for conciliation to bitter hostility. The King, he thought, might leave his subjects to provide support for the navy, but he could not safely depend on them for the very existence of an army. If Charles gave way now. a modification of the whole constitution of England would be the result. The English Parliament would claim all the rights which the Scottish Parlia- ment had asserted. The country, he may well have thought, would, be handed over to the persuasive rhetoric of factious adventurers. The functions of government would be at an end. He saw all the weak points of the Parliamentary system without seeing any of its strong ones. He had no belief in the possibility that a better organisation might arise out of the chaotic public opinion of his day. The secret of the future, the growth of cabinet government, was a veiled mystery to him as it was to the rest of his generation. In conversation with his friends, Strafford made no secret of his conviction that the summoning of Parliament had been His con- a-n. experiment to which he indeed had heartily de- versation s j re( j succesSj b ut t h at j t faft b een nothing more than Conway. an experiment. The King's cause, he said to Con- way, c was very just and lawful, and if the Parliament would not 120 PASSIVE RESISTANCE. en. xcn. supply him, then he was justified before God and man if he sought means to help himself, though it were against their wills.' l Much the same language had been used by him to Usher whilst he was still in Ireland. The crisis which he then contemplated had now arrived. It was absolutely necessary for the common safety that the King should ward off the approaching danger from Scotland in spite of the refusal of the House of Commons to support him. 2 As soon as the King returned to Whitehall, a meeting was held of that Committee of Eight which had been appointed in the preceding winter to take special cognisance of Scottish affairs. Charles asked the advice of this lg tp select body on the course which it now behoved him to take. Vane argued, not without support, that to defend England against invasion was all that was now pos- for a war sible. 3 Strafford was too clear-sighted not to perceive of defence. , , n - . _ , at once the hopelessness of such a course. Only a fierce blow, sharp and decisive, would save the King now. England would never bear the long contribution of enforced supplies to an inactive army on the Borders. Let the City, he Stafford sa ^, be required to lend ioo,oooZ. to the King, Let ship-money be vigorously collected. This would suffice for a short campaign, and it was clearly his opinion that a few months of invasion would bring Scotland to its knees. " Do you invade them," was his closing admonition. 4 1 Rushworlh, Strafford*s Trial, 536, 2 Ibid. 535. 3 This rests on Vane's own evidence. Rushworth, Straf* Trial, 546. 4 I have no hesitation in accepting the form of Vane's notes printed in the Hist. MSS. Commissioners* Report ', iii. 3, against that given by White- locke. All external evidence is in favour of a copy found in the House of Lords, and the internal evidence goes in the same direction. The heading which appears in Whitelocke's copy might easily have been added ; but it would be difficult to account for the presence of Northumberland's speech, or the characteristic saying of Stafford's about Saul and David which appears in the House of Lords' copy, but is absent from Whitelocke's, unless the former be genuine. Clarendon's account agrees with neither, and was doubtless given merely from memory, like his account of the de- bates in the Short Parliament. The existence of a copy amongst the State Papers corresponding with that in the House of Lords is in itself almost 5640 STRAFFORD VOTES FOR WAR. 121 Northumberland took tip the word. In the morning he had voted against the dissolution, and he now gave his reasons for wishing the King to hold his hand. He belonged Leriand's to a class of politicians whom enthusiastic partisans . O bject:on. a i wa y S despise at their peril. He was not in the habit of thinking deeply on any subject, and had taken the command of the army, as he had before taken the command of the fleet, without any strong persuasion of the righteousness of the cause for which he was about to draw his sword. Per- sonally he admired StrafFord, and he liked his own position as a great nobleman at Court. He felt no attraction towards the aggressive Puritanism of the Commons ; but he had an in- decisive, as it is hardly to be imagined that both the King and the Peers would content themselves with anything incorrect. The notion that Vane's paper was stolen, and therefore could not have found its way into the House of Lords, will not bear the test of investiga- tion. According to Lord Bute's MS., \Vhitelocke states that c this and all the rest of the papers concerning the charge against the Earl were entrusted to the care and custody of \Vhitelocke, the chairman of the Close Com- mittee, and being for a time missing at the Committee, and because the Earl answered so fully, some were jealous of \Vhitelocke that he had let see it, the better to make his defence and to oblige the Earl,' He then goes on to show, not very conclusively, that Digby and not himself was the culprit. As, however, the reply of StrafFord referred to was on April 5, and the paper was produced in the Commons on the loth, it is plain that it cannot have been actually lost at the time referred to, and it is not un- likely that Whitelocke's account of the matter being written down long after the event was not altogether correct. It is at all events distinctly negatived by D'Ewes's Diary, from which, it appears under the date of April 23 (HarL MSS. 164, fol. 185) that two papers were lost, neither of which was Vane's Notes. No one need be surprised that the paper in the House of Lords is in a clerk's hand, as both the original paper and the younger Vane's copy had been previously destroyed. I fancy that \Vhite- locke's copy was merely one set down from memory by some one who had only heard it read. It is of course quite a different question whether the notes, granting them to be Vane's, were really trustworthy. Vane had reason to bear 3iard upon Strafford ; but there is something very characteristic in each utterance, and I am ready to accept the paper as substantially correct, though it is impossible to say more than this. Verbally accurate the notes do not even profess to be. The question of the Irish army will be discussed subsequently. 122 PASSIVE RESISTANCE. CH. xciu stinctive feeling that to enter on a war without the support of" the Commons, was a rash and headlong proceeding, which' would probably end in disaster. How, he asked, could they 'make an offensive war ' if they had no better means at their disposal than those which Stafford had just recited. They were in a difficulty whether 'to do nothing or to let them alone, or go on with a vigorous war.' Stafford's fierce, resolute spirit waved the objection haughtily away. " Go on vigorously," he cried, and we can Stafford's fanc 7 how his e y es flashed as he s P ke > " or let them reply. alone." The broken, disjointed notes are all that remain to us. " No defensive war ; loss of honour and repu- tion. The quiet of England will hold out long. You will languish as betwixt Saul and David. Go on with a vigorous war, as you first designed, loose and absolved from all rules of government ; being reduced to extreme necessity, everything is to be done that power might admit, and that you are to do. They refusing, you are acquitted towards God and man. You have an army in Ireland you may employ here to reduce this- kingdom. Confident as anything under heaven, Scotland shall not hold out five months. One summer well employed will do it. Venture all I had, I would carry it or lose it. Whether a defensive war as impossible as an offensive, or whether to let them alone." Stafford's vehement words were echoed by Laud and Cottington. "Tried all ways," said the Archbishop, "and refused all ways. By the law of God and man you Lauded should have subsistence, and ought to have it, and Cottington. law f ul to take j t Cottington followed with an argu- ment that, as the Scots were certain to enter into leagues with foreign Powers, an attack upon them was in reality * a defence- of this kingdom.' "The Lower House," he added, " are weary both of King and Church. 1 All ways shall be just to raise money for this unavoidable necessity, therefore to be used, being lawful." Stafford again struck in. Commissions of 1 Ranke (Eng. Trans!, ii. 196) speaks of this as a mere party state- ment. It is, however, quite true that the Commons wanted to get rid of kingship, as Charles and Cottington understood kingship. 1640 THE IRISH ARMY. i?y array were to be put in execution. Those to whom they were issued would be bound to bring the men to the Borders at the- charge of the counties. " If any of the Lords," he added,. " can show me a better way, let them do it." To this some one feebly answered that the town was e full of nobility, who J would ( talk of it.' " I will make them smart for it," was Staf- ford's contemptuous reply. Eleven months afterwards, when the notes which were taken by Vane of these speeches were laid before the Long Parlia- was the ment, opinion fixed upon the words relating to the Irish army employment of the Irish army in England as the ployed in most offensive to English feeling. Strafford then ngan ' asserted that, as far as his memory served, he had never said anything of the kind ; and Northumberland, Hamil- ton, Juxon, and Cottington, the only witnesses whom it was. then possible to produce, gave similar evidence. No such project, they added, had ever been in contemplation. On the other hand, there is strong reason to believe that the charge did not arise from Vane's hostile imagination, or from more deliberate falsification. The suspicion was certainly abroad only two days after the meeting of the committee. " The King of England," wrote Montreuil, who had been left by Bellievre to act as French agent till the appointment of an ambassador, "thinks of making use of the 10,000 Irishmen as. well to bring to terms his English subjects as for the Scottish war." 1 There is at least a strong probability that this language 1 Montreuil to Bellievre, May , Bill. Nat. Fr. I5,995 fol. 84. In the following August Strafford was authorised to command an ' army or armies both to resist and withstand all invasions, tumults, seditions, con- spiracies, or attempts that may happen in our kingdoms of England and Ireland, or our Dominion of Wales, to be made against our kingdom, state, safety, crown, or dignity, and also to be led into our kingdom of Scotland." Strafford's patent, Aug. 3, Carte MSS. i. fol. 247- These words, however, as Strafford afterwards stated, were merely copied from Northumberland's, patent, which is printed in Rymer* xx. 364. The only difference between the parallel passages is the insertion of Ireland as a sphere of action, which would not be fitting in Northumberland's case, and the verbal substitution of the word * kingdom'' for * person. 5 Probably this was a set form. I have sought in vain for ArundePs patent given in 1639. It seems never to- J24 PASSIVE RESISTANCE. CH. xcn. was inspired by some knowledge of Stafford's speech in the committee. It is at least certain that in the formal document "have been enrolled. Even the Privy Seal is not to be found at the Record Office. Strafford's argument at his trial that no Irish army was in exist- ence is worthless. There was always a small army, and the new one was to have been ready by May 1 8. In Vane's notes the sentence about the quiet of England is followed by : " They refusing," i.e. the English, " you are acquitted before God and man;" and it seems to me likely enough that this outburst about the Irish army may have sprung to Strafford's lips at the bare thought of English refusal, though it was not quite in accord with what he had said before. The acquittal before God and man referred to acquittal for conduct towards the English, and the words about the Irish army would naturally also apply to the English. But I wish to be clearly understood as not giving any positive opinion on the matter. Vane's jottings will not bear dogmatism on either side. In fairness to those who accept an interpretation different from my own, I should add an extract from a letter written by Windebank to the King, after his flight in 1641. *' I have received a signification of your Majesty's pleasure to declare and testify (upon my allegiance to your Majesty) whether in a debate in Council at a Committee about a defensive and offensive war with the Scots, I do remember that the Lord Lieutenant of Ireland did say to your Majesty that, having tried the affections of your people, you were absolved from all rules of government, and were to do everything that power would admit, since your subjects had denied to supply you, and that in so doing you should be acquitted both of God and man, and that your Majesty had an army in Ireland, which you might em- ploy to reduce this kingdom to obedience ; to which, upon my allegiance to your Majesty, I do most humbly make this direct, clear, and true answer (which your Majesty may well remember) of that which passed in debate from time to time in Council at the Committee about a defensive and offensive war with the Scots, I do not remember that my Lord Lieutenant of Ireland did say to your Majesty the words above mentioned, or any other to that purpose, being confident that in a business so remarkable, and of so great moment, I could not but have remembered them if they had been spoken. And, further, I do not remember that ever I so much as heard the least speech that the army in Ireland was to be employed to reduce the kingdom of England to obedience ; and either I misunderstood the sense of the Committee from time to time, or else the consultations of the Committee concerning the disposing and employing of the Irish army did ever bend wholly another way." Windebank to the King May 16 1641, S. P. Dom. ' This letter, like the evidence of the other members of the Committee given at the trial, asserts far more than the mere transference of the pro- 1640 . WHAT DID STRAFFORD MEAX? 125 in which the command of the Irish army was subsequently conferred upon Strafford, the contingency of its employment against rebellion in England was specially provided for. Yet in spite of this, it may be reasonably doubted whether any deliberate purpose of preparing for an Irish occupation of Stratford England was ever entertained. Not only does no probably trace remain of any counsels, save those already had formed .-..../ . . . , J nodetermin- mentioned, in which such a design formed a part, ate p an. ^ gy^^ng t j iat we ] earn o f Strafford and Charles induces us to believe that neither of them had any real expect- ation that such a course would be necessary. To the end Strafford underrated the forces opposed to him. He believed that, apart from the ambition of the House of Commons, the real England was on his side, and would rally round him as soon as it learnt how grossly deluded it had been. AVith these posed employment of the Irish army from England to Scotland. It asserts that the writer had no recollection of the whole passage which preceded the words about Ireland. Is his inability to recollect all this to make u> give up Vane's notes altogether? The passage quoted from Montreuil shows at least that the proposal of an attack from, Ireland was talked of at this time. But, leaving this out of the question, it is impossible not to lay weight on the fact that Charles saw the notes before the meeting of the Long Parliament. The elder Vane stated in the House of Commons, April 12, 1641, according to D'Ewes, that Charles had sent for these notes and had ordered them to be burnt. According to the Verncy Notes (37), Vane said that he had himself ' moved the King to burn the papers, and the King consented to it.' \Vhichever of these two accounts is right, it is clear that Vane spoke of the King's knowledge of the notes as something beyond question. And it is also certain that, as far as we know, Charles never denied the statement. This would imply that they really were taken at the time, for the King's use. Private notes, forged in order to be sub- sequently flung at Strafford, would not come to the knowledge of the King- Is it not incredible that the whole of the passage from the assertion that the King was loose and absolved from all rules of government down to the sentence about Ireland, should have been put in without ground, when Vane must have known that the King might call for the notes at any moment ? Verbal inaccuracies there must have been, and perhaps mis- apprehension of the drift of a sentence, but surely not the pure invention of whole sentences. Yet that is what the argument from the want of memory of the' members of the Committee really comes to. '126 PASSIVE RESISTANCE. CH. xcn. feelings he was not likely to plan an Irish invasion of England. But it does not follow that he did not contemplate it as a distant possibility. Pushed hard in the discussion in the com- mittee to justify his confidence, he might fall back upon the forces in Ireland as a convincing proof that alarm was needless, just as he would have the clause relating to England inserted in his patent in order to provide for all eventualities, without expecting those eventualities to occur. Even Vane's paper of notes conveys the impression that the thought of employing this Irish army for the repression of resistance in England did not enter largely into Stratford's plans. His words point to no knot worthy of such a solution. He had been arguing that the Scots would be overpowered in -a single campaign, and that the quiet of England would hold out long. It was only as the refusal of the Commons presented itself to his thoughts that he flashed out into threats of this last resource. Nor is it likely that he at all understood what his countrymen would think of such a threat. To him the thought of an Irish arm y conveyed no impression which was not satisfactorv - Tne srna11 force which was already .^ existence wag 315^^5]^ f Qr J te discipline anc i good behaviour. He had every reason to believe that the larger force which he now contemplated would be distinguished by the same qualities. He did not realise the feeling of horror which the very notion of an Irish army conveyed to the mass The popular of Englishmen. Pride of race and pride of religion ^ ew - combined in regarding the mere suggestion of the introduction of such a force as a deadly insult. The English people resented it as the Americans resented the employment of Indians against them in 1776, and as the Germans resented the employment of Turcos against them in 1870. To bring over Irishmen to crush their liberties was in their eyes to let loose a horde of pitiless Popish savages upon the sober Pro- testant, God-fearing population of England. To have planned such an atrocity was sufficient to exclude the contriver from the courtesies of civilised existence. That the suggestion of bringing over the Irish army, when once it came to be known, added bitter intensity to the feeling 1640 STRAFFORD'S MISTAKE. 127 of hatred with which Straffbrd was now beginning to be regarded, Position is be y nd dispute. That hatred dates from the day taken by of the dissolution of the Short Parliament. From thenceforth the name of Strafford, of black Tom Tyrant, as he' was sometimes called, was coupled with that of Laud in the popular imagination, as the bulwark of arbitrary and despotic government The popular imagination was in the main right. No doubt StrarTord would have rejected the charge. It was the Com- mons, he thought, who had failed to do their duty. The case was one in which, as he afterwards expressed it, the King might * use as the common parent of the country what power God Almighty hath given him for preserving himself and his people, for whom he is accountable to Almighty God.' This power, he then added, could not ' be taken from him by others \ neither, under favour, is he able to take it from himself.' 1 Somewhere -or another in every constitution a power must be lodged of providing for extreme necessities, irrespective of the bonds of positive law, and this power had, at least for some generations, been lodged in the Crown. What StrafTord failed to see was that the King had brought that power into contempt by con- stantly using it to provide for necessities which were not ex- treme. Men were slow to believe that a special emergency existed when that emergency had been appealed to to justify an unparliamentary government of eleven years. Stratford was undoubtedly in earnest in desiring to put an end to this evil system. If he had no wish to anticipate the constitution of the eighteenth century, he at least wished to bring back the con- stitution of the sixteenth. It was precisely this which he was powerless to do. If his master had returned victorious from the Northern war at the head of a devoted army, no result but the establishment of a military despotism would have been possible for him. Against this the great national party, with Pym at its head, now numbering the vast majority of educated Englishmen, raised its voice. They were no reformers, no followers of new ideas, by which the lives of men might be 1 Rushworth, Strafforfs Trial, 559. 128 . PASSIVE RESISTANCE. CH. made brighter and happier than of old. They wished to worship as their fathers had worshipped, to believe as their fathers had believed, and to live as their fathers had lived. They did not wish to be harassed by constant changes, of which they did not understand the import, and of which they mistrusted the tendency. To them Parliaments were not an instrument of improvement, but an instrument to avert unpopular altera- tions. Parliamentary supremacy would give full 'expression to the inertia which appeared to Strafford to be the most dangerous quality of human society. To him, the active- minded reformer, impatient of restraint, the very thought of Parliamentary supremacy was abominable. He did not, could not, rise up into the knowledge that acceptance of the limita- tions imposed by the national temper was the only condition under which permanent reforms could ever be accomplished. He did not even acknowledge to himself that the national temper was truly reflected in the Parliament which had been so recently dissolved. That temper could not but have a wider scope than Straf- ford's personal weal or woe. With each year the estrangement between Charles and the nation had been growing endangered wider. The suspicion that he and his advisers were plcionofan tampering with the Catholic emissaries had rooted l&t inva " itself dee p!y in me minds of his subjects. The dis- solution of the Short Parliament had proved that it was hopeless to expect him to return to constitutional ways ;. while Stafford's appeal to the Irish Catholics in the Parliament at Dublin seemed to place beyond doubt especially as it was followed by preparations for gathering an Irish army that Charles meant to rely on the Catholics for aid ; and it did not need the rumour which bruited abroad the language used by Strafford in the Council-chamber, to convince men that if Scot- land were subdued by the help of Irish Catholics, England's- turn would come next. Charles had found it impossible to rouse the House of Com- The scots mons against the Scots, and he would find it equally not hated. i mpossible to rouse ihQ English nation against them. The memory of the old national wars had died a\vay> 1640 TWO SYSTEMS OF GOVERNMENT. 129 and the personal union of the kingdoms had prevented the two nations from coming into angry collision with one another. What was known of the Scots was in English eyes to their advantage. They were certainly enemies of Laud and of the Pope, whilst thousands in England who were not Puritans, were violent enemies of Laud, and still more violent enemies of the Pope. Once more, and more fatally than ever before, Charles had misunderstood the currents of opinion with the help of which he would have to direct his course. On May 5 two systems of government entered upon the final Ma struggle for supremacy in England. Each of these Stafford" systems had its own representative leader. The voice and Pym. of p ym was silence f or a t j me> i t was f or Strafford to do what in him lay to encourage his fainting allies, to stand forward as the saviour of monarchical government in its hour of trial. At once a Declaration was issued in the King's name for general circulation. Subjects were reminded that of old time The King's ^ had b een ^ e ^ to be the duty of Parliaments to Declaration. SU pp Or t their kings in time of war not to abuse their power of control over supplies to extort the surrender of Measures of ^ "ghtful prerogatives of sovereigns. 1 Orders were the Govern- also issued to the lords-lieutenants to postpone the departure of the new levies till June 10, so as to gain .a little time for financial preparation. 2 The studies of Lords Saye and Brooke, of Pym, Hampden, and Erie, were searched, doubtless in the belief that evidence would be secured of criminal intelligence with the Scots. No compromising matter was discovered, and no further proceeding was taken. Three May s. other members did not escape so easily. Crew, the Members of Chairman of the Committee on Religion, was sent Parliament in prison. to the Tower for refusing to deliver up the petitions .entrusted to his charge. Sir John Hotham and Henry Bellasys were questioned about their speeches on the military charges. Both declared that they neither c could nor would remember ' words which they had spoken in Parliament Both were 1 Rush-worth, iii. 1160. * Ibid. in. 1170. VOL. IX. K 130 PASSIVE RESISTANCE. CH. committed to prison on the ground that they had given un- dutiful answers to the Council ; and in this way, at least the- appearance of an attack on the privileges of Parliament was; avoided. The Council then turned its attention to the financial diffi- f ^ e Crown. Sheriffs, who had been re- Shi -mone and coat- miss in the collection of ship-money, were subjected to< and-conduct . i ;L ,11 money stern questioning by the Attorney-General, and orders- en orced. ^^ sent to ^ deputy-lieutenants to see that coat- and-conduct money was duly paid. 1 On the 7th the Lord Mayor and aldermen were summoned before the Council The King told them that he expected May from them a loan of 2oo,ooo/. If they did not pro- Lord Mayor vide the money, c he would have 300, ooo/. of the City/ They were to return on the loth with a list of to lend. suc k p ersons m t h e i r severa i wa rds as they believed to be capable of bearing their part of the loan, rated according Ma IQ to their means. On the appointed day they came Stratford's without the list Strafford lost his temper. " Sir," threats. ^ sa ic[ to t k e King, " you will never do good to these citizens of London till you have made examples of some of the aldermen. Unless you hang up some of them, you will do no good with them." 2 The King ordered the Lord Mayor, Garway, to resign his sword and collar of office ; and though'/ at the intercession of the bystanders, he relented and restored'* them, he committed to prison four of the aldermen Soames, Rainton, Geere, and Adkins who had been specially firm in imprison- their refusal One of them > Alderman Soames, gave Sdermen? ur P articillar offence. "I was held an honest mar whilst I was a commoner,," he told the King to his . face, " and I would continue to be so now I am an alderman." The other aldermen professed their readiness to give in the names of the richer citizens, though they objected to rate then- according to their means. 3 1 Jtusfavrtt, iii. 1,167. Rossingham's News-Letter, May 12, S. P. Dom. ccccliii. 24. Rossetti to Barberini, May ~, ^. Q. Transcripts. * Rushworth, Stratford?* Trial, 586. Salvetti j s Xcw-Lettert May A Council Register, May 10. Rossing- 1640 SPANISH DIPLOMACY. 131 From the London citizens StrafTord turned to the Spanish Court. He had always supported an alliance with Spain, and Strafford the recent occurrence in the Downs had strengthened IpanUh hi m i n kis desire to break the maritime superiority affiance. o f t h e Dutch. For the present, however, the conflict for empire must be waged in Scotland, and it was to gain the s anish mone y rather than the fleets of Spain that his efforts ambassadors were directed. There were now no less than three in England. Spanish ambassadors in England. The Marquis of Velada and the Marquis Virgilio Malvezzi l had come to the assistance of Cardenas, who, though he had been re-admitted to his right of audience, was in no good odour at the English Court. So great a diplomatic display was regarded by Charles as a sign that the new ambassadors were instructed to accept the proposals of. marriage of which he had communicated hints to Olivares a few months before. 2 On this point, however, the ambassadors remained obstinately silent They declared that the object of their mission was solely to treat of a league against the Dutch. Before the dissolution, commissioners, of whom StrafFord was the leading spirit, had been appointed to nego- tiate with them on this subject. At once it appeared that there Negotiation was a radical difference of opinion between the two ?osed epr " Parties. The Spaniards insisted that, by accepting alliance. the secret treaty of 1630, the English Government should bind itself to an open rupture with the States-General, with a view to the ultimate partition of the territory of the republic. The English diplomatists preferred to start from Necolalde's articles of 1634, which would not involve an avowed breach with the Dutch. Under ordinary circumstances this radical difference of opinion would probably have brought the negotiation to an end. On May 10, however, the day of the imprisonment of ham's News-Letter, May 12, S. F. Dom. ccccliii. 24. Rossetti to Bar- berini, May I 5 , J?. O. Transcripts. . l This visit explains Milton's reference to him as c their Malvezzi, that. can cut Tacitus into slivers and steaks.' Ref. of Church Gav. Malvezzi, must have been a well-known personage in London. 2 See page 89. 132 PASSIVE RESISTANCE. CH. xcn. the aldermen, Stafford discovered the improbability that he would succeed in obtaining any considerable sum of money May ii. from the City. The next morning he visited the ambassadors in person. His master, he told them, loan from was indeed ready, as soon as it was in his power, to join them in that league against the Dutch which was the object of their wishes ; but it was not in his power to do so as long as Scotland was unconquered. To conquer Scotland a large sum of money was needed. Why should not the King of Spain lend 300,0007. for that purpose? As soon as Scotland was subdued war should be declared against the Dutch. Even for the present the English fleet could be used in conveying supplies to Flanders, and in protecting Dunkirk against a siege. Permission, too, would be given for the levy of 3,000 Irishmen for the Spanish service. The King of Spain should have ample security for the repayment of the loan, and, even if that failed, Philip might easily recompense himself by the seizure of the property of English merchants whose vessels happened at the time to be in Spanish harbours. 1 The end of his tragic struggle against the world must have been drawing very near before even Strafford could have ven- tured on so audacious a proposal. The days which followed must have been for him the saddest in his life far sadder than those in which, after the lapse of a year, he stood proudly con- scious of the rectitude of his cause on the scaffold on Towe~ Hill. In vain was the iron will and the ready wit given him he could not breathe his own hardihood into the breast of th< Hesitation man without whom he was as powerless as an infanti of Charles. In the yery Cli5is of the struggle Charles hesitated and drew back. Stafford stood alone as the champion of the causd of monarchy. It was not entirely without reason that Charles was terrified^ On the 6th papers were posted up calling on the apprentices to- i Windebank to Hopton, May n, CZar. S. P. ii. 83. Velada to the Cardinal Infant, April g, May - m Velada to Philip IV., May Ht^i *% BrUS5els MSS ' Secr ' d ' Ets * Es P' cclxxx iv. fol. 153, ,01, ai^'-Lj 258, 268, 276. 1 640 THE LAMBETH RIOTS. i 33 join in hunting c William the Fox ' for breaking the Parliament 1 May 6 . Three days later a placard was placed up in the Ex- a^ainst 15 change inviting all who were faithful to the City, and Laud. lovers of liberty and the commonwealth, to assemble in St. George's Fields in Southwark, on the early morning of the i ith. Warned in time, the Council ordered that St. George's Ma iz Fields should be occupied on the nth by the South- Riots at wark trained bands. 2 The apprentices were not so Lambeth. baffled< Thev wa i tec j quietly till the trained bands had retired in the evening. A little before midnight a mob of some five hundred persons, for the most part journey- men and apprentices, answered to the summons. In this class the general dislike of Laud was sharpened by its own special grievances against the new monopolies. 3 With a drum beating in front, the rabble took its way to Lambeth. Laud, warned in time, had placed his house in a state of defence, and had crossed the river to Whitehall for safety. 4 The rioters, finding that their prey had escaped them, retired with threats of returning to burn down the house. Next morning May 12. ^ Council gave directions that watch should be kept by night as well as by day, and that the trained bands of Middlesex and Surrey should be called in to help in preserving insulting order. Several persons were arrested on suspicion. placards. Insulting placards continued to be posted in the streets, threatening an attack on the apartments of the Queen's mother at St. James's, and calling on the mob to pull down her chapel and do what mischief they could to her priests. Others urged that Laud should be dragged out of Whitehall and murdered. One went so far as to announce that the King's palace was to let. Nor were these tumults confined to the mob alone. At Aylesbury some soldiers mutinied against their officers, and twenty-two houses were burnt down a> ia " before the disturbance was quelled. In Kent the yeomen and farmers who had been pressed declared that they were not bound to go beyond the limits of their county, and left 1 Laud's Works, iii. 284. 2 Rush-worth^ iii. 1173. 3 Joachimi to the States-General, May " Add. MSS. 17,677 Q, fol. 190, 4 Liud's JJ T ors 9 iii. 284. 134 PASSIVE RESISTANCE. CH. xcn. the ranks in a body. On the night of the i4th the Court was startled by a fresh outrage. The prisons in which the rioters were confined were broken open by a mob, and the prisoners were set at liberty. It was plain that something must be done, if the country was not to lapse into anarchy. Orders were given to the deputy-lieutenants and the justices of the peace Ma i of several counties who happened to be in London, General ' to return home to preserve order. Doubts, however, nsecunty. ^ &i& fredy expressed whether the guardians of the peace could be depended on. It was said that they had been sent from London to keep them from the temptation of imi- tating the Covenanting Tables. The support of the lower ranks was still more doubtful. The recent imprisonment of the aldermen had been felt by the City as an insult. The free- holders and farmers of Middlesex and Surrey had no love for Laud. They were heard to mutter that, if they must fight, they would rather fight against the Government than for it. The defence of the Queen's mother was especially distasteful. It was known that she had urged her daughter to use her influence with the King during the sitting of the late Parliament, and it was taken for granted that this influence had been used to hasten the dissolution. For the first time in the reign the name of Henrietta Maria herself was drawn into the political conflict. 1 It could not well be otherwise. It had been so natural for her to take the part of her husband's Roman Catholic subjects ; so natural, too, for her to urge their cause in contemptuous disregard of a public opinion of which she The Queen nei 5 her understood the meaning nor estimated the p^e for aid ^^ Yet > when a11 allowance has been made for the ignorance of a woman and a foreigner, it is diffi- cult to speak with patience of the rash act of which Henrietta Maria, if not Charles himself, was now guilty. At the height 1 Laud's Diajy, Works, iii. 235. Rush-worth, iii. 1173. Rossetti to Barberini, May I*, R. 0. Transcripts. Salvetti's News-Letter, May ^ Giustinian to the Doge, May *J, Vm. Transcripts. Rossingham's Nws- LetUr, May 19, Sloanc MSS. 1,467, fol. 198. Deputy-Lieutenants of Kent to the Council, May n, .. P. Dom. ccccliii. u. 1 640 CHARLES HESITATES. 135 .of the alarm Windebank appeared before Rossetti, conjuring him to write to Rome for help in money and men. The Pope, it was probably thought, would be ready to assist the King, especi- . ally as the subjects who now endangered his throne were always jready to clamour for the persecution of the Catholics, whilst -Charles had extended to them some measure of protection. 1 Whilst overtures so ruinous were being made to Rome, -voices were raised at Whitehall in condemnation of Straf- straffbrd ^ or ^- Why, it was asked, had he brought things to .blamed. such a pass without sufficient forces at his disposal to compel submission. 2 The attack on the prisons brought matters to a crisis. Six thousand foot were ordered -Fresh pre- up from the trained bands of Essex, Kent, and Hert- , cautions. f or( i s hire. It was impossible to fall back thus on popular support without conceding something to the popular Concessions agitation. On the 15th, the day after the attack on made. the prisons, Hotham and Bellasys, together with the four aldermen, were set at liberty, though the latter were required to enter into bond to appear in the Star Chamber when called on. The next day, when the Lord The loan not Mayor and aldermen repeated their refusal to rate .pressed. further reproaches. On the i yth the sheriffs of London were or- ^dered to make a bonfire of a large number of Roman Catholic 1 Rossetti's letter of May ~ is not to be found amongst the RecorJ Office Transcripts, but its purport is clear from Barberini's reply of June ~ .and from Rossetti J s answer to Barberini of Aug. 2 . Windebank is directly .stated to have made the overture. It is impossible that he should have done so without orders from the Queen or the King. That the Queen knew of this seems made out by the fact that Rossetti as a matter of course communicated Barberini's reply to her, and also by the part she sub- sequently took in pressing for similar help in the course of 1641. On the other hand, the long conversation with Windebank, related in the last- named letter, turns so entirely on the King's proceedings, that it seems very likely that the secretary was originally commissioned by him. Indeed, .if the Queen had opened the negotiation, without her husband's knowledge ^she would hardly have employed a Secretary of State. 2 Montreal's despatch, May , Bibl. Nat. Fr. 15,995, fol. 87. I 3 6 PASSIVE RESISTANCE. CH. xciu books which had recently been seized. Even a party of young May I7> lawyers, who had drunk confusion to the Archbishop, Roman were dismissed by the Council on the plea, sug- books burnt, gested to them by Dorset, that they had been really drinking confusion to the Archbishop's foes. There was even Proposed ta lk of taking up again the dropped negotiation with negotiation g co tland, With the exception of Loudoun, the Scotland. Scottish commissioners were set at liberty. 1 Traquair was asked whether he would undertake a mission to Edinburgh to preside over the Parliament which was to meet in June. On his refusal, Hamilton was requested to go. The King, how- ever, proposed to delay Hamilton's journey, and to prorogue the Scottish Parliament for another month, on the characteristic ground that by the middle of July he would know whether he was to have a loan from Spain which would enable him to make war on Scotland. 2 Such was the end of Charles's first attempt to do all that power would admit Though a list of names of those qualified Abandon- to lend was sent in by the aldermen, the project of StSfoJd's forcing a l an froin ^t London citizens was tacitly policy. abandoned. Efforts would still be made to enforce the payment of ship-money and coat-and- conduct money ; but even if ship-money and coat-and-conduct money were collected with more regularity than was likely to be the case they would not pay the army in the field. By pressure upon official persons- the loan which had been begun with the Privy Councillors was raised by May 15 to 232,5so/. 3 But this sum had been already spent, and except in the very unlikely case of a loan from Spain no way appeared to meet the necessities of war. The feeling with which Stafford's violence was regarded by loyal but un- 1 Montreal's despatch, May Bib. Nat. Fr. 15,995, fol. 87. Ibid. fol. 89. Ginstiman to the Doge, SH-H Vtn. Transcripts. Council Register, May 15. Rush-worth, iii. ngo. ^ - Montreal's despatches, May f^f, BibL Nat. Fr. 15,995, fo l. GiustiniantotheDoge,-^?, Ven. Transepts. May 26, Sloane MSS. 1,467, fol. 112 b. 'count of the Loan, S. P. Dom. ccccliii. 14. 1 640 DESPONDENCY AT COURT. 137 enthusiastic subjects was well expressed by Northumberland. May is. " The nature f most men," he wrote to Conway, Northum- who had already been sent to drill the cavalry in letter to the North, " is not willingly to acknowledge an error Conway. unti j t k ev nee ds must, which is some of our condition here at this time. We have engaged the King in an expensive occasion, without any certain ways to maintain it ; all those that are proposed to ourselves have hitherto failed, and though our designs of raising this great army are likely to fail, yet are we loth to publish that which cannot many days be concealed. In plain terms I have little hope to see you in the North this year, which I profess I am extremely sorry for, conceiving it will be dishonourable to the King, and infamous for us that have the honour to be his ministers, when it shall be known that he shall be obliged to give over the design." 1 Strafford was no longer at hand to inspire courage into the fainting hearts at Whitehall. For some days he had been absent from the Council table, suffering from an otranord s _ _ *"* conversation attack of dysentery. On the first news of the tumults, nsto . Bristol had sought him out, and had urged him to give his voice for another Parliament. To the calm, good sense of Bristol, the policy of adventure into which the King had been drawn seemed devoid of all the higher elements of statesmanship. When, some months later, Bristol gave an account of his conversation with Strafford on this occasion, 2 he stated ' that he never understood by the discourse of the Earl of Strafford that the King should use any force or power of arms, but only some strict and severe course in raising money by extraordinary ways for his supplies in the present danger/ To Bristol's plea for another Parliament Strafford was entirely deaf. He did not indeed show any ' dislike of the said discourse, but said he held it not counsellable at that time, neither did the present danger of the kingdom, which was not imaginary, but real and pressing, admit of so slow and uncertain remedies ; that the Parliament, in this great distress of the King and kingdom, 1 Northumberland to Conway, May 1 8, S. JP. JDom. - The date is fixed as being not long after the dissolution, and also by the reference to the Lambeth tumults and the mutinies of the soldiers. 138 PASSIVE RESISTANCE. CH. xcn. had refused to supply the King by the ordinary and usual ways, .and, therefore, the King must provide for the safety of the kingdom by such ways as he should hold fit, and this examinant remembereth the said Earl of Strafford used this sentence, Salus reipiiblica suprema lex. This examinant likewise thinketh that at -the same time the said Earl of Strafford used some words to this purpose, that the King was not to suffer himself -to be mastered by the frowardness, or undutifulness of the people, or rather, he conceived, by the disaffection of some particular men. 3 Bristol proceeded to depose that, according to the best of his memory, Strafford added, 'that when the King should see himself master of his affairs, and that it should be seen that he wanted not power to go through with his designs as he hoped he would not do then he conceived that 5 it would be advisable to call a Parliament f and nobody should contribute more than himself to all moderate counsels/ 1 When these words of high courage, worthy of a better cause, were uttered, Stratford's health was already giving way. _ _ _, The violence of the disease was doubtless aggravated Stratford s , .. , . . unpopu- by all that was passing around mm. The scowling lanty ' discontent of the gentry, the suppressed hatred of the London citizens, the growing detestation of the populace, which coupled his name at last with that of Laud in its anger, might have been met calmly and defiantly, if the assailed minister had been sure of support from his Sovereign. Strafford knew that his adversaries were not inactive ; that Holland, and Pembroke, and Dorset were sounding his faults in Charles's His secrets ear \ 2 tnat Priv y Councillors, in spite of their oath .divulged. of secrecy, had betrayed to members of the House of Commons the resolution taken to dissolve Parliament some days before it was publicly announced ; 3 and that the secret of his negotiation with Spain had been no better kept. 4 1 Bristol's Deposition, Jan. 14, 1641, Sherborne MSS. 2 MontreuiTs despatch, May -, BibL Nat. Fr. 1,599, foi. 89. Form of Oath, May 27, S. P. Dom. cccclv. 11. r, May iJ5. The security offered on the mer- chants goods, however, seems to have remained a secret. 3640 STRAFFORITS ILLNESS. 139 The strain was too great for the weakly body in which that will of iron was enshrined. In Ireland, during his last visit, he His health na< 3 been racked by gout and dysentery. On his .gwesway. re t urn he had been borne to London in a litter. When he found himself once more at the centre of aifairs, he had shaken off his weakness. He had stepped without an effort into a commanding position in the Council. He had organised the House of Lords in resistance to the Commons. Then, when the dissolution came, it was he who had taken the lead in the high-handed compulsion which was to gather up the resources of an unwilling nation to be used for purposes in which it took no pleasure. A week after the dissolution the excitement of the conflict had told upon him, and he was again suffering. Then came the bitter disappointment of failure. On the i5th, the day on which the aldermen -were released, he was forced to receive the Spanish ambassadors in bed. 1 Two or three days later, his life was in imminent danger. In some few the knowledge called forth expressions of bitter sorrow. One royalist poet, ignorant of what another year was to bring forth, called upon him to live, not for his own sake, but for the sake of his country. 2 His personal friends were broken-hearted with grief. Wandesford, left behind as Lord Deputy to rule Ireland in his name, passed on the bitter tidings to Ormond. "The truth is," he wrote, "I am not master of myself, therefore I cannot enlarge myself much. If you did not love this man well of whom I speak, I would not Ma a write thus much." Then came days on which hope His con- ' returned, and on the 24th the King visited him, to congratulate him on his convalescence. In the pre- sence of the king, Stafford had no eyes for the vacillation of the man. To him Charles was still what Elizabeth had been to her subjects, the living personification of government, at a time when government was sorely needed. True to his cere- 1 Velada to Philip IV., May g, Brussels MSS. Sec. d'Etat Esp. cclxxxiv. 258. 2 This curious poem, probably the work of Cartwright, has recently been printed in the Camden Miscellany f , vol. viii., from the MS. in the library of Corpus Christi College, Oxford. 140 PASSIVE RESISTANCE. CH. monlous loyalty, the convalescent threw off his warm gown to receive his Sovereign in befitting guise. His imprudence went near to cost him his life. Struck down again by the chill, it was only after a week, In which the physicians despaired of recovery, that hope could again be spoken of to his friends. It was not thus that he was to pass from this world of toil, of error, and of sin. l Before Charles visited Strafford, he had already repented of his hesitation. The forces which he had called to his aid May 20. had been sufficient to prevent any repetition of the s?ot?.d w " h tumults - On the soth it was resolved in Council pasted in. that the proposed negotiation with Scotland should be abandoned. A violent attack written by Baillie, against Laud and his system, 2 which had just reached the King's hand, made him more than ever averse to an accommodation. But the difficulty of finding means to conduct the war was as in- superable as ever. By the end of the month the Difficulty of * rt- 11 j i i j j collecting amount of ship-money collected barely exceeded / >? ] ess t j ian one .tenth of the sum required, * and every letter to the Privy Council from the country carried news of the impossibility of obtaining more. Constables refused to assess, and even when this difficulty had been surmounted those who were assessed refused to pay. If distresses were taken, the articles seized were either rescued by violence, or were left on the hands of the officers because no one would buy and coat nem - ^ n many parts of the country the levy of coat- and-conduct and-conduct money was equally unpopular. Some- mone> ' times it was directly denounced as illegal, and where - this was not the case, payment was refused on the score of poverty. Against this spirit of insubordination, the Council which met on the 2oth took such measures as were in its power. A special committee was formed to watch over the enforcement 1 Wandesford to Ormond, May 26, 29, June 4, 7, Carte JfSS. i. 197, 199, 200, 203. * Ladensium avroKaraKpttris, an answer to Lysimachus Nicanor^ by whom the Covenanters were charged with Jesuitry. Rossingham's Letter^ May 26, Shane AISS. 1,467, fol. 112 b. 3 Account of ship money, May 30, S. P. Dom. cccclv, 92. 1640 THE LAST CASE OF TORTURE. 141 of ship-money, 1 and orders were given to prosecute in the Star Measures of Chamber those amongst the sheriffs who were held the Council. to ] aave b een more tnan ordinarily remiss. Equal severity was to be used to gather in coat-and-conduct money : and five deputy-lieutenants of Hertfordshire, who had ex- pressed themselves doubtfully as to the legality of the imposition, were summoned before the Board. 2 How much remained to be done may be gathered from the fact that, out of 2,6oo/. demanded from Buckinghamshire, only SI. ics. had been collected; and, though this was an extreme instance, other counties were not far in advance. 3 The day after these resolutions were taken, one of the leaders of the Southwark tumults was tried before a special May 21.' commission. The judges laid it down that the Declared 5 disturbances amounted to high treason, and sup- treasonable, ported their decision by a precedent from the reign of Elizabeth. The prisoner, a poor sailor, was therefore sen- May 23. tenced to be quartered, as well as hung, and the Execution of sentence was carried into execution at Southwark, a rioter, though the authorities mercifully allowed him to hang till he was dead, before the hangman's knife was thrust into his body. John Archer was less fortunate. His part had been to beat the drum in advance of the crowd which marched to the attack May 21. upon Lambeth. A glover by trade, he had been SSJtTorof P ressed into the King's service to go with the army Archer. a s a drummer, and, for some reason or other, it was supposed that he could give information against persons in high position, who were believed to have instigated these tumults. Orders were accordingly given to put him to the torture. The last attempt ever made in England to enforce confession by the rack was as useless as it was barbarous. Archer probably had nothing to disclose, and he was executed without making any revelation. 4 1 Rushworlh, iii. 1184. 2 Rossingham's News- Letter > May 26, Sloanc. AfSS. 1,467, fol. 112 b. " Crane to Crane, May 29, Tanner MSS. Ixv. 78. 4 Warrant to torture Archer, May 21, S. P. Dom. ccccliv. 39. Jar- I 4 2 PASSIVE RESISTANCE. CH. xcn. These stern measures were not without effect. For some- time extraordinary precautions were needed. On the 2>jth a placard was fixed up in four places in the City, calling- ment e di c es e " on the defenders of the purity of the Gospel to kill out ' Rossetti. The King was insulted even within the walls of his palace. Some one scratched with a diamond on a window at Whitehall : "God save the King, confound the- Queen and her children, and give us the Palsgrave to reign in this kingdom." l Charles dashed the glass into fragments with his hand. There was, however, no further disturbance in the streets, and after some little time the trained bands summoned to the aid of the Government were sent home or counter- manded, and the capital resumed its usual appearance. During these days of disturbance, Convocation had been busily at work, in spite of the dissolution of Parliament. It May 9. was none of Laud's doing. The Archbishop shared StSS? 011 the eneral opinion, that the end of the Parliament sitting. brought with it the end of the Convocation, and applied to the King for a writ to dismiss the ecclesiastical assembly. To his surprise, the King answered that he wished to have the grant of subsidies completed, and that the canons, the discussion of which had been begun, should be finally adopted. He had spoken to Finch, and Finch had assured him that the continuance of a session of Convocation after the dissolution of Parliament was not prohibited by law. Laud expostulated in vain. He was irritated that the King had con- ferred with the Lord Keeper rather than with himself, in a matter which concerned the Church, and he had reason to- fear that the proceeding would not be so well approved of by Ma - 1 public opinion as it was by Finch. When the King's mind was made known in Convocation, some mem- bers of the Lower House expressed doubts of the legality of the course pursued, and Charles laid the question formally before dine's Reading on the Use of Torture, 57, 108. Rossingham's News-Letter, May 26, Sloan* MSS. 1,467, fol. 112 b. 1 I retranslate from Rossetti's Italian. Rcssetti to Barberini, y -^ JR. 0. Transcripts. June 8r 1 640 THE NEW CANONS. 143 a committee of lawyers for their opinion. 1 The opinion of May 14. the lawyers coincided with that of Finch, and on T roniunce r ft ^ I S t ^ 1 ' ^6 ^ on which the King was giving in legal. on everything else, it was announced to the two May 15. Houses that they were to meet on the next day for business. On the 1 6th Convocation took into consideration a prece- dent of 1587, when their predecessors had granted a benevo- May 16. lence to Elizabeth in addition to the subsidy which .lanted 31 ^? had received Parliamentary confirmation. 2 They,. benevolent, therefore, renewed their grant of 2o,ooo/. a year for six years, only, instead of calling it a subsidy, they called it a benevolence, or free contribution. Having thus expressed their loyalty, the Laudian clergy published, in seventeen new canons, their manifesto to a dis- loyal generation. Those canons, indeed, were not canons wanting in that reasonableness which has ever been agreed on. the special characteristic of the English Church. They do not simply fulminate anathemas. They condescend to explain difficulties, and to invite charitable construction. The canon relating to the ceremonies began with a de- on the cere- claration that it was c generally to be wished that monies. unity of faith were accompanied with uniformity of practice . . . chiefly for the avoiding of groundless suspicions of those who are weak, and the malicious aspersions of the professed enemies of our religion.' It went on to say that the position of the communion-table was e in its own nature in- different,' but that the place at the east end being authorised by Queen Elizabeth, it was fit that all churches ' should con- form themselves in this particular to the example of the cathe- dral or mother churches, saving always the general liberty left to the bishop by the law during the time of the administration 1 The committee consisted of Finch, Manchester, Chief Justices Bram- ston and Lyttelton, Attorney-General Bankes, and Sergeants \Vhitfield and Heath. 3 Nalson, i. 365. Laud's Works, iii. 285. Strype's Life of Whitgift, i. 497, iii 196. Parliament was still sitting when the grant by convocation wns made in 1587. 144 PASSIVE RESISTANCE. CH. xcn. of the holy communion.' This situation of the holy table did not imply that ' it is or ought to be esteemed a true and proper altar, wherein Christ is again really sacrificed ; but it is, and may be called, an altar by us, in that sense in which the primi- tive Church called it an altar, and in no other.' As this table had been irreverently treated, it was to be surrounded with rails to avoid profanation, and, for the same reason, it was fitting that communicants should receive at the table, and not in their seats. Lastly, the custom of doing reverence and obeisance upon entering and quitting the church was highly recommended, though in this the rule of charity was to be observed, namely, * that they which use this rite, despise not them who use it not, and that they who use it not, condemn not those that use it.' It can hardly be disputed that there is more of the liberal spirit in this canon than in the Scottish Covenant It is fairly justifiable as a serious effort to find a broad ground on which all could unite. Its fault was that it sought to compel all to unite on the ground which it had chosen. No doubt this was a common fault of the time. In the British Isles at least no one, with the exception of some few despised Separatists, had seriously advocated the idea that worship was to be tolerated out- side the National Church. What was fatal to the canon on the ceremonies was that the worship which it advocated was not in any sense national. It approved itself to the few, not to the many, and the many who objected to it had besides other reasons for being dissatisfied with the authorities by whom it was imposed. The canons were therefore at every disadvantage in com- parison with the Covenant, as far as their subject-matter was The Divi concerned. They were no less at a disadvantage in right o? the sanction to which they appealed. The Covenant khlgs " claimed to be, and in the main was, the voice of the Scottish Church and people. The canons were only in a very artificial sense the voice of the English Church, and they were in no sense at all the voice of the English people. They were therefore driven to magnify the authority of the King, from whom alone Convocation derived its title to legislate. In the forefront of the argument, therefore, was placed the inculcation i6 4 o JVJ1SIXE RIGHT OF KIXGS. 145 of the obedience due to kings. " The most high and sacred order of kings," it was declared in a canon ordered to be read in churches four times in every year, "is of Divine right" It was founded in the prime laws of nature, and clearly established by express texts both of the Old and New Testaments, that God had Himself given authority to kings over all persons ecclesiastical or civil. Therefore it was treasonable against God, as well as against the King, to maintain ' any independent coactive power either papal or popular,' whilst ' for subjects to bear arms against their kings, offensive or defensive, upon any pretence whatsoever,' was ' at the least to resist the powers which are ordained of God,' and such as resisted would receive to themselves damnation.' In this language there was nothing new. It had been used in the sixteenth century to attack the claims of the Pope. It would Xew import be used again in the latter half of the seventeenth cen- kfn^uage turv to at ^ack the claims of the Presbyterians. Where u^d. Laud erred was in failing to see that an argument always derives its practical force from the mental condition of those to whom it is addressed. The Divine right of kings had been a popular theory when it coincided with a suppressed assertion of the Divine right of the nation. Henry VIII. and Elizabeth had prospered, not because their thrones were established by the decree of Heaven, but because they stood up for the national independence against foreign authority. Charles and Laud had placed themselves outside the national conscience, and their Divine right of kings was held up to the mockery of those to whom their assertions were addressed. Nowhere was Laud's feeble grasp on the realities of life shown more than in the clause relating to taxation. It was the The question duty of subjects to give ' tribute and custom, and aid of taxation. an( j su bsidy, and all manner of necessary support and supply ' to kings, ' for the public defence, care, and pro- tection of them.' Subjects, on the other hand, had 'not only possession of, but a true and just right, title, and property to and in all their goods and estates, and ought so to have.' A more innocuous proposition was never drawn up, if it implied that the subjects were to be the judges whether their money VOL. IX. L 146 PASSIVE RESISTANCE. ' CH. XCIL was needed for the public defence. If, on the other hand, it implied that the King was to be the judge, it erected a despot- ism as arbitrary as that which existed in France. What was- the bearing of such high-sounding platitudes on the question really at issue whether an invasion of Scotland was or was not necessary for the public defence and protection of Englishmen? In one point at least the new canons directly imitated the Covenant. It was impossible that the effective force of the The etcetera oath which bound Scotsmen together could have oath. escaped the eye of Laud. The Church of England, too, should have its oath, not enforced by lawless violence, but emanating from legitimate authority. "I, A. B.," so ran the formula, "do swear that I do approve the doctrine and dis- cipline, or government, established in the Church of England, as containing all things necessary to salvation, and that I will not endeavour by myself or any other, directly or indirectly, to bring in Popish doctrine, contrary to that which is so estab- lished, nor will I ever give my consent to alter the government of this Church by archbishops, bishops, deans, and arch- deacons, &c., as it stands now established, and as by right it ought to stand, nor yet ever to subject it to the usurpations and superstitions of the See of Rome." This oath, soon to be known to the world as the etcetera oath, was hardly likely to serve the purpose for which it was its unpopu- intended. The ridicule piled on the demand, that larity. every clergyman, every master of arts who was not the son of a nobleman, all who had taken a degree in divinity, law, or physic, all registrars, actuaries, proctors, and school- masters, should swear to make no attempt to alter institutions, which the very framers of the formula omitted completely to- specify, would have had little effect if the oath had in any way given expression to the popular sentiment It is true that, even in this unlucky production, all was not amiss, and in these days we may contemplate with satisfaction the spirit which demanded no more than a general -approval of the doctrine of the Church as containing all things necessary to salvation. After all, the main fault to be found with the oath is that it was intended to be imposed on those who did not want to take it ; 1640 LAUD AND GOODMAN. 147 whilst the Covenant, at least in its earlier days, was intended to bind together, in conscious unity, those who approved more or less zealously of its principles. 1 The very existence of this Convocation, after the dissolution of Parliament, was in itself a special offence. It accentuated the distinction, already sharp enough, between the Convocation laity and the clergy. The clergy, it seemed, were to form a legislature apart, making laws in ecclesiastical matters, and even laying down principles for the observance of Parliaments in such essentially secular matters as the grant of subsidies. No doubt it was the Tudor theory, that Convocation was dependent on the King and not on Parliament, just as it was the Tudor theory that the Royal supremacy in ecclesiastical matters was vested in the Crown antecedently to Parliamentary statutes. The time was now come when the sufficiency of these theories to meet the altered circumstances of the time would be rudely put to the test Even in Convocation itself, the question was raised. Bishop Goodman of Gloucester, who had retained his bishopric in spite of his conversion to the Roman Catholic Church. JMay 20 Conduct of took umbrage at a canon directed at those professors Goodman. of ^jg cree( ^ ^o were more honest than himself. * He would be torn with wild horses,' he told Laud, before he would subscribe that canon.' When he reached the place of meeting his courage failed him. He fell back on a denial of the right of Convocation to make canons when Parliament was not sitting. Laud waved aside the objection and told him he was obliged to vote for or against the canons. On his refusal to do either, the Archbishop, with the consent of Convocation, suspended him from his office. In the end, Goodman gave way and signed the canons as they stood. As soon as the King heard what had passed he committed the Bishop to the Gatehouse, to answer for his offence in entering into com- munications with Rome whilst he remained a bishop of the English Church. Charles and Laud were, before all things, anxious to clear 1 Canons, in Laud's Works, v. 607. L 2 148 PASSIVE RESISTANCE. CH. xcil. themselves from the stigma of friendliness to Rome. When Convocation was dissolved, on the 29th, the Arch- Dissolution , . , , . . T7 -. , f P ofConvoca- bishop protested that the King 'was so far from tr ' n * Popery that there was no man in England more ready to be a martyr for our religion than his Majesty.' l In such a case protests could avail little. They could not call out the national enthusiasm, without which Charles's cause April. was hopeless. Of such enthusiasm there was no lack convention j n Scotland. A Convention of Estates, a kind of of E-tates at Edinburgh, informal Parliament, had sat in Edinburgh in April. It had taken every precaution against surprise. Lord Eglinton was directed to watch the coast from the Clyde to the English border against the landing of the Irish army. Argyle was naturally entrusted with the defence of the Western Highlands. As in the preceding year the main difficulty lay in Aberdeen. May. On May 5 the Earl Marischal marched in, imposed Marifchai in a fine on tlie Ro y a ^ st town, and enforced the signa- Aberdn. ture of the Covenant. 2 In Edinburgh, Ettrick had continued firing on the town from his impregnable * Edinburgh position in the castle, and had killed some thirty ot Castle. ^ j n h a bj tants j n t | ie streets. 3 An attempt was made to undermine his defences, but the rocks on which they were built were so hard that the project was soon abandoned At sea Charles's cruisers were let loose on Scottish commerce, and a large number of vessels were brought as prizes into English harbours. The Scottish Parliament had been prorogued to June 2. The ap> - A decision would soon be taken upon the attitude S^a? to be observed towards the King. No doubt could Edinburgh, be entertained what that decision would be. Every letter from the South brought confirmation of the belief that 1 Laud's Works, iii. 287, vi. 539. Rossingham's News-Letter, June 2, 9. Shane MSS. 1,467, fol. 117, 121. Identical canons were passed by the Convocation of York. - Spalding, i. 267. ' The Marquis of Douglas to Guthrie, May '21. Ernley to Con way, May 22. Intelligence sent to Conway, May 25, S. P. Dom. ccccliv. 51, 75> 9S. 1 640 THE KING AXD THE SCOTS. 149 England was not with Charles. It was openly said at Edin- burgh, that as soon as Parliament met the castle would surren- der, and 20,000 Scots would cross the border to support the demands which had been made by their commissioners. In such a temper the Scots were not likely to respect the King's order for the prorogation of Parliament till the beginning of July, an order which, as they rightly judged, was orders p"!- only intended to gain time for the completion of rogation. ^ j n gij s k m jiitary preparations. The Covenanting leaders consulted the principal divines and lawyers of their Opinions of P artv on tne course to be pursued, and received the lawyers, assurance that Parliament might lawfully sit without the presence either of the King or of his Commis- The King's i rm_ r j ^T_ ^ i - i_ deposition sioner. 1 They were even informed that a king who canvassed. gQ ^ -^- g countr y to a stranger, who deserted it for a foreign land, or who attacked it with an invading force, might lawfully be deposed. 2 1 Burnet^ 165. "The Scots Estates," wrote Dr. Burton, "did not admit the irresponsibility of the Sovereign. We have seen them bringing James III. to task, and the precedent was made all the more emphatic by the attempt of the lawyers of the seventeenth century to conceal it by mutilating the record in which it is set forth. The punishment of bad Sovereigns is a thing in which the literature of the country deals in a tone evidently directed towards practice. We find the Estates of Scotland deal- ing with many things now deemed the peculiar function of the executive. They kept in their own hands the power of making peace and war. . . . We shall find that at the time we have now reached,'* i.e. the first years of Mary Stuart, "a critical question was standing over, Whether the Crown had a veto on the acts of the Estates ; in other words, Whether the consent of the Sovereign was necessary to an Act of Parliament, and down, to the Union with England this question was not decided." Hist* of Scot L iv. 93- 2 The evidence for this is a deposition by Sir T. Steward that Argyle had said in his presence that at Edinburgh ' it was agitatt .... whether or not ane Parliament might be holdane without the King or his Commis- sioner, and that a King might be depositt being found guilty of any of thir three : i, Venditio ; 2, Dsstrtio ; 3, InvasioS Napier, Memorials of Montrose, i. 266. This seems to me credible in itself, and it is borne out by the deposition of John Stuart even before his recantation (ibid 9 i. 297, 299). It is evident, too, from the following phrase in a letter from John- 150 PASSIVE RESISTANCE. CH. xcn. Startling as the question was, it was one which could not but force itself on the minds of the Scottish leaders. There was something ridiculous in the phrases of devoted loyalty with which they besprinkled a King whom impossible. ^^ were p re p ar i n g to attack with force of arms. Yet, illogical as their position was, it was not in their power to abandon it. To do so would be to introduce hesitation into the hearts of their countrymen, when hesitation would have been ruinous, and would perhaps even raise qualms of conscience in their own bosoms. They therefore fell back on a technical informality in the manner in which the King's orders were pre- sented to them. Montrose urged obedience on the ground that as long as they had a king they could not act without him. Argyle, Balmerinoj Rothes, and Johnston significantly replied, * that to do the less was more lawful than to do the greater.' l They held that it was better to act without their sovereign than to depose him. Montrose and his friends submitted. They were prepared to support the Royal authority if Charles showed himself ready June 2 to com Pty 'with' the requirements of the Scottish Session of nation. They were not ready to desert the cause Parliament, ^j^ t k e y ^3 hitherto upheld in the face of a b ear * n g so ambiguous as that of the King. 2 Charles had as yet given no engagement to assent to the Acts abolishing Episcopacy. Nor were other causes wanting to ston, immediately to be quoted, that something of the kind was in agita- tion. "Montrose did dispute against Argyle, Rothes, Balmerino, and myself, because some urged that, as long as we had a king, we could not sit without him ; and it was answered that to do the less was more lawful than to do the greater." Napier, Memoirs of Montrose t i. 236. 1 Napier, Memoirs of Montrose^ i. 236. * "But the members of the said Parliament," wrote Montrose in 1645, " some of them having far designs unknown to us, others of them having found the sweetness of government, were pleased to refuse the ratification of the Acts of the Assembly, with the abjuration of Episcopacy and Court of High Commission, introduced by the Prelates, unless they had the whole alleged liberty due to the subject, which was, in fact, intrenching upon authority, and the total abrogation of his Majesty's royal prerogative ; whereby the King's Commissioner was constrained to rise and discharge 1 640 POSITION OF MONTROSE. 151 -determine Montrose's action at this juncture of affairs. Sharing, as he did, to some extent in Strafford's ideas on the place of monarchy in constitutional government, though laying more stress than Stratford did on the duty of kings to take into con- sideration the wishes of their subjects, he was more under the limitations of nationality than Strafford was. Monarchy was not to him an authority disposing of the forces of the three kingdoms for the coercion of any one of them which happened to resist the wisdom of the Government. It was a purely Scottish institution. Beyond Scottish territory and Scottish men Montrose's thoughts did not travel. Whether Charles was right or wrong, he was to be resisted if he attempted to enforce his views by means of an army of English foreigners. Montrose, therefore, a half- hearted 'Covenanter it might be, was a Covenanter still. His fellow-countrymen became Cove- nanters, if possible, more resolutely than ever. The Scottish the Parliament, and was urged to levy new forces to suppress their unlawful desires ; and, fearing lest their unlawful desires and our flat refusal of his Majesty's offer to conform to the conference foresaid, should have moved his Majesty to recall what he had condescended unto, to the prejudice of religion and liberties of the subject; and, on the other hand, calling to mind the oath of allegiance and covenant subscribed for the maintenance of his Majesty's honour and greatness wrestling betwixt extremities, and resolved rather to suffer with the people of God for the benefit of true religion than to give way to his Majesty in what then seemed doubtsome, and being most unwilling to divide from them we were joined with in Covenant, did still undertake with them." (Napier, Memorials of 3fon- trose> i. 2 1 8.) Whether this is a perfectly correct account of Montrose's state of mind five years before may perhaps be doubted ; but it is at all events significant that he expresses doubts whether the King might not be induced to withdraw the concessions which he had made at Berwick. In writing to Charles hi 1641 Montrose distinctly admits that the cause of the mischief was not to be sought only in the conduct of the subjects. They, he tells the King, are likely to fall from him if, by removing the cause and by the application of wholesome remedies, it be not speedily prevented. " They," he goes on to say, "have no other end but to preserve their religion in purity and their liberties entire. " He even speaks as if some moderate alteration in the Acts ought to satisfy the King. " Any difference that may arise upon the Acts passed in the last Parliament your Majesty's presence and the advice and endeavours of your faithful servants will easily .accommodate." (Ibid. i. 268.) 1 5 3 PASSIVE RESISTANCE. CH. xcu. Parliament made short work of the questions at issue. It speedily converted into laws, as far as it was possible to do so TheAcL-" without the Royal assent, all the Bills which had re- passed. C eived the approbation of the Lords of the Articles- End of the before the prorogation in November. On June u ThTcom- the new constitution it was nothing less than that mittee of W as formally approved of, and Parliament separated, leaving behind it a numerous Committee of Estates- empowered to conduct the government of the country in its- name. Of these Acts an enthusiastic Covenanter declared that they exhibited 'the next greatest change in one blow that ever happened to this church and state these six hundred years by- past; for in 'effect it overturned not only the ancient state government, but fettered monarchy with chains, and set new limits and marks l to the same beyond which it was not legally to proceed.' 2 If such was the view taken of these Acts at Edinburgh it was not likely that they would be acceptable to Charles. Yet Ma , it was hard to say what he could do. His army was Failure of still to be formed. Conway's 2,000 horse at New- ship-money. against the enemy. Conway's account of their condition was most de- state of pressing. The pistols which had been sent down ronway's to them were absolutely unserviceable, and, as no- money was to be had from London to meet the ex- pense of repairing them, he had to give orders that twopence S. a day should be deducted from the pay of the troopers. A " mutiny was the result ; and Conway, who had scant time to to 'link of the Petition of Right, ordered one of the ringleaders eas 5 /l be shot. The soldiers themselves were not such as to be horse.. O f g u id ance< j am teaching," wrote Conway, "cart well to s to mana g e> an< j men t hat are fit for Bedlam and Bride- and I k j. ee p t ^ e ten comrnanc i men t s - so that General Leslie serve Goa eep two sc j 100 i s< jj e ^^ 5^01^3 t h a t profess to l . '\ and he is instructing them how they may safely do Boundaries. 2 JBaJfour, ii. 379. 1640 RESISTANCE TO SHIP-MOXEY. 153. injury and all impiety. Mine to the uttermost of their power never kept any law either of God or the King, and they are to be made fit to make others keep them." l Almost as soon as the news of the determination of the Scottish Parliament to continue in session reached the King, a desperate effort was made to extract ship-money from The city the City of London. On June 9 the Lord Mayor and pa d y Ih?p- sheriffs were before the Council. The Lord Mayor money. was 33]^ w fty h e na( } not collected the money. He replied that he had done his best. " Why," asked the King, did you not distrain ? " The poor man pleaded that one of his predecessors was the defendant in an action brought against him in the King's Bench by the indefatigable Richard Cham- bers for his conduct in collecting ship-money, and that he did not wish to be in the same position. " Xo man," said Charles peremptorily, " shall suffer for obeying my commands. 33 Lord Mayor Garway was hardly the man to hold out as Alderman Soames had held out in the case of the loan. He was himself June 10 one of the collectors of the new impositions, and had S^attenft mac ^ e g 00 d profit out of an unparliamentary levy. to collect it. The next day, accompanied by the sheriffs, he went from house to house to demand the money for the King. In. the whole City only one man was found to pay it. The Lord Mayor then bade the sheriffs to distrain the goods of the refusers. They told him that this e was his business, not theirs/ Entering a draper's shop he took hold of a piece of linen. The owner coolly asked to be allowed to measure the stuff before he parted with it. When he had ascertained its length, he named the price of the goods, and said that he should charge it to his lordship's account. 2 Coat-and-" On the nth the Common Council met to consider moneTin another demand which had been recently made the city. U p Qn t h enL They had been required to furnish 4,000 men for the army, and to comply with the usual requisition 1 Conway to Laud, May 20 ; Comvay to Northumberland, May 20 - r Comvay to the Countess of Devonshire, May 28, S. P. Dom. ccccliv, 30, 38. - Rossingham's News-Letter , June 16, S. P. Dom. cccclvii. 36. 154 PASSIVE RESISTANCE. CH. xcn. for coat-and- conduct money. After some discussion the meet- ing separated without returning an answer, and this postpone- ment of a resolution was almost tantamount to a refusal. 1 Such a rebuff left Charles almost as much irritated with the City as he was with the Scottish Parliament. The ease with June 12. which he had gained the mastery over the turbulent apprentices brought the notion into his head that it wou ld be possible to use armed force to compel the city ; City to minister of its fulness to the necessities of the State. In his eyes the refusal of ship-money and of coat- and - conduct money was a distinct rejection of legal obligations, and compulsion would thus only be used to bring offenders upon their knees. Such fancies remained with Charles no more than fancies. " To carry them out would take time, and it might be that, before he had effected his purpose, a Scottish army would cross the Borders to throw its sword into the scale. It would therefore be necessary to take up once more tting"wfth" the scheme of a negotiation with the Scots. A peace the Scots. wit k ^ nort h ern kingdom might be patched up on the best terms which could be obtained, in the expectation that sooner or later an excuse would be given for recommencing the war with better chances, and for reducing Scotland to the obedience which it owed to its rightful King. 2 1 The Council to the Lord Mayor, May 31, Rushworth, iii. uSS. Common Council Journal^ xxxix. 97, Corporation Records. - This rests on the testimony of Rossetti. He would be well informed by the Queen of what was passing. After speaking of the guards placed by the King at Somerset House and St. James's, he says that this was done 'poiche avrebbe voluto, sotto questo colore di reprimere tali seditioni, unire insieme le sue forze per meglio tenere in offitio la citta, e costringerla formatamente a dargli qual sussidio di danaro che per via parlamentaria non ha potato ottenere. . . . Ma perche per essere la stagione troppo inanzi, e questo dissegno del Re solainente meditato, difficilmente o con inolto progresso potrebbe effettuarlo in quest' anno, si e inteso di piii che egli voglia pacificare in qualche buon modo gli Scozzesi per hora et in- tanto aggiustare le cose d'Inghilterra per non haver impedimento dielro le spalle, e provedersi di danari e d'altre cose necessarie per poter essere in termini a tempo pni maturo di muoversi contro la Scotia, et per condurre S. M u piu cautamente il tutto credessi che pensi di voler andare con uparecchiopacifico alle frontier! diquel Regno, accommodarsi in qual miglior 1640 " THE IRISH PARLIAMENT. 155 Before Charles could resolve to take one course or another even worse news than that which had reached him from Edin- june i. burgh was speeding across the Irish Channel. The Thesecond Parliament of Ireland met for its second session the Irish on June i. The enthusiasm, real or factitious, with Parliament, ^j^ fa Q subsidies had been granted in March had long since died away. Stafford was no longer in Dublin to warn and to encourage. Nor was the situation the same in June as it had been three months before. Not only was there a difference between the time of payment and the time of promise, but there was no longer reason to believe that the Irish who supported the King would be on the winning side. Nor was the House of Commons quite the same as it had been in March. The balance in an Irish House of Commons was easily shifted. Care had been taken that neither the Roman Catholic members nor the independent Protestant members should form a majority. By means of the knot of civilian and military officials the Government could convert either of these minorities into a majority, and it was, therefore, in the interest of both parties to court the good- will of that Government which could do so much to serve them or to injure them. For the moment, however, this source of authority was no longer avail- able. Wandesford, the new Lord Deputy, who held office under the Lord Lieutenant, was an honourable and loyal man, but he was not a Strafford. Even if he had been all that Straf- ford was, it is doubtful whether success would have been within his reach. Many of the official members were absent from their posts, actively employed in raising troops and in preparing for the coining campaign. 1 Protestants and Roman Catholics might be at issue on many points, but they were agreed in disliking to pay large modo che si potesse con li Scozzesi, e veder poi a suo tempo di ridurgli a perfetta obbedienza coll* armi.' He goes on to say that, in spite of the King's irritation about the news from Scotland, * nondimeno credesi che egli voglia per hora con 1'arte piu che con la forza procurare di ridurre a qualche quiete le cose.' Rossetti to Barberini, June , . O. Trail- scj'ipts. 1 Carte's Ormond, i. 99. 156 PASSIVE RESISTANCE. CH. xcn. sums of money. In 1634 the Lord Deputy had bethought objections himself of a new way of collecting the supplies voted. ofie%Thig de He and his council came to the conclusion that subsidies. each subsidy ought to be worth a certain sum, and this sum was then distributed amongst the counties, each county being left to assess its own share upon its inhabitants. This precedent had been followed by Wandesford. The June i 3 . Commons now drew up a declaration, in which they ?f e th^ ati n alle ed that eacil man's property * should be rated Commons, to pay a certain proportion, whether the whole sum came up to the Deputy's expectations or not The first subsidy voted might be gathered in as Wandesford had proposed, but the others must be collected 'in a moderate Parliamentary way.' To this demand Wandesford was forced to give his consent, and the Houses were then prorogued till October. 2 In spite of this rebuff Wandesford was still hopeful. The full value of the first subsidy would now be paid. The army, The iri & h which was waiting for supplies, would be able to ren- Mrmy - dezvous at Carrickfergus by the end of July. By that time Strafford would be sufficiently recovered to cross the sea, and with him as its leader the long-expected blow would at last be struck. The pecuniar}- loss to the Irish Treasury was even greater than the Lord Deputy anticipated. The first subsidy, indeed, Small vdue collected on Stafford's plan brought in 46,000^ The suMdies secon d an d third subsidies together brought in only half that sum. The fourth subsidy was never col- lected at all. 3 It was as well that it should be so. Stafford's plan deserved 1 Irish Commons' Joztrnals, i. 146. 2 In a subsequent petition of the Commons (S. P. Ireland, Bundle cclxxxvi.) it is said that estates were valued at the tenth part, and that they then paid 4?. in the pound in lands and zs. 8 " m troops returned home, all m a forwardness to disband, and the counties rather inclined A *'l oSS ' s -^*r, June 8, 1640 THE JUDGES LUKEWARM. 161 to foment their dislikes than to assist in punishment or per- suasions. Hues and cries work no effect We want orders to raise the power of the countries, 1 are daily assaulted by some- times five hundred of them together, have hurt and killed some in our own defences, and are driven to keep together upon our guard. 5 ' 2 Whilst the soldiers were thus breaking out into open mutiny, the Court of King's Bench, the great prop of Charles's June 20. government, was showing signs of uneasiness. When Case of the counsel for Chambers, in his ship-money case, chambers. j^ been heard, Heath applied, on behalf of the defendant, to postpone his argument till after the Long Vaca- tion, and the concession, though made by the court, was only made with considerable hesitation. On another case of still Case of greater importance, the judges were more peremptory. Pargiter. ^ Northamptonshire gentleman, named Pargiter, had been committed for refusing the payment of coat-and-conduct . , ,. money. He applied for a writ of habeas corpus^ and The legality . . . . of coat-and- the court, in accordance with the Petition of Right, money required that the cause of his committal should be questioned. signifie(3L The counse i for t h e Crown asked for delay, and, though his request was not absolutely refused, he was told that cause must be shown before the end of the month. 3 This occurrence placed the Government in no slight diffi- culty. It seemed as if another monster trial, similar to that The dim- ^ Hampden, was inevitable. The lawyers of the cuityofthe Opposition would argue, with the sympathy of the Government. r t . .... t j i nation again on their side, that coat-and-conduct money was an illegal exaction. The existing system was of such recent introduction that this time the judges might possibly not be in favour of the Crown. It was certain that, whether the judges decided in favour of the Crown or not, very little money would be paid whilst their decision was pending. The 1 i.e. counties. 2 Lunsford to Northumberland, June 22, S. P. Dom. cccclvii. 91. 8 Council Register, May 22. Rossingham's Uews-Letters, June 1 6, 23, .S. P. Dom. cccclvii. 36, 104. VOL. IX. M i<52 PASSIVE RESISTANCE. CH. xcn. prospect of meeting the Scots in the field with a .sufficient army, bad as it was already, would be altogether at an end. From this difficulty Charles was saved by his legal advisers. In the reign of Henry IV., it had been decided in Parliament that ' when an invasion was impending, the King issue Commissions of Array. All who were eof . Commissions capable of bearing arms in each county would be of Array, bound to march in person to the defence of the realm. Those who were incapacitated by age or infirmity would be bound to contribute both to the equipment of the force thus raised, and to its support till it passed the borders of the county in which it had been levied. After that it would be taken into the King's pay. The Attorney-General was therefore ordered to prepare such Commissions of Array. Not only had Charles found a legal basis for the exaction which had been questioned but he would be freed from the obligation of repaying the sums which had been expended in the counties. 1 There can be little doubt that this resolution was applauded' by Stratford, who was now sufficiently recovered to take part in Stratford's public affairs, though he did not sit in Council till recover,, d ^ 2 Yet, though he Was glad tO find that the law would cover strong measures, he was still of opinion that the crisis demanded strong measures whether the law would cover them or not Comvay, at Newcastle, was much vexed by Northumberland's anxiety to keep within the law The Lord General has been especially alarmed by the intel- ligence that Conway had executed a mutineer by martial law Quezon of He consulted the lawyers, and the lawyers told him bw. that both he and Conway must received a pardon Jun< ,9. from the Crown if they wished to escape punishment * Conway complained to Stoffori, B certain of his sympathy. .**. Stubbs, 5. Joachimi to the States-General, July *3 Add. MSS * 2' ' 23' in a\^'.r^*- n w '^7 CW '' d *" ^ exerdsed clans whom it was determined to reduce to sub- commission mission. Argyle set out from Inverary on June 18, with a following of 4,000 Highlanders. Athol had but 1,200 to oppose to him. The two forces met near the spot on which Taymouth Castle now stands. Athol was inveigled by a promise June 18. ^ sa ^ e return i nto an interview with Argyle. Argyle Argyie's tried to win him over by considerations of personal *" ' interest. He told him significantly that he had him- self claims upon his lands, and that there had been a talk at the late Parliament of deposing the King, from which Athol was probably intended to infer that he might have a difficulty in making out his title to the satisfaction of a new and hostile 1 Skene, The Highlanders of Scotland, i. 138. 1640, ARGYLE'S RAVAGES. 167 Government. As Athol did not take the hint, he was seized^ .as Huntly had been seized the year before, and sent a prisoner to Edinburgh, in defiance of the pledge given by his host. 1 Argyle pushed on into Angus, the Forfarshire of modern geography. The Earl of Airlie was away with the King, but he juiy. had fortified his house, leaving it in the keeping of ^ r lmi?tef e Lor(i ilv > T > k is e ld est son - Tne news tnat A-rgyle to Montrose. and his dreaded Highlanders were on the march for the uplands which swell towards the Grampians from broad Strathmore struck terror into the hearts of Covenanter and anti- Covenanter. The gentry of Angus and Perthshire called on Montrose to provide a remedy. Montrose, it is true, had been one of those who had signed the terrible commission to Argyle ; 2 but it was well understood that his heart was not with Argyle. He soon gathered the forces of the neighbourhood, obtained from Lord Ogilvy the surrender of the house, and placed in it .a small garrison, to hold it for the Committee of Estates. When Argyle arrived it seemed as if nothing remained to be done. The intervention of Montrose, however, goaded him Argyie's ' in ^ savage exasperation. He was too shrewd not ravages. to perceive that Montrose's policy of reconciling the King with the nation was thoroughly impracticable, and he had none of those generous instincts which lay at the root of Mont- rose's error. As Montrose was beyond his reach, he wreaked his vengeance on the property and tenants of the owner of the lands of Airlie. The ' bonnie house ' was burnt to the ground. Another house belonging to the Earl of Airlie at Fcrthar shared the same fate. Plunder went hand in hand with destruction. The wild Highlanders stripped the fields of sheep and cattle, .and drove them off to stock the valleys of the Campbells in the West. 3 1 Sir T. Stewart's deposition. Answers to J. Stewart's deposition. Exoneration of Argyle. Napier's Memorials of Montrose^ \. 257, 266, ii. 475- 2 Commission, June 12, Hist. Jl/SS. Com. Rep. iv. 491. 3 Gordon^ iii. 165. Spalding^ i. 291. Memorials of Montrose^ i. 256, -264, 33j 358' In, a letter to Dugald Campbell, of Inverawe (Notes and Queries, 5th ser. ix. 364), Argyle gave the following instructions : " See 168 THE SECOND 'BISHOPS' WAR. CH. xcm. Having done his work on the edge of the Lowlands, Argyle turned his course homewards along the fringe of his own do- minions. Braemar and Badenoch felt the terror of th?Sigh- his coming. There was plundering and burning and lands ' slaying in those distant glens. The Camerons of Lochaber, on the other hand, were treated with special favour. They had grown weary of their dependence on Huntly, and. were ready to transfer their allegiance to Argyle. 1 For the immediate purposes of war, Scotland was now a realm at unity with itself. This time there was no risk of Condition of repeated diversions in the stricken North. In the Scotland. South the Royalists were few and easily suppressed. The lands and houses of all who opposed the Covenant were taken by force. It was not long before Ruthven on the castled crag of Edinburgh alone upheld the banner of the King. Though Argyle was raising up enemies to give him trouble at some future day, his position was, for the immediate present, Argyle and one of commanding strength. His rival Montrose Montrose. had one fatal wea k ness< The corner-stone of his policy was the chance that Charles would at last be frank and consistent In reality, Charles was wavering from day to day. Before the end of June Hamilton had won him over to another June 27. attempt to conciliate Scotland. On the 27th Lou- anlfmfiSn doun was set free and despatched with instructions of Loudoun. w hich were vague enough in themselves, but which seem to have been explained to mean that Charles would now bind himself to carry out the Treaty of Berwick after the Scottish interpretation ; and that, although he refused to acknowledge how ye can cast off the iron gates and windows, and take down the roof ; and if ye find it will be longsome, ye shall fire it well, that so it may be destroyed. But you need not let know that ye have directions from me to fire it ; only ye may say that ye have warrant to demolish it, and that to make the work short ye will fire it." This keeping back his own part in the matter is quite in character. I have not inserted Gordon's story 'about Argyle's expulsion of Lady Ogilvy from Forthar when near her lying-in, as it is stated in a letter from Patrick Drummond of Sept. 12 (S. P. Dom*} that Argyle accused Montrose of having suffered the lady to escape, which. is inconsistent with Gordon's account, 1 Gordon, iii. 163. 1640 WAR IMPENDING. 169 the validity of Acts passed during the late session, he would promise not to interpose his veto upon those for the establish- ment of the Presbyterian Constitution, if they were presented to him in a regular manner. On the other hand, Loudoun was- to do his best to prevail with his countrymen c that the King's authority should not be entrenched upon nor diminished.' l As he passed through Durham, Loudoun gave out freely that he was bringing peace to Scotland. 2 When he arrived in July. Edinburgh he found that the terms which he brought no longer give satisfaction. The question that he is which had come to an issue since he had been thrust bringing peace. into the Tower was, whether or no the Parliament had the right of making laws in defiance of the King. On this the leaders declared themselves to have no intention his negoda- of giving way. 3 During the first week in July, whilst tlon * Monro was harrying Strathbogie and Argyle was harrying Angus, Leslie was gathering the nucleus of an army r and preparing for the invasion of England. A Scottish army could support itself, at least for a time, on taxes levied by the orders of the National Government, eked out by voluntary contributions and the confiscated property of July 4 . the opponents of the Covenant Charles had none conduS d " ^ t ' iese resources. The commissions of array were money now supported by fresh orders for the collection of aain * coat-and-conduct money, and on July 5 the Attorney- Prosecution General was directed to prosecute the Lord Mayor Ma^or^nd ^^ s ^ er ^ s ^ or their neglect in the collection of this sheriffs. money. Some relief, indeed, had been obtained before the end of June by an advance made by the farmers of the customs of more than 44,ooo/., and other loans obtained from officials and men of position had raised the sum obtained in this way to little less than 6o,ooo/. 4 But the necessities of \ Instructions and Memorandum, June 26. Lanark to the Lords, June 26, Burnet, 170. Compare Giustinian to the Doge, July -^, Ven* Transcripts, R.O. * Duncan to TVindebank, July 9, S. P. Dom. cccclix. 61. 3 The Lords, c., to Lanark, July 7, Bttrmt 9 172. 4 Account of Loans, June 23, fireviatts of the receipt. i;o THE SECOND BISHOPS' WAR. CH. xcnu the army were too great to be permanently supplied thus, and if England was to be defended recourse must be had to one or other of those extraordinary measures which had been so often talked of. The first plan attempted appears to have been suggested by Hamilton. 1 For some years the King had derived profit Proposed from a percentage upon the coinage of Spanis^x bumon at bullion, which he afterwards transported to Dunkirk, the Tower. 'phj[ s bullion was now seized in the Tower, to the amount of I3o,ooo/., on promise of repayment six months later. Such a blow startled every merchant in the City. Those -who had money or stocks in foreign cities dreaded reprisals, July 6 ^hich would put an end to commerce. The great Protest of Company of the Merchant Adventurers took the lead ihi Ad- in protesting. They sent a deputation to call Straf- venturers. f or( f s attention to the mischiefs which were certain to result. Strafford told them bluntly that it was the fault of the City of London that the King had been brought to such a pass. The remonstrances of the merchants, however, were too well founded to be thus dealt with. The Council was told that if the King's faith were broken so flagrantly, all the profits which both he and his subjects had derived from making England the bullion-mart of Europe, would come to an end. At last a compromise was arrived at. The merchants agreed to lend the King 4o,ooo/. on the security of the farmers of the customs, a security which they justly considered to be better than his own. 2 More than this was needed, and it was now proposed to 1 The Spanish ambassadors give this as a rumour (Velada, Malvezzi, and Cardenas to the Cardinal Infant, July i|, Brussels MSS. Sec. Esp. cclxxxv. fol. 32), but it is borne out by Strafford's disclaimer of having been the originator of the idea. 8 Rushw. iii. 1216. Straf. Trial, 589. Montreal's despatches, July * ~, Bttl. Nat. Fr. 15,995, fol. 97, 99- Salvetti's News-Letter, July . Giustinian to the Doge, July ^ Ven. Transcripts, R. O. 1640 DEBASEMENT OF THE COINAGE. 171 find the necessary resources in a debasement of the coinage. T . The officers of the Mint were directed to produce July ii, * Proposed shillings the real value of which would be threepence debasement eac ]^ an ^[ c ^ were to b ear as a motto in Latin the coinage. confident words, " Let God arise, let His enemies be scattered." l These coins the officers declared they would be at once able to turn out up to the nominal amount of i4,ooo/. a week, and after a little preparation they would be able to turn them out up to 30,0007. a week. Strafford recommended that the soldiers should be paid, at least for some time, in good money, but that all other payments out of the exchequer should be made in bad money. 2 As soon as the project was known there was a loud outcry. The citizens declared that nothing would induce them to accept the rubbish to "which it pleased the King to give the name of shillings. The officers of the Mint asserted that their men would not work if their wages were to be paid in the new coins. Stratford could only answer by threatening the workmen with the House of Cor- rection. To the citizens he had already replied, by telling them that Frenchmen were worse dealt with than they, and that the King of France had recently sent round commissioners to search the books of the Paris merchants in order to levy contributions on them. 3 Even in the Privy Council, the miserable scheme met with warm opposition. Sir Thomas Roe, who had recently been Roe's oppo- added to the Board, argued forcibly that it would be sition. as disastrous to the Crown as to the people. Straf- ford had now ceased to have eyes for anything save the im- mediate present He broke out into a rage, and rated Roe soundly for his meddling. The King announced that the debasement was unavoidable. The Attorney- General was 1 Exurgat D&ts, dissipcntur inimicL Notes of the proceedings in the Committee, July 1 1 , S. P. Dom. cccclix. 77. 3 Rushworth, StrafortFs Trial, 596. Strafford here is described as sick, so that the question was probably first mooted earlier than it came ' openly forward. I 7 2 THE SECOND BISHOPS' WAR. CH. XCIIL, directed to draw up a proclamation on the subject, and orders were given to prepare the new dies at the Mint. 1 Every day marked Strafford more clearly than before as the author or supporter of all violent and ill-considered actions. July 13. Men with less burning heat in the cause could see Northum- w h at ft e could not see. " The keeping of disorderly opinion. and new raised men," wrote Northumberland, whose languid interest in the struggle enabled him to cast his glances around him with the impartiality of a mere spectator, " and the coining of copper money, are shrewd signs that money is not so plentiful as it ought to be at the beginning of a war. . . . I pray God those that were the advisers of it do not approve themselves more ignorant in the ways of governing an army than they would seem to be." 2 The disorders of the men on the march were still con- tinuing, On the 1 2th the Devon men, halting at Wellington, juiy 12. in Somersetshire, murdered Lieutenant Eure, a Catholic officer, who refused to accompany them to- church. The population of the town and neighbour- hood sympathised with the perpetrators of the crime. Not a man would stir to arrest the murderers. Even the neighbouring magistrates gave no assistance. The appointment of Catholic officers had not been by any means the source of strength which Charles had expected it to be. An indefinable feeling of uneasiness and suspicion was spreading through the ranks of the ignorant peasants on whom Charles had rested his cause. Mutiny at At Daventry, five or six hundred Berkshire men Daventry. broke out into mutiny. Some of them said they would not fight against the Gospel. Others declared that they would not be commanded by Papists. The determination not to serve under Catholic officers threw whole regiments into disorder. In a force intended to serve under Hamilton on the east coast of Scotland, a full half of the officers were Catholics,. 1 MontreuiFs despatch, July ~, Bibl. Nat. Fr. 15,995, fol. 99. Rush- ^ iii. 1217, Straf. Trial, 591. - Northumberland to Conway, July 13. Northumberland to Astley*, July 14, S. P. Dom. cccclix. 97, cccclx. 3. 1 640 SCENES ON THE MARCH. 173 and it was only by calling out the trained bands to seize the mutineers, and to thrust them into the House of Correction, that order was restored at all. 1 Amongst men so ignorant and unruly it sometimes hap- pened that a clever officer gained an ascendency which raised July ii. him above suspicion. Windebank's son heard that X?. UI ^ g t. i the men of his company had sworn to murder all Windebank A and his men. Popish officers. He at once ordered them all to kneel down and sing psalms, told one of his subalterns to read -some prayers, and ended the scene by serving out beer and cheap tobacco at his own expense. The plan was perfectly successful. " They all now," he wrote to his father, "swear that they will never leave me as long as they live, and indeed, I have not had one man run from me yet in this nine days' march but other captains of our regiment which marched a week before us, are so fearful of their soldiers that they dare not march with them on the way ; their soldiers having much threatened them, and have done much mischief in all places they come, by stealing and abusing everyone, their officers daring not to correct them ; but I thank God, I have all my men in so great obedience that all the country as I go pray for me, saying they never met with such civil soldiers." 2 Under the evil news which came so thickly upon him, Charles's resolution waxed and waned from day to day, 3 whilst The King he was listening to counsellors of war or peace, as irresolute, indignation or fear predominated in his mind. On July 19. tne IQt;n news arrived from the North that the Scots News from ? Scotland. contemplated the seizure of Newcastle. Once in possession of the collieries there, they would be able to dictate 1 Gibson to Conway, July 14. Byron's relation, July 14. Byron to Conway, July 20. Deputy-Lieutenants of Devon to the Council, July 21, S. P. Dom. cccclx. 5, 50, 52. * F. Windebank to Windebank, July 19, ibid, cccclx. 46. 8 ts Ad ogni modo provocata la M to sua dair ardore della propria indignatione in vedersi ogni giorno piu offesa da nuove cause, confosa nell' istessime risolutioni, viva piena di perplessita in appigliarsi all' ultimo partito, per non sapere il migliore." Rossetti to Barberini, ^- 2 -*, R. O. Transcripts. 174 THE SECOND BISHOPS' WAR. CH. their own terms, as London could not endure the deprivation of the supply of coal. 1 Charles saw in this intelligence the means of working upon the Londoners through their interests. On the 22nd the Lord Mayor was ordered to summon a Com- July 23. mon Council for the following day. On the 23rd aS t vTin Cottington and Vane appeared in the City, the the City! m bearers of a letter from the King, in which assur- ances were given that if the long-askedrfor loan of 2oo : ooo/. were now agreed to, nothing more should be heard of the debasement of the coinage. Leaving the Common Council to discuss the demand, the Privy Councillors amused themselves by strolling through the Cloth Exchange at Blackwell Hall. The owners of cloth gathered quickly round them. They hoped, they said, that they were not to be compelled to sell, for copper, goods for which sterling silver had been paid. After a debate of an hour and a half Cottington agaln ^ and Vane were re-admitted, to be informed that the fused. Common Council had no power to dispose of the money of the citizens. Charles was highly displeased with the stiff-necked ob- stinacy of the City. He at once ordered the officers of the The debase- Mint to proceed with the coinage. A scheme was ro!S|e~to e P^pared by which it was hoped to obviate the worst proceed. consequences of that measure. For the sake of the poor, all payments below the value of half-a-crown were still to be made in good silver. One-tenth of all payments above that sum were to be made in the new copper money. As soon as this arrangement was announced men engaged in business drily remarked that in that case there would be a general rise of 10 per cent in their prices. Again Charles hesitated, and the plan was once more thrown over for further consideration. He reaped all the unpopularity of his proposal without any of the advantages which he might have derived from prompt and unscrupulous action. 2 Whibt Cottington and Vane were pleading to no purpose 1 Fen wick to Digby, July 15, S. P. Dom. cccclx. 14. - Rossingham's News- Letter , July 27, ibid, cccclxi. 32. 1640 APPEALS TO SPAIN AND ROME. 175 with the Londoners, Strafford was pleading equally in vain with Fresh efforts the Spanish ambassadors. Almost imploringly the- ioan b from a P^oud and haughty minister adjured the Spaniards- Spain. t o come to his aid. If the proposed league and the- consequent advance of 300, ooo/. was not at once to be ob- tained, would they not lend his master 150, ooo/. In his present straits, and defer the remainder till after the signature of the league ? If even that was not to be had, he would content himself with ioo,ooo/., half to be paid at the end of the month, and half three or four weeks later. He would give his personal security for its repayment in November. The Spaniards re- plied that they had no orders to lend the money, but added a general assurance of their master's goodwill, which can hardly have conveyed much satisfaction to Strafford. 1 Almost at the same time, Cottington was making application to the application French agent for a loan of 400,0007. It is hardljr to France. necessary to add that the request did not meet with a favourable reply. 2 The Queen, too, had her share of disappointment \ the reply to the request which had been made in her name, in the The Pope height of the tumults in May, arrived from Rome. will not lend. ^he answ er was plain enough. If Charles would become a Catholic, he should have both men and money. Six or eight thousand soldiers, who would serve the King to their last breath, would be sent in vessels which would arrive under the pretext of fetching alum. Unless he became a Catholic it was impossible to do anything for him. 3 The complete failure to obtain money increased the diffi- Proposai to cult Y of keeping order among ihe' soldiers. So far Danish 1 k a( * tne distrust of the English army gone that it soidi-rs. wa g seriously proposed to levy two regiments of Danish horse, and to bring them into England to keep order 1 Velada, Malvezzi, and Cardenas to Philip IV., j^j~, Brussels MSS. Seo. Esp. cclxxxv. fol. 47. * Montreal's despatch, J J^ BibL Nat. Fr. 15,995, foL 104. 3 Barberini to Rossetti, June j?. Rossetti to Barberini, *^g, R. 0.- Ti-nscripts. *76 FIRST MONTHS OF THE PARLIAMENT. CH. XCV.. Plain as this seems to be, it took some little time to drive Charles it home to Charles's understanding. In his opening tSTsc S ot[as s P^ch he asked the Houses to join him in chasing rebel* out the rebels, and was surprised to find himself ob- liged to explain away the obnoxious term. 1 The new position of Parliament was emphasized by the choice of a Speaker. Charles had intended to propose the T r _ nomination of the Recorder of London, Sir Thomas Gardiner, a devoted adherent of the Crown. Con- ^^ tQ ^ precedent, the City had refused to send its Recorder to Parliament, and was represented by four stout Puritans. Charles was therefore obliged to look elsewhere. His choice had fallen on William Lenthall, a barrister of some repute in the courts, and likely to be acceptable to the leading members of the Commons. Lenthall was better fitted for the post than Charles could have imagined. He was surpassed by some in the House in knowledge of Parliamentary precedent, but he was the first to realise the position of a Speaker in times of political controversy. He would not, like Finch, in 1629, place himself at the service of the Crown. Neither would he, like Glanville, in the Short Parliament, take an active part in opposition to the Crown. He was content to moderate and control, and to suggest the means of reconciling differences, without attempting to influence the House in its decision. Through his whole career he had, as he said on one famous occasion, neither eyes to see, nor tongue to speak, save as the House was pleased to direct him. No one knew better than Straffbrd what danger was impend- ing over his own head. He had to bear the burden of all other Stratford** men's offences as well as of his own. To the mass forebodings. o f Englishmen he was the dark-browed apostate, who had forsaken the paths of constitutional usage to establish a despotic and arbitrary power. The Scots, too, loudly pro- claimed him as the enemy of their Church and country, and as the originator of that war which had been as obnoxious to Englishmen as it had been to themselves. Court favourites, 1 The King's Speeches, Ritshworth, iv. n, 17. agai 1640 THE YORKSHIRE PETITION. 177 gentlemen of Yorkshire. Not only did they complain of the July 28. violence of the soldiery quartered amongst them, but ^ e y P rocee ded to say that the billeting of these men i n their houses was a breach of the Petition of Right. The petition was presented to the King at Oatlands on the 3oth. Stafford t would have had it rejected as an act of mutiny July 30. in the face of approaching invasion. 1 His daring senteiuo the s P^ r ^ n ^ver quailed, but he could no longer inspire king. his fellow-councillors with his own audacity. To them the case, as well it might, seemed altogether desperate. Peace, they thought, must now be bought at any price. Roe, the Negotiations opponent of the debasement of the coinage, was to to be opened. carr y th e ne ws to the City that negotiations were to be opened, and to ask once more for a loan, which it was fondly hoped would be readily granted, as the money was needed to pay off the soldiers, and not for purposes of war. Roe went to Guildhall as he was bidden, but he went n refuses in vain. He was told that grants of money were to lend. matters for Parliaments, and not for the citizens of London. As for themselves they were quite unable to find the money, the Londonderry plantation having 'consumed their stocks.' 2 If it was unlikely that the Londoners would place confidence in the honeyed words of the King now that he was in such Warinevit- desperate straits, it was still less likely that, after the able. experience of the pacification of Berwick, the Scots would reopen a negotiation which took no account of their present demands, and which, even if it gave them all for which they asked, might be subsequently explained away by what- ever interpretation it might please Charles to place upon his words. They had long ago made up their minds that a lasting peace could only be attained after an invasion of England, and that it would be necessary to come to an understanding not 1 Rushworth, iii. 1214. 2 Rossinghauvs News- Letter, Aug. 4, S. P. Dom. cccclxiii. 33. Mon- treuil's despatch, Aug. ^ Bibl. Nat. Fr. I5,99S> fol. 107. Ghistinian ito the Doge, Aug. -^, Ven. Transcripts R. O. VOL. IX. N 1 78 THE SECOND BISHOPS' WAR. CH. xcm. with the King alone, but with an English Parliament. Every piece of intelligence which reached them from the South must have convinced them that they had no longer, as in 1639, to fear a national resistance. The circumstances of the dissolu- tion of the late Parliament, together with the growth of the belief in the existence of a gigantic Popish plot,' had put an end to that. Personages of note and eminence had entered into communication with their commissioners, and had given them assurances, which they had no reason to doubt, that Parliament, if it met, would take up their cause, and would refuse to grant a sixpence to the King unless he consented to put an end to the war. 1 If nothing had passed since, the knowledge of the emptiness of the exchequer, of the growing resistance to the various attempts which had been made to wring money from Englishmen, and of the mutinous temper in which the troops were marching northwards, must have con- vinced the Covenanting leaders that the time had now arrived in which they might strike hard without fear of consequences. There can be little doubt, indeed, that secret messages had passed between the Scots and the English leaders. Before commun' Loudoun had left London he had been in communica- tiS^- 103 " tion with Lord Savile, the son of Stafford's old rival, who had inherited the personal antipathies of his father, and whose hatred of Stratford placed him by the side of men of higher aims than his own. To- him, as the recognised organ of the English malcontents, John- June 23. ston of Warriston addressed a letter on June 23, just Kr'to 11 ' 3 at the moment wh en Leslie's army was first gathering Savile. at Leith. After expressing the not unnatural desire of the Scottish leaders for a definite understanding with the English nobility, it asked for an extension of the National Covenant in some form to England, in order that the Scots- might distinguish friends from foes, and for a special engage- ment from some principal persons that they would join the invading army on its entrance into Northumberland, or would 1 send money for its support, ' The communications through Frost, noticed by Burnet(#Ktf of Own- '>, i. 27) seem to relate to the period before the Short Parliament. 1640 AN INVITATION TO THE SCOTS. 179 This letter passed through Loudoun's hands, and the answer was forwarded by Savile some days after the Scottish nobleman July g> had set out on his return. It was signed by Bedford, tte s p|ers" f Essex Brooke, Warwick, Scrope, Mandeville, and Savile himself. It contained a distinct refusal to com- mit a treasonable act, and an assurance that the English who -had stood by the Scots in the last Parliament would continue to stand by them in a legal and honourable way. Their enemies were one, their interest was one, their end was one, ' a free Parlia- ment,' to try all offenders and to settle religion and liberty. This letter failed to give satisfaction in Scotland. Nor was its defi- ciency likely to be supplied by an accompanying letter, full of the most unqualified offers of aid from Savile himself. The Scots pressed for an open declaration and engagement in their favour. Towards the end of July, or early in August, Savile Saviie's sent t* 16111 wnat tnev wanted. He forged the sig- natures of the peers with such skill that, when the document was afterwards submitted to their inspec- tion, not one of them was able to point out a single turn of the pen by which the forgery might have been detected. 1 1 I have probably surprised many of my readers by the facility with which I have accepted as genuine the letters printed by Oldmixon (ffist. of EngL 141). Oldmixon *s character for truthfulness stands so very low that historians have been quite satisfied to treat the letters as a forgery* The internal evidence of their authenticity is, however, very strong. The- letters which he ascribes to Johnston, to the Peers, and to Savile, are written in so distinct a style, and that style is so evidently appropriate to the character and position of the writers, as to require in a forger very high art indeed art which there is nothing to lead us to suppose that Oldmixon possessed. The allusions to passing events cannot all be tested, but none of those which I have succeeded in testing are incorrect. The prediction, in- deed, that the troops would be on the Borders on July 10 anticipated reality by ten days ; but this is just the mistake which Johnston, writing before the event, would be likely to make, and which a skilful forger would avoid. On the other hand, the strongest evidence in favour of the letters is derived from the argument by which Disraeli satisfied himself of their supposititious character. He asks how Oldmixon came to place the seven names at the end of the Peers' letter, when he assures us that those names were cut out from the original ? My answer to this is that the letter produced by Old- mixon is not what he alleges it to be. The story 'of cutting out the names is i8o THE SECOND BISHOPS* WAR. CH. xcin. Encouraged by these communications, Leslie had in July taken up his post in Choicelee Wood, about four miles from borrowed by him from Nalson (ii. 428). There can, however, be no doubt that the paper described by Nalson was that forged by Savile, namely, the declaration and engagement on the faith of which the Scots said they had in- vaded England, and which they alleged to have been broken by the English lorJs. The letter in Oldmixon contains no engagement which those lords did not fulfil The forged letter must therefore have been entirely different from the one given by Oldmixon. Nalson's evidence, it may be remarked, is here of the highest authority, being, as has been noticed by Ranke (ii. 397) an extract from the memoirs of the Earl of Manchester, who, as Lord Mandeville, was one of those whose signatures were forged. On the hypo- thesis that the letters were Oldmixon' s forgery, we have to face the enormous difficulty that, after producing letters so wonderfully deceptive as the others were he did not take the precaution of forging one from the Peers which would bear the slightest resemblance to the description which he has him- self given of it. On my hypothesis everything is easily explained. Old- mixon met with the letters either in the original or in copy. Being either -careless or dishonest, or both, he was not content to give them simply for what they were, but must needs give them out for the lost engagement for \vhich Charles sought in vain. The dates, too, as we have them, support this view. The Peers' letter is said to have been sent off from Yorkshire on July 8, about ten days after Loudoun left London. Manchester, in his Memoirs i says that the engagement was sent after Loudoun had been re- leased, and had been some few weeks in Scotland. I would add that Henry Darley, the reputed bearer, was in York on July 28, signing the Yorkshire Petition, and it would be likely enough that Savile was en- couraged to the forgery by the temper of the signers of that petition. If so, Barley's journey would be, as I have suggested, towards the end of July or the beginning of August. Further, Darley was arrested by a warrant from Strafford, dated Sept. 20, and confined in York Castle, till he was libe- rated by the Long Parliament (Lords' Journals ; iv. 100, Hist. MSS. Com. jReJ>. iv. 30). The only piece of internal evidence against these letters is the reference to Lord \Variston, before he had gained that title as a Lord of Session. He was, however, a Scotch laird, and a Scotch laird might easily pass into a Lord in an English letter, his official title being that of Baron. My attention has been called by Lieutenant-Colonel Alexander Fergusson to the fact that John Napier, the inventor of logarithms, whose position was exactly that of Johnston, describes himself on a title-page as Baro de Murchistoun, and he also tells me that he is informed on high authority that in charters of such estates it was customary to use even the word Dominus of the owner. Oldmixou himself calls Johnston Sir Archi- bald Johnston, Lord of Wariston, which is clearly an anticipation of the i6 4 o SCOTTISH PARTIES. 181 Dunse. 1 He, too, had difficulty in obtaining money and pro- Leslie near visions for his army, and for some weeks he was Dunse. obliged to content himself with keeping a small force upon the Borders till supplies came in sufficient quantities to enable him to gather his whole army for the projected invasion. Nor were political diversions wanting to add to his distraction, 'pian of a The huge Committee of Estates was but a cumbrous dictatorship, substitute for' a Government ; and, as the prospect of a reconciliation with Charles melted away, the Covenanters can hardly be blamed for looking around for some temporary form of executive which would give unity of control to their actions Naturally the name of Argyle was uppermost in their thoughts, and plans were discussed, in one of which it was proposed to constitute him dictator of the whole country, whilst in another he was to rule with unlimited sway to the north of the Forth and two other noblemen were to receive in charge the southern counties. To such a scheme Montrose declared himself bitterly hos- tile. He was still under the delusion that it was possible to August, establish an orderly constitutional and Presbyterian The Bond of government, with Charles at its head. Whether this- Cumber- . . _ ,. , . nauid. notion were wise or foolish, it was shared, at least m theory, by a large majority of his countrymen, and when he en- tered into a bond with eighteen other noblemen or gentlemen to protest against 'the particular and direct practising of a few/ and to defend the Covenant within the bounds of loyalty to Charles, he only said plainly what few of his countrymen would have cared openly to deny. This Bond of Cumbemauld, as it was called, took but a sentimental view of the position of affairs. Scotland is, however, a land in which sentiment is peculiarly strong, as long as it does not require the positive neglect of the subsequent title. It is therefore possible to argue that the Lord Wariston of the letter is the result of Oldmixon's ignorance. Yet, after all, John- bton was, to the end, Lord of AVarriston, not because he was a judge, but because he was proprietor of the estate. For Savile's acknowledgment of the forgery, see p. 210. 1 Outside the wood is a spot marked as Camp Moor on the Ordnance Map. 1 82 THE SECOND BISHOPS* WAR. CH. xcm. hard facts of daily life. Amongst the signers of the Bond were such undoubted Covenanters as the Earl Marischal, who had been joined with Montrose in his attacks upon Aberdeen, the Earl of Mar, to whose keeping Stirling Castle had been entrusted by the national government, and Lord Almond, who was at that time second in command of the army destined for the invasion of England. The Bond itself was kept secret, but the feelings which prompted its signature were well known. In the face of this opposition it was impossible to persist in estab- lishing a new Government, which would have shocked the con- science of the nation. It was arranged that half the Committee of Estates should remain at Edinburgh, whilst the other half should accompany the army to the field. It would be time enough to settle what the future constitution of Scotland was to be when the objects of the invasion had been attained. In the policy of the invasion itself both parties were agreed. 1 The small number of the forces on the Borders, combined with the rumours of want of money, deceived the English The En lish commanders. Up to August 10 Conyers and Erne- commanders ley from Berwick, and Conway from Newcastle* expect an reported constantly that no invasion was to be invasion. expected, and that at most a mere foraging raid was Intended. 2 At Court the truth was better understood. The Scottish nobility and clergy who had taken refuge there had friends in Scotland who took care to keep them properly informed of passing events. 3 But the knowledge of the danger Vacillation did not make it any the easier to resist it. There at Court. was t j ie 013 vacillation in Charles's mind. One day, orders were given to disband the regiments which had been told off to serve under Hamilton, because it was understood that the men would break out into mutiny rather that set foot on board ship. Another day orders were given to bring them 1 Napier, Memoirs of Montrose, i. 262. Memorials of Montrose, i. 183, 254. 2 Conway to Northumberland, July 28. Conyers to Windebank, July 29. Conyers to Conway, Aug. 4. Erneley to Windebank, Aug. 5, S. P. JDom. ccccli. 58, cccclxi. 40, cccclxiii. 31, 39. 8 Vane to Conway, Aug. 3, Clar. S. P. ii. 101. 1640 THE IRISH ARMY. 183 back to their colours. The preparations for coinage of base money were suspended, without being absolutely counter- manded. A fresh attempt to obtain a loan from the City companies separately having broken down, the French and Dutch merchants residing in London were asked, with equal want of success, for a small loan of aOjOoo/. 1 Amidst all this matter of confusion, Straffbrd felt the ground slipping away beneath his feet To what purpose had he Stafford placed himself in the forefront of the battle, had deserted. bullied aldermen, and cried out for the enforcement of ship-money and coat-and-conduct money, if none of the things which he recommended were really done ? Except in himself c thorough ' was nowhere to be found. A bewildered king, a commander-in-chief who had no heart for the war, officials who shrank from the responsibility of illegal action these were the instruments which he found to his hand at the iime when, as he firmly believed, the whole future well-being of his country was at stake. Whatever was to be done he must do it alone in spite of Charles, if it could not be done otherwise. On one part of the world alone could he look The Irish w ^ n satisfaction. The Irish army was not mutinous y - and disorderly like the English peasants, The infantry was already at Carrickfergus. The cavalry had not yet gathered to its rendezvous, but it was ready to rise on a word from him. In the first week of August he had purposed to -cross the Irish Sea. 2 Once in Ireland he would be free from -the trammels of courtiers and the weakness of a man whom he had seen too closely to respect him as he had respected him from a distance. At least, that master had had no hesitation Au in giving him full power over his Irish forces. With Stratford's dangers gathering thickly around him in England, h?m poweftl the old idea of using that trusted soldiery to compel sedition 5 ^ obedience elsewhere than in Scotland took formal England. shape in the patent by which the command was en- trusted to Strafford. He was to be 'Captain-General over 1 Northumberland to Conway, Aug. II, 5 1 . P. Doni. cccclxiii. 71. Joachimi to the States-General, Aug. *-*, Add. MSS. 17,677 Q, fol. 225. 2 Wandesford to Ormond, Aug. 25, Carte MSS. i. 240. 1 84 THE SECOND BISHOPS* WAR. CH. the army in Ireland, and of such in England as the King by his sign manual shall add thereunto, to resist all .invasions and seditious attempts in England, Ireland, and Wales, and to be led into Scotland, there to invade, kill, and slay.' These troops he might conduct into 'any of the King's dominions with power to suppress rebellions or commotions within any of the three kingdoms or Wales. 71 The patent was indeed but a copy, with unimportant altera- tions, of the patent which had been granted to Northumber- fresh land. 2 But it can hardly be doubted that if need had arisen Stafford would have been ready to take Ioan - advantage of its widest terms. Yetj what were soldiers without money ? Once more, on the 8th, Stafford pressed the Spanish ambassadors for an instant loan. His demand for 300,0007. had sunk to ioo,ooo/. a fortnight before. Now he declared that he would be well content with 50,0007. If the Cardinal Infant would lend that, he should have the whole of the Irish Customs as his security, and should be allowed to levy 6,000 Irishmen for the Spanish service, and to- hire twenty English ships to reinforce the Spanish fleet in the coming spring. The ambassadors recommended the Cardinal Infant to comply with the request. 3 Events were, however,, hurrying on rapidly in England, and it might be too late before the answer came. Into Strafford's inner soul during these distracting months it is impossible to penetrate. Save by fierce expressions of contempt, he never betrayed his chagrin. His hard destiny had yet to be fulfilled. He had built the edifice of his hopes on the shifting sand. He had misconceived the conditions of political life in the England of his day, and facts were already taking upon him their terrible revenge. Not yet had the iron entered into his soul as it was to enter in the coming weeks. On August 10 Conway at last convinced 1 An Abstract of Stratford's Patent, Aug. 3, Carte MSS. i. 240 2 Stratford's Patent, Aug. 3, ibid. i. 397. 3 Velada, Malvezzi, and Cardenas to the Cardinal Infant, Aug. A Brussels MSS. Sec. Esp. cclxxxv. fol. 149. l8r> 1640 THE NORTHERN ARMY. 185 himself that an invasion in force was imminent Conway was- Aug. 10. a k raye and tried soldier, but he was not the man to Conway uphold a sinking State. Strafford, in his place, would learns that , . . . t anmvasion nave seized upon an authority which was not law- is imminent. fully ^ an ^ fay threats and encouragements, would Ipftg- ago have fortified Newcastle. Conway had remonstrated ''that the place was in danger, and when he was told that he could have no money for the fortifications, had quietly ac- quiesced in his helplessness. He now wrote a doleful letter to- Northumberland. Newcastle, he said, was utterly indefensible. At the utmost it might be guarded for a day or two. He had written to Astley to send him men from Selby, but men without money would ruin the country worse than the Scots. He had also written to Sir Edward Osborne, Strafbrd's vice-president of the Council of the North, to put the Yorkshire trained bands> in readiness, and to inform him how the country and the gentry stood affected. With his scanty numbers it was impossible for him to do anything against a whole army. 1 Astley could do little to help. By the nth, 12,800 men. had arrived at Selby, about half the number with which the Aug. it. Scots were preparing to cross the Tweed, and of forcwln'the tnese 3j were entirely unarmed. All depended on North. the supply of money. The week before there had been a mutiny for want of pay, and a soldier had been hanged by martial law. Osborne's reply was equally discouraging. The Yorkshire trained bands were completely disorganised. Anns which had been lost in the last campaign had never Feeling in been replaced. Four colonelcies were vacant, and Yorkshire. - i m p OSS j5i e to find men in the country fit to fill them, 4 who stood rightly affected as to his Majesty's service. 7 If the men were called out, the gentry would refuse to lead them out of their own country. " I am persuaded," wrote the Vice-President, " if Hannibal were at our gates some had rather open them than keep him out. ... I think the Scots had better advance a good way into Northumberland without re- sistance than we send this army to encounter them without 1 Conway to Northumberland, Aug. 10, Clar. S. P. ii. 102. i86 THE SECOND BISHOPS* WAR. CH. xcin. pay ; for then, without all question, they will prove more ravenous upon the country than the Scots, who, for their own ends and to gain a party here, I believe will give the country all the fair quarter that may be, which our men neither can nor will do." l An invasion welcomed by a large part of his subjects, and regarded with indifference by the rest such was the pass to Confusion at which Charles had been brought by eleven years of Whitehall. wi jf u j government. Everywhere there was lukewarm- ness and ill-will. 2 The attacks upon the communion-rails had spread from Essex to Hertfordshire. Laity and clergy were of one mind in protesting against the oath enjoined by the new -canons. At Whitehall everything was in confusion. Northum- berland vowed that if he was to take the command he would not go without money. 3 Now that it was too late, pressing orders were sent to Conway to fortify Newcastle by the forced labour of the townsmen. 4 The coming of the Scots was preceded by two manifestoes one in the shape of a broadside for popular distribution, the Scottish other as a small pamphlet for more leisurely perusal. manifestoes. The Scots p roteste(i that the matter must ^ ^ be brought to an issue. They could not afford to continue in arms during interminable negotiations. They were therefore coming to England to obtain redress of grievances from the King. But, with all respectful language towards Charles, they made it clear that it was not from him, but from a Parliament that they expected redress. The last Parliament had refused to assist him to make war on Scotland. The next one would bring to justice Laud and Stafford, the instigators of the evil policy which had been pursued, and would relegate the Scottish councillors who had been guilty of a like fault to a trial in 1 Astley to Conway, Aug. n, 13, s. P. Dom. cccclxiii. 77 03 Osborne to Conway, Aug. 14, Clar. S. P. ii. IO5 73 ' 93 ' Salisbury to Windebank, Aug. 13 ; G . Beare to W. Beare, Aug. 13, o. P. Dom. cccclxm. 90, 98. Montreuil's despatches, Aug. E|, Bibl. 2fat. Fr. ,5,995, fol. IO9 . Oshl^toV C T y> Aug ' " I3 > * f - *>* cccclxiii. 73, 93. Osborne to Conway, Aug. 14. Clar. S. P. ii. 105. 3640 THE KING'S RESOLUTION. 187 their own coantry by the laws of Scotland. The invading army would do no man any wrong, would shed no blood unless it were attacked, and would pay ready money for all the supplies -which it consumed. 1 Charles's policy of using English forces against Scotland / 2?$frecoiling on his own head. Both nations were alike sick Appeal to of his ixiisgovernment. The practical union of the Parliament. c rowns W ould prove but a feeble link in comparison with the union of the peoples. The Scots had appealed from the English King to the English Parliament. Copies of the Scottish manifesto were circulated in London on the 1 2th. 2 Charles was never wanting in personal bravery. Aug. 12 ^ a counc *l held on the r6th, he announced his ThemanL- intention of going in person to York, to place him- London. self at the head of his disordered army. He would Aug. 16. listen to no objections. In vain Hamilton suggested Jnn^oSSE ^ at an arm y ill-affected and ill-paid might not be that he will the better for the King's presence. In vain Holland s to r "' asked whether the King would have any money when he arrived. In vain, too, StrafTord, refusing to believe in the reality of the risk, and thinking that a Scottish invasion would stir England into loyalty, declared that he was not satis- .fied that Newcastle was in danger, and that if the Scots came in 'it would not be the worse for his Majesty's service.' Charles rightly felt that the post of honour was in the North. Only by . appearing in person could he prove the untruth of the state- ment in the Scottish manifesto, that what had been done had been done by evil counsellors rather than by himself. 8 Aug. 17. ^ e next f W days were spent in preparation. On 4e S York t ^ ie I ^ t ^ 1 a s ^ ar P answer was returned to the York- shire peti- shire petition, 4 criticising its inaccuracies, and ex- plaining that the Petition of Right was never intended to do more than to enact that soldiers billeted should pay for 1 Information from the Scottish nation, Treaty of Ripon t 70. The in- tentions of the army, Spalding, i. 321. 2 Monlreuil's despatch, Aug. ^, BibL Nat. Fr. 15,995, fol. 109. 8 Minutes of Council, Aug. 16, Hardwire S. P. ii. 147. 4 Page 177. 1 88 THE SECOND BISHOP? WAR. CH. xcni. the provisions they consumed. 1 This loose interpretation of the duties which he owed to his subjects did not prevent Charles from holding his subjects to the very letter of the law towards himself. On the i9th he issued orders to Tombed the lords-lieutenants of the midland and northern bands called count j es to ca n ou t the trained bands for immediate AU 20. service. On the 2cth, he directed that all persons Tenants in holding by knight's service should follow him to the Smce field, as their tenures bound them to do, though he summoned. added he was ready to acce p t fines in lieu of service. * The now familiar order to the sheriffs to pay in the arrears of ship-money was once more issued. To prevent further ill-feeling during the King's absence on the ground of the etcetera oath, Laud was directed to suspend its administration till October. 3 For the army thus hurriedly ordered to be got together it was now necessary to find a commander. Northumberland Stratford to had always been hopeless of any good result, and kis nealth nad by this time broken down under the strain. 4 There was but one man capable of occupying the post. With the title of Lieutenant-General, Straffbrd was to be placed at the head of the English army. It was finally arranged that Hamilton's mutinous men should be disbanded. 5 The Irish army was to be left to shift for itself. The ruin in the North was to be left for Strafford to deal with as best he might. Not that Strafford was in any way despondent. He utterly refused to believe that Newcastle was indefensible, or that the trained bands of the North would not rally to the King when once he was amongst them. 6 1 Privy Council to the Council of York, Aug. 17, S. P. Dom. cccclxiv. 17. 2 The King to the Lords -Lieutenants of certain counties, Aug. 19, 5. /*. Dom. Proclamation, Aug. 20, Rymer^ xx. 433. 3 Hardwicke 5. P. ii. 151. 4 It has often been suspected that this illness was a feint to escape the responsibility of commanding ; but the letters amongst the Slate Pagers leave no doubt of its reality. See especially Garrard to Conway, Oct. 6 r S. P. Dom. * Windebank's Notes, Aug. 29, S. P. Dom. cccclxiv. 45. 8 Strafford to Conway, Aug. 18, ibid, cccclxiv. 27. 1640 THE SCOTS CROSS THE BORDER. 189 On the morning of the 2oth the King set out from London. That night the Scottish army, some 25,000 strong, crossed the The King Twee s advantage c than should have been had we been the aggressors.' The English army, too, would be at Newcastle before the Scots, c and so secure the place.' 3 If Strafford was over-sanguine, his hopes were not entirely without foundation. The county of Durham offered to turn The Durham out its trained bands, and to send 2,000 men to s&l V trSned defend the fords of the Tyne. On the 24th the bands. K j ng co ii ecte rounc i him the lords and gentry of Yorkshire, and adjured them to form a second line of defence on the Tees. In the presence of their sovereign the gentlemen of Yorkshire laid aside their grievances for a time, and offered to follow where he should lead, within the county, on the receipt of a fortnight's pay. "I must tell you," wrote Vane, 1 E. L C. Court Minutes, Aug. 22, 26. Warrant, March (?), 1641, S. JP t JDom, * The King to Windebank, Aug. 23, 27, Ctor. S. P. ii. 91, 92. 8 Strafford to Cottington, Aug. 24, S. P. Dom. cccclxiv. 86. 1640 STRAFFORD AT YORK. 191 " had not his Majesty been in person, I do not conceive it had been possible to have induced this county to have risen by any other means, so great was the distemper when his Majesty arrived here ; and by this you see that the person of a king is always worth 20,000 men at a pinch." Encouraged by the example of Yorkshire, Charles ordered that the nine counties lying nearest to the southern border of that county should be summoned to send their trained bands to the common de- fence. 1 In the meanwhile, the Council was not idle in London. So great did the danger appear that they appointed Cottington Constable of the Tower, to prepare that fortress to stand a siege. Arundel was appointed Captain-General of all his Majesty's forces to the south of the Trent, and was directed to put into execution the Commission of Array, calling out all able-bodied men for the defence of the country. 2 It was all too late. Time would in any case have been needed to weld these heterogeneous elements into a disciplined army, and time was not even allowed to unite the ing to the forces which Charles already had at his disposal. Kmg ' The Scots were hastening their march, in spite of the heavy rains which had soaked the roads and impeded their progress. Over the King's army there was no commander present except himself. Strafford had been delayed by ne- cessary preparations in London, and had been overtaken at Huntingdon by an attack of his old disease. In spite of failing Aug. 27. health he pushed on to the scene of duty. On the Stafford's 2 yth he was at the King's side at York, adjuring the vSShire. Yorkshire gentry to give up their demand of a fort- night's pay. They were bound by their allegiance, he said, to follow his Majesty to resist invasion at their own cost j c bound, r he repeated, by the common law of England, by the law of nature, and by the law of reason.' They were no better than beasts if they now hung back. 3 1 Yorkshire Petition, Aug. 24, Ruslworth, iii. 1231. Vane to \Vmde- bank, Aug. 25, S. P. Dom. cccclxiv. 95. 2 Windebank's Notes, Aug. 25, 26, S. P. Dom. cccclxiv. 94. Order for the Commission of Array, Aug. 26, Rushworth, iii. 1233. s Stafford's speech, Aug. 27, Rztshworth, ii. 1235. 192 THE SECOND BISHOPS' WAR. CH. xcrii. Worn out by fatigue and disease, Stratford had made his last effort for a time. He would gladly have hurried to the front, but his bodily weakness chained him to York. Racked with pain, he sent off an impatient letter to Tyne. Conway, bidding him to defend the passage of the Tyne at any cost. 1 When Stafford's letter reached Conway it found him in no mood to attempt anything heroic. Having been on the spot Aug< z ^ for some months, he had taken a truer measure of Con^y the military position than could be taken by anyone espairs. . n L on oru Astley had hurried up to Newcastle, where for some days the inhabitants had been labouring hard at the necessary fortifications. Yet there was no chance that the work would be completed before the Scots arrived, and Conway was totally unprepared to meet the enemy in the field. It is true that by this time the two armies were about equal in numbers ; but even if the quality of the two forces had been equal, the Royal army was too scattered to make resistance. Twelve thousand foot and five hundred horse were with the King at York. Ten thousand foot and two thousand horse were with Conway and Astley at Newcastle. If the Scots succeeded in crossing the Tyne, not only would the English anny be cut in two, but as Gateshead was still 1 Strafford to Conway, Aug. 27, Clar. S. P. ii. 107. 1640 THE ROUT OF NEWBURX. 193 unfortified, Conway's troops at Newcastle would be entirely at the mercy of the enemy. 1 Stafford's advice was the best possible under circumstances which admitted of none that was good. He recommended Stafford's Conway to lead out the bulk of his forces to stop the advice. passage of the Tyne. 2 The suggestion reached Con- way too late ; like most weak men, that officer was attempting to gain two incompatible objects at the same time. He divided his army into two parts. About two-thirds he left to Conway s . __ . x . . . disposi- garrison Newcastle, though he was perfectly aware tions. other third, about 3,000 foot and 1,500 horse, 3 he marched out on the evening of the syth, to hold the ford at Newburn, some four miles above Newcastle. The Tyne at Newcastle is a tidal river, only passable at low- water. Low tide on the 28th was between three and four in the afternoon, and, as the Scots had not reached the Aug. 28. The ford at spot on the preceding evening, Conway had some Newbum. ^^ ^ make his preparations. Not much that was effectual could be done. The river winds among flat meadows which lie between steep banks, rising up at a distance of about half a mile from one another. Any force placed to defend the ford would, therefore, be commanded by the northern height, which at this place slopes down to the water's edge. Yet simply, as it would seem, to avoid the charge of cowardice, Conway prepared to defend, with inadequate means, an in- defensible position. 4 He threw up two small works, one close to the river, the other a little in the rear. In each of these he - l Conway to Vane, Aug. 26, S. P. Dom. cccclxv. 3. 2 StrafFord to Conway, Aug. 27, ibid, cccclxv. 10. In the Clar. S. P. li. 1 08, the force of the advice is lost "by the number of the foot whkh Strafford wished Conway to take with him, being misprinted as 800 instead of 8,000. 8 The numbers are variously given. 4 I do not think it presumptuous in one without military knowledge to speak strongly on this point. In the summer of 1880 I visited the spot, and the impossibility of resistance appeared to me to be evident even to the most unpractised eye. VOL. IX. O 194 THE SECOND BISHOPS' WAR. CH. xcui.. placed 400 men and four guns, whilst he drew up his horse at a small distance to the eastward, to be ready to charge the Scots as they reached the shore in confusion. His headquarters were at Stella, on the top of the southern height, where the remainder of his men were kept in reserve. When the Scots arrived they occupied themselves with planting cannon in a commanding position. The English were the first to fire, but they could do but little damage The Scots r _ . ' , ' . . _ . > c cross the from the low ground. For three hours their guns were unanswered. Then, when the tide was running low, the Scottish ordnance began to play upon them. The English bulwarks gave Conway's soldiers but little defence against the plunging shot. The raw troops, never having before seen a gun fired in anger, began to murmur against their officers. Why, they asked, had they been kept there night and day ? Why had not men come from Newcastle to relieve them ? At last a shot struck to the ground some of the defenders of the nearest work. The rest threw down their arms and fled. 1 The men in the other work soon followed their example. By this time the Scots had begun to cross the river. Their horse charged the English cavalry, and drove it off the level Defeat of the ground. Astley did his best to rally his men at the English. top of the hin . the Scotg followed them ther6j and charged once more, with Leslie in person at their head. The English horse broke and fled, leaving some of their officers- as prisoners in the hands of the enemy. The fugitives did not draw rein till they reached Durham. The infantry fell back on Newcastle. 2 To remain at Newcastle was to be caught in a trap. Early 1 Dr. Burton (Hist. ofScotL vii. 109) quoted Conway as saying, in his Narrative, that < the soldiers were unacquainted with the cannon,' and interprets this as meaning that < they were not aware of their existence till they opened fire.' Camay's words, as given in the Clar. S. P., are, the soldiers were new, unacquainted with the cannon, 1 meaning that they had never heen under fire before. Conway's character for discretion in posting his men in such a trap cannot be defended on the plea that he did not know that the Scots had cannon. The reports of the spies in the Mate Papers prove the contrary. * JftuAawnrt, iii. 1236. Balfo^r, ii. 384. Bail&, i. 256. Conway's 1640 PROGRESS OF THE SCOTS. 195 in the morning of the 29^ therefore, Con way and Astley Au marched out with all their force, leaving the town to Newcastle its fate. Before many hours had passed, Sir William abandoned. -p^g^ p resen t e d himself at the gate with the usual promises of good treatment His countrymen, he said, had come to petition for their religion, their laws, and their liberties,, but had brought with them a sword to defend themselves against all who might attempt to hinder them from reaching the King. They were ready to pay for all that they consumed. Aug. 3 o. The next morning Newcastle was occupied in force S5w by b > T the Scots - The y seized the King's custom-house, the Scots. an( i took for their own use the stores which had been abandoned by the retreating army. 1 On the night of the soth, Con way, having rejoined his fugitive horse, arrived with his whole force at Darlington. Conwayat Strafford, who was there to receive them, wrote Darlington, cheerfully to the King. 2 To his bosom friend, Sir George Radcliffe, he poured forth a wail of despair. "Pity me," he wrote from Northallerton, to which place he had gone, to put himself at the head of Con way's men, " for never came any man to so lost a business. The army altogether necessitous and unprovided of all necessaries. That part which I bring now with me from Durham, the worst I ever saw. Our horse all cowardly ; the country from Berwick to York in the power of the Scots ; an universal affright in all ; a general disaffection to the King's service, none sensible of his dishonour. In one word, here alone to fight with all these evils, without anyone to help. God of his goodness deliver me out of this the greatest evil of my life." 3 Strafford spoke truly. Not the scaffold and the raging Narrative, Clar. S. P. ii. 108. Vane to Windebank, Aug. 29. Dymock to Windebank, Sept. 10, S. P. Dom. cccclxv. 38, cccclxvii. 6. 1 Narrative of the Scots 1 entry (S. P. Dom. cccclxv. 59 i.) compared, with Dymock's letter to Vane, quoted in the last note. The dates are difficult to make out, unless the Narrative, which is said to have been written on Aug. 29, was in reality written on the soth. - Strafford to the King, Aug. 30, 5". P. Dom. cccclxv. 49. 3 Strafford to Radcliffe, Sept. I, \Vhitaker 5 s Life of Radcliffe, 203. O 2 * 9 6 THE SECOND BISHOPS WAR. CH. xcm. crowd, thirsting for his blood, were the worst of evils. In the inexplicable and utter failure of hopes conceived with a lofty purpose, lies the tragedy of life to him who cannot humbly bend beneath the stroke, and ask, in all seriousness of purpose, whether the work which has for long years seemed to him so lofty and heroic be, indeed, other than a fabric of his own self-wilL 197 CHAPTER XCIV. THE TREATY OF RIPON. STRAFFORD was not one to feel despondent long. But for the temper of the soldiers, the mere military position was even better than it had been before the rout at Newburn. There was no longer a danger of an interruption of the communica- tion between the two divisions of the army. The Scots, indeed, had pushed on to Durham, and occupied the line of the Tees. From Durham there had been a sudden flight of the cathedral clergy, the Scottish dean, Dr. Balcanqual, who knew himself to be specially obnoxious to the invaders, as the author of the Large Declaration, being foremost in the hasty exodus, so that far into the next century the Durham boys were in the habit of greeting a breathless fugitive with scornful cries of " Run away, Dr. Boconcky." l But the flight of a few dignitaries of the Church could not affect the military position. The King was concentrating his forces at York, and whether he advanced to Conway, or summoned him to his assistance, the united armies would be about equal in number to that of the invaders. Unhappily for Charles it was very far from being a question of numbers alone. The army was without heart or discipline. The nation was equally without heart or discipline. There was a widespread conviction that the cause of the invaders was , , the cause of the invaded as well. " I must tell you " Vane s call e- wrote Vane to Windebank, " it is strange to see how Leslie steals the hearts of the people in these nor- thern parts. You shall do well to think of timely remedies to 1 My friend, Professor Hales, pointed out to me this anecdote in Surtees' History of Durham. 198 THE TREATY OF RIPON. CH. xciv. be applied, lest the disease grow incurable, for I apprehend you are not much better in the South." A postscript added the alarming news that Leslie had already quitted Newcastle, and was pushing farther on in pursuit 1 Already the committee to which the government had been entrusted during the King's absence, was at its wits' end. In- Au i formation was brought that Essex, Warwick, Bedford Timidity of and his son Russell, Saye, Brooke, Pym, and Hamp- the Council. en ^ were ' m c ^ ose conference in London. Such a gathering boded no good to the tranquillity of the Government Yet the committee did not dare to attack the offending peers openly, to make them smart for it, as Stafford had said of these very men in his speech after the dissolution. Neither could they resolve to let them alone. They weakly sent Arundel to Bedford, to recommend him 'as of himself to go back to his duties as lord-lieutenant of his own county, and they sug- gested to Essex, through one of his friends, that it would be well for him to offer his services to the King. The Queen, too, agreed to write him a civil letter to the same effect Any- thing more that his Majesty might suggest they were ready to do. 2 Not by such means as this was Charles's authority to be made good. The peers and commoners who met in London, The Opposi- were Dut taking the step which they had always tionmeetmg. intended to take. In the letter forwarded by Savile in July, they had engaged to support the Scottish advance by a demand for a Parliament. That demand they now put into A 2g shape. On the 28th, the day of the rout at Newburn, Petition of they signed a petition, which was probably only a eers. CO py ^^ slight alterations of the Remonstrance, to avoid the presentation of which the Short Parliament had been dissolved. It ran over the grievances of the military charges, of the rapine caused by disorderly soldiers, of the Innovations in religion, of the increase of Popery and the em- ployment of recusants in military commands, of the dangerous 1 Vane to Windebank, Aug. 30, Hardwicke S. P. ii. 164. 2 WindeTDank to the King, Aug. 31, Clar. S. P. ii. 94. 1 640 THE TWELVE PEERS. 199 employment of Irish and foreign forces, 1 of the urging of ship- money, of the growth of monopolies, and of the intermissions of Parliament. They then turned to the remedies. The}* asked that a Parliament might be summoned in which the authors and counsellors of their grievances might be brought to trial, and that negotiation might be opened for a peace with the Sects, in order that both kingdoms might be united * against the common enemy of their reformed religion.' The addition of the demand for the punishment of his advisers was all that the King had gained by his rejection of the terms of the Short Parliament. The petition as it stands is now known to have been the handiwork of Pym and St. The twelve John ; 2 but neither Pym nor St. John affixed their peers. signature to it. By customary usage the peers were regarded as the born counsellors of the King, and it was in that character that twelve of their number now approached the throne. To the names of six of the signatories of the letter to the Scots Bedford, Essex, Brooke, Warwick, Save, and Mandevilie were added those of Exeter, Hertford, Rutland, Mulgrave, Howard of Escrick, and Bolingbroke. 3 Behind these names was England itself. Before the petition was made known, Charles had sent to his Council in London for its advice as to the steps to be taken Sept. i. if the Scots should disregard his shattered army and Srsadtfcc marc k u P on London. 4 Already, before the request asked. arrived, the Council had come to the conclusion that it was itself too weak for the burden thrust upon it. An army there must be in the South to second the efforts of the King. But where were officers to command it, or money to pay it ? 1 Probably alluding to the Danish contingent, which was talked of then and later. See page 175. 2 Savile to Lady Temple, Nov. 1642, Papers relating to the Delin- quency of Lord Savil&i p. 2, ed. by J. J. Cartwright in the Camokn 31isc. vol. viii. 3 Petition of the Peers, Aug. 28, S. P. Dom. cccclxv. 16. The copy in Rushworth) which, as Ranke has pointed out, is incorrectly printed, con- tains the names of Bristol and Paget in the place of those of Exeter and Rutland. 1 Vane to Windebank, Sept. i, S. P. Dom. 200 THE TREATY OF RIPON. CH. xciv. The idea suggested itself that, as the peers had supported Charles against the Commons in the last Parliament, they might still be found on his side. It was asked whether some of the noblemen might not be won over If they were called to share in the deliberations of the Council. The next day, when Charles's missive arrived, the notion developed itself further. The idea that it was possible to raise Sept. 2. money any longer by prerogative was only men- Coucn tioned to be rejected. Manchester suggested that proposed. not merely a few peers, but all, should be summoned. They were the born counsellors of the King. In the reign of Edward III., such an assembly, the Great Council of the Lords, had assisted the King with large sums of money, without any Parliament at all. Shrewder members of the Council urged that it would be as easy to summon Parliament at once as it would be to summon the peers, and that the former alternative would be far more useful. It was, however, something to put off Se t the evil day for a season, and a formal recommenda- tion was forwarded to Charles to summon the peers to meet in London as soon as possible. 1 So out of heart were the councillors now, that they were already taking measures for strengthening the fortifications of Portsmouth, as a last place of refuge for the King. 2 Charles did not as yet share in the terrors of his Council. He still believed it to be possible to rally the kingdom round Sept. 2 . him. "Tell the Earl Marshal and all the Council," Io h esfot s he wrote to Windebank, "that we here preach the despair. doctrine of serving the King, everyone upon his charge, for the defence of the realm, which I assure you is taken as canonical here in Yorkshire ; and I see no reason why you of my Council should not make it be so understood there." 3 Se t Charles's confidence was not entirely without founda- tion. The Yorkshire trained bands were moving at last. One regiment marched into York on the evening of the 1 Memorial of the Council, Sept. 2, Hardwire S. P. ii. 168. Obser- vations of the Council, Sept. 3, S. P. Dom. 2 Windebank's Notes, Sept. 2, ibid, 8 The King's Notes, Sept. 2, Clar. S. P. ii. 96. 1 640 THE GREAT COUNCIL. 201 3rd, and the greater part of the remainder was expected on the following day. Vane was once more in good spirits. " "We shall have a gallant army," he wrote. " God send us hearts to fight. AVe shall have horse and foot sufficient" It was for Juxon and Cottington to provide them in good time with money and provisions. 1 It was the last thing that Juxon and Cottington were capable of doing. The truth of his weakness was to be brought home to Charles through the emptiness of his exchequer. In the meanwhile he had to bend his ear to voices to which he was Sept. 4 . unaccustomed. On the 4th, after the occupation of The Scottish Durham, the Scots sent in a supplication, couched supplication. , -, , , , , . , , . in the usual humble terms, asking that their gne- The "petition vance s might be redressed with the advice of an pfi h enfed ers En n ' s ^ Parliament. 2 Almost at the same time, Mandeville and Howard arrived from London with the Petition of the Twelve Peers. Whilst the King's Council at York was debating on the an- swer to be given to demands which, coming from such opposite The Great T remained on the defensive they would r wear out t ^ ie Scots. The question of overpowering a loan. the Scots was not the foremost one with the other peers. Now that a Parliament was to meet, said Bristol, the City would be ready to lend. It was ultimately resolved to send a deputation to London to collect a loan of 2oo,ooo/. on the security of the Peers. l It remained to be considered on what terms the negotiation should be opened The King proposed that the Pacification Sept 26 ^ Stermdk* that vague and inconclusive arrangement Terms of " which had been subjected to so many interpretations, negotiation. ^^3 ^ taken as the basis of the understanding. Was it not, asked the King, dishonourable to go further than the Pacification ? If he had had his way he would have se- cured the support of the Lords in refusing the Acts of the late Parliament. He would not acknowledge that he must look upon the Scots as capable of dictating terms. Bristol took the more sensible view. " If his Majesty were in case," he said, "it were best to bring them on their knees ; but now, consider- ing their strength, Newcastle and the two provinces taken, we must now speak of the business as to men that have gotten Sept, 29. these advantages." 2 Charles was not to be moved. * n t ^ e instructions finally given, he declared his intention of keeping the Scottish castles in his own hands. As to such acts as were derogatory to his crown and dignity, he had instructed Traquair, Morton, and Lanark to inform the Scots of his pleasure. 3 Oct 2 There could be little doubt what that information Meeting at would be. The point, however, would not be raised Ripon. or some little time. The Commissioners of the two nations met at Ripon on October 2. It was evident, from 1 Sir J. Borough's notes of these and the subsequent meetings of the Great Council are printed in Ifyrdwicke S. P. ii. 208, from Harl. JfSS. 456. The printed copy cannot always be relied on ; Mandeville's speech, for instance, is attributed to Savile at p. 209. 2 Hardwicke S. P. ii. 225. 3 Rmhwarth 9 iii. 1283. VOL, IX. P 210 THE TREATY OF RIP ON. CH. xciv. the first, that the Scots were aware of the strength of their position. Loudoun, who took the lead on the Scottish side, said plainly that his countrymen would not be content without taking into Scottish consideration events which had happened since the demands. Pacification j and he also took objection to the pre- sence of six persons who had been named as assistants to the English lords, especially as one of the number was the ob- noxious Traquair, who was pointed out by the Scots as one of the incendiaries at whose trial and punishment they aimed. 1 The Scots seem to have been surprised at the tenacity with which Bristol, without contradiction from his fellow-commis- sioners, fought them inch by inch. They had entered England under the belief that they had received from seven of the com- missioners present a positive offer of armed assistance, and they could not understand how those very men should be found supporting the arguments against their claims. That evening,, Oct Loudoun, and Johnston applied anxiously to Mande- Meeting ville for an explanation, charging him and the other between . . , , , - , . - Loudoun, six peers with a breach of their signed engagement* and'Ske- To this unlooked-for accusation Mandeville answered ville - that he knew nothing about the matter. Loudoun and Johnston replied that the whole negotiation had passed through Savile's hands, and that he would be certain to bear witness to the truth. The next day, accordingly, Savile was Savile's sent * r anc * interrogated. Prevarication in such of company was useless, and he boldly acknowledged the forgery. He declared himself to have acted as- he had from motives of patriotism, and he now said that the only thing to be done, since his falsehood had been discovered, was to take advantage of its results for the common good. Savile's treachery was easily condoned. It was not likely Savile's ^ at ^ e wou ^ ever be trusted again by those whom tpachery he had tricked ; but if, as is probable, he had condoned. ... r ' been the medium through whose hands genuine as well as forged writings had passed, it is easy to understand 1 Borough's Treaty of Ripon (Camd. Soc.), 1-17. Commissioners to* the King, Oct. 2, RushwortJi ^ iii. I2,?9 1640 STATE OF LONDON. 211 the mixed motives of those who concurred in passing over so odious a treachery. Naturally, too, the English lords were anxious to obtain from the Scots the incriminating paper. The Scots refused to give it up, but they cut out the supposititious signatures and burnt them in Mandeville's presence. 1 In the open discussions which followed, the question of the assistants was settled by the compromise that they might give Oct. 5. advice without showing themselves at the public Progress of conferences. Then came a debate on the terms on the negotia- tion, which a cessation of arms was to be granted. The Scots declared that nothing short of 4o,ooo/. a month would satisfy them during their occupation of the northern counties, and that this payment must last until the conclusion of peace. The English Commissioners referred the demand to the King. Before Charles gave his answer he was in possession of better news from London than he had been accustomed to receive. In the last days of September the exasperation of the citizens had been daily growing. At the election London. of the new Lord ]j a yor, t ^ e y shouted out that they would have none who had opposed the petition to the King, and set aside the aldermen who stood highest on the list, and one of whom, according to the usual custom, would have been elected without further difficulty. The greater part of the votes were divided between Geere, who had given his support to the petition, and Soames, who had been sent to prison for his resistance to the loan. Riots, too, broke out in two of the City churches, where Dr, Duck, the Bishop's Chancellor, had irritated the people by calling upon the churchwardens to take the usual oath to present offenders against the ecclesiastical law. In one of them the summons was received with shouts of 1 Nalson, ii. 427. The story is extracted from Mandeville's own Memoirs. Dr. Burton commented on it, that -'the doubts that any such affair ever occurred are strengthened by the absence of any reference to it in Mr. Bruce's Riptm Papers. * Surely he could not have been serious in supposing it likely that the official note-taker of the Conference would be invited to be present at this interview ! The passage in question is to be found in a fragment now known as Add. JfSS. 15067, which is thus identified as a portion of the long-lost JA'/w/rj of the Earl of Manchester. Its importance will be seen when the narrative reaches Stratiord's arrest. p 2 212 THE TREATY OF RIPON. CH. xciv. No oath ! no oath 1 ' from the crowded assembly. An apparitor, who unwisely spoke of the disturbers as a company of Puritan dogs, was hustled and beaten, and was finally carried off to prison by the sheriff, who had been summoned to restore order. The Chancellor was glad enough to escape in haste, leaving his hat behind him. 1 All this was changed for a time by the arrival of the peers from York. On October 2 an informal meeting was held, in Oct. 2. which a number of the richer citizens appeared in S-ecS^toa t ^ ie m idst of the Common Councillors. As Bristol loan. had anticipated, the declaration of a Parliament carried all before it. The Lord Mayor was invited to write to the City Companies to ask them to lend 2oo,ooo/. on the security of the peers. 2 The news of the success of the application to the City reached York on the 6th, 3 the day on which the Great Council met to take into consideration the Scottish demand. The King had no certain advice to give. He hesi- tate( * between the risk of exasperating the Scots, and the indignity of buying off the vengeance of rebels. Stafford had no such hesitation. "This demand," he said, " hath opened our eyes. Nothing of religion moves in this business." "The Londoners' example," he added, " hath much turned my opinion." Once more he was beginning to think that the Scottish exorbitance would give the King the support that he needed. He was for taking the defensive, and leaving the Scots to do their worst. Some, indeed Lord Herbert of Cherbury, amongst them were equally prepared to proceed to extremities. But the general t feeling of the peers inclined the other way, and on The negotia- the following day the King proposed that the nego- J l emoved e to tiation should be removed to York, apparently with York - the intention of bringing his personal influence to bear upon the Scottish Commissioners. 4 1 Rossingham's News-Letter t Oct. 7, Add. MSS. 11,045, fo1 - I22 - \Vindebank to the King, Sept. 30, Cfar. S. P. ii. 125. 2 The Peers' deputation to the King, Oct. 3. S. P. Dom. cccclxix. 32. * Vane to Wmdebank, Oct. 6, Hardwicke S. P. ii. 103. 4 tfardwicke S. P. ii. 241. 1640 A RUTHLESS PROJECT. 213 The answer of the Scots to the Royal command was a blank refusal to obey it. They had not forgotten how some of their Oct. 8. number had been detained in London when em- Ployed on a similar negotiation. They would not, they said, trust themselves in the midst of an army of which Strafford was the commander. They were empowered to name him * as a chief incendiary.' In the Irish Parliament he had had no better name for them than traitors and rebels, and he was now doing his utmost to bring the negotiation to an end. 1 Doubtless the Scots had received tidings from their friends at York of the speech delivered by Strafford two days before. Strafford They could not know of a proposal fiercer still proposes to which he was that very day penning, to be submitted Scots from * to Radcliffe. His thoughts in these days of trouble Ulster. O f ten j^g p asse< f[ over foe j^sh Channel to that army which, but for the want of money, he would have brought over the sea to join in the attack upon the invaders. He knew, too, that there were in the North of Ireland 40,000 able-bodied Scots, and that if Argyle chose, as had been threatened, to go amongst them he would find an army ready to his hands. In desperation he clutched at the notion of rousing the Irish House of Commons, which had met again at Dublin on the ist, against these intruders upon Irish soil. If the Irish Parliament were to declare for the banishment of these men, the Irish army would be strong enough, armed though the Scotchmen were, to carry its behest into execution. 2 Wisely indeed did Radcliffe give his word against this ter- rible project. It would have filled the North of Ireland with carnage, with the sole result of rousing the indignation of England against the perpetrators of such a crime. The habit of driving straight at his object, undeterred by the miseries which would be wrought in attaining it, had been growing upon Strafford. To crush the Scots was the one object for which he now lived. On the 6th he had proposed to deliver up the populations of Northumberland and Durham to the tender mercies of the invaders. On the 8th he proposed to give over the province of 1 The Scotch Commissioners* answer, Oct. 8, Rushworth^ iii. 1292. 2 Whitaker's Life of Radcliffe, 206. 214 THE TREATY OF RIPON. CH. xcrv. Ulster to blood and flame. It was not for nothing that the Scots had named him as the chief incendiary. Strafford was not to have his way. The refusal of the Scots to come to York was meekly accepted. The negotiation was Oct. 14. renewed at Ripon with the sole object of obtaining a Codification of their demands. At last they agreed to accept for two months a continuance of the 8507. Oct. ai. a c j a y j or about 25,000^. a month, which they were drawing from the two counties, on condition that the first month's payment should be secured to them by the bonds of the leading gentry of the counties, given on assurance that the King would recommend their case to Parliament ; and that the second month's payment should be provided for in a way to be hereafter settled a stipulation which plainly pointed to a par- liamentary engagement. On these terms, a cessation of arms was granted. The two northern counties were to remain in the possession of the invaders till the conclusion of the treaty. As soon as this arrangement was made, Henderson blandly informed the Eng- lish Commissioners that they had the best of the bargain, as it Oct 22 was 6 more ^ esse ^ to g* ve tnan to receive. 7 As the The negotia- day for the meeting of Parliament was now approach- SSuwedw ing, it was arranged that further negotiations should London. k e c^ied on in London, and on the 26th the Com- missioners of the two countries met for the last time at Ripon. 1 The resolution to accept the Scottish demands in their modified form, had probably been influenced by unsatisfactory Oct 26 news from London. The election of the Lord Mayor Last sitting indeed, had ended in a compromise. Neither Acton, at Ripon. w ^ o wag SU pp 0rte( ^ by t ^ e King's Council, nor Soames, the candidate of the popular party, had been chosen. Oct. 28. The choice of the electors had fallen upon Alderman SStedLori Wright the second on the list. But Charles cared Mayor. f ar i ess about the London mayoralty than he did The loan about the London loan, and it must have been a real reduced to so,ooo/. shock to his mind when he. learned that the City companies would only lend him a quarter of the sum for which 1 Treaty of Ripon, 27. 1640 END OF THE GREAT COUNCIL. 215 he had asked* He would have to wait for the rest till Parlia- ment met. 1 Unless, too, the Parliament could supply him with authority .as well as money, the most disastrous consequences might be expected. In London, at least, the order which he had pain- fully laboured to establish was entirely set at nought. On the 22nd the mob dashed into the High Commission Court, as it was preparing to sentence a Separatist, tore down the benches, seized upon the books, and threw the furniture out of the win- dow. Laud, at least, maintained his courage to the last. He called on the Court of Star Chamber to punish the offenders if they did not wish to be called in question by the populace for their sentence on Prynne, Burton, and Bastwiclc But the Court of Star Chamber was no longer responsive to his call. It was thought more prudent to indict some of the rioters before the Lord Mayor and some aldermen sitting on a commission of Oyer and Terminer. The grand jury could not agree to find a true bill against the prisoners, and the proceedings came to nothing. The result of this leniency was a fresh riot on the following Sunday. St. Paul's was invaded by the rabble, and a large quantity of papers, found in an office, were torn in pieces, in the belief that they were the records of the High Commission. 2 On the 28th the Great Council was gathered together for the last time, to advise on the acceptance or rejection of the Oct. 28. compact made at Ripon. Even Strafford did not i^stmeeting ve nture to recommend the latter course now. The of the Great Council. King's assent was therefore given to the arrangement ; but Charles distinctly declared that the payment was a voluntary act on the part of the gentry. He would enforce no man to pay the Scots. The Great Council then broke up. It had not met in vain. , , f ^ It had done the utmost that was possible under Work of the . . -T Great the circumstances. It had obtained breathing time for the nation at the least expense which the hope- lessness of immediate resistance would admit of, By selecting 1 Windebank to the King, Oct. 14, Cfar. S. P. ii. 129. 2 Rossingham's News-Letter, Oct. 27, Nov. 3, Add. JfSS. 11,045, fol. 128, 130. 2i6 THE TREATY OF RIPON. CH. xciv, Bristol as its leader, it had declared equally against the extreme party which would have dragged an unwilling nation into staking its honour and safety upon the chances of a war to be waged by a beaten and undisciplined army, and against an equally extreme party which had looked with favour upon a hostile invasion. More than this, it had saved Charles from himself from that hopeless vacillation which delivered him over as a prey to rash violence on one day, and to unreal submission on the next What chance was there that the influence of Bristol would be maintained in the coming Parliament ? It was not likely that a House of Commons elected in such a time of sus- Dangersof picion and excitement, would be content with any the future, measures which would be easily accepted by the King. It was not likely that the King, accustomed as he was to the exercise of arbitrary power, would accept meekly the restrictions which even moderate men sought to place upon him, Times were coming when such men as Bristol might well despair of the ship of state. He was not likely to secure the mastery over the coming Parliament. Nor was it at all likely that he would secure the mastery over the Kin g- The feelings with which Charles looked ^ orwar( ^ to meeting the assembly which he had been compelled to call into existence, are doubtless admir- ably expressed in the opening pages of that little book which, if it be indeed a forgery, was the work of one possessed of no ordinary skill in the delineation of human character. 1 "I cared not," so runs the passage, "to lessen myself in some things of my wonted prerogative, since I knew I could be 1 To the historian it is a matter of complete indifference whether the Eikon was written by Charles or by Gauden. The argument of Mr. Doble in the Academy, based on a comparison of styles, is the strongest which has yet been put forth in favour of Gauden's claim. What I am concerned to affirm is that Charles's real character and views are portrayed in the book. It is possible, however, that those views had become the common property of the Royalists during the course of the Civil War, and may thus- have found their way into a work which, if it had appeared before 1642,, could not have been written by anyone but Charles himself. 1640 THE COMING PARLIAMENT. 217 no loser if I might gain but a recompense in my subjects' affections. I intended not only to oblige my friends, but mine enemies also, exceeding even the desires of those that were factiously discontented, if they did but pretend to any modest and sober sense. The odium and offences which some men's rigour in Church and State had contracted upon my govern- ment, I resolved to have expiated by such laws and regulations for the future as might not only rectify what was amiss in practice, but supply what was defective in the constitution. I resolved to reform what I should, by free and full advice in Parliament, be convinced of to be amiss, and to grant whatever my reason and conscience told me was fit to be desired." 1 Between Charles's conception of his place in the English nation and the sad reality, there was, indeed, a great gulf. ilike, ch. \, 218 CHAPTER XCV. THE FIRST TWO MONTHS OF THE LONG PARLIAMENT. ON November 3 that famous assembly which was to be known to all time as the Long Parliament met at Westminster. It 1640. wa s impossible that the view of public affairs which NOV. 3 . was taken by the King should satisfy the men who the e ]Sfg now came together from every part of England. They Parliament. were fi rm | v persuaded, not that a few things had gone wrong, bui that everything had gone wrong. The future Cava- Tem rof ^ er ajl ^ t ^ ie ^ uture Roundhead were of one mind in die this. Nor would they be content to submit the em er * choice of the abuses to be abolished to the reason and conscience of the King. They had resolved to measure by their own reason and conscience the remedies which they desired. Charles had by his actions thrust into the foreground the question of sovereignty, and it could never be put out of sight again. Unhappily it was rather to be wished than to be expected that the claim to supremacy which Parliament was justified in Causes of Fating forward, should have been swollen by no un- reasonable demands, and supported on no fictitious allegations. The worst result of Charles's system of government was, that this could not be. He had attempted to rule without understanding his subjects, and the process had not been such as to enable them to understand him. Called upon to interpret a series of actions to which they did not pos- sess the key, they naturally conceived that the explanation was to be found in a more resolute and consistent effort than any 1640 PARLIAMENT AND THE SCOTS. 219 -of which Charles was really capable. They held that all that had taken place was the result of a settled conspiracy to re- place law and liberty by an absolute despotism at home, whilst the political despotism thus brought into existence was to be subjected in turn to the ecclesiastical despotism of the Pope. This, they believed, was the deliberate intention of Laud and -StrafFord, for as yet Charles's name was not mentioned. It was natural enough that it should be so, but it was none the less fatal to any chance, if chance there were, of an understanding with the King. Errors do not any the less produce their evil crop because they are under the circumstances unavoidable. No Parliament had ever met, since the days of Earl Simon y with so great a strength of popular support. Nor had it only strength of to re ^ u P on a vague and unorganised feeling, always the Pariia- hard to translate into combined action. For the first ment in the Scottish time since Parliaments had been, it had behind it an army " armed and disciplined force, possessing more military cohesion than any popular rising could possibly have had. That army, indeed, was, in the eye of the Iaw 3 an army of foreigners encamped on English soil. But for the moment it was regarded by most Englishmen with more sympathy than that other army in the North which was entirely composed of Englishmen. By a strange combination of circumstances, it had become impossible for Charles to defy his Parliament without defying the Scottish army as well. Unless he could pay the 8507. a day, which the Scots had agreed to accept, their army would hold the Treaty of Ripon to be at an end, would cross the Tees, and march southwards. There was no force in existence which could be counted on to stop the invaders anywhere between Yorkshire and Whitehall. It was, therefore, . absolutely necessary for Charles to find money, and he knew perfectly well that if he dissolved Parliament it would be out of his power to collect a single penny. It was not now with Charles, as it had been in 1625, in 1626, in 1629, or even in the spring of 1640. His former quarrels with Parliament had brought to him disordered finances, .and had frustrated his cherished plans. A dissolution now -would bring him face to face with absolute ruin. 220 FIRST MONTHS OF THE PARLIAMENT. CH. xcv.. Plain as this seems to be, it took some little time to drive Charles it home to Charles's understanding. In his opening tET&ouaa s P eech ne asked the Houses to join him in chasing reixi:,. out the rebels, and was surprised to find himself ob- liged to explain away the obnoxious term. 1 The new position of Parliament was emphasized by the choice of a Speaker. Charles had intended to propose the nomination of the Recorder of London, Sir Thomas Lenthair Gardiner, a devoted adherent of the Crown. Con- Speaker. ^^ tQ a y p rece d entj t ^ Q city had refused to send its Recorder to Parliament, and was represented by four stout Puritans. Charles was therefore obliged to look elsewhere. His choice had fallen on William Lenthall, a barrister of some repute in the courts, and likely to be acceptable to the leading members of the Commons. Lenthall was better fitted for the post than Charles could have imagined. He was surpassed by some in the House in knowledge of Parliamentary precedent, but he was the first to realise the position of a Speaker in times of political controversy. He would not, like Finch, in 1629, place himself at the service of the Crown. Neither would he, like Glanville, in the Short Parliament, take an active part in opposition to the Crown. He was content to moderate and control, and to suggest the means of reconciling differences, without attempting to influence the House in its decision. Through his whole career he had, as he said on one famous occasion, neither eyes to see, nor tongue to speak, save as the House was pleased to direct him. No one knew better than Strafford what danger was impend- ing over his own head. He had to bear the burden of all other straffbrd's men's offences as well as of his own. To the mass forebodings. o f E n gii s h men he was the dark-browed apostate, who had forsaken the paths of constitutional usage to establish a despotic and arbitrary power. The Scots, too, loudly pro- claimed him as the enemy of their Church and country, and as the originator of that war which had been as obnoxious to Englishmen as it had been to themselves. Court favourites, 1 The King's Speeches, Rjtshworth, iv. n, 17. STRAFFORD SENT FOR. 221 whose schemes for their own enrichment had been thwarted by his imperious frown, were eager to remove such an obstacle from their path. The Puritans regarded him as their deadliest foe. The City of London had not forgotten how he had threatened its aldermen, and had attempted to ruin trade by the debasement of the coinage. Strafford knew how powerful the City had now become. Even Parliament could not raise subsidies for the payment of the armies without considerable delay, and a further application to the City for a loan was therefore inevitable. Without a loan the Royal army would be compelled to disband, and the Scots, as Strafford expressed it, would be more than ever ' a rod over the King, to force him to do anything the Puritan popular humour had a mind to.' Yet Strafford was not without hope. If only, he thought, the Scottish requirements were known in all their fulness, they would meet with universal resistance. Strafford knew that his place of safety was in Yorkshire, at the head of the army. The belief of his own family was, that intrigues at Hamilton and Vane, anxious to make their peace Court. with the Parliamentary leaders, persuaded the King to send for him. Charles himself was eager to lean on that strong arm, and to consult that brain so fertile in resources. He assured Strafford that, if he came 3 he ' should not suffer in his person, honour, or fortune. 5 The Queen seconded her husband's entreaties by declarations of her protection. With a brave heart, though against his own judgment, the doomed statesman set out from that loved home at Wentworth Wood- house, which he was never to behold again. He knew that his NOV. e. enemies were preparing to charge him with * great Strafford matters out of Ireland.' " I am to-morrow to Lon- sets out for London. don," he wrote, " with more dangers beset, I believe, than ever any man went with out of Yorkshire ; yet my heart is good, and I find nothing cold in me. It is not to be believed how great the malice is, and how intent they are about it. Little less care there is taken to ruin me than to save their own souls." l 1 Strafford to Radcliffe, Nov. 5. Sir G. \Ventworth*s Narrative, Whitaker's Life of Radcliffe, 214, 228. I do not give Whitelocke's state- 222 FIRST MONTHS OF THE PARLIAMENT. CH. xcv_ Strafford was right about the danger from Ireland. The English House of Commons, indeed, cared little for the griev- The Irish ances of the native population. For the grievances complaints. o f fa & Protestant landowners and the English officials they had a more open ear, and these were precisely the classes on which Strafford's hand had weighed most heavily. 1 It was no mere wish to swell the chorus of complaint which sent the Commons to hunt on the other side of St. George's Channel for fresh charges against their enemy. They instinctively felt that Stratford's conduct in Ireland was inseparable from his conduct in England. It was there that he had shown himself in his true colours as the arbitrary and irresponsible ruler ; and ment that the King said that they should not touch a hair of Strafford's head, as "\Yhitelocke is not to be depended on in details. 1 An extract from a letter of Sir John Leeke to his half-brother, Sir E. Verney (Verney MSS.}^ will show something of the temper aroused by the working of one of Strafford's financial expedients, the tobacco monopoly. Leeke's son-in-law, a Captain Hals, had commanded a ship which was bringing home tobacco from Virginia, and had died on the voyage. "When the ship came home," wrote Leeke, " they considered not our losses, but by strong hand locked up our hatches, and after some few days- got lighters and cellared it up ; then fell to weighing. We had 1, 100 rolls and odd ; all merchants, before that day, were allowed 2 Ibs. for every stick's weight ; they enforced us to allow 3 Ibs., by which we lost 1,100 pounds of tobacco. Next we were not allowed an indifferent weigher, but had the King's searcher put upon us, by whose crooked hand, I vow to God, we lost 3,000 pounds weight of tobacco. To conclude, we had no more than 4^ a pound for the tobacco, which did amount unto us in all 3I9/. The tobacco was by them sold at 2s. per pound, and 7 and 8 groats the pound. You may by this guess what they ravished from my poor daughter. Our payment could not be, but at six and six months, but we were not paid the first six months. They alleged our tobacco did not prove well. It was God's judgment if it did not, for the widow and orphan's sake. We had likewise one other parcel for which we have not yet our money. If our great King and brave parliament take this general statement into their consideration, I will lay down more of this to your judgment. This monopoly, or rather hellish plot, hath undone a thousand families here, and undone the island. Captain Hals and his brothers did in those years carry off of the scum and lazy people of this kingdom six or seven hundred men and women. This was a great ease to the kingdom, and kept many from the gallows." 1640 PYM AND HIS ASSOCIATES. 223 it was there that he had forged that instrument of tyranny, the Irish army, which, as they fully believed, was intended to establish a military despotism in England. After some debate it was resolved, on Pym's motion, that a committee of the whole House should take the Irish grievances into con- sideration. It would be a mistake to speak of Pym at this time as the leader of the House in the sense in which he became its leader p _ m , s after some months of stormy conflict. Again and again position in during these early weeks his opinion was questioned, the House. ,, ,. _ - C* and he was not unfrequently out- voted. But he was securely established as the directing influence of a knot of men who constituted the inspiring force of the Parliamentary Opposi- tion. He was trusted by the Earl of Bedford, the wisest and most temperate of the Opposition in the Lords. Hampden, the wisest and most temperate of the Opposition in the Commons, was content to serve under him, and with rare self-abnegation to abstain from taking part, except in circumstances of absolute necessity, in those set debates in which Parliamentary fame is most readily to be won. 1 The fiery Strode, who had held Finch down in his chair ; 2 the unrelenting St John ; Holies, Erie, and Fiennes looked up to him as their guide. Nature and experience had made of Pym a consummate Parliamentary tactician. It had made him more .than this. He was not indeed, as Strafford was, a born reformer. He had not the eagle eye of the idealist, impatient of the habits of his age, and striving to improve the world in his own fashion. His position was purely conservative, and it brought with it the strength and the weakness which conservatism always brings. To him 1 It is remarkable how little can be discovered about Hampden. All that is known is to his credit, but his greatness appears from the impres- sion he created upon others more than from the circumstances of his own life as they have been handed down to us. 3 This identification, which has been much discussed, is put beyond doubt by a passage in D'Ewes's Diary, HarL MSS. clxiii. fol. 385. We there learn that when the case of the prisoners of 1629 was before the House, those of them who were members were ordered to withdraw, and that Strode was one of those who went out. 224 FIRST MONTHS OF THE PARLIAMENT. CH. xcv. Parliament was the most conservative force in existence. It was the guardian of the old religion and of the old law against the new-fangled nostrums of StrafFord and Laud. It was the strength of' his feeling in this matter, combined with the inven- tiveness with which he prepared new bulwarks against attack, which gave him the unrivalled position to which he attained. The members of the Long Parliament were as yet of one mind in their detestation of innovations. They were resolved to do nothing that was new. Their spirit was the spirit which had animated the Parliaments which, in somewhat similar circum- stances, had met to oppose the selfwill of Henry III., and which had justified their demand to control on the ground that they were best able to testify to the laws and customs of their ancestors. Like those Parliaments, too, Pym had the civic temper, the habit of looking for wisdom in the result of common debate, rather than in one supereminent mind. The debate of November 7 was one long outburst of sup- pressed complaint StrafFord had clearly not taken a true measure of the feeling of the country. The general outcry began with the presentation of a petition of - from Hertfordshire by Sir Arthur Capel. Grimston, Rudyerd, and Seymour ran over an almost endless catalogue of grievances. The whole argument was summed up in an anec- dote related by Grimston. A poor man, he said, had applied to the Court of King's Bench to be admitted to bail. Some of the judges hesitated. "Come, brothers," said one of them, "let us bail him; for they begin to say in the town, that the ju&ges have overthrown the law, and the bishops the gospel." More notable, perhaps, was Rudyerd's speech. Rudyerd was one of that class which is usually known as that of moderate Rudyerd's men ^ tnat * s to sav ? f men wno never go to the speech. bottom of any difficulty. Susceptible to all the breezes *of popular feeling, he took all the grievances of the nation to heart without drawing any practical conclusion from the pre- misses which he admitted. "We well know," he now said, "what disturbance hath been brought into the -Church for petty -.trifles ; how the whole Church, the whole kingdom, hath been 1640 A CATALOGUE OF GRIEVANCES. 225 troubled where to place a metaphor, an altar. We have seen ministers, their wives, children, and families undone against law, against conscience, against all bowels of compassion, about not dancing on Sundays. What do those sort of men think will become of themselves, when the Master of the House shall come and find them beating their fellow-servants?" It was impossible to put in a clearer way the objections which all reasonable men now entertain to the system of Laud. The en- forcement of the ceremonies, Rudyerd went on to say, stopped the mouths of diligent preachers. There was something sus- picious in the satisfaction felt by the Jesuits in the recent changes, something dangerous in the new habit of branding vigorous and hearty Protestants as Puritans. It was a reproach to the Government that so many of the King's subjects had been driven to seek refuge across the Atlantic. Rudyerd then proceeded to give voice to another feeling, which was no less general than that against Laud. Grimston had just been going over a long list of oppressive exactions. Rudyerd reminded the House that all this violence had been employed for naught. This apparently all-pervading Govern- ment had been the weakest which had been known for genera- tions. It had produced nothing but national disgrace. Those who talked most loudly of advancing the King's authority had frittered away his revenue and had left him grievously in debt. The remedy proposed by Rudyerd was to remove evil counsellors Rudyerd's fr m the King, and, without seeking any man's ruin suggestion. or ijf ej to e ff e ct a thorough reformation. 1 It would have been far better for England if Rudyerd's well- meant suggestion could have been carried out. Unfortunately Difficulties there was but one condition under which it was prac- in its way. ticable, and that condition did not exist. If Charles could be trusted to break off, once and for ever, from his old life, and to acknowledge, not in word alone, that his face had been persistently turned in the wrong direction from the very beginning of his reign, it might be safe to allow the instruments of the evil system which was to be abolished to pass the rest of 1 Speeches of Grimston and Rudyerd, Ruskworlhi iv. 34, 24. The former is misdated. VOL. IX. Q 226 FIRST MONTHS OF THE PARLIAMENT. CH. xcv. their lives in secure retirement. The knowledge that this could not be made a sharper course necessary. Though for the moment Parliament was strong, its strength would not last for ever. Sooner or later the Scottish army must be paid off, and must recross the Border. Weak as the English army was for the present, it might become strong if anything should occur to turn the tide of popular feeling against the Scots. Above all, that Irish Catholic army beyond the sea was a grim reality, which Pym and his associates never lost sight of as long as it remained in existence. Probably the only true solution of the difficulty was to be found in the abdication or dethronement of the King. It could not be reasonably expected of Charles that he should not e to b? fit himself for the entirely changed conditions which touched ,- ^ t ^ before him, and his presence on the throne could no longer serve any useful purpose either for himself or for his subjects. Such a solution, however, did not come within the range of practical politics. He certainly was not likely to pro- pose it, nor was anyone else likely even to think of it. If he was to be irresponsible, responsibility would fall the heavier on his ministers. They would receive more blame than was their due, because he was to receive less than was his. The cry for their punishment, in order that none might hereafter dare to follow in their steps, would wax the louder when it was perceived that only by their punishment, perhaps only by their death, could their permanent exclusion from office be made absolutely certain. Some thought of this kind, not reasoned out, but instinctively arising in their minds, was probably present to the Parliamentary leaders when, at a preliminary meeting, they drew up the list of proscription. It was decided that Stafford, Laud, Hamilton, but certain and Cotthigton, together with some of the judges l ministers to and Q the bishopSj should be called tQ account NQ peached. douDt i n so doing the Parliamentary leaders assumed that there had been a more deliberate intention to overturn the constitution of the country than had really existed. 1 I here begin to follow the recovered fragment of Manchester's Memoirs. See page 211. The most important passages have been already printed by Mr. Sanford, though he was not aware of their authorship. 1640 THE QUEERS IXTRIGUES. 227 If it is necessary to make some allowance for the ignorance of the House of Commons in everything that related to the political designs of the King's ministers, it is still more neces- sary to make allowance for their ignorance in everything that related to the ecclesiastical designs of the same men. The ^ notion that Laud and Strafford had been conspiring catholic with Con and Rossetti to lay England at the feet of p ot ' " the Pope is so entirely in contradiction with the facts of the case that a modern reader is tempted at once to treat the charge as a fiction deliberately invented to serve the ends of a political party. To give way to this temptation would be to commit the greatest injustice. The conviction was shared not merely by Pym and Hampden, who afterwards opposed the King, but by Falkland and Capel, who afterwards supported him, and its existence as a conscientious belief can alone explain the wide-spread vehemence of anger which it produced. Against the Catholics themselves as a body, the general distrust exceeded all reasonable bounds. It was thought that a number of per- sons, who in reality wished for nothing better than to be let alone, had combined to plan the extirpation of Protestantism in England, and to risk that welcome calm into which they had so lately entered, in some fresh Gunpowder Plot for the elevation of iheir Church upon the ruins of the English State and nation. Yet, even here, the general suspicion was not without foundation. What was not true of the general body of Catholics the e centre Q of was true of a few intriguers who had gained the intrigue. ^^ ^ t ^ e Queen, and who made her apartments at Whitehall the centre from which radiated the wildest schemes for setting at defiance the resolute will of the English people. Thence had come those insensate projects, in which an English bishop and an English Secretary of State had shared, for amal- gamating the Church of England with the Church of Rome. Thence had come those still more insensate invitations to the Pope to lend aid in men and money to bolster up the preten- sions of an English sovereign to rule his people in defiance of their wishes. Thence came every petty and low contrivance for setting at naught the strength of the Sampson who had arisen in his might, by binding him with the green withs of Q2 228 FIRST MONTHS OF THE PARLIAMENT. CH. xcv, feminine allurements. Never has evil council more speedily avenged itself upon its authors than when the statecraft of James and Buckingham and Charles brought a Catholic princess to.be the bride of a Protestant king. To condemn Henrietta Maria is impossible. ' Nothing in her birth or education had taught her to comprehend the greatness of the cause which she was opposing. She had nothing of statesmanship in her, nothing of the stern and relentless will which is indispens- able to the successful conspirator. All she wanted was to live the life of a gay butterfly passing lightly from flower to flower. Such a life, she found, was no longer for her. Her pleasures were to be cut short, her friends driven from her and thrust into danger. It was all so incomprehensible to her, that she was roused to mischievous activity by the extremity of her annoy- ance. If the fulness of the Queen's activity was not known, at least it was suspected. The favour shown to Catholics at Court, General th e appointment of many of them to command in a e gaiSftthe ^ e Northern army, the familiarity which had arisen Catholics, between Charles and the Papal agents, combined to bewilder the mind of English Protestants, and facts occasionally occurred which seemed to give warrant to the wildest suspicions. It was likely enough that Catholic gentlemen in the midst of the universal excitement would be found to have collected arms in their houses instead of trusting themselves to the mercy of their Protestant neighbours. It was likely enough that, in view of the impending danger which they foresaw, some Catholics, less wise than the rest, should mutter some foolish threats. Such words would be certain to become more violent in the mouth of rumour. In September an apostate priest had sought to gain the favour of Charles by trumping up a story of a great Jesuit plot to murder him and Laud, and it was likely that the same man would be ready to trump up stories equally unfounded to please the King's opponents. 1 The belief in the existence of a plot for the violent suppres- sion of Protestantism is, therefore, only too easily to be explained. 1 The correspondence is printed in Rushworth, iii. 1310, Was the informant the John Brown who had another long story to tell the Com- mons in the following April ? 1640 PYM AXD STRAFFORD, 229 There can be no doubt that Pyrn was fully convinced of It. It is but a shallow criticism which conceives of Pym as a man raised above his fellows, and using their weaknesses for the purposes of his own ambition. It is perhaps more a matter of surprise that he can have supposed that Straffbrd could have had any connection with such a design. But it must be remembered that.the Strafibrd of Pyrn "s knowledge was not the Stratford who now stands revealed the high-minded, master- ful statesman, erring gravely through defect of temper and knowledge. He saw but the base apostate, who, from love of pelf and power, had betrayed the sacred cause of English liberty. No error is so utterly misleading as partial truth, and a docu- ment which appeared to point to the worst possible interpre- tation of Strafford's motives, had unexpectedly found its way into Pym's hands. In the autumn the younger Vane, who had recent^ been knighted, had occasion to inspect some legal documents, in view of his approaching marriage. In order to obtain them he borrowed his father's keys, and in the course of his search he opened the door of the room in which the Se- cretary kept his official papers. He there found his \anesnotes. J r * r ^ , . t T , father's notes taken at the committee which had met immediately after the dissolution of the Short Parliament, took a copy of them, and carried it to Pym, Pym made a second copy for his own use. The original paper was burnt by the King's command before the meeting of Parliament 1 To Pym it was enough to know that Strafford had advised the King to act ' loose and absolved from all rules of govern- Their effect merit, 1 and that he had reminded him of his army in upon Pym. Ireland as being ready ' to reduce this kingdom.' It was at once clear to Pym, if it had not been clear before, that the Lord Lieutenant was the head of a conspiracy to overthrow, if necessary by force, the fundamental laws of England, or, as we should now express it, the constitution of the country. If Pym bore hardly on Strafford as a man, he could not 1 D'Ewes's Diary, Harl. JlfSS. clxiv. fol. 162 b. The greater part of this was printed by Mr. Sanford ; but he appears to have been unable to decipher the whole of the passage. He omitted the part about the burning of the original notes. See page 129. 230 FIRST MONTHS OF THE PARLIAMENT. CH. xcv. bear too hardly on the system of government which Stratford had supported. That system had undeniably been calculated to establish an arbitrary power which was not merely unknown to the laws of England, but which would, for a time at least, have checked the development of the nation in the direction of self-government. When Pym rose, it was not to repeat once more the catalogue of grievances which had poured forth from Pym > s the lips of others. " The distempers of the time," speech. ^ e g^ " are well known. They need not repetition, for, though we have good laws, yet they want their execution, or if they are executed, it is in the wrong sense." The whole political contention of the Long Parliament at its commence- ment lay in these words. ' Parliament, as Pym understood it, was not merely called together to propose laws and to vote subsidies. It had to see that the laws were executed in accordance with the interpretation put upon them by the nation at large, and not merely in accordance with the interpretation put upon them by the King and the judges. It was incon- ceivable to him that anyone should honestly think otherwise. ' There was a design, 3 he said, 'to alter law and religion.' Those who formed it were * papists who are obliged by a maxim in their doctrine, that they are not only bound to maintain their religion, but to extirpate all others.' Pym followed this by evidence culled from the high-handed dealing of judges and councillors during the past eleven years. He especially referred to the proposal to bring in foreign soldiers to support the King in 1639 and 1640. He also referred to the widely entertained suspicion that some mystery lay concealed in the visit of that Spanish fleet which had been destroyed in the Downs. In a few brief words he pointed the moral. There was ' the Irish army to bring us to order. We are not fully conquered.' In the end, he moved for a committee to inquire into the danger in which the King and kingdom was. In the afternoon of the same day the Irish Committee met. A petition from Mountnorris was read, with startling effect " If The Irish w e consider divers points of this petition," said Pym, committee. a man wou id t h m k we lived rather in Turkey than in Christendom. Sir John Clotworthy, one of the Ulster settlers, 1640 STRAFFORD TAKES THE AGGRESSIVE. 231 who had obtained a seat in the English Parliament, unfolded a NOV. 10. miserable tale of grievances. A sub-committee was * appointed to examine these points. There was no attempt to veil its inquiry in secrecy ; Sir William Pennyman, Stafford's close friend, was named as one of its members. Pym was evidently in no hurry. The sub-committee on Irish affairs was not to hold its first sitting till the i2th, and NO intention his own committee on English grievances would take sftSffbS a? l n g to accomplish its task. He probably intended once - that the impeachment of Strafford, which he evi- dently meditated, should be preceded by a long and exhaustive investigation, like that which had preceded Buckingham's im- peachment in 1626.* This intention, if it was really formed, Strafford Wts ^ rustrate< ^ by an unexpected occurrence. On the advises the evening of the 9th Strafford had arrived in London. 2 accus^the His advice to the King next day was to take the a^i^ers" daring course of anticipating the blow, by accusing the Parliamentary leaders of treasonable relations with the Scots. 3 There was no time to be lost The day * My authority for the first days of the session is the Journals eluci- dated by Manchester's Memoirs* and the so-called D'Ewes's Diary. D'Ewes had not yet arrived in town, and this part of the MS. was fur- nished by Bodvile, the member for Anglesea. - Baillie, i. 272. 3 The statement of Stratford's intention to accuse his opponents given by Rushworth (Stafford's 7*rial 9 2) is placed out of doubt by a passage in Laud's History of the Troubles : " It is thought, and upon good grounds, that the Earl of Strafford had got knowledge of the treason of some men, and that he was preparing to accuse them " { Works, iii. 295). The im- prisonment by Strafford of Henry Darley, the carrier of Savile's letters, points in the same direction. Manchester's account (A fid. JlfSS. 15,567) is as follows : " He therefore repairs to London, and makes his address to Court, where he is received by the King with great expressions of favour and renewed assurances of protection ; but within a few days after his arrival at Court, his greatness appeared so to the lessening of others, as it raised continuances of malice and envy, not to be laid aside till they were put into a way of effecting his designed ruin. Therefore, intimation was given to some of the House of Commons that the Earl of Strafford intended to prefer an accusation of high treason against divers members of 232 FIRST MONTHS OF THE PARLIAMENT. CH. xcv. before, Charles had announced his intention of expelling the recusants from London, and of withdrawing the Tower from the custody of the garrison which had been placed in it by Cot- tington. The nth was fixed on for the King's visit Proposed ... ,.,..- *? . review at the to review these men before their dismissal, and it can hardly have been an unintentional coincidence that the same day was chosen by Strafford a that on which he was to bring his charge against the members of the Houses. The King would be ready with an armed force, to guard the pri- soners when they arrived Strafford doubtless believed that the result would be not merely to strike down those whom he regarded as traitors, but Stafford's to regain for the Crown that popularity which it had plans. i ost> jj e cou i(i no t think that the English nation would be long content to be led by men who had intrigued to bring a Scottish army upon English soil, just as Pym could not think that it would be content to be led by a man who had proposed to bring an Irish army upon English soil. If men were influenced more by the existing law than by their fears and passions, Strafford might have gained his cause. Accord- ing to the letter of that law it was treason to bring in a foreign army against the King, whilst it was not treason to bring in a foreign army to support the King. Scotland, too, was a foreign country in a sense in which Ireland was not. The element which Strafford had left out of his calculations was that the mass of Englishmen wished the King to be resisted and not to be supported. It was this which paralysed his action. Few,- indeed, even at Charles's Court shared his hopes and fears. Treachery and irresolution hampered his feet at every step. The secret No sooner had his resolve been formed, than some betrayed. O f t ^ ose to w hom the secret had been entrusted, betrayed it to the Parliamentary leaders. On the morning of the nth Strafford took his seat in the House of Lords. The moment when his accusation against his enemies should have been brought, if it was to be brought both Houses of Parliament. Whether this information were real or feigned is uncertain, yet it wrought the effect designed to hasten their intended im- peachment of high treason against him." 1640 THE COMMONS ALARMED. 233 at all, was allowed to slip by. It is no explanation to say that NOV. ii. ^ e Lords were engaged in other business. 1 In such Strafford a case as this, the business before the House could have been interrupted, and at all events there would have been time to speak after its conclusion. The only reason- able supposition is that, when the moment for execution came, Charles drew back, as he had so often drawn back before. After a short visit Strafford left the House without uttering a word. The Commons were already in a state of violent agitation. Few, indeed, amongst the members had the slightest suspicion Excitement * tne ^ ow wn ^ c ^ had been contemplated ; but the in the review at the Tower was no secret. Cradock, one of Commons. -, -, , the members for the City, rose to describe the military arrangements. Strafford, he added, had been heard to boast that in a short time the City would be brought into subjection. At such times vague rumours acquire a strange significance. 'A solicitor in the Bishop's Court 7 was reported to have said that ' he heard that the City should shortly be about the citizens' ears.' The explanation given by Roe, that the King had merely gone to hold a review, was received with general incredulity. Then followed the inevitable reference to the great Popish plot. Rigby, the Puritan member for Wigan, declared that a letter had been discovered, in which the Catholics were required to fast in support of the Queen's pious intentions. 1 In reality these intentions had referred merely to the Queen's desire that her husband might return safely from the war against the Scots. The Commons would be certain to interpret them as referring The doors to a P^ ot against themselves. After a short further con- locked. versation, Pym saw that his time was come. He rose and moved that the doors should be locked. 2 He then called on 1 Mr. Sanford suggested that Strafford was to have taken advantage of the report to be made by the Commissioners for the Treaty of Ripun to bring forward the subject (Studies of the Gnat Rebellion, 310). But Strafford was not a Commissioner. Besides the report was to be made at 3 P.M., whereas the King's review at the Tower was in the morning. 2 The Journals (ii. 26) place the locking of the doors after the reading of Rigby's letter. Our only knowledge of the debate comes from Bodvile's 234 FIRST MONTHS OF THE PARLIAMENT, CH. xcv. Clotworthy to repeat a story which he had heard from Sir Robert King, the muster-master in Ireland. It was to the effect that Sir R a little before the dissolution of the Short Parliament kings story. Radcliffe had said to him, "We know how to please the Scots at an hour's warning, and then when our armies are together, the King deserves no good counsellors if he will not have what he pleaseth in England." l Such words reported as coming from Straffbrd's most confidential friend must have raised to certainty the suspicions universally entertained by the members of the House. The debate, however, committee wandered off into talk about the activity of the re- appomted. cusan t Sj anc j at i ast a se i ec t committee was named to prepare matter for a conference, e and the charge against the Earl of Strafford.' 2 The committee thus named had in a few minutes to draw - . up the accusation which was originally intended to be Its report * .... , against the result of an inquiry extending over many weeks. Stafford, _. 1r . ^ J - 6 . , . It is, therefore, no matter of surprise that it was somewhat rambling and inconclusive. The committee acknow- ledged that it was not yet in a position to send up such a charge as they expected ultimately to be able to prepare. Neverthe- less it recommended that no time should be lost. For the pre- sent it would be enough to instance * my Lord Mountnorris's cause, and papists suffered in England to increase in arms.' 3 Falkland's With characteristic love of fairness Falkland asked objection. whether it would not be better to discover the whole truth before bringing the accusation. Pym, if he could not dis- close all that he knew, had at least a sufficient answer ready. They could not afford, he said, to give time to Strafford. If he were allowed to remain at large, he would urge the Diary prefixed to D'Ewes. It seems to have been written out by some one who had no personal knowledge of the debate. Rigby appears as 'Digby.' Bodvile had none of D'Ewes's minute accuracy, and he omits all mention of the locking of the doors. 1 It is not the case, as has been erroneously stated, that these words were known to the members of the Short Parliament. 2 C. J. ii. 26. 8 Bodvile speaks of this report as if it had already been sent up to the Lords. It is clear from the Journals that this was not the case. 1640 STR AFFORD AV CUSTODY. 235 King to dissolve Parliament, or would take some other desperate course. 1 Pym knew, what Falkland did not know, that the ordinary forms of judicial procedure were insufficient to meet the case of a minister who, armed with the authority of the Crown, was ready to have recourse to force. The House agreed with Pym. He was directed to cany up the impeachment without delay. He was further to de- Strafford's mand that Strafford, being charged with high treason, ^ P n e t ach " should at once be sequestered from the House of ordered. Lords, and committed to prison. In a few days the Commons would make known the grounds of their accusation. Followed by a crowd of approving members, Pym carried Pym im- U P tne message. Whilst the Lords were still debating peaches him. on this unusual request for imprisonment before the charge had been set forth, the news of the impeachment was Stafford carried to Stratford. " I will go," he proudly said, comes to the an i oo k my accusers in the face." "With haughtv House of J r '" Lords. mien he strode up the floor of the House to his place of honour. There were those amongst the peers \vho had no wish to allow him to speak, lest he should accuse them of complicity with the Scots. The Lords, as a body, felt even more personally aggrieved by his method of government than the Commons. Shouts of 'Withdraw! withdraw!' rose from every side. As soon as he was gone an order was passed Committed sequestering the Lord Lieutenant from his place in to custody. t j ie House and committing him to the custody of the Gentleman Usher. He was then called in and bidden to kneel whilst the order was read He asked permission to speak, but his request was sternly refused. Maxwell, the Usher of the Black Rod, took from him his sword, and con- ducted him out of the House. The crowd outside gazed pitilessly on the fallen minister, 'no man capping to him, before whom that morning the greatest in England would have stood dis-covered/ " What is the matter ? " they asked. " A 1 I venture to take this from Clarendon (I. 243). He wrote from memory, and his general narrative is inextricably confused. I think, how- ever, he may be supposed to have remembered a scene like this s which is characteristic of both the actors. 236 FIAS T MONTHS OF THE PARLIAMENT. CH. xcv. small matter, I warrant you," replied Strafford with forced levity. " Yes, indeed," answered a bystander, "high treason is a small matter," l Though, with Strafford in custody, no sudden blow was any longer to be feared, the knowledge that it had been contem- . plated raised an additional barrier between the Kinsj Effect ot A Stafford's and those who were, in the secret. The impeach- esign. merit of Strafford was more than an attempt to bring a criminal to justice. It was an act of self-preservation. The Commons had now time to turn their attention to other Nov ^ matters. Sir George Radcliffe was sent for from Hadciiffe" Ireland to answer to the charge brought against him sent or. ^y Qotworthy a proceeding which was afterwards complained of by Strafiford's supporters as stopping his mouth if he should be called on to give evidence in his friend's favour. Prisoners More satisfactory were the orders issued for the set at liberty, liberation of Prynne, Bastwick, Burton, Leighton, and Lilburne, to give them an opportunity of bringing their complaints before the House of Commons. More pressing even than the removal of the grievances of these injured men was the necessity of raising money. The Necessity of 5 oo ^ which had been advanced by the City was raising now exhausted. The two armies in the North must money. . . in some way or another be paid, and already an ominous suggestion had fallen from Pym that the loss suffered by the country might be made good out of the estates of those who had been the authors of the mischief. 2 As yet, however, the House turned away from the easy road of confiscation, and resolved that ioo,ooo/. should be raised for the payment of the armies. Yet there was no way by which this supply NOV 16 cou ld De hastened sufficiently to provide for the ne- Thecity" cessities of the hour, and it was resolved to apply moL^yln to the City for a loan. The City, it appeared, was conditions. reac jy to i en( j 25}000 /. on condition that the London- derry lands should be restored, and that the garrison imposed 1 L. J. iv. 88. Baillie, i. 272. Manchester's Memoirs, Add. MSS. 15,567, fol. 32- 2 Bodvile's Diary, HarL MSB. clxii. foL 5 b. 1640 VAGUE SUSPIC70.VS. 237 by the King should be actually removed from the Tower, and the ordnance dismounted from its walls. Unless this were cone, said Cradock, * such jealousies would possess the City, it would hinder supply. 3 1 The City was not alone in its suspicions. The knowledge of the blow contemplated by Stafford had overthrown for the Alleged ^ me a ^l feeling of the difference between reality Popish plot. an( j exaggeration. A woman asserted that a certain O'Connor, an Irish priest, had told her that e many thousands were in pay to be ready to cut all Protestants" throats/ and to begin by killing the King : and this nonsense was thought worthy of serious consideration by both Houses. 2 The iyth was devoted to a public fast. Dr. Burgess, who preached before the Commons in the morning, took for his NOV. 17. text the words of the prophet Jeremiah, which warned The fast. t ^ e c h ose n people to join themselves to the Lord in an everlasting covenant, and significantly reminded his hearers that the deliverance of Israel from Babylon was achieved by the victory of an army from the North. Unwonted utterances were heard from the London pulpits. Men who had long been silenced, called out for the overthrow of Episcopacy and the Prayer Book, and for the introduction of the Scottish Covenant. Eager partisans proposed to draw up a petition for the abolition of bishops. More prudent observers recommended a short delay, till Laud and Strafford had been disposed of. 3 Already the Commons had given evidence of their inclination to thrust aside the new ceremonial. They had arranged to receive the Communion on the 22nd, as a test to exclude any Catholics who might have been elected. They applied to Williams, who had Liberation recently been liberated at the demand of the Peers, of Williams. an ^ w ^ ^ ag a g a j n act i n g as Dean of Westminster, munion- to give permission for the removal of the communion- Margamt table at St. Margaret's to the middle of the church, at the time of the administration of the Communion. Williams 1 Bodvile's Diary, fol. 7. 2 Ibid. fol. 6. L. y. iv. 89. The feeling of the Lords should be noted as showing that they who were not under Pym ? s influence shared the same apprehension. * BailhCj i. 274. 238 FffiST MONTHS OF THE PARLIAMENT. CH. xcv. not only gave his consent, but expressed his readiness to do as much for every parish in his diocese. 1 In the meanwhile Charles was looking on passively whilst Strafford's impeachment was being prepared. Hamilton, anxi- ous to curry favour with the Commons, assured him tlnat ^ was *" or t ^ ie k est - After receiving a remon- strance f rom tne fri sn Parliament, which was now proceed. entirely in the hands of Strafford's enemies, Charles acknowledged that the Lord Lieutenant might possibly have committed some actions which called for investigation. 2 He was far from acknowledging how completely the reins of govern- Nov j ment had passed out of his own hands ; and when The Scottish the Scottish and English commissioners met at West- negotiation. m j nster to complete the negotiation which had been interrupted at Ripon he fully expected to take part personally in their discussions. Much to his surprise he found that the com- missioners of both nations were of one mind in objecting to his presence, and he was therefore compelled to give way. The negotiation was nominally carried on between himself and the Scots. In reality it was carried on by the Scots with the English Parliament. 3 The House of Commons was busy with many matters. Every member who spoke had some particular grievance to Want of recount, and some particular remedy to demand. i ? n^he isati n There was no party organisation and no recognised Commons, leadership. It was hard to fix the attention of the House even to the most necessary subject, and a debate once begun was apt to wander away in all sorts of directions. At NOV. 9. one time the question of the monopolies appeared to th^monopo- ^ e COIXU ' n & ^ nto the foreground. It was ordered that lies. all monopolists should be excluded from sitting in the House, though complaints were afterwards made that some escaped through favour. These men,' said Culpepper, ' like the frogs of Egypt, have gotten possession of our dwellings, and we have scarce a room free from them. They sup in our cup, they dip in our dish, they sit by our fire ; we find them in the 1 C. ?. U. 32. 2 Baillie, i. 273. 8 Notes by Sir J. Borough, Harl. MSS. cccclvii. foL 3. 1640 THE MONOPOLIES. 239 dye-vat, wash-bowl, and powdering-tub ; they share with the butler in his box, they have marked and sealed us from head to foot . . . They have a vizard to hide the brand made by that good law in the last Parliament of King James ; they shelter themselves under the name of a Corporation ; they make bye-laws which serve their turns to squeeze us and fill their purses.' l At another time the ecclesiastical complaints had the precedence. The provision of money, however, would admit of no delay. On the 2ist Alderman Pennington, a cousin of the sailor, and a Puritan member for the City, announced NOV 21 ^ at kk constituents had subscribed 2i,oco/. to the The city " loan. It was suggested that the members of the loan. House might be willing to offer their personal security members' f r definite sums. Member after member rose to loan. gi ve hi s bond for i,ooo/. In a short time facility for borrowing 9o,ooo/. was thus obtained. 2 On the 23rd the House met under circumstances of some excitement. The prospect of renewed persecution had stirred the indignation of the Catholics, and that indignation Attempted was likely to find a vent in passionate action. A SftTiisSS" justice of the peace named Heywood had possession, of the peace. as j us ti ce of the peace, of a list of recusants marked out for removal from the neighbourhood of the Court and of the Houses. As he was stepping across Westminster Hall with the list in his hand, a man named James rushed at him and stabbed him with a knife. The wound was not serious, and Alarm of the there is strong reason to believe that the assailant House. was a lunatic. 3 Yet the event carried conviction to the minds of the members that the great Popish plot of which they had heard so much was indeed a reality. Pennington rose to offer a guard of three hundred citizens. Pym thought 1 Ruskworth, iv. 33. C. J. ii. 24. - D'Ewes's Diary, Earl. MSS. clxii. fol. 13. D'Ewes's own diary begins on Nov. 19. 3 On Nov. 7 a committee was ordered * to take into consideration bis lunacy 3 (C. J. ii 37). Rudyerd stated tbat his brother bad been mad, and tbat be himself had often been out of his mind (Sir J. Northcotfs ii). 240 FIRST MONTHS OF THE PARLIAMENT. CH. xcv. that the best means of meeting the evil was to put in execution the penal laws. Sir Thomas Jermyn sensibly argued that a guard at the doors of the House would only protect the members when they were all in one place and well able to protect them- selves. Holies replied that every man must take care of him- self when he was alone, but that the real danger was e a general assassination.' The feeling of the House was for the acceptance of Pennington's offer. Common sense prevailed in the end, and the idea was abandoned. James, however, was not to be allowed to escape. A committee appointed to consider his case, recom- mended that a Bill should be prepared enacting that f this fact of his ; should be held to be felony. 1 Multifarious as the business of the House was, the prepara- tion of the evidence against Stafford occupied the greater part NOV. 24 . of the attent i n f i ts most important members. Of The evi- ' the committee appointed for this purpose, Pym was fga" s t the leading spirit. He obtained from the Lords an strafford. or er authorising the examination of Privy Coun- cillors upon oath, in order to enable him to substantiate the charges which he intended to found on the notes taken by Vane. 2 The preliminary charge as yet it had not assumed its final shape consisted of seven articles. The gist of them all lay in Thepre- tne first. The.Commons were asked to declare 'that cSSS 7 Thomas, Earl of Strafford, hath traitorously en- against him. deavoured to subvert the fundamental laws and government of the realms of England and Ireland, and instead thereof to introduce an arbitrary and tyrannical government against law, which he hath declared by traitorous words, counsels, and actions, and by giving his Majesty advice by force of arms to compel his loyal subjects to submit thereunto/ He had, it was added, been as greedy as he had been tyrannical. He had converted to his own use large sums belonging to the King at a time when the army was unpaid. He had given encouragement to Papists with the object of gaining their support to his evil designs. He had maliciously stirred up 1 C. 7. ii. 37. * Z. ?. iv. 95, 96. 1640 THE CHARGES AGAIXST ^T/tAFFOAV:*. 241 enmity between England and Scotland, and had designedly betrayed Conway to his destruction at Xewburn. in order to make the quarrel between the t\vo nations irreconcilable. Finally, with a view to self-preservation, he had laboured to subvert the rights of Parliaments, and the ancient course of parliamentary proceedings.' 1 On these grounds Strafiford was to be impeached as a traitor. We cannot wonder that so it was to be. If no candid invesd- gator of Stafford's actions can for a. moment admit Grounds of the impeach- that he was capable of stirring up strife Irom motives ment " of personal ambition, there can be no doubt that, on every point, Pym had some evidence upon which, in his igno- rance of the true key to his great opponent's character, he might be justified in arriving at the conclusions to which he came. 2 These charges were at once adopted by the Commons. On the 25th they were carried up to the Lords, and Stiafford was im- NOV. 25. mediately committed to the Tower. In all that was Th^ charges done, the prisoner saw nothing but a fresh revelation to the Lords, of the malice of his enemies. He at least was not likely to recognise his own lineaments in this distorting mirror. Dec. 13. " As to myself," he wrote, not long afterwards to his Stratford's w jf e "albeit all be done against me that art and letter to his .' . . . wife. malice can devise, . . yet I am in great inward quietness, and a strong belief God will deliver me out of all these troubles. The more I look into my case, the more hope I have, and sure if there be any honour and justice left, my life will not be in danger \ and for anything else, time I trust; will salve any other hurt which can be done me. Therefore hold up your heart, look to the children and your house, let me have your prayers, and at last, by God's good pleasure, we shall have our deliverance, when we may as little look for it as we did for this blow of misfortune, which I trust will make us better to God and man." 3 1 L. J. iv. 97. 2 For Pym's speech see Northcote's Diaiy, where Lord T. is Thomond, not Dillon, as suggested by the editor. In the Somers Tracts^ iv. 209, is to be found a brief abstract of this speech, though the name of the speaker is not given. 3 Strafford to Lady Strafiford, Dec. 13, Biog. Brit* vi. 4182. VOL. IX. R 242 FIRST MONTH'S OF THE PARLIAMENT. CH. xcv. It would still be long before the trial could begin. There were witnesses to be brought from Ireland, evidence to be The trial mustered and tested, managers to be chosen and in- deiayed. structed. All this had to be done in the intervals of" the most pressing business. The Scottish claims admitted no delay. The commissioners of the two nations, meeting without NOV. 23. the presence of the King, had easily found a formula The negotia- by which Charles was to bind himself to accept those tion with the J . ,.,,., . - 7 Scots. aws against which he had struggled so persistently. This had been followed by a demand which was far ec * 3 " more galling than the mere abandonment of power. Charles was asked to send the incendiaries, as his advisers during the late troubles were called, for trial before the hostile tribunal of the Scottish Parliament Naturally he struggled hard against the proposal that he should deliver up to the vengeance of their adversaries men whose fault was that they had served him too faithfully. He replied that his - Dec " "' courts were open to every complainant. The promise required of him that he would not intervene to pardon offenders he could not be induced to give. 1 The English Parliament was ready to support the Scots. Money had been got together and sent to relieve the two armies , Money sent in the North. On December 10 it was voted that, to the North. j ns tead of ioo,ooo/., as had been originally proposed,, Dec 10 two subsidies, equivalent to about i4o,ooo/., should TWO sub- be granted. 2 The Puritan tide had been rising steadily. On November 28 Prynne and Burton NOV. 28. entered London in triumph. At least a hundred Prynne and coaches, a thousand horsemen, and a countless crowd, on foot followed them in procession. On December 4 . Their cases Bastwick returned amidst the applauses of a no less to be exa- numerous throng. Their cases, together with those mined. ,. T . , T . ., ? , i t of Lilburne and Leighton, were ordered to be taken into consideration. In London, at least, public feeling was- 1 The Scottish Commissioners in London to the Committee at New- castle, Adv. Libr. Edin. 33, 4, 6. Notes by Sir J. Borough, HarL MSS. cccclvii. fol. 10-27. Riishworth, iv. 366. Baillie^ i. 279. 2 c. y. n. 49- 1640 FLIGHT OF WIXDEBAXK. 243 running strongly in the direction of Presbyterianism. Even the scheme of the Separatists was not without sup- Growth of I,,, -. - Presbyter- port amongst the small tradesmen and artisans ; but lanism. ^ ^ f ace Q ^ common enemy all divisions of opinion were for the present waived. It was said that when bishops were removed, and the ceremonies abolished, it would be easy to agree on the plan of the new house to be erected on the ruins of the old one. 1 As yet the work of destruction was in full swing. The conviction that the Catholics had been treated with undue Nov. 30. favour at Court, was continually receiving fresh ^gaiSstthe su PP ort > and the >' ^ vere likel >* to pay a heavy penalty Catholics, for their entanglement in political strife. Orders were given to weed out the Catholic officers from the north- Dec T ern army. 2 A sharp report from Glyn pointed out Giyn's that for some time priests and Jesuits had been report. almost entirely untouched by the recusancy laws. During the last seven or eight years no less than seventy-four letters of grace had been issued in their favour. Most of these had been signed by Windebank. On this report the Dec " 3 " House took sharp action. It directed the justices Dec of the peace in and around the capital, to proceed Windebank against recusants according to law, notwithstanding sent for. ^^ inhibition. Windebank was sent for, that he might give account of his interference. 3 Windebank had but obeyed the orders given to him, however cheerfully he may have carried out his instructions. He was not the man to face his enemies as Stafford had faced them. It may be that the secret of the request which he had made to Rossetti for Papal troops and Papal gold to be employed against his countrymen, weighed heavily on his mind. He kept out of the way as long as it was possible to Dec 10 concea l himself, and when concealment was no longer winde- possible, he fled beyond the sea, with the King's con- bank's flight. n j vance> jj e arrived i n France bearing letters of introduction written by the Queen herself. 4 1 Baillie, i. 275. - C. ?. ii. 40. s C. y. ii. 44. 4 Ruskworth) iv. 91. Giustinian to the Doge, Dec. - 1 , Yen. Treat- scripts, R* O. 244 FIRST MONTHS OF THE PARLIAMENT. CH. xcv. The treatment which the Catholics were receiving at the hands of the Parliament had roused the Queen to a heat of indig- Oueen's nat * on w ^ c ^- made her capable of any folly. Before irritation. the end of November, in spite of her rebuff in the She applies preceding spring, she had renewed her application So?eT f r to Cardinal Barberini for money. She informed him that i25,ooo/. might be usefully spent in bribes to the Parlia- mentary leaders to induce them to deal more gently with the Catholics. 1 Her temper was not softened when, a week or two after the proposal was made, she herself received a warning that she would do well to dismiss her Catholic servants. She replied proudly that she would rather dismiss the Protestants, and fill their places with persons of her own religion. Yet so powerless did she feel in the early part of December, that she recommended Rossetti to leave England, on the ground that it was no longer possible to protect him. In these days of weakness, when the Queen and her hus- band were alike feeling the bitterness of obedience where they The Dutch had been accustomed to command, the idea of the alliance. Dutch marriage rose before their minds as a means of escape from their difficulties. On December 10, the very day of Windebank's flight, Charles announced to the Privy Council that he had given his consent to a marriage between Prince William of Orange and his second daughter, though well-informed observers were aware that if a fresh application were made for the hand of the Princess Mary it would not now be refused. Yet even those who prided themselves on their knowledge of the King's intentions, did not know all his secret. In reality Charles was looking for help of a very substantial Proposed kind from the father of the bridegroom. He believed Dutch inter- that Frederick Henry might be induced to mediate between himself and the English Parliament, and he had little doubt that the result of that mediation would be entirely in his own favour. It cannot be said certainly whether he already contemplated the landing of Dutch troops in England to support him against his own subjects. Frederick 1 Baxberini to Rossetti, Jan. 1?, . O. Transcripts. SU] 1640 SHIP-MOXEY ATTACKED. 245 Henry, as his subsequent conduct shews, was capable of attempting to re-enact the sorry part which had been played by St. Louis at Amiens, but it may be that Charles would for the present be content with merely moral support. He at once took a higher tone than he had done since the meeting of Par- liament. He would not allow the Houses, he said, to punish his servants. 1 A few days after these words were uttered, Laud was impeached, and Finch had fled to Holland. The foundations for an attack upon the Lord Keeper were already laid. On December 7, on St. John's report, the House Dec. 7 . resolved that ship-money was an utterly illegal impost, ? e a?nstllSp- an( ^ t* 13 * ^ e Judges who ka^ declared the contrary, money, had acted in defiance of the law. To this result no dby man contributed more than Falkland. Small of Falkland. statue and without any advantages of voice or person, he placed himself at once in the first rank of Parliamentary orators. Burning indignation against wrong gave light and strength to his words. His ideal commonwealth was indeed very different from that of Pym. He was not anxious to put an end to the meddlesome interference of the few, merely to give free scope to the meddlesome interference of the many, and he would be sure to distrust any system which threatened to lay intellectual freedom at the feet of a Parliamentary majority. On the point for the moment at issue he was, however, at one with Pym, and in expressing the opinion which he had formed he was far more vehement and impetuous. He took no account of the natural tendency of the judges to give a hard and legal form to the political ideas which were floating in their minds, and he treated their arguments as an insult to common sense. They had seen danger from an enemy where danger there was none. It was strange that they saw not the law, which all men else saw but themselves. He then proceeded to reason that there was now no more question whether the judges were to be punished or not for past offences. Men who had delivered 1 Giustinian to the Doge, Nov. 59, Dec. ^ **' ^ ^- Transcripts^ R. 0. Vane to the Prince of Orange, Dec. n, Groen Van Prinstersr, Ser. 2, iii. 206. 246 FIRST MONTHS OF THE PARLIAMENT. CH. xcv. such opinions could not safely be left on the Bench. They were the advisers in all legal matters of the House of Lords. If the law was to regain its force, they must be punished and removed. Had not Finch declared that the power of levying ship-money was so inherent in the Crown that it was not in the power even of Parliament to take it away ? Had he not gone round to solicit the judges to give opinions against their know- ledge and conscience ? Yet it was this man who was now the Keeper of his Majesty's conscience, and was always ready to infuse into his mind opinions hostile to his Parliament. Falkland was at once supported by his friend Hyde. Hyde's legal mind was shocked at the action of the judges, not so He k much because they had defied the nation, as because seconded by they had brought the law into disrepute. He moved y e ' that the eight judges who were left on the Bench out of the twelve who had sat on it in Hampden's case might be asked to reveal the solicitations to which they had been sub- jected. The report of their answers was not favourable to Finch, and at Falkland's motion, orders were given to draw up a charge against him. 1 Before the day arrived, when the impeachment of the Lord Keeper would finally be decided on, Finch unexpectedly sent a request to be heard by the Commons. On the sisthe appeared, and was received by the House ^ ^ e h nour due to his office. The manner before the j n which his defence was made extorted admiration v^onnnons. even from his bitterest opponents. There can be little doubt that, harsh and insolent as he was, his most outra- geous arguments had resulted from an honest conviction that he was in the right. Yet he could hardly have expected that any justification of his conduct would find favour with the audience to which it was addressed. His defence seemed to the Commons to have been an aggravation, rather than a miti- gation, of his oifence. Sir Thomas Jermyn, the Comptroller of the Household, asked ' whether this were a treason within the statute or by the construction of the House.' Pym loftily replied, ' that to endeavour the subversion of the laws of this h^ iv. 86. D'Ewes's Diary, Harl. MSS. clxii. fol. 55. 1640 PLIGHT OF F2XC1I. 247 kingdom was treason of the highest nature/ " Tis trea^:;/' said Hyde, " to kill a judge, much more to slay justice itse',;'." The vote for the impeachment of the Lord Keeper a& a trailer was carried with scarcely a dissentient voice. 1 That night Finch followed the example which had been set by Windebank. HU flight, After an interview with Charles, he fled across the sea in a vessel belonging to the Royal Navy. He chose the Hague as the place of his exne. It was a matter of Dec <- course that his impeachment was now finally voted, and im- and at the same time six of the judges who were peac mem. se i ecte( j as sharing his offence in the matter of ship- money were ordered to give security that they would appear whenever they were called for. On the political questions before the House, on the im- peachment of Stafford and Finch, on the condemnation of Unanimity ship-money, and on the necessity of defensive mea- rfti e sures against the Catholics, the House was practically unanimous. No Royalist party was in existence. The few Privy Councillors who had a seat in the House Vane, Roe, and Jenny n had no power and probably no wish to defend the fallen system. Division, if it came at all, would come from another quarter. Whatever difficulties might arise about the political system to be substituted for that which had failed so utterly, men were pretty well agreed as to the general character of the institutions which they desired to found. They wanted to restore the reign of law in combination with the authority of Parliament. With respect to religion they were far from being equally unanimous, and they had an instinctive feeling that it was here that the Dec ii seeds of future division were to be found. On the The London i ith a violent petition for Church-reform and the SS&St abolition of Episcopacy, signed by 15,000 Londoners, Episcopacy. wag p resen t e d to the House. An approving crowd of some 1,500 persons followed it into Westminster Hall. For the first time opinion in the House was seriously divided. " There were many against, and many for the same." 2 1 Riisivworth, iv. 124. D'Ewes's Diary, Harl. JISS. clxii, fol. 90. 2 The Scottish Commissioners in London to the Committee in New- castle, Adv. Libr* Edin. 33, 4, 6. 248 FIRST MONTHS OF THE PARLIAMENT, CH. xcv. Yet, in spite of Vane's official objection that many of the petitioners were Brownists, the Commons resolved to take their prayer into consideration on the lyth. When, how- sSeSSon ever, the lyth arrived, it was discovered that the postponed. House was too - bus y to attend to it for the present, and the subject was postponed to a more convenient season. Yet, if the House was not as yet prepared to discuss the merits of Episcopacy, it was resolved to put an end to that Dec. 9 . clerical domination which had been the most gener- Attack on a fty obnoxious part of the Laudian system. Of this canoiST domination the late canons and the etcetera oath were regarded as the most complete expression, and when the question of their legality was moved by Rouse there was no wish to evade the discussion. Yet even on this ground a small knot of members threw themselves athwart the prevailing current. Dec. 15. Holborne, who had shared with St. John the glory Hoiborne's o f the defence of Hampden, broke away from the argument in . . . , . ,-, their favour, majority on the ecclesiastical question. Convocation,, he argued, was an independent body, entitled, with the King's assent, to bind both clergy and laity, so long as its canons did not come into conflict with the law of the land. In former reigns, canons had been made which had never been confirmed by Parliament " If we be of the Church," he expressly added,. " the canons must bind us." To Hoiborne's assertion that the laity were bound by the clergy in Convocation, St. John replied by the counter-assertion that Convocation was unable, unless its canons were confirmed by Parliament, to bind even the clergy. When it was put to the vote that the late canons bound neither the clergy nor the laity, not a single voice was raised in the t negative. The next day the obnoxious canons were voted to have been illegal. It was impossible, in such a discussion, that Laud's Dec. 16. name should be forgotten. One member asked The canons whether there had not been ' a principal solicitor here ' megai. e as there had been amongst the judges. Sir John. Hotham suggested that there was good reason to accuse Laud of treason. Pym was of the same opinion. On the i8th Grimston gave voice to the general feeling. ' The Archbishop,* J 640 LAUD'S LMPEACHMEXT. 249 he said, ' was the root and ground of all our miseries/ He had Dec. is. preferred Strafford, Windebank, Wren, ' and all the p?acled of other wicked bishops now in England," to their places. treason. fa Py m ' s motion a messenger was sent to the Lords impeaching the Archbishop of high treason. The Lords at once sequestered him from Parliament, and committed him to custody. At the same time they directed that Bishops Wren and Pierce, over whom charges were impending, should give security for their appearance whenever they were sent for. 1 Whether Laud's offence was properly characterised as treason or not, there can be no doubt in what his offence consisted. Nature of ^ t ^ ie ex P ress i n tne fundamental laws of England Laud's meant the supremacy of Parliament, Laud was as guilty of assailing them as Strafford had ever been. Modern writers frequently speak of him as if he were altogether contemptible. Contemporaries were of a very different opinion. They believed that he was even more dangerous than Stratford could possibly be, and there can be little doubt that, from one point of view at least, contemporaries were in the right. Strat- ford's vigour and energy would but last for his own lifetime : Laud was engaged in the completion of an instrument which would outlive himself. The forces of Calvinism once expelled, the Church would, as he hoped, at last realise the ideal of the Reformation, and stand forth clothed in the authority of a pious king, as the enlightened guide in all spiritual matters of a will- ing and submissive people. Laud's enemies might well struggle against such development of influence. It was indeed a for- midable thing that such a man as Laud should have in his hands the whole teaching power of England, and thus be able to train those to whose utterances the nation was Sunday by Sunday constrained to listen, and who were sure to inculcate the duty of obeying the King at least as loudly as they inculcated the duty of serving God. Yet, if contemporaries were right in fear- ing Laud in the day of his power, it may well be asked whether they had still any reason to fear him in the day of his weakness. No doubt if the Commons had had but to reckon with Laud and C. J. ii. 54. D'Ewes's Diary, //;/. MSS. ch\ii. fol. 72, 82, 86. 250 FIRST MONTHS OF THE PARLIAMENT. CH. xcv. Strafford alone, they might have taken courage. In favour of the fallen ministers not a voice had been raised, nor was likely to be raised Unhappily for the authors as w r ell as for the victims of Parliamentary vengeance, it was already an open secret that Laud and Strafford did not stand alone, and that Charles was only prevented by his fears from favouring them again as he had favoured them before. The one thing which would enable Parliament to be magnanimous was the knowledge that there existed in England a government which it could trust. In the midst of these attacks on the ministers of the Crown the Commons had not been unmindful of the effect which was Dec j likely to be produced on Charles himself. They had The King's made an effort to win him over by providing for his revenue. necessities. St. John had reminded the House that now that ship-money and the monopolies had been declared illegal, the King was poor. He called on the members c to provide a high subsistence for his Majesty. 1 A message was accordingly sent to the King for permission to take into con- sideration the expenditure of the Crown. Leave was granted, and it was resolved to set Charles's finances in order as soon as the Christmas vacation was over. That it might be seen that Dec. 23. the proper wants of the Crown would be dealt with Two^more j n no niggardly spirit, two additional subsidies, making granted. four in all, were voted as a security that the armies in the North should not be neglected. 1 What possibility was there that Charles would be really soothed by any attention to his material interests ? The power Effect of which he held to be rightfully his own had been ings p of eed " wrested from him. The statesmen whom he hon- upon ament oured had been thrust into prison, or compelled to Charles. f^ safety in flight. The Church, of which he believed himself to be appointed by God and the law as the special guardian, was about to become a prey to confusion. Worse than all, men were honouring him with their lips, whilst they set at naught every injunction which he gave. It might be said of him, as was afterwards said of another sovereign whose 1 D'Ewes's Diary, HarL MSS. clxxii. fol. 73, 97. Northcote's Diaiy> 59- 1 640 THE QUEERS SCHEMES. 251 misfortunes might be paralleled with his own. that a "king circumstanced as the present if he is totally stupined by his misfortunes so as to think it not the necessity, but the premium and privilege of Hie, to eat and sleep, without any regard to glory, can never be fit for the office. If he feels as men com- monly feel, he must be sensible that an ofrlce so circumstanced is one in which he can obtain no fame or reputation. He has no generous interest that can excite him to action. At best, his conduct will be passive and defensive. To inferior people such an office might be matter of honour. But to be raised to it, and to descend to it, are different things, and suggest different sentiments." 1 The Queen at least had no intention of acquiescing in the position which Parliament was creating for her and her husband. The Queen The Dutch alliance had filled her with unbounded protects hope. She bade Rossetti to remain at his post ; and TJossetti though he was recommended to sleep even- night at St James's, under the shelter of the Queen Mother's roof, he was told that the King would not withdraw his protection from him. Why, she asked her confessor, Father Philips, would and be 5 s n t the Pope send aid to her, as he had done to the h!fp n frfm Emperor? Philips repeated, what Rcssetti had said the Pope. to her some months before, that, unless her husband were a Catholic, help could not be given. The Queen answered that if the King declared himself a Catholic he would be at once deposed. He had neither soldiers nor money at his disposal, and the Catholics, therefore, would inevitably receive damage rather than advantage. When Philips reported this Philips conversation to the Pope's agent, Rossetti replied that suggests an t k e t j mes were no t opportune for a war of religion. application * * . to France. ft WO uld be better to ask the -king of France to interfere, on the ground that his sister had been deprived of the advantages promised her in her marriage treaty, or that his nephews were being wronged by the diminution of that sove- reignty to which they were the heirs, or simply that his sister and her husband were unjustly deprived of their rights. He 1 Burke's Reflections on the Revolution in France. 252 FIRST MONTHS OF THE PARLIAMENT, en. xcv. might expect to have in this the help of the Dutch. When the King had in this way been restored to his authority, he would see that it would be impossible to maintain himself without crushing Puritanism, and that he could only expect to do that by union with the Catholic Church. Philips then proceeded to assure Rossetti that the Queen had promised him that if the Pope would send her money, lrty the King, on regaining his authority, would grant of worship, liberty o f worship in all his kingdoms. If Pym and his allies had been striking in the dark when they declared themselves convinced of the existence of a Popish plot, they were not striking altogether at random. No doubt, if they had been more tolerant, there would have been no plot. Evil begets evil, and the hard measure which they were dealing out to the Catholics led to this invitation to a foreign priest and a foreign king to intervene in the affairs of England What part Charles had in the matter cannot now be known. It is most improbable that the Queen kept her plans a secret from him. If the Commons were left in complete probably ignorance of these and similar projects, there was informed. enou gh m Charles's bearing to teach them that he bore no good-will to the cause in which they were engaged. Charles had not the art of inspiring confidence where he felt Charles none. So elated was he shortly before Christmas w ^^ ^ va g ue hopes of assistance which he had conceived, that he spoke openly to Bristol of his intention to resist the demands which Parliament was certain to make. " Sire," replied the plain-spoken earl, " you will be forced to do what you do not wish'." 1 Under the growing feeling that a contest with the King was imminent, it behoved the popular leaders to provide for the Dec. 24. unwelcome contingency. Pym had already pointed bSgs in a out that the main source of the evils under which the AnnSa Par countr y ^ a< ^ suffered was to be found in the long Haments. intermission of parliamentary life. It was absolutely necessary that, before the Scots were dismissed from England,. 1 Rossetti to Barberini, f~^ R- 0. Transcripts. 1640 CHARLES AXD THE SCOTS. 253 and a permanent revenue was voted to the Crown, provision should be made that no such intermission should again occur. On December 24, the day on which the Commons held their last sitting before the short Christmas vacation, Strode brought in a Bill for Annual Parliaments. If in even* year the King had not issued writs for the elections before the first Tuesday in Lent, the returns were to be made without the usual inter- vention of the Crown. In future no Parliament was to be dis- solved within forty days after the commencement of the session, unless the consent of both Houses could be obtained. Though Charles knew well how favourable was the presence of the Scottish army in the North to the pretensions of Parlia- Dec. 30. merit, it was only with considerable reluctance that charies;s ne acnreed to a reasonable compromise on the point concession . L l to the Scots, of the incendiaries. The bcots themselves suggested a way out of the difficulty. Let the King at least engage not to employ about his person any man who had been sentenced by Parliament. To this Charles, though after some hesitation, at last assented. 1 The Commons had allowed themselves no more than four days' vacation at Christmas. When they met again they took Dec 2 up the question of the King's revenue. So loose had The King's been the system which had prevailed in the exchequer revenue. t k at nQ k a i ance _ S rieet later than that of 1635 was to be found, and the Commons had to wait till the proper informa- tion could be obtained. Before that time arrived the relations between Charles and his Parliament had become such as to render it unadvisable to place him in possession of sufficient revenue to cover his Dec. 3 o. expenses. On December 30 the Annual Parliament andThef 11 ^1 was rea< * a seconc ^ time, at Cromwell's motion, parliament ^ urm tne P ast weeks Cromwell had been steadily BUI. rising in the estimation of the House. His cousin- ship with Hampden had doubtless introduced him to the companionship of men of influence, but it is certain that he owed more to himself than to bis friends. His strong and 1 The reply of the Scottish Commissioners, Dec. 23. The last answer of the English Commissioners, Dec. 30, Atfc. L ; J*,: Edtn. 33, 4, 6. 254 FIRST MONTHS OF THE PARLIAMENT. CH. xcv. vehement Puritanism would be sure to secure him the sympathy of many members ; but his special strength lay in his prompt appreciation of the practical necessities of the day. Others might be able to look farther into the future, or might have a wider grasp of constitutional principles. No one was so ready as Cromwell in keeping the House in mind of the action which was needed to maintain a hold on the immediate present. 1 Whilst the constitutional struggle was being fought out at Westminster, the Northern army was ready to disband for want Dec. 31. of pay. Money had been sent, but it had been sent Northern 116 s l w ty anc ^ irregularly, and there was a disposition in arm y . ern the House of Commons to favour the Scots, whom it trusted, rather than the English, whom it distrusted. The House refused to listen to a proposal that the officers should be entrusted with the power of martial law. An early day was, however, fixed for pushing on the Bill of Subsidies. At the same time attention was drawn to the army which had been levied under Stafford's authority in Ireland That je^. army, as Sir Walter Erie reported, numbered about The iSsh 9> men - ^ was now scattered over Ulster. It army. was mainly composed of Catholics, and a detachment had ' seized on Londonderry, and said mass in the church.' A message was at once sent to the Lords to ask for a conference on the threatening peril. Before the conference took place, a discussion arose which it is difficult to report without a smile. Some days before, a Harrison's Mr - Harrison, one of the farmers of the Customs, loan. and a rnember of the House, had advanced 50,0007,, on the security of the coming subsidies. As a reward for his patriotism he had been knighted by the King. He had also done a good stroke of business by securing the favour of the Commons, as it was almost certain that there would be an unpleasant investigation into the conduct of the farmers in collecting tonnage and poundage without a Parliamentary grant. In addition to his increased chance of immunity, Harrison 1 D'Ewes's Diary, Harl. MSS. clxii. fol. lot. This characteristic of Cromwell, which shows itself already, comes out much more strongly in the spring and summer of 1642. 1640 SIX SYMOXDS D'EWES. 255 expected to receive interest upon his loan at the usual rate of Questions & P er cent. An unexpected difficulty arose. He was SeresYwas told that the Act of Parliament which had prohibited lawful. a higher rate, had expressly refused to countenance the taking of interest at all, ' in point of religion or conscience.' The problem was solved by a member who had already acquired a hold of a certain kind upon the assembly. The Position of P art played by the Speaker in a modern House of D'Ewes. Commons in regulating the debates by an appeal to the precedents of former times, was one for which Lenthall was little qualified. Sir Symonds D'Ewes was just the man to supply his deficiencies. His lifelong studies in the legal an- tiquities of the country enabled him, with the aid of an excel- lent memory, to produce on the spur of the moment any precedent that might be needed. In this way he acquired an authority in the House, so long as no higher statesmanship was required than his pedantic self-complacency had at command. He now came to the rescue of the members in their difficulty. He solves To take or pay interest, he said, was undoubtedly the problem. ^eld to ^ e unlawful by the Church and law of Eng- land ; but it had never been held to be wrong to pay a man damages for the loss which he suffered by abandoning for a time the use of his capital. The House caught at this sapient deliverance. The word * damages ; was substituted for the word * interest/ and everyone was content. 1 On the yth there was a fresh report by Erie on the Irish army. The number, he said, * was great, near upon 10,000, all or most of them papists.' All the strong places in The^h the North of Ireland were in their hands. Strafford army agam. wag st m ^^ g enera ] > an d many of the officers were in the habit of repairing to him in the Tower. It would be well to ask the Lords to concur in a petition that this army might be disbanded. Vane's official reply was not likely to allay the suspicion felt. He said that the Irish army ought not to be disbanded till the Scottish army was disbanded also. Charles, in fact, was well aware that he could not for the moment 1 D'Ewes's Diary, Jan. 4, Harl. JfSS. clxii. fol. 116. 256 FIRST MONTHS OF THE PARLIAMENT. CH. xcv. venture to strike at those whom he regarded as his enemies Yet he would not deprive himself of the power of striking at some future time. It was not in his nature to throw himself frankly on his subjects' loyalty, and to evoke the sympathies which he had lost by a hearty co-operation with the Commons in the work which they had on hand. If he could have done that he might have saved himself, and might, perhaps, have saved Strafford as well. By weakness and hesitation, by hankering after the employment of a force which he had neither the power nor the resolution to wield, he was raising the barrier between himself and his subjects higher and higher every day. Distrust at last would make the breach inevitable by driving the Commons to demands which it was impossible for a king to concede, but which would never have been made if they had been able to repose confidence in him. The wisdom of coming quickly to an agreement with his adversary was never understood by Charles. CHAPTER XCVL THE TRIENNIAL ACT, AND THE ECCLESIASTICAL DEBATES. THERE was nothing in Charles's mind repugnant to the idea of asking for foreign support against the English nation. Twice 1641. already he had attempted to procure foreign troops to CfoSS?" serve him against the Scots, and he was equally ready Sxepfing ut: to ma ^ e use f foreign troops to serve him against the foreign 1 aid. English. The habit of regarding his own authority as something distinct from the nation, prevented him from feeling, as Elizabeth would have felt, that there was anything disgraceful in appealing to foreigners for assistance against his own subjects. When, on January 6, the Dutch ambassadors, who had come to make a formal demand for his daughter's hand, had their Jan. e. first audience, there can be little doubt that he was of by tnis time un der tne impression that, in case of ex- tremity, the Prince of Orange would be ready to give dors. him material assistance in the maintenance of his authority in England But though he had no objection to accept that assistance if things came to the worst, he was not quite certain that things had yet come to the worst Appearances were against the Parliament ; but, after all, a better spirit might prevail. On three points he would never give way. He would never consent to pass a Bill for Annual Parliaments, or one for the abolition of Episcopacy, or to allow any of his ministers to be put to death without his free consent If any one of these points were insisted on, he would at once dissolve Parliament, and obtain aid from Holland to protect him against the popular insurrection which was likely to follow. As yet, however, matters had not come to this pass. There was even hope that the King's chief opponents would VOL. IX. S 253 THE TRIENNIAL ACT. CH. XCVL come to blows with one another. Now that the question of the incendiaries had been settled, the negotiators on the part of Eng- Progress of land and Scotland were disputing over the amount of ^"vfS'the money to be paid to the Scots in compensation for their Scots. expenses in the war. It was thought at Court that the English Parliament was likely to take offence at the exorbitance of the Scottish demands. If a breach ensued, the King would have everything to gain. He would find himself engaged in a national war against the Scots, and would be in a far stronger position than if he were merely at the head of a Dutch force sent to defend the Royal authority against his recalcitrant subjects. 1 1 There is nothing in any published documents which throws further light on this offer of the Prince of Orange, and no engagement to assist Charles with troops is known to have been afterwards given. It will be seen, however, that there are strong reasons for thinking that money was paid by the young Prince at the time of the marriage, and at a later time actual assistance seems to have been contemplated. Rossetti says that Father Philips came to ask him whether he had yet written to Rome on the subject of the money which had been asked for. The Father expressed satis faction on hearing that the request had been forwarded, and told him tha the Queen had spoken about it again, adding e che il Re ancoranon sapeva quali aiuti gli fussero potuti bisognore, non essendo totalmente disperato del Parlamento, ma quando succedesse il caso que da Nostro Signore gli si sommiiiistrasse in qualche maniera forze, il Re almeno s'indurebbe a per- mettere la liberta di consdenza in tutt' i suoi Regni, non importando la qualita del tempo il far in cio maggior dichiaratione et, a questo dal Padre Filippo mi fu aggiunto che egli havrebbe havuto ancora ottima speranza del Re medesimo, il quale, oppresso cosl malamente dallo spirito di questi Puritani contumaci, hora maggiormente conosce non haver eglino altro fine se non la distruttione dell'aiitoriti Regia, non havendo egli voluto credervi o aplicarvi per il passato, e per6 esso mi diceva pensare che Pintentione di S. M t& - fosse di voler vedere a che segno sia per mettersi questo Parlamento,. e che cosa ne possa cavare con minor pregiuditio possibile della Corona, poi determinarsi a quelli espedienti che credesse essere piu adequati alia qualita del bisogno, poiche se il Parlamento premera per levare i Vescovi (benche cio non si creda) o voler sirnilmente che ogni anno si tenga Parla- mento, quando anche non vi concorra il consenso di S. M Ji , e condannare alia morte senza che la sentenza sia sottoscritta di mano Regia, in questo caso so tiene che il Re vi si vorra opponere con disciogliere il Parlamento, sperando di poter in cio prevalersi delle forze al presente delli Olandesi promesseli per conditione matrimoniale, et in simil maniera assicurarsi dalle sollevationi popolari, e sottrahere la casa Reale dai pericoli che potrebbono- 1 641 THE QUEERS OVERTURES. 259 That the Queen had her full share in these resolutions if at least, any of Charles's imaginings can be dignified with the name of a resolution is beyond all doubt. By this time she had more cause than ever for personal irritation. So great were Poverty of tne straits to which the Court was reduced by the the court. p OV erty of the Crown, that Charles had been forced to announce that he could no longer keep open table, according to custom, for the members of the Upper House during the session of Parliament What was more annoying still, he had The Queen ^ een unable to pay to the Queen Mother the allowance aHowance which he had granted to her, and she had conse- stopped. quently been obliged to sell her jewels and her horses, and to dismiss her servants. 1 Some time would elapse before an answer could be received from Rome, or the question of peace or war with the Scots s could be finally determined. The possibility that Henrietta Parliament might demand the dismissal of Rossetti drove Henrietta Maria to open a negotiation with some of the leading members of both Houses. She leaders. ^^ sorrt e hope that they would be ready to please her in opposing the agitation for the removal of the Papal Agent, soprastare, se non si trovasse prontamente armato, ina perche gli Olandesi promettono queste forze, accio venga conservata Pautorita Regia che il Re non sia strapazzato, et che il popolo non si sollevi, dicendo che quando si trattava di queste tre cose saranno sempre dalla parte del Re con 1'armi, ma mentre le medesime cessaranno non intendono che prende principle la guerra, se bene hora il Parlamento procura di darli ogni sodisfattione, havendo ancora aggiustato che per un altro mese la tregua debba durare, et hanno gia pagato il danaro per mantenimento del essercito Scozzese. Tutta la difficult^, stara sopra le pretensioni che hanno delle spese gia fatte, e sin hora sta in ambiguo che cosa ne debba seguire, ma ben presto si sentira, come vien creduto s qualche risolutione ; et se venissero rotture tra gl' Inglesi et Scozzesi sarebbe molto avantaggioso per il Re, poiche la guerra diventarebbe nationale, et in questo modo potrebbe S. M ri soste- nerla la dove, quando fosse particolare, gP Olandesi per conditione del matrimonio faranno partiali a difendere 1'autorita Regia.' Rossetti to Barberini, Jan. ^ R. O. Tramcripts. 1 Giustinian to the Doge, Jan. -^-, Yen. Transcripts, R. O. Rossetti to Barberini, Jan. p, R. O. Transcripts. 260 THE TRIENNIAL ACT. CH. xcvi. because she knew that they were anxious to remain on good terms with France, and she believed that the new French am- bassador, who was expected shortly to arrive in succession to Bellievre, would bring instructions to insist that her intercourse with the Pope should not be disturbed. 1 The Queen's over- tures were shortly followed by rumours of impending official changes. 2 Cottington, anxious to escape from changes. ^ stornij was ready to surrender the Chancellorship of the Exchequer and the Mastership of the Court of Wards. The simple-minded Juxon would certainly not cling to the Lord Treasurer's staff; and the vacancies thus made might be filled with some of the lords who had hitherto taken part against the Crown. The rumours thus raised died away almost as soon as they were heard of " There is nothing to induce the belief that any serious concession to the popular demands was intended. No doubt the persons to whom application was made refused to make any promise about Rossetti, and for the present the negotiations came to an end. The hope that the English Parliament would quarrel with the Scots was next in order. On the i2th the Scottish demands were formally announced to the two Houses by the special direction of the King. It is no wonder that he Jan. 12. The Scottish counted on the provocation which they would give, demands. The g cots rec k one d faefc expenses in the late war at 785,6287. Of this they were willing to put 271,5007. out of account. Qf the remainder, or 51451287., they offered to bear as much * as the Parliament should find reasonable, or us able.' The claims thus made did not take account of the now con- siderable sum due for the maintenance of their army, which had been accruing since the signature of the Treaty of Ripon at the rate of 8507. a day. The claim of the Scots on this head had now been running on for many weeks, and was likely to run 1 Rossetti to Barberini, Jan. | g , tf. 0. Transcripts. z The first mention of these proposed changes which I have met with is in Salvetti*s News-Letter of Jan. * s . As this contains a week's news, the rumour may have sprung up on any day between the 8th and the I5th. i64i THE SCOTTISH TERMS. 261 on for many more. 1 Such a demand was sufficiently startling ; but, in the face of the known sentiments of the King, it was impossible to reject it. Bristol, as a Commissioner, had fought Bristol re- ^ aro ^ against it. " When the Scots," he said, in an- t- n uncing their resolution to the Houses, " made this vast proposition, it startled me to think what a dis- honour was fallen upon this ancient and renowned nation ; but when I considered that this dishonour fell upon us by the im- providence and evil counsels of certain bad instruments, who had reduced his royal Majesty and this kingdom to these straits, I well hoped the shame and part of the loss would fall upon them/' 2 On the 23rd the Scottish demands were taken into con- sideration by the Commons. There was much difference of Jan. 23. opinion. The Scots had many enemies in the House. SkenSto Some of these suggested that they should have t?on si b"h" e notjlin g ti 11 the >' h a(i left England. 3 Others thought Commons, that the money needed to pay them should be raised out of the estates of the incendiaries. In the end it was voted in general terms that a friendly assistance should be given, 1 Borough's Notes, HarL MSS. ccclvii. 50. D'Ewes's Diary, HarL MSS. clxii. 140. BaHHe? i. 289. It is seldom indeed that any complaint has to be made of Mr. David Laing's editing, but he has here made Baillie write pure nonsense. In his edition the passage runs : * The particular compt was given with the demand ; a scrole of two hundred and fiftie thousand pound sterling, which we putt out of compt, five hundred and fourteen thousand pound [Scots] whereof we offered to bear ourself such a proportion as the Parliament should find reasonable or us able.' I would suggest the following changes. C A scroll of 250,0007. sterling which we put out of compt [and] 5i4,ooo/., whereof we offered,* &c. This agrees with Borough's notes, which it should be remembered Mr. Laing had not seen. Since this was written I have seen the full account in the MS. in the Advocate's Library (33, 4, 6). The exact sum put out of account must be the 271,5007. there charged on general losses. The claim made is given, as I had supposed, in pounds sterling. 2 D'Ewes's Diary, HarL MSS. clxii, fol. 140. 3 'It is not unknown,' the Scotch Commissioners had written on the I3th, 'what desperate desires and miserable hopes our adversaries have conceived of a breach upon this article.' Adv. Libr. Edin. 33, 4, 6. 262 THE TRIENNIAL ACT. CH. xcvi. though the amount of it and the mode in which it was to be raised were left to future discussion. 1 If the English Commons were not likely to quarrel with the Scots, neither were the Dutch likely to serve Charles as he Jan. 15. expected to be served. On the 1 9th he announced J I h a L _^ ncc * s to their ambassadors that he was ready to accept gap' 1 '"-; * their demand for the Princess Mary instead of the ^ ilium of J Orange. Princess Elizabeth. He hoped that the marriage treaty might be accompanied by a political alliance between the two States. It is true that he spoke of this alliance as one which was to be directed against Spain, but there can be little doubt that his thoughts were travelling in another direction. " Our eldest daughter," said the Queen, it may well be believed with her most winning smile, " deserves something more than her younger sister." The question was referred to commissioners appointed to draw up the marriage treaty. The Dutchmen expressed their The mar- readiness to treat of a political alliance as soon as rfag treaty the articles of marriage were agreed on. But they intimated that, in their opinion, such an alliance would be of little use unless the King came to a good under- standing with his Parliament. The marriage treaty was quickly settled. The only question at issue related to the time at which the youthful bride was to be transmitted to Holland. Charles withdrew a demand, on which he had insisted the year before, that his daughter should be allowed the use of the ceremonies of the Church of England. " It may be," said one of the English Commissioners, "that in three months there will be no such ceremonies here." 2 Transform*- Whilst every hope which the King had formed of external assistance was thus failing him, the Com- mons were showing no signs of flinching. The Bill for Annual Parliaments, indeed, when it emerged from BnL committee, had been subjected to considerable mo- 1 C. y. ii. 71. D'Ewes's Diary, Sari. AfSS. clxii. fol. 158. 2 The Dutch Ambassadors to the Prince of Orange, fe^, Green Van Prinsterer^ ser. 2, iii. 330. 1 64i A NEW LORD KEEPER. 263 cifications, partly perhaps in consequence of the knowledge that it was threatened with some opposition in the Upper House. 1 It was now a Bill not for Annual but for Triennial Parliaments. The old statutes of the reign of Edward III., which enacted that Parliament should meet once a year, were indeed recited in the preamble. But the machinery by which elections were to be held without authority from the Crown was not to be ' called into existence until the sittings of the Houses had been intermitted for three years. On the 2oth the Bill was sent up to the Lords. It was accompanied by a Bill granting four sub- sidies to be specially applied to the relief of the armies in the North. 2 One concession at least Charles was ready to make, and it was one which at any other time would have been received with jan 20 gratitude. On the i4th Finch was formally im- it is sent up peached. On the i5th the King announced that from henceforth the judges should hold office on good behaviour, and no longer, as had been too often Jan. 14. the case in his reign, at the good pleasure of the impeached. Crown. The place of Lord Keeper was now vacant, Jan. 15. an ^ tf Charles had really been anxious to come to an The judges understanding with Parliament he would have seized to hold office P . . guaindiu se the opportunity of appointing some lawyer who shared ^lerint. the popular feeling. The man whom he selected was Jan. 20. Lyttelton ; and Lyttelton, amiable as he was, had Lytteiton pieced vigorously against Hampden in the case of Keeper. ship -money. To Charles he brought little advantage. He was personally brave, but politically timid. He fell ill shortly after his appointment ; and if there had been any expectation that his great legal knowledge would be turned to good account when he was called on as Lord Keeper to preside on StrafTord's trial, that expectation was doomed to disappoint- ment Bankes, who had taken part with Lyttelton in pleading against Hampden, succeeded him as Chief Justice of the Common 1 Giustinian to the Doge, Jan. ^-^, P2r- Transcripts, R t 0. 2 C. y. ii. 70. Z. J. iv. 136. 264 THE TRIENNIAL ACT. CH. xcvi- Pleas. Heath received a puisne judgeship which happened Jan. z-j. to be vacant. Though, as one who had been driven ' cS2 Justice from the Bench as not sufficiently pliant in the days of the Com- O f Charles's unquestioned power, he might have " some hold on the public sympathy, he was Heath be" known to have been one of the staunchest upholders jSt asai-i. of the prerogative in its most exalted claims, and he had taken a leading part in those proceedings which sent Eliot to his glorious death in prison. The Attorney-Generalship was given to Sir Edward Herbert. The strangest of all appointments was that of Oliver St. John as Solicitor-General. 1 If he had been placed in a position Jan. 29. of real authority, his name would have served as a solicitor- si S n that Charles at least wished to appear desirous General. o f approximating to the popular party. A Solicitor- General, as all men knew, had no real authority. He had a lucrative post, and Charles seems to have thought that he could win over many of his opponents by placing them in lucrative posts. On this occasion the attempt failed, as it deserved. St John remained as staunch to his principles as he had been before. Before St. John assumed his new office, he had the satis- faction of seeing his contention in the ship-money The LordJ' case adopted by the House of Lords. On the 2oth they passed a series of resolutions condemning the impost as illegal. If Lords and Commons were of one mind on the Catholics. question of ship-money, they were also of one mind on another point in which modern feeling would be distinctly against them. It is sometimes said that the distrust of the Catholics was a weakness inherent in a Puritan House of Commons, and that even there it would not have been very active but for the machinations of Pym and his associates. Those who hold this view can have paid of Goodman, j.^ attent j on to t ^ Q journals of the House of Lords. On the 2ist John Goodman, a priest, who was specially ob- 1 Croke's Reports, Car. 600. Foss (Lives of the Judges^ vi. 347) gives the date erroneously as the 1 8th. 1 641 A REPRIEVED PRIEST. 265 noxious as a convert from Protestantism, and perhaps, too, as a brother of the obnoxious Bishop of Gloucester, was condemned to death under the bloody laws of Elizabeth's reign. Rossetti, as soon as he heard what had taken place, applied to the Jan. 22. Queen, and the Queen told the sad story to her repn^? husband. " If he is only condemned for being a him - priest," said Charles, " I will assure you he shall not ^,die." The next morning he sent him a reprieve. To show mercy to a priest was unfortunately to rouse the indignation of all good Protestants. The Queen, too, had herself contributed something to the violence of the feeing storm which followed on this act of mercy. It must have been known to many in both Houses that some, at least, of the Parliamentary leaders had recently been tempted with offers of promotion to support the continuance of the residence of a Papal Agent at the Queen's Court, which made it the centre of a permanent intrigue against the parliamentary constitution of England. The first outcry did not arise in either of the Houses. The City had been making preparations to lend a further sum of Jan. 23. 6o,ooo/. On the morning of the 23rd Pennington announced that, in consequence of Goodman's re- prieve and of other suspicious circumstances, the o tne Queen's secretary, cpntribn- Sir Kenelm Digby, Walter Montague, and two other tions to the . , . army to be Catholic gentlemen to give an account of their part investigated. .^ ^ co u e ction of the contribution from the Catho- lics in support of the King's army in i639. 2 The ill-feeling was not allayed by a message from the King justi- fying the reprieve of Goodman, and offering merely to banish him from England. In regarding the Goodman, action of the Catholics with alarm both Houses were Jan. 29. o f one mind. The Lords concurred with the Com- <2:tdon s mons in asking the King to put the recusancy laws asked for. . n execut j orij an( i to begin by sending Goodman to the cruel death of a traitor. Charles knew how much was at stake in the demand for Goodman's execution. If he did not stand firm here, how Jan. 28. would he be able to stand firm when Stratford's head a' h aiS" ldes s k ulc * be asked for ? On the 28th the detailed charges Stafford. against the Lord-Lieutenant were brought up by Pym from the committee which had been appointed to prepare 1 D'Ewes's Diary, HarL MSS. clxii. fol. 164. 2 C. ?. ii. 74. 270 THE ECCLESIASTICAL DEBATES. CH. xcvi. them. To Strafford the appearance of these lengthy articles conveyed a sense of relief. " I thank God, my lord," he wrote to Ormond, "I see nothing capital in their charge, nor any other thing which I am not able to answer as becomes an honest man." 1 Elaborate as the articles were, there was one thought which overtopped them all. The belief that Strafford had planned charge tne introduction of an Irish army to overpower thl a iri5i to resistance in England was dragging him down to army. fog destruction. Ever} 7 piece of evidence which gave the slightest authority to this belief was eagerly caught at. The day after the articles were read in the House, a mem- s ber stated that the Catholic Earl of Worcester and -his son Lord Herbert had in the preceding year 2 " questioned. rece i ve( j commissions authorising them to levy forces in those shires on either side of the Welsh border in which the influence of their house was predominant \ and that Sir Percy Herbert, the Catholic son of Lord Powis, had been gathering corn, and had removed powder and munitions from the county magazine. It was easy to connect these levies with a supposed intention of landing Stafford's army in Wales. On the following day the articles against Strafford were put to the vote in the House. As soon as the first was read Sir John Strangways asked by what witnesses it had Articles ' been substantiated, and Sir Guy Palmer seconded sfSffbrd his demand for a reply. They were told that the voted. House must be content to leave such matters to the committee. When the question was put, more than a third of the members present remained silent The Speaker told them that everyone was bound to say either Aye or No ; f after which,' writes D'Ewes, ' the Ayes were many and loud. 3 The remaining articles were then voted and transmitted to the Lords. 3 Slight as the indication of feeling was, it gave evidence 1 D'Ewes's Diary, HarL MSS. clxii. fol. 176. Strafford to Ormondj Feb. 3, Cartis Ormond, v. 245. 2 D'Ewes says it was in 1638, but this is plainly a mistake. 3 D'Ewes's Diary, HarL MSS. clxii. fol. 182. 1641 THE QUEEN* S PROPOSED JOURNEY. 271 that the unanimity with which the Commons had hitherto proceeded, might not last for ever. Even if Charles had been capable of profiting by this position of visa France. ^^ j^ wou j^ ^Q^Q been sadly hampered by the Catholic surroundings of the Queen. Henrietta Maria was violently annoyed by the late action of Parliament in demand- ing Goodman's execution and the expulsion of Rossetti, and by the summons issued to her secretary and her favourite com- 'panions to give an account of themselves before the House of Commons. She suddenly discovered that the English climate was injurious to her health, and that she was in danger of falling into a consumption. It would therefore be necessary for her to visit France in April. Preparations for her journey were ostentatiously made. Doubtless it was not mere vexation which brought the Queen to this resolve. Before April came she might expect an Herprobabie answer to her application to Rome, and she probably object. hoped that the result would be the direct intervention of the French Government on her behalf. She may very well have judged it more prudent to be absent from England when that intervention took shape. If such were her thoughts, she little knew Richelieu. The Cardinal, by whom France was ruled, cared nothing for the family relationships of his master, nothing even for the interests of his Church when they clashed with those of his country. Instead of despatching a new am- bassador to threaten violence on behalf of the Catholics, he instructed Montreuil to enter into communications with the popular party, and to explain that it would be agreeable to France if Rossetti were allowed to remain. Holland, who was in opposition to the Court, simply because he had not latterly partaken sufficiently of its favours, answered that he would do all that lay in his power to forward the Cardinal's wishes. It was not to be expected that Richelieu would entangle himself for Rossetti's sake in English political strife. 1 1 Montreal's despatches, ^-2?, Feb. ^, BibL Nat. Fr. 15,995, ol. 183, 187. Rossetti to Barberini, |r^f, R* 0. Transcripts. Giustinian to the Doge, j^ Ven. Transcripts, R. O. 272 THE ECCLESIASTICAL DEBATES. CH. xcvi. In the terror which was engendered by mutual distrust, Charles and the Commons were alike looking about them for support The Commons had the advantage in their firmer grasp on the actual conditions under which the struggle was Feb w to be conducted. On February 3 they voted that Brotherly 3oo,ooo/. should be given to the Scots under the name of a Brotherly Assistance. With this the Scottish Commissioners were completely satisfied, and all chance of breach between the two kingdoms came to an end. 1 Charles took the hint As he had often done before, he threw over the Catholics. He announced that Goodman should Charles be left to the judgment of the Houses, though Jhecath e . r ne hoped that they would remember that severity lies. towards Catholics in England would probably lead to severity towards Protestants in the Catholic States on the Con- tinent A proclamation should be issued ordering all priests to leave England within a month, on pain of being proceeded against according to law. As to Rossetti, he was in England to maintain the personal correspondence between the Queen and the Pope, which was warranted by her marriage treaty, as being necessary to the full liberty of her conscience. Nevertheless, she was prepared to dismiss him within a convenient time. 2 The Commons took no further interest in Goodman's fate. He was allowed to remain unmolested in prison. It was not merely the death of one particular priest that had ieftin man been the object of so much clamour. The resent- m ent of Parliament had been roused by the notorious connection of the Queen's Court with intrigues which were the more terrible to the imagination because they were shrouded in mystery. The day after the King's message had been de- livered, the Queen sent a communication to the The Queen's Commons. Her project of visiting France had not message. ^ e en rece i ve d ^th favour even by her own counsel- lors. The Protestant Henry Jermyn and the Catholic Walter 1 The Scottish Commissioners in London to the Committee at New- castle, Feb. 6, Adv. Libr. Edin. 33, 4, 6. 2 L, y. iv. 151. D'Ewes's Diary, Harl AfSS. clxiv. fol. 112. i64i ^A r OVERTURE FROM THE QUEE3T. 273 Montague agreed in preferring an easy life at Somerset House to the uncertainties of exile. Jermyn's father, Sir Thomas, was therefore commissioned to inform the House of the Queen's earnest desire to establish a good understanding between her husband and his subjects, and to plead her ignorance of the law in palliation of any illegality which she might inadvertently have committed. 1 In making this overture, Henrietta Maria was probably actuated by hopes which she had recently begun to entertain. At the same time that she had been proposing to appeal to foreign powers, she had been holding secret interviews with Bedford and Pym, and had agreed to recommend the one as Lord Treasurer, the other as Chancellor of the Exchequer. She probably fancied that everything was to be gained if the Parlia- mentary leaders could be won, and her message was evidently intended to smooth away all remaining difficulties. The Com- mons, however, were not much inclined to consider Answer of - . . the Com- this message as more serious than it really was. mons. When Jermyn finished there was a long silence. Some members then urged that they should proceed to the business of the day without taking any notice of it. A pro- posal made by Lord Digby to ask Jermyn to return thanks to the Queen was coldly received, though, in order to save ap- pearances, it was at last adopted. Another proposal that a committee should be appointed to draw up formal thanks to her received no support. 2 The possibility of an understanding between the King and the Commons seemed to be farther off than ever. 3 Nor could Charles find comfort in the action of Feb. s . the Lords. On the 5th the Triennial Bill was read a mat Bfflfc" tllirci time ^7 tlie peers. Both Houses, of one mind the Lords, in attacking the influence of the Catholics at Court, were also of one mind in their determination that from hence- forth the King should carry on the government in compliance with the wishes of Parliament 1 Sir J. Coke the younger to Sir J. Coke, Feb. 2, Melbourne MSS. Compare Mdm. de Madame de Motteville> ch. ix. 2 Rusk-worth, iv. 129 D'Ewes's Diary, HarL A1SS. clxii. fol. 176. 3 D'Ewes's Diary, HarL AfSS. clxii. fol. 197. VOL. IX. T 274 THE ECCLESIASTICAL DEBATES. CH. xcvi. If it had been possible for Charles to throw himself frankly upon his subjects, he would probably soon have found himself The church o^ c ^ more a force in England. The Church question qu^on. was pressing for a solution, and the unanimity which had characterised the nation in its outburst of anger against the Laudian coercion was not likely to be maintained now that Laud's authority was at an end. The lawyers and the country gentlemen were indeed firmly resolved that if the bishops were to continue to exist, they must be brought under sub- jection to parliamentary law and their authority seriously curtailed. But when this was once settled, another question equally urgent was certain to arise. A large number of theorists, gaining strength from the hatred which the bishops had drawn upon themselves, argued that Episcopacy was anti- Christian. A smaller number of theorists argued that Episco- pacy was of Divine institution. To the mass of men it was a mere matter of convenience. To the bulk of religious men, or of men who, without being supereminently religious, were under the influence of religion, it mattered much more how the wor- ship of the Church was conducted than how the clergy were governed. Laud had roused all the old dislike of the forms of the Church into new life. There was eager and bitter criticism of the Prayer-book abroad, and there was a large portion of the population of the towns which would have cast out the Prayer- book altogether. Such could never have been the aim of the people as a whole. The new changes imposed by Laud, the removal of the communion-table to the east end, the enforce- ment of bowing when the name of Jesus was pronounced, the compulsory abstinence from work on Saints' days, must of necessity be abandoned. But the majority in all probability the large majority of Englishmen wanted no more than this. There were thousands to whom the old familiar words of the Prayer-book were very dear, and to whom its lofty piety and restrained emotion had long served as the sustenance of their spiritual lives. It was to this feeling that Bishop Hall now appealed. Ifos Iliimbh Remonstrance for Liturgy and Hnmbie Re- Episcopacy appeared in the last week in January. Its monstrance. ^^ ^^ ^^ ^ -^^ gjg^fi^^ The q uest j on w h at was to be the Liturgy of the Church had taken a precedence 1641 HYDE AXD FALKLAND. 275 over the question of Episcopacy which he had not conceded to it in the preceding year. Xo doubt he argued warmly now, as then, on behalf of the Divine authority of bishops. But his main contention was in favour of the excellence of the Book of Common Prayer, and of its adaptability to every mood of Christian devotion. He admitted that some things might call for a reformation ; but, when existing grievances had been Redressed, the ancient building might well be left with all its fair proportions unimpaired. Xo wonder Charles liked the book well. No wonder, too, that those who were bent on es- tablishing Presbyterianism in England held that all others pitied it 4 as a most poor piece. 3 1 If Episcopacy in its actual form found few supporters in England, Presbyterianism was not without its enemies. Though Feb g many minds had received a strong Puritan impress Feeiint? from the ecclesiastical domination of the past years, FrSby- there were others, scarcely less numerous, which were teriamsm. fi[\Q& w jth a distrust of the government of ecclesiastics in any form whatever, and who thought that the yoke of a popular clergy was likely to be far harder than the yoke of an unpopular clergy had ever been. In the House of Commons this distrust of Presbyterianism was widely spread. It found expression especially in three men in Hyde, in Falkland, and in Digby, the lawyer, the scholar, and the gentleman. Hyde was taking no mean part in the work of cutting away the extraordinary powers which had been acquired by the Crown since the accession of the House of Tudor. yde " He was zealous with more than ordinary zeal to establish the supremacy of the law. But with him the supre- macy of the law was almost equivalent to the supremacy of lawyers. He fully shared in the contempt which is always felt by the members of a learned profession for those who are outside its pale. He had no idea that sovereignty when once taken away 'from a king, must be transferred to a nation. He had no sympathy with Pym's trust in the supremacy of the House of Commons. Being himself without strong passions, he never took account of the existence of strong passion in 1 Baillie^ i. 293. T 2 276 THE ECCLESIASTICAL DEBATES. CH. xcvi. others. The Church of his ideal was one in which there would be no enthusiasm and no fanaticism, no zeal of any kind to break up the smooth ease of existence. He loved the services of the Church, but he loved them rather because they were decorous than because they were expressive of spiritual emotion. Far nobler, if also far weaker, was the character of his friend Falkland. Falkland saw, before Milton saw it, that new presbyter would be but old priest writ large. He feared lest intellectual liberty would suffer from the new Church government as it had suffered from the old Although in some respects Lord Digby, Bristol's son and heir, stood nearer to Falkland than to Hyde, his distrust of Presbyterianism was rather the feeling of the polished r>igt>y. gentleman , versed in the ways of society than that of the truth-seeking student. Possessed of every quality which lifts a man to success, except discretion, he looked down with the scorn of conscious power upon the sophisms which passed muster in a popular creed. His versatility and lack of principle made him easily the dupe of flattery, and the most brilliant of living Englishmen ended a long career without attaching his name to any single permanent result either for good or for evil. There can be little doubt that the Queen had already gained him over. At the opening of the Parliament he had cried out as loudly as anyone against the iniquities of the Government In the late debate on the Queen's message it had been his voice which had asked that formal thanks might be returned to her for the friendly assurances which she had given. On February 8 the most momentous debate of these months was opened in the Commons. Formally the question at issue The debates was whether the London petition, which asked for the dL&tttei abolition of Episcopacy, should be sent to a com- petitions, mittee as well as the ministers' petition which asked only that the bishops might be restrained by certain defined rules. The debate was opened by Rudyerd. He ar- ^ gued in faycmr of a scheme Qf limited Episcopacy, according to which the bishop, being excluded from political 1 64 1 LORD DIGBY. 277 functions, would be bound in ecclesiastical matters of importance to take the advice of a certain number of the clergy of his Digby's diocese. 1 Then Digby followed No one, he said, was speech. more ready than he to join in clipping the prelates' wings, but he could not join in their extirpation. The secret of his displeasure was not long concealed. He poured out his contempt on the 15,000 citizens who had signed the London -petition, as well as on the petition itself. He spoke of it as a comet with a terrible tail pointing towards the north. " Let me recall to your mind," he said, " the manner of its delivery, and I am confident there is no man of judgment that will think it fit for a Parliament under a monarchy to give countenance to irregular and tumultuous assemblies of people, be it for never so good an end." The petition itself, he declared, was filled with expressions of undeniable harshness, and its conclusion was altogether illogical. It argued that because Episcopacy had been abused, its use must be taken away. Parliament might make a law to regulate Church government, but it was mere presumption for those who were outside Parliament to petition against a law actually in force. Having thus assailed the petitioners, Digby turned round upon the bishops. " Methinks," he said, "the vengeance of the prelates hath been so layed, as if it were meant no generation, no degree, no complexion of mankind could escape it. . . . Was there a man of nice and tender conscience ? Him they afflicted with scandal, . . . imposing on him those things as necessary which they themselves knew to be but indifferent Was there a man of a legal conscience that made the establishment by law the measure of his religion ? Him they have nettled with innovations, with fresh introductions to Popery. . . . Was there a man that durst mutter against their insolencies? He may inquire for his 4 lugs ' ; they have been within the bishops' visitation, as if they would not only derive their brandishment of the spiritual sword from St Peter, but of the material one too, and the right to cut off ears. For my part I profess I am 1 Rushworth, iv. 183. There are short notes of the debate in D'Ewes's Diary, Harl. JlfSS. clxiL 206. The speeches are given by Rushworth. in a wrong order and assigned to a wrong date. 2jS THE ECCLESIASTICAL DEBATES. CH. xcvi. so inflamed with the sense of them, that I find myself ready to cry out with the loudest of the 15,000, e Down with them ! down with them ! ' even unto the ground." Other considerations held him back. It was impossible that institutions which had existed since the time of the Apostles could have in them * such a close devil ' that no power could ' exorcise ' it, or t no law restrain ' it. He was much deceived * if triennial Parliaments would not be a circle able to keep many a worse devil in order.' He knew of no other govern- ment which might not prove subject to c as great or greater inconveniences than a limited Episcopacy.' Then, pointing his meaning still more plainly, he expressed his firm belief that monarchy could not stand with the government of Presbyterian assemblies. Assemblies would be sure to claim the right of excommunicating kings ; and if a king/ he ended by saying, ' chance to be delivered over to Satan, judge whether men are likely to care much what becomes of him next.' Falkland followed in a higher strain. He dwelt more on the effect of Laud's exercise of power on thought than on its effect upon persons. He told how preaching had been dis- couraged how the King's declaration, whilst ostensibly im- Faikiand's posing silence on both parties, had been used to speech. silence one ; how the divine right of bishops, the sacredness of the clergy, and the sacrilege of impropriations had been * the most frequent subjects even in the most sacred auditories/ Some of the bishops Montague was doubtless in his thoughts had so industriously laboured to deduce them- selves from Rome, that they had given great suspicion that in gratitude they ' desired c to return thither, or at least to meet it half-way.' " Some," he then said, "have evidently laboured to bring in an English, though not a Roman, Popery ; I mean not only the outside and dress of it, but equally absolute, a blind dependence of the people upon the clergy, and of the clergy upon themselves ; and have opposed the Papacy beyond the seas, that they might settle one beyond the water." " Nay," he added, with bitter reference to Bishop Goodman, "common fame is more than ordinarily false if none of them have found a way to reconcile the opinions of Rome to the preferments of 1 54i KATHAXIEL FIEXXES. 279 England \ and to be so absolutely, directly, and cordially Papists, that it is all that i,5oo/. a year can do to keep them from confessing it." With all this, and with much more than this, Falkland could see no necessity for the abolition of Episcopacy. Let all laws be repealed which empowered the bishops to persecute, and let no ceremonies which any number counts unlawful, and "no man counts necessary, be imposed against the rules of policy and St. Paul. " Since, therefore," he said, " we are to make new rules, and be infallibly certain of a triennial Parlia- ment to see those rules observed as strictly as they are made, and to increase or change them upon all occasions, we shall have no reason to fear any innovation from their tyranny, or to doubt any defect in the discharge of their duty. I am as con- fident they will not dare either ordain, suspend, silence, excom- municate, or deprive, otherwise than we would have them." l It was with the sure instinct of a true debater that Na- thaniel Fiennes, Lord Saye's second son, replied to Digby and Fiennes re- not to Falkland. That ecstatic vision of a Liberal FatkiaSd'but Church, where no ceremonies were enforced which to Digby. were unpalatable to any considerable number of the population, had no hold on the actual world around. In answer to Digby, Fiennes vindicated the right of petition, against the notion that the House of Commons was to stand apart from its constituents, and to legislate regardless of their wishes. Going over once more the long catalogue of the oppressions inflicted by the bishops, Fiennes traced the mischief, as Bacon had traced it before, to the fact that bishops had acted despoti- cally and alone. Assemblies, he thought, were not so adverse to monarchy as they appeared to be. It did not, however, follow that the presbyterian system must be introduced be- cause Episcopacy was abolished. It might be that the Church would be most fitly governed by commissioners appointed by the Crown. 2 Whatever might be the merit of this suggestion, 1 JRwhworth, iv. 184. 2 It will be afterwards seen that the celebrated Root-and -Branch Bill, in its final shape, provided for the exercise of espiscopal jurisdiction by lay commissioners. 280 THE ECCLESIASTICAL DEBATES. CH. xcvi. there can be no doubt that Fiennes kept his eye more closely than Digby had done upon the stern fact that the bishops of that generation had not merely acted harshly to individual Englishmen, but had opposed themselves to the Parliamentary conception of government. " Until the ecclesiastical govern- ment," said Fiennes, " be framed something of another twist, and be more assimilated to that of the commonwealth, I fear the ecclesiastical government will be no good neighbour unto the civil, but will be still casting of its leaven into it, to re- duce that also to a sole absolute and arbitrary way of proceed- ing." Xor was it the political constitution alone that was en- dangered. "A second and great evil," added Fiennes, "and of dangerons consequence in the sole and arbitrary power of bishops over their clergy is this, that they have by this means a power to place and displace the whole clergy of their dio- ceses at their pleasure ; and this is such a power as, for my part, I had rather they had the like power over the estate and persons of all within their diocese ; for if I hold the one but at the will and pleasure of one man I mean the ministry under which I must live I can have but little, or at least no certain, joy or comfort in the other. But this is not all ; for if they have such a power to mould the clergy of their dioceses ac- cording to their pleasure, we know what an influence they may have by them upon the people, and that in a short time they may bring them to such blindness, and so mould them also to their own wills, as that they may bring in what religion they please ; nay, having put out our eyes, as the Philistines did Samson's, they may afterwards make us grind, and reduce us unto what slavery they please, either unto themselves, as formerly they have done, or unto others, as some of them lately have been forward enough to do." Fiennes had yet more to say against the existing ecclesiastical system, He declared that excommunication had been degraded to a mere instrument for raising fees. In every respect the temporal part of the bishop's office had eaten away the spiritual. Bishoprics, deaneries, and chapters were like useless trees in a wood. They hindered the more profitable timber from growing. If would be much better to supply their places with preaching ministers. In con- 641 PARLIAMENTARY PARTIES. 281 :lusion, he refrained from asking the House to abolish Episco- pacy. He would be content if the Londoners* petition were referred to the committee for its report 1 On this ground the debate proceeded Almost every member of note in the House, and very many who were of no . note at all, rose to express an opinion on one side Continuance ' r r of the or the other. Pym and Hampden, St. John and Holies, the future leaders of the Parliamentary party, were all for the committal of the petition ; though Pym is re- ported to have said ' that he thought it was not the intention of the House to abolish either Episcopacy or the Book of Com- mon Prayer, but to reform both wherein offence was given to the people. 72 Hyde and Culpepper, Selden, Hopton, and Waller, the royalists of the days of the Grand Remonstrance, followed Digby and Falkland. Slight as the difference might be between those who took opposite sides on that day, their parting gave the colour to The begin- English political life which has distinguished it ever Parliament- since, and which has distinguished every free govern- ary parties. men t which has followed in the steps of our fore- fathers. It was the first day on which two parties stood op- posed to one another in the House of Commons, not merely on some incidental question, but on a great principle of action which constituted a permanent bond between those who took one side or the other. How much was implied in this separa- tion of Parliament into two bodies, each of them habitually acting together, was little known then. For some little time it was only on one question that each group acted together at all. As that question rose into prominence it swallowed up all other questions, and those who had taken their sides on this February 8 were found agreeing or differing on all other points as they had agreed or differed then. It is absurd to speak of the two parties which came into existence on that day as answering in any way to our present 1 Rtiskworlh, iv. 174. 2 Bagshaw, A Just Vindication, 1660 (518, i. 2). Bagshaw, who was at this time member for Southwark, speaks of Pym as c a gentleman with whom I had familiar acquaintance, and knew his niind in that point.* 282 THE ECCLESIASTICAL DEBATES. CH. xcvi. political divisions. It might seem at first, indeed, that no Quc-ti-n & reat P ^* ^ question W as at issue at all Both sides o-t-susiUy at professed, and honestly professed, that they were in favour of that limitation of monarchy which was implied in the passing of the Triennial Bill into law. Both sides honestly professed that they wished the Church to be under restrictions imposed by Parliament Even in purely ecclesias- tical matters there was a large amount of agreement. Digby wished, as little as Fiennes, to see the bishops again in posses- sion of the powers which they had hitherto wielded, or dreamed for an instant of acknowledging any divine right in their order. The difference between the two parties lay in this. The one wished to leave the work of teaching and of conducting re- ligious worship to the ministers themselves, whilst assigning to lay authorities all coercive jurisdiction. The other wished to retain the bishops as depositaries of coercive jurisdiction, whilst placing them strictly under the supervision of Parliament. Such at least was the question ostensibly at issue. If there had been no more than this between the parties, that question The real would doubtless have been settled one way or an- caus* of other without much more heart-burning than attends the settling of any complicated political difficulty in our own times. Both parties felt instinctively that the question before them was more than one of the arrangement of the manner in which coercive jurisdiction was to be exercised. It was rather a question of influence. The possession of the pulpit brought with it the power of moulding the thoughts and habits of men, which can only be compared with the power of the press in modern times. That the clergy would be far more Puritan than they had been in the days of Laud was perfectly evident Even if Fiennes succeeded^ In establishing a body Objects of of lay commissioners to impose fines and imprison- fenders of ment upon ecclesiastical offenders, or to decide testa- Episcopacy. m entary and matrimonial causes, they would have no power whatever to withstand the vast current of opinion which would be created by the Puritan clergy, and which would bear hardly upon those who by character, by position, or by intellect, were inclined to stand apart from the mass. To Pym 1641 THE EPISCOPALIAN PARTY. 283 and Fiennes the danger was an unreal one. Partly they were thinking too much of combating the immediate evil before them to think at all of providing against an evil in the future, and partly they sympathised too strongly with the Puritan teaching to be anxious to provide for the case of those who disapproved of it. In some sort, therefore, the party which followed Digby and .--Falkland was groping about in search of a shelter against the Their oppressive monotony of a democratic Church. But weakness. t e y ne j t h er took a true measure of the proportion of the mischiefs to be counteracted, nor had they any clear con- ception of the fitting remedy to be applied. The immediate work of the day was to give to the ecclesiastical institutions of the nation, as Fiennes said, another twist, to bring them into some tolerable harmony with the religious feeling of the greater part of the nation. The next thing to be done was to provide space and room enough for the free play of religious and social life outside the organisation of the majority. What was really needed was the proclamation of religious liberty. It was precisely the thing of which no man in the House had any conception. Those who came nearest to it, Falkland and Selden, cried out for the maintenance of bishops. Undoubtedly there are conditions under which bishops are much safer guardians of religious liberty than Presbyterian Assemblies are likely to be. It was hardly the moment when this could be successfully alleged. The existing bishops, in all good conscience no doubt, had shown themselves strangely in- tolerant. Their wannest defenders asserted loudly that if they were to be retained at all they must be something very different from anything that they had been in past years. What Falk- indefinite- * an( * anc * ^'^7 ff ere d to the world was, not a set ness of their of living men qualified to guide the Church, but a mere suggestion that a set of men, who had con- spicuously failed in guiding it with reasonable prudence, might gradually be replaced by others who would understand their duty better, though no one knew on what principle the bishops of the future were likely to be selected. Pym's followers asked for inquiry with a definite object in view. Digby and 284 THE ECCLESIASTICAL DEBATES. CH. xcvi. Falkland resisted inquiry, and had no definite plan of their own to offer. Xo doubt the defenders of Episcopacy spoke of parlia- mentary and legal restrictions on the exercise of the office. But it needs little acquaintance with the world to know that no restrictions will make efficient leaders. It is better not to have a guide at all than to have one who is hampered at every turn, or who has no clear idea in what direction he wishes to go. The direction in which the new bishops were to go would depend very much upon the persons who had the selection of them. On this point, however, no new suggestion was made. There might be differences of opinion as to whether the bishops were the successors of the Apostles or not, as to whether they had been wise or foolish, self-seeking or self-denying. But Thebisho s ^ was ^ m P oss ^le to deny that they had been the the King* King's nominees, and, for all that was said in the de- bate, it would appear that the defenders of Episco pacy intended that they should remain the King's nominees still. By this consideration the question was carried at once into the region of general politics. The supporters of Episco- pacy would gradually become supporters of the independent authority of the Crown. They would become apt to overlook Charles's faults, and to trust him more than he deserved to be trusted. Those, on the other hand, who wished to be quit of bishops, lest in retaining them in the Church they should be retaining influences bitterly hostile to the parliamentary system which they wished to found, would only be confirmed in their distrust of a king to whom the bishops looked for support, and did not look in vain. It is not probable that any decided resolution had been taken by the leaders of the party which associated itself with Fiennes Portion of on this question, beyond that required by the exigen- p y m - cies of the moment. Pym does not appear to have spoken at any length. He sympathised to some extent with the root-and-branch policy, and he had made up his mind that the institutions of Church and State must both receive another twist The exact way in which this was to be accomplished must depend upon the course of circumstances, and especially upon the conduct of the King. i64i THE ROOT-AXD-BRAXCH PARTY. 285 "When the debate was resumed the next day, Pennington stood up to vindicate the conduct of his constituents. Those who had signed the petition, he said, were men of worth and known integrity; and if there were any mean men's hands to Feb. 9 . it, yet, if they were honest men, there was no reason The ad- k ut t h e j r hands should be received If pressure had journea t t * debate. been used, it would have been signed not by fifteen thousand but by fifteen times fifteen thousand. defenSftS! It was thus that the Root-and- Branch party took up petitioners. ^ cause o f ^Q masses . it wa s not enough that the control over religion should be wrested from the King and the bishops, to be handed over to the educated classes which alone found a place in the House of Commons. No wonder the prospect thus opened was disagreeable to those who were determined not to be dictated to by Laud, but who could see no reason why they should not themselves dictate to the artisans and Argument of peasants whom they despised. " If we make a parity Strangways. j n t fc e Church," said Sir John Strangways, " we must come to a parity in the Commonwealth. The bishops are one of the three estates of the kingdom, and have voice in Parlia- ment." In these few words Strangways had given voice to the strength and the weakness of his party. Large numbers of the country gentlemen who had shown a firm front to the aggres- sions of the Crown, who had resisted the payment of ship- money, and who had risen up against Laud's ecclesiastical system, had no sympathy with Puritanism, especially when it took a popular form. From self-interest or principle, they held that government was for the few and not for the many, and that the mass of men, ignorant and immersed in the toils of life, were little capable of solving the intricate problems of politics and religion. 1 They thought with Shakspere 1 In the Cheshire petition against Presbytery, presented to the Lords on Feb. 27 (E. 163) various objections felt by laymen to the abolition of Episcopacy are well brought out. " We cannot but express our just fears that their desire is to introduce an absolute innovation of Piesbyterial government, whereby we who are now governed by the Canon and civil laws dispensed by twenty-six ordinaries, easily responsible to Parliament for any deviation from the rule of law, conceive we should become exposed to 286 THE ECCLESIASTICAL DEBATES. CH. xcvi. Take but degree away, untune that string, And hark, what discord follows ! each thing meets In mere oppugnancy. The bounded waters Should lift their bosoms higher than the shores, And make a sop of all this solid globe : Strength should be lord of imbecility, And the rude son should strike his father dead. Force should be right ; or rather, right and wrong (Between whose endless jar justice resides) Should lose their names, and so should justice too. Then everything includes itself in power, Power into will, will into appetite ; And appetite, an universal wolf, So doubly seconded with will and power, Must make perforce an universal prey, And, last, eat up himself. Strangways' words about parity in the commonwealth were more than Cromwell could bear. fi He knew no reason,' he Cromwell's said ' of those suppositions and inferences which reply. the gentleman had made. 3 His look -and tone were probably more irritating than his words. Cries of 'To the bar!' were heard from Strangways' friends. Pym and Holies intervened, and Cromwell was allowed to finish his speech. He repeated that he did not understand ' why the gentleman that last spake should make an inference of parity from the Church to the Commonwealth, nor that there was any necessity of the great revenues of the bishops. He was more convinced touching the irregularity of bishops than ever before, because, like the Roman hierarchy, they would not endure to have their condition come to a trial.' The reply was characteristic of Cromwell. To the truth the mere arbitrary government of a numerous Presbytery, who, together with their ruling elders, will arise to near forty thousand Church governors, and with their adherents must needs bear so great a sway in the Common- wealth, that if future inconvenience shall be found in that government, we humbly offer to consideration how these shall be reducible by Parliament, how consistent with a monarchy, and huw dangerously conducible to an anarchy, which we have just cause to pray against, as fearing the con- sequences would prove the utter loss of learning and laws, which must necessarily produce an extermination of nobility, gentry, and order, if not of religion." 1641 A COMPROMISE. 287 which lay behind the objections of his opponents he was wholly blind. For the practical work of the moment he was intensely keen-sighted. Bishops to him were not the ideal bishops who had their existence in Falkland's brain, but the actual Laud and Wren who were then existing in England in bodily shape. These men had stood in the way of that stern Protestantism which was all in all to him. They had imposed superstitious _ ceremonies. They had persecuted the saints. The work of the day was to break down their power. What was to be done next, or what would be the remote consequence of what he was doing, he did not care to inquire. The temper which had been provoked may have warned the leaders on both sides, that no good object would be attained by prolonging the discussion. Falkland and Cul- A compro- -- .. . mise ac- pepper offered, a compromise. They suggested that oepted. the gj. eater p art O f t h e Londoners' petition should be referred, together with the petition of the ministers, to the pro- posed committee, but that the special question of Episcopacy should be reserved for future consideration by the House itself. Though many voices were raised against this suggestion, it was ultimately adopted without a division. A division, was, how- ever, subsequently taken, on the addition of six names, three from each side, to those of the committee of twenty-four previously appointed for Church affairs. This proposal was resisted by the supporters of Episcopacy, possibly on the ground that they did not expect that the weight of Roe, Holborne, and Palmer, who were named from their own side, would be equal to that of Holies, Fiennes, and the younger Vane on the other. They were, however, defeated by a majority of thirty-five. l Falkland and Culpepper had gained for Charles that respite which was all that he could reasonably expect. If he had done Charles n W ^^ k e di(i eleven months later, and had sum- gabs a moned the leaders of the minority to his counsels, respite; frankly placing in their hands full authority to deal with the Church question as they thought best, the minority would in all probability soon have become a majority. If not, 1 C. J. ii. Si. Rusk-worth, iv. 187. D'Ewes's Diary, Harl. clxii. 209, clxiv. 115. 288 THE ECCLESIASTICAL DEBATES. CH. xcvi. the power of dissolution was still in his hands, and it is quite possible that a fresh appeal to the country would have given him an unexpected strength, if it were once understood that he had broken honestly and for ever with the old system. The existing Parliament had been elected when the Court was at the height of its unpopularity, and it was conse- quently more Puritan in its composition than the country itself. That even under the most favourable circumstances, the leaders of the minority would have been able to offer a perma- nent solution of the Church problem, may well be doubted. That problem was too complicated in itself, and it cut too deeply into the ingrained habits of Englishmen; to make it likely that it would be settled so easily. Much, however, would have been gained if a temporary solution could have been found to ward off that entire breach between the constitutional powers which was the fruitful parent of so much material and moral evil to that generation and the next. Unfortunately, Charles was not likely to employ well the respite which had been gained. He took up now, as he had which he ta -ken U P before, one project after another for the re- knolw storation of an authority which he had never known to use. how to use, brooding over each in turn, without settled purpose of any sort. The day after the conclusion of Feb. 10. the Church debate in the Commons, he announced The mar- ^ that his daughter's marriage treaty had been brought riage treaty. the terms of a political alliance between England and the Dutch Republic. 1 Almost at the same time the Queen Mother de- The Queen clared to Rossetti, as a positive fact, that the young e^cSons bridegroom was to land in England at the head of from it. 20,000 men. Immediately on his arrival, the King would dissolve Parliament, and liberate Strafford, in order to entrust him with the reins of government. Other troops would be found to give support to the King, and in all probability France and Ireland would not be wanting in the emergency. 2 > Z. J. iv. 157. 2 Rossetti to Barberini, Feb. ^, J?. Q. Transcripts. i64i THE IRISH ARMY. 289 It is not likely that Charles had definitely thought out all this plan, any more than it is likely that the Prince of Orange had definitely decided on sending an army to England with his son. It was enough that Charles lived in an atmosphere in which such plans were constantly discussed. He might, indeed, comfort himself with the thought that not a soul in the House of Commons knew anything of his hopes from Dutch X>r French intervention but he could not expect anyone to be blind to the danger from Ireland. On the nth Sir Walter Erie Feb. ii. brought up a report from a committee appointed to Stilish 1 ^ nc l ll * re * nto ^ e condition of the Irish army. The army. report was not likely to allay the fears which were generally entertained. The Irish troops, said Erie, were so quartered, that 'within two or three days three or four thousand of them might upon any design be drawn together.' They had arms and munitions, and StrafTord was still their general. Evidence was then produced to show that the Catholic Earl of Worcester had been employed to levy troops in Wales in the preceding summer, and a statement was made, though no documentary evidence was produced in its support, that the Irish army was to have landed at Milford Haven in order to act in combination with Worcester's force. 1 If Charles had desired to close the ranks of the House of Commons against him, he could not have hit on a better plan The Com- ^an on ^ s menace f an * r i sri army suspended over more their heads. Both parties in the late debate were unanimous . . . against the unanimous m distrusting the Catholics. Both parties Catholics. - . , . too, were unanimous in denouncing that system of personal government to which Charles was so fondly attached. It was now on a report from Hyde, and by the lips of Cul- Feb. 12. pepper, that Berkeley, whose language in the ship- SSfrf h " raoney case had been more extravagant than that Berkeley. o f an y other judge on the Bench, was impeached of high treason. The Lords at once sent Maxwell to bring him to their bar, He was found sitting as a judge in the Court of King's Bench. Maxwell ordered him to descend, and he had nothing for it but to obey. He was at once committed to the 1 D'Ewes's Diary, HarL MSS. clxii. fol. 215. VOL. IX. U ago THE TRIENNIAL ACT. CH. xcvi. custody of one of the sheriffs. The scene produced an im- pression on the bystanders which was hardly equalled by that which had been produced by the arrest of Strafford himself. Parliament could reach a judge at Westminster. ' It was more difficult to deal with nine thousand armed men beyond Feb. 13. the Irish Channel. The Commons resolved to ask p ^j tio t n the the Lords to join them in petitioning for the dis- iri"harmy. banding of the Irish army, the disarming of the English Catholics, and the dismissal from the Queen's Court of four obnoxious personages. It would have been Charles's highest wisdom to have antici- pated these demands. The one thing necessary to him was to awaken confidence, and the suspicion of danger from the Irish army would always be a source of weakness to him as long as that army remained on foot.' Yet he had no thought of giving way. He preferred to retain a weapon which he could not use. He did not indeed feel himself able to offer at all points a Feb ^ stubborn resistance. On the isth the Subsidy Bill The Subsidy and the Triennial Bill were ready for the Royal TrienSfai he assent. A deputation from both Houses urged him BilL to pass them both. He answered surlily that they should know his resolution on the following day. When the next day came he had made up his mind to give way. Mem- bers of Parliament had been heard to say that if the Triennial Bill were rejected, they would stop all business till the King had changed his mind, 1 As the subsidies could not be employed except by directions from Parliament, such a reso- lution would leave Charles with two unpaid armies in the North upon his hands. On February 16, therefore, Charles appeared in the House of Lords to give the required assent to both the Bills. He had come, he said, to fulfil his promise of placing himself in the hands of his Parliament by yielding up one of the fairest flowers 1 Giustinian to the Doge, jj-^j ^ n - Transcripts. Salvetti's News- Letter , y^ 1 [ 9 J Giustinian speaks of the threats as having been used in Parliament. Most likely they were only used in private conversation between members, but the thing may have been said in open debate. 1 64 1 CHARLESES REMONSTRANCE. 291 of his garland. He hoped that in return they would begin to Feb 16 ti^k f ki m > instead of thinking only of their own They re- * grievances. He had already spoken of two rocks in theRoyai the way. He had now removed one of them. If a ^ ent - the other rock should be as happily passed over, they could ask nothing which he would be unwilling to yield. ''Hitherto," he added, "to speak freely, I have had no great ^encouragement to do it. If I should look to the outward face of your actions or proceedings, and not look to the inward intentions of your hearts, I might make no question of doing it. ... A skilful watchmaker, to make clean his watch, will take it asunder, and when it is put together it will go the better, so that he leave not out one pin of it." In the afternoon, when the Houses came to return thanks for his acceptance of the Triennial Bill, he was more gracious. He said that he had resolved to rule by Parliaments even if no such Bill had been offered to him. He hoped they would never have cause to complain of the infrequency of Parliaments. As he had satis- fied their desires he hoped they would in due time think of providing for the kingdom and himself. 1 The words, doubtless, expressed at least a momentary phase of Charles's mind. If Parliament would content itself with keeping in working order the old machinery of government, and replacing every pin of it, Charles had no objection to frequent Parliaments. The postponement of the discussion on Episcopacy may perhaps have given him some hope that this would be the case. Charles would soon learn how very different were the views of the House of Commons. The debate on Episcopacy might Delay of be postponed, because none of the leading members desired to thrust into the foreground a question on which there was such a wide difference of opinion. Stafford's trial could not be postponed much longer. Already many were growing impatient of the time which the Lords, in fairness to the prisoner, had allowed for the preparation of his defence to so complicated a charge* That impatience was by no means confined to the party which afterwards stood up 1 Rushwortli, iv. iSS b. D'Ewes's Diary, HarL MSS. clxiv. fol. 119. U 2 292 THE TRIENNIAL ACT. CH. xcvi. against the King. Capel, who was one day to shed his blood for the Royal cause, now urged with general assent that the Lords ought to compel Strafford to give in his answer. The Earl had had a fortnight for its preparation, and surely he could want no more. 1 The next morning, as the House was in full debate, a strange interruption occurred. It was whispered that Strafford Feb. 17. was in a barge on the Thames on his way to the befb?the House of Lords. A crowd of members rushed to Lords. the windows to see him pass. Another crowd fcthe emcnt Pl un e d through the doorway to have a still nearer Commons, view of the fallen Minister. When order was re- deia^ er stored it appeared that he had asked for further allowed. delay, and that the Lords had granted him another week. The news that Stafford's request for time had been ac- corded roused considerable irritation in the Commons. A pro- Feb. 18. posal was made that the House should adjourn for the week which had been allowed to Strafford for the preparation of his defence. Falkland rose to re- prove this childish ebullition of feeling. " The Lords," he said, " have done no more than they conceived to be necessary in justice." It would be impossible to show Strafford a better courtesy than ' to jar with the Upper House, or to retard their own proceedings.' 2 The House followed Falkland's lead. The next day strange news was circulated. Seven new Privy Councillors Bristol, Bedford, Essex, Hertford, Saye, Feb. 19. Mandeville, and Savile had taken their places at t ^ le Board. 3 Yet these promotions do not appear to have struck contemporaries as being of any great importance. They knew that Bedford and Pym had not been appointed to official positions. They knew too, that a man might have a seat in the Privy Council without acquiring the slightest influence over the conduct of affairs. Business of weight was settled with a select number of favourites in the King's private apartments the Cabinet Council, as it was be- 1 D'Ewes's Diary, Hart. MSS. cixii. 229. 2 Ibid, clxii. 237. 3 Council Register ) Feb. 19. 1641 NEW COUNCILLORS. 293 ginning to be called. 1 It therefore did not follow that Charles's policy would in any way conform itself to the opinions of the new councillors. If it had been otherwise the change thus made would have been portentous. Every one of these men had been bitterly opposed to Charles's recent policy. The greater number of them continued to be opposed to his policy to the end of their lives. What had been done had been done upon Hamilton's ad- vice, and was of a piece with the advice \vhich that intriguing Charles's nobleman had given at other times. There can be intention. ^^ doubt that the ^^ Qf Charles wag not tQ make it understood that he intended to conform to the wishes of Parliament, but to win votes in the House of Lords. "All this," wrote the Venetian ambassador, who had excellent opportunities of making himself acquainted with the truth, "has been done merely to gain them over in this matter." It could not escape notice that none of the offices vacant or ready to be vacated were allotted to any one of the seven noblemen, and it is therefore probable enough that Charles hoped to bind them to himself by an expectation of future favours. About the same time it became known that he intended to create new peers who would pay largely for the honour, and thus increase his following in the Upper House. The attempt to win over the peers by personal favours was the first of the King's many ill-judged interferences with the Foil - of course of justice which ultimately cost Stafford his Charles's life. Charles was unable to throw himself unreser- proceedmgs. - .... vedly on the peers sense of justice, any more than 1 The earliest certain use of anything approaching the phrase, as far as I know, is in Massinger's Ditke of Milan, ii. i, written before 1623 : " No ; these are cabinet counsels And not to be communicated, but To such as are his own and sure." In the editions which I have seen the word is printed, in the old spelling, councils. I venture to correct it. On July 14, 1630 (S. P. Dom. clxx. 53), Roe speaks of Vane as said to be of the Cabinet. The Junto was a more official committee, like the Committee of Eight. See, however, an unpublished paper by Bacon, HarL Charters, III, D, 14, in which the phrase is used, probably not later than 1618. 294 THE TRIENNIAL ACT. CH. xcvi. he was able to throw himself unreservedly on the good sense of the Commons. Yet even at this time dispassionate observers who calculated the chances in StrafFord's favour believed that the Lords were inclined, not indeed to acquit him altogether, but to declare him innocent of the crime of high treason. 1 In one way at least, the Lords, if they were to take the course which Charles fervently wished them to take, would need assistance which only he could give. The cry Charfes for justice against Strafford which was raised at this could hflVG T i i i f - done to help time did not so much proceed from a thirst of ven- straftord. g eancej as f rom the pitilessness of terror. By sepa- rating himself for ever from Strafford and his ways, and by showing that, even if the fallen minister were allowed to live, there would be no longer any danger that he would ever again be allowed to wield authority in England, Charles would have rendered to his devoted follower every service which it was in his power to render. The day after the appointment of the new councillors there was a scene in the Commons which gave evidence of the rise Feb. 20. of a feeling which might easily have been turned in SSft'fhe Charles's favour. Englishmen could hardly bear with Scots. patience the indignity of the occupation of the northern counties by the Scots, and the details which reached London of the hardships endured by the men of Durham and Northumberland served to strengthen this feeling of impatience. Naturally this dislike of Scottish intervention in English affairs was felt most deeply by the party which in the recent discus- sions had upheld the cause of Episcopacy. Three days before, Pennington had announced that the The city greater part of a City loan of 6o,oooZ. had already loan. been paid in, and would be handed over to Sir William Uvedale, the treasurer of the army. Shortly afterwards the House was informed by Uvedale that payment had been stopped after the first 2i,ooo/. It was understood that the money was kept back in consequence of the ill-will felt in the City at the delay of Stafford's trial, and it was now proposed 1 Salvettrs News-Letter, f T eb ' , a j. March 6 a64i SUBSIDIES VOTED. zg$ that two more subsidies should be granted to tempt the citizens to lend by increasing the security offered. The proposal had the support of those who had lately followed Falk- land and Digby in the Church debates. AVhat they proposed. wan t ec j was to pay O ff the Scots, and to be rid of them for ever. " If we cannot provide for monies," said Kirton, a. member who was in the habit of speaking strongly for the bishops, "we should provide for our safeties. I should be willing to give more if we knew the end of our charge," On the other hand, many of the stricter Puritans opposed the sub- sidy, perhaps wishing to bring on a confusion in which they would gain their ends. Pym broke away from his usual supporters. He knew that their course was proposal. Dictated more by temper than by judgment. For once, however, that cool and skilful tactician appears to have lost his head. He proposed, ' that, in respect of the great necessity of the public, they might compel the Londoners to lend.' The formal and precise D'Ewes reminded t ^ e House that the arbitrary rule of a Parliament was very much the same as the arbitrary rule of a king. He was surprised, he said, to hear from ' that worthy member ' a pro- posal 'which conduced to the violation of the liberties and properties of the subject 3 He hoped that it would not be whispered abroad that such words had been heard within their walls. "For certainly," he said, "if the least fear of this should grow, that men should be compelled to lend, all men will conceal their ready money, and lend nothing to us voluntarily." Pym found supporters and opponents as each man's temper led him. Holies and Culpepper declared against him. One young member moved that he should be called on to give The two satisfaction to the House. Capel, perhaps from his strong animosity to the Scots, gave his support to the proposal. If his own son, he said, refused to lend money on this occasion, he would be ready to put him to the torture. In the end the two subsidies were voted, and a check was thus given to the over- hasty zeal of those who were ready to welcome disorders in the North rather than to wait 396 THE TRIENNIAL ACT. CH. xcvi. for the slow progress of the great impeachment 1 If the King had consented to the dissolution of the Irish army, the debate might have ended in a more decided demonstration against the Scots. On the 24th Strafford appeared at the bar of the Lords to present his answer to the articles against him. To the surprise of many, Charles took his seat on the throne to hear straffordt it read. This was generally believed to be a demon- anawer read. strat j on j n favour of the prisoner. It was noticed that he gave signs of satisfaction whenever a point was made in the defence. 2 His conduct was not likely to affect the peers favourably. They did their best to preserve their character as judges. As soon as the King had left the House, they resolved that all that had been done in his presence was null and void, and ordered the articles of the Commons and the prisoner's reply to be read over again. 3 On the same day articles of impeachment were voted in the Commons against Laud. He, too, it was alleged, had been guilty of treason in attempting to alter religion and ment of the fundamental laws of the realm. The vote was aud ' unanimous. Men who wished to support a reformed Episcopacy had no sympathy with Laud. The antagonism on ecclesiastical questions was as strong as ever. Just at this time an action of the Scottish Commissioners came to increase the general confusion. Voices had been raised amongst the Root-and-Branch party ajafnst lare accusing them of being ready to desert their English P EnTancf friends, an< ^ to home as soon as the money due to them was paid. As an answer to this attack, the Commissioners directed Henderson to draw up a declaration of their wish to see Episcopacy abolished in England as well 1 Salvetti speaks of the vote as a check to the Puritans, and this seems to be home out by the record of the debate in D'Ewes's Diary, HarL MSS. clxii. fol. 243. The names of the tellers, too, point in the same direction. a Giustinian to the Doge, ^^|, Ven. Transcripts, R. 0. ' Z. 7. iv. 171. 1 6 4 1 THE SCOTS UNPOPULAR. 297 as at home. The declaration was printed for circulation among the members of Parliament, and a copy was allowed to fall into the hands of a stationer, who at once printed further copies for sale. 1 - Charles was indignant at this interference, and for once his indignation found an echo in the House of Commons. The Scots were assured by their friends that a majority would Feb. 26. be against them. The bishops' party was so confi- 'i? x the e com- dent of success, that they demanded that Hender- mons * son's paper should be read with a view to its condemnation. The demand was, however, rejected, after having raised, as D : Ewes noted, c one of the greatest distempers in the House ' that he had ever seen. 2 The Scottish Commissioners felt themselves to be treading on delicate ground. " The estate of business here," they wrote March 3 . to Leslie, " is very uncertain. The paper which we Growing gave in hath much offended many in the Parliament, tioT*S f h C " even some that are not friends to Episcopacy ; for the scots, though the paper be nothing so hard as the charge against Canterbury, yet the times are changed. Then they thought the progress and success of their affairs had some dependence upon our army, but now they have gotten their triennial Parliaments established, and some of them have fallen in to have hand with the King ; and though they be enemies to Episcopacy and friends to reformation, yet they think it will be to their discredit that reformation should be wrought here, as it were, by our sword." 3 If Charles could count on some support on this question of Episcopacy, it was evident that he could not count on support on any other. The Lords had already joined the Commons March i * n as ^ m ^ * r ^ e dispersion of the Irish army, for the Laud sent to disarmament of the English Catholics, and for the the Tower. dism j ssal of fa e Queen's Catholic attendants. On March i Laud was committed to the Tower. As he passed through the streets the mob rushed at the carriage to drag 1 Baillie^ i 305. - D'Ewes's Diary, HarL MSS. clxiv. foL 271. 3 The Scottish Commissioners in London to Leslie, March 13, Adv. Libr. Edin. 33, 4, 6. 298 THE TRIENNIAL ACT. CH. xcvi. him out, and it was with difficulty that he was saved from March 2. brutal outrage by the firmness of the guard. 1 On the follovvin g da } T tne Commons voted that repara- t * on s ^ ou ^ b e ma de to Bastwick for the wrong done u n iiastwick, to him by the Star Chamber, and a similar resolu- ' un ' tion was subsequently adopted in the cases of the On the day of Laud's committal to the Tower, a step was taken in the direction of an ecclesiastical settlement What- March i. ever else might be done, it was evident that Laud's ' action in the removal of the communion-tables to the east end of the cnurcn es could not possibly be novations, sustained. The Lords now issued an order directing the bishops to see that the table should c stand decently in the ancient place where it ought to do by the law, and as it hath done for the greater part of these three-score years last past.' The order was not free from ambiguity, but it was evidently intended to enforce the ideas of Bishop Williams. At Saye's motion a committee was named to take into consideration * all innovations in the Church concerning religion, 7 and the temper of the new committee was shown by its selection of Williams as its chairman. 2 The Lords had presented themselves as mediators in the great controversy of the time. Whether they would succeed Their osi- or nOt de P ended on many things, and most of all tionas P SI upon the hearty co-operation of the King. It could me lators. not ^ to ^ no ti c ed that Charles gave neither word nor sign of approbation. 1 L. J. iv. 172. Salvetti's News-Letter, March 5 -. One of the Scot- tish Commissioners to - , Feb. 23, Wodrow HfSS.^xxv. No. 146. 2 One of the Scottish Commissioners, writing on March 9 (Wodrozu JfSS. xxv. No. 149), speaks of a debate on Saturday, which ought most probably to be Monday, March I. He says that in it Saye spoke ' very freely against Episcopacy and the Liturgy, constantly averring that he would never hear it. Bristol answered that there were some indifferent things pressed on men's consciences which must be taken away ; but what was established by law no man might separate from it. Saye replied that they were now in loco et tempore mutationis> and therefore desired that a committee might be appointed for that effect.' 1 641 DEMANDS OF THE SCOTS. 299 The Commons, too, were taking their own way. Whilst the Lords \vere turning their attention to ecclesiastical cere- March 10. rnonial, the Commons were attacking ecclesiastical The com- institutions. On March 10, on the report of the mons resolve . . ' . . , , i_ that bishops committee to which the two petitions had been re- sitTn Pa?iia- ferred, they resolved that the legislative and judicial ment ' power of the bishops in the Upper House was a great hindrance to the discharge of their spiritual functions, and was March u. also prejudicial to the commonwealth. The next day temp^raf* the y resolved that no judicial functions of any kind functions. should be exercised by the clergy. 1 Episcopacy itself was not challenged. The Root-and-Branch part} 7 knew well that they could not, for the present at least, count on a majority. Pym and his political associates would be no Outlook of parties to raising a question on which they had not and-BrSch themselves made up their minds, and which would party. fa cer t a in to stir up unnecessary strife. Yet the Root-and-Branch party was in good heart. The House, they said, was now taking down the roof of ecclesiastical government, and would soon come to the walls. At this time a new difficulty had arisen with the Scots. In order to stop the King from issuing a proclamation to call in their paper on Episcopacy, they had drawn up ask%r unity e a mollifying explanation' of their meaning. The of religion. English Commissioners threatened to print this, in order to bring them into disrepute with their English friends ; and Henderson was therefore set to work to draw up a longer memorial, setting forth the desire of the Scots for unity of religion between the kingdoms. 2 On March 10 this was presented to the English Commissioners with a request that it might be laid before Parliament. The Scots were told that if this was done so the King would give his reasons in reply. Essex added that by the course they were ^ * " taking they might ' breed distractions among the two Houses. 7 In the face of these objections the Scots unwillingly 1 C. y. ii. 1 01, 102. D'Ewes's Diary, HarL MSS. clxii. 304, 307, clxiv. 134 b. 2 Argument Persuading Conformity of Church Gov eminent (E. 157, 2). 300 THE TRIENNIAL ACT. CH. xcvi. gave way, and their explanations were suppressed, whilst the King on his part took no further steps in condemnation of their original offence. 1 The relations between Scotland and England were bringing into prominence the unfitness of a large assembly without definite leadership to deal with complicated affairs. During the first three weeks of March the feeling of !and the Commons shifted from day to day. The Scots naturally demanded that their troops should be paid as long as the negotiation was still on foot. At one time the Commons seemed anxious to provide the money. At another time they had something else to think of. There was a sense of insecurity abroad which made it hard to find capitalists who were ready to lend. If the friends of Episcopacy were anxious to get money together that the Scots might be finally paid off and sent across the Tweed, the enemies of Episcopacy feared lest, if money were collected, they might lose the support of such good allies. The King had ceased to govern, and there was no one who had undertaken the work in his stead. There was no Chancellor of the Exchequer in the House to strike the balance of advantage or disadvantage in incurring any particular expenditure, and to press upon the House the absolute necessity of deciding once for all upon the mode in which its financial engagements were to be satisfied. To the Scots themselves the situation was becoming well-nigh intolerable. On the 2oth the Commons March 20. had to listen to a sharp demand for payment from the demand* 8 Scottish Commissioners. By this time the House was money. ' m an increased state of irritation at the continued delays in the commencement of Stafford's trial. Henry Mar- ten, a son of the Judge of the Court of Arches, who was morally separated from the Puritans by his gay and dissolute MStLand life, but who was at one with them in his trenchant thedebateto opposition to the King, thought this a good oppor- a close. tunity to urge forward the Lords by the threat of bringing the Scottish army upon them by stopping supplies, in 1 Bailli^ i. 307. Borough's Notes, March 10, 16, HarL MSS. cccclvii. 75, 78. The Scottish Commissioners to the Committee at New- ca&tle, Feb. 27, Adv* Libr. Edin* 33, 4, 6. 1 64 1 MARTEN AND STRODE. 301 default of which it might be expected that the Scots would cross the T\veed and take with a strong hand that which they could not obtain in any other way. He moved in committee that the House * could not make any advancement of monies to any purpose until justice were done upon the Earl of Strafford.' His motion was supported by Sir Walter Erie. On this Strode suddenly proposed that the Speaker should resume the chair. The proposal was adopted, and the debate came to an end without remonstrance from any side. 1 Nothing more was heard for some time about money for the Scots. This extraordinary resolution was an indication that a temper was rising in the House which regarded Strafford's punishment, not as a vindication of public justice, but as a necessary precaution against a public enemy, 1 D'Ewes's Diary, HarL MSS. fol. clxiv. 129 b ; clxiL 282, 283, 290, 329, 338. 302 CHAPTER XCVIL THE IMPEACHMENT OF THE EARL OF STRAFFORD. THE Commons needed not to have been so impatient. No further delay \vas proposed by the peers. So .great was the r6 T interest taken in the trial that it had been determined March 22. that the proceedings should take place in Westminster me r ilS S ofthe Hall, where alone room could be found for the cour * crowds which were eager to listen to the great im- peachment. For form's sake a throne had been erected with its back against the long west wall. In front of it was the seat of the Earl of Arundel, who had recently been appointed Lord Steward of the Household, and who, as Lord Keeper Lyttelton was disabled by sickness from attending, was now selected by the Lords as their Speaker. 1 In front of Arundel were seats, to be occupied by the judges if they were summoned to give advice on points of law. There was also a table for the clerks, on either side of which were the places of the peers. Then came the bar, behind which was a desk at which the prisoner might sit or stand, whilst four secretaries were to be ready to supply him with any papers which he might need. Farther back still were the lawyers whom he might employ to argue on his behalf if any legal question should be raised, though, ac- cording to the barbarous custom of those days, their mouths must be closed on all matters of fact. On one side of Strafford's desk were seats for the managers who appeared for the Com- mons, whilst a witness-box on the other side completed the arrangements of the court On either side arose tiers of seats, 1 L. y. iv. 190. 1641 WESTMINSTER HALL. 303 of which the most eligible were reserved for members of the Lower House, though room was made for such other spectators as were able, by favour or payment, to obtain admission. To many of those who thrust themselves in, the most important prosecution in English history was no more than an exciting spectacle. The throne remained unoccupied. Charles had now learnt ^that the peers would not consent to transact business whilst Charles ne was officially present He, therefore, together present. ^j^ fa> Queen, occupied a seat which had been arranged like a box in a theatre, with a lattice in front. His first act was to tear down the lattice. He would certainly be able to see the better by its removal, but there were some who thought that he wished to impose restraint on the managers by being himself seen. 1 The proceedings of the first day were merely formal. On the 23rd Pym opened the case on behalf of the Commons. If 2 ^ he believed it to be necessary to guard against danger Pym opens" from Strafford in the future, he also believed that he his case. ^^ ^^ o j n g ^jg ^ ut y j n ca ]ji n g f or punishment on Strafford's past offences. He elected to proceed first on the charges relating to Ireland. In Pym's eyes Stratford was little more than a vulgar criminal To Strafford's allegation that he had been faithful in executing the duties of his office, he replied by comparing him to the adulteress in the Book of Proverbs, who wiped her mouth and said that she had done no evil. Strafford had set forth his services to religion, his devotion to the King's honour, his labours for the increase of the revenue and for the peace of the kingdom. Not one of these claims would Pym allow for an instant Strafford boasted that he had summoned parliaments in Ireland, and had induced them to pass good laws. Pym asked what was the worth of parliaments without parliamentary liberties, and what was the worth of laws c when will is set above law. 1 The picture of Strafford's Irish adminis- tration he traced in the blackest colours. He showed how the ordinary administration of justice had been superseded by the e) i. 314. 304 THE IMPEACHMENT OF STRAFFORD CH. xcvil. decrees of the Council Table, how juries had been fined, how noblemen had been imprisoned, and infringers upon monopolies flogged Such, he said, were the deeds of the Earl They had been done * from a habit of cruelty in himself more perfect than any act of cruelty he had committed.' Nor was his cruelty greater than his avarice. He had embezzled public money entrusted to him for public ends, and had gorged himself with wealth, to the impoverishment of the King and the State. Such was Pynrs account of Stafford's Irish administration. It was not possible for Pym to judge it fairly. As he did not comprehend Strafford, neither did he comprehend of i?ehnd w that chaos of self-seeking and wrong against which erroneous. g tra ff or( j j^ struck suc h vigorous blows in Ireland. To Pym Ireland was as England was to be governed by the same methods and to be trusted with equal confidence. The English House of Commons had not yet arrived at the elemen- tary knowledge that a land which contains within it two hostile races and two hostile creeds, and in which one of those races has within recent memory been violently dispossessed by the other of a large portion of the soil which had been its imme- morial inheritance, needs other statesmanship to heal its woes than that which consists of a simple zeal for the maintenance of trial by jury and parliamentary privilege. But a few days before, the Lords had suggested that the King would be more likely to consent to the dismissal of the new Catholic army if he were authorised to reinforce the old Protestant army by 2,000 men. It was answered that Ireland was a free kingdom, and that if it were relieved from Stafford's oppressions it would stand in no need of soldiers. 1 Pym, in short, like other Eng- lishmen, saw nothing in Ireland but the English colony. With the Celtic population he had no sympathy. The one point in Stratford's rule on which Irish memory is sorest, the threatened plantation of Connaught, the English House of Commons dropped out of sight as unworthy of notice when they came to plead their case before the Lords. Pym had given StrafTord an opportunity of which he was 1 D'Ewes's Diary, HarL MSS. clxii. fol. 320. 1641 STRAFFORD AT THE BAR. 305 not slow to avail himself. Never had he seemed more truly Strafford at great than when he appeared at the bar, like some the bar. fierce but noble animal at bay, to combat the united attacks of his accusers, in his own unaided strength. His crisp black hair was now streaked with grey, and his proud face was softened by the feeling of his calamities, and by the reverence which he felt for the great assembly of the peers, from which fie firmly expected to receive that justice which was his due. With marvellous self-restraint he professed for the House of Commons a respect which it must have been difficult for him to feel The most consummate actor could not have borne himself better. Strafford was no actor. He spoke out of the fulness of his heart, out of his consciousness of his own in- tegrity, out of his incapacity to understand any serious view of the relations between a Government and a nation other than that upon which he had acted. For several days the Court was almost entirely occupied with the charges relating to the affairs of Ireland. Undoubtedly His Irish Strafford did not succeed in showing that he had government. ^ een a constitutional ruler. He had again and again acted with a high-handed disregard of the letter of the law, and had sometimes violated its spirit He fell back on his good intentions, on his anxiety to secure practical justice, and on the fact that his predecessors had acted very much as he was accused of acting. Though the plea was undoubtedly insuffi- cient, the view which Strafford took of Ireland was far truer than the view which had been taken by Pym. What was really needed, as far as Ireland was concerned, was not Strafford's punishment, but a serious and impartial investigation into the causes of Irish disorder with the view of coming to an agree- ment as to the conditions under which the government of that country could in the future be carried on. It is needless to say that not a single member of the English Parliament ever thought for an instant of anything of the kind The only remedy which they imagined to be needed was to place Ireland in the hands of men like Lord Mountnorris or the Earl of Cork. Ignorance brings with it its inevitable penalty, and vengeance, this time not slow-footed, was akeady on the track. VOL. IX. X 306 THE IMPEACHMENT OF STRAFFORD. CH. xcvil. To Pym the argument that the laws of Ireland had been violated was mainly important as showing a readiness to vio- Had straf- late the laws of England as well Very early in his mitted 01 "" conduct of the case he had to face the question treason ? f or which he must long ago have been prepared. If StrafFord had done all that he was alleged to have done, if he had violated the law in innumerable instances for his own private ends, had he committed treason? The doctrine of treason as it had been elaborated in the Middle Ages, had fixed that name upon acts committed against the person or authority of the Sovereign. No one knew better than Stratford that in this sense he had not committed treason. Pym, on the other hand, advanced a larger and nobler con- ception of the crime. It .is possible that he was led to his argument by the extension of treason by the judges in the Tudor reigns from an attack on the King's p ersona j authority to an attack such as Essex had contemplated in the last days of Elizabeth upon the system of government supported by the Sovereign. 1 He now argued that the worst traitor was not he who attacked the Sovereign's person or government, but he who attacked the Sovereign in his political capacity, and, by undermining the laws which con- stituted his greatness, exposed him to disaster and ruin. If the principle itself was politically grander than that which lay at the root of the old treason law, it had for judicial pur- Difficulty of poses the incurable defect, as it was thus presented, applying it. o f a want o f defmiteness. The charge of treason might be reserved for offences of the blackest dye, such as a deliberate attack by force of arms upon Parliament. It might, on the other hand, be employed to cover any strong opposition to the popular sentiment. Already there had been signs that this danger was imminent . Finch and Berkeley, as well as Laud, had already been voted by the Commons to have been guilty of treason, and it required a very strong imagination to believe that the foundations of the State had really been en- dangered by either Finch or Berkeley. The time might soon 1 On this change, see the Introduction to Mr. Willis Bund's Selections of Cases from the State Trials. I64T WHAT IS TREASON*? 307 arrive \vhen treason -would be as light a word in the mouth of a member of Parliament as damnation had been in the mouth of a mediaeval ecclesiastic. Yet, even if it had been conceded that Pym's view of trea- son was the true one, and if care had been taken to restrict it to a deliberate conspiracy to change the existing system of government, it was hard to call upon StrafFord to pay the penalty. Not only had he himself had no such deliberate intention of changing the government, but he had never had fair warning that what he was doing would be regarded in the light in which it was now seen. It might be well that the law of treason should be altered so as to include some actions which had been done by Strafford ; but it was hard upon him, and of the worst possible example to future times, to inflict the penalty of death under an interpretation of the law which was now heard of for the first time, Strafford therefore had much to say on his own behalf. His vigorous defence told on his audience. Ladies who had obtained seats in Westminster Hall were loud in his March 25. .. . . . . increasing praise. Amongst the peers the conviction was grow- i? m g tnat > whatever else he might be, he was not a traitor. In the House of Commons, on the other nan< *> tne C1 7 f r blood was waxing louder. There House of was an increasing disposition to resent all licence Commons. given to the necessities of the defence as a delay 9f justice. The frequent adjournments of the Lords for the con- sideration of points of procedure were regarded as mere pro- crastination, and one member asked that the peers might be requested to stop the prisoner's mouth whenever he spoke at undue length. 1 Undoubtedly the Commons were thinking more of the future than of the past. That which irritated them was not so Causes of mucn tne thought that StrafFord had been cruel to their dis- Mountnorris, or that he had converted to his own use P easure. severa | thousand pounds of the King's money, as the thought that if he was left alive he would soon be found at the 1 D'Ewes's Diary, HarL MSS. clxii. 359, X 2 308 THE IMPEACHMENT OF STR AFFORD. CH. xcvii. head of an army prepared to drive them out of Westminster, and ready to explain that, startling as the proceeding might seem, it was only a temporary and accidental interruption of the har- monious working of the constitution. Charles, of all men, was most anxious to save Strafiford, but neither he nor the Queen could understand that they could only save him by entirely renouncing all thought of appealing to force. Already an offer had been made to them which they were loth entirely to reject, and that offer, if it were once known, would be sufficient to seal Strafford's fate. For some time the dissatisfaction in the English army had been on the increase. " This I will say of you of the Parlia- Wantsofthe ^ ament; >" ^rote one of the officers in January to his English brother, who was a member of the House of Com- arml ' mons ; " you are the worst paymasters I know. Next Tuesday we have six weeks due to us, and unless there be some speedy course taken for the payment you may well expect to hear that all our soldiers are in a mutiny, to the ruin of the country, for they are notable sheep-stealers already." l On March 6, in the very height of the pressure for payment to the Scots, 8 the Commons had come to a vote, transferring Effect of the to the tro P s of tnat nation io,oooZ. which had been Commons* previously assigned to the English army. The news favour of the had naturally caused the gravest dissatisfaction Scots * amongst the troops in Yorkshire. Their talk ran on mutiny. Officers and soldiers were alike in distress. Henry phutis&c- Percy, brother of the Earl of Northumberland, Ash- English 116 burnham, Wilmot, and Pollard, were members of the officer*. House of Commons as well as officers. " If such papers as that of the Scots," said Wilmot in the House, when the matter was under discussion, " will procure monies, I doubt not but the officers of the English army may easily do the like." When the vote had been passed these four officers consulted together. The resolution which they adopted was apparently a curious resultant from the double character which they bore. As officers of an army which had been stinted in its pay by the 1 E. Verney to R. Verney, Jan. 15, Vemey MSS. 3 Idem, March 8, ibid. J64I THE ARMY DISSATISFIED. 309 House of Commons, they were ready to offer their services to the King. As members of the House of Commons they were bound to keep within the limits of constitutional law, at least An army a3 ^ ter t ^eir own interpretation. They proposed to in- prop^ed by duce the officers in the North to sign a declaration cth r s. aDcl that they would stand by the Kin g ^ Parliamentary pressure were put upon him to compel him to assent to the exclusion of the bishops from the House of Lords, or to force him to disband the Irish army before the Scots were dis- banded, or if the full revenue which he had enjoyed for so many years were not placed in his hands. Such was the military version of the fundamental laws of the realm. Percy was commissioned to offer to the King the sup- The King to port of the army on these terms. There can be very be Informed. e knfiw points were precisely those on which Charles was most anxious He has ^ at a stand should be made. Yet when he spoke to hear a d d uf the Kin g on the subject he was surprised to find that pn\ her a more y i lent proposal still had already been laid before him. 1 That proposal, like all other violent proposals to which Charles was called on to listen, was warmly supported by the The Queen Q ueen - Henrietta Maria had been ready in the in is her P h inted beginning ^ ^ a ^ch to clutch at any aid, however of foreigT 53 hopeless it might seem. She had been deeply dis- assistance. i t - appointed in her expectation of foreign help. Riche- lieu had intimated to her, in hi<= most polite phrases, that it Richelieu would not be advisabX, in her own interest, that she receive her silould visit France in this conjuncture of her affairs ; in France, and she reasonably conjectured that this advice concealed a preference for an alliance with a strong Parliament 1 Percy to Northumberland, June 14 {Rush-diorth^ iv. 255). It is im- possible to trace out the dates of these early proceedings of Percy and his- friends. The interview with the King must have taken place a few days before March 21, as from Chudleigh's evidence on Aug. 13 (Harl. JfSS. clxiv.- 28) it appears that Percy and his friends had drawn back (as Stickling expressed himself) about March 20 ; that is to say, probably on March 21, the date on which Chudleigh arrived from the North. The interview took place before this. 310 THE IMPEACHMENT OF STRAFFORD. CH. xcvii. to one with a weak king. She was, however, obliged to announce that she was no longer in danger of falling into a consumption, and that she was therefore able to endure the English climate. 1 Annoying as this rebuff was, she was soon afterwards subjected to a still greater annoyance. Rossetti informed her that an answer to her application- for wm ^TLip money had been received from Rome, and that the Pope would no nothing for her unless her husband en S hs ^ ec ^ are< i himself a Catholic. He need not avow his conversion openly at first It would be enough if the Papal authorities were left in no doubt of the fact. The Queen knew that the Pope might as well have refused her re- quest in distinct terms. She told Rossetti that she wished much that it might be with her husband as His Holiness desired, but The Queen t * iat everything depended on God. Why should not PP e cont ent himself with that which was really for the practicable ? If victory were gained with papal aid the Catholics should be permitted to keep open churches in England, and should be entirely freed from all impediments to the exercise of their religion. Father Philips adjured Rossetti to counsel the acceptance of this offer. He urged that the King was now in want only of money. He had men enough at his disposal. Irish Catholics were ready to serve him, and there were Protestants whose de- votion could also be counted on. Whatever stipulations were made, the King's victory would turn to the advantage of the Catholics. Without their aid Charles would find it impossible to maintain his authority. The chief difficulty unfortunately lay with Charles himself. He was timid, and slow in coming to a resolution. Rossetti recommended that the Queen should be urged to employ herself on the good work of his conversion. She knew how the royal authority in France had been strengthened by her father's acknowledgment of the true faith. 2 If no help was to be had from abroad, the eager, restless 1 Richelieu's Memoir for Chavigny, Avenel, vi. 756. Montreuil's despatch, March p BibL Nat. Fr. 15,995, fol. 203. 2 Rossetti to Barberini, March ", R. 0. Transcripts. 1641 S17CKUXG*S ADVICE. 311 woman must turn elsewhere for relief from the intolerable dis- She looks for grace and burden of her life. The quarter from other help. w hi c h the suggestion of assistance now reached her was not one which would have commended itself to anyone versed in the realities of the world. Sir John Suckling was a sir John g a y courtier, much addicted to gambling, like many Suckimg. others who, by the side of the grave decorum of Charles's domestic life, anticipated the loose profligacies of the "Whitehall of Charles II. As a writer of sparkling verses he secured the admiration of his contemporaries, and has retained the admiration of later generations. His conversation was as easy and brilliant as his verse, and he readily made himself acceptable to the ladies of the Court, who thought it no shame to listen to the airy doctrine that constancy in married life was a fit object of scorn, and that modesty was but an empty name. Amongst men he was not much respected. Once in his life he had thought of marrying a lady whose attractions were to be found in the weight of her purse. A rival, strong of arm, cudgelled him till he agreed to renounce all claims upon the golden prize. When Charles marched to the Border in 1639, Suckling raised, at his own expense, a hundred troopers decked in such gorgeous array as to expose him on his return to the laughter of rhymesters, who charged him with cowardice in the field, of which there is no reason to suppose that he had been specially guilty. 1 Such was the man who had already taken upon himself to give advice which was to save the falling throne. The counsel , ,. which he offered showed that at least he had eyes to Suckling . J advises the see something of the cause of the King's misfortunes. Kmg to act. Q^J^ ^ sa ^ was k e i n g mmecl because he re- mained merely passive. If he wished to recover the affec- tions of his people he must show that he was capable of acting. He must make it clearly understood that he had cut 1 The verses on Suckling and his troop are in Musarum DeUcis^ i. Si. Probably his horse was under Holland's command, and shared in the re- treat from Kelso. \Ve have such detailed information on that campaign that if Suckling had performed any special act of cowardice it would have been heard of. 312 THE IMPEACHMENT OF STRAFFORD. CH. xcvu. adrift for ever those unpopular counsellors who had brought him nothing but odium. The Queen, too, must sacrifice her personal preferences for the sake of her husband. It was no hard matter for a king to be popular if he chose to give him- self the trouble. The English people had no formed habit of reverence for the persons of the Parliamentary leaders, whilst loyalty to the King was a traditional feeling, which might easily be re-awakened. So far Suckling's advice was excellent. It was utterly disappointing at its close. The King was recom- mended to outbid the Parliamentary leaders by granting all, and more than all, that was desired. What concessions this indefinite recommendation covered. Suckling did not say. He had no knowledge of the real conditions of the political prob- lem, or of any solution by which they could be satisfied. His advice to act ended in the vaguest suggestions as to the thing to be done. Political wisdom was not to be expected from a fribble. 1 The letter in which Suckling gave the measure of his value as a politician was addressed to Henry Jermyn, and Jermyn Henry was tn ^ trusted counsellor of the Queen, though even Jermyn. ^ Q j^ keen kept com pletely in the dark on the negotiations with Rome. 2 So far as he had any religion at all, he was a Protestant, and his imperturbable self-reliance at- tracted the respect of the spirited and excitable lady whom he served. He was not too wise to think it possible to support the monarchy upon an armed soldiery, and did not trouble him- self to develop a policy which might command respect Some- where about the middle of March, just at the time when Percy and his associates were preparing their scheme for a petition from the army, Jermyn and Suckling were consulting together as to the possibility of drawing the army to a more direct in- tervention in the strife between Charles and his Parliament. Suckling, like Percy, looked to the discontent caused by the vote which, on March 6, had transferred io,ooo/. from the English to the Scottish army, as offering a basis for his operations. 1 Suckling's Works> ed. Hazlitt, ii. 233. 2 Rossetti to Barberini, Nov. *# R. 0. Transcripts. i64i THE ARMY PLOT. 313 Percy and his friends had intended to clothe the action of the army in Parliamentary form. The sword was not to be drawn, but it was to be understood that it was ready to be drawn in case of necessity. Suckling and Jermyn knew that if the sword was to be appealed to it must strike sharply and without wavering. Their first object, therefore, was to secure the command of the army. Northumberland, whose health was not completely re-estab- tie to lished, and who was by nature unfitted to take a - decided part in time of danger, was known to be anxious to surrender his authority as general The Earl of Newcastle was selected as his successor. It was arranged that, if the King and the Parliament fell out, New- castle should bring the army to the support of the King. As it was not to be expected that a splendid nobleman would give himself the trouble of attending to the details of military dis- cipline, it was necessary to choose a new lieutenant-general to succeed Conyers, who was not likely to lend himself to the scheme. It would be the work of that successor to win over George tne officers and the men to the design. The choice eut?nant b - e ^ ^e conspirators fell upon George Goring, the General. eldest son of Lord Goring, and a colonel of one of the regiments in the Northern army. Goring was a man born to be the ruin of any cause which availed itself of his services. Dissolute and unprincipled^ he had yet to show himself in his worst colours. Before long, men of all parties recognised in him a consummate hypocrite, His under- Trho had the power of covering the most audacious w?th d thl falsehoods with a look of modest innocence. He Queen. had already been taken into Henrietta Maria's con- fidence. He had been appointed Governor of Portsmouth, and, though no direct evidence is at hand, there can be little doubt that he had given the Queen reason to believe that he was ready to hold Portsmouth at ber disposal. In other words, he would offer her the use of its fortifications as a place of refuge, from which she could freely communicate with the Continent, and in which she might perhaps even receive from the Continent that military support on which she had, at 314 THE IMPEACHMENT OF STRAFFORD. CH. xcvii. one time, counted. That the Queen was now informed of the The King is P^ an f r gaining over tne ainiy is beyond all doubt, informed. an( j e i t h er now or not long afterwards the knowledge was communicated to the King. 1 Even without instigation the army was disposed to resent the neglect of the House of Commons. 2 On March 20 the March 20 ^ cers ' m Yorkshire despatched a letter to Northum- Leiterfrom berland detailing their grievances, and giving assur- the officers. ance Qf ^^ readiness tQ fight the ScotSj the favourites of the Commons. The letter was placed in the King's hands, who at once sent it to the peers. 3 The bearer of this letter was Captain Chudleigh. He remained in town for eight or nine days. During that time he March 22. was in constant communication with Jermyn and before the Suckling. He was informed by Suckling that the peers. peers were much displeased at the conduct of the 01 ffi cers in writing the letter, and that Essex and Newport had expressed an opinion that they had risked their necks by what they had done. Suckling suggested that the best course for the officers to take was to accept Goring 1 The evidence on which this narrative is founded is mostly in print, and will be referred to farther on. There are also examinations before Parliament scattered over D'Ewes's Diary. The Queen's statement in Madame de Motteville's Memoirs^ ch. ix., is vague, and dwells far too exclusively on the personal dispute between Goring and Wilmot ; but she, as well as Percy, is clear about the King's knowledge, at least at a sub- sequent time. - "I believe you are busied in the Parliament, and yet neglect the main business of supplying the army, the effect of which, with the terrible threatening musters, may very well produce strange things, even not to be named. The horse have sent their peremptory answer that they will not muster till they are paid. If the foot do the like .... believe me, it can tend to no less than a general mutiny. A worm will turn again if it be trod on. Soldiers are now used as though it would be sure there should never be further use of them. ... If we hold thus but a fortnight longer, I believe you will receive a letter in way of petition, either to re- dress our grievances or to cashier us, for now is the time when we might seek our fortunes elsewhere. " E. Verney to R. Verney, March 8, Veiiuy MSS. 3 The officers to Northumberland, March 20, .S. P. Dom. 1641 CHARLES AND HENRY PERCY. 315 as their lieutenant-general. Otherwise they would be without a leader, and would suffer for their indiscretion in showing their teeth before they were able to bite. The conferences between Jermyn and Suckling on the one hand, and Chudleigh on the other, took place during the first Effect of the wee ^ ^ Stafford's trial Though neither Suckling's fir*t week of scheme nor Percy's seemed at first to have had any Straffords .._ , .,. ,, , * ""trial upon special reference to that trial, it may well have been Charie^ ^^ the effect of the outcr y f or w hat the House of Commons called justice inclined Charles to look to the army as a weapon which he might lawfully wield in order to secure Strafford as well as himself from irregular violence. At all March "8 events * n ^ e course of Sunday, the 28th, 1 he listened Perc y ;s con- to Percy's story, and was persuaded that Suckling's JSSuSSe project was too wild to be feasible. In the end, how - Kmg - ever, he urged Percy to meet Suckling and his friends, in the hope that the two parties might be brought to act to- gether. The project of bringing the army to support him by a 1 Goring's story was that he was first informed of Suckling's project on a Sunday morning in the middle of Lent. As Lent began on March 10, this would be March 28 or, with less probability, April 4. Mr. Brodie supposes that the latter was meant. There is, however, evidence which seems to me conclusive in favour of the earlier date. Chudleigh arrived in London on March 21, and remained for eight or nine days, leaving, there- fore, about the 29th or 3Oth. In his examination on May 10 he stated that he left Yorkshire to come back to London, on April 5, and that, as he then failed to find Goring, he followed him to Portsmouth on April 10. If, however, the Sunday in the middle of Lent had been April 4, Goring, who certainly remained in London during some days after his conversation with Suckling, would have been accessible to Chudleigh on the 5th. It does not follow that Goring really heard of the plot for the first time on March 28. It is not likely that his acceptance of the office designed for him should have been made a subject of conversation with Chudleigh during that officer's first visit, unless he had been previously spoken to on the matter ; and he probably came nearer the truth when, on his examination of June 16, he said that Suckling had offered him the lieutenant-generalship about three months before, which would bring it to about March 16, four or five days before Chudleigh's arrival. If the date, however, of March 28 is unim- portant in relation to Goring's own conduct, it enables us to fix the date of the interview of Jermyn and Goring with Percy which was held on the following day. 316 THE IMPEACHMENT OF STRAFFORD. CH. xcvu. petition, whilst the question whether force was to be ultimately used or not was left undetermined, was certain to commend itself to a mind like that of Charles, ever anxious to cover acts of real violence with the cloak of legality. 1 On the evening of the 29th, Jermyn, taking Goring with him, proceeded to Percy's lodgings at Whitehall, where he March 2- found the rest of the Parliamentary officers assembled. The dkcus- Having first taken an oath of secrecy, Jermyn and FcTcj"s Goring pleaded hard to be allowed to bring Suckling lodgings. to the con f erence> B ut Suckling was in bad odour with all military men, and the officers would not entrust him with their secrets. Jermyn spoke of the plan for bringing up the army. Goring then said that nothing could be accomplished unless the army were brought up and the Tower seized. He then asked how the chief commands were to be disposed of. " If he had not a condition worthy of him, he would have nothing to do with the matter." He and Jermyn insisted that Newcastle must command in chief. Percy suggested the name of Holland, whilst others put forward the claims of Essex. Evidently more than a mere personal question was at issue. The name of Newcastle was significant of a complete breach with Parliament as a whole. The names of Holland and Essex were significant of an intention to maintain a Parliamentary system, as it was understood in the Upper House. To the proposal for making Goring lieutenant-general, Percy and his friends would not listen for an instant. Nor would they hear of the plan for marching the army to London and attacking the Tower. Jermyn and Percy were therefore commissioned to call on the King to decide between their respective projects. There could be little doubt how his decision would be given. 1 In his examination on June 14 (D'Ewes's Diary, HarL MSS. clxiii. 315 b) Pollard said that 'Mr. Percy disliked the proposition of bringing up the army, and that they had no such plot to bring the same to London, but, being asked how he then meant to make good his pro- positions .' The sentence is incomplete ; but, whatever Pollard may have said, it is unlikely that Charles ever answered the question to himself. See Goring's examinations of June 1 6 in Moore's Diary, HarL MS& cccclxxviii. 81 b. 1641 THE PLOT BETRAYED. 317 " All these ways," he said to Jermyn, when he had heard his Charles's account of Suckling's plan, " are vain and foolish, decision. and ! wiH think of them no more .l Goring saw clearly enough that the appearance of modera- tion which recommended the alternative project to the King would ensure its failure, and he had now learnt that he was not Goring wis- to derive any personal advantage from its success. satisfaction. Ag he j eft the meeting he told J ermyn lhat he liked none of these consultations.' " You are ready enough," replied Jermyn, " to enter into any wild business, but you like not the company." 2 A day or two later there was a second meeting which led to no better understanding than the first Goring made up his mind that, as he was not to be lieutenant-general of the King's army, he would gain the favour of the King's April i. adversaries. He sought out Newport, who was now He betrays an active member of the Opposition in the House of Lords, and told him as much of the plot as it suited his purposes to tell. Newport carried him to Bedford and Mandeville. If he said to them what he afterwards said in the House of Commons, he asserted that he had recommended the march to London, not because he really thought of advising it, but in order to convince the others that a mere petition, unaccompanied by violence, would be altogether futile. He ended by asking that his own part in the discovery might be concealed. Bedford and Mandeville at once communicated the secret to Pym and to some of the other leading members of the Commons. Pym in- I* was agreed that Goring should return to his post formed. as Governor of Portsmouth, possibly with the object of placing him out of the reach of further temptation. 3 Nothing 1 Goring' s examination, June 19. Percy to Northumberland, June 14, An Exact Collection, 215, 2' 7; Ashburnham's examination, June 14, D'Ewes's Diary, HarL MSS. clxiii. 316 b. 2 Goring* s examination, June 16, D'Ewes's Diary, HarL MSS. clxiii 328. * Manchester in his Memoirs (Nahon^ ii. 273) speaks as if PynVs revelation in the House had followed immediately ; but the depositions are against him. 3i 8 THE IMPEACHMENT OF STR AFFORD. CH. xcvu. was openly done in consequence of his revelation. It must be remembered that Pym had not yet learned that there had ever been any serious project of bringing up the army at all. All that he knew was, that there was a plan for inducing the army to present a petition, and he may have thought it best to wait till the petition was presented before taking any active measures to avert further danger. There was nothing upon the surface to connect the army petition with Strafford's trial. The King's right to pardon Effect of the tn ^ Earl, after conviction, had not been mentioned sTraffo^s 011 amongst the points to be urged, yet it was inevitable triaL that Goring's revelations should make Pym, if pos- sible, more determined than before to exact the uttermost penalty from StrafFord. His life or death was now more than ever a question of danger or safety to the State. A conjunction between an acquitted Strafford and an army of Royalist poli- tical tendencies was one which few in either House could contemplate with evenness of mind. It was probably not alto- gether by accident that the last charges relating to Stafford's Irish government were hurried over on April 3, and that some of them were entirely dropped. On the 5th the scene of the accusation was transferred to English ground. By the mouth of Bulstrode Whitelocke, a son April 5. of the J ud S e > and him self a lawyer of some repute, Charge of the Commons alleged that not only had Strafford dS^ n sI m instigated the King to make war on the Scottish army ' nation, but that at the time when the Short Parlia- ment was summoned to vote supplies to support that war, he had offered 'to serve His Majesty in any other way in case the Parliament should not support him.' In pursuance of this plan he had raised an army of Irish Papists, and had conspired with Sir George Radcltffe t for the ruin and destruction of the king- dom of England and of His Majesty's subjects, and altering and subverting the fundamental laws and established govern- ment of this kingdom.' With this object he had declared his opinion that if the Parliament failed to supply the King, he might use ' his prerogative as he pleased to levy what he needed, and that he should be acquitted of God and man, if he took 1641 VAXE'S EVIDENCE. 319 some courses to supply himself, though it were against the of his subjects.' Having subsequently procured by false repre- sentations the dissolution of that Parliament, he had wickedly given counsel to the King c that, having tried the affections of his people, he was to do everything that power would admit ; and that His Majesty had tried all ways and was refused, and should be acquitted towards God and man ; and that he had an army in Ireland which he might employ to reduce this kingdom/ The managers had little difficulty in showing that Strafford had held that if Parliament refused the King's supply when he Stratford's needed it for national objects, he was justified in tta^^of 1 * taking it by force. . It was the very central point of force. fog political creed. As usually happens, his followers had exaggerated the thought of their patron. " His Majesty/' Radcliffe had said, "had an army of 30,000 men, and he had 4oo,oooZ. in his purse and a sword by his side, and if he should want money who could pity him?" "The Commonwealth," said Stafford's brother, Sir George Wentworth, "is sick of peace, and will not be well till it is conquered again." He probably meant that unanimity would only be produced after an English army had been defeated by the Scots ; but it was easy to understand his words as referring to a victorious army from Ireland. Undoubtedly that which called forth the greatest indigna- tion against Strafford was the belief that he had threatened The Irish to employ his Irish army against Englishmen. As arm y- a matter of mere law it was absolutely indifferent whether he had proposed to bring it over or not If it were not punishable to advise the King to f do all that power would admit, 7 it would not become punishable to advise him to main- tain his rights by means of an army composed not of his English but of his Irish subjects. As a matter of sentiment it made considerable difference. It was natural, therefore, that Pym and the other managers should leave no stone unturned to prove that Strafbrd had vane's really given this particular advice. A copy of notes evidence. made by the elder Vane of the words used at the Com- mittee of Eight after the dissolution of the Short Parliament 320 THE IMPEACHMENT OF STR AFFORD. CH. xcvn. had long been in Pynvs hands, and Vane himself was now put into the witness-box. Strafford, he said and other witnesses bore him out had advised an offensive war with Scotland. He asserted positively that Strafford had used the fatal words which were charged against him, 'or words to that effect. 7 'Your Majesty, having tried all ways, and being refused, in this case of extreme necessity, and for the safety of your kingdom, you are loose and absolved from all rules of government. You are acquitted before God and man. You have an army in Ireland ; you may employ it to reduce this kingdom.' All attempts made by Stafford's friends amongst the peers to induce Vane to say whether this kingdom meant England or Scotland proved fruit- less. The Lord Steward reminded the questioners that the witness had come to testify to the words spoken, not to interpret them. Maynard, who was one of the managers, sarcastically remarked that Vane was nowasked 'whether this kingdom be this kingdom. 7 To all this Strafford was called on to reply. He justified his advice for an offensive war against the Scots by falling back'" Stafford's on tne ld position that subjects who 'could not be piy. brought by fair means to do their allegiance and duty to the King ' might be compelled to do so. He plainly thought that this doctrine was as applicable to England as to Scotland. But he explained that he had always had confidence in the King that he would never ask anything but that which was lawful and just, and that it was a great offence * to think that the King would use his prerogative otherwise than as befits a Christian and pious king.' The argument implied was that the King, having been refused the means needed for the pro- tection of his subjects, was justified in doing all that power Denies that would admit to make good the deficiency. He armySs utterly denied that there had been any scheme to land a ed e in brin S the Irisn arm y tO England. He brought wit- England, nesses to prove that his intention had been to land it near Ayr. Of the six councillors who had been present besides himself and Vane when the alleged words were spoken, Laud and Windebank were incapable of giving evidence. l The 1 ForWindebank's own statement see p. 124. It must be remembered that the Privy Councillors failed to remember a good deal more than the statements about the Irish army. 1641 STRAFFOKD>* DEFENCE. 321 other four Hamilton, Northumberland, Juxon, and Cottington with one voice declared that they could not remember that Strafford had ever proposed to bring the Irish army to Eng- land, or indeed had said much else which Vane attributed to him. It is impossible to speak with absolute certainty on the matter, but it is not necessary to suppose that either Vane or his fellow-councillors were guilty of perjury. If it be accepted as the most probable explanation that the words were indeed spoken, but only as a suggestion of the best means of meeting a hypothetical rebellion which never came into actual existence, and which passed out of the minds both of him who spoke and of those who listened almost as soon as the consultation was at an end, it becomes perfectly intelligible that those words may have had no abiding-place in the recollection of any except the secretary who had taken them down at the time, and whose memory was sharpened, not only by his personal rivalry with the speaker, but by his perusal of the notes a short time before the meeting of Parliament when he carried them to the King to be burnt 1 On the other hand, the theory that Vane had spite- fully invented the words agpears to be negatived by the fact that the King had recently seen his paper of notes and had com- manded them to be burnt If those notes had not contained the incriminating words, Charles would surely have found some way of testifying his indignation at Vane's invention. However this may have been, Strafford knew how to make good use of the advantage which he had gained After pointing out that a single witness was insufficient to prove eSnSatfen treason, he called evidence to show that he had of principle. a j ways ^ een cL es i rous o f a reconciliation between the Fing and his subjects in Parliament " In case of absolute neces- sity" he then said, " and upon a foreign invasion of an enemy, when the enemy is either actually entered, or ready to enter, and when all other ordinary means fail, in this case there is a trust left by Almighty God in the King to employ the best and utter- most of his means for the preserving of himself and his people, which, under favour, he cannot take away from himself." At / 1 See p. 125, note. "VOL. IX. Y 322 THE IMPEACHMENT OF STRAFFORD. CH.XCVII. all events, he said, his words had been spoken in his capacity of a Privy Councillor, and it was the duty of a councillor to speak his mind according to his conscience. By the blessing of God he had learnt not to stand in fear of them who could kill the body, but of Him who could cast body and soul into eternal pain. He had but done the duty of his place in de- livering his opinion, and such an opinion as this would not have made a heretic, much less a traitor. Let his judges re- member that they were born to great and weighty employments in the kingdom. If he were to be adjudged a traitor for honestly delivering an opinion under oath of secrecy, he did not think ' any wise and noble person of fortune ' would here- after, 'upon such perilous and unsafe terms, adventure to be a Councillor to the King.' No wonder Stafford's speech told upon the peers. No wonder that it told upon others as well. If the design of bringing over impression the Irish army were disproved, as it seemed to have produced. been, there remained a violent and ruinous advocacy of the Royal prerogative which it was imperatively necessary to make impossible in the future, but which drew its strength from at least one side of the practical working of the institutions of the country during more than a century. Not a few of those present felt that such an argument as Strafford's could not be lightly disregarded. Monstrous as his conception of the con. stitution was, it was hardly one to be treated as punishable by death. Even from the benches on which the Commons were sitting, a loud hum of admiration was heard as the prisoner resumed his seat l The main burden of the reply fell on Whitelocke ; and AVhitelocke, diligent lawyer as he was, was hardly the man to whiteiocke's c P e with Strafford. He did his best to support answer. Vane's evidence, and he argued that Stratford's coun- sel had been no mere utterance of opinion, but had proceeded from a settled design to subvert the laws and * to set a difference between the King and his people.' Yet, when all had been said, it was evident that Stratford's chance of escape stood higher at the end of the day than it had done in the morning. 1 D'Ewes's Diary, Harl MSS. clxiii. 9. 1641 THE COMMONS ALARMED, 323 So at least, it can hardly be doubted, thought the peers. For nine whole hours the lion-hearted man had been standing Adjourn. at bay, unaided, against the best forensic talent of the ment - . time. Whitelocke had been followed by Maynard, and Maynard had been followed by Glyn. No wonder that Stratford felt exhausted at the close of that stupendous effort. It was impossible, he said, for him to endure such another day without a little time to repair his wasted energy. The Commons did not venture to oppose so reasonable a request, and one day's respite was allowed him. To the Lords the question of StrafFord's guilt or innocence naturally presented itself as in the main a matter of judicial Divergence consideration. To the Commons the escape of iMtweenthe Strafford would appear no mere miscarriage of Houses. . _ _ , , r V ... . 7 justice. It would bring with it a pressing and over- whelming danger. Whether it were true or not that Strafford had planned to bring the Irish army into England the summer before, there could be no doubt that the same Irish army not army was still kept on foot, though there was no disbanded. enem y against which it could be called on to contend. Both Houses had asked the King to disband it, but the joint petition had been left without a word of reply. In Stafford's interests Charles could not have committed a more grievous error. It is not likely that he had formed a deliberate intention of bringing the Irish army over to disperse the English Parlia- ment, It was not in his character ever to form deliberate intentions except when they were to take shape in merely pas- sive endurance. It was, however, unreasonable in him to expect that others should close their eyes to the plain tendency of his actions, simply because he foresaw nothing clearly himself. He wanted to make the most of every chance : of the consti- tutional authority of the Lords, of the threatening presence of his soldiers in Ulster, and of the sympathies of the unpaid English army in the North. The unconscious duplicity of his mind was dragging him to his ruin, and he dragged with him the servant, far nobler than himself, whom he most wished to save. Charles could not even rule his own household. The mild Y 2 " 324 THE IMPEACHMENT OF STRAFFORD. CH. xcvii. disapprobation which he had expressed of Suckling's army plot went absolutely for nothing. The Queen, it would seem, had made up her mind to force the hand of sn " her sluggish spouse. Chudleigh was sent back to the North with instructions from Jermyn and Endymion Porter to urge the officers to accept Goring as their lieutenant-general, and to be ready to march southwards in case of need. New- castle would be in Nottinghamshire with a thousand horse ready to take the command, and it was even added that the Prince of Wales would be there as well. Every Frenchman in London and the number of French settlers was not inconsiderable would rise at a given signal. 1 On April 3 Chudleigh convened a meeting of the officers at Boroughbridge. So strong was their feeling against Parliament, A rfl in consequence of its neglect of the army, that they Meeting of were easily persuaded to write to Goring, expressing *BowBgL tne * r readiness to obey him in the post to which they bridge. understood him to have been selected by the King himself. Chudleigh carried the letter to London on the 5th, and finding that Goring was no longer there, followed him to Portsmouth. Goring took him round the walls, and told him that 'if there should be any mutiny in LcTictor^ the Queen meant to come down thither for her safety, and that she had sent him down money to fortify it.' It was impossible that the Parliamentary leaders should long remain in ignorance of what was passing in the North. Conyers and Astley, the actual commanders of the army, had no wish to be superseded by Goring, and they had all the dislike of profes- sional soldiers to seeing the military force of the country dragged in the wake of a political faction. Conyers wrote to Con way to complain of Chudleigh's proceedings, and it is not likely that Conway kept the secret to himself. 2 The first effect of the 1 Chudleigh's examinations, May 10, 1 8. Pollard's examination, May 18, An Exact Collection^ 220, 223. Chudleigh's examination, Aug. 13, D'Ewes's Diary, HarL MSS. clxiv. 28. 2 Conyers to Conway, April 2, 6, 9, S. P. Dom. cccclxxix. 8, 13, 19. Chudleigh's Deposition, May 10, An Exact Collection^ 220. THE COMMONS AND THE ARMY. 325 meeting of the officers is to be seen in a fresh effort of the Lords to remove the cause of the evil On the one byThe en hand they renewed their urgency with the City to lend Lords " the money needed to pay of" both the English and the Scottish armies, and on the other hand they once more pressed the King to give an answer to the petition of the Houses for the discharge of the Irish army and the disarmament of the A rfl ^ English Catholics. 1 In the Commons the fear of im- r in the mediate military intervention was predominant At- in- tention was called to the letter which had been written tervenuon. by the officers to Northumberland on March 2o, 2 in which they expressed their readiness to fight the Scots. The House passed a resolution that any officer commanding an attack without orders from the King given upon the advice of Parliament, except in case of invasion, should be taken as an enemy to the King and State. 3 The wording of the resolution passed unheeded by. It was but the expression of that which all men there felt to be a The King to necessity. Yet to say that the King's orders were - only to be obeyed if they were given upon the advice of Parliament was a strange innovation on established usage. The presumption of the law had been hitherto, as the judges and Strafford had never been weary of saying, that the King would act for the general good of the community, even if at some particular moment he set the general feeling at naught. The resolution of the Commons was the first crude attempt to find a remedy for the evils produced fay the King's effort to free himself entirely from every obligation to consult the wishes of the nation. Before this fear of military violence Stafford's offences April 7 . assumed a deeper dye. On the 7th the story of his threats to the aldermen and his violent enforcement _ _ of ship-money was duly told. On the next day Erie April's, returned to the charge of bringing over the Irish army. 4 He showed that in the commission granted to Strafford 1 Z. y. iv. 207, 209. ' Page 314. 3 D'Evves's Diary, HarL MSS clxiii. 9. L, J* ii. 116. * See p. 318. For once Mr. Sanford makes a mistake ; he argues (304) 326 THE IMPEACHMENT OF STRAFFORD. CH. xcvii. in August he was empowered to repress revolts in England, and argued that it must have been evidently intended that his army should land in England. Strafford replied that his com- mission was a mere copy of Northumberland's, and that it was so drawn by the King's directions. 1 On other points which were raised Strafbrd was no less successful. It was impossible that the managers should leave their case thus. Hitherto they had been unwilling to compro- pn ' mise the younger Vane. They now resolved that Vane's notes the copy which had been taken of the notes which to be pro- duced. he had surreptitiously obtained from his father must be produced on the following morning. 2 When the morning came StrafFord did not appear. He sent a message announcing that he was too ill to leave the ^ ^ Tower. Pym and his associates seem to have fancied Stafford's there was a plot intended to create delay. They felt i ness. t k at t k e Lords were slipping away from them. They were not even sure of their hold over the Commons. That unhappy religious question stood in the way of all harmonious action, and it had only been by a majority of 39 that the truce with the Scots had been prolonged for another fortnight. There were many who wished, in the interest of the bishops, that another war might break out, in which the Scots might be less successful than they had been before. 3 that Whitelocke's account of this day's proceedings is untrustworthy, because he cannot find anything like it in Ritshworth. Rushworth, how- ever, breaks off at the end of the proceedings of the 7th, and only gives separate speeches afterwards. The story is to be found substantially as "Whitelocke gives it in the Brief and Perfect Relation, which is, as Mr. Palgrave has pointed out, a most valuable contemporary account of the trial. 1 Bankes gave evidence that it was so. Gawdy's Notes, Add. MSS* 14,828, fol. 31 b. 2 The elder Vane stated on the loth that he first heard that his son had taken the papers ' on Thursday last; * and this, together with the pro- bability that such a step would be taken after Erie's failure, seems to fix the resolution of the leaders for that afternoon. 8 The party meaning of this division is shown by the names of the tellers. D'Ewes's Diary, Harl. MSS. clxiv. fol. 161. See, too, Tomkins to Lambe, April 12, . P. Dom. cccclxxix. 27. 1641 THE HOUSES AT VARIANCE. 327 On the roth Strafford was once more at the bar. As he was about to speak, Glyn interrupted him, offering fresh evi- Aprii 10. dence on the Irish army, as well as on another matter dence evi " of less importance. Strafford asked to be allowed also offered. to produce fresh evidence. After two long adjourn- ments, the Lords decided as fairly as it was possible for them to do. Both sides were to name the articles to which they wished to recur. 1 The peers had dealt with the emergency as became judges. In the Lower House there were some to whom their impar- tiality was of evil omen. In that House there was flexible * a rigid, strong, and inflexible party,' which held that party. Strafford were e not found a traitor, the Parliament must make him so for the interest of the public.' 2 Though the managers were ready to go on with their case, they were stopped by shouts of " Withdraw ! withdraw ! 1? from the benches on which the Commons were sitting. The shouts were answered by indignant cries of " Adjourn ! adjourn 1 " from the Lords. Both Houses left the Hall in confusion. " The King laughed, and the Earl of Strafford was so well pleased therewith that he would not hide his joy ! " 3 Well might Charles and Straf- ford make merry. That which had been long looked forward to as possible had come to pass. The two Houses were at issue with one another. The sitting had been broken up without even the appointment of a day for the resumption of the trial. 1 L. J. iv. 212. There is a slightly different account in the Brief and Perfect Relation. - The Earl of Strafford Characterised, Somers Tracts , iv. 231. 8 D'Ewes's Diary, Harl. MSS* clxiii. fol. 27. Tomkins to Lambe, April 12, S. P. Dam. cccclxxix. 27. Brief and Perfect Relation, 57. CHAPTER XCVIIL THE BILL OF ATTAINDER. THE Commons returned to their own House in an angry mood. Glyn at' once called on Pym and the younger Vane to tell what 1641. they knew of evidence not yet disclosed. Vane told Vate^notes the House how he had found a paper of notes in disclosed. hj s father's study, how he had taken a copy of them, and how Pym had copied that copy. Pym confirmed the latter part of the statement. The elder Vane rose to say that the original notes had been burnt by the King's command. He appeared to be much agitated. " An unhappy son of his," he said, "had brought all this trouble upon him." So much of the notes was then read as bore upon the matter in hand ; l and the Secretary was asked whether the paper which had been produced corresponded with the original. He replied that it did, and that he had himself taken notes of it before he destroyed it. 2 The effect of this statement was strongly corroborative of the evidence which had been given by the Secretary before the Lords. No doubt the charge that Stafford had used the words about the Irish army of which he had professed to have no recollection, rested now, as it had rested before, on the single 1 It is unnecessary to go into the question whether the younger Vane was justified in betraying the secret. It was a case of a conflict of duties. If he had found evidence that a murder was about to be committed, he ought to have used the knowledge, acquired in any way, to save the person threatened. When he showed the notes to Pym, the danger of an actual attack from Ireland was still impending. 2 D'Ewes's Diary, HarL MSS. clxiv. fol. 162. 1 64 1 THE COMMONS IN A STRAIT. 329 evidence of Vane. It was, however, one thing to say that Vane had allowed a misrepresentation to grow up in a treacherous and hostile memory : it was another thing to say that he had been guilty of forgery. Even if it were thought possible that he might have descended so low, the fact that Charles had sent for the notes and had ordered them to be burnt a fact which is established not merely by Vane's assertion, but by Charles's silence seems to show conclusively that they were notes offi- cially taken with the cognisance of the King, and therefore liable to be called for by him at any moment It is perfectly incredible that Vane should have knowingly inserted a falsehood in a paper which was so likely to come under the eye of the incriminated person. 1 With this additional evidence before them the Commons had to reconsider their position. Evidently the proper course was that which the managers had intended to pur- the com- sue to lay the notes before the Lords, and to allow monstodo? Strafford to occupv two or three days with the additional evidence which he wished to bring forward. The * inflexible party, ' which was not the party of Pym and Hampden, was weary of the long delay. They regarded the judicial im- partiality of the Lords as open treason to the commonwealth. They showed themselves apt pupils of Strafford j or rather they shared in his belief that, as the safety of the people was the supreme law, so it was to be made, in moments of emergency, to override all positive legality. If Strafford had wielded the ancient weapon of the prerogative to render the monarchy absolute, why should not they have recourse to another ancient weapon, the Bill of Attainder, to strike down absolute mon- archy impersonated in its strongest champion? No doubt this method of procedure had some advantages. It was more honest and outspoken. It professed to punish Strafford because he had broken a law which ought to have been in existence, instead of twisting an existing law to make it mean something which all impartial persons if any there then were knew perfectly well that it did not mean. 2 It also commended itself 1 See page 125, note. 2 " Now the secret of their taking this particular way is conceived to 330 THE BILL OF ATTAINDER. CH. xcvm. to the feeling against the Lords, which was at this moment strong in the Lower House. The Commons would no longer be mere accusers. They, too, would be Strafford's judges, and would ask the Peers to join in a sentence which they had first pronounced. A Bill of Attainder was accordingly brought in. Of the debate which ensued no record has reached us. The name of First read- Sir Arthur Hazlerigg is, however, prominently con- B ut witn one settled purpose to overthrow the law. reply. -phe se p ara t e ac t s we re but cited in order that the purpose might be revealed. Giyn's strongest point was his refutation of Stafford's plea that he had counselled the assump- tion of special powers in the face of special necessity. He showed that for years the government had been conducted on the plea of special necessity. "My lords," he said, "for many years past, your lordships know, an evil spirit hath moved among us, which in truth hath been made the author and ground of ail our distractions, and that is necessity and danger. This was the bulwark and the battery that serves to defend all exorbitant actions ; the ground and foundation of this great invasion of our liberties and estates, the judgment, in the 1 For a specimen of the way in which scandal grows, see Baillie's remarks on this incident, i, 347. - Rushworth, Stafford's Trial, 633. It is here misdated as spoken on April 12. 1641 STRAFFORD AND PYM. 333 money ; and the ground of the counsel given of late to do any- thing, and to persuade the King that he was absolved from all rules of government" l Pym followed Glyn. Taking as proved the attempt to substitute arbitrary will for law, he painted with a firm hand Pym's a picture of the misery which would follow on the speech. substitution. Under the appearance of bringing the King to strength and honour, it brought him to weakness and dishonour. Reward and punishment, Stratford had once said, were the great motives by which men were led. Pym had a more excellent way to show. " Those," he said, "that live so much under the whip and the pillory and such servile engines as were frequently used by the Earl of StrafFord, they may have the dregs of valour, sullenness, and stubbornness, which may make them prone to mutinies and discontents ; but those noble and gallant affections, which put men to brave designs and attempts for the preservation or enlargement of a kingdom, they are hardly capable of, Shall it be treason to embase the King's coin, though but a piece of twelve pence or six pence, and must it not needs be the effect of a greater treason to embase the spirits of his subjects, and to set a stamp and character of servitude upon them, whereby they shall be disabled to do anything for the service of the King and Com- - monwealth ?" On this theme Pym had much to say. It was the old political faith of Elizabeth and Bacon revived in another form. The King, he held, could not act outside the nation as if he were separate from it " The King and his people are obliged to one another in the nearest relations. He is a father, and a child is called in law pars patris. He is the husband of the Commonwealth ; they have the same interests ; they are in- separable in their condition, be it good or evil. He is their head. They are the body. There is such an incorporation as cannot be dissolved without the destruction of both." To have done as much as in him lay to break up this harmonious unity was Stafford's crime, Pym's solemn voice 1 Glyn's speech, Rushworth, Strafford's Trial, 706. 334 THE BILL OF ATTAINDER. CH. xcvni. thrust the accusing charge home. Once indeed he faltered, and sought in vain amongst his notes. Then after a brief interval he recovered himself. 1 "Nothing," he concluded, "can be more equal than that he should perish by the justice of the law which he would have subverted ; neither will this be a new way of blood. There are marks enough to trace this law to the very original of this kingdom ; and if it hath not been put in execution, as he allegeth, this 240 years, it was not for want of law, but that all time hath not bred a man bold enough to commit such crimes as these, which is a circumstance much aggravating his offence, and making him no whit less liable to punishment, because he is the only man that, in so long a time, had ventured upon such a treason as this." 2 Pym's noble exposition of constitutional right had been directed as much to the ear of Charles, who was listening Charles un- ea g erl y to everv word as to th peers who were sit- t * n ^ * n J u< ^o ment - "I believe," wrote Baillie, "the King never heard a lecture of so free language against that his idolised prerogative." 3 It may be that if Charles, with heroic self-abasement, had stepped forward to take upon his own head the blame of the past, he might even yet have saved Strafford. Elizabeth might have done it. He could not do it. April i 4 . He could not even give his subjects reason to believe dii^e Ae that he had done with the theories of Strafford for ever. Irish army. On the very next day he intimated to the Houses that he hoped to see a general disarmament ; but that, as for 1 " To humble the man God let his memory fail him to a point or two, so he behoved to pass them. ^Baillie, i. 348. Out of this Mr. Forster constructed a romance about Pym's catching sight of Stafford's face and breaking down. Another account is : " It was sport to see how Master Pym in his speech was fearfully out, and constrained to pull out his papers, and read with a great deal of confusion and disorder, before he could re-collect himself; which failing of memory was no small advantage to the Lord-Lieutenant, because by this means the House perceived it was a premeditated flash, not grounded upon the Lieutenant's last answer, but resolved on before, whatsoever he should say for his own justification." Brief and Perfect Relation, 63. The contrast between Pym speaking from notes, and Strafford who spoke as the thoughts rose within him, is striking. 5 Pyrn's speech, Rushworth Straffor xcvin. sure on the Peers was too strong to make any other course The Bin in acceptable. Yet its advocates had already cause to Committee, regret that they had broken away from Pym. The debate on the order to go into committee had revealed the fact that the House of Commons was not unanimous even against Stratford. There was a scanty band l which urged over again every point which had been made by the Earl himself. One member asked whether Stafford's acts had amounted to treason. Another wished to know what proof there was that the Irish army was intended to land in England. The poet Waller went to the root of the matter by asking what were the funda- mental laws a question which drew down on him a retort from Maynard, that, if he did not know that, he had no business to sit in the House. 2 Yet in spite of the question- P " I5 ' ings of the minority it was resolved, before the after- noon of the 1 5th was over, that Strafford had endeavoured to subvert the fundamental laws of England. The Commons had now to learn how deeply they had Whether this was so or not and his practical experience of the House of Common"; makes his opinion of great weight it is altogether another ques- tion whether the delay was greater than was to be expected over a question of such importance, and in which such a warm interest was taken on either s : de. The Bill went into committee on the I4th, and was read a third time on the 2 1st, but a week later, though only the afternoons were set apart for the discussion. No doubt D'Ewes (HarL MSS. clxiii. fol. 45) says of the debate of the I4th that many made trifling objections * which they did only to keep off the question from being put. I was much amazed to see so many of the House speak on the Earl of Strafford's side.' But we are not bound now to hold that no one had a right to urge all that could be said on Strafford's side. When such intolerance prevailed amongst Stratford's enemies, his few friends may be pardoned if they sometimes urged rather poor arguments in his favour. This was the first occasion on which the Commons had really discussed the case on its merits. 1 "The long continuance of a Parliamentary contest," writes Mr. Pal- grave, "is a sure sign that opposing parties are very even." Perhaps so, when nothing is decided. But, when one side gives up point after point, it is a sign that one party is not sufficiently numerous to court a defeat. On the I gth there was a division on the most favourable ground that the Opposition could take, and D'Ewes tells us that they were beaten by at least three to one. Harl. MSS. clxiv. fol. 180. 2 B'Ewes's Diary, PlarL MSS. clxiii. fol. 43, 45 ; clxiv. fol. 172. i64i A LEGAL ARGUMENT. 337 offended the Lords. In the ordinary course of the impeach- ment they should have appeared in Westminster Hall Offence } *-J- . . Riven to the to hear the arguments of counsel on both sides on Lords. t ^ e i e g a | questions arising out of the evidence. Pym and Strode asked that there mi^ht be no interruption of the proceedings. St. John, however, carried the House with him when he proposed to send a message asking the Peers to postpone their sitting which had been appointed for the purpose of hearing counsel, and informing them that the Commons had a Bill of Attainder under consideration. 1 The Lords at once took fire. They answered that they would go on with the trial whether the Commons appeared or _ , not. They would hear counsel and deliver judgment. to SopthT The Commons, in return, declared their resolution to . rial - proceed with their Bill. 2 It was on such occasions that the weight of Hampden's character made itself felt. He seldom rose to speak, and he April 16. never spoke at any length. He now came to the Stenfls^o su PP ort f tne Lords. Let the managers, he said, mediaie, b e in their places to argue the question of law as they had before argued the question of fact. Pym seconded him vehemently. He told the members that if they abandoned the impeachment they would * much dishonour ' themselves. The House was only convinced so far as to resolve to be present, as a committee, to listen to the arguments of Strafford's counsel without replying to them. The legal argument on behalf of StrafTord was therefore April 17. duly heard. On the iQth the question, whether ailment. Strafford's acts amounted to treason, was fought out April 19. in the Commons. Selden and Holborne battled deTareda ^ ar ^ against the inevitable conclusion. The com- traitorbythe niittee voted by three to one that StrafFord was a Commons. April ax. traitor. The proviso. With this vote the future of the Bill was practi- cally settled as far as the Commons were concerned. The last 1 C. y. ii. 121. D'Ewes's Diary, HarL AfSS. clxiii. fol. 48. Moore's Diary, Harl. MSS. cccclxxxvL fol. 179 b. " Brief and Perfect Relation, 69. VOL. IX. Z 338 THE BILL OF ATTAINDER. CH. xcvin. debate on it in committee was on a proviso forbidding the judges to act upon the principles laid down in it in any other case. 1 The motion for the third reading was opposed by Digby in an impassioned speech. He denied that the charge of bringing DI b *'s over tne frish army was sufficiently proved, and he speech. argued that, unless this were done, there was no evidence of treason. He was ready to consent to a Bill de- priving Stafford of all power to do further hurt. To condemn him as a traitor would be a judicial murder. Such language had but little effect. Both Pym and Falkland declared in The third favour of passing the Bill, and it was read a third reading. t j me k v a ma jority of 2 04 to 5 9. Large as th e majority was, it was a majority in a thin House. In those days there were no published division-lists to keep members to their duty. Many a man who had courted election, grew weary of attend- ance as soon as the choice had to be made between giving offence to the King and giving offence to those in whose com- pany he sat. Theatres and bowling-alleys * the devil's chapels * as D'Ewes sternly called them- were more attractive than long discussions on constitutional law. Those who voted on the third reading of the Attainder Bill may fairly be taken as the average political strength of the Long Parliament. The vote had been carried by a coalition between the bulk of the two parties which were divided on ecclesiastical questions. Digby's Except Digby's, the only names of note amongst the conversion, mmority were those of Selden and Holborne. Some- thing of Digby's conversion from the violence of his opposition in the first days of the Parliament was, no doubt, due simply to a real dislike of the hard measure which was being dealt out to 1 This was naturally taken hold of by Strafford's friends as showing that the House was aware that it was stretching the law. The view of the Commons was that they would not trust the judges with a power which they believed Parliament to he capable of exercising. As was said, * The words to subvert the law were very wide, and a corrupt judge might stretch them far.' D'Ewes's Diary, Harl. MSS. clxiv. fol. 182. D'Ewes gave the only negative vote. He said 'it would be a great dis- honour to the business, as if we had condemned him because we would condemn him.' i6 4 i THE QUEERS IXFLUEXCE. 339 Strafford by men with whom the speaker had already come into collision on other grounds. More was owing to the flatteries which the Queen was now dealing out lavishly around her, and of which Digby had his full share. His change of front can excite no surprise. His polished brilliancy of speech was far more suited to the Court than to Parliament, and he had none of that steadiness of purpose, or of that reverence for the character of the nation as a whole, which would have kept him long by the side of Pym. If the Queen had but little success in the Commons, she believed that her blandishments had been exercised not in vain The Queen's amongst the peers. Holland had been won over by over e the e an ofler * ^ e command of the northern army, and peers. Savile, the forger of the invitation to the Scots, by a promise that he should succeed Strafford in the presidentship of the North. Beauty with its tears passing into smiles may have done much with Digby. It was not likely to have had much effect with Bristol's *" s father. Bristol was striving for an object which policy. was W orthy of a statesman's thought He wanted to bring the constitutional judgment of the Lords to bear upon the envenomed quarrel which was arising between the Commons and the King. He wished to save Strafford ? s life whilst incapaci- tating him from office. He also wished to maintain the epis- copal constitution of the Church whilst surrounding it with safeguards against the abuse of such powers as might be left in the hands of the bishops. It was a high and noble policy a policy which, if it could only have been carried into effect, would have spared England many a day of misery. Whether it was possible to carry it into practice in the face of the angry passions which had been aroused, is a question which is hard to answer. As matters now stood, it would be difficult for the Lords to avoid the appearance of being actuated rather by regard for their own dignity than by a sense of Lords. of duty _ Scarcely had the Bill made its appearance amongst them when Savile, a man born to bring disgrace upon every party which he joined, cried out, ' that the Lower House did encroach upon the Higher House's liberties, and did not Z 2 340 THE BILL OF ATTAINDER. CH. XCVIIL know their duties.' 1 Being contradicted by Stamford, he answered rudely, and the affair almost ended in a duel. Yet, after all, Strafford's fate rested even more with the King than with the Peers, and for the moment it seemed that Charles would bow his neck to submit to the wise guidance of Bristol. April 23. "The misfortune that is fallen upon you," he wrote Tfce King's to Strafford two days after the Attainder Bill passed Stratford. the Commons, " by the strange mistaking and con- juncture of these times being such that I must lay by the thought of employing you hereafter in my affairs, yet I cannot satisfy myself in honour or conscience without assuring you now, in the midst of your troubles, that, upon the word of a king, you shall not suffer in life, honour, or fortune." 2 For the moment, too, it seemed likely that Charles would give some security that, if he had not changed his mind, he had changed his policy. Again, there were rumours Kumours ol ,. - , ... ., . __ official of a fresh distribution of offices. Bedford, who, changes. ^thout modifying his opinion that Strafford was a traitor, was ready to vote against the infliction of the death penalty in order to conciliate the King, was still named as Lord Treasurer. Saye, the most irreconcilable of Jittorts to _. - save straf- runtans, was to be Master of the Wards. Pvm it ford. j was supposed, as it had been supposed in February, 3 was to be Chancellor of the Exchequer. Twice in the course of the week he was admitted to an interview with the King. 4 What passed between Charles and Pyin we have no means of knowing. It is quite possible that Pym refused to be content with anything short of Strafford's life. Essex, at all events, would not hear of any lesser penalty. Hyde, of whom it is not known whether he had given a silent vote for the. Bill of Attainder, or had abstained from voting, was employed by Bedford to argue down Essex's objections. At Hyde's suggestion that a heavy fine or a long imprisonment would be a sufficient punishment, \ One of the Scottish Commissioners to {?), April 27. Wodrow S* xxv., No. 155. 2 The King to Strafford, April 23, Strafford Letters, ii. 416. 8 See page 273. * Tomkins to Lambe. April 26, S. P t Dem. cccclxxix. 74. i64* 'STOKE-DEAD HATH XO FELLOW: 341 the Earl shook his head. "Stone-dead," he bluntly answered, "hath no fellow." He argued that, even if Strafford were fined or imprisoned, the King would not only restore his estate and release all fines, but would likewise give him his liberty, as soon as he had a mind to make use of him, which would be as soon as the Parliament should be ended. Essex did but express an opinion which was very widely entertained. It was not so much a question whether Strafford had been a traitor as whether April 24. Charles could be trusted. 1 The clamour of the draeJ? 11 " House of Commons was backed by a growing excite- pctition. merit in the City. On the 24th, 20,000 Londoners signed a petition calling for the execution of Strafford and the redress of grievances, as the only means of escape from the existing depression of trade, 2 During the first stages of this negotiation a compromise was come to between the Houses. The Commons agreed to reply The Com- to the legal arguments of Stafford's counsel, if they the n ar^ wer were understood to be directed to the question ment/of whether the Bill of Attainder ought to pass, and not atranord s f . * . counsel. to the question what judgment ought to be given on April 27. the impeachment In spite of opposition from Bris- readSg of to * an< ^ Savile the compromise was accepted by the der BiiTb 1 " Lords, and on the 27th the Attainder Bill was read the Lords, in their House a second time. The 29th was fixed for hearing the legal arguments of the Commons. 3 Nevertheless, an impression seems to have prevailed that, though the Lords were unwilling to quarrel with the other House on a point of form, they had made up their minds not to send StrafTord to the scaffold. It was evidently Charles's wisest course to rely on the Lords, and to allow himself to appear before the world, if he must interfere at all on Stafford's 1 Clarendon ', iii. 164. Dates and events are as usual mixed up here so as to create a thoroughly false impression, but I feel inclined to accept the separate anecdotes as substantially true. They are just the things which would remain in the author's mind when all sense of relation was lost. 2 Rusk-worth^ iv. 233. 3 Brief Journal, March I May 3, S. P. Dom. cccclxxx. 9. Z. y. iv. 227. 342 THE BILL OF ATTAINDER. CH. xcvin. behalf, as the guardian of constitutional right. Charles could not make up his mind to risk all that must be risked by the steady pursuance of this line of conduct To the Queen his attempts to respect the law must have seemed to be sheer infatuation. Her head was full of projects. No enterprise seemed too daring, no combination too extensive, for her self- willed inexperience. If we knew all we should probably be able to tell of Charles as carried away by her flashing eloquence, The Queen's agreeing to everything that she proposed, and profess- projects. j n g himself to be ready to carry out her projects, till calm consideration, out of her sight, once more commended to his mind some other plan which would at least keep him within the letter of the law. Such at least is the most probable ex- planation of the inconsistent action of the King during these agitated days. The Court of Henrietta Maria had few secrets. Rumour was busy with speculations as to the price paid by the Prince April 19. of Orange for a royal alliance. On the I9th Prince Prince 1 f William arrived to claim his bride. The Court William. gossips at once fixed on the sum of 1,200,000 ducats as that which he had brought over to relieve the wants of his future father-in-law. One of the Scottish Commissioners as- Charies serted distinctly that the sum was 200, ooo/. Whether sends money the tale was true or not, there is little doubt that to the army. . Charles was at this time sending money to York to conciliate the troops, and that he was encouraged by the reports which reached him to expect the help of the Northern army in the event of a breach with Parliament. He talked of going down in person to take the command. It was believed that he intended first to attack the Scots, and then to turn his arms against those who resisted his authority in England. 1 Almost 1 The King, says Giustinian, in his despatch of ^" 23 -* sent his money * a dissegni di conciliarsi 1'affetto loro, et renderle pronte a quelle impres- sion! che il tempo et la occasione le conciliassero d' intraprendere mag- giormente opportune.' In a later despatch of ^^ ^ the ambassador adds that the soldiers were well disposed to the King : * e pare che prosegua nei disegni avisati di voler tentare di nuovo con la forza di por freno alTardire 1641 CHARLES AXD THE ARMY. 343 at the same time he was doing his best to conciliate these very Scots, and was assuring them of his intention to come to Scot- land in person to preside over the next sitting of Parliament. 1 Other plans there were of still more extensive reach. Charles and the Queen were to take refuge at Hampton Court, Plan for a whence they would find the way open to Portsmouth. SitSn^ There the y would find Goring, and they still fancied Parliament. Goring to be true. An armed force was to be sent to seize the Tower, and the Northern army was to march on London. The Irish army, together with any troops which Frederick Henry might be disposed to lend, was to be sum- moned to Portsmouth, unless indeed it could be more profitably employed elsewhere. In the midst of the clash of arms, Parliament was to be dissolved, and Charles would be indeed a king once more. 2 Such fantasies as these could hardly be reduced to practical de' Scozzesi, non meno che a quella de' piii seditiosi d'Inghilterra ancora.' l r en. Transcripts. A contemporary letter embodied in the Brief and Per- fect Relation (p. 83) mentions a rumour * that the Dutchmen have offered money to the King for a new service of war.' 1 One of the Scottish Commissioners to , April 27, Wodraw MSS. -xxv. No. 155. 2 * Quando si agitava la causa del V. Re d'Irlanda e di volerlo in qualunque maniera salvarlo dalla morte, si determine da quelle M. M tk 1'andata all* Amtoncurt, et in questo mentre inandar gente a sorprendere la Torre di Londra, rompere il Parlamento, et havendosi di gia acquistata buona parte dell' esercito regio ritirarsi le persone Reali a Posmur, porto di mare forse il piu forte che sia in quei Regni. Cos! credevasi di liberare il V. Re, e dar leggi a quelli che le volevano distniggere, sperando di poter ci6 piii commodamente eflettuare mediante gl'aiuti di Hibernia e d'Olanda, se non per altra parte, almeno per il medesimo porto. Ma mentre le loro M. M 4i stavano apparechiate per eseguire le cose predette, sopra- giunse corriero con avviso che il Governatore di Posmur, benche havesse giurato fedelta al Re, haveva dato in mano al Parlamento la piazza. Al che s'aggiunse parimente che il Capitano della Torre rifuto di consegnar le chiavi di essa a S. M^, et il popolo trovavasi preparato per andar a Vitale, a passarene anche ad Amtoncurt, se fosse falto besogno. ' Rossetti to Barberini, p^jp 2 , 1642, R. O. Transcripts. The refusal of the Lieu- tenant was on May 2, which brings the formation of the scheme to the end of April. 344 THE BILL OF ATTAINDER. CH. xcvin. shape. Something, too, was certain to ooze out On the 28th April 28. fr was k n wn tnat f r some weeks a vessel, chartered Kan for ^ by Strafford's secretary, Slingsby, had been lying in esSpe r s the Thames, and that the master, being questioned noVrn ' about his destination, had answered gruffly, that it was nothing to him on what service he was employed so long as he had victuals and pay. 1 The suspicions which the Com- mons were thus led to entertain could not but be heightened by a speech addressed to them by the King on the afternoon of the very day on which they had received information of the The Kin preparations for Stafford's flight. In involved phra- a s am refuses seology, Charles gave them to understand that he the Irish meant to keep the Irish army together till the army ' English and Scottish forces in the north were dis- banded. 2 Strange as it may seem, Charles appears to have expected gratitude for the announcement. The King, wrote D'Ewes, " stayed a pretty while looking about, but there was ^. . f not one man gave him the least hum or colour of Dissatisfac- . ,. , . _ ... _ tionofthe plaudit to his speech, which made him, after some Commons. ^^ of ex p ectat j on? d e p art suddenly. Many were much grieved at this speech, because they saw no sudden hope of dissolving the said Irish, popish army." 3 On the following day, in the midst of the investigations into the plans for Stafford's escape, and with the King's refusal April 29. to disband the Irish army fresh in their minds, the St. John's Lords were called on, to listen to St. John's argu- argument. ment Qn the \^\^ o f t k e Bill of Attainder. When he spoke, St. John had doubtless heard something at least of the rumours which were afloat, something perhaps of Charles's expectation from the Dutch marriage, or of the plan for bring- ing the army from the North, and he had certainly listened to the King's unsatisfactory speech of the preceding afternoon. Under the influence of this he broke away from the long chain of statute and precedent, upon which it was his business to 1 D'Ewes's Diary, Harl. MSS. dxiiL no. Z. J. iv. 229. See also the story of the three women listening through the keyhole. An Exact Collection^ 235. 2 C. y. ii. 131. D'Ewes's Diary, HarL MSS. dxiii. fol. 113. 1 64 1 S7\ JOHX'S ARGUMEXT. 345 rely. "We give law," he said, "to hares and deer, because they be beasts of chase ; it ^as never accounted either cruelty or foul play to knock foxes and wolves on the head as they can be found, because they be beasts of prey. The warrener sets traps for polecats and other vermin for the preservation of the warren." Stafford's maxims were thus turned against him- self. 1 The Commons, too, claimed, in a moment of supreme danger to be loose and absolved from all rules of govern- ment There can be little doubt that by this time the Attainder Bill was gaining ground in the House of Lords. 2 The growing Charles belief that plots, the extent of which it was impos- appeaitothe s ^ e to know, were entertained at Court, would do Lords. more to convert the Lords than all St. John's elo- quence. On the 3oth, too, when the report of the King's speech of the 28th was read by the speaker, the Commons again testified their dissatisfaction. " There followed," according to D'Ewes, " a long silence in respect it gave so little hope of dis- banding the Irish army, and yet that the King pressed us to disband the other two armies, and told us that \ve were masters of the same." 3 No wonder that Bristol and Savile, 4 the two 1 Rushworth, Stratford's Tridl> 703. We are told that several times in the course of this speech Strafford raised his hands to protest. In Ranke's account this grows into a special protest against this part of the speech. - Writing of the King's speech of May I, Giustinian says that it wjis made ' sospettando il Re che 1'odio di molti Parlamentarii con le gelosie di rendere mal sodisfatto il popolo persuadino ad abbraciarlo, ' i.e., the Bill of Attainder. A letter which reports news from another letter written on the 29th or 3Oth is more explicit. The writer says * that the Bill of Attainder had been read twice in the Upper House, and the passing is yet doubtful, Thirty Lords are for it, but many of the fifty lords are come about, and therefore it is generally conceived the Earl will lose his head. Other letters say that Mr. St. John did make such an excellent argument as satisfied the opposites. 3 King to Calthorpe, May i, Tanner jMSS. Ixvu fol. 72. 3 D'Ewes's Diary, HarL MSS. clxiii. fol. 120. 4 These names are given in the letter of Father Philips {Ruskworth 9 iv. 257). Clarendon gives Saye's name instead of Savile's. It is not likely 346 THE BILL OF ATTAINDER. CH. XCVIIL who were most anxious that Stratford's life should be spared by a constitutional vote of the House of Lords, urged Charles to come forward to give assurance that, in pleading for the life of the prisoner, he had no wish to restore him to authority in the kingdom. No doubt there was hazard in the step. The Lords might take umbrage at an interference by the King in a matter pending before them, Charles, however, had already brought matters to such a pass that to refrain from interfering was in- finitely more hazardous. The King consented to do as Bristol and Savile asked. Probably he was glad to do anything which gave him a chance of extricating himself from the wild schemes in which he was May i. entangled. On the morning of May i the Usher of The Kind's the Black Rod knocked at the door of the Commons. erven ion. ^ w hi s p er ran rO und the benches that a dissolution was imminent a dissolution, which, as most men there believed, would be promptly followed by acts of violence. Maxwell at once reassured the members. " Fear not, I warrant you," l he said with a smile, as he summoned them to the Upper House. When they arrived there they found the King on the throne. He had come, he said, to give three assurances. No one had ever advised him to bring the Irish army to England. No dis- cussion had ever taken place in his presence, in which the disloyalty of his English subjects had been assumed. He had never been advised to change the least of the laws of England, far less the whole of them. He hoped, therefore, that a way might be found to satisfy justice without pressing on his conscience, He had already resolved that Strafford was unfit to serve him in any office, if it were but that of a constable. " Therefore," he ended by saying, " I leave it to you, my lords, to find some such way as to bring me out of this great strait, and keep our- selves and the kingdom from such inconveniences. Certainly, that Savile was anxious to befriend Strafford, but he must have known that to procure the replacement of a sentence of death by one of banishment or imprisonment was the surest way to stand well at Court. The name of Bristol is conclusive against any suggestion that the action was meant to injure and not to save Strafford. 1 D'Ewes's Diary, HarL MSS. clxiii. 122. 1641 THE KIXG'S INTERVENTION 347 he that thinks him guilty of high treason in his conscience may condemn him of misdemeanour." l The tone of the last sentence was undoubtedly unwise. It had too much the air of a dictator calling on the Lords to vote t to order. Stratford considered the King's interven- EfTect of the . . . .... ...-_.. , King-sinter- tion to be in itself impolitic. 2 If it was so, what is to be said for those wicked schemes which by com- parison give to it almost the air of superhuman wisdom ? A week before, the speech might have had some effect. It could have no effect now. If the Lords remained unmoved, there was no chance of moving the Commons. No clearer evidence of the depth of feeling against Strafford can be found Compromise than in the fact that the two ecclesiastical parties ChSSi agreed upon a compromise in the face of the existing question. danger. Hampden and Falkland came to an under- standing that Episcopacy should be reformed, not abolished. A Bill for the exclusion of the clergy from secular The Bishops' -- - - , .... Exclusion offices, and for shutting out the bishops from the BllL House of Lords, had passed the Commons without serious opposition, and had been carried up to the Peers that very morning. 3 It was known already that Charles had said in conversation that he would never give his assent to such a Bill. So dissatisfied were the Commons that Pym prudently moved an adjournment as soon as they returned to their own House after listening to the King's speech, c lest they should break out in some rash distemper. 7 May 2. The next day was a Sunday. It had been fixed to Princess * r t ^ ie ce ^ e ^ rat i on OI ~ tne marriage of Charles's eldest Mary. daughter. Prince William of Orange, the bearer of the most illustrious name in Europe, a bright hopeful lad of 1 Ritshworth, iv. 239. Bristol and Savile must not be held responsible for the wording of the speech. 2 Strafford to the King, May i, Rushworth, iv. 251. 3 Clarendon, iii. 330. Falkland Is stated to have said after the autumn vacation * that Mr. Hampden had assured him that, if the Bill might pass, there would be nothing more attempted to the prejudice of the Church.' As the Bill did not pass, Hampden no doubt considered himself relieved from his promise. 348 THE BILL OF ATTAINDER. CH. XCVIIL fifteen, plighted his troth at Whitehall to the child of nine who was one day in her early widowhood to bring forth a child who, nurtured in adversity, was to become the deliverer of half a continent. The day of the Princess's marriage was one of anxiety and gloom, and the ceremony was shorn of its accus- tomed splendour. There were divisions even in Charles's own household, and the Elector Palatine, who had at last been liberated from his French prison, refused to be present at the banquet because the bride had not been given to himself. l It was ambition rather than love which was the cause of Charles Lewis's displeasure. He had returned to England hoping that his uncle would at last help him to the tion of the recovery of his inheritance, and he found that all that Palatine. could be done for him was the despatch of Roe on a Roe's fresh mission to Germany. Nor was the Elector the mission. Prince who miscalculated Charles's power to help. The Spanish monarchy was apparently breaking up. Catalonia was in full rebellion ; Portugal had shaken off the hated Castilian yoke, and had declared itself once more an independent kingdom under a prince of the house of Braganza. A Portuguese ambassador had lately arrived to ask for the alliance of England. The ambassador was not likely to gain much real assistance from Charles ; but there was a way in which Charles might gain something from the Portuguese ambassador. By authorising him to gather soldiers in England an Portugal. excuse had been found for bringing armed men to- gether in London. For some little time Suckling had been busily engaged, with the aid of a certain Captain Billingsley, in inducing men to give in their names for the Portuguese service. The men were collected with a very different object. Foiled in his hope of carrying the Lords with him to the side of mercy, Charles now fell back on his former plan. On the Sunday morning Billingsley made his appearance at the Tower with an order from the King to the Lieutenant, Sir William Bal- four, to admit him into the fortress with a hundred men-. i Giustinian to the Doge, ^^jjy , May 1, Vm. Transcripts, R. O. 1641 AV ATTEMPT TO SAVE STRAFFORD. 349 Balfour was a good Scotsman, and refused to let him in. He Biiiingbiey gave information of what had occurred to the Par- mfSSninto iiamentary leaders. 1 For Charles's purpose nothing the Tower, worse could have happened. Even if he had learnt, from the coolness with which his speech had been received by the Lords, that Strafford could only be saved by force, it was childish to expect to gather secretly together armed troops in the heart of such a city as London, where there were thousands of men accustomed to bear arms, and where there was scarcely one of them who did not dread the liberation of Strafford more than any other earthly danger. No doubt Charles might justify to himself the legality of what he had done. The law gave him the custody of the Tower, and it was his duty to see that his prisoners were safe from the violence of a mob. Coming as it did, after so many other intimations of an appeal to force, this act left the worst possible impression. The danger seemed all the greater because no one knew its actual dimensions. It was known in the City Suckling on Sunday that Suckling had brought sixty armed arSId men men to a tavera ' m Bread Street, and had dismissed to a tavern, them with orders to return on Monday evening. 2 This, then, was the comment of facts on the King s speech. It came at a time when men's minds were distracted with rumours of the King's intention to set out for the army, of an immediate dissolution of Parliament, and of aid given by the Dutch Prince to re-establish his new father-in-law in his ancient authority. The City was seized with a wild impatience to bring the long May. 3 agitation to a close. As the peers gathered at West- Th \vS mults m i nster on tne m o rn i n g of tne 3 r( i they found the doors of their House beset by a mob shrieking for justice and execution upon Strafford. Arundel, as acting Lord High Steward, was specially called on to do justice. He an- swered meekly that he was going to the House to that effect. " We will take your word for once," replied those who stood nearest him, and let him go. When the peers came out again 1 Balfour's examination, Rushwortk* iv. 250. Examinations of Balfour, \Vadsworth, and Lanyon, An Exact Collection^ 232. 2 Moore's Diary, Harl. 3ISS. cccclxxviL 26 b. 350 THE BILL OF ATTAINDER. CH. xcvin. at the end of their sitting, Bristol was in special danger. " For you, my Lord of Bristol," some one cried out, " we know you are an apostate from the cause of Christ, and our mortal enemy. We do not, therefore, crave justice from you, but shall, God willing, crave justice upon you and your false son." l As soon as the peers had dispersed, the crowd amused itself with posting up a placard containing, under the title fordkns of ' Straff ordians, betrayers of their country/ 2 the posted up. names O f t k e fifty ..nine members of the House of Commons who had voted against the Attainder Bill. It is even said that one man called out, "If we have not the Lieutenant's life, we will have the King's." 3 The riot was not the work of the ordinary populace. The stoppage of trade caused by the political uncertainty was felt Character of ^7 tne merchants and shopkeepers more than by the the mob. apprentices, and all authorities concur in stating that merchants and shopkeepers constituted the bulk of those by whom the outcry was raised. 4 When they met that morning the Commons remained for some time silently regarding one another, as men looking for counsel and finding none. At last the Clerk began to read the Bill which stood first on the Orders of Day. It happened to m be one for regulating the trade of wiredrawing. The The meeting . . , . , of the inappropnateness of the subject struck the members ommons. ^.^ ^ sense of ludicrous incongruity, and the ten- sion of their feelings relieved itself in a loud burst of laughter. Then there was again silence for a quarter or half an hour, 6 1 Brief and Perfect Relation, 85. Contemporary authorities attribute the arrival of the mob to the King's speech, but it is impossible to doubt that the knowledge of Suckling's meeting with his sixty men must have given the worst possible interpretation to the speech. 2 For a complete list see Verney Notes, 57. 8 Brief and Perfect Relation, 87. 4 The Venetian ambassador, for instance, says that the mob consisted *delli piu bene stanti di questa citta.' Giustinian to the Doge, May ~ Ven. Transcripts, . O. * ' 5 D'Ewes's Diary, Hart. MSS. clxiii. 24. The doubt as to the time, says Mr. Sanford, c in such an accurate man as D'Ewes, shows the alarm which he really felt. ' Stud fs of the Great Rebellion, 351. i64i THE COmiOXS EXCITED. 351 At last orders were given none too soon that a letter should be prepared to give assurance to the army that the bc.Snfto soldiers should shortly receive the arrears of their the army. ^ rp^ p enn i ngton rQse tQ ^ Q f Suckling's armed gathering. These men, said Clotworthy, xvere but part of the forces which were being raised. There were intended to be * three regiments of foot and one troop cussed. of horse \ but for what end he knoweth not.' There was no division of opinion now. Tomkins rose to add * that many Papists were newly come to London/ The King's speech delivered on Saturday was then read by the Speaker. Tomkins declared himself certain that Strafibrd was a traitor, and moved for a conference with the Lords. Pym gave to this suggestion a more definite form. Even yet he was not prepared to bring odium on the King by re- Pym's vealing the knowledge which he had derived from speech. Goring. 1 He pointed out that the King's interference with a matter still under discussion was a breach of the privi- leges of Parliament. Then, reiterating his conviction that Strafford was guilty of treason * in the highest degree,' he ac- knowledged that, after the Lords had passed the Bill, the King would have it in his power to accept it or to reject it, as he thought best. If the King were then dissatisfied with it, it would be the proper time to c inform him better.' Pym, in short, was for leaving to the King his constitutional rights intact ; but he had no idea of including amongst those rights that of directing a military force against Parliament " Truly," he said, " I am persuaded that there was some great 1 Historians have hitherto grounded their supposition that Pym now revealed his knowledge on a speech assigned by Rushworth to this day. That speech, however, contains a demand for the closing of the ports, and it is impossible that such a demand, if a sufficient motive were given for it, should have been left unacted on for two whole days. On the other hand, Pym's speech of the 3rd, as reported by Moore (JffarL AtSS. cccclxxvii. fol. 27 b), and in the Verney Notes t 66, is plainly different from the one given by Rushworth, which I assign to the 5th, the day when the order for closing the ports was given. Another mistake made here by Rushworth is that he gives May 3 instead of May I, as the date of the sending up of the Bishops' Exclusion Bill to the Lords. 353 THE BILL OF ATTAINDER. CH. xcvm. design In hand by the Papists to subvert and overthrow this kingdom, and I do verily believe the King never had any intention to subvert the laws, or to bring in the Irish army ; but yet he had counsel given him that he was loose from all rales of government \ and, though the King be of a tender conscience, yet we ought to be careful that he have good counsellors about him, and to let him understand that he is bound to maintain the laws, and that we take care for the maintaining of the word of God." The Commons must declare their allegiance to the King's person and legal prerogative. They must bind them- selves to maintain the liberties of the subjects, must find means to pay the Northern army and the Scots, and must provide a remedy for the grievances of Ireland. As Pym had struggled against the conversion of the im- peachment into an attainder, so he now struggled against the idea that the conflict with the King must be fought stit?t?orS" out by other than constitutional means. The King position. mus t be brought round by persuasion, not by force. In the end he must be surrounded by new counsellors, as a guarantee that he would conform to the new order of things. It was far too sanguine a view of what was possible with Charles. In the meanwhile Pym did not fail to recognise the necessity of a counter-organisation to the forces which still remained at the disposal of the monarchy. In our time it is difficult to under- stand the necessity of such a step. The House of Commons is with us itself the centre of the national organisation to which the whole country instinctively rallies. In 1641 it was nothing of the kind. All the habits of men led them to look to the King for guidance. Parliaments were but bodies meeting at rare intervals, doing important work and then vanishing away. Nor was Pym's name as yet one to conjure with. Inside the House he was becoming better known every day. Outside he was scarcely more than one of a multitude. In default of the enthusiasm which personal leadership gives, it was necessary to He proposes awaien the higher enthusiasm which is inspired by an appeal to fellowship in a common cause. Secret cabals in the t e nation. Q Qmt an ' m ^ army . the general feeling of the nation. 1641 THE PROTESTATION 353 Further than that Pym did not go for the present. He wished, perhaps, to see how Lhe idea would be received At Reception of ^ rst ^ seemed to fall flat on the House. One mem- his proposal. k er proposed a simple conference with the Lords on Strafford's case. Culpepper asked that a remonstrance, such as had been suggested early in the session by L)igby, might now be drawn up for presentation to the King. Neither of these plans met the real difficulty, which lay in the fact that the danger came from the King himself. The situation was at last cleared by a few plain words from Marten. "We," he said, " are honest, disjointed fellows. Let us unite ourselves for the pure worship of God, the defence of the King and his subjects in all their legal rights." " He that hath been most abused/' said Strode, " doth not yet perceive it. The ill counsel given to the King doth make that the King understandeth not what treason is ; and, therefore, if care be not taken, we shall be dispersed through the kingdom." One member after another rose to approve of Pym's idea, Peard referred to the precedent of the oath of association taken in Elizabeth's reign. Such a protestation, said Holies, would give them 'force and reputation.' It would show the tion'tolb?" world that they were united. They would then be drawn up. & ^ Q ^ o ^ through with whatever 3 they might under- take. A committee was appointed to draw up the manifesto. The reception of the report made by this committee re- vealed that, on some points, at least, the House was not united. The draft of the Protestation contained a promise to maintain f the true reformed Protestant religion.' Hopton moved the insertion of the words, c as it is now established in the Church of England.' A sharp controversy followed The Root-and- Branch members refused to bind themselves against the changes which they believed to be necessary. A compromise was at last arrived at by which the maintenance of the doctrine of the Church was alone mentioned, whilst nothing was said about its discipline. 1 1 Moore's Diary, HarL MSS* cccclxxvii, fol. 27 b. Verncy Notes, 66. D'Ewes's Diary, HarL MSS. clxiv. fol. 195. The first draft of the Pro- testation in the Commons 1 Journals is worthless. VOL. IX. A A 354 THE BILL OF ATTAINDER. CH. xcvin. " I, A. B.," so ran this memorable appeal in its final shape, " in the presence of Almighty God, promise, vow, and protest The Protes- to maintain and defend, as far as lawfully I may, tation. ^.jtk m y ]jf e? power, and estate, the true Reformed Protestant Religion, expressed in the doctrine of the Church of England, against all Popery and Popish innovations within this realm contrary to the same doctrine, and according to the duty of my allegiance, his Majesty's Royal person, honour, and estate, as also the power and privileges of Parliament, the lawful rights and liberties of the subjects, and every person that maketh the protestation, in whatsoever he shall do in the lawful pur- suance of the same and to my power, and as far as lawfully I may, I will oppose, and by all good ways and means endeavour to bring to condign punishment, all such as shall, either by force, practice, counsels, plots, conspiracies, or otherwise, do anything to the contrary of anything in this present protestation contained ; and further, that I shall, in all just and honourable ways, endeavour to preserve the union and peace between the three kingdoms of England, Scotland, and Ireland ; and neither for hope, fear, nor other respect shall relinquish this promise, vow, and protestation." l The importance of the Protestation lay far more in what was implied by it than in what it actually said. No doubt the what Commons still believed that the King was led away implied in it. by ev jj counse i j an( j that his own mind was perfectly pure and patriotic ; but their belief had already reached that stage at which it seemed not quite advisable to act on it with complete assurance. Though the association to be formed must necessarily be formed for the King's security, but it was as well that it should be organised without any reference to him. The Covenanter Baillie at once discerned the import of the Pro- testation. " After much debate," he wrote, " at last, blessed be the name of the Lord, they all swore and subscribed the write which here you have, I hope in substance our Scottish Cove- nant God maketh our enemies the instruments of all our good. We see now that it hath been in a happy time that so much time hath been lost about Stafford's head." 2 1 Z. J. iv. 234. 2 Baillie, i. 351. 1641 TEMPER OF THE LORDS. 355 As soon as the Protestation had been accepted, a Preamble was drawn up, in which the House declared that, in addition T>^Pre- to tne grievances which they had already mace amLie. known, they found great cause of jealousy that en- deavours " had been, and still are, to bring the English army into a misunderstanding of this Parliament, thereby to incline that army with force to bring to pass those wicked counsels.*' For the first time the danger which all men dreaded was clearly pointed at. Whether Pym had revealed all that he had Fear of the known for weeks from Goring's information or not, the army. meeting of the officers at Boroughbridge cannot have remained a secret. Charles had been working as a conspirator in the broad light of day. Not only the Commons, but the Lords as well, were shocked by the discoveries which were pressing on them. When the Lords met again in the afternoon, it was evident that they were at last likely to range themselves on the side of the Lower House. They had drawn from Charles an acknowledgment that he had given orders to Bil- lingsley to occupy the Tower, though he tried to explain away his share in the matter by alleging that it was necessary to keep the munitions in store under safe custody. 1 The Lords re- solved that they would themselves see to their safe keeping, and directed that Essex, Saye, and Brooke should provide for the admission of 500 men from the Tower Hamlets as guards of the fortress. Charles's futile attempt to employ force had destroyed his chance of a constitutional support from the House of Lords. The Peers acquainted the Commons that the only hindrance in the way of the Bill of Attainder lay in the concourse of people round the House. They now wished to act as the Commons would have them act, but they did not wish to act under the appearance of dictation. The next morning the Protestation was taken by all the 1 The King's statement is to be found in the MS. Journals of the House of Lords. Like everything else relating to Stafford's trial, it was deleted with the pen after the Restoration, and is omitted in the printed journals ; but there is no difficulty in reading every word. A A 2 356 THE BILL OF ATTAINDER. CH. xcvm. Protestant Lords. Outside the doors the uproar continued. May 4 . In the place of the well-dressed merchants and shop- taklthT 15 keepers tvho had appeared the day before. Palace Protesta- y ar c[ was filled by a rougher mob, armed with swords inte'rvenro- anc * clu ^s. No damage was, however, done, and in of the mob. the afternoon the populace was sufficiently satisfied with the progress of affairs to return home. 1 In the Commons a step was taken hardly second in signifi- cance to the adoption of the Protestation. The clergy and The Protes- citizens of London were invited to testify their ad- SStid fc herence to it by their signatures. There was to be a the city. general association outside the House to oppose the machinations of the Court. As usually happens when danger is apprehended before it appears in a definite form, the air was full of rumours. Cra- wariike dock, one of the City members, announced that rumours. preparations had been made to supply the army in the North with munitions of war. 2 Information from Paris spoke of movements of troops on the French coast, and these were interpreted as convincing proof that Louis intended to send help to his sister in her distress. 3 It is true that Montreuil had conveyed to the Parliamentary leaders assurances of Richelieu's friendship. 4 But diplomatic assurances are unsafe 1 Gerard to (?), May 6, Tanner MSS. Ixvi. fol. 83. 2 D'Ewes's Diary, HarL MSS. clxiv. 197. 3 "A Jesuit in Paris told an English merchant of the treason, viz., although he were of that order, yet he had English blood in him, and was grieved to see his country bought and sold, for the French soldiers were to land at Portsmouth, the Irish army in such a place, the Papist in such a place ; and that merchant came away first and discovered it to Mr. Pym and two lords ; and we hear that the Queen and Prince, and some say the King, should have been at Portsmouth, and so in the back of all the nobles ; but if the City had been overrun and the Tower taken,- it would have been a very sad time. "King to Calthorpe, May 17, Tanner MSS. Ixvi. fol. 93. I gather that this news arrived on the 4th, because the sitting closed with an order that the House should consider on the following morning the motions this day made concerning Papists and Recusants, and concerning the declaring of those enemies of the State that should negotiate the bring- ing of any foreign force in the kingdom. 4 Montreuil's despatch, March BibL Nat. Fr. 15,995, fol. 163. 1641 AX ALARM AT WHITEHALL. 357 ground to rely on, and it is quite possible that some rumour of the Queen's desire for help from France may have reached the ears of Pym. Even in these days of crisis the Queen's servants had been indiscreetly chattering of aid which was expected from that country, 1 and whether the story which had reached Pym from Paris was true or not, it was not one which he could safely afford to despise. At Whitehall, when night came, all was hurry and confusion. The tumults of the day, and of the day before, had thoroughly Confusion at alarmed the Court. Neither Charles nor the Queen Court. believed that they could remain with safety in London. The King talked of taking refuge with the Northern army. The Queen prepared to remove to Hampton Court, doubtless with the intention of seeking safety behind the walls of Ports- mouth. Whitehall had no secrets from Pym. The news of the Queen's intended flight was undoubtedly serious. She might indeed be merely wishing to find shelter at Portsmouth, but it was only too likely that she intended to summon a French force to her aid. When the next morning arrived, Pym resolved to communicate to the House, if not all he knew, at least far more than he had before disclosed. On the 5th, therefore, he told what he had heard from Goring and from others. A design, he said, had been formed. , _ not only to disaffect the army, but to bringit up to eals overawe the Parliament. The French were drawing forces to the seaside, and there was reason to fear Army Plot. ^^ ^y. a j me d at Portsmouth. Persons in high posts about the Queen were deeply engaged in these plots. The ports should therefore be stopped, and the King be 1 Montreuirs despatches, May j-^. Mazure, Hist, dc la R& Q io, 23 iii. 422. In order to discover the real sentiments of any set of people, the safest test is to look to expressions dropped casually rather than to formal opinions uttered in public. In a letter of compliment, the Earl of Warwick excuses himself from paying more attention to Prince William * estant tous- jours'enles affaires d'Estat et du Parlement, pour nous vider des guerres civiles, que j'espere Dieu nous delivrera.' Warwick to the Prince of Orange, Groen "can Prinsterer, ser, 2, iii. 445. 353 THE BILL OF ATTAINDER. CH. xcvm. asked to issue orders that no one in attendance upon himself or upon the royal family should depart without leave from his Majesty, given upon the advice of Parliament. 1 Upon such an announcement the House could not but take immediate action. Each member was directed to supply information as to the arms and munitions in pOSSeS- ResoIutions - . . . , J , __ of the com- sion of his constituents, and to present to the House moas " the names of such of the lords-lieutenants and their deputies as he considered to be well affected to re- ligion and the public peace. A resolution was passed, that any person helping to bring a foreign force into the kingdom, * unless it be by command of his Majesty, with the consent of both Houses, 7 should be adjudged to be a public enemy. The Peers were asked to take evidence upon the Army Plot by oath, and to request the King to detain all the attendants of the Court. 2 The Lower House, however, was not inclined to trust entirely to the Lords. A secret committee, consisting of Pym, The secret Holies, Fiennes, Hampden, Culpepper, Clotworthy, committee. an( j Strode, was appointed to conduct an independent investigation. 3 The Lords were now in a mood of ready compliance. The Action by announcement that Newport, opposed to the Court the Lords. as he was> ^ been a pp O i nte d Constable of the Tower, fell flat in the excitement of the revelations which were crowding in upon them. A committee was appointed to ex- rthi iv. 240. Giustinian, in his despatch of May -, mentions the King's intention to go to York, and the Queen's project. Montreuil, in writing of the proceedings of the 5th in the Commons, says that they were not quite certain about Suckling's plot for helping Stafford's escape, but that * s'estant fortifies par la soudaine resolution qu'avoit pris la Royne de la Grande Bretagne d'aller a Hampton Court, et de la, coinme on s'ima- gine a Portsmouth,' they sent a message to the King, BibL Nat. Fr. 15,995, foL 230. 2 The Verney Notes give a different order for the speeches from the Journals and Moore* s Diary. 3 The names are given in Moore's Diary, Harl. MSS. cccclxxvii. fol. 37 b. The appointment of the committee is not mentioned in the Journals, though the obligation to secrecy is, C. J. ii. 135. 1641 THE LORDS CHANGE THEIR MIXDS. 359 amine into the Army Plot, with instructions to maintain secrecy; whilst a deputation waited on the King to ask him to detain the suspected persons. Charles gave the orders which he was asked to give. 1 In the Commons the growing excitement manifested itself in unexpected ways. As the House was in full debate, a board in the floor of the gallery cracked under the weight the House of of two very stout members. Sir John Wray, with the commons, O f a secon( i Guy Fawkes on his mind, called out that he smelt gunpowder. Members who were near the door rushed out into the lobby. Strangers loitering in the lobby rushed out into Westminster Hall. Some of them shrieked out that the parliament-house was falling, and that the members were killed. When the news reached the City, the trained bands turned out to come to the succour of the mem- bers, and marched as far as Covent Garden before they learnt that their help was not needed. 2 No one now doubted that the Lords would pass the Attain- der Bill. It was one thing to vote Straffcrd to perpetual imprisonment before Billingsley had been commis- der C Biii in " sioned to secure the Tower and the Army Plot had the Lords. k een Discovered ; it was quite another thing in the face of a general belief that Charles had attempted to set him free in order that he might head troops in the field against Parliament. It is by no means likely that the Peers as a body changed their mind through craven fear of mob violence. We may well believe that, with the knowledge which had been gained since the beginning of the week, the rude saying " stone- dead hath no fellow " had taken possession of many who had closed their ears to it before. Whilst the Lords were pushing on the Attainder Bill, a still BUI against more important step was taken by the Commons. t?on d ofthe" The necessity of finding money for the armies stared Parliament, them in the face, and the only -way of obtaining money was by contracting another loan. Harrison again came i L. y. iv. 233. - Rushworth, Stafford's Trial, 744. 360 THE BILL OF ATTAINDER. CH. xcvm. to their aid, and offered to lend 150,0007. on the security of the customs. 1 At once the question was raised whether Par- liament had it in its power to give any such security. The Commons were in instant fear of dissolution, and there could be very little doubt that the moment that the words of dis- solution had been pronounced, the farmers of the customs would receive orders to pay their rent to the King, and not to Harrison. It was at once proposed and it may be easily believed that there were other arguments in favour of the proposal besides those which were openly alleged that a Bill should be brought in, providing that the existing Parliament should not be dissolved without its own consent The proposal was welcomed with singular unanimity. It may be that Pym and Hampden threw their hearts into their vote more de- cidedly than Hyde and Falkland, but the assent of Hyde and Falkland was given as thoroughly as that of Pym and Hampden. On the 6th it was expected that the courtiers charged with participation in the Army Plot would appear before the Lords' Ma 6 Committee. News, however, soon arrived that Percy, Escape of Jermyn, and Suckling had fled the night before, and t e p otters. ) avenant t ^ e po^ w ho had been in some slight way connected with the affair, was also missing. Davenant was captured and brought back. The rest succeeded in escaping to France. Jermyn carried with him the King's warrant, licens- ing him to pass the sea. 2 The King's promise to detain his servants and the Queen's had been of little avail. The Lords now took the matter into Pro in their own hands. They despatched orders to stop in Pariia- the ports. They sent to request the King to hinder the Queen's journey to Portsmouth. 3 Charles gave them no answer whatever. " I am my father's daughter," said the Queen, with flashing eyes ; " he never knew how to fly, and I am not going to learn the lesson now." 4 Next morning 1 Moore's Diary7 ffarL JlfSS. cccclxxvii. fol. 38. 2 Warrant in Rushworth, iv. 274. 3 L. y. iv. 236. 4 Giustinian to the Doge, May 2- Ven> Transcripts^ R* O. 1641 STRAFFORD-S SELF-SACRIFICE. 361 as the King gave no sign of answering their request, the Houses Ma despatched Mandeville with two members of the Commis- Commons to Portsmouth, to examine into Gorings toports S - en proceedings. At the same time the peers, grasp- mouth. j n g t ^ e re ns Q f aut h or j t y in their own hands, gave orders for the issue of a proclamation for the arrest of the fugitives. 1 By this time even the King must have known that the Lords would pass the Bill of Attainder. Of that middle party _ .. which had wished to save Stafford's life by incapa- Failure to . form a citating him for office, Bristol and Holland had with- drawn from the struggle, and had been excused from of Lords. voting on the pretext that, having given evidence as witnesses, they could not appear as judges. 2 Bedford was lying on his death-bed, stricken down by small-pox. The Bill, Ma* s taken up on the morning of the 5th, was read for the The BUI of third time on the 8th. It finally passed in a thin rewu third House. The Catholic peers were in dread of their tltne * lives, and were excluded by their refusal to take the Protestation. Many of the other peers absented themselves when the votes were taken. Some of them may have been too timid to appear, but the majority of them were in all proba- bility deterred from voting by their disinclination to support a Government which had called in an armed force to Third reading of arbitrate in a constitutional dispute. At the same time the Peers passed the Bill for protecting the . dissolution. actua | p ar ii amen t against dissolution. They had supported an amendment limiting its effect to two years, but they gave way before the objections of the Commons. Strafford had already learned that nothing remained for him but to die with dignity. " It hath been my greatest grief," he May 4 . had written to Charles in the beginning of the past feuef w d the wee ^s " m a ^ these troubleSj to be taken as a person King. which should endeavour to represent and set things amiss between your Majesty and your people, and to give 1 L. 7. iv. 238. 3 This is in the deleted portion of the MS. Journals. 362 THE BILL OF ATTAINDER. CH. xcvm. counsels tending to the disquiet of the three kingdoms. . . . Therefore, in a few words, as I put myself wholly upon the honour and justice of my peers, so clearly as to wish your Majesty might please to have spared that declaration of yours on Saturday last, and entirely to have left me to their lordships ; so now, to set your Majesty's conscience at liberty, I do most humbly beseech your Majesty, for prevention of evils which may happen by your refusal, to pass this Bill, and by this means to remove praised be God, I cannot say this accursed, but, I confess this unfortunate thing forth of the way, towards that blessed agreement which God, I trust, shall ever establish between you and your subjects. Sir, my consent shall more acquit you herein to God than all the world can do besides. To a willing man there is no injury done ; and, as by God's grace, I forgive all the world, with calmness and meekness of infinite contentment to my dislodging soul, so, Sir, to you I can give the life of this world with all the cheerfulness imaginable, in the just acknowledgment of your exceeding favours ; and only beg that, in your goodness, you would vouchsafe to cast your gracious regard upon my poor son and his three sisters, less or more, and no otherwise than as their, in present, unfor- tunate father may hereafter appear more or less guilty of this death. God long preserve your Majesty." l May s. On the morning of May 8 the morning on f FrS f which the Attainder Bill passed the Lords London attack. was a p re y to the wildest panic. A French fleet, it was everywhere believed, had seized Jersey and Guernsey. 1 Rushworth, Stafford's Trial, 743. Some doubt has been thrown on the authenticity of this letter, but Radcliffe's testimony (Strafford Letters^ ii. 432) would be sufficient, if it did not speak for itself. The date given in the Brief and Perfect Relation is the gth, which must be wrong from the reference to 4 Saturday last ' as the day of the King's speech. Mr. Palgrave informs me that in his copy the figure is corrected to 4 in an apparently contemporary hand, and that when the speech was printed in 1641, it was printed with the date of May 4. On the other hand Radcliffe gives the 7th, and it is more likely that 9 should be a misprint for 7 than for 4. External evidence is in favour of the 4th, as Straflford would have been more likely to write soon after the first intervention of the mob. I have, therefore, adopted this date in the text. i64i THE QUEEX FR1CHTEXED. 363 A cry was raised to lodge the King and Queen in the Tower. Xews of the danger was hastily conveyed to White- pretScHo hall. The Queen resolved to carry out her de- dy * sign of retreating to Portsmouth. Her carriage was already at the door when Montreuil arrived, counselling her against so ra&h an act. He told her that she would infallibly be stopped on the way. In consequence of his warning she relinquished her design. False as the rumour of the French attack was, it did no wrong to the Queen. If she had had her way a French force would by this time have been in possession of Portsmouth. The popular instinct rightly fixed on her as the author of the mischief. 1 Calumny came to add its bitter- ness to her cup, and it was rumoured that she loved Jermyn too well for her honour, and that she was hurrying to France because she could not live apart from her lover. 2 Having saved the Queen from herself, Montreuil assured Holland that there was not a word of truth in the rumours which were abroad, and that his master France u preferred the friendship of the English Parliament tE?p: to that of the English King. Least of all was he men * likely to do anything to assist Straflord, who had always been a partisan of Spain. Twice during that Saturday morning deputations from the Lords urged Charles to give his assent to the Attainder Bill. To the first he replied in the Bl11 ' negative. To the second he expressed his readiness 1 \Ve must not measure Pym's knowledge by that which he saw fit to reveal in public. "The Parliament," we are told, "hath not openly de- clared what the plot was ; but it is said that the French were to come in upon the South to this end apparently the Queen was going to Ports- mouth. The English army and Papists were to join against London and the Parliament ; and the Irish were to go against the Scots. ''One of the Scottish Commissioners to - , May II, Wodrarw JfSS. xxv. No. 161. This might seem to be mere gossip ; but it should be compared with Rossetti's testimony at page 148, Note 2* - Montreuil's part in persuading the Queen to stay does not rest, as Ranke supposed, solely on his own authority. It is confirmed by Gius- tmian. I have drawn my narrative from these two sources and from Rossetti's letter of May ~. 364 THE BILL OF ATTAINDER. CH. xcvill. to receive the two Houses in the afternoon, and to declare his resolution. Before the hour arrived he learnt that Goring had been the traitor who had told the secret of the that (?Sfn S Army Plot, and that he had now handed over the is a traitor. f ort jfi cat j ons o f Portsmouth to the Parliamentary Commissioners. No place of refuge remained for Charles on English soil. When the two Houses arrived they brought with them the Bill for perpetuating the Parliament as well as the Attainder He post- Sill. They were followed by an armed multitude. Inswe^m Charles looked sadly on them, and told them that Monday. fo s fi na j answer should be given on Monday. The mob was but ill-pleased at the delay, and an attack on the palace appeared to be imminent. At last one of the bishops, most likely Williams, 1 stepped to a window, and pacified the rioters by assuring them that the answer, when it came, would be all that they could desire. All through the night panic reigned at Whitehall. At any moment the mob might break into the palace. Catholic cour- tiers, or courtiers who were Catholics in moments Whitehall. ^ Danger, sought out the Queen's chaplains, flung themselves on their knees, and poured out their con- fessions, as if they were in presence of instant death. Others, who were more worldly-minded, secreted their jewels about their persons, that their whole property might not be utterly lost when the moment for flight arrived. By all, Monday was looked forward to with the gravest apprehension. It was fully believed that the Parliamentary leaders were resolved to use force if necessary, and that they had written to their supporters in the neighbouring counties to come up to London to their aid. 2 If Charles had none of the vigour of the man of action, he had, as his subsequent life showed, the passive courage of the 1 Rossetti says it was * un ministro Puritano ' ; but no one but a bishop, and hardly anyone but Williams, is likely to have taken the lead in this way. - This is staled by Giustinian, and he is likely to have been well informed at least of the belief at Court. CHARLES TAKES ADVICE. 365 martyr. It may be that if he had been alone in the danger now, he would have met it with the same patient Charles s , . . , , IT t - feelings for endurance which he was to display eight years later. the threats of t k e mu i t j tu( j e were directed not so much against himself as against her whom he loved with a passionate and devoted love. He saw her that day in tears of mingled fear and vexation. How could he endure the thought that her tender frame might soon be in the hands of a raging pitiless multitude : that she might be dragged off to prison, fortunate if at last she reached the prison alive ? Per- haps, too, he felt that he had been the cause of all this evil. He knew well what she thought of his indecision, and he may well have reckoned it amongst his sins that he had not faced his enemies more boldly. Thoughts such as these may have thrust out the compassion for Strafford which had hitherto occupied his heart. Charles's power of imagination was singu- larly weak, and the absent prisoner in the Tower would touch him less than the sobbing partner of his life, whom he saw before him with his bodily eyes. After an anxious and probably sleepless night, Charles met Ma T his Council on Sunday morning. Its members, with The King in one accord, advised him to yield. The judges were CounciL asked whether they held Strafford to have been guilty of treason, and they answered in the affirmative. Four bishops were then called on to satisfy Charles's conscience. Was it right for him to set up his individual opinion Opinion of . , .. -...,__. t . .. the judges against the opinion of the judges? Juxon advised and bishops- him to refuse his assent to the Billj < seein g he knew his lordship to be innocent' Williams argued that the King had a public as well as a private conscience, and that he ought to submit his judgment to those who were learned in the law. In ordinary cases in which men were condemned to death the responsibility rested on the judges, not on the King, and so it should be now. 1 Charles still hesitated. His soul was wrung with agony. 1 Radcliffe's Diary, Strafford Letters, ii. 432. Racket, Life of Wil- liams, ii. 161. 366 THE BILL OF ATTAINDER. CH. xcvm. The bishops were summoned a second time. This time Usher was amongst them, and Usher sided with Juxon. Williams persisted in the view which he had taken of the King's duty. 1 All day long the street in front of Whitehall was blocked by a shouting multitude. Every minute it was expected that The mob in an attempt would be made to dash in the doors. 2 the greets. The mo b too k up t ^ e cry t ^ at t k e Q ueen Mother was at the bottom of the mischief, and guards had to be des- patched to St. James's to preserve her from attack. 3 The Queen, alarmed for her mother's safety and her own, was no longer in a position to urge resistance. 4 By this time, too, Charles probably knew that nothing would be gained by further resistance. Strafford was no longer in his hands to dispose of. A last attempt to effect his escape had been tried and had failed. The Earl had offered Balfour 2o,ooo/. and a good marriage for his son, if he would connive at his evasion, and Balfour had been proof against the temptation. 5 The unscru- pulous Newport was now installed as Constable of the Tower, and he had given assurance that if the King refused his assent to the Bill he would order Stafford's execution without it 6 It was nine in the evening before Charles, wearied out with the long mental conflict, gave way at last. " If my own person Charles only were in danger," he said, with tears in his eyes, gives way. as ^ e annO unced his resolution to the Council, " I would gladly venture it to save Lord Stafford's life ; but seeing 1 Elrington's Life of Usher, Works, i. 212. 2 Brief and Perfect Relation, 93. 8 Rossetti to Barberini, May ^, R. O. Transcripts. 4 As Mr. Forster has argued, it is plain, from the words of the Elector Palatine's letter, priDted by him in British Statesmen (vi. 71), that she was really much displeased at the death of Stratford. The notion that she had been his enemy is one founded on a state of things which had long ceased to exist. 5 Balfour's examination, June 2, An Exact Collection, 232. As this took place three or four days before Stratford's execution, this attempt must not be confounded with the earlier one betrayed by the three women. e Clarendon, iii. 200. 1641 STRAFFORD SACRIFICED. 367 my wife, children, and all my kingdom are concerned in it, I am forced to give way unto it/ 5 1 In after-years Charles bitterly repented his compliance. He never lamented that which made the compliance almost inevi- table his want of confidence in the constitutional resistance of the peers, and his resort to intrigues which he knew not how to conduct, and to force which he knew not how to employ. Better, indeed, would it have been for Charles to have remained firm to the end. No doubt even Williams's argument was not entirely without its value. Some way must be discovered in which the performance of national acts shall be loosed from bondage to the intelligence and conscience of a single man ; but the time had not yet come when kings would cease to be responsible for actions which had become mere formalities. Charles sinned against his conscience. Let him who has seen wife and child, and all that he holds dear, exposed to imminent peril, and has refused to save them by an act of baseness, cast the first stone at Charles. Charles announced that on the following morning both the Bills should be passed. Williams begged him to think of his Promises to P rero g ative > and to re j ect the Bill against the dissolu- pass the two tion of Parliament. 2 Charles would have none of his advice on this matter. The next morning he signed the appointment of commissioners charged to give his assent May TO. to ttie two Bills ' and ' m tm *s wa y ^ey became law The Royal without his personal intervention. "My lord of assentgwen. Straiforci , s condit i on? said Charles as he'wrote his name, "is more happy than mine." 3 On Tuesday morning Charles made one more desperate effort to save Strafford. " I did yesterday," he wrote to the Ma - ii P eers > " satisfy the justice of the kingdom . . . but The King's mercy being as inherent and inseparable to a king as justice, I desire at this time in some measure to show that likewise, by suffering that unfortunate man to fulfil the natural close of his life in a close imprisonment ; yet so 1 The Elector Palatine to the Queen of Bohemia, May 18, Forster's British Statesmen, vi. 71. - Hacket, ii. 162. s Stra/ord Letters^ ii. 432. 368 THE BILL OF ATTAINDER. CH. xcvni, that if ever he make the least offer to escape, or offer directly or indirectly to meddle in any sort of public business, especially with rne, by message or by letter, it shall cost him his life. This, if it may be done without a discontentment to my people, would be an unspeakable contentment to me. ... I will not say that your complying with me in this my intended mercy shall make me more willing, but certainly it will make me more cheerful in the granting your just grievances ; but if no less than his life can satisfy my people, I must say Mat justitia" At the close of his letter, remembering that the prisoner, whose whole energy had been employed in the struggle for his life, had had but little time to set his affairs in order, he added a brief postscript, " If he must die, it were a charity to reprieve him until Saturday." 1 The Houses were pitiless, as terrified men are. They had no confidence in Charles. Stone-dead, they thought, had no fellow. Stratford himself had no hope that he would be spared. He had* offered his life for the safety of the King, the strong May 10. for the weak. Yet the news that Charles had aban- hS^hithe doned h im came on h im lite a shock. "Put not is to die. your trust in princes," he cried, "nor in the sons of men, for in them there is no salvation." 2 The next day, the last of his life on earth, Stafford's thoughts reverted to his old and tried friend, now his fellow- May ii. Pri soner - He asked Balfour if he might be allowed Asks to see to see Laud. Balfour told him that he must first Laud * have leave from Parliament. " No," said Strafford, " I have gotten my despatch from them, and will trouble them no more. I am now petitioning a higher Court, where neither partiality can be expected, nor error feared." He would rather send a message by Usher, who had come to console him in his last hours. " Desire the Archbishop," he said, " to lend me his prayers this night, and to give me his blessing when I do go abroad to-morrow, and to be in his window, that by my last 1 L. y. ii. 248. * The story comes from \Yhitelockc, and is therefore not on the best authority, but I am inclined to accept it. 1641 EXECUTJOX OF STRAFFORD. 369 farewell I may give him thanks for this and ail his former favours." Laud was not likely to refuse his friend's last request As Strafford was led to execution in the morning, he saw the old is led to rnan at tne window. " My lord," he said with a humble execution, reverence, " your prayers and blessing." Laud raised his hands to implore God's mercy on the tried comrade who was treading the path to freedom on which he was one day to follow. Overcome by his emotion, he fell fainting to the ground. Strafford's last words to him, "Farewell, my lord, and God protect your innocency ! " were addressed to ears that heard them not. Strafford's step was firm, and his port erect. His friends said of him that his look was more like that of a general at the 'head of an army than of a prisoner led to execution. When the sad procession reached the Tower gates, Balfour " ay I2 ' advised him to take a coach, lest the people should tear him in pieces. " No, Master Lieutenant," was the proud reply ; " I dare look death in the face, and I hope the people too. Have you a care that I do not escape, and I care not how I die, whether by the hand of the executioner or the madness and fury of the people. If that may give them contentment it is all one to me." l No such danger was to be feared. It was calculated that there were full two hundred thousand persons on Tower Hill. 2 The crowd They had not come as murderers. They believed Hiii. wer that they were there to witness an act of justice. From the scaffold the fallen statesman addressed his last words to those amongst that vast multitude who were within StrafFord's hearing. He told them truly that he had ever held last speech. parliaments in England to be the happy constitution of the kingdom and nation, and the best means under God to make the king and his people happy.' He wished that all who were present would consider ' whether the beginning of the people's happiness should be written in letters of blood. J After 1 Brief and Perfect Relation, 98. 2 Giustinian to the Doge, May ^ Ven. Transcripts, R. O. VOL. IX. BE 370 THE BILL OF ATTAINDER, CH. xcvni- professing his attachment to the Church of England he knelt for awhile in prayer, remaining on his knees for a quarter of an hour. He then rose, took leave of his brother, and sent Preparing messages to his wife and children. Having fulfilled for dath. a jj eart My duties, he prepared himself for death. " I thank God," he said, as he took off his upper garment, " I am not afraid of death, nor daunted with any discouragement rising from my fears, but do as cheerfully put off my doublet at this time as ever I did when I went to bed" The execu- tioner then drew out a handkerchief to cover his eyes. " Thou shalt not bind my eyes," said Strafford, " for I will see it done." He placed his neck upon the block, telling the executioner that after he had meditated awhile, he would spread forth his hands- as a sign to him to strike. After a little while the hands were spread to grasp the mantle of the Eternal Father. The blow fell, and that life of disappointed toil had reached its end. l It is possible now to understand that in his own sense Strafford was speaking the truth when he declared his devotion what were to tlie parliamentary constitution, and that yet he SnSrt 1 " 1 ' 8 was ' 3 " n * e truest sense > the m st dangerous enemy of parliaments. He attempted to maintain the Elizabethan constitution, long after it was possible to maintain it, and when the only choice lay between absolute government and Parliamentary supremacy. In contending against the latter, he was, without knowing what he was doing, giving his whole strength to the establishment of the former. Yet, ruinous as his success would have been, in his devotion to the rule of intelligence he stands strangely near to one side of the modern spirit. Alone amongst his generation his voice was always raised for practical reforms. Pym and Hampden looked upon existing society as something admirable in itself,, though needing to be quickened by a higher moral spirit, and to be relieved from the hindrances thrown in its way by SL defective organisation. Strafford regarded that society as full of abuses, and sought in the organisation which was- ready to> his hand, the lever by which those abuses might be removed. 1 Eushworth, Strafforfs Trial, 759. Brief and Perfect Relation, 104. News-letter, Add. MSS. mcccclxvii. fol. 31. i64i STRAFFORD AT REST. 371 In happier times Pym and Strafford need never have clashed together, save in the bloodless contests of parliamentary debate. Doubtless it was well for Strafford himself that he found no mercy. What a lot would have been his if he had lived to hear, from behind the prison-bars, of the rout of Naseby and the tragedy of Whitehall ! What a far worse lot would have been his if he had lived to break away from his obligations, and to help the King to a victory which could only be made secure by Contem- the establishment of military rule ! A pamphlet of oSlnSn on the day represented the case more truly than is gene- his death. ra iiy to be expected from such ephemeral productions. When Charon, we are told, was ferrying over the Styx the latest arrival, he complained that his boat was sinking under the unwonted weight He is informed that the explanation is easy. That passenger had swallowed three kingdoms. On landing, Stafford is accosted by Noy, who asks him for news from the world of living men, and offers to conduct him amongst the lawyers, who are paying their respects to the ghost of Coke. Strafford turns proudly away. Noy wishes to know where he will choose his residence. " In any place," is the reply, " so that I may have that which I come for rest." 1 Such was the utmost for which a contemporary could dare to hope. A great poet of our own day, clothing the reconciling Modem spirit of the nineteenth century in words which opinion. never could have been spoken in the seventeenth, has breathed a higher wish. On his page an imaginary Pym, recalling an imaginary friendship, looks forward hopefully to a reunion in a better and brighter world. " Even thus," Pym is made to say and we may well wish that it had been possible for him to say it " Even thus, I love him now : And look for my chief portion in that world Where great hearts led astray are turned again, (Soon it may be, and, certes, will be soon : My mission over, I shall not live long,} 1 A Description of the Passage of Thomas, late Earl of Stratford, the Styx, 1641 (E. 156). 373 CHAPTER XCIX. ECCLESIASTICAL DIVISIONS AND CONSTITUTIONAL REFORMS. IT is probable that, in the humiliation of Stratford's death, I64I . Charles thought little of the abandonment of May 10. authority contained in the Act for prohibiting the Importance .... , .. _ ,. ^ of the Bill dissolution of the existing Parliament. Onlookers rinmnceof saw the fuU effect of that statute. "I may live to Parliament. do you a k indnesSj said Dorset to the King, "but you can do me none." "Will it be possible," asked Williams, " for your truest lieges to do you service more? " l The Act, in truth, was a revolutionary one without being revolutionary enough. Traditional reverence stood in the way of the dethronement of a sovereign who was not to be trusted. In fear lest he should use his acknowledged powers to give a legitimate sanction to a dissolution accomplished by military violence, Parliament wrested from him the right of consulting the nation at all It is hard to see how Parliament could have done otherwise so long as Charles remained on the throne. The execution of Stafford had fixed a great gulf, never to be bridged over, between the King and the House of Commons. To the Commons Charles was the supporter of a traitor to the liberties of England. To Charles the Commons were the murderers of a faithful servant, and rebels against lawful authority, with whom no terms were to be kept. The position had all the disadvantages and none of the advantages of a state of war. The new Act had constituted two independent powers, each of which was armed with sufficient authority to 1 Sir J. Bramston's Autobiography, 83. Hacktt^ ii. 162. 374 ECCLESIASTICAL DIVISIONS. CH. XCix. reduce the other to impotence. Parliament had not ventured to claim that sovereignty for itself, before which all discordant elements must give way. For the present Charles had to acknowledge, practically, that he had found his masters. He had to pro- mise to disband the Irish army. He found himself checked in the distribution of offices. On the isth he May 13. appointed Heath to the Mastership of the Wards. He was obliged to cancel the appointment and to give the post to Saye. 1 He had destined the Lieutenancy of Yorkshire to Savile, as a reward for the support which he had given to him during Stafford's trial. Parliament requested him to appoint Essex, and he was obliged to yield. The Treasury, * ay ao ' vacated by Juxon, was put in commission. The secret committee was sitting daily to extract evidence of the Army Plot from the King's familiar attendants, and even from the ladies of the Queen's Bedchamber. It soon appeared that there need no longer be any fear from France, as the French troops, whose movements had scared the citizens of London, were heard of as landing in Picardy. 2 Charles, however, knew full well how many other secrets existed which he would be loth to have dragged into the light of day. The Queen was even more deeply compromised than her husband. She had to look on in silent vexation whilst the May 14. Catholics were questioned for every rash word that SS e sS th " h a(i sprung to their lips. It was inevitable that the pected hopes which they had cherished of relief from the proscription to which Parliament had doomed them, should have found vent in wild expressions of anticipated triumph. It was inevitable, too, that Parliament, merciless towards those whom its oppression stung into anger, should believe the danger ' 1 Heath's appointment is on the Patent Rolls. Saye's was not en- rolled. Mr. Selby, whose wide knowledge of the documents in the Record Office is always at the service of inquirers, discovered for me an entry on the Books of the Controller of the Hanaper, stating that Saye presented a * carta ' on the 24th. Whitelocke dates the appointment on the I7th. A news-letter gives the i6th. Sloane MSS. mcccclxvii. fol. 37. 2 Salvetti's News-Letter, May . i64i MUTUAL DISTRUST. 375 greater than it really was, and should catch at chance phrases, some of them, perhaps, misreported j>r exaggerated, as evidence of a deliberate plot for the overthrow of the parliamentary con- stitution. One recusant's wife, it was reported, had predicted that the Parliament House would shortly be in flames. Another had been overheard to say, that there would be a black day before long, and that many would be fatherless. An incoherent letter, directed to a recusant lady in all probability a silly forgery was picked up in the streets. It contained a request for money, and referred with satisfaction to the approaching slaughter of the beast with many heads. 1 Men, comparatively young, could remember how, in the days of the Gunpowder Plot, their fathers had been saved from destruction by a letter just as incoherent. Orders were given to imprison all the priests in England, and there were many who were dissatisfied that no harsher measures were taken. A closer home-thrust at the Queen was a demand that her mother should leave the country. If ever lesson had been plain to read it was that which had been given to Charles by his failure to save the life of StrafFord. Yet scarcely was StrafFord dead when. he prepared himself to tread once more the weary round of intrigue which had already May is cost ^ m so ^ ear - ^ was now known that he pro- Charies posed to visit Scotland in person as soon as the 5Sts S cot- treaty between the kingdoms was concluded. 2 Those land * who were trusted with his secrets were aware that he was looking to this journey as a means of regaining that authority which he had lost in England. Anything seemed to him to be better than an attempt to come to an understand- ing with Parliament. 3 It is hardly likely that a secret shared 1 D'Ewes's Diary, HarL MSS. clxiii. fol. 167 b, rSo b. The Elector Palatine to the Queen of Bohemia, May 18. Forster's Lives of British Statesmen, vi. 71. 3 ' Sua Maesta francamente afferma di transferirsi a dissegno per aven- -tura di rialzare con la presenza sua qualche altra machina et migliorar la conditione della propria autorita.' Giustinian to the Doge, May |^ Ven. Transcripts. The intentions of the King were acknowledged by the 376 ECCLESIASTICAL DIVISIONS. CH. xcix. amongst so many would be long a secret from Pym. Lady Carlisle, vexed, as it has been thought, at the King's abandonment -of Strafford, placed her talents for Pym * political intrigue at the service of the Parliamentary- statesman. Without any deep feelings herself, she loved to be of importance, and she was shrewd enough to make herself useful to the real leaders of men, and to despise those, who like the King and Queen, were decked in the mere trappings of authority. To the excitement of a youth of pleasure was to follow the excitement of a middle age of treachery. It was to be her sport to listen to trustful words dropped in confidence, and to betray them to those who were ready to take advantage of her knowledge. In looking for help from Scotland Charles was not altogether pursuing a shadow. There were already signs that the good Ma - 1 understanding between the English Parliament and Possibility the Scots was somewhat shaken. The delay in pro- viding the Scottish army with supplies had raised discontent, and it was by no means certain that the Scots. nobles of the northern kingdom would expose them- selves to further risk for the sake of establishing Presbyterianism in England One of the foremost of their leaders, Rothes, had already been won over by the promise of preferment Rothes won . _ , , _ r .,_ ,., ..._._ by the in England and of a rich English wife. He may Court * probably be credited with sincerity when he alleged that he had first assured himself that the interests of his own- country were secured, 1 but it is hardly likely that his new posi- tion was taken up on purely political considerations, the nesotL- The public negotiation, too, was drifting upon shoals tloru which might prove dangerous. 2 The Scots had con- tinued to urge a union in religion between the two countries, Queen in a conversation after she arrived in Holland in the following year. 1 Rothes* Narrative, 225. 2 The notes of the Scots' demands in Moore's Diary (HarL MSS. cccclxxviii. fol. 18) are said to be taken from those read by Sir J. Borough on April 22. The figures seem to have been subsequently changed, to judge from D'Ewes's notes of the debates on the subject. In other respects no alteration appears to have been made. i6 4 i THE TREATY WITH THE SCOTS. 377 which would be certain to offend a large party in England, and the appointment of a commission to draw up a scheme for freedom of trade which would be certain to offend all Englishmen without distinction of party. On the iyth the Commons went into committee on the demands of the Scots for unity of religion. The Debate on ,. _ . * . . . . ecclesiastical opponents of Episcopacy resorted to the ignominious umon " tactics of placing Culpepper in the chair, in order to silence that vigorous debater in the warm discussion which they foresaw. 1 In spite of the objections of Hyde and Falk- land, the Commons determined to return a courteous Courteous ,_..__ . ..._.- answer to answer, e that this House doth approve of the affec- tion of their brethren in Scotland, in their desire of a conformity in Church government between the two nations, and doth give them thanks for it ; and as they have already taken into consideration the reformation of Church government, so they will proceed therein in due time, as shall best conduce to the glory of God and the peace of the Church. 1 2 Such a resolution bound the House to nothing, but it was May is. enough to show that the majority was resolved not Kv'on^rt to be led into a quarrel with the Scots. The next posed. a y j t was decided that the Commissioners should be Further* 9 * asked to draw up an Act of oblivion. There was more sSfttbh the c^cu^y m consenting to a proposal which had been treaty. made by the Scots, that war should never again be declared between the two kingdoms without the consent of the Parliaments. It was too great an innovation on existing prac- tice to pass without resistance from Culpepper and " ** 30m others. In the end, however, it was referred back to the English Commissioners for further consideration. 3 A similar course was adopted with the article about May 21. f ree( ^ om O f trade, and on the 2ist arrangements were made for the payment of the sums which would be due to the 1 D'Ewes protested against this. D'Ewes's Diary, Harl. JfSS. clxiii. 190. 2 C. J. u. 148. D'Ewes's Diary, Harl. MSS. clxiii. fol. 192. News- letter, Sloane MSS. mcccclxvii. fol. 38. a C. J. ii. 150. D'Ewes's Diary, HarL MSS. clxiii. fol. 202. 378 ECCLESIASTICAL DIVISIONS. CH. XCIX. Scots. It was evident that if there was to be a rupture, it would not be provoked by the House of Commons. During the course of these debates the mutual distrust between the two parties which had originally separated on the question of Episcopacy, had shown a tendency to shying increase. Hyde and Culpepper and Falkland had t emse ves. come f orwar d as champions of the royal prerogative and as decided opponents of the Scottish alliance. Whether the breach was to be healed or not probably depended on the attitude which Pym and his immediate followers would assume towards the Root-and-Branch party, and that attitude depended partly on the amount of confidence which they would be able to feel in the King, partly in the reception which the Bishops' Exclusion Bill would meet with in the House of Lords. On the 2ist that Bill went into committee in the Upper The Bishops* House. By the 27th the Peers had agreed to exclude Bmin s the clergymen, as a rule, from all civil functions. The Lords. bishops, however, were to be specially excepted, so far as related to their seats in Parliament. The general feeling against the employment of clergymen in temporal " ay 2? * affairs which sprang from the natural reaction against -the harsh treatment which, of late years, they had dealt out to laymen, was modified, amongst the Lords, by a strong incli- nation to resist any 'proposal proceeding from the Commons to change the constitution of the Upper House. The vote of the Peers was a defiance to the majority in the House of Commons. Of that majority only a part it is impos- May 12. s *b* e to sa y k w k^S 6 was * n favour of the absolute The Root- abolition of Episcopacy. Circumstances, however, had recently occurred which brought to the Root-and- Commons. g ranc j 1 party an accession of strength. It had been recently discovered that, in order to pay off the two armies, it would be necessary to have 400,0007. in addition to the sub- sidies which had been already voted. The higher clergy were regarded as instigators of the war which had unnecessarily entailed so great a charge on the nation, and voices had already been raised in favour of a 'confiscation which should lay the burden on those who had been in fault. Radically unjust as any r64i THE CHURCH COMMITTEE. 379 attempt to apportion the blame due to the authors of national errors must always be, the proposal bore with it a show of justice which was likely to carry away those who were smarting under unwonted taxation. Strafford, in the presence of death, had Question of singled out this source of danger, and he had warned ~ s n to take no part in the race for the wealth raised - of the Church. On the very day of his execution it appeared that he had good cause for alarm. Evidence was then heard on behalf of the preservation of deans and chapters. Dr. Burgess, who appeared on the other side, argued that the revenues which would be set free by the suppression of these offices might be applied, not to secular purposes, but to better uses in the service of the Church, ^"hen he had finished, several members assailed the suggestion which he had made. "They mean," said one, "to hold all the Church lands, and we shall have no more." 1 It was not long before a precedent was given which did May 25 something to accustom the Commons to that chase The cus- after wealth which had been one of the worst features tamers-fine. all who had collected duties on merchandise without a parlia- mentary grant were delinquents, and on the following * ay 2 " day it was resolved to offer these delinquents an Act of oblivion on payment of a fine of 150,0007. If the clergy could be dealt with in the same way, there would be little need to impose fresh taxation. Yet, even if all who thought that the bishop's incomes would be well employed in saving the pockets of the tax-payers, had been counted with those who desired the overthrow j\lay 27. The Root- of Episcopacy on conscientious grounds, the Root- and-Branch party were, as yet, no more than a minority. minority in the House, and, as far as it is possible to judge, they were also a minority in the nation. 2 In the House 1 D'Ewes's Diary, HarL JfSS. fol. 170. - Professor Masson argues that the number of Root-and-Branch men was greater than has been supposed, partly on the ground of an anti-epis- copal petition from Cheshire, which purports to be signed by almost exactly two to one of an episcopalian petition from the same county. The almosl 380 ECCLESIASTICAL DIVISIONS. CH. xcix. the defenders of Episcopacy were also a minority. The balance lay with Pym and his supporters, who were determined to place the King under constitutional restraint, and to establish a thoroughly Protestant worship in the Church, whether the Church were presided over by bishops or not. The feeling of these men was distinctly opposed to the conduct of his the existing bishops. The bishops, in the biblical supporters. i an g ua g e o f f-j^ ^^ fad ma( } e themselves lords over God's heritage. In other words, they had dealt with the Church as the King had dealt with the State. They had ad- ministered it ; they had not represented it. As Saye put it, in a speech which he had recently delivered, their secular offices 'might have gained them caps and courtesy, but they have cast them out of the consciences of men/ If, therefore, Pym and his friends felt a statesmanlike hesitation to change more than was absolutely necessary in the constitution of the Church, this feeling must always have been subordinated to the possi- bility of finding bishops who would leave politics alone, and who would content themselves with labouring in their own offices under the direction of the law. Whether such a prospect would ever be realised depended partly on the bishops them- selves, but still more on the King. The vote to which the House of Lords had just come was one to bring out all the exact doubling of the signatures struck me as suspicious when I first com- pared the two petitions, and my suspicions have since been confirmed. Not only does Sir J. Aston, who got up the petition for Episcopacy, state that there was ' never any such petition seen in this shire ' (A Remonstrance against Presbytery, 1641, E. 163) ; but a Puritan who answered Aston (An Humble Remonstrance^ 1641, E. 178), and stated that some of the signa- tures to the episcopalian petition were forged, says distinctly that of the other petition he knows nothing. It was plainly a forgery. The appear- ance of a copy amongst the State Papers, with its crowded references at the edge, excites suspicion that it may have been the handiwork of * marginal Prynne.' Any argument founded on the number of names subscribed to petitions is most unsatisfactory. All who were dissatisfied with the state of Church affairs would sign the Puritan petition of the county. Whether that petition asked for the abolition or modification of Episcopacy would depend on the temper of the local magnates, by whom the petition was drawn up. i64i THE BISHOPS* VOTES. 381 difficulties in the way of any compromise. Xo doubt there is much to be said, as long as Parliament makes Effect of the . r . _. ,,.,,.. -. -r- vote of the laws for the Church, for the admission to the Upper Peers " House of counsellors who are prepared to speak of its needs from their own knowledge. But it would be far too high a price to pay for that advantage to allow those counsellors to be chosen in such a way as to make them the mouthpieces of one political party, whilst their own advancement in life was to depend on the constancy with which their votes were given. "The bishops," said Saye, "have had too absolute dependency on the King to sit as free men," It was not only from the mouths of the enemies of the bishops that this assertion proceeded. In the course of the following year Jeremy Taylor said exactly the same thing. " The interest of the bishops," he wrote, " is conjunct with the prosperity of the King, besides the interest of their own security, by the obligation of secular advantages. For they who have their livelihood from the King, and are in expectance of their fortune from him, are more likely to pay a tribute of exacter duty than others whose fortunes are not in such immediate dependency on His Majesty. ... It is but the common expectation of gratitude that a patron paramount shall be more assisted by his beneficiaries in cases of necessity, than by those who receive nothing from him but the common influ- ences of government." l What wonder was it that the feeling that the King was not what he should have been, the repre- sentative head of the nation, showed itself in the determination that he should not have twenty-six votes at his disposal in the House of Lords ? There were some, no doubt, who wished to thrust the bishops out because they thought that they would be better employed in attending on their clerical duties, but there were others who wished to thrust them out simply because they were the creatures of the King. The day on which it was known that the Lords had resolved to retain the bishops in their House was propitious to the opponents of Episcopacy. That morning Vane and Cromwell 1 Taylor, Of the Sacred Order aud Offices of Episcopacy, Epistle dedi- catory. 382 ECCLESIASTICAL DIVISIONS. CH. xcix, brought with them into the House a Bill which is said to have been drawn up by St. John, and the object of which was the absolute extinction of Episcopacy. They BllL passed it on to Hazlerigg, and Hazlerigg passed it on to Sir Edward Dering. Bering was one of those who had pro- nounced most strongly against clerical abuses, though he had not wished to see Episcopacy itself abolished. He was a vain man, never tired of mentioning in his letters to his wife how he had been respected by the mob which had gathered at West- minster in the days of Strafford's trial, and how voices out of the crowd had been heard to say, "There goes Sir Edward Dering ! "' and " God bless your worship ! " l The assistance of men of the stamp of Dering was precisely what the Root-and-Branch men wanted. And he was just then in a mood to do what they wished. In a short speech he Proposal by moved the first reading of the Bill, not because he Denng. desired that it should pass, but because he thought that it would frighten the Peers into giving their consent to the exclusion of the bishops. 2 After a sharp debate, in which the Bill was opposed by Falkland who compared it, for its- its second thorough-going violence, to a total massacre of men, reading. women, and children and was supported by Pym and Hampden, it was read a second time by a majority of 135 to ioS. 3 On June 4 there was a conference on the earlier Bill The June 4 . Lords professed themselves ready to be enlightened Exclusion* 1 *' ^ t ^ iere ^re any sufficient argument for depriving Bil1 d j s : the bishops of their seats. 4 The Commons dwelt cussed, in conference, mainly on the incompatibility of civil and clerical 1 Proceedings in Kent (Camden Soc.), 46. In the preface (xxxviii) Mr. Bruce suggests that he was already under suspicion, and speaks of him as being asked at this time by a Root-and-Branch man, 'Art thou for us, or for our adversaries?' This, however, appears to have been said some weeks later. 2 Moore's Diary (ffarl. MSS. cccclxxvii. fol. 106) substantially bears- out the report in Bering's published speeches. 3 Moore's Diary, Ibid. News-letter, Sloane MSS. mcccclxvii. fol. 70. 4 According to the letter of one of the Scottish Commissioners ( Wodroixr 1641 CHARLES AND THE LORDS. 383 functions, and on the probability that the bishops, if they were June s. still allowed to have votes, would use them to sup- oSf b hr thT P ort ^eir own encroachments on the liberties of the Lords. subject. The Lords listened, but were unconvinced. On the 8th they threw out the Bill on the third reading. 1 Differences of opinion might prevail on the subject of Church-government. There was no difference of opinion on the necessity of limiting the prerogative. On the diminish the morning of the 8th, Selden, who was a steady voter prerogative. Qn ^ e pj SCO p a ]_ gj^ brought in three Bills one for declaring the illegality of ship-money, a second for limiting the extent of the forests, and a third for abolishing the knighthood fines. In the afternoon of the same day Bills for the abolition 1 of the Courts of Star Chamber and High Commission were read a third time without a division. 2 Both parties were unani- mously resolved that Charles should hereafter reign under strict constitutional limits. Charles's one path of safety was still the same as it had been in the days of Stafford's trial. Only by frankly accepting ^ , , the constitutional limits imposed on him could he Charles s * / * i , > i i -r -, chances of avail himself of the support which the Lords were anxious to give him on account of their divergence of opinion from the Commons on the question of Church government. Such, it can hardly be doubted, was the advice offered by Bristol in June, as it had been in April. Charles had one ear for Bristol, and another for the Queen. No com- bination was too fantastic, no scheme too audacious, to be acceptable to Henrietta Maria, and to gain at least temporary approval from her husband's weakness. On June 2 the Queen had an interview with Ros- The Queen's setti. She bemoaned the impossibility of inducing wi\h V Ros- Charles to change his religion. She could, however, settit state positively that if the Pope would send money AfSS. xxv. No. 162) this step was taken by the Lords * of purpose, it was thought, to have stopped the Bill of Root-and-Branch. ' If so, Bering was very near being justified by the event. 1 Z. y. iv. 239, 265. 2 D'Ewes's Diary, HarL MSS. clxiii. fol. 285. C. J. ii. 171. 384 CONSTITUTIONAL REFORMS. CH. xcix. i5o,ooo/. was the sum named he would grant religious liberty in Ireland, and in England would for the present allow the Catholics to frequent the chapels of the Queen, and of the foreign ambassadors. When once he had again become the master of his people, the Catholics should have full religious liberty, with permission to open chapels of their own. Every religion except theirs and that of the English Church should be extirpated. The Queen further engaged to write a letter to Cardinal Barberini, in which these promises should be made, and this letter was to be countersigned by Charles. 1 It would seem the height of madness to expect to make use of help from the Pope and from the Scottish Presbyterians Negotiation at the same time. Yet more than this was behind. FrLsVcatho- -^ negotiation was being carried on with the Irish lies- Catholics in which they engaged, in return for liberty of worship, to give armed assistance to the King, though as yet the actual terms were not absolutely settled. 2 Nothing of all this was known at that time to the leaders of the Commons ; but enough was known of Charles's recent proceedings to render them utterly distrustful. On the day on which the new constitutional Bills were read, Fiennes produced the first report of the Secret Committee on June s. the Army Plot. He told of the attempt to introduce Billingsley's men into the Tower, of the schemes for inciting the army against Parliament, of the fortifica- tion of Portsmouth, and of the suspicions of an intrigue with the French Government. Examinations were read which left no doubt that, whatever the King's personal action might have been, the plot for exciting the army to take part in political affairs originated at Whitehall. 3 Every word of this long report was a death-blow to the Tumult in hopes of those who had thought to see Charles at the the House. j iea( j Q f a re formed government, and to save Epis- copacy through him. The feelings to which it gave rise found 1 Rossetti to Bai-berini, June -, R. O. Transcripts. * Idem, , 1642, ibid. 3 D'Ewes's Diary, HarL MSS. clxiii. fol. 290. Moore's Diary, ibid. speedily. "Nay," said the King, "if you will look to it that they do not carry it before I go to Scotland, when the armies will be disbanded, I will undertake for the Church after that time." "Why, then," said Hyde, "by the grace of God it will not be in much danger." Hyde subsequently boasted that he had done his best as Chairman of the Committee to throw obstacles in the way of the Bill. 1 If the Church was in danger it was from Charles's inability to discover the necessity of reform. The debates which ensued showed how few even of the opponents of the Root- Debate in committee and- Branch Bill were as yet ready to support him in on the Root- ,. . . - . _,--_.. and-Branch his policy of mere resistance. Rudyerd and Bering Bl11 " talked loudly, if somewhat vaguely, about a restora- tion of Primitive Episcopacy. Culpepper, with more practical instinct, asked merely for a change of men instead of the abolition of the office. To the words of the preamble, which declared that { the present government of the Church had been by long experience a hindrance to the full reformation of reli- gion,' he moved as an amendment that the present governors of the Church had been by late experience a hindrance to religion.' 2 His proposal failed to obtain acceptance. The abolition of archbishops and bishops, deans and chapters, was voted. It was hardly possible at the time to excite any enthu- siasm for Episcopacy in England. D'Ewes doubtless gave expression to an anxiety which was widely felt when he said that the liberties and estates of Englishmen were in danger as well as their religion. If there were those who would 1 Clarendon, Life, i. 93. His statement, that he waited on the King in consequence of a message through. Percy, is one of his usual blunders. When Percy fled the Bill was not yet introduced. 2 D'Ewes's Diary, Harl. MSS. chdv. fol. 217. 1641 THE ROOT-AND-BRANCH BILL. 389 entertain such a design as that of the Army Plot whilst Parlia- ment was sitting, c what was not to be feared when Parliament was dispersed ! ' l How, indeed, could the control of religious teaching be left in the hands of a man from amongst whose intimate counsellors the Army Plot had burst on the astonished world ? The opponents of the Root-and-Branch Bill felt but little zeal in their own cause. The debates were long, and the body stood in need of refreshment. It was pleasanter, now that the summer days were come, to while away the hours in the tennis-court or the theatre than to listen to dry discussions about bishops and deans. " They who hated the bishops," laughed Falkland, " hated them worse than the devil ; they who loved them did not love them so well as their dinner." 2 One day Hyde asked Fiennes in private what government he intended to substitute for Episcopacy. There would be time Conversa- enough to settle that question, Fiennes answered Hyde e and een " If the Kin &" he said > " resolved to defend the Fiennes, bishops, it would cost the kingdom much blood, and would be the occasion of as sharp a war as had ever been in England ; for there was so great a number of good men who had resolved to lose their lives before they would ever submit to that government." At another time Hyde asked and between J Hyde and Marten, who was known to care little for religion, what he really wanted. " I do not think," was the reply, " one man wise enough to govern us all" 3 Hyde was shocked by such words. He did not see that the only way in which Charles could answer them was by being wise enough to govern. Charles had thrown the reins on the neck of the steed, and was surprised to find that it was taking its own way. The committee found its deliberations perpetu- ally interrupted, not, indeed by Hyde's intrigues, but by the necessity of listening to fresh disclosures on the subject of the Pro ess Army Plot, and of making provision for the disband- with the ment of the armies. Still, however, some progress was made. A proviso was introduced that, on the abolition of deans and_chapters, none of their property should be 1 D'Ewes's Diary, Harl MSS. clxiii. fol. 309. 2 Clarendon^ iii. 241. 3 Clarendon, Life, i. 75. 390 ECCLESIASTICAL DIVISIONS. CH. xcix. diverted from ecclesiastical purposes. At last, on June 21, the important point of the government to be substituted Propose^' for Episcopacy was reached. The younger Vane pro- m?nt s of tte posed a clause providing that Commissioners should church. k e a pp i n ted for the present in each diocese to exer- cise ecclesiastical jurisdiction, and that these Commissioners should be appointed in equal numbers from the laity and the clergy. 1 Here, then, was the Root-and-Branch scheme at last. It was referred to a sub-committee, to be put into shape. If the feeling against Episcopacy gathered strength from the growing distrust felt in the King, it did not originate there. Outside the House the Puritan spirit was mounting, and the Puritan spirit assailed not so much the episcopal constitution of the Church as the forms of worship which the bishops pro- Smectym- tected. At the end of March five English divines, nuus. joining their ' initials 2 to form the uncouth name Smectymnuus, had issued a pamphlet in support of Presby- terianism in reply to Hall's ( Humble Remonstrance.' c Smectymnuus ' was too professional to lift the controversy above the Calvinistic orthodoxy of the day. In the end of june(?) May, or the beginning of June, a new champion ap- fiSt'pSmph- Feared on the scene. The singer of the Comus let - and the Lycidas felt that the time had now come when it behoved him to lay aside that task of high poesy for which he had been girding himself from his youth up, and to throw himself into the great controversy, on the issue of which, as he firmly believed, depended the future weal or woe of England. Much of the argument by which he supported Pres- byteriamsm against Episcopacy is familiar to the student of the pamphlets and the speeches of that eventful year. But whilst 1 D'Ewes's Diary, Harl. MSS. clxiii. fol. 337. 2 Stephen Marshall, Edmund Calamy, Thomas Young, Matthew New- corn en, William Spurstow. Professor Masson (Life of Milton , ii, 219) is mistaken in quoting Cleveland's poem as evidence of the immediate popu- larity of the book. Cleveland speaks of the collection of the poll-tax, and his poem must therefore have been written some weeks after the date of the appearance of Smectymnuus. 1641 THE MILTONIC IDEAL. 391 others contented themselves with argument from Scripture or from Church history, or with the wearisome repetition of doc- trines which appeared to them to contain the sum of all truth, Milton drove right into the very heart of the matter, and in that wonderful rhythmical prose on which the reader is upborne as on a strong and steady stream, strove to impress upon the world around the central doctrine of the C0mus, that spiritual perfection is not to be reached through the operation of the bodily senses. " Sad it is," he wrote, " how that doctrine of the Gospel, planted by teachers divinely inspired, and by them winnowed and sifted from the chaff of overdated ceremonies, and refined to such a spiritual height and temper of purity and knowledge of the Creator, that the body, with all the circumstances of time and place, were purified by the affections of the regenerate soul, and nothing left impure but sin ; faith needing not the weak and fallible office of the senses to be either the ushers or inter- preters of heavenly mysteries, save where our Lord Himself in His sacraments ordained, that such a doctrine should, through the grossness and blindness of her professors and the fraud of deceivable traditions, drag so downwards as to backslide one way into the Jewish beggary of old cast rudiments, and stumble forward another way into the newly- vomited paganism of sensual idolatry, attributing purity or impurity to things indifferent, that they might bring the inward acts of the spirit to the outward and customary eye-service of the body, as if they could make God earthly and fleshly because they could not make them- selves heavenly and spiritual ; they began to draw down all the divine intercourse betwixt God and the soul ; yea, the very shape of God Himself, into an exterior and bodily form, urgently pretending a necessity and obligement of joining the body in a formal reverence and worship circumscribed ; they hallowed it, they fumed it, they sprinkled it, they bedecked it, not in robes of pure innocency, but of pure linen, with other deformed and fantastic dresses, in palls and mitres, gold and gewgaws fetched from Aaron's old wardrobe, or the flamen's vestry; then was the priest set to con his motions and his postures, his liturgies and his lurries, till the soul by this means of over- 392 ECCLESIASTICAL DIVISIONS. CH. xcix. bodying herself, given up justly to fleshly delights, bated her wing apace downward, and finding the ease she had from her visible and sensuous colleague the body in performance of religious duties, her pinions now broken and flagging, shifted off from herself the labour of high-soaring any more, forgot her heavenly flight, and left the dull and droiling carcase to plod on in the old road and drudging trade of outward conformity." In these words lay the central fire which wanned the hearts of all the nobler assailants of episcopacy and the Prayer Book. Their thought might be overlaid by political considerations or social jealousies, but at the bottom it was this that was meant by them all. To Laud's notion of a training of the spirit by the external habit they opposed the notion of the spirit loosing itself from bonds, contemptuously freeing itself from outward ceremonies or disciplinary institutions, and content to direct its course for itself in accordance with the will of its heavenly guide. It needs not to be said how one-sided a view of human nature it was. Man cannot profitably shake himself thus loose from external helps. Laud's doctrine, too, had a truth of its own. Familiar institutions and habitual actions mould the life of a man far more than Milton would own. Milton's prose, like Milton's poetry, gave but the noblest expression to a one- sided tendency of the human mind. He declaimed against in- stitutions because their importance was altogether unintelligible to him. With the struggle for representative government he felt sympathy only so far as it appeared to him to subserve the development of a vigorous spiritual and intellectual life. That which had alarmed the Cheshire petitioners had no terrors f r ^ mi - " ^ e cannot but express," they had said, m re Pty to tne Presbyterians, "our just fears, that their desire is to introduce an absolute innovation of Presbyterian government, whereby we, who are now governed by the canon and civil laws, dispensed by twenty-six ordinaries easily responsible to Parliament for any deviation from the rule of law conceive we should become exposed to the mere arbitrary government of a numerous Presbytery who, together with their ruling elders, will arise to near forty thousand church 1 641 PRESS YTERIANISM. 393 governors, and with their adherents must needs bear so great a sway in the commonwealth that, if future inconvenience shall be found in that government, we humbly offer to consideration how these shall be reducible by parliaments, how consistent with a monarchy, and how dangerously conducible to an anarchy which we have just cause to pray against, as fearing the conse- quences would prove the utter loss of learning and laws, which must necessarily produce an extermination of nobility, gentry, and order, if not of religion." 1 The very Root-and-Branch men in the House of Commons were as sensible of the danger as the Cheshire petitioners. Milton had hardly the patience to seek for an answer to the objection 'whether a Milton en . . *,,., Presby- greater inconvenience would not grow from the cor- tenanism. ru ption of any other discipline than from episcopacy.' " First," he tells us, " constitute what is right, and of itself it will discover and rectify that which swerves, and easily remedy the pretended fear of having a pope in every parish, unless we call the zealous and meek censure of the Church a popedom, which whoso does, let him advise how he can reject the pastorly rod and sheephook of Christ, and those cords of love, and not fear to fall under the iron sceptre of His anger that will dash him in pieces like a potsherd." 2 It is clear from such a paragraph as this that Milton's theories on government were no better suited to the actual England of the day than the Lady of the Ccmus M a iitons would have been at home at the Court of Henrietta pamphlets. Mari ^ Qr the 4^9^ Raphael in the Long Par- liament Yet not for this are they to be condemned. Their permanent value lies in the persistence with which they point to the eternal truth, that all artificial constitutional arrange- ments, all remodelling of authority in Church or State, all reform in law and administration, will be worthless in the absence of the high purpose and the resolute will of the indi- vidual men who are to make use of political or ecclesiastical institutions. " Love Virtue, she alone is free." Let the mind be cultivated to understand which are the paths of virtue. Let 1 A Remonstrance against Presbytery, E, 163. 2 Of Reformation touching Church Discipline. 394 ECCLESIASTICAL DIVISIONS. CH. xcix. the spirit be attuned to the harmonies of heaven. The work to be done for the soul and intelligence of the individual Eng- lishman was far greater than anything that parliaments and presbyteries could accomplish for the external regulation of the community. Even in Milton's commendation of Presbytery there was something which made for liberty. His idea of Church disci- pline was merely one of meek and gentle admonition. Milton s i. , . , _ , , , i . -i i idea of In him the Independent was already visible beneath liberty. ^ Presbyterian. The teaching of the professed Separatists or Independents was already to be heard in Lon- don. Some of those who had been exiled to Holland had re- turned, and were once more preaching in London or elsewhere. Others were on their way from New England. It was not, however, the teaching of these men which caused alarm. They had their peculiar views about the constitution of the Church, but, in other respects, their doctrine was very like that of other Puritan divines of the day. That which gave offence was the Lay more than Puritan arrogance with which they drew preaching. tne ij ne between their own sanctified congregations and the apostate churches which found room for the sinful and profane, as well as the rapid growth of unauthorised congre- gations in London, and the assumption by tradesmen and artificers of the office of the preacher. Naturally these men adopted the Independent or Separatist scheme, which did not set apart the ministry as a distinct office, and it was equally natural that ministers, whatever might be their opinions on the subject of Episcopacy, should join in denouncing the hatters and the felt-makers who fancied themselves capable of giving instruction without having received an education which would fit them for their work. Still greater offence was given when it was known that women sometimes took upon themselves to preach, and the words of St. Paul, " I suffer not a woman to teach," were quoted with great unction by many whose lives were not always regulated in conformity with other parts of the teaching of the Apostle. 1 A very general senti- 1 A list of six women -preachers is given in A Discovery of Sin, E. 1 66. 1 64 1 LAY PREA CHING. 395 ment was expressed in a doggerel verse which appeared some months later : When women preach, and cobblers pray, The fiends in hell make holiday. l This feeling found expression in the House of Commons. Holies complained of certain e mechanical men ' who had been June 7 . preaching in London, c as if, instead of suppressing preachers Popery,' the House ' intended to bring in atheism and the r H V e usl n of confusion-' The Speaker was directed to reprove Commons, them and to send them away with a warning to offend no more. 2 The House could hardly do less. The idea of complete toleration to wise and unwise, educated and uneducated, was utterly unfamiliar to the members. Yet they hardly liked to intervene too harshly with men whose support was valuable to them. They had, too, so much on their hands, and such terrible obstacles in the way of accomplishing anything. Party feeling in the Commons was growing apace, and their uncertainty as to the King's intentions towards them, made their demands more trenchant than they would have been if they could have trusted that the laws which they made would be administered in the June 22. spirit in which they were conceived. On the 22nd, News of a the day after the sketch of a new Church organisa- piot. 1S tion had been introduced by Vane, Hazlerigg informed the House that a new plot had been discovered in Scotland. Was it safe, he asked, for his Majesty to be travelling to Scot- land at such a time ? 3 The soul of that plot was Montrose. Though jealousy of Argyle had, no doubt, its full weight in sending Montrose to Montrose's tne King's side, there can be little doubt that he was policy. swayed in the main by higher considerations. He sought to find in the Crown a weight to counterbalance what he held to be a factious nobility resting on popular support. He had discovered, in the autumn, that there had been some talk of dethroning the King, and he knew that the Royal 1 Lucifer's Lackey, E. I So. 2 D'Ewes's Diary, Harl. MSS. clxiii. fol. 279. 3 Ibid, clxiii. fol. 340. 396 CONSTITUTIONAL REFORMS. CH. xcix. authority had practically ceased to exist. There was now a proposal that judges and officers of state should be elected in Parliament , and it did not require much knowledge of Scottish society to be aware that such an arrangement would put the ad- ministration of the laws entirely in the hands of those of the great houses which were to be found on the popular side. Montrose had been recently explaining his political prin- ciples in a letter to the King. Sovereign power, he said, must exist in every State. It might be placed, according to the cir- cumstances of each country, in the hands of a democracy, an aristocracy, or a monarchy. In Scotland it must be entrusted to a monarchy. The nobles were incapable of postponing their private interests to the public good. The people were too easily led astray to offer a secure foundation for a stable government. Let the King, therefore, come in person to Scotland to preside over the coming Parliament. Let him freely grant to his subjects the exercise of their religion and their just liberties, Let him be ready to consult parliaments frequently, in order to learn the wants of the people, and win his subjects' hearts by ruling them with wisdom and moderation. 1 It was excellent advice, but Charles was not very likely to take it If he was bent on coming to Edinburgh, it was not ' because he was burning with impatience to understand the wants of his Scottish subjects, but because he hoped to avail himself of their assistance in his quarrel with his English sub- jects. Whether the Scots were qualified for self-government or not, they were shrewd enough to resist an attempt to flatter them into becoming a mere instrument of attack upon the English Parliament About the middle of May it was known that Montrose had been talking loosely of his knowledge that Argyle had formed a May 27. P lan for d e PO sm g the King. Evidence was taken, Montrose and, on the 27th, he was summoned before the Com- Committee mittee of Estates. In the face of Argyle he boldly of Estates. ma i n tained his ground. He gave the authority on which his statement had been based that of Lord Lindsay and 1 Napier, Memorials of Montrose^ ii. 43. 1641 PARTIES IN SCOTLAND. 397 John Stewart of Ladywell. Lindsay explained that what he had said had no more than a general significance. Stewart main- tained the truth of the charge, and was thrown into prison. Before further proceedings were taken, a certain Walter Stewart was captured on his way from London to Edinburgh. On him was June 4 . found a paper, to be presented to the King by Lennox wSSr e f anc * Traquair, in which, under the jargon of feigned Stewart. names, were concealed warnings to the King against Hamilton's influence. With these were mingled assurances that Charles would be well received in Scotland if he came prepared to grant to the people their religion and just liberties. The paper also purported to contain the King's reply to some further proposal made to him by Montrose, apparently to the effect that Argyle was to be charged with treason. It may be that, as Montrose averred, this paper was drawn up by Stewart, and not by himself. It may even be true that he had not given Stewart any positive instructions to suggest the accusation of Argyle to the King. But there can be little doubt that the scheme was one which he had entertained, and it is just possible that Stewart's paper may have been the jottings of a messenger anxious to keep in mind all the loose talk which had been spoken in his presence. Montrose's explanation, not very probable in itself, was not likely to be accepted by the June ii. Scottish leaders. Together with his brother-in-law, Si o? n ~ Lord Na P ier > Stirlin g of Keir, and Stewart of Black- Montrose. hall, who were implicated with him as the joint con- trivers of the intrigue, he was summoned before the Committee of Estates, and all four were committed to custody in the Castle. The resolution was no doubt prompted by the feeling that to come to a private understanding with the King was to separate from the national cause. 1 1 The feeling of moderate men was expressed by Lothian. " I fear the King yet be engaged to further discontent if he come, for he will not find our Parliament so submissive and slavish as the last, nor will a pen to mark men's names hinder free voting and speaking. This work must go through or our rest must go upon it, and the parties inviting him will, in their under- takings, leave him in the mire, as others have done before." Later on the same writer says of Montrose : " In winter indeed, when the Band was 398 CONSTITUTIONAL REFORMS, CH. xcix. Charles felt the full bearing of these revelations upon him- self. In the Privy Council he protested that if he had resolved to go to Scotland, it was fi not to make distractions, but to settle peace.' Traquair distinctly asserted that neither the King nor Lennox knew anything of the scheme for accusing Argyle. 1 It is probable enough that the idea of attacking Argyle was more agreeable to Montrose than to Charles. What Charles wanted was not to establish his authority in Scotland, Charles but so to pacify Scotland as to bring its influence to d"a?im- bear on England, or at least to prevent its influence self - being used against himself. Already during the first Charles's half f J une ^ e courtiers were looking eagerly for object, anv sign O f disagreement between the two Houses, which might follow on the rejection of the Bishops' Exclusion Bill. 2 Already, too, Charles had engaged in a second Army The second ^^- At tne en< i of May or the beginning of June, Army Plot. D an i e i O'Neill, an officer who had taken part in the first plot, had been sent down to sound Conyers and Astley as to the feasibility of bringing up the army to London if the Proposed neutrality of the Scots could be assured A Captain petition. Legg was entrusted by the King with a petition, to which he was to obtain signatures in the army. At the foot of burnt, I did what I could to quiet matters, and bring him off, and he thought I did him good offices. But now I took not so much pains, for his often relapses are not to be endured, and his practices will be found much to the prejudice of the public, and very malicious against particular men, who, to my knowledge, deserve it not at his hands." Lothian to Ancrurn, May 23, July 6, Correspondence of the Earls of Ancrum and Lothian, I. I2I 3 126. 1 There are rough notes of this scene in Vane's hand which I found amongst the Irish State Papers. They have since been transferred to the Domestic series. The words assigned to the King are : "It is not to make distractions, but to settle peace, which is not to be done by any but myself. The Commissioners in [? of] Scotland have cleared him, and therefore he desires you to hear my Lord Traquair. A foolish business concerning Captain \Val. Stewart. " The documents relating to this affair are printed in Napier's Memorials of Montrose. 2 Giustinian to the Doge, June ||, Yen. Transcripts. 1641 ANOTHER ARMY PLOT. 399 it were written a few words to commend it to Astley's notice, to which the King's initials were appended by himself. 1 The petitioners, after thanking the King for his many con- cessions to his people, complained of the turbulent and mutinous persons who were daily forging new and unreasonable demands ; and who, whilst all men of reason, loyalty, and moderation were thinking how they might provide for his Majesty's ' honour and plenty,' were only aiming at the diminution of his 'just regali- ties.' They then asserted that f these ill-affected persons were backed in their violence by the multitude, and power of raising tumults ; that thousands flock at their call and beset the Parlia- ment and Whitehall ; ' not only * to the prejudice of that freedom which is necessary to great councils and judicatories, but possibly to some personal danger of your sacred Majesty and the Peers.' Due punishment ought to be inflicted on the ringleaders of those tumults. " For the suppression of which," such was the final conclusion of the petition, " in all humility we offer our- selves to wait upon you, if you please, hoping we shall appear as considerable in the way of defence to our gracious Sovereign, the Parliament, our religion, and the established laws of the kingdom, as what number soever shall audaciously presume to violate them ; so shall we, by the wisdom of your Majesty and the Parliament, not only be vindicated from precedent innova- tions, but be secured from the future that are threatened, and likely to produce more dangerous effects than the former." 2 The language of this petition reveals the view which Charles took of the situation. He would abide by the law, but there was no law to compel him to give the royal assent to l the Bills which he held to be injurious to his own rights situation. and to the good of the nation< Once he had given way against his conscience to the dictation of a London mob. He would do so no more. He was in his right in asking the army to repel force by force and to overpower the violence of a turbulent populace. 1 The whole evidence of this affair is to be found in D'Ewes's Diary, under the date of Nov. 17, HarL MSS. clxiv. fol. 157 b. " Clarendon^ iii. 170. As Hallam discovered, this petition is misplaced in date, so as to connect it with the former plot. 400 CONSTITUTIONAL REFORMS. CH. xcix. If only government were a mere affair of technical legality, it would be difficult to detect a flaw in this reasoning. Un- its weak- happily for Charles there are laws inherent in the ness. constitution of human nature which are less easy to be defied than any which are to be found in the books of English lawyers. Puritanism was an existing fact, and Charles made no sign of any disposition to allow it any weight what- ever. Government can never be conducted in the mere spirit of negation. Charles could object to the Church reforms pro- posed by the Commons. He had no solution of his own to offer, no plan for marking the difference between the Episco- pacy of the future and the Episcopacy of the past. The second Army Plot, like -the first, came to nothing. Conyers and Astley would hear nothing of it, and O'Neill, Failure of having been summoned before a committee of the the plot. Commons to give an account of his connection with the former plot, sought safety in flight. It seemed as if Charles would be willing to acknowledge his obligation to rule in agree- ment with his Parliament. On the 22nd the King gave his assent to a Tonnage and Poundage Bill, conveying those duties to him for a limited time a time which was to expire as early june 22 . as J ul y T S* Bv tllis ^ Charles surrendered for The Ton- ever his claim to levy customs duties of any kind with- PoSndage out a Parliamentary grant. He intended, as he said BllL when he passed the Bill, to put himself wholly upon the love and affection of his people for his subsistence.' As for the idle rumours which had reached his ears about an extra- ordinary way, he had c never understood it otherwise than as having relation to the Scottish army, and preventing insurrec- tion, which vanished as soon as they were born.' 1 What Charles in this ill-constructed sentence called prevent- ing insurrection, Pym would call overawing Parliament. It is June 24. h azardou s to suppose that Pyin had no informa- Pym's ' tion on the second Army Plot because no such in- proposals. f ormat j OI1 was publicly disclosed till five months later. But, even if this were the case, the news from Scotland was 1 Rushworth, iv. 297. 1641 THE TEN PROPOSITIONS. 401 enough to put him on his guard. He saw clearly that unless harmony could be restored between the King and Parliament, inevitable confusion would be the result. On the 24th he carried up to the Lords ten propositions, asking that the armies might be disbanded as soon as money could be provided, that the King's journey might be delayed, and, above all, t that His Majesty* might c be humbly petitioned to remove such evil counsellors against whom there shall be just exceptions, and for the committing of his own business and the affairs of the kingdom to such counsellors and officers as the Parliament may have cause to confide in.' Other clauses touched on the re- moval of Catholics from Court, and from attendance on the Queen, on the expulsion of Rossetti, on placing the military and naval forces in safe hands, on the drawing up of a general pardon, and finally on the appointment of a joint committee of the two Houses to ' consider of such particular courses as shall be most effectual for the reducing of these propositions to effect for the public good.' l These ten propositions were a master-stroke of policy. The counsel and co-operation of the Lords were invited on every point. If Charles had reckoned on a conflict between the Houses, the ground was now cut from beneath his -tL,nect of ,. i i -i s~\ these pro- feet. The propositions were accepted by the Com- posais. mons without a dissentient voice. Those amongst them which related to the Catholics received the warm support of Culpepper. In the Lords, with one or two unimportant amendments, made with the object of sparing the Queen's feelings as much as possible, they were adopted without serious opposition. Once more Charles found himself isolated. Once more he had converted both Houses and both parties into opponents, when he had hoped to find supporters. If Charles could have accepted the propositions it would have been well for England and for himself. The substitution of counsellors in whom Parliament could confide, for others in whom it had no confidence, would have led to the introduction of that Cabinet government which, after the interval of half a 1 Z. 7. iv. 285. VOL. IX. D D 402 CONSTITUTIONAL REFORMS. CH. XCIX. century, closed the era of revolution in England. It would probably, too, by bringing the leaders of the Opposition under the responsibilities of office, have produced some compromise on the ecclesiastical difficulty which would have satisfied mo- derate men on both sides, and which would have lasted till opinion was ripe for a further movement in the direction of that universal religious toleration which was the only possible per- manent solution for the difficulties of the time. It was, however, too much to expect that Charles would willingly consent to a change, however desirable, which would be a death-blow to that authority which he had inherited, and which he believed to have been entrusted to him by God and the law for the public welfare. On some points even Charles could not but give way. On the 25th he consented to the proposed disbandment of Partial con- the army, and to the immediate dismissal of Rossetti. cessions. The disbandment would be facilitated by a Bill which had been for some time under discussion for the substitu- tion of a poll tax, falling with a graduated scale of payment upon men of different ranks of society, for the sub- sidies which were so easily evaded. A few days later the King was besought to defer his journey to Scotland till August 10. It was hoped that by that time both armies would be disbanded, and that he would no longer find any soldiers on his way on whom he could exercise his fascinations. 1 To this request no reply was given, but it seems to have been under- stood that Charles would not leave London for some time to come. Charles was indeed now prepared to make concessions, if only he could avoid any hindrance being thrown in the way of his journey to Scotland. It is indeed impossible to argue from any scheme which crossed Charles's mind, that he had sufficient fixity of purpose to form a settled determination to carry it out in action. At one time he may have flattered himself with the hope that yet one more concession would suffice to win back his people to their due allegiance, and to disgust them with the 1 L. J. iv. 288-299. 1 641 CHARLES AND ROSSETTL 403 traitorous intriguers who were leading them astray. But his more frequent attitude was undoubtedly that of a gambler who is ready to risk everything because he has assured himself that it may all be recovered by a happy stroke which will enable him to enjoy his own again. Such was the temper in which he was when, on the day after he had consented to Rossetti's dismissal, the Italian came Tune 26 to ^hftdtmn 1 to take leave of the Queen. He found Charles's " the King with her. After some general conversation, with R e ol Charles begged him to thank the Pope and Cardinal settl< Barberini for their compassionate sense of the pre- sent misery of his kingdoms. He was under the greatest ob- ligation to them for the prompt offers of assistance which had been made to him for the advantage of the Catholic religion. He did not think that he had ever treated it with rigour, but he would promise that if he ever became master of his kingdoms, he would treat the priests and the Catholics in general with the utmost possible gentleness, and would give them every relief in accordance with the declarations recently made by the Queen. He went on to speak of the Catholic religion more, as Rossetli thought, like a Catholic than a heretic. After some further compliments he left the room. As soon as he was gone, the Queen said that she and her husband had been con- sidering what security they could give to the Pope that their promises would be kept if he came to their aid ; but that she did not see how she could do more than re- peat the oifers which she had made three or four weeks before. She then spoke freely of the course to be adopted. The King, she said, found the Parliament so irritated against him that he could do nothing at present without danger. He, therefore, wished to wait till the Houses had adjourned themselves, after which he would take measures for his own advantage. Rossetti refused to take the letter which Henrietta Maria again proposed to write to Cardinal Barberini, as too dangerous to himself; but he again pressed upon her the subject of Charles's conversion. The Queen replied that the King was certainly not averse to the Catholic faith. He had lately paid much attention to her when she had told him about some D D 2 404 CONSTITUTIONAL REFORMS. CH. XCIX. miracles wrought by a person whom it was proposed to canonise. Yet he was so timid, so slow, so irresolute in action, that it would be long before he could bring himself to carry out such a holy resolution. Speaking further of a fresh demand which Parliament was likely to make, the Queen encouraged Rossetti by informing him that, according to the law of England, what- ever was granted by a king under compulsion was null and June 2 8. void. 1 On the 28th Rossetti set out for the Continent. Rossetti jje took up his quarters first at Ghent, and after- England, wards at Cologne, where he continued for some time to correspond with the Queen. It is hard to understand how anyone absolutely insane could have believed for a moment in the stability of such a cloud-castle as a combination between the Pope and the Scottish Presby- terians. Perhaps Charles did not quite believe in it himself. There may have been something not altogether unreal in his efforts, from time to time, to content his subjects. If they would but gratefully accept reforms as coming entirely from his hands, and contentedly look to him alone for future favours, he would doubtless have been far better satisfied than in setting forth in quest of adventures which were more to his wife's taste than to his own ; but there was nothing in that strangely constituted mind of his to prevent him from entertaining incompatible projects at the same time. It was not long before his readiness to yield was again put to the test. On July 3 he gave his assent to the Poll Tax Bill. With respect to two Bills, for the abolition of the Courts of Star Chamber and High Commission, he announced that he must - ul take time for consideration. On the 5th the re- of quired assent was given to both Bills. The Council of the North, which rested on no positive statute, had already been voted down. The Council of Wales had S? tneN^h van ished with it. The circle of constitutional change was now com Pl ete * The extraordinary courts which had been the support of the Tudor monarchy had disappeared Whatever powers the King possessed must be 1 Rossetti to Barberini, July | , R t O. Transcripts. 1641 COULD CHARLES BE TRUSTED? 405 exercised in accordance with the decisions of the common law judges. If that were not enough the Commons had the power to bring the King to terms by stopping the supplies unless, indeed, he chose to fall back on violent methods unknown to the law. It was precisely this last possibility which made all that had been granted worthless. There were those in the days of Charles who treated the danger as of little moment. Readers of Rossetti's despatches now are hardly likely to be so easily satisfied. Charles, indeed, made one effort to win over public opinion to his side. He issued a manifesto in favour of the Elector The King's Palatine, and he asked Parliament to supply him abTut e the TOth the means to enable the young man to win back Palatinate. hj s father's inheritance. The Houses listened gravely and gave a decorous answer ; but the hearts of the members were no longer in the Palatinate. They had the dread of that ill-starred visit to Scotland before their eyes. A Continuance Bill significantly fixed the expiry of a renewed grant July 9- O f tonnage and poundage on August 10, the date on which Charles now proposed to set out for Edinburgh. 1 The Houses begged for a reply to their demand for the July 12. remova i O f e vil counsellors. The next day Charles July 13. flashed into anger. He bade the Earl of Bath inform de h dar e e s s that Parliament that c his Majesty knows of no ill coun- nomc^ui? sellors, the which he thinks should both satisfy and seiiors. be believed, he having granted all hitherto demanded by Parliament; nor doth he expect that any should be so malicious as, by slanders or any other ways, to deter any that he trusts in public affairs from giving him free counsel, espe- cially since freedom of speech is always demanded and never refused to parliaments.' 2 In vain Charles's advisers warned him against the wild His deter- adventure of his northern journey. Hamilton, as f ar as 03^ b e nO w discovered, was busy at his usual 2nd. cot " -work of intrigue. He had won over Rothes, and Rothes was employed to win over Argyle. The argument to be i C. ?. ii. 205. 2 L. y. iv. 310. 406 CONSTITUTIONAL REFORMS. CH. xcix. used appears to have been that if the King were stripped by the English Parliament of his right of appointing to offices, he would have nothing left to give to his faithful Scots. 1 If Charles was to seek for support in the North, the Queen would hardly like to remain near London as a hostage to July 14 Parliament in his absence. Once more there was The Queen's a talk about her ill-health, which made it necessary journey to for her to repair to the curative waters of Spa. She pam ' might take the opportunity of escorting her daughter to her bridegroom. The excuse was too transparent to deceive anyone, and it was rumoured that she meant to carry with her the Crown jewels and plate, so as to be enabled to live at her ease in the company of Jermyn and Montague. It was more likely that her heart was set on gathering a military force in aid of her husband She assured the Venetian ambassador, who reported to her the rumours that were abroad to her discredit, that all that she wanted was to live at peace. " I am ready," she said, "to obey the King, but not to obey 400 of his subjects." The Queen had the new French ambassador, the Marquis The new ^ ^ a ^^ Imbault, to consult, now that Rossetti French was at last gone. He did his best to dissuade her am assador. fro ^ ^ p ro j ect . The House had already taken the precaution to consult her physician, Mayerne, who told them July 15. that the Queen's illness proceeded from some in- 5S"of ward discontent of mind.' They could not be the Houses, persuaded that, in order to remove that discontent, it was necessary for her to take with her so large a store of plate and jewels, which would ' not only impoverish the State, but might be employed to the promoting of some mischievous attempts to the disturbance of the public peace.' To a Parlia- ^ mentary deputation she answered that nothing but y I? " her ill-health had made her resolve on the journey. The Commons sent privately to the guardian of her jewels to be ready to give an account of them, and intimated that still 1 Rothes to Johnston, June 25, Rothes* Relation^ 22$. Giustinian to the Doge, July ~, Ven. Transcripts, R. 0. J64I THE QUEEN STOPPED. 407 stronger measures would be adopted if the Queen persisted in her resolution. Upon this she gave way and replied u y "' that she was ready to remain in England, even at the hazard of her life. 1 In the meanwhile the Commons had not been idle. They had impeached one of the judges of treason, and five others . . . f of misdemeanour for their part in the judgment on Activity of , . ___, r , , , ,. the Com- ship-money. They had resolved that the proceedings mons ' against the imprisoned members of the Parliament which had been dissolved in 1629 were entirely illegal, and that reparation ought to be made by the Privy Councillors by whose warrant they had been committed. Then had come articles of impeachment against Wren for his harsh dealing with the Puritans, as Bishop of Norwich, and for his adoption of ceremonial practices which had aroused even greater oppo- sition than those which had been advocated by Laud. Digby's speech on the Bill of Attainder, having been sent to the press, was warmly censured ; and, it being understood that the King intended to send him as ambassador to France, the Lords were asked to petition that no employment under the Crown might be conferred upon him. At the same time the Root-and-Branch Bill was being pushed steadily through committee. Vane's proposed frame Progress of of Church government was materially altered. So a^d-B?anch determined were the Commons at this time not to Bil1 - admit the clergy to power, that they rejected Vane's plan for placing ecclesiastical jurisdiction in the hands of Diocesan Boards, half of the members of which were La y U Com-' to be clergymen, and substituted for it a scheme by to which nine lay commissioners, to be named in the Bill, were to exercise all ecclesiastical jurisdiction in Eng- land in person or by deputy. Objections were raised to the competency of lay commissioners ; but Selden, who usually supported the bishops, now argued strongly in favour of the new project, which would at least have the merit in his eyes of 1 L. y. iv. 307, 321. Giustinian to the Doge, jjjffi Vm. Tran- scripts^ R. O. 4o8 CONSTITUTIONAL REFORMS. CH. xcix. taking authority from the hands of the clergy, and Selden July 17. carried the committee with him. A few days later Five minis- it was arranged that five ministers in each county should be charged with the functions of ordination. 1 j n ^j-Q^g o ff Episcopacy the House of Commons made up its mind not to establish Presbyterianism. 2 However much opinion may have been divided on this Bill, in all other respects absolute unanimity appears to have pre- juiy2 3 . vailed. On the 23rd it was resolved to take up the stiwSSpro- R emon strance, which had frequently been talked of posed. ever since the beginning of the session, in order that it might be known what had been the condition of the kingdom and Church at the time when Parliament met, and what had been the proceedings of the House in remedying the existing disorders. This proposal, too, came to nothing for the present. Just Rumoured at ^ s t e rumours were spread that the King was appointment about to comply with the wishes of Parliament in the of officers. . J; -. ,. . - ~ appointment of officers. It was said that the Secre- taryship of State, which had been held by Windebank, was to 1 The number of the divines is given as twelve in a contemporary letter, but D'Ewes's number of five is no doubt right. " They have voted another clause in the Bishops' Bill, that all processes that shall issue forth after the first of August next for ecclesiastical affairs shall be directed to the nine Commissioners, and that after that time any five or more of them shall have full power to try ecclesiastical causes, to call annual synods, and to appoint twelve divines in each county for to order ministers at four times in the year. " -Appleton to J. Appleton, July 23, Tanner MSS. Ixvi. fol. 100. The nine commissioners, according to Moore {HarL MSS. cccclxxix. fol. 60), were named on the I4th. They were Sir Gilbert Houghton, Ralph Ashton, Roger Kirkby, Richard Shuttle worth, John Moore, Alexander Rigby, John Atherton, Robert tfolt, Sir Edward Wrightington [?]. The persons whose names are in italics were not mem- bers of Parliament. 2 Moore's Diary, July 12, HarL MSS. cccclxxix. fol. 53 b. D'Ewes's Diary, July 17, ibid, clxiii. fol. 406. Whitelocke's story that the com- mittee accepted Usher's scheme of limited Episcopacy - cannot be true. We have, however, this scheme published in a contemporary pamphlet, the Order and Form of Chiirch Government^ as that resolved on by the Commons. I have no doubt that this is an example of the many imagi- nary Parliamentary reports which were printed to sell. 1641 SCHEME OF WILLIAMS. 409 be given to Mandeville, to Holies, or to Hampden. 1 One place of no political importance, it is true was actually dis- posed of. Pembroke had come to blows with Arundel's son in the House of Lords, and the Queen, who thoroughly dis- Essex Lord ^ed kirn, persuaded Charles to take from him the Chamber- * Chamberlain's staff and to give it to Essex. Court favour, it was hoped,' would bring Essex back to his duty ; and, at the least, there would be bad blood between two of the Opposition Lords. Essex unwillingly accepted the place, but his political conduct remained unchanged. 2 The policy of entering upon a good understanding with men like Essex and Mandeville was strongly enforced by Advice of Williams, who was not likely to listen to any scheme Williams. for the substitution of force for skill 3 He reckoned on the House of Lords to counterbalance the strong Puritan feeling of the Commons. But it was not easy to induce the Lords to assent to any work of constructive legislation. Williams's own scheme of Church reform had not attracted much support It had been embodied in a Bill, which had been read twice, and in committee had been allowed to sleep. 4 Yet, if no serious efforts at legislation were made, the nation would never rally round the Lords. The scheme of the Com- mons might be open to various objections, but, at least, it pro- posed that something should be done. The King and the Peers showed no sign of wishing to do anything. It is not possible to penetrate quite to the bottom of the Loudoun in King's designs in insisting on his visit to Scotland ; Scotland, k ut there can be no doubt that he intended to make concession in the North serve his interests in the South. 5 1 Nicholas to Pennington, July 15. Bere to Pennington, July 29, S. P. Dom. 2 Appleton to Appleton, July 23, Tanner MSS. Ixvi. no. Giustinian to the Doge, j^ y3 , Ven. Transcripts. The Elector Palatine to the Queen of Bohemia, July 28, Aug. 17, Forster JlfSS. 8 Racket, ii. 163. 4 L. J. iv. 296, 2918, 308. 5 As the Queen put it in her conversation with Gre$y in tlie spring of 1642, * le Roi mon mari fait dessein d'aller en Ecosse pour voir si dans le cceur des sujets de ce royaume il y trouveroit chose avantageuse au 4io CONSTITUTIONAL REFORMS. CH. xcix. At the end of June Loudoun had gone down to Edinburgh, ostensibly to obtain further instructions for the Scottish Com- missioners in London. He was also charged with a secret mission from the King, and there is reason to believe that he was to offer certain terms in consideration of the exemption from punishment of Traquair and the other incendiaries. 1 It Charles's is also not improbable, though no evidence exists plans. one wa y or tkg otfre^ that he was to ask for the surrender of that letter which might show that the Parlia- mentary leaders had invited the Scots to invade England in the preceding summer. With this proof of treason in his hands Charles might hope to bring his chief opponents within the meshes of the law. Yet it seems hardly possible to doubt that his hopes from Scotland went far higher than this. At the end of Tune the Queen had assured Rossetti that the June 26. J ^~ King intended to take measures for his own advan- tage as soon as Parliament had adjourned itself. 2 Before the end of July the Venetian ambassador informed his Government that the Queen intended to remove a hundred miles from London when the King went north, in order not to be exposed c to those dangers which will be in- evitable when the King resolves to return to this realm, ac- companied by the Scottish army and by the English troops at York.' 3 Such, at least, may be taken to represent the ideas which were in the Queen's mind. It would seem that the Scottish bien de ses affaires.' Grey's Memoir, Arch, des Aff. tr. xlfx. fol. 124. On *jP Rossetti, who derived his information from persons about the Queen, wrote thus; "Per la giomata di S. M^ in Iscotia continuano le voci, e gP apparechij, con soggiungersi, die 1'esercito scozzese non si voglia sbandare, mostrandosi desideroso di voler restituire il Re in autorita. Alia meti del venturo mi si e destinata la mossa, et a quel tempo si dara principle alia sessione del Parlamento di quel Regno, e confida il Re di cavare promtti di conseguenze a sollievo delle fortune sue destitute se gl* effetti siano per corrispondere alle speranze. " R. 0. Transcripts. 1 Rothes to Johnston, June 25, Rotkef Relation, 225. 2 See page 403. 8 Giustinian to the Doge ~~ , Ven. Transcripts. 1641 A CATHOLIC MARTYR. 411 Commissioners were at this time drawing near to Charles. The Scottish ^e English Parliament had shown itself unwilling Commis- to discuss that commercial union which was so im- sioners. portant to the poorer nation, and it is possible that this may have had some influence with them. Yet, even if the Scottish Commissioners were drawing to his side, Charles must have known by this time how complete was the submission which he would have to make in Scotland. Stewart of Ladywell, whose evidence had been adduced by Montrose as bearing out his charge against Argyle, retracted his accusation under the influence of fear. Argyle, he said, had not talked of deposing King Charles, but only of deposing Execution of ^ n s ^ n general. His retractation profited him little. Stewart of He was condemned to death for leasing-making the crime of sowing disaffection by false reports be- tween the King and his subjects. The sentence was carried out, and the death of the unfortunate man served as a warning that, for all practical purposes, Argyle was king in Scotland. 1 In England, too, the King was no longer master of his mercy. The persecution of the Catholics had again begun. Tui 26 ^^ e ^ rst v * ct i m was an ld man f seventy- six, Execution of William Ward, who had in his youth been one of a P nest. Allen's pupils at the seminary at Rheims. To those who offered to seek the Queen's intercession he replied that he was ready to die. Thirteen years before he had been with a comrade who had been executed at Lancaster, and his dying friend had then predicted that he, too, would glorify God in his death. At Tyburn he spoke bravely of his faith. Not even the King or the Peers, he said, could be saved without the Roman faith. At this the people, who had hitherto listened sympathetically, drowned his voice with their outcries. The hangman allowed the old man to die on the gallows before the bloody work of quartering began. An enthusiastic French lackey dashed at the fire in which the martyr's heart was being consumed, and, snatching it from the flames, rushed with it through the streets, followed by a crowd of pursuers, till 1 Napier, Memorials of Montr ose, i. 296. 412 CONSTITUTIONAL REFORMS. CH. xcix. he could hold out no longer. The relic he prized was brought back and thrown into the flames. The Spanish and Portu- guese ambassadors were present at the execution, and the latter brought with him an artist to sketch the lineaments of the dying man, that the Catholic world might know that there were heroes still on the earth. 1 Henrietta Maria knew nothing of this miserable slaughter till it was past. When she was informed she said that if she had The Catho- been told of it she would have pleaded for Ward as I ic pdidc1j " she had P^aded for Goodman. The risk to herself party. was no greater now than it had been then. It was not to be expected that she should have discerned that her own intervention on behalf of the suffering Catholics was in truth their greatest danger. It was only recently that the Commons had had before them evidence on the Catholic contribution of 1639 ; and the knowledge thus acquired, impressing them, as it did, with the belief that the Catholics had been acting as a poli- tical party, must have hardened hearts which were hardened enough already to the dictates of pity. They were too much afraid to be merciful. At the end of July, Charles, waiting still for the message which Loudoun was to bring from Edinburgh, appeared to be July 28. i* 1 a yielding temper. Possibly he merely wished to rommand in keep n * s adversaries in good humour till he was able the South, to act against them. Possibly his shifting mood dwelt for a time on the hope that personal gratifications might win over men whose conscientious opposition he entirely failed to understand. 2 On the 28th, when Charles announced that he 1 Rossetti to Barberini, 4^? Narrative of Ward's execution, R. O. Transcripts. 2 " The change of the Lord Chamberlain was a thing my Lord of Essex did not at all sue for, and would not have accepted it, but that he saw the King was resolved the other should not keep it, and that if he had refused that also, after so many other things which were put upon him, the world might have thought that the high hand he carried in Parliament was not so much for to maintain the liberties of the subjects as out of spleen to the Court." The Elector Palatine to the Queen of Bohemia, July 28, Forster MSS. Evidently the notion that he had acted THE TWO HOUSES. 4 ! 3 had resolved to leave for Scotland on the gth, he coupled his announcement with an intimation that any forces which might be needed on the south of the Trent should be placed under July 29. the command of Essex. 1 In well-informed quarters ?ffidai urs f it was believed that a general elevation of Parlia- changes. mentary leaders to office was really impending. This time Saye was to be Treasurer, Hampden to be Chancellor of the Duchy of Lancaster, Pym to be Chancellor of the Exche- quer, and Brooke was to have a seat in the Privy Council. 2 If these changes were seriously contemplated the idea was soon abandoned. A Bill had been sent up to the Lords for im-. Bill for the posing the obligation of signing the Protestation upon JSfeST f a11 Englishmen, 3 which, as Protestants of every shade thrown out. h a agreed to accept it, would serve as a new test for the discovery of Catholics. Those who refused the Protesta- Disagree- t * on were to ^ e ^^ to be recusant convicts without mentbetween further process. They were to be incapable of hold- ing office. The Peers who objected to sign were to be excluded from their seats in the House of Lords. 4 On the 29th this Bill was rejected by the Lords. The next day the Commons ordered the impeachment of thirteen bishops who had taken part in the imposition of the new canons, and they voted that all who refused the Protestation were unfit to bear office in Church and commonwealth. They further August 2. or( j ere ^ thjg j ast vote to k e panted and sent down by the members to their respective constituencies. 6 The Peers through spleen to the Court was one which he had found brought against him. * L. ?. iv. 331. 2 Nicholas to Pennington, July 29, S. P. Dom. 8 Diurnal Occurrences^ 317. 4 Rossetti to Barberini, Aug. -p, R. O. Transcripts. 5 Moore's Diary, Harl. MSS. cccclxxix. fol. H4b. D'Ewes was absent during these days, on account of his wife's death from small-pox. There is a touching cyphered entry on the 3rd : " Heu I heu ! post dulcissimae conjugis obitum, heu inexpectatum, ego plurimis diebus absens eram a Comitiis, et heri cum hie eram quasi stupidus sede. Hodie virilem assu- mens animum et Deo me subjiciens publica non. neglexi." HarL MSS. clxiii. fol. 418. 414 CONSTITUTIONAL REFORMS, CH. xcix. took umbrage at this proceeding. They asked the Commons whether the paper in circulation was in reality theirs, and whether it had been printed by their orders. In the Lower August 3 . jj ouse t k e questions thus put roused a spirit of re- sistance. Culpepper took the lead in complaint. The House avowed its vote. They wished, they said, that their August* vQte ^0^ k e a shibboleth to discover a true Israelite.' l The majority of the peers were of opinion that the circulation of the paper was a breach of their privileges, and of the rights of the subject to have no qualification for office im- posed otherwise than by the law of the land. So far had the Lords gone when a secret intimation from the King warned them to desist, 'until his return from Scotland* Can it be doubted that he hoped by that time to have force on his side ? 2 For the sake of this the opportunity of supporting himself upon the House of Lords in a good cause was deliberately thrown away, as it had been thrown away in the days of Stafford's trial. Charles had now made up his mind to take his own course. Nothing more was heard of ministerial changes. On August 3 Au Loudoun returned from Scotland. The Houses were London's by this time at issue on other points besides the return. . obligatory signature of the Protestation. On the 4th the impeachment of the bishops was formally laid before the peers. There was by this time a division of opinion as to the Aug ^ best manner of supplying the King's place in his ab- impeach- sence. The Commons would have had a Lieutenant thirteen of the Kingdom appointed, with power to pass bills, bishops. Tlie L or cL Sj who were afraid lest the Root-and- Branch Bill should be urged upon them if there were any chance of its passing into law, wished to have Commissioners appointed Aug. 7 . wn would merely be empowered to pass a few bills a^n^&d s P eciall y named. Both Houses were in accord in to stay. striving to avert the King's departure so long as the two armies were in the field. 3 On Saturday, August 7, the last 1 Z. y. iv. 337, 338. 2 Dover's Notes in the House of Lords, Clarendon MSS. 1603. 3 The French ambassador thought that the King still relied on Mon- 1641 A SUNDAY SITTING. 415 opportunity of protesting appeared to have arrived, as he was to start on Monday. On Falkland's motion he was asked to defer his journey. 1 On that day the King gave his consent to two Bills of no slight importance. One of them annulled the proceedings re- The ship- lating to ship-money. The other limited the boun- Sd n the Bi11 daries of the foists. At the same time Charles an- Forest Bill, nounced that his resolution to proceed to Scotland was i>i?on g his irrevocable. He had, he said, received information by journey. Loudoun which made further delay impossible. What that information was he did not say. It stood out before the imagination of his hearers, as implying a new and terrible danger. Till ten at night the Commons prolonged their sitting, fruitlessly discussing measures to avert so great a peril. It is said that words were spoken it is hardly likely that they were uttered in _ . open debate declaring that the King had forfeited Excitement . o-ri i it in the Com- the crown. 2 In the end, it was resolved to sit again mons * on the following morning, Sunday though it was. No stronger evidence need be sought of the overpowering sense of danger which had taken possession of the Commons. There Au g were early prayers at St. Margaret's, followed by a A Sunday sermon from Calamy. 3 A fresh appeal was made to sitting. t j ie King, and a message was sent to the Scottish Commissioners begging them to approve of the proposed delay. Charles sent another message begging the Commissioners to disapprove of it. Their reply to him was all that he could wish. They were ready, they said, to risk their lives to restore him to his authority. So far had they been brought by their jealousy trose. He was not aware of his dealings with the other party through Rothes and Loudoun. * c On croit qu'il y aura un tiers parti en Ecosse, et que les Catholiques et ceux qui ne sont pas armez s'ennuyent du pouvoir de ceux qui gouvernent, c'est ce qui donne envie au .Roi d'y aller. Le Parlement le connait bien et n'y consentira point. " La Ferte's despatch, Aug. ^, Arch, des Aff. Etr. xlviii. fol. 346. 1 D'Ewes's Diary, HarL MSS. clxiv. fol. 2 b. 2 Giustinian to the Doge, Aug. ^, Vcn. Transcripts. * Diurnal Occurrences, 333. 4*6 CONSTITUTIONAL REFORMS. CH. XCIX. of the interference of the English Parliament with Charles's design of visiting his native kingdom. l The King, therefore, stood firm, and he was no doubt pro- voked to resistance by the cries of a -crowd of apprentices who had flocked to Westminster as in the days of consents to Stafford's trial. 2 He would put off his journey till d3ky* y s Tuesday, but he would put it off no longer. At the same time he showed, in the most pointed way, that the good- will of the Commons was no path to his favour. Bristol was Promotion admitted as a Gentleman of the Bedchamber. In ^d Ss 01 s Pi te ^ t ^ ie objection of the Commons, Bristol's son partisans. Digby was named Ambassador to France. Three noblemen were admitted to seats at the Council Board on Bristol's recommendation. Lennox too, who was on the most friendly terms with him, was created Duke of Richmond, and Savile had the promise of Vane's place as Comptroller of the Household as soon as the King returned. At another time these promotions would perhaps have been favourably received, at least in the House of Lords, and it is certain that Bristol can 1 " Quest! ringratiando sua Maesta della confidenza, le rimandorno che non si lasciarebbono guadagnare, farebbono apparire la loro fede, et la rissolutione di perdere la vita per rimmettere il suo Principe nella prima autorita." Giustinian to the Doge, Aug. ~ a , Vm. Transcripts. 2 Ibid. La Ferte's despatch, Aug. ||, Arch, des Aff. tr. xlviii. fol. 350. The Queen's feelings are depicted in the following extract from a letter written by her to her sister, the Duchess of Savoy, on this day : " Je vous jure que je suis presque folle du soudain changement de ma for- tune, car du plus hault degre* de contantement je suis tombee des (dans les) malheurs inimaginables en toutes espesses ; n'estant pas seullement en mon particulier, mais en celuy des autres. Les soufrances des pauvres Catoliques et des autres qui sont serviteurs du Roy ; monseigneur m'est plus sensible que quoy qui me put ariver en mon particulier. Imagine, quelle est ma condition de voir le pouvoir oste au Roy, les catoliques per- secutes, les prestres pandus, les personnes affectionne' a nostre service eP- loaygne*s de nous et poursuivis de leur vie pour avoir tasche' a servir le Roy, et moy retenue ysy comme prisonniere, que mesme Ton ne me veut pas permestre de suivre le Roy qui s'en va en Escosse, et personne au monde a qui pouvoir dire mes afflictions, et savoir avec tout cela ne pas temoigner en avoir du resantiment, " Lettres de Henriette- Marie tisa sceur, publie*es par Hermann Ferrero. Ill CHARLES LEAVES WESTMINSTER. 417 lave been no advocate of any appeal to violence. But with the Aug. 9. dread of the Scottish journey before them, even the petition for Lords were anxious to keep the balance of promotion he promo- m , , . , . , ion of even, and they joined the Commons m asking the King to make Pembroke Lord High Steward, and mry * Salisbury Lord High Treasurer. Neither Pembroke lor Salisbury were likely to make their mark in official life ; but !f they had had the capacity of Burghley or StrafFord, Charles, :n the temper in which he was, would have refused to listen Aug. 10. to their claims. 1 On Tuesday morning, he appeared rreaf ttish * r ^ e ^ ast t e * n Parliament before his departure. inished. He passed a Bill for confirming the treaty with the Scots, which had at last been completed, and for securing to rhe knight- them the future payment* of 22o,ooo/. which would iood fines. st iu remain owing to them out of the Brotherly 1 ssistance after they had crossed the Tweed. By another Bill le levy of fines for knighthood was rendered illegal. Charles was now proof against all further entreaties. He would make anyone repent, he said, who laid hands on his Charles sets ^ Orse?S remS tO st P kim. ^ 6 tO ^ t ^ ie crowc ^ * n out for Palace Yard which besought him to remain, that they might console ' themselves for his absence. His Scottish subjects needed him as much as Englishmen did. It was hard to persuade anyone that he was merely anxious to distribute his favours equally in the two kingdoms. At that very moment, the Scottish Commissioners were boasting that their nation 'would do all in its power to place the King in his authority again. When he appeared in Scotland, all political differences would be at an end, and they would serve their natural Prince as one man in such a cause.' 2 It is in the highest degree improbable that no rumour of this understanding with the Scottish Commissioners reached the ears of Pym. It was no mere shadowy danger the exhalation of 1 L. jf. iv. 352. Frith to Pennington, Aug. 10, 6". P. JDom. 2 Giustinian to the Doge, Aug. ^, Ven. Transcripts. On Nov. * Rossetti wrote that Charles 'ha sempre confidato di potere fare assai mediante la fattione scozzese, amandola per essere di la nativo. ' VOL. IX. E E 418 CONSTITUTIONAL REFORMS. CH. XCi the dead Army Plot which stirred the hearts of the Commons. They saw in the King's departure for Scotland the the Pariia- first act of the drama which, though they knew it ment " not, was to end twelve months later in the raising of the standard at Nottingham. The ground which they had gained seemed to be shaking beneath their feet. The armed intervention of rude and illiterate peasants, trained to the dis- cipline of camps and led by needy adventurers, would thrust aside the rule of men of speech and argument. In view of that risk both Houses and both parties forgot their differences. They were united as yet, as they were never again to be united till 1660, in their resolution that, as far as in them lay, there should not be a military despotism in England. No doubt the Houses over-estimated the danger, serious as it was. Whatever the Scottish Commissioners might say in 3 moment of irritation, it was most unlikely that th, enenc to over- f Scottish nation would lend itself to an enterprise th results of which were certain to recoil on their owi heads. The English army was, no doubt, highly discontented with the remissness with which its just claims to payment had been met ; but it had already resisted two attempts to drag it into political strife, and it was likely enough that it would resist a third, even if Charles appeared in person on the scene. In truth, however, the surest protection to Parliament was in Charles himself. A double-minded man is unstable in all his ways. He had never convinced himself whether he really in- tended to use force or not. His intrigues to bring military power to bear upon his political opponents were hampered by a desire to remain within the limits of legality. He had a hanker- ing after Leslie's pikes and muskets. He had also a hankering after Bristol's statesmanship. It was, therefore, highly probable that he would fail in making use of either. He had come on his journey to a point where two roads met, and he wished to travel along both roads at the same time. END OF THE NINTH VOLUME. Sjottiswoode &> Co., Printers, New-street Square, Londem, LOED MACAl^Y^WO^S AND LIFE. :he LIFE and LETTEES of LORD MACAULAY. By tlie Bight Hon. G. 0. TBKVELYAN, M.P. Popular Edition, 1 vol. crown Svo. 6s. Cabinet Edition, 2 vols. post Svo. 12. Library Edition, 2 vols. Svo. with Portrait, 36*. 3ISTOET of ENGLAND, from the ACCESSION of JAMES the SECOND: Student's Edition, 2 vols. crown 8vo. price 12*. People's Edition, 4 vols. crown 8vo. IBs. Cabinet Edition, 8 vols. post 8vo. 48*. Library Edition, 5 vols. Svo. 4. CRITICAL and HISTORICAL ESSAYS : Cheap Edition, 1 voL crown Svo. 2*. 6d. Student's Edition, 1 vol. crown Svo. 6*. People's Edition, 2 vols. crown Svo. 8s, Cabinet Edition, 4 vols* post Svo. 24*. Library Edition, 3 vols. Svo. 3G*. VABIOUS ESSAYS. 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